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09 JUN 08 cancelled Meeting cancelled item withdrawn A G E N D A BOARD OF ADJUSTMENT JUNE 8, 2009 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting May 11, 2009 1- 3. VARIANCE REQUEST(S): Building line setback variances 1300 North James Street Lot 1, Penn’s Replat James Manor Development Petitioner: Mr. Dickie Penn ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 9, 2009 6:30 p.m. – 6:40 p.m. ATTENDANCE: Commissioners: Bart Gray, Jr., Mark Perry, Glen Keaton, Chairman Chad Young, and City Planner Chip McCulley were present _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Young declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, seconded by Commissioner Keaton to approve the minutes of the regularly scheduled Board of Adjustment meeting of December 8, 2008. MOTION CARRIED. VARIANCE(S): a. Vehicle variance at 1203 Liberty Drive Chairman Young opened the public hearing at approximately 6:31 p.m. Mr. Ester Jackson noted that the Sebring parked in the driveway only had a flat tire, which has been fixed. He stated that his variance request would be for the two 1955 Chevrolets. He explained that he is in the process of restoring one of the 1955 Chevrolets, which was his first car that he drove in high school and college. He stated that because of the economic times he has slowed down on the restoration, explaining that he has the vehicle on a trailer so that it can be moved at will. He then explained that the other 1955 Chevrolet was purchased for parts regarding the restoration. He informed the Board that several other vehicles that had been a concern for Code Enforcement were operable vehicles, reiterating that he is asking for a variance for the two 1955 Chevrolets because all of the other vehicles are operable. He stated that he does drive those operable vehicles. He stated that in his letter to the Board he had requested an extension of eight months. In response to a question posed by Chairman Young, Mr. Jackson answered that the Sebring belongs to his son, who is in college. He then stated that the remainder of vehicles are operable and he drives those vehicles. He stated that he does not feel that those cars should be an issue for the Board because his understanding is that the vehicle must be able to move on it own power. City Planner McCulley pointed out that Mr. Jackson was previously contacted on January 24, 2008 and now February 11, 2009 for non-complying conditions. He related that Mr. Jackson did considerable cleanup of the debris last year, however many of the vehicles that were photographed last year are still on the property this year. He noted that Mr. Jackson had brought the cars into compliance, explaining that to be in compliance the vehicles have to be able to move on their own power forward and backward, had to have air in the tires, and a complete body. He 1 BOARD OF ADJUSTMENT REGULAR MEETING March 9, 2009 related in 2008 Mr. Jackson did correct those conditions, saying that he was in the process of restoring the two 1955 Chevrolets. He then pointed out that in February the Code Enforcement Officers observed cars in the yard that had flats and a couple of Mercedes that were on raised jacks, which is why Code Enforcement notified Mr. Jackson with the letter dated February 11, 2009 regarding non-complying issues. He stated that through that process, Mr. Jackson was informed that he could seek a variance from the Board regarding any issues of non-compliance beyond the request to comply date. He related that in order for Mr. Jackson’s vehicles to be in compliance, City staff would have to witness them moving forward and backward on their own power. He then added that he understands Mr. Jackson was trying to do the right thing by moving the cars from the back yard, but now being parked along the street right-of-way is a worse situation. He related that cars tagged for being parked in the street right-of-way are towed after 24 hours. He pointed out that if the cars are in compliance and can move on their own power they have to be parked on the private property. He stated that he feels this is a routine of the cars being brought into compliance and then falling out of compliance. He stated that as a residential neighborhood, cars moving onto and off the property become a blight consideration. Chairman Young inventoried that there are two Mercedes, two antique Chevrolets, one Tahoe, one Suburban, one Monte Carlo, one Sebring, a boat in the back yard, and two trailers with BBQ grills. He questioned if the Code addresses the number of vehicles allowed per residential dwelling. It was clarified that the number of vehicles is not addressed by Code; being operable is the Code issue. City Attorney Bamburg clarified that placement is a factor but being operational is the major issue. Commissioner Gray commented that he had viewed the property and counted as many as eight or nine cars at the property. He related that, subjectively, he could understand why a neighbor might have concern regarding unsightly conditions given the number of vehicles, and platforms that Mr. Jackson keeps on his property. Commissioner Perry questioned Mr. Jackson of his plans for the 1955 Chevrolet that he is using for parts once the parts are removed. Mr. Jackson stated that he plans to take the bumpers off for the vehicle he is restoring, saying that he then plans to sell the parts car. He then answered that he is restoring the 1955 Chevrolet to keep - not to sell, adding that he might move it to the garage. He stated that he did not understand the Board’s objections, inquiring if it is to the number of cars or appearance of the cars. 2 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 9, 2009 Commissioner Gray related that there are five cars in the front of the house; two that are parked on the street, two in the driveway, and one in the yard next to a BBQ trailer. He stated that not statistically or objectively but in his opinion, the situation is unsightly. He reiterated that this is only his personal opinion. Mr. Jackson stated that the vehicles that are being counted as parked in the right-of-way are actually in a part of his yard. He continued saying that up and down the street there are cars that are actually parked in the street. He stated that he pays insurance on each of the cars and some of them have notes, adding that he drives some more than others. He stated that he does not see where that would be an issue, saying that everyone has their own preferences. He stated that if there is a law regarding how many cars he can have then he would adhere to the law, adding that he does not see the number of cars being an issue as long as they are operable. He stated that regarding the letter from Code Enforcement dated January of last year; he had complied with requests from Code Enforcement. He stated that he had called regarding that request to determine if there was anything else he needed to do and was told by Code Enforcement that everything was ok. Commissioner Perry identified the situation as a possible reoccurring problem. Mr. Jackson noted that in January of last year his 1955 Chevrolets were not an issue. He continued that Code Enforcement had instructed him that he needed to provide a letter showing that he was having work performed on the 1955 Chevrolets and that would be satisfactory. He continued saying that when he spoke to Code Enforcement this year, they informed him that the vehicles must show continuous restoration. He stated that Code Enforcement has been to his home many times and he has demonstrated that the cars move forward and backward on their own accord. He stated that with regard to the letter this year, he had called to communicate with Code Enforcement, explaining that he had been out of town and did not have time to do anything. He then noted that he did comply by airing up the tires. City Planner McCulley explained that he had contacted Mr. Jackson regarding a time when he could accompany Code Enforcement to his home to determine if the vehicles could move on their own accord, stating that at that time Mr. Jackson informed him that he still needed to get the tires fixed and have batteries either replaced or moved around in order for the cars to move on their own accord. He related that subsequently they were not able to confirm before the deadline, at which time, Mr. Jackson scheduled a hearing before the Board. He related that he had advised Mr. Jackson that the cars have to stay in compliance. He stated that if the cars are driven occasionally, the batteries and tires will remain functional. He stated that the problem is that the cars keep falling into noncompliance. 3 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 9, 2009 Mr. Jackson retorted that when he had spoken with City Planner McCulley before scheduling a Board hearing, he had reasoned that since it is his desire to comply with regulations he does not feel that a hearing before the Board is necessary. He stated that he was willing to work together to resolve the issues, adding that he was told that the hearing would be necessary. City Planner McCulley explained that he would like to have been able to see the cars move of their own accord, adding that if a petitioner chooses to go before the Board after a citation is issued, then all forward action from Code Enforcement ceases pending Board outcome. Commissioner Gray commented that because of the number of vehicles, it might appear as if car parts for resale might be occurring. Mr. Jackson stated that he is not selling car parts, noting that the cars mentioned in the letter last year are the same cars he has this year. Commissioner Gray suggested that Mr. Jackson store the vehicles that are not being actively worked on, adding that while he is not telling Mr. Jackson what to do with his vehicles, he is only suggesting that perhaps Mr. Jackson is not able to do all the work at once. In the meantime, it might be better to have them stored at a different location until such time as restoration work can resume. Mr. Jackson related that he had the 1955 Chevrolet stored at another location where it was stolen, but was finally able with the police’s help to recover his vehicle. In response to a question posed by Commissioner Perry, Mr. Jackson answered that he had been working on the 1955 Chevrolet for the last 6 years. Chairman Young stated that the Board wants to be fair, recognizing that there is a plethora of cars on the property, and noting that most residences have two, three or four but this “quite a collection.” Commissioner Gray asked Mr. Jackson what he specifically anticipates regarding the time being requested. Mr. Jackson stated that he would use the time period to have a new engine and transmission put into the Chevrolet that is on the trailer, have the interior done, and have the bumpers re-chromed with all the chrome plates back onto the Chevrolet, saying that he would have it pretty much back in its original condition. Mr. Jackson then answered that the Chevrolet that he is going to take the bumpers from is going to be removed from the property and sold. He then answered that the Monte Carlo runs, saying that it moves backward and forward. He asked exactly what the issue is, questioning if it is the number 4 of cars. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 9, 2009 Commissioner Perry related that the issue continues that the vehicles have flats and appear to be inoperable. City Planner McCulley stated that he and/or Code Enforcement would need to actually witness the cars moving on their own power. Commissioner Perry offered that he feels the same as Commissioner Gray, that the Board wants to ensure that this is not repeated again next year. He noted other conditions with debris and tires being in the yard. He related that he would be willing to work with Mr. Jackson, offering him an extension to work on the 1955 Chevrolet, but cautioned that with oncoming good weather he feels the repairs could be completed before next winter. Commissioner Gray suggested that necessary parts be removed from the parts Chevrolet quickly and then have the car removed from the property. Commissioner Perry noted that if repairs have been ongoing for 6 years, the time has come to conclude the project. Mr. Jackson pointed out that the vehicle would be on the trailer but would be on and off the property at different times regarding work being performed off site. The Board concurred that such action would not be an issue for citation. Commissioner Perry moved to grant a five (5) month vehicle extension for the two 1955 Chevrolets located at 1203 Liberty Drive. Commissioner Perry expressed his hope that Mr. Jackson maintains his property so as not to have to come back before the Board. Commissioner Gray stated that he felt five months was too generous regarding an allocable time. Commissioner Keaton seconded the motion. Commissioner Gray voted NAY. MOTION CARRIED with Chairman Young voting AYE. Chairman Young closed the public hearing at approximately 7:09 p.m. b. Maximum square footage variance for an accessory building at 4008 Rope Trail Chairman Young opened the public hearing at approximately 7:10 p.m. Mr. Jerry Bryan stated that he is proposing to build a workshop in his back yard. He related that the building would be 33’ X 30’; he then demonstrated on his plot plan the location of the proposed workshop. He explained that 5 his house is on a corner lot, and reviewed placement of the building, noting that one side would be 10’ off the property line. He then noted that a new sewer line was constructed outside his fence, requesting to build 8’ instead of 10’ from the sewer line. He related that the existing slab is currently 8’. He stated that if it is not granted he would have to breakup part of the slab. He then answered that he would take down the existing accessory building and that the new building would match the exterior of the residence with a cable roof. In response to a question posed by Commissioner Gray, Mr. Bryan stated that placement of the building would be behind the 35’ line directed on Mesquite Trail so as not to stick out beyond the front yard setback line on Mesquite Trail. He stated that the measurement would be approximately 38’ from Mesquite Trail. City Planner McCulley answered that there were no objections from the neighborhood. Commissioner Gray moved, seconded by Commissioner Keaton to approve a maximum square footage variance and placement for an accessory building at 4008 Rope Trail. MOTION CARRIED. Chairman Young closed the public hearing at approximately 7:15 p.m. ADJOURNMENT: Without objection, Chairman Young adjourned the meeting at approximately 7:15 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Chad Young CITY CLERK – TREASURER 6