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12 FEB 13 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 13, 2012 6:00 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of November 14, 2011 1 3. VARIANCE REQUEST(S): a. Fencing Variance 601 Emma Lane Petitioner: Mr. Jim Greene 2 (additional info included in packet) b. Fencing Variance 304 East Main, 104 North Oak, & 200 South First Street Petitioner: Jacksonville Starter and Alternator 3 c. Fencing Variance 911 West Trickey Petitioner: Mr. Lonnie Ellis 4 d. Sign Variance 815 Marshall Road Petitioner: Joran Rodriguez DDS 5 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 13, 2012 6:00 p.m. – 6:36 p.m. ATTENDANCE: Commissioners: Joe Ott, Alderman Howard, Leroy Akridge and Jon Johnson were present. Chairman Glen Keaton also answered roll call. City Engineer Whisker and Code Enforcement Officer Bill Shelley were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Keaton declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Board of Adjustment meeting of November 14, 2011. MOTION CARRIED. VARIANCE(S): a. Fencing Variance 601 Emma Lane Chairman Keaton opened the public hearing at approximately 6:00 p.m. Alderman Smith spoke on behalf of the petitioner, pointing out that the fence was erected before the adoption of Ordinance 1424 prohibiting barbed wire fencing. He related that Mr. Jim Greene’s property consists of 16 acres with no adjacent homeowners. He added that Mr. Greene erected the fence to keep the deer off his property. He asked the Board to consider a variance, stating that in his opinion this circumstance does not create any safety risk to children. Mr. Greene stated that he has over $100,000 invested in landscaping on his property, explaining that he has lived on the property for six years. He related that two years ago he erected the fence because up to that time, the deer had destroyed his landscaping. He explained that he put the fence on two sides of his property trying to change their migration, adding that he did not think he would be able to keep them totally off the property because of the 4’ fence on the property frontage. He stated that he did not put the barbed wire fence on the two open sides of the property because he did not believe it would have been very aesthetic, placing the fence only on the two wooded sides of his property. He stated that since erecting the fence there has only been one deer on two separate occasions on his property, adding that the fence has done the job of protecting his property. Discussion ensued and City Engineer Whisker informed the Board that the request for a variance is because of the new Ordinance adopted by the City Council that prohibits barbed and razor wire fencing in the City. He went on to explain that the Ordinance directs the Board of Adjustment to be the variance authority and provides for exemptions under three conditions. He related that one condition is for agricultural or property used for livestock, two was based on special needs for safety or security purposes. He then related that part of the stipulations is that the barbed wire or razor wire be above 6’in height. He stated that the Board of Adjustment can exempt the property if it meets the criteria of the Ordinance. He added 1 that the Board may see more cases regarding other areas of town. BOARD OF ADJUSTMENT REGULAR MEETING February 13, 2012 6:00 p.m. – 6:36 p.m. Commissioner Akridge stated that he did not feel there is anything wrong with the request. Commissioner Akridge moved to approve an exemption regarding barbed wire fencing at 601 Emma Lane as requested. Alderman Howard stated that he would like to discuss it further, saying that it would set a bad precedent since the barbed wire is less than 6’ in height. MOTION DIES FOR LACK OF A SECOND. Mr. Greene answered that the chain link fence is 5’ and the barbed wire is close to 6’. Code Enforcement Officer Bill Shelley stated that he measured the fence and it was 5’ with the first strand of barbed wire being at 6’. Alderman Howard stated that it is contrary to the Ordinance, adding that he does not see legally how the Board could grant an exemption based on the conditions stated in the Ordinance. He surmised that the chain link fence would have to be raised to 6’ before having the barbed wire. Discussion ensued as to the intent of condition number 3 under Section Four as outlined in the Ordinance meaning 6’ for the fence or 6’ regarding the lowest strand of barbed wire. City Attorney Bamburg stated that the provision is to ensure that the barbed wire is no lower than 6’. It was clarified with Code Enforcement Officer Shelley that the lowest strand of barbed wire in this case is at 6’. City Engineer Whisker stated that he believes the Ordinance is very specific, calling for the barbed wire to be 6’ or above to provide for child safety. City Attorney Bamburg concurred that the intent is for the safety of children. Mr. Greene then answered that the height of the poles, including the barbed wire strands is 8’; he ensured the Board that he would keep the fence properly maintained. Alderman Howard read under Section Four, conditions 1 through 3: 1) “When located in residential or non-residential districts on sites enclosing a municipal, institutional, or government use or purposes”, 2) When use will be on sites larger than one (1) acre used for agricultural or livestock purposes; or, 3)Approval based on proof of a special need for safety, 2 security purposes, or financial hardship, but only when provided that such BOARD OF ADJUSTMENT REGULAR MEETING February 13, 2012 6:00 p.m. – 6:36 p.m. barbed wire, razor wire, or other sharp pointed materials is securely affixed to the top of a soundly constructed lawful fence or structural barrier no less than six (6) feet in height.” He stated that he is not sure this request fits any of those conditions. Code Enforcement Officer Shelley surmised that the fence was erected to address security issues, noting that anyone wanting to get across the fence would first have to cross City right-of-way. In response to a question from Commissioner Johnson, Mr. Greene stated that there is no other residence in sight from his home. He noted that he has 16 acres and across the street from his house is a 70-acre vacant plot. Commissioner Ott noted that the only place where the fence is visible is adjacent to the “S” curve on West Main Street. Mr. Greene noted that when he erected the fence there was a wooded area between his fence and Main Street, explaining that the fence became visible when the City cut down the wooded area along Main. Discussion ensued as to the exemption that would best fit the request. Commissioner Akridge stated that he felt security would be the best reason for an exemption; Alderman Howard disagreed, saying that the intent would have to be applied liberally for that to be the exemption. Commissioner Akridge restated his motion to approve an exemption regarding barbed wire fencing at 601 Emma Lane as requested to meet all maintenance requirements of the fencing ordinance. Commissioner Ott seconded the motion. MOTION CARRIED with Alderman Howard voting NAY. Chairman Keaton closed the public hearing at approximately 6:44 p.m. b. Fencing Variance 304 East Main, 104 North Oak, and 200 South First Streets Chairman Keaton opened the public hearing at approximately 6:45 p.m. Mr. Dewayne James, owner of Jacksonville Starter and Alternator at 304 East Main Street, noted that his request also includes his properties at 200 South First and a small lot at 104 North Oak. He explained that the secured area is for a police vehicle impound, adding that the fenced area at 304 East Main is for customer vehicles. Chairman Keaton questioned if the violation is a height requirement. Code Enforcement Officer Shelley demonstrated from photographs that the fence is approximately 4’ along the sidewalk area. He cited safety concerns for children walking that way from school. He explained that if the razor 3 wire were moved to the top of the fence it still would not meet the height requirement. BOARD OF ADJUSTMENT REGULAR MEETING February 13, 2012 6:00 p.m. – 6:36 p.m. Commissioner Ott questioned why the razor wire was not installed behind the fence; Mr. James explained that there is a gate that slides down the side of the fence. He then stated that he told the installation company that he did not like the razor wire being hung in that fashion but the fence company said that was the only way it could be installed because of the gate. He offered that if this portion of the fence is a safety concern, he would be willing to remove the razor wire from this section of the fence. Code Enforcement Officer Shelley pointed out that there are other areas of the fence where the razor wire is hanging lower than 6 feet. Commissioner Ott questioned why barbed wire and razor wire is needed. Mr. James responded that it is more of a deterrent regarding security issues. He noted that his other two locations do not have razor wire because they are not used as a police impound. He then answered that he has been in discussion with the fence company regarding extensions to raise the fence and the barbed and razor wire. He concluded saying that it may be that the entire fence would have to be replaced. Discussion ensued regarding the need for security given that it is a police impound lot. Code Enforcement Officer Shelley explained that when the fence was installed the height was correct, but then the City built up the ground when constructing the sidewalk outside the fence and it caused the fence to be no taller than 4’ when standing on the new sidewalk. He noted several locations where this is the case. Alderman Howard moved, seconded by Commissioner Johnson to grant a 90-day extension to bring 304 East Main, 104 North Oak, and 200 South First Streets into compliance with the height requirement. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:25 p.m. c. Fencing Variance 911 West Trickey Lane Mr. Lonnie Ellis related that he is requesting a variance from the newly adopted barbed wire ordinance. Code Enforcement Officer Shelley explained that Mr. Ellis had barbed wire in front of his residence, adding that he also has 80 acres that is barbed wire fenced. He noted that some of the property is adjacent to a trailer park and another residential area. He went on to say with it being 80 acres it would be difficult to put up a privacy fence or a chain link fence. City Engineer Whisker noted that the Ellis family has owned the property 4 for generations. He explained that this property is adjacent to the back road of Dupree Park regarding where Trickey Lane turns into Anna Lane. BOARD OF ADJUSTMENT REGULAR MEETING February 13, 2012 6:00 p.m. – 6:36 p.m. He stated that he feels 90% of Mr. Ellis’ property would fit under the description of agricultural. He related that the portion that does not fit is the part that fronts Trickey Lane where his residence was built. He estimated that it would be approximately 400 plus feet of frontage. He explained that Mr. Ellis had installed the barbed wire fence because people were turning around and rutting his front yard with their vehicles. He stated the issue is for that portion of the property that fronts 911 Trickey Lane. He went on to say that Mr. Ellis is requesting a variance for the entire property, which is zoned agricultural. Discussion ensued and City Engineer Whisker clarified that the barbed wire fence on the front of the property was removed. He added and Mr. Ellis concurred that he is requesting a variance for the rear part of the 80 acres and for in front of his property. Alderman Howard stated that he would not be in favor of the barbed wire fence being on the front part but does not have a problem with the rear being fenced with barbed wire. In response to a question from Commissioner Ott, Mr. Ellis stated that he plans to fence the front of the property with black wrought iron. City Engineer Whisker clarified that it would include the property from the corner post going back to the railroad tracks along Trickey Lane. Commissioner Johnson moved, seconded by Commissioner Akridge to approve the request for an exemption regarding barbed wire fencing at 911 West Trickey for the 80 acres, not to include the property frontage as outlined by City Engineer Whisker. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:33 p.m. d. Sign Variance 815 Marshall Road, Dr. Joran Rodriguez DDS Ms. Joy Brockman represented the item of request. She related that the proposed sign is made by Signtronics; it will be interior lit with a sensor for being lit from dusk to dawn. She explained that it will be 6” wider than the present wooden sign but will be the same height. She stated that it would be mounted into the ground. City Engineer Whisker stated that the variance is for size, noting that the current allowable size is 16 square feet. Alderman Howard moved, seconded by Commissioner Ott to approve a sign variance at 815 Marshall Road as requested. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:35 p.m. 5 BOARD OF ADJUSTMENT REGULAR MEETING February 13, 2012 6:00 p.m. – 6:36 p.m. ADJOURNMENT: Without objection, Chairman Keaton adjourned the meeting at approximately 6:36 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Glen Keaton CITY CLERK – TREASURER 6