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10 JUL 12 A G E N D A BOARD OF ADJUSTMENT JULY 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 May 10, 2010 1-2 3. VARIANCE REQUEST(S): Vehicle Variance 413 Warren Street Petitioner: Barbara Kaufman 3-4 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 12, 2010 6:30 p.m. – 6:58 p.m. ATTENDANCE: Commissioners: Joe Ott, Art Brannen, City Engineer Jay Whisker, 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 Ott to approve the minutes of the regularly scheduled Board of Adjustment meeting of May 10, 2010. MOTION CARRIED. VARIANCE(S): Vehicle Variances at 413 Warren Street Chairman Young opened the public hearing at approximately 6:31 p.m. Chairman Young noted that the request involves three vehicles at 413 Warren nd Street. He related that the vehicles were cited on June 2 by the Code Enforcement Department. In response to a question from Chairman Young, Code Enforcement Officer Marty Sanady stated that the citation was not the result of a complaint call but explained that he was in the neighborhood for a separate reason when he discovered the violations at 413 Warren Street. He explained that several vehicles were tagged for violation within the neighborhood area nd on June 2. Mrs. Barbara Kaufman stated that she does not believe that the paperwork is a legal and binding agreement, adding that she feels there is a bias involved in the situation. She submitted photographs from around the City regarding Code violations. She continued saying that she is requesting the same consideration that is being offered to other property owners and City employees. In response to a question from Chairman Young, Mrs. Kaufman noted that the citation she received from the City was only signed with a first name “Marty”. She added that she was only offered two business days to address the situation. City Attorney Bamburg clarified that the paperwork is clearly identifiable as being from the City of Jacksonville and is legal. Commissioner Akridge arrived at approximately 6:36 p.m. Mrs. Kaufman cited numerous and varied violations that she feels have not been addressed by Code Enforcement in her area. She noted vehicle violations, parking violations, motor home, and boat violations that she stated have existed for an extended period of time on Warren Street. She then stated that if her vehicles are towed, she would regard that as theft of property. She related that code violations should be equally enforced and not “cherry picked”. She continued to point out various other kinds of violations that she feels are ignored or “cherry picked” by Code Enforcement. She stated her point being that Code Enforcement was not called to her residence for any specific violation but was “cherry picked” by Code Enforcement who did not address other violations on Warren Street. 1 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 12, 2010 Commissioner Ott concurred with Mrs. Kaufman that by her being aware of other violations in her neighborhood, she is knowledgeable of what constitutes a code violation as set forth in the Ordinance. Mrs. Kaufman then answered Commissioner Ott, saying that her point regarding that fact is that enforcement should be across the board and not a “pick and choose” situation. Commissioner Ott related his understanding that Mrs. Kaufman was only one of several residents that were cited for violation that day. Mrs. Kaufman asked what other violations were cited that day on Warren Street. City Attorney Bamburg reminded that Board that the purpose of this meeting is to specifically address Mrs. Kaufman’s variance request. Any requests regarding other complaints and/or violation issues should be addressed through Code Enforcement outside this meeting. City Engineer Whisker stated that Code Enforcement violations are not spread around for common knowledge, informing one neighbor about another neighbor is not an encouraged practice, although the information is subject to FOI. Mrs. Kaufman stated that she can understand that practice but added that nothing has been done regarding other code violations in the neighborhood. She reiterated that if the City is going to enforce the Ordinance it should be enforced across the board. City Engineer Whisker stated if there are specific violations that Mrs. Kaufman would like to have investigated, he would personally look into each one. Chairman Young questioned that if the tires were fixed, would the vehicles move on their own accord. Mrs. Kaufman assured him that the vehicles can be moved. She responded positively regarding mechanical soundness of each vehicle. She then responded that she did not supply the Code Enforcement office with that information because they did not specifically make request. City Attorney Bamburg clarified that the citation specially addresses issues of compliance within the specified time period. He stated that it would be her responsibility to provide information that the vehicles are Code compliant. City Engineer Whisker offered that if the vehicles are in working order and can move forward and backward it would satisfy the issue. Mrs. Kaufman stated that her problem would be the tires, explaining that she had the tires deflated so they could not be so easily stolen. She stated that if the variance is denied she will still need time to get the situation corrected. 2 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 12, 2010 Discussion ensued as to June 2, 2010 being the citation date, allowing her five days to address the issue for compliance if it is her intent to keep the vehicles. She explained that rather than request an administrative extension, she requested a public hearing for a variance as outlined at the bottom of the citation. Chairman Young asked Mrs. Kaufman how much time she would need to get the tires aired and be able to show Code Enforcement that the vehicles are operable. She responded that it would take 120 days. She then answered that one of the tires would need to be replaced, saying that she is an independent contractor and the money is not always there. She added that she is not saying that she can’t have it done before then. Commissioner Ott asked Mrs. Kaufman how long it would take to have the Dodge parked parallel to the driveway instead of at an angle. She answered that it would take 7 days. She stated that the vehicle currently under the carport falls under the “castle rule”. City Engineer Whisker remarked that it appears the tires on the Dodge are aired up, questioning if the vehicle runs. Mrs. Kaufman stated that it does run. Commissioner Brannen asked if all three vehicles could be cranked, she responded that two would crank but she does not have a key for one of the vehicles. She stated that she would get a key within that period of time. Mrs. Kaufman then answered that the vehicle under tarp is operational, adding that she could “find a new home” for that vehicle. City Engineer Whisker stated that if the vehicle is operation she is welcome to keep the car where it is. He clarified that if the vehicles can move forward and backwards it meets compliance. He answered that his staff would be happy to meet with Mrs. Kaufman to see that the vehicles are operational. Commissioner Ott stated that if the Dodge is operational and the tires could be aired up then it should be able to be moved parallel to the driveway, adding that it should not take 120 days to bring this car into compliance. Mrs. Kaufman agreed but added that she would need additional time to get the battery in and top off the radiator. She then answered that the battery is sitting in the front seat of the car, adding that it just needs to be put into the motor. Commissioner Ott clarified that technically the vehicle is not currently operational. He then questioned if the vehicle under the tarp could be cranked now. She stated that it could. He then clarified with Mrs. Kaufman that the vehicle under the carport is the vehicle she is requesting a 3 month extension for tires. She explained that because she is an independent contractor, money is not received regularly. She added that it takes anyway from three weeks to three months for her to be paid for jobs. nd Commission Akridge noted that she has had since June 2 but has not made any effort to address the situation. 3 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 12, 2010 Mrs. Kaufman replied that she has not been able to because of her own schedule. She continued saying that she has health issues, adding that recently she suffered back issues as well as shoulder problems. She stated that it is difficult for her to put the battery in when she is in pain. Commissioner Ott questioned if in three weeks the vehicles not under the carport could be in compliance and be re-inspected, while showing progress regarding the third vehicle. Mrs. Kaufman stated that she would be able to do that. Discussion ensued regarding the vehicle that is parked perpendicular to the driveway. Mrs. Kaufman stated that she had the vehicle parked that way to block anyone from being able to take the vehicle from under the carport. She then answered that if it were parked differently it would make it easier to move the Dodge to get to the Vet. She added that she can move the Dodge. She then questioned if the “castle rule” exempts the car parked under the carport. City Attorney Bamburg clarified that the vehicle would have to be inside an enclosed structure. She asked if she could hang tarps to block the view. City Attorney Bamburg stated that tarps would not be in compliance because it is not a structural circumstance. She then questioned if blinds would be considered out of code. City Engineer Whisker offered specifics, saying that the neighbor across the Street from Mrs. Kaufman has tarps and blinds blocking the carport view, explaining that this resident is in the process of cleaning out the carport and has requested time to be allowed to complete that task. He offered that currently the blinds look better than what is behind them. He stated that he has been given time to get the carport into compliance and then he must take down the blinds. Mrs. Kaufman stated that resident has also placed a blue tarp on his fence to obstruct view of the items in back. City Engineer Whisker stated that he has permission to do that in the process of coming into compliance. Commissioner Brannen moved, seconded by Commissioner Ott to grant a vehicle variance at 413 Warren Street for sixty (60) days beginning July 12, 2010 to bring all vehicles into compliance, and three weeks to bring the two vehicles not parked underneath the carport into compliance. MOTION CARRIED. Chairman Young requested a progress status report at the next regularly scheduled Board of Adjustment meeting. Discussion ensued as to the avenues available for Mrs. Kaufman to report 4 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 12, 2010 other code violations that she feels is not being addressed fairly through the Code Enforcement Department. She added that she would like to make it a matter of record that she feels City employees should not be exempt from the Ordinances and feels that the Ordinances are not being enforced across the board. Chairman Young informed Mrs. Kaufman that any concerns of that nature could be addressed with City Engineer Whisker. Chairman Young closed the public hearing at approximately 6:58 p.m. ADJOURNMENT: Without objection, Chairman Young adjourned the meeting at approximately 6:58 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Chad Young CITY CLERK – TREASURER 5