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06 NOV 06 Special A G E N D A BOARD OF ADJUSTMENT NOVEMBER 6, 2006 - 5:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting September 11, 2006 1 Special Scheduled Meeting September 18, 2006 2-5 3. VARIANCE REQUEST(S): a. Building line setback variance 1003 Steeple Chase Cove Petitioner: Penn Construction 6-7 b. Commercial Sign Package variance 723 School Drive Petitioner: Whit Davis Lumber Design Plan included in packet 8 c. Side yard setback variances 619 & 625 North First Street Petitioner: J. Green Development 9-12 d. Building line setback variance Lot 44, Stone Ridge Subdivision Petitioner: Bond Consulting, Inc. 13-14 e. Rear yard setback variance 201 Merganzer Drive Petitioner: Robert Thurston 15-16 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: November 6, 2006 5:15 p.m. – 5:46 p.m. ATTENDANCE: Commissioners: Mark Perry, Bart Gray, Jr., and Martha Boyd Commissioner Keaton arrived at approximately 5:30 p.m. 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 Boyd moved, seconded by Commissioner Perry to approve the minutes of the regularly scheduled Board of Adjustment meeting of September 11, 2006 and the minutes of the special called Board of Adjustment meeting of September 18, 2006 as presented. VARIANCE(S): a. Building line setback variance 1003 Steeple Chase Cove. Chairman Traylor opened the public hearing at approximately 5:15 p.m. Mr. Boyce Penn related that the house was completed and ready for sale before it was discovered by the title company that the house was approximately 5’ over the front build line. He explained that the footing was dug by a company from Sherwood, noting that Sherwood has 25’ front yard build lines. He added that most cul-de-sacs have a 25’ front build line. City Engineer Whisker related that while most cul-de-sacs in the City have a 25’ build line this lot was platted with a 35’ build line, saying that the difference is not obvious. Discussion revealed that the Planning Commission is currently considering changing the regulation front build line from 35’ to 25’. Commissioner Perry moved, seconded by Commissioner Gray to approve as requested a 5’ setback variance at 1003 Steeple Chase Cove. MOTION CARRIED. Chairman Traylor closed the public hearing at approximately 5:17 p.m. City Engineer Whisker referred to a recent article in the Town & City magazine, explaining that build lines in cul-de-sacs are not as easily judged without formally measuring the build lines. Mr. Penn stated that Little Rock is the only city that he is aware of that measures each build line. Discussion ensued regarding possible fines for violation of the 25’ build lines if adopted by the City Council. Commissioner Perry stated that a $1,000.00 per foot fine would be expensive and garner attention. City Engineer Whisker related that it is stated very clearly on the building permit that the builder is responsible for the placement of the structure on the lot as presented. 1 BOARD OF ADJUSTMENT REGULAR MEETING November 6, 2006 b. Commercial Sign Package Variance at 723 School Drive for Whit Davis Lumber Company Chairman Traylor opened the public hearing at approximately 5:25 p.m. Mr. John Davis explained the need for a sign variance package, saying that the signage is 4’ more than is allowed by City ordinance. He explained that Do It Best Hardware assisted them with the interior and exterior of their Greenbrier store, which he provided a photograph of to the Board of Adjustment Commissioners. He noted that there is signage on the front and south side of the store, explaining that no signage was included for the north side in hopes of future expansion. He stated that they are proposing to have signage on both sides as well as the front of the store located in Jacksonville. In response to a question posed by Commissioner Perry, Mr. Davis answered that the signage ban would be made of tongue and groove metal with plastic lettering. He stated that the signage will be of good quality material and should last longer than the paint that is currently on the building. It was the consensus of the Board that the signage would be an improvement to the building. In response to a question posed by Commissioner Gray, City Engineer Whisker clarified that painted signage directly onto the building does not count towards the total allowable square footage for signage. Chairman Traylor closed the public hearing at approximately 5:30 p.m. Commissioner Gray moved, seconded by Commissioner Perry to approve the variance sign package for Whit Davis Lumber Company as requested at 723 School Drive. MOTION CARRIED. c. Side Yard setback variances at 619 & 625 North First Street Chairman Traylor opened the public hearing at approximately 5:31 p.m. Mr. Jim Green related that 619 & 625 North First Street is located at the corner of Martin and North First Street, explaining that he is proposing to construct a walk from the east rear corner of 625 to 619. He related that the same business occupies the majority of both buildings, explaining that there are many employees that travel back and forth. He stated that he is trying to offer them a covered walkway. He then answered that there is not supposed to be any vehicular traffic, adding that the proposed height is approximately 8’. He noted that the building addressed as 625 is 20’ north of the south lot line, adding that 619 is 1’ off of the common lot line. He stated that there is approximately 20’ between the buildings. City Engineer Whisker stated that the biggest concern would be egress and ingress for the Fire Department, adding that the Fire Marshall has looked at the property and feels comfortable with those issues for those buildings. Commissioner Perry and Chairman Traylor related that employees were 2 BOARD OF ADJUSTMENT REGULAR MEETING November 6, 2006 traveling between buildings when they went to view the property. Mr. Green noted that when the business first began in that location they had three employees but have now grown to 38 employees with the possibility of 40 in the next few months. He explained that the company is a technical facility of engineers and draftsman for a worldwide steel manufacturer. Chairman Traylor closed the public hearing at approximately 5:38 p.m. Commissioner Gray moved, seconded by Commissioner Perry to grant side yard variances for both lots stipulating that ownership of both lots remain under the same ownership. MOTION CARRIED. d. Building line setback variance at Lot 44, Stone Ridge Subdivision Chairman Traylor opened the public hearing at approximately 5:38 p.m. Mr. Bond related that the lot is only 104’ deep, adding that a 35’ setback renders the lot almost unusable. He stated that presuming that the 25’ setback will be adopted soon, then the lots to the east will all be on a 25’ setback. He noted that lot 44 is the smallest lot in the development. Chairman Traylor closed the public hearing at approximately 5:42 p.m. Commissioner Gray moved, seconded by Commissioner Boyd to grant a 25’ building line setback variances for Lot 44, Stone Ridge Subdivision as requested. MOTION CARRIED. e. Rear yard setback variance at 201 Merganzer Drive Chairman Traylor opened the public hearing at approximately 5:43 p.m. Mr. Robert Thurston of 201 Merganzer explained that he would like to add a half garage of 12’ X 20’ facing Red Wing Way. He stated that he needs additional space for storage, explaining that he is currently renting extra storage space for $30.00 per month and has for approximately five years. City Engineer Whisker stated that Mr. Thurston was offered the option of constructing a separate building, but added that Mr. Thurston was most interested in having the building attached to his home. Mr. Thurston stated that he wants to make the new construction look like some of the other homes in the area that have three-car garages. He explained that he has lived there since 1987 and feels it is time to do some updating to the home. In response to a question posed by Chairman Traylor, Mr. Thurston stated that there is a school bus stop under the power lines to the rear of his home. City Engineer Whisker stated that there is a 100’ right-of-way where the power lines are located. 3 BOARD OF ADJUSTMENT REGULAR MEETING November 6, 2006 In response to a question posed by Commissioner Perry, Mr. Thurston answered that the exterior would match the existing construction. He then stated that he would be interested in constructing a new driveway at a later time, adding that he had planned to do the construction in stages. Chairman Traylor closed the public hearing at approximately 5:46 p.m. Commissioner Gray moved, seconded by Commissioner Keaton to grant a rear yard setback variance at 201 Merganzer Drive as requested. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Traylor adjourned the meeting at approximately 5:46 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mike Traylor CITY CLERK – TREASURER 4