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15 JUL 13 A G E N D A BOARD OF ADJUSTMENT JULY 13, 2015 6:30 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of May 11, 2015 1-3 3. VARIANCE REQUEST(S): Appeal Request 608 North 1st Street Petitioner: Jay Hudson Representative: Hubert Alexander 4-5 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 13, 2015 6:30 p.m. – 7:11 p.m. ATTENDANCE: Commissioners: Vergil Healey, Art Brannen, Rick White, Alderman Howard and Chairman Moore were present. City Attorney Bamburg and City Engineer Whisker were also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Moore declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Commissioner White to approve the regularly scheduled meeting minutes of May 11, 2015. MOTION CARRIED. VARIANCE(S): Appeal Request 608 North First Street Chairman Moore opened the public hearing at approximately 6:31 p.m. Petitioner representative Mr. Hubert Alexander for Mr. Jay Hudson stated that after his client received a letter from Code Enforcement, he met with Code Enforcement Officer Charlie Jenkins to request additional time for Mr. Hudson to correct the violation. He stated that after personally viewing the property, he filed an appeal on behalf of Mr. Hudson. Mr. Jay Hudson acknowledged that he has open storage in his back yard, explaining that some of it would be salvaged, explaining items were brought in when his father died, and then some came when his friend died. He stated that he is working to get it cleared out along the way. He mentioned building material that is in the back yard, which would be used to replace some of the windows. He related personal issue regarding child care and custody for the last two years, which took up most of his time. He then explained that he is now at a point where he can devote more time to address the open storage. He stated that currently he is struggling financially and is requesting additional time to get caught up because he is unable to afford to hire anyone to come in and do what needs to be done. He added that he is still trying to sort through stuff resulting from the two deaths he has had to deal with, pointing out that early in the spring the rain prevented him from being able to get anything done. He then stated that since Splash Zone rebuilt the pool, along with the spring weather a portion of his yard is constantly too soggy to be able to work in. He related that he has tried to be compliant and has been dealing with Code Enforcement Officer Jenkins regarding his bushes, adding that he does not understand why his bushes are an issue, he has tried to keep them cut back. He then noted that there are two pieces of property that adjoins his property that has not been touched as far as maintenance. He stated that his property is kind of secluded; pointing out that he has almost 2 acres. He added that he does not understand why the back yard is such a problem when it is not viewable to the public. Attorney Alexander concurred, noting that the hedges on the right side of the property have grown up high to screen the view of two basketball courts built by the City. He added that Mr. Hudson was not consulted regarding his feelings when the City decided to build basketball courts there. He pointed out that Mr. Hudson’s property is not an eyesore from the street. He questioned if the backyard is the concern, who is it a nuisance to? MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 13, 2015 6:30 p.m. – 7:11 p.m. He argued that the only unsightliness is the basketball courts and the swimming pool which overlook Mr. Hudson’s backyard. He stated that the City’s construction regarding Splash Zone has been a nuisance to Mr. Hudson. He related he had asked Mr. Jenkins for additional time to correct any concerns by the City but Mr. Jenkins stated that “his back is up against the wall”. Code Enforcement Charlie Jenkins offered Mr. Alexander a copy of the ongoing file regarding Mr. Hudson’s property. Mr. Alexander remarked that he would have liked to have had the file prior to the meeting. City Attorney Bamburg reviewed the file regarding Officer Jenkins’ contact with Mr. Hudson and the complaints regarding the property. He noted that each of the photographs are dated. He noted that the first series of photographs are dated 06/12/2015 and depict the conditions that existed on that date. He explained on that date Officer Jenkins talked with Mr. Hudson regarding the overgrown vegetation, piles of debris, and open storage. He related that on the 16th Officer Jenkins sent Mr. Hudson a notice regarding the property and a copy is in the file. He stated that Officer Jenkins went back to the property this morning and took another set of photographs that show the current condition of the property, noting a number of continuing violations on the property. City Attorney Bamburg clarified that he is citing the conditions of open storage throughout the property. He stated that Municipal Code § 8.08.020 has provisions regarding open storage and a copy has been provided in the file. He referenced the letter dated June 16th that specifically identifies the violation of open storage as part of the problem and a request to abate the condition within 7 days. He explained that the abatement did not occur and Mr. Hudson through Mr. Alexander’s office requested a variance which was forwarded to the Board on the 26th of June. Officer Charlie Jenkins stated that on June 10th, he received a complaint from Splash Zone regarding snakes being found in the pool and a request to contact Mr. Hudson to have him clean up the property. He related on June 12th, he went to Mr. Hudson’s property and identified overgrown vegetation, large piles of junk and debris stored in the open. He surmised that the junk and debris appeared it had been there for quite some time, making conditions conducive to snake and rodent harborage. He continued saying that he took photographs of the property and then on June 16th, he sent a notice of public nuisance to Mr. Hudson, advising he had a compliance date of June 26th. He added he also advised Mr. Hudson that he had a right to appeal to the Board of Adjustment. He stated that he heard nothing from Mr. Hudson, but was later informed on June 29th that Mr. Hudson had appealed to the Board of Adjustment. He referenced the photographs taken on June 12th, pointing out the open storage of an appliance and overgrown vegetation. He then explained that he had spoken with Mr. Hudson approximately one year ago to correct conditions, which was never done. He noted other plies of junk and debris that is haphazardly stored with a meandering path through the property. He then noted a vehicle stored in the back that is presumably inoperable. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 13, 2015 6:30 p.m. – 7:11 p.m. In response to a question from Chairman Moore, Officer Jenkins stated the vehicle was still present when he visited the property today. He concurred with Chairman Moore that the vehicle has no license. He then cited the photographs dated July 13th which shows little if any progress that has been done to the property, adding that it appears additional items have been added to the property. He then answered that he is aware of at least two storage buildings located on the property, he pointed out there is a carport that also has open storage. Mr. Alexander confirmed with Officer Jenkins that they met at Mr. Alexander’s office, following Mr. Hudson’s notification to discuss the matter. Officer Jenkins confirmed that Mr. Alexander had requested additional time for his client to address the issue. He then concurred with Mr. Alexander that he had responded to that request by saying that “his back was against the wall” and he could not offer Mr. Hudson any more additional time. Mr. Alexander stated that he is aware in other cities that months have been given for a property owner to clean up their property. He noted that it appears that the first action taken by Code Enforcement was regarding the snakes in the swimming pool at Splash Zone; asking if any snakes or rodents have been found on his client’s property? Officer Jenkins replied that he had not looked for snakes or rodents on the property. Mr. Alexander confirmed that Officer Jenkins does not know where the snakes came from. He then questioned if Officer Jenkins had received any written complaints regarding the property. Officer Jenkins referenced his file, noting that on July 23, 2013 there is a notice of public nuisance where Code Enforcement Officer Shelley also cited Mr. Hudson for open storage conditions on his property. He then answered that Splash Zone is the complainant. He answered Mr. Alexander that he is aware of two residents in the audience who have come to address the matter but he was not aware prior to the meeting that they would be present. Mr. Alexander questioned from the street view what is considered unsightly? City Attorney Bamburg interjected that notices cited by Code Enforcement address the issue of open storage. He noted that Mr. Hudson received a letter citing those issues, which is what he has based his appeal on. Officer Jenkins added that in 2014 there were additional complaints. Commissioner Brannen stated and concurred with Mr. Alexander that the condition of the property affects the selling value of all properties. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 13, 2015 6:30 p.m. – 7:11 p.m. Mr. Alexander stated that when Mr. Hudson received the letter, Code Enforcement should have outlined what they were looking for regarding compliance. He added that he is not concerned with what may have happened two or three years ago, he is dealing with the issue at hand. He stated that he felt it could be a workable situation with Code Enforcement, adding that he did not understand why Officer Jenkins expressed that “his back is against the wall”. He related that if Officer Shelley did this three years ago and no one did anything about it, how did Officer Jenkins get backed against the wall in a short period of time. He questioned why an extension of time would not be permissible. Chairman Moore stated that Code Enforcement has an ordinance that they have to follow, and time was given, as well as information going all the way back to former Code Enforcement Officer Shelley. Officer Jenkins stated in response to Mr. Alexander’s question, that he would like to point out this process with Mr. Hudson’s property started two years ago. He stated that former Code Enforcement Officer Shelley tried to handle this in 2013 and he began trying to handle it in 2014. He related that the reason his back is against the wall is because Mr. Hudson has placed it there, adding that he cannot give Mr. Hudson any more time and tried to explain this to Mr. Alexander. Mr. Adrian Hummel of 104 Braden Street related that Mr. Hudson has progressively been loading up the property beginning years ago. He noted that back in the late 1990’s there was a burn ban throughout Arkansas and Mr. Hudson’s barn caught fire, adding that the Fire Department had a hard time getting to the fire. He then stated that recently he and his wife found rats and snakes in their yard. Mrs. Pamela Hummel of 104 Braden Street displayed a photograph of Mr. Hudson’s property prior to his owning the property. Mr. Hummel stated that the property was always maintained prior to Mr. Hudson purchasing the property. Ms. Hummel stated that she witnessed a rodent running from her yard back to Mr. Hudson’s property. Mr. Bob Stroud of 4509 Pennpointe Place related efforts by the City Council to raise property values in the City of Jacksonville, noting that they passed ordinances to ensure that property values are protected. Ms. Melissa Huntley of 713 Brewer Street stated that she has been around Mr. Hudson and was there last summer when he got the original complaint from Officer Jenkins. She pointed out that two properties adjoining Mr. Hudson’s yard to the rear and side are both extremely overgrown, adding that it is highly possible that the snakes and rats could have come from those yards. She related that they made a complaint last year when Mr. Hudson got a letter in regards to his yard and nothing was ever done. She related that at the time it was misunderstood that those properties were a part of Mr. Hudson’s property. She noted that Splash Zone has two open MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 13, 2015 6:30 p.m. – 7:11 p.m. containers that appear were filters for the pool and the water still seeps, which could be causing the problem with the rats. Chairman Moore asked that comments be restricted to the violation at hand, which is the open storage. Ms. Huntley then mentioned that with Mr. Hudson’s yard being wet and holding water because of the pool that would attract snakes. With no one to speak in opposition, Chairman Moore closed the public hearing at approximately 7:01 p.m. Commissioner White referenced the notice to Mr. Hudson of July 23, 2013 and another on June 24, 2014, clarifying the correct dates. Commissioner Healey addressed Mr. Hudson, noting this has been ongoing since 2013 and even given that there have been extra circumstances, questioning what he might have done towards cleaning up the property. Mr. Hudson stated that in 2011 and 2012, situations began. He related that he lost his father and soon after he lost his best friend. He explained that he had to close a business that he was in partners with his best friend and liquidate his friend’s household. He stated that he had to get the stuff out of his friend’s house and building because they were leased. He related that he has been, even up to today, moving stuff out. He pointed out that is the reason stuff is even more scattered because he is going through it and taking things to salvage and auctions. He noted that the cold and then rainy weather has also been a factor. He related that he had addressed issues regarding the bushes and Officer Jenkins had told him that the bushes were adequately addressed. Commissioner Healey asked Mr. Hudson what would be his estimate of how long it would take to bring the property into compliance. Mr. Hudson stated that he is hoping to be finished by the end of September, which would include using the bricks, lumber, and windows to reclose the sun porch. He then noted that he is also struggling with his own business and well as having to take care of the children for two and half years. Commissioner Healey empathized with the situations that have come up in Mr. Hudson’s life but, again pointed out that this has been an ongoing situation since 2013. Mr. Hudson stated that he is only one person, he is aware that it is there and he is trying to get it done. He related that there has been activity on the property, saying that the appliances are now gone. He said that the recent photographs taken by Officer Jenkins do not depict what all has been removed. He reiterated his circumstances that prevented him from being able to address these issues. He stated that he has been working at the property everyday this week. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 13, 2015 6:30 p.m. – 7:11 p.m. Alderman Howard stated that he is aware over the last several years of issues with this property, explaining that he received phone calls going back several years. He related that he has viewed the property, commenting that it has been an ongoing situation. He related that he can understand Mr. Hudson has had some issues to deal with but it has still been a long period of time to clean up a back yard. He stated that as a member of Keep Jacksonville Beautiful for many years, he is aware that it is sometimes necessary to have Code Enforcement to address properties that need to be cleaned. He stated even if the situation is not visible from the front yard it is still a problem and he feels this should have already been corrected. Mr. Alexander noted that the Code states if the property owner does not clean up the property as requested then the City has a right to have the property cleaned up by other means and charge the property owner. He questioned why over the past two years, the City has not gone in and had the property cleaned up and then charge Mr. Hudson for the work. Chairman Moore noted that the title of the applicable ordinance is non-complying conditions and public nuisances prohibited that speaks about building rubbish, boxes, inoperable appliances, building materials, inoperable electronic equipment, or such items. He then added it also says that it is the duty and responsibility of all occupants, owners, and/or responsible parties to keep the premises clean and orderly. Commissioner Healey questioned if the Board grants additional time, what would be the assurances that it would be done, and what would be the action if it is not done. Mr. Alexander stated that if Mr. Hudson is granted additional time, he would help make sure that it gets cleaned up. Alderman Howard moved, seconded by Commissioner Healey to deny the request for additional time to correct the violation of outdoor storage at 608 North First Street. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Moore adjourned the meeting at approximately 7:11 p.m. MOTION CARRIED. Respectfully, ___________________________ Susan L. Davitt CITY CLERK – TREASURER