12 JUL 09A G E N D A
BOARD OF ADJUSTMENT
JULY 9, 2012
6:30 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Special Called Meeting
of June 11, 2012 1- 2
3. VARIANCE REQUEST(S):
a. Rear Yard Setback Variance
301Forest Glen Cove
Petitioner: Eugene Carter 3-4
b. Off-premise and maximum
square footage sign variance
401 North First Street
Petitioner: First Baptist Church 5-12
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: July 9, 2012 6:40 p.m. – 6:53 p.m.
ATTENDANCE: Commissioners: Alderman Howard, Jim Moore,
Jim Peacock, Jr., and Leroy Akridge were present.
Chairman Joe Ott was absent.
City Engineer Whisker and City Attorney Bamburg
were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Howard declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Akridge moved, seconded by Commissioner Peacock to approve the minutes of the regularly scheduled Board of Adjustment meeting of June 11, 2012 as presented. MOTION CARRIED.
VARIANCE(S): a. REAR YARD SETBACK VARIANCE 301 Forest Glen Cove
Acting Chairman Howard opened the public hearing at approximately 6:40 p.m.
Mr. Eugene Carter explained that he is proposing to extend his existing patio 20’, which would be closer to the rear yard easement than allowed. He surmised that the corner of the patio
would be approximately 12’ off from the easement. He related that 10’ from the corner part to the easement would be uncovered while the remainder would be covered, approximately 16’
wide.
Discussion ensued and it was determined that the easement was for utilities, and City Engineer Whisker stated that the main utility would be sewer.
He then noted that the patio is an encroachment into the 25’ rear yard setback.
Commissioner Moore noted that the utilities are in the bottom corner and the property adjacent to the rear is all wooded with no residences.
Mr. Carter then answered that he called 811 to have the utilities marked.
City Engineer Whisker related that this residence is in the newest phase and any subsequent phase would be aware of the patio extension before building. He then answered that there should
not be a problem if a track hoe had to access the easement. He noted that there is usually 5’ on either side of the easement.
Commissioner Akridge moved, seconded by Commissioner Peacock to approve the rear yard setback variance as requested. MOTION CARRIED.
Acting Chairman Howard closed the public hearing at approximately 6:44 p.m.
b. OFF-PREMISE and MAXIMUM SQUARE FOOTAGE SIGN VARIANCE First Baptist Church at 401 N. First Street
Acting Chairman Howard opened the public hearing at approximately 6:45 p.m.
BOARD OF ADJUSTMENT REGULAR MEETING
July 9, 2012 6:33 p.m. – 6:46 p.m.
Mr. Dan Broughton requested a variance regarding several of the sign classification codes, mentioning signage for advertising as a message board for the church and for one that operates
as commercial advertising. He further mentioned the code regarding religious, charitable, educational, or special events that could be added to the message board. He then referenced
codes for a commercial zoned C-2 shopping center sign. He related that he is requesting a variance because the question of having commercial advertising on the church sign was discussed.
He went on to say that it is not certain they would have that type of advertising but the church felt that if it ever came up they would already have the variance in place. He went
on to say that they are also requesting a variance regarding the maximum allowable size.
City Engineer Whisker stated that the maximum allowable size for a church sign is 32 square feet in a commercial area. He added that the Church is asking for a sign of 6’ X 12’, which
is 72 square feet. He noted several other churches that have larger than 32 square foot signage, adding that there is a proposal to change the current maximum square footage for church
signage by ordinance.
Mr. Broughton explained that the sign would have full color on both sides and have dimming capabilities for daylight and nighttime brightness.
City Engineer Whisker advised that the current ordinance prohibits lighted signage to be a distraction for drivers.
In response to a question from Acting Chairman Howard, Mr. Broughton stated that the current proposed price is approximately $48,000.00. He stated that last year a different sign company
had quoted $69,000.00, so they feel they are getting a good deal, adding that the sign company is an American company. He then added that the sign company is properly licensed, noting
that this company also did the signage for the Cornerstone Church in Sherwood as well as the Benton High School sign. He noted that they would get a five-year warranty on labor and
parts. He explained that the signage has wireless capabilities and they already have 220 volt power to the site. He related that the exact design has not been chosen but they were
discussing the façade matching the gable end of the Church.
In response to a question from Commissioner Moore, City Engineer Whisker clarified that the newly proposed sign code would stipulate that all electronic signage would be reviewed by
the Board of Adjustment. He went on to say that it would offer the Board of Adjustment options regarding the nature of advertisements being either on-site or off-premise commercial
advertisements. He pointed out that this type of signage and advertisement is the growing trend regarding technology.
Commissioner Akridge moved, seconded by Commissioner Peacock to approve the sign variance as requested. MOTION CARRIED.
BOARD OF ADJUSTMENT REGULAR MEETING
July 9, 2012 6:33 p.m. – 6:46 p.m.
Acting Chairman Howard closed the public hearing at approximately 6:53 p.m.
ADJOURNMENT:
Without objection, Acting Chairman Howard adjourned the meeting at approximately 6:53 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Joe Ott
CITY CLERK – TREASURER