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11 OCT 10A G E N D A BOARD OF ADJUSTMENT OCTOBER 10, 2011 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of June 11, 2011 1-2 3. VARIANCE REQUEST(S): a. Billboard Permit Request 1524 West Main Mexico Chiquito’s Property Petitioner: Statewide Outdoor Advertising 3 (photographs included in packet) b. Building line setback variances 510 Ray Road Petitioner: Curtis Harris 4-7 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 10, 2011 6:30 p.m. – 6:57 p.m. ATTENDANCE: Commissioners: Leroy Akridge, Alderman Howard, City Engineer Jay Whisker, and Joe Cummings were present. Acting Chairman Joe Ott also answered roll call. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Cummings declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Commissioner Cummings to approve the minutes of the regularly scheduled Board of Adjustment meeting of June 11, 2011. MOTION CARRIED. VARIANCE(S): a. Billboard Permit Request 1524 West Main Street Mexico Chiquito’s Property Acting Chairman Ott opened the public hearing at approximately 6:31 p.m. Mr. Tom Clemens of Statewide Outdoor Advertising, LLC addressed the request. He introduced his business partner Mr. Smith and then explained that they met with City Engineer Whisker to discuss Jacksonville billboard code and criteria. He noted that the proposed location meets the requirement of 4 billboards within one mile and no closer than 250’ to any other billboard. He related that the proposed location meets all criteria. He pointed out that there are not many locations left in Jacksonville for billboards, adding that the limitation of 4 within a mile limits any available options. He then noted that many other cities stipulate every 1,000 feet. Discussion ensued and Mr. Clemens explained that any wooden framed billboards located in the newly annexed area will have to be replaced with the new type billboards as they fall into disrepair. He then related that the proposed billboard would be welded for strength and the face would be vinyl, adding that it would take a direct hit from a tornado to tear it down. He stated that it would not be shabby construction, and it would not be unsightly. City Engineer Whisker concurred that there are not many locations left for billboards. He stated that the sign ordinance states the Board of Adjustment has approval of billboard permits. He noted that this is only the third or fourth billboard request he has seen in his eleven year tenure with the City. Mr. Clemens related a conversation with Mayor Fletcher regarding the placement of a billboard on I-440 if the City is chosen for the relocation of the State Fair. He then explained that he promised the Mayor that they would sell the City an LED sign at cost if Jacksonville gets the State Fair. He then added that Hwy. 67/167 may have one location left where a billboard could be constructed; otherwise the City does not have any other locations available. BOARD OF ADJUSTMENT REGULAR MEETING October 10, 2011 6:30 p.m. – 6:56 p.m. It was clarified that distance requirements for billboards is 1,000’ to either side and 250’ across the Highway or no more than 4 within 1 mile. It was noted that the proposed location does meet those requirements. Alderman Howard clarified that the closest billboard is the one located directly across the Highway, which is approximately 300’. Commissioner Akridge stated that he feels that the one directly across the Highway is visually too close. He added that he feels it would have a cluttered effect to have them that close straight across the Highway. He stated that he has researched the site on more than one occasion, looking at it from every angle. He related that he did not think it would be aesthetically pleasing in that location. In response to a question from Acting Chairman Ott, Mr. Clemens stated that the only other available location is on the opposite end of town, not anywhere near the downtown area. Commissioner Akridge noted efforts by the City to clean up Jacksonville, adding that a billboard, especially one this large, directly across the Highway from another one would look cluttered. Mr. Smith stated that one consideration is that there are businesses in Jacksonville that want to advertise; to be placed on the billboard. He added that this would help bring revenue to the City. Mr. Clemens pointed out that vehicles traveling through Jacksonville would be aware of restaurants or fuel. He added that it would help the property owner where the billboard would be located, plus it would be informational to the vehicles going up and down the Highway. Mr. Smith then pointed out that advertising on radio and TV are too costly for small business owners. He continued saying that small business owners are returning to advertising on billboards. He then answered Alderman Howard that they plan to lease the location long-term from the property owner. Mr. Smith continued saying that they spend quite a lot on construction and leasing, adding that it is a long-term investment for them. Commissioner Akridge clarified that his objection is the size and location. He stated that it would block the view in the area. He then noted that the billboard would have to be higher than the restaurant sign. Mr. Clemens noted that the billboard could not be more than 45’ according to Jacksonville Code. Mr. Smith then noted that the setback would be a lot further than the restaurant sign, adding that the Code requires a 50’ setback. BOARD OF ADJUSTMENT REGULAR MEETING October 10, 2011 6:30 p.m. – 6:56 p.m. Mr. Clemens stated that in conversations with the owners of Mexico Chiquito, he feels they would welcome the extra revenue from leasing the property. Commissioner Akridge questioned if the adjoining business, State Farm, had been contacted regarding their sentiments about the billboard being located there. Mr. Clemens stated that he had not. Commissioner Akridge continued saying that he would like to know what State Farms thinks about the proposal. Mr. Clemens related that the billboard would have lights that would be lit at night, which would provide extra security for those businesses. In response to a question from Alderman Howard, City Attorney Bamburg clarified that the Ordinance authorizes that approval has to come from the Board of Adjustment. He explained that the Ordinance specifies the minimum criteria to be met. He related that to his understanding, this request satisfies those minimum requirements. He then informed the Board that they have the authority to specify size or structure. He reiterated that the billboard request does meet minimum standards as set forth in the Code. He went on to say that the petitioner is not requesting a variance of size or setbacks. Alderman Howard concurred with Commissioner Akridge that he did not like the idea of the billboard being placed in that location, however he understands it does meets the requirements. Alderman Howard moved to approve a permit for a billboard located at 1524 West Main on the property of Mexico Chiquito as requested. Commissioner Cummings also concurred; that he does not like that location for a billboard, adding that he is aware it meets the minimum requirements. Commissioner Akridge stated that he hates to vote against any request but is truly opposed to this request because he does not believe it would look good in that location. Again, acknowledging efforts to improve the City, he stated that a billboard in this location would not aid in those efforts. Mr. Clemens reminded the Board that this location is the last available location in this area of the City. In response to a question from Commissioner Cummings, Mr. Clemens answered that the lease revenue would go the land owner. Noting that revenues would only go to the business if they are also the land owner. Mr. Clemens reiterated that this is the only location left where a billboard can meet the code requirements. BOARD OF ADJUSTMENT REGULAR MEETING October 10, 2011 6:30 p.m. – 6:56 p.m. With no second to the motion, MOTION DIES. Commissioner Akridge moved, seconded by Commissioner Cummings to deny the request for a billboard located at 1524 West Main on the property of Mexico Chiquito as requested. MOTION CARRIED with Alderman Howard voting NAY. Acting Chairman Ott closed the public hearing at approximately 6:48 p.m. b. Building line setback variance at 510 Ray Road Acting Chairman Ott opened the public hearing at approximately 6:49 p.m. Mr. Curtis Harris explained that he had submitted a house plan of 28’ X 36’, but added that he forgot to include an overhang for the roof. He clarified that he is requesting an 18” variance for the roof overhang. He noted that the lot is small, but added that he feels he can construct a nice looking house. He explained that he intends to brick the front and have the remainder of the house done in siding. He stated that he was given a 29’ X 37’ house plan but it made it a 28’ X 36’, explaining that he needed enough overhang to offer some protection from the weather outside the front door. City Engineer Whisker noted that the property had recently been replatted into two separate lots. He explained that one of the lots is a very small lot, while the other is a fairly deep lot. He stated that this is the smaller lot, and Mr. Harris is having trouble meeting the setback requirements. He noted that it is a corner lot on Ray Road, which has a 25’ setback on the front, side, and rear lot lines. Mr. Harris clarified that after changing the plan to 28’ X 36’ he is still 12” short regarding the overhang. In response to a question from Commissioner Akridge, Mr. Harris stated that he would be constructing two buildings. He explained that he is thinking about putting a 30’ X 30’ building on the long lot, adding that eventually he will build a house on the long lot. He added that currently he is planning to build his daughter a small house. He stated that his daughter is paying $700.00 for rent, adding that she can play less for something she owns. He stated that he has contemplated not putting the second building on the property but instead having a drive that enters the property from the side. He then went on to say that he would love to build a front porch but would be satisfied with the variance for an overhang. Alderman Howard moved, seconded by Commissioner Cummings to approve the setback variance up to 18” regarding a roof overhang. MOTION CARRIED. BOARD OF ADJUSTMENT REGULAR MEETING October 10, 2011 6:30 p.m. – 6:56 p.m. Discussion ensued and Mr. Harris was advised by City Engineer Whisker that in order to construct the 30’ X 30’ building he had mentioned he might build on the longer lot, he would have to come back before the Board of Adjustment to obtain a variance. He explained that the building would exceed the minimum square footage allowable for an accessory building. Acting Chairman Ott closed the public hearing at approximately 6:56 p.m. ADJOURNMENT: Without objection, Acting Chairman Ott adjourned the meeting at approximately 6:57 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Glen Keaton CITY CLERK – TREASURER