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04 JAN 12 A G E N D A BOARD OF ADJUSTMENT JANUARY 12, 2004 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting November 10, 2003 1-7 3. VARIANCE REQUEST(S): a. Side Yard Setback 500 W. Hayes Petitioner: Kathleen Thomason 8-10 b. Building line setback 1509 Bedford Lot 64 Crooked Creek Subdivision Petitioner: John Burton 11-12 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 12, 2004 6:30 p.m. – 6:50 p.m. ATTENDANCE: Commissioners: Chairman Perry, Commissioners Kevin McCleary, Martha Boyd, Glen Keaton and Susan Dollar, City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Perry declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, second by Commissioner McCleary to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of November 10, 2003. MOTION CARRIED. VARIANCE(S): a. SIDEYARD SETBACK at 500 West Hayes Chairman Perry opened the public hearing at approximately 6:30 p.m. Petitioner Kathleen Thomason stated that the homes in her subdivision were built in the 50’s. She related that her parents purchased the home at 500 West Hayes in the 60’s and enclosed the original carport in the 70’s as a room addition. She added that a new carport was then constructed to the rear of the house, but added that during that construction her father had a heart attack and was unable to supervise the work; resulting in an addition with a shallow pitched roof that had already begun to rot by 1990. She explained that she had waited too long to have repairs made and that by the time she did plan to start repairs it had completely rotted and was unsalvageable. She pointed out that the concrete pad was not destroyed so she would like to rebuild the carport on the existing pad, with better construction methods. She noted that an accessory building to the rear of the yard has been repaired. City Engineer Whisker clarified that the accessory building in the rear yard was resided, but the structure is original. He continued that the main structure of the carport was completely rotted and demolished. He explained that if the roof and sides were the only part in need of repair on the carport, Mrs. Thomason would not have had to come before the Board for a variance. In response to a question posed by Commissioner McCleary, Mrs. Thomason related that the new construction will be rebuilt exactly where the old carport was located previously. She related that originally there was a room that was attached to the carport but never used; adding that she intends to convert that area to a screened porch. She stated that from the street only a side wall would be visible, but the three remaining sides of the addition would be screened in. She related that she plans to paint the exterior and accessory building to match the trim of the house, adding that she has already purchased matching shingles for the siding. City Engineer Whisker stated that all yards in the area are two feet from the street right-of-way. He then related that Mrs. Thomason has the same driveway, parks in the same manner and that the construction would not extend past the existing house. Mrs. Thomason stated that there is currently a back door with an eve, which was original to the house. She related that she intends to extend the eve 1 BOARD OF ADJUSTMENT REGULAR MEETING January 12, 2004 6:30 p.m. – 6:50 p.m. of the carport to match the original eve over the door to create a dry path to the door, adding that the roof will be a 4/12 pitch. In response to a question posed by City Engineer Whisker, Mrs. Thomason replied that the porch roof would extend to cover the carport. Chairman Perry closed the public hearing at approximately 6:38 p.m. Commissioner Dollar moved, seconded by Commissioner Keaton to approve the side yard setback variance request for a carport at 500 West Hayes. MOTION CARRIED. b. BUILDING LINE SETBACK at 1509 Bedford Drive Lot 64 Crooked Creek Subdivision Chairman Perry opened the public hearing at approximately 6:39 p.m. Mr. John Burton stated that he is the builder at 1509 Bedford Drive, explaining that he has built the house over the building line by 3.8 feet regarding a bay window and 1.8 feet regarding the house footprint. In response to a question posed by City Engineer Whisker, Mr. Burton responded that he is not sure how the house came to be constructed over the building line, adding that the house layout was not extended but must have been shifted during initial construction. In response to a question posed by Chairman Perry, City Engineer Whisker responded that the general contractor is responsible for the placement of the structure on the lot as shown on the building plan. In response to a question posed by Commissioner McCleary, City Engineer Whisker responded that the house is on a corner lot and the building line in question is on the street side of the house. He added that even with the variance difference the side alignment of the houses would not appear to be offset or affect any other property. In response to a question posed by Commissioner Dollar and Chairman Perry, Mr. Burton stated that the house is completed and that he has built four other homes in Jacksonville last year. Chairman Perry stated that previously the Board has allowed exceptions and are more lenient regarding the first variance but added that subsequent mishaps regarding building setbacks are costly. He related that the Board is the enforcement authority; and recommended that builders double-check their work to ensure that they are within the guidelines. He related that it is his understanding that there is a $500 fine for each foot over the building line and instructed Mr. Burton to be forewarned. Chairman Perry closed the public hearing at approximately 6:45 p.m. Commissioner Dollar moved, seconded by Commissioner McCleary to approve the building line setback variance request at 1509 Bedford Drive. MOTION CARRIED. 2 BOARD OF ADJUSTMENT REGULAR MEETING January 12, 2004 6:30 p.m. – 6:50 p.m. ADJOURNMENT: Commissioner Boyd moved, seconded by Commissioner Keaton to adjourn the meeting at approximately 6:50 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Perry CITY CLERK - TREASURER 3