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06 JUN 12 A G E N D A BOARD OF ADJUSTMENT JUNE 12, 2006 - 6:00 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting May 8, 2006 1-2 3. VARIANCE REQUEST(S): a. Driveway Variance Lot #19 Forest Oak Subdivision 500 Forest Oak Cove Petitioner: Paul Fulmer, Ace Construction 3-5 b. Rear Corner Side Setback Variance 213 Marshall Road Petitioner: Dewey Sims, Fishnet Missions 6-8 c. Height Variance 2110 John Harden Drive / Cranbury Inn Petitioner: Cory Jackson, Jackson Hospitality Services 9-10 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: June 12, 2006 6:00 p.m. – 6:39 p.m. ATTENDANCE: Commissioners: Bart Gray, Jr., and Mark Perry Chairman Traylor, and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Traylor declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Gray moved, seconded by Commissioner Perry to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of May 8, 2006. MOTION CARRIED with Chairman Traylor voting AYE. VARIANCE(S): a. Driveway Variance at Lot 19 Forest Oak Subdivision, 500 Forest Oak Cove Chairman Traylor opened the public hearing at approximately 6:01 p.m. Mr. Paul Fulmer of Ace Construction stated that when he built the drive he was not aware of an ordinance regarding circular drives, explaining that the grade up to the garage is steep, which makes it difficult for entering and exiting a vehicle on that grade. He stated that the circular drive provides a level surface for exiting vehicles. He related that he became aware of the need to obtain a variance from City Engineer Whisker. He went on to note that aesthetically the driveway is pleasing. City Engineer Whisker stated that he became aware of the driveway when another builder questioned being able to put in a circle drive. He explained that the Code requires a driveway on any one piece of property to have a 40’ space between egresses. Mr. Fulmer question if the Code meant for two driveways, adding that if the Code is interpreted for one driveway it would prevent the construction of any circular drives on standard City lots even 90’ wide lots. City Engineer Whisker stated that his interpretation is for a driveway cut and that a circular driveway has two cuts. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that the egresses measure approximately 30’ to the inside. In response to a comment from Commissioner Perry, Mr. Fulmer acknowledge that the permit requires a resubmittal for modified or altered plans for the structure to the City Engineer’s Office but did not realize that applied to driveway construction. Discussion ensued regarding the possibility of having heavily concreted areas if adjoining drives were constructed on each side of the circular drive close to the lot line. Mr. Fulmer pointed out that one good thing about a circular drive is that it allows the resident to pull to the street instead of backing into the street. He noted safety wise; it would be considered an asset. He reiterated that his reason for construction of the circular drive was because of the steep grade to the garage. 1 BOARD OF ADJUSTMENT REGULAR MEETING June 12, 2006 In response to a question posed by Chairman Traylor, City Engineer Whisker related that both sides of the drive are 10’ from the property line. He noted that the Code calls for driveways to be 20’ from the side property lines, adding that he does not believe most driveways meet that requirement. Discussion ensued that the requirement may apply to commercial driveways. In response to a question from Commissioner Perry, Mr. Fulmer stated that the commercial appeal of the driveway has been positive and that currently there is an offer on the house. Discussion ensued and it was determined that this phase of the subdivision has two circular drives and that the next phase of the subdivision is ready to begin construction. City Engineer Whisker clarified that the other drive was classified as one large driveway versus a circular drive since it was less than 48’ wide and concreted in the middle. Discussion ensued regarding the prudence of filing for a variance prior to building or changing an approved building plan. Commissioner Perry moved, seconded by Commissioner Gray to grant a driveway variance at lot 19 Forest Oak Subdivision, 500 Forest Oak Cove. Commissioner Perry stated that he likes the concept of a circular drive, saying that it is more indicative of upper scale homes you can find in west Little Rock. At this time, MOTION CARRIED with Chairman Traylor voting AYE. Chairman Traylor closed the public hearing at approximately 6:15 p.m. b. Rear Corner Side Yard Setback Variance at 213 Marshall Road Chairman Traylor opened the public hearing at approximately 6:16 p.m. Mr. Dewey Sims of Fishnet Missions related that the proposed construction would be in the north/northwest corner of the property. He stated that they would need a 4.7’ setback variance. He noted that the building had to be moved from the front to the rear to keep it away from the center power line, adding that they have permission from Entergy to locate the building to the rear. He stated that while the building is close to the flood plain it is out of the flood plain on the northeast corner by 4.1’ and the southeast is 5’ from the flood plain. City Engineer Whisker noted that after moving the building, the encroachment is 4.7’ onto Entergy’s easement and the side yard setback is 15’ and the building will be 10.5’ requiring a 4.5’ variance. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that he has visited the site several times, adding that the Fire Marshall did not seem to have problems regarding access. 2 BOARD OF ADJUSTMENT REGULAR MEETING June 12, 2006 Chairman Traylor closed the public hearing at approximately 6:21 p.m. Commissioner Gray moved, seconded by Commissioner Perry to grant a rear corner side yard setback variance at 213 Marshall Road. MOTION CARRIED with Chairman Traylor voting AYE. c. Height Variance at 2110 John Harden Drive, Cranbury Inn Chairman Traylor opened the public hearing at approximately 6:22 p.m. Mr. Ben Goodman of Jacksonville Hospitality Services stated that he is representing Cory Jackson on behalf of Cranbury Inn. He stated that Jacksonville Hospitality Services operates as a third-party management representing the owners of the hotel. He stated that they have secured a license with Holiday Inn to convert the hotel to a Holiday Inn Express. He added that part of the covenant of the licensing agreement is to add rooms. He related that the original plan was to add to the rear of the building, which was not possible because of the floodway issues. He then stated that plan B would be to add a story to the hotel, adding approximately 20 rooms. He stated that the construction would require a 10’ variance in a C-3 zone with Code requirement at 35’. He presented a design concept of the building with a floor added, stating that the appearance would not change greatly. City Engineer Whisker stated that basically it would be a Code issue regarding height. He noted that an architect would need to address issues of a water sprinkler system and other structural aspects. Mr. Goodman related that an architect from Memphis has been hired to oversee structural changes. In response to a questioned posed by Commissioner Perry, Mr. Goodman stated that he did not believe the addition would present a problem for the Military, noting that signs in the surrounding area are 40’ in height. He then answered that they have not yet contacted the Air Force Base. He added that if granted they would be willing to contact the Base for their input. In response to a question posed by Commissioner Gray, Mr. Goodman stated that the total height of the structure would not be higher than 45’, adding that currently the building is 32’. City Engineer Whisker then answered that the property is within a platted subdivision and would not need to go before the Planning Commission for a building permit as long as it meets space and parking guidelines. Discussion ensued as a matter of curtsey having the item reviewed by the Planning Commission. It was noted that the area is not in the flight pattern. Commissioner Gray moved, seconded by Commissioner Perry to grant the height variance at 2110 John Harden Drive subject to a review and acceptance by the Civil Engineer of the Little Rock Air Force Base. MOTION CARRIED with Chairman Traylor voting AYE. 3 BOARD OF ADJUSTMENT REGULAR MEETING June 12, 2006 Chairman Traylor closed the public hearing at approximately 6:29 p.m. ADJOURNMENT: Without objection, Chairman Traylor adjourned the meeting at approximately 6:39 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mike Traylor CITY CLERK – TREASURER 4 City of Jacksonville Board of Adjustment Chairman Mike Traylor Chairman Traylor and Board of Adjustment Commissioners: Mr. Paul Fulmer of Ace Construction has requested a driveway variance for property addressed as Lot 19 Forest Oak Subdivision, 500 Forest Oak Cove in the City of Jacksonville. As reference, this request is in violation to Jacksonville Municipal Code 12.24.090. Mr. Fulmer will be present at the regularly scheduled Board of Adjustment meeting June 12, 2006 to represent this item of business. 5