08 JAN 14
A G E N D A
BOARD OF ADJUSTMENT
JANUARY 14, 2008
5:30 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting
November 12, 2007 1-2
3. VARIANCE REQUEST(S):
Billboard permit & variance
8507 South Highway 161
Petitioner: Arkansas Memorial
Gardens
Representative: Hurley & Whitwell 3-7
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: January 14, 2008 5:35 p.m. – 5:41 p.m.
ATTENDANCE: Commissioners: Mark Perry, Bart Gray, Jr., Glen
Keaton, Tom Evans, Chairman Brannen, and Acting City
Engineer Whisker were present
_________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and
Chairman Brannen declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Evans moved, seconded
by Commissioner Perry to approve the minutes of the regularly scheduled
Board of Adjustment meeting of November 12, 2007 as presented. MOTION
CARRIED.
VARIANCE(S): Billboard permit & variance
Chairman Brannen opened the public hearing at approximately 5:35 p.m.
Mr. Steve Whitwell informed the Board that he is the owner of the cemetery
property known as Arkansas Memorial Gardens. He noted that the cemetery
backs up to Highway 161, explaining that he had been granted a billboard
height variance from the Board of Adjustment two years ago regarding a
visibility issue because of the height of the bridge.
Discussion ensued regarding the annexation of cemetery property on Hwy.
67/167 and the possibility of a City street being developed along the east
right-of-way of Interstate 440.
Mr. Whitwell explained that if the street is constructed is would most
likely utilize a portion of Arkansas Memorial Gardens’ property, further
explaining that if this billboard is placed 1,000 feet from the existing
billboard it would be directly on the property that would later be utilized
by the City to construct the new street. He related that he is requesting
a 100’ distance variance from the existing billboard making the distance
between the two 900’ instead of 1,000’. He related that this would be the
second billboard, aside from the existing one for Arkansas Memorial
Gardens, and would not violate the four per mile requirement.
Mr. Whitwell then related that he would also request a height variance to
an overall height of 80’, adding that he would need the height variance
to achieve visibility for both sides of the billboard. He then pointed
out that there is a substantial elevation on Hwy. 167.
Discussion ensued regarding additional property owners and the placement
of a frontage road along I-440 to Hwy. 67/167, explaining that the road
would be built in the same proximity of the billboard if placed at the
regulated 1000 feet. He then noted that eventually the road would cross
over Hwy. 67/167 and connect to Municipal Drive at Redmond Road. He stated
that if a TIF district is enacted it would pay for the road development
and is currently a part of the Master Street Plan. He reiterated that the
billboard would need to be moved to provide for road development. He
explained that the Highway Department would need approval from the City
before they would review and approve the request. He then answered that
the billboard would be used to sell advertising space.
In response to a question from chairman Brannen, Mr. Whitwell stated that
1
BOARD OF ADJUSTMENT REGULAR MEETING
January 14, 2008
Waste Management has been notified regarding the proposal to place the
billboard.
Mr. Whitwell stated that he would be willing to offer the City a right-of-way
for the proposed road.
Acting City Engineer Whisker stated that it would not be cost worthy to
relocate the billboard. He explained that billboards are generally kept
when possible to 1,000 feet apart. He stated that the variance would be
for an 80’ height and 900’ distance. He stated that the vertical variance
is 40’. He pointed out that Mr. Whitwell was previously granted a variance
for a separate billboard located on Hwy. 161.
Chairman Brannen closed the public hearing at approximately 5:41 p.m.
Commissioner Gray moved, seconded by Commissioner Perry to grant a
billboard permit with a distance and height variance regarding a billboard
to be located on property addressed as 8507 South Hwy. 161. MOTION CARRIED.
ADJOURNMENT:
Without objection, Chairman Brannen adjourned the meeting at approximately
5:41 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Art Brannen
CITY CLERK – TREASURER
2