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05 APR 11 A G E N D A BOARD OF ADJUSTMENT APRIL 11, 2005 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting March 14, 2005 1-3 3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance 912 Norma Court Petitioner: John Rothrock (site plan included in packet) 4-9 b. Vehicle Variance 3508 West Main Street Petitioner: Andrew Teague (information included in packet) 10-11 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 11, 2005 6:30 p.m. – 6:56 p.m. ATTENDANCE: Commissioners: Martha Boyd, Mike Traylor, Bart Gray, Jr., and Mark Perry Chairman Keaton, and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Keaton declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, seconded by Commissioner Traylor to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of March 14, 2005. MOTION CARRIED. VARIANCE(S): a. Rear Yard Setback Variance 912 Norma Court Chairman Keaton opened the public hearing at approximately 6:32 p.m. Mr. Frank Swift stated that he is representing Mr. John Rothrock the owner of the property at 912 Norma Court. He stated that the request is for a rear yard setback variance for an addition to the rear of the home. He related that Mr. Rothrock is planning to use the home as a retirement home when he retires from being a school teacher in New York. He added that the home has been rented. He stated that the addition would be a sunroom, and noted that the home is located on a culdesac. He noted that because of the curve of the culdesac the addition would not be readily visible to the adjacent neighbors. He noted that his property is located directly to the north at 913 Lessel, and the property to the northwest adjoins this property by no more than five feet of property line. He stated that because of the location of storage buildings in each of the rear yards the addition would not be visible. He noted that the surrounding neighbors have no objections. He stated that the room addition would be 17’ from the rear property line. In response to a question posed by Commissioner Perry, Mr. Swift related that the construction of the sunroom would mostly be glass, adding that during the renovation the entire house will be refurbished with new vinyl siding and new roofing. He stated that Mr. Frank Stanislavski has been chosen as contractor for the addition. He added that Mr. Stanislavski has worked for him in the past and provided excellent work. City Engineer Whisker related that there is no objection on behalf of the City. Chairman Keaton closed the public hearing at approximately 6:39 p.m. Commissioner Gray related that his company is acting property manager for the property. Commissioner Perry moved, seconded by Commissioner Boyd to approve a 17’ rear yard setback variance at 912 Norma Court. MOTION CARRIED with Commissioner Gray abstaining from the vote. b. Vehicle Variance at 3508 West Main Street 1 BOARD OF ADJUSTMENT REGULAR MEETING April 11, 2005 6:30 p.m. – 6:56 p.m. Chairman Keaton opened the public hearing at approximately 6:40 p.m. Mr. Andrew Teague of 3508 West Main stated that he is in the process of rebuilding the vehicle. He noted that he began in January and has experienced some difficulty obtaining parts from distributors. In response to a question posed by Chairman Keaton, City Engineer Whisker reviewed the Jacksonville Municipal Code, which addresses vehicles. He stated that a resident who has a vehicle that is inoperable is given 7 days to place the vehicle in an enclosed storage, remove the vehicle, or have the vehicle repaired. He stated that typically a resident can obtain an extension from the City if the vehicle can be repaired in two to three weeks, or if it is an antique automobile and shows constant restoration. He stated that the resident is allowed to continue work on the vehicle with the stipulation that the work area is kept clean. Discussion ensued and it was noted that where before the vehicle did not have an engine when first inspected, the vehicle now has an engine and transmission. Mr. Teague noted that the vehicle had previously been registered as an antique vehicle. City Engineer Whisker noted that an antique vehicle is one that is over 25 years old regardless of registration. In response to a question posed by Commissioner Gray, City Engineer Whisker responded that the vehicle was brought to the attention of the Code Enforcement Office through a complaint call. It was noted that the carport is the only area for repair that the property offers. Mrs. Teague noted that she parks her vehicle in front of the carport where the vehicle is kept to help obscure a constant view of the truck. She stated that they would take whatever recommendation the Board has to offer, suggesting a cover for the vehicle, in order to keep the vehicle and be able to restore it. In response to a question posed by Commissioner Perry, Mr. Teague estimated that if the parts arrive without delay, he may be able to complete repairs to make the truck operable by next week. He then related further difficulty with lost and delayed part orders. He then answered that he is trying to restore the vehicle to as close to original as possible. In response to a question posed by Commissioner Gray, City Engineer Whisker related that the Ordinance prohibits vehicles being stored in back yards even with a privacy fence. He stated that the vehicle has to be in an enclosed structure and that a carport is not considered to be an enclosed structure. He related that the Ordinance grants the Board of Adjustment authority to grant a variance. He then answered that typically the City does not aggressively seek vehicles in back yards unless Code Enforcement is investigating a complaint. He stated that vehicles spotted by Code Enforcement in front yards are watched for approximately six to seven days before a notice is given to address the situation. 2 BOARD OF ADJUSTMENT REGULAR MEETING April 11, 2005 6:30 p.m. – 6:56 p.m. In response to a question posed by Chairman Keaton, Mr. Teague related that he keeps all parts for the vehicle under the carport and tries to keep the area clean. In response to a question posed by Commissioner Boyd, Mr. Teague related that some of the parts have to be shipped from Europe, which affects the timeline for completion. In response to a question posed by Commissioner Perry, Mr. Teague stated that he has owned the vehicle for six years, adding that it was his grandfather’s truck. Commissioner Traylor noted that the vehicle has not been licensed since April of 2003. Mr. Teague then answered that he believes he can have the vehicle operable in the next two weeks. City Engineer Whisker then answered that if the vehicle can be started and can move of its own accord, with no safety issues such as a missing windshield, the vehicle would not be considered inoperable. Commissioner Perry stated that he has an understanding of the availability of parts for older vehicles. Commissioner Perry moved, seconded by Commissioner Boyd to approve the vehicle extension variance at 3508 West Main Street for three weeks until May 2, 2005. MOTION CARRIED. In response to a question posed by Commissioner Gray regarding the consequences of a denial, City Engineer Whisker stated that if the variance were not granted and the seven days had passed with the vehicle showing no active restoration, the City would have the vehicle towed. He stated that if the vehicle were showing signs of restoration it would be evaluated on a weekly basis. Chairman Keaton closed the public hearing at approximately 6:45 p.m. ADJOURNMENT: Commissioner Boyd moved, seconded by Commissioner Traylor to adjourn the meeting at approximately 6:47 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Glen Keaton CITY CLERK - TREASURER 3