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07 FEB 12 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 12, 2007 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting January 8, 2007 1 3. VARIANCE REQUEST(S): a. Front Yard Setback Variance 913 Lessel Drive Petitioner: Frank G. Swift, Jr. (site plan included in packet) 2-9 b. Billboard application 8325 S. Hwy. 161 Petitioner: Stephen Whitwell (photographs included in packet) 10-13 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 12, 2007 6:30 p.m. – 6:59 p.m. ATTENDANCE: Commissioners: Mark Stroud, Bart Gray, Jr., Chairman Brannen, and Representing Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brannen declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Stroud moved, seconded by Commissioner Gray to approve the minutes of the regularly scheduled Board of Adjustment meeting of January 8, 2007 as presented. MOTION CARRIED with Chairman Brannen voting AYE. VARIANCE(S): a. Front Yard Setback Variance 913 Lessel Drive Chairman Brannen opened the public hearing at approximately 6:36 p.m. Chairman Brannen related that the request is to build an addition that would extend 10’ closer to the street. Mr. Frank Swift stated that the addition would extend 6 or 7’ from the existing front porch. Chairman Brannen noted that Mr. Swift has submitted six letters of consent from his neighbors regarding his request for a front yard setback variance. There was no one present to speak in opposition to the request. In response to a question posed by Commissioner Stroud, Mr. Swift answered that the addition would be 10’ closer to the street from the existing main structure of the house, adding that the construction would recreate the shape of the porch only larger as to maintain the architectural integrity of the house. Mr. Swift then answered that the existing porch is 4’ deep with 4 columns, adding that the new addition would be closed. Commissioner Stroud questioned it there was something unique to the property that would preclude the addition being built elsewhere on the property. Mr. Swift stated that because of the layout of the house it is not feasible to relocate the addition. Discussion ensued and it was determined that there is one other property directly across the street that has crossed the front build line, but no one was certain how far over the front build line the addition extends. Commissioner Stroud questioned the nature of hardship associated with the request. Mr. Swift stated that the purpose of the request is to create a wheelchair accessible bathroom, explaining that he has a neurological condition of 20 years that limits his mobility, explaining that he has recently had occasions where he has needed to use a wheelchair. He went on to say that 1 BOARD OF ADJUSTMENT REGULAR MEETING February 12, 2007 6:30 p.m. – 6:59 p.m. he could anticipate that if he stays in the house another 10 or 20 years he will probably need a wheelchair accessible bathroom. Commissioner Stroud expressed concern that if granted it would create a precedence of the same request. Mr. Swift stated that he did not feel approval of the request would create any problems for the neighborhood, pointing out that many of his neighbors had offered letters of consent to the variance. He stated that the front areas of the homes in the neighborhood are spacious enough that it should not create an eyesore or problem for the neighborhood. He added that the neighbors have no objection and that as far as everyone else wanting a variance he believes it would be the province of the Board of Adjustment to screen those requests. Commissioner Stroud stated that the nature of a hardship must be tied to the property, in some way preventing the homeowner from being able to use the property to the fullest extent. Mr. Swift stated that he would not say there is anything peculiar regarding the property, adding that it would be his personal situation of expecting the need for a handicap accessible bathroom. He related that there is no other way to build the bathroom without a variance. He then explained that the bathroom would be approximately 5’ wide but would be long with a roll-in shower at the end. He stated that the attached bedroom would be included in the extension in order to maintain the shape and conformity of the house. Chairman Brannen made the observation that another house may have extended their front porch area, adding that in viewing the neighborhood he does not feel that the addition would hinder in any way. Discussion ensued and Chairman Brannen stated that with the new 25’ front yard setback change he felt there would be more front yard variance requests. Commissioner Gray stated that in his observation it is a very short street, a very nice neighborhood and the neighbors have consented, adding that he feels that it is within the purview of this Board to make exceptions for either personal and/or other reasons that is deemed fit. Commissioner Gray moved to grant the variance as requested. Motion dies for lack of a second. Commissioner Stroud reviewed the checklist to guide approval or denial of a request. He read from the checklist, asking if there is a hardship that is unique to this particular property and answering that it would be no. Asking if the zoning standard denies the owner reasonable use of the property, and answering no. Asking if there is a self-imposing burden to this property, is the applicant responsible for the hardship and answering that he believes that to be so. He then read under the consequence to this property, does the variance create any property to become or continue to be nonconforming to the city’s zoning rules and answering yes. He stated that he did not feel the variance should be granted because it is 10’. 2 BOARD OF ADJUSTMENT REGULAR MEETING February 12, 2007 6:30 p.m. – 6:59 p.m. Commissioner Stroud moved to deny the variance request. Motion dies for lack of a second. Commissioner Gray moved, seconded by Commissioner Stroud to table the request to be reheard at the regularly scheduled meeting in March. MOTION CARRIED with Chairman Brannen voting AYE. Chairman Brannen closed the public hearing at approximately 6:45 p.m. b. Billboard application at 8325 S. Hwy. 161 Chairman Brannen opened the public hearing at approximately 6:47 p.m. Mr. Steve Whitwell introduced Mr. John Riles, stating that they are the principals to owners of the property, lot 5 of the J.J. Kitchens #2 Subdivision. He related that they are proposing to build a billboard that is the same type billboard that they were granted permission to build at the cemetery, the entrance to Memorial Gardens. He stated that it would be a modern steel monopole, double-faced, double-stacked, and illuminated. He stated that the property is appropriately zoned and there is proper distance between the location of the new request and the formerly established billboard. He stated that he feels they have met with all requirements and are requesting approval for the billboard. Mr. Bobby Moss of 8315 S. Hwy 161, stated that he owns the property adjacent to the proposed location of the billboard. He stated that he is in opposition to the request, saying that he does not believe he wants to look at a billboard every morning. He stated that he has lived there since 1958 and it seems like the City is coming to him and he is not enthused. In response to a question posed by Commissioner Stroud, Mr. Moss related that in relation to lot 5 he owns lots 3 and 4. He went on to say that he would not have a problem if the proposed location were to the rear of the property. Mr. Whitwell stated that with respect to the rear property it would be inappropriate for a number of reasons, pointing out that it would still be adjacent to a residence. He stated that with the requirements of the State Highway Department and City the billboard meets those requirements in the proposed location. He then noted that both lots 3 and 4 are commercially operated properties, saying that he believes they are operated as a flea market. He then added that currently lots 1, 2, 3, and 4 are on the market and being marketed as commercial properties. He stated that the master land use of the property is commercial and would not be in line with residential. In response to a question posed by Commissioner Stroud, it was noted that the existing billboard location is visible to the proposed location. Mr. Whitwell explained that between the limitations of the Highway Department regarding signage in the vicinity of the on-off ramps and the 1,000-foot requirement from the City of Jacksonville this would pretty much be the limit to allowable signage in this area. 3 BOARD OF ADJUSTMENT REGULAR MEETING February 12, 2007 6:30 p.m. – 6:59 p.m. Discussion ensued and City Attorney Bamburg clarified that the request is a review by the Board, it was noted that the review of the Board of Adjustment is part of the approval process. In response to a question posed by Commissioner Gray, Representing Engineer for the City Jay Whisker related that the Code states that no billboard shall display more than two advertisements per face, each billboard constructed may have up to two faces. He stated that it also provides measurements of 18’ X 55’, which is 900 plus square feet. He stated that the petitioner has four faces totaling 596’. City Attorney Bamburg clarified that the Ordinance offers a maximum up to the allowable square footage, saying that the Board could determine as they deem appropriate. Representing Engineer Whisker clarified that the proposed signage is 12’ X 24’. Mr. Whitwell related that he had proposed the same signage for the previous request. Discussion ensued regarding limitation for further billboards in the area. Commissioner Gray moved, seconded by Commissioner Stroud to permit the billboard application, meeting all applicable Codes. MOTION CARRIED. Chairman Brannen closed the public hearing at approximately 6:59 p.m. ADJOURNMENT: Without objection, Chairman Brannen adjourned the meeting at approximately 6:59 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Art Brannen CITY CLERK – TREASURER 4