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06 MAR 13 A G E N D A BOARD OF ADJUSTMENT MARCH 13, 2006 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting February 13, 2006 1-3 Special Scheduled Meeting February 27, 2006 4-5 3. VARIANCE REQUEST(S): a. Billboard Variance 2021 North First Street Petitioner: Lamar Outdoor Advertising 6-9 b. Height Variance/Accessory Building 207 Kodiak Court Petitioner: Gerald Billson 10-14 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 13, 2006 6:30 p.m. – 7:13 p.m. ATTENDANCE: Commissioners: Glen Keaton, Bart Gray, Jr., Martha Boyd, 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 Perry moved, seconded by Commissioner Boyd to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of February 13, 2006 and the minutes of the Special meeting of February 27,2006 as amended. MOTION CARRIED. VARIANCE(S): a. Billboard Variance 2021 North First Street Chairman Traylor opened the public hearing at approximately 6:30 p.m. Mr. Greg Criner of Lamar Outdoor Advertising related their proposal to install an off-premise billboard at 2021 North First Street. He stated that they were unable to obtain the permit without a variance because of how the distance was measured between the proposed site and a billboard located on T.P. White Drive. He read an excerpt from the Jacksonville Municipal Code “No billboard will be located within 1,000’ of another billboard and no more than four billboards within the space of one mile on the same side of the road, and no billboard will be located within 250’ of a line drawn perpendicular to the right-of-way from another billboard on the opposite side of the roadway.” He stated that the sign in conflict is a sign permitted as 1805 T.P. White Drive. He stated that his company’s contention is that North First Street is a completely different street from T.P. White Drive. He went on to say that the proposed sign is not intended to read from T.P. White Drive but is intended to read as a north and south face from North First Street. He stated that he feels the sign should be measured perpendicular or vertically on the same side of North First Street and across the street up and down North First Street. He stated that if that is done then there would not be any billboards anywhere near 1,000 feet of the proposed location. He stated that the conflicting measurement was taken across the property between North First and T.P. White. In response to a question posed by Chairman Traylor, Mr. Criner explained the proposed location of the sign is to the rear of the brown brick building near a heat and air unit, to one side of the alley way. City Engineer Whisker related that in measuring the property from the edge of the asphalt closest to North First Street lined up with the edge of the asphalt on the north side of the ditch he measured 246’ to the base of the pole in a perpendicular line. He explained that he had informed Mr. Criner in the on start of conversations, that no billboard will be placed within 1,000’ of another billboard. Mr. Criner pointed out that the Code reads “and” not or “and in no event will there be more than four (4) billboards within one (1) mile upon the same side of the roadway.” He reiterated his conviction that the Code does not support a measurement across property from one street to another. He stated that he feels the wording of perpendicular is meant to be used as BOARD OF ADJUSTMENT REGULAR MEETING March 13, 2006 a measurement on the same roadway not from one roadway to another. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that the signs on a perpendicular measurement are within 250’ of each other. He added that if not measured on a perpendicular line it would be closer to 250’. He answered that he was not aware if there were 4 signs on North First within 1,000’. In response to a question posed by Commissioner Perry, Mr. Criner answered that the billboard would be approximately 35’ in height. He then pointed out that his company has removed two or three billboards within the City of Jacksonville in the last few years, explaining that his company is trying to replace some of the lost coverage. He related that his company feels that the area is a market demanded area. He stated that he feels the key is the terminology of “on the same side of the roadway.” City Engineer Whisker stated that he feels the Code is clear in stating that no billboard will be placed within 1,000’ of another billboard and there will be no more than 4 on the same side of the roadway. Chairman Traylor concurred that those two statements are separate. Commissioner Gray stated that he would interpret those statements to mean on the same road. Mr. Criner stated that his company is not trying to proliferate Jacksonville with billboards, offering that his company would be willing to remove the billboard currently located on Center Street since construction of the overpass leaves only one side of the billboard feasible for advertisement. Chairman Traylor questioned if the numerous power lines located behind the building would have any consequences for locating a billboard in that location. Mr. Criner related that OSHA requires that the edge of the sign have a minimum of 15’ clearance from any power line. He stated that they measured from the front and sides of the property to meet setbacks and still met OSHA regulations. In response to a question from Chairman Traylor, Mr. Criner stated that the sign would probably overhang the building slightly. City Attorney Bamburg clarified for the record that Mr. Criner’s variance request would be for relief from the 250’ requirement and the 1,000’ requirement. In response to a question posed by Commissioner Gray, Mr. Criner related that the proposed billboard will be one of the smaller ones, measuring 10’6” X 22’9” with the total area of the panel being 262 square feet. He then concurred that it would be a double faced sign. He then offered, not as a matter of comparison, that they have not incurred this issue in other cities, explaining that it is designed to go either on parallel to the roadway, the right-of-way or the opposite side of the road. He stated that BOARD OF ADJUSTMENT REGULAR MEETING March 13, 2006 he was surprised by the determination of the Engineering Department when he applied for a sign permit. In response to a question posed by Commissioner Perry, City Clerk Susan Davitt answered that her office had not received any comments from the surrounding businesses. In response to a question posed by Commissioner Keaton, Mr. Criner stated that he did not feel that granting the variance would open up other requests in the area because of the requirement that billboards not be located within a certain number of feet from a residential area. City Attorney Bamburg clarified that it would open-up other requests, noting that the Ordinance was not intended to limit the 250’ requirement or the 1,000’ requirement to a single street. He stated that he was on the Committee that drafted the Ordinance. Mr. Criner noted that the Cemetery is zoned residential, which would preclude further billboards along North First Street in that area. City Engineer Whisker noted that it would not preclude them from requesting a variance. Discussion ensued regarding other signage in the commercial area for businesses located near the freeway. Commissioner Gray moved to grant a billboard distance variance for the required 250’ and the 1,000’ noting that he feels North First should be considered a separate street from T.P. White. MOTION DIES FOR LACK OF A SECOND. Discussion ensued and Commissioner Gray offered the interpretation that the streets are considered separate, further noting that there are very few streets in Jacksonville that would converge such as North First and T.P. White, which would preclude from setting a precedence. Further discussion ensued as to the intention of the Code regarding the 250’ regulation and the signage locations along the bean field area. City Attorney Bamburg noted that much of the signage in the bean field area were pre-established to the Ordinance and were thus grandfathered in. Mr. Criner noted that this would be the first time Lamar Outdoor Advertising has requested a variance in the City of Jacksonville, further noting that the only time he has been before the Board to request a variance in the last 8 years is when he worked for another sign company who built the sign for Rebsamen, which is located along the freeway. He reiterated Lamar’s willingness to remove a billboard on Center Street and their desire to replace coverage. He stated that he respects the restrictive nature of the sign ordinance, because having a lot of signs in one area would not be beneficial to any one of the signs competing for recognition. He noted that according to the dictionary the word perpendicular means exactly upright or vertical, pointing out that T.P. White runs north/south and the BOARD OF ADJUSTMENT REGULAR MEETING March 13, 2006 measurement would have been east/west. City Engineer Whisker noted that Main and James Streets are two streets that converge in similar fashion. Commissioner Keaton related that to him the statement that no billboard will be placed within 1,000’ of any other billboard is a statement that stands on its own. Mr. Criner pointed out that Lamar Outdoor Advertising is one of the few companies that construct the smaller size billboards known as poster retro signs. He noted that most of the signage companies construct the larger one-sided freeway signs. He stated that while it is not impossible, he feels it would be highly unlikely that another sign company would request a variance for this area. Commissioner Perry moved, seconded by Commissioner Keaton to deny the request for a billboard variance at 2021 North First Street. MOTION CARRIED with Commissioner Gray voting NAY. Chairman Traylor closed the public hearing at approximately 7:07 p.m. b. Height Variance/Accessory Building at 207 Kodiak Court Chairman Traylor opened the public hearing at approximately 7:08 p.m. Mr. Gerald Billson of 207 Kodiak related that his neighbor, who is also a builder, is constructing the workshop located at his property. He stated that he was informed by Code Enforcement Officer Marty Sanady during construction that his building was too high. He stated that upon learning this, the building was lowered three feet, which he and the builder thought would be ample to place the building within compliance. He related that he and his builder then learned after City Engineer Whisker measured that the building was still too high. He then related that City Engineer Whisker directed him to the Board of Adjustment to seek a variance. In response to a question posed by Commissioner Perry, City Engineer Whisker related that typical requirements for obtaining a building permit is a plot plan showing the distance from property lines. Mr. Billson then answered that his builder did not believe the building was higher than 25’ but was not aware of the regulation that the building was to be no higher than the principal residence. He then answered that the property behind his home is in the flood plain. In response to a question posed by Chairman Traylor, Mr. Billson answered that the building is approximately 21 plus feet. City Engineer Whisker stated that in shooting the elevation of the building he turned the pole upside down rather than climbing the height of the residence and noted that it was roughly 2’ higher than the house. It was noted that the other shed located on the property will be demolished. BOARD OF ADJUSTMENT REGULAR MEETING March 13, 2006 In response to a question posed by Commissioner Keaton, Mr. Billson noted that the neighbors who signed saying they did not have a problem with the height of the accessory building were his neighbors within the cul-de-sac and one resident closest to the rear of the property. Commissioner Keaton moved, seconded by Commissioner Perry to approve the height variance for an accessory building at 207 Kodiak Court. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Traylor adjourned the meeting at approximately 7:14 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mike Traylor CITY CLERK - TREASURER