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05 JAN 10 A G E N D A BOARD OF ADJUSTMENT JANUARY 10, 2005 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting October 11, 2004 1-2 3. VARIANCE REQUEST(S): a. Vehicle Variance 120 North Circle Petitioner: Consuelo Whitney b. Temporary Sign Variance The Pizza Company 2703 T.P. White Drive Petitioner: Virgil Wilson 3 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 10, 2005 6:30 p.m. – 6:55 p.m. ATTENDANCE: Commissioners: Commissioners Martha Boyd, Mark Perry, and William Montgomery Chairman Stroud, City Engineer Whisker and City Attorney Bamburg _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Stroud declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, seconded by Commissioner Boyd to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of October 11, 2004. MOTION CARRIED. VARIANCE(S): Vehicle Variance 120 North Circle Chairman Stroud opened the public hearing at approximately 6:30 p.m. Mrs. Consuelo Whitney of 120 North Circle stated that she is requesting a variance because she is in the process of repairing the vehicle parked at her house. She explained that since applying for the variance she has not had an opportunity to continue repairs. She then explained that two weeks prior to applying for the variance her mother went into the hospital, adding that the holidays and the rain have made it difficult to proceed with repairs. She related that she had planned to have the vehicle towed to Searcy to her usual mechanic, explaining that he had informed her that he would not be able to get to the car repairs for at least two or three weeks. She related that as a student and single mother she had temporary “run out of money” for car repairs. She explained that she was trying to wait on her school refund and income tax refund to complete the repairs. City Engineer Whisker noted by photographs that the vehicle was tagged on November 30, 2004, adding that Mrs. Whitney was granted some extension time before being asked to apply for a variance. He noted that the car was tagged as a result of a complaint call. Discussion ensued regarding the timeframe involved with the car being tagged and the variance request. City Clerk Davitt clarified that the Mrs. Whitney applied for a variance public hearing on December 14, 2005. In response to a question posed by Commissioner Perry, Mrs. Whitney responded that she does own a separate vehicle that she currently uses. She then answered that the vehicle for repair is a 1985 Cutlass and that before being tagged the vehicle had been located there for approximately two months. She then explained that the engine is in a repair shop but she does not currently have the money to finish the work. She explained that she would not have the money until receiving her income tax or school refund. In response to an observation of the condition of the vehicle, Mrs. Whitney responded that the front tires have been removed because when the vehicle was wrecked the driver’s side frame was bent. She then answered that she 1 BOARD OF ADJUSTMENT REGULAR MEETING January 10, 2005 had not had the frame of the car straightened yet, explaining that she had the wreck in July. She added that the vehicle was drivable until September when she began trying to find parts for the vehicle. In response to a question from Commissioner Perry, Mrs. Whitney stated that the completion date would depend on the money factor, reiterating that she is waiting for either of her expected refunds to complete repairs. In response to a question from Commissioner Montgomery, Mrs. Whitney related that the engine has burnt oil on top of the intake and the pistons that have to be replaced. She stated that her mechanic had quoted her $1,100.00 for repairs. She then related that the engine and transmission were the first parts of the vehicle to leave for repairs in September. Discussion ensued regarding the process the car was taken apart. City Engineer Whisker noted that in one of the photographs provided the transmission is visible by the back door of the house. In response to a question from Commissioner Perry, Mrs. Whitney stated that she believes her mechanic in Searcy can tow the car in approximately two weeks. City Engineer Whisker noted that the owner of a tagged vehicle has approximately seven (7) days to have the car repaired, removed, or placed in an enclosed structure. Commissioner Perry noted that the weather had not been conducive to repair a vehicle outside. Commissioner Perry moved, seconded by Commissioner Montgomery to allow Mrs. Whitney have the car remain until January 31, 2005. MOTION CARRIED. Chairman Stroud closed the public hearing at approximately 6:40 p.m. b. Temporary Sign Variance for the Pizza Company at 2703 T.P. White Drive. Chairman Stroud opened the public hearing at approximately 6:41 p.m. Mr. Virgil Wilson owner of the Pizza Company related that he is requesting the variance because his property is scheduled to be taken by the State Highway Department, adding that the timeframe has not been determined yet. He surmised that it could be at the end of this year or next. He stated that the sign is an important marking to building, explaining that to make the sign permanent and then have to destroy it later would not be cost feasible. He added that he would rather put money into the new location for a permanent sign. He then noted that the maximum amount of relocation money offered by the Highway Department is $20,000.00, adding that it will not be near enough to relocate the business. He stated that his concern would be to be able to keep the sign up until he moves and it can be made into a permanent fixture. City Engineer Whisker clarified that the Highway Department project being 2 BOARD OF ADJUSTMENT REGULAR MEETING January 10, 2005 referred to is the moving of the northbound ramp further north. He noted that the project is on the schedule for the Highway Department for 2006. It was noted that the variance would be for a portable marquee sign. Chairman Stroud noted that the economic hardship issue is not part of the factors used to determine if a property owner has reasonable use of the property or is entitled to a variance. City Engineer Whisker related that the City of Jacksonville is the entity that requested that the northbound ramp be moved because of traffic safety issues when Lowe’s began to develop. Mr. Wilson stated that the function of the sign is important to his business for informational reasons, adding that he feels the loss of the sign would be a major loss to his business. Chairman Stroud agreed that while it may be an enhancement for the business it is also in violation of the Ordinance. Mr. Wilson pointed out that he would not have need of a variance if he was not being relocated from his property, explaining that he would then be willing to spend the money to make the sign permanent to fit the Ordinance. He added that he is requesting a temporary variance to allow him to move the sign to his permanent location within the timeframe being offered by the Highway Department. In response to a question from Commissioner Montgomery, Mr. Wilson stated that he has owned and used the sign for approximately 10 years. Discussion ensued regarding the length of time other signs on the property had been located there, and Mr. Wilson confirmed that all the signs had been there a lengthy amount of time. Mr. Wilson explained the importance of the sign to the overall operation of his business. He then explained that the other sign in front of his building is going to be removed. Chairman Stroud noted the hardship was caused from the City of Jacksonville requesting the northbound ramp be moved. City Engineer Whisker stated that the Highway Department is postponing the purchase of right-of-way until they receive environmental clearance. Discussion ensued regarding the uncertainty of time involved with the project. Commissioner Perry moved, seconded by Commissioner Montgomery to grant a temporary sign variance to the Pizza Company until February 2006. MOTION CARRIED. 3 BOARD OF ADJUSTMENT REGULAR MEETING January 10, 2005 ADJOURNMENT: Commissioner Montgomery moved, seconded by Commissioner Perry to adjourn the meeting at approximately 6:55 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Stroud CITY CLERK - TREASURER 4