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10 APR 12 A G E N D A BOARD OF ADJUSTMENT APRIL 12, 2010 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting August 10, 2009 1-3 3. VARIANCE REQUEST(S): Vehicle Variance 417 Braden Street Petitioner: Lawrence James 4-7 (photographs in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 12, 2010 6:30 p.m. – 6:47 p.m. ATTENDANCE: Commissioners: Joe Ott, Art Brannen, Leroy Akridge, Code Enforcement Officer Manny Browder, and Chairman Chad Young 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 Brannen moved, seconded by Commissioner Akridge to approve the minutes of the regularly scheduled Board of Adjustment meeting of August 10, 2009. MOTION CARRIED. VARIANCE(S): Vehicle variance at 417 Braden Street Chairman Young opened the public hearing at approximately 6:30 p.m. Code Enforcement Officer Browder informed the Board that he had received a complaint regarding vehicles at 417 Braden Street; he noted that photographs had been supplied in Commissioner packets. He explained that he visited the property on March 4, 2010 and tagged the vehicles that were on the property. He stated that Mr. James then called the office and he explained the procedure for Mr. James to meet with the Board of Adjustment for a variance. Chairman Young clarified with Code Enforcement Officer Browder that by City ordinance vehicles parked at residences have to be operational. Code Enforcement Officer Browder stated that if the vehicles are operational and can move two feet forward and backward of their own power then the matter would be closed. He then answered that Mr. James has not proven that the vehicles are operational. Petitioner Mr. Lawrence James acknowledged that the cars have been parked for a long time, but added that he does pay the taxes on them. He noted that he has owned one of the vehicles for over 50 years, adding that it has sentimental value for him. He stated that the vehicles do run, but it is a matter of him getting them cranked, adding that they need brakes to get them road worthy. He stated that he would not like to have the vehicles towed away, asking the Board to grant him a little more time. He then answered Chairman Young that his long-term plan is to give the cars to his grandchildren when he is “no longer around”. He said that the cars are not junk to him. Commissioner Brannen asked Mr. James if he had considered storing the vehicles. Mr. James related that he can get the cars running, and plans to have them painted. He explained that last year he had difficulties with a mechanic who quoted him two weeks and $1,500.00 to get one of the cars running but it ended up taking six months and costs almost $4,000.00. He stated that since that experience, he is trying to do some of the work himself. Commissioner Brannen offered that after some research he was able to find storage facilities large enough for vehicles. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 12, 2010 6:30 p.m. – 6:47 p.m. Mr. James stated that if the Board makes him move his cars, he has a place to take them, but would prefer to be able to work on them at his home if the Board would grant him a little more time. Discussion ensued and it was clarified that even a vehicle parked within a carport has to be operational. City Attorney Bamburg added that only if the vehicle is within an enclosed area such as a garage would it be exempt from City ordinance. He explained that carports are visible from the street. Chairman Young noted that the petitioner has three vehicles; one is parked under the carport. Discussion ensued as to any past violations regarding vehicles at this address. Mr. James answered that the only other time there was ever a concern was a very long time ago, but it was not a problem. It was discussed that a tarp over the vehicles would not be considered a permanent solution. City Attorney Bamburg clarified that once Code Enforcement has addressed a situation there would need to be a variance or the vehicles need to be made operational within the designated time period. He explained that the Board has the option to grant additional time in order to bring the vehicles into compliance. He added that during that time frame progress must be identifiable. Chairman Young stated that the ordinance is intended to keep neighborhoods from falling prey to vehicle situations of becoming an eyesore within the community. He added that the Board also wants to be sensitive to each person’s right to own vehicles and be able to restore them. Mr. James stated that he has lived at that address for 25 years and some may think they are an eyesore, adding that he does intend to address that situation. He stated that he would be willing to do what needs to be done. He offered that currently he is more financially able to pay to have them fixed. Discussion ensued regarding a previous petitioner who had been allowed to put his vehicle in his back yard while work was being performed on the vehicle. Code Enforcement Officer Browder stated that the new ordinance discourages the practice of storing vehicles in the back yard. Mr. James stated that he would not want to move the vehicles to his back yard, adding that he is able to repair the vehicles in their present location. He then answered that his ultimate goal would be to fully restore the vehicles. Commissioner Ott pointed out that Mr. James’ neighbors may not feel that the vehicles are an eyesore if they are painted. Mr. James asked the Board for whatever time they would be willing to grant, acknowledging that it would require a lot of work to get all the vehicles MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 12, 2010 6:30 p.m. – 6:47 p.m. running. He related that a neighbor has offered to help him with the work. He stated that he would work on each car consecutively to get them cranked and then road worthy. He related that he is unable to assess a timeframe for being able to fix the vehicles. He reiterated that he will move the cars if the Board does not grant additional time, but he does not feel that his cars are an eyesore. Chairman Young suggested that Mr. James be allotted 3 months, offering 1 month per vehicle. Mr. James interjected that he would be very pleased with a 3 month extension, adding that he feels he could have it accomplished in that timeframe. He stated that this extension would help him out greatly. Commissioner Brannen stated that personally he would like to see two of the vehicles put into storage while the third vehicle remains at the residence to be worked on. Mr. James reiterated that he did not want to have to move his vehicles, pleading with the Board for an extension and the opportunity to address the situation. He noted the expense of having to pay for wrecker service and storage fees if the vehicles have to be removed from the property. Chairman Young noted precedence with allowing other residents additional time to bring vehicles into compliance. He offered that if the situation is not compliant in 3 months then the vehicles would need to be removed from the property. Mr. James guaranteed the Board that he would have all three vehicles running in 3 months. Chairman Young reminded Mr. James that the intent of the ordinance is to keep neighborhoods aesthetically pleasing for everyone. Commissioner Ott agreed to a 3 month extension, saying that progress checks could be made by Code Enforcement. Mr. James assured the Board that some progress has been made since being cited for the violation. Commissioner Ott moved, seconded by Commissioner Akridge to grant a three month extension to Mr. Lawrence James regarding a vehicle variance at 417 Braden Street, stipulating that Code Enforcement perform a 2 month and 3 month progress check and forward that report to the Board of Adjustment. MOTION CARRIED. Chairman Young closed the public hearing at approximately 6:47 p.m. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 12, 2010 6:30 p.m. – 6:47 p.m. ADJOURNMENT: Without objection, Chairman Young adjourned the meeting at approximately 6:47 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Chad Young CITY CLERK – TREASURER