15 MAY 11
A G E N D A
BOARD OF ADJUSTMENT
MAY 11, 2015
6:15 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
March 9, 2015 1-3
3. VARIANCE REQUEST(S): a. Sign Variance
1800 School Drive
Petitioner: Crain Ford
Representative: ACE Sign Company 4-6
b. Rear Yard Setback
514 Cheshier Court
Petitioner: Johnny W. Bradley, Jr. 7
c. Sign Variance
1502 West Main Street
Petitioner: Blackfoot Enterprises, Inc. DBA
Popeye’s Chicken
Representative: M. Mostafa 8
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: May 11, 2015 6:15 p.m. – 6:30 p.m.
ATTENDANCE: Commissioners: Vergil Healey, Art Brannen,
Rick White, and Chairman Moore were present. City
Attorney Bamburg and City Engineer Whisker were
present. Alderman Howard arrived at approximately
6:20 p.m.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and
Chairman Moore declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner White moved, seconded by Commissioner Brannen to approve the
regularly scheduled meeting minutes of March 9, 2015. MOTION CARRIED.
VARIANCE(S): a. Sign Variance 1800 School Drive for Crain Ford
Chairman Moore opened the public hearing at approximately 6:16 p.m.
Mr. Jason Offutt of ACE Sign Company explained that the existing sign is
now too low because of the height of the overpass. He related that Crain
Ford is proposing to raise the sign to 55’ instead of the allowable 45’.
He stated that the sign would adhere to the allowable square footage, adding
that they are also requesting to add a digital message display to the sign
structure.
With no one to speak in opposition, Chairman Moore closed the public hearing
at approximately 6:17 p.m.
City Engineer Whisker concurred that the allowable sign height in a C-3
zone is 45’, adding that it is the Board of Adjustment’s purview to review
digital signage being akin to billboards. He pointed out that Crain Ford
has three pole signs on the property, which would mean this is a variance
request for a third sign. He then explained that the pole signs are currently
being used to announce the used car area, new car area, and the third is
the Crain Ford main signage. He added that Crain Ford currently has two
street frontages, so it is allowed two pole signs.
Chairman Moore clarified with City Engineer Whisker that the variance
request is for the height of the main sign, for it to be a changeable digital
sign, and for it to be the third sign on the property.
City Engineer Whisker stated that typically on highway frontage, especially
with the roadway being elevated, this type of request regarding sign
visibility is allowable. He noted that the Freeway is being raised by the
State Highway Department.
Commissioner Healey moved, seconded by Commissioner White to approve the
sign variance as requested for Crain Ford at 1800 School Drive. MOTION
CARRIED.
b. Rear Yard Setback Variance at 514 Cheshier Court
Chairman Moore opened the public hearing at approximately 6:21 p.m.
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MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: May 11, 2015 6:15 p.m. – 6:30 p.m.
Mr. Johnny Bradley, Jr. explained that he is requesting a 6’ variance into
the 25’ rear yard setback. He related that he recently had a covering
constructed for the patio, saying that he did not realize he needed an
encroachment variance for that construction since it is considered an
enclosed porch. He offered the Board color photographs to illustrate the
type of construction, adding that his contractor was also unaware of the
need for a variance. He explained that his rear yard, because of it being
in a culdesac, is pie-shaped, demonstrating the layout on his plot plan.
He related that it is the southeast corner that is encroaching approximately
5’ into the 25’ setback. He pointed out that the patio cover is 14’ X 18’
with an open gable design; the roof is architectural shingle which matches
the existing residence. He added that the posts are scheduled to be painted
and the structure will have guttering.
City Engineer Whisker explained the Mr. Bradley’s contractor was under the
impression that if the project stayed below a certain cost factor then there
would not be a need for a building permit. He then noted that Mr. Bradley’s
rear yard fence is further in on his property line because of a block ditch
that runs through the middle of the rear property line. He stated that
there is an extra 4’ in the ditch before you come to the back side of the
fence, explaining that this make the structure look closer to the rear
property line than it really is. He related that after measuring the
distance from the rear property line to the structure it was approximately
6’ into the rear yard setback. He stated that the construction looks good
and is over a concrete patio leading to the pool with a grill area and
pergola. He related that because of the orientation of the main residence
on the pie-shaped lot, it encroached into the setback, noting there is a
large rear-side-yard property on both sides.
Commissioner White noted that Mr. Bradley understood the structure to be
considered an enclosed porch, questioning what makes that determination.
City Engineer Whisker stated that an open porch would not have a roof. He
clarified that the addition of the roof structure makes it a covered porch;
if it is enclosed then it becomes an enclosed porch. He went on say that
usually bills of assurance will address open porches and they usually do
not count as the build line, so many people interpret that differently.
Mr. Bradley explained that prior to construction he had researched designs
online, adding that he may have been misinformed regarding setbacks.
City Engineer Whisker additionally pointed out that the structure is
already tied into the existing roofline of the residence and it has been
shingled.
In response to a question from Chairman Moore, Mr. Bradley concurred that
there is a 4” slab that was preconstruction, saying that when he put in
the pool he had the slab over-laid with another 4” of concrete.
With no one to speak in opposition, Chairman Moore closed the public hearing
at approximately 6:26 p.m.
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MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: May 11, 2015 6:15 p.m. – 6:30 p.m.
Commissioner Healey moved, seconded by Commissioner White to approve the
rear yard setback variance at 514 Cheshier Court as requested. MOTION
CARRIED.
c. Sign Variance at 1502 West Main Street for Blackfoot Enterprises, Inc.
DBA Popeye’s Chicken
Chairman Moore opened the public hearing at approximately 6:28 p.m.
Mr. Mostafa explained that he is proposing to raise his business sign to
40’ regarding visibility issues from the Freeway, adding that this would
help increase his business along with a remodeling of the location.
City Engineer Whisker stated that the business is located in a C-2 zone,
which is allowed a 40’ sign or 10’ higher than the building whichever is
less. He continued saying that they are requesting to raise the sign to
40’, but the building is less than 30’ in height. He noted that Freeway
is being raised and several businesses have expressed interest in raising
their signage. He stated that the size would remain the same but it would
be a different Popeye’s sign.
With no one to speak in opposition, Chairman Moore closed the public hearing
at approximately 6:29 p.m.
Alderman Howard moved, seconded by Commissioner White to approve the sign
variance as requested for Popeye’s Chicken at 1502 West Main Street. MOTION
CARRIED.
ADJOURNMENT:
Without objection, Chairman Moore adjourned the meeting at approximately
6:30 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Jim Moore
CITY CLERK – TREASURER
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