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17 OCT 09 A G E N D A BOARD OF ADJUSTMENT OCTOBER 9, 2017 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 August 14, 2017 1-7 3. VARIANCE REQUEST(S): a. Maximum Square Footage Variance for an accessory building 3727 Grant Cove Petitioner: Kevyn Fowler (letter and petition) 8-11 (support material from the previous meeting has been included packets) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 9, 2017 6:30 p.m. – 6:49 p.m. ATTENDANCE: Commissioners: Scholl, Brittenum, Healey and Chairman White were present. City Attorney Bamburg and City Engineer Whisker were also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman White declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Healey moved, seconded by Commissioner Scholl to approve the regularly scheduled meeting minutes of August 14, 2017. MOTION CARRIED. VARIANCE(S): Maximum Square Footage Variance for an Accessory Building at 3727 Grant Cove brought back from August 14, 2017 regularly scheduled Board of Adjustment meeting by petitioner Chairman White opened the public hearing at approximately 6:30 p.m. Petitioner Kevyn Fowler of 3727 Grant Cove stated he “is requesting a variance for the size of his accessory building at his residence, asking the Board to take notice that he stated a variance size request.” He related that as he had previously requested in the first request, the request is for size. He stated that for some reason his neighbors took it upon themselves to make it about the composition of the building, which the attorney of the Council, City Attorney stated that is more of a civil, a community issue, but the size variance is our issue at hand and I was asking for a size variance. Chairman White questioned the size of the accessory building. Mr. Fowler answered that it is just under 1100 square feet. City Engineer Whisker noted that the allowable maximum is 650 square feet. He then reminded the Board that the issue was before them at the August meeting, recalling that the community had come out and there was discussion back and forth. He stated that at the end, he believes part of the issue was that Mr. Fowler and some of the neighbors had not all discussed what was going on. He recalled that at the end of the previous meeting, Mr. Fowler decided to pull it from the agenda, which ended the discussion and ended the Board from voting on it. He went on to say at that point because the building was still there; he gave Mr. Fowler two months to come back before the Board in order to get a variance for the size of the building. He added that he believes Mr. Fowler had talked with some of his neighbors and then re-requested to come back for another size variance for the building at 3727 Grant Cove. City Attorney Bamburg confirmed that the square footage is 1116. City Engineer Whisker stated that the variance would be for 466 square feet. Mr. Paul Garrett of 3714 Christy Lane, Phase II of Bushwood Estates, related that he is speaking for the residents of Bushwood Estates in opposition to the variance request by Mr. Kevyn Fowler. He offered a handout to the Board, saying that supporting data regarding the opposition to the request 1 BOARD OF ADJUSTMENT REGULAR MEETING October 9, 2017 6:30 p.m. – 6:49 p.m. was presented by Mr. Jim Dornblaser at the August 14, 2017 meeting and is requesting that data be considered in tonight’s decision by the Board as it is still valid. He stated that the largest majority of the Bushwood residents signed the petition in opposition to the Fowler request for a variance due to the failure to comply with the Jacksonville City Ordinances and compliance with the Bill of Assurance for the Subdivision. AS TO CITY ORDINANCES: 1. Mr. Fowler failed to request a building permit from the City before the construction. As to the responsibility of obtaining building permits see enclosed a copy of the brochure from Mr. Fowler’s Building Supplier. (Brochure indentifies purchaser to be the responsible party to obtain necessary building permits from the city.) 2. By not getting a permit, no footing inspection or framing inspection were made by the City. 3. Building permits are generally required before construction is started in Jacksonville. 4. City Ordinance Chapter 18.86, Section 18.86.020 titled “square foot limitation” states in part an accessory building built in rear yard is not to exceed 650 square feet (or) in compliance with subdivision’s Bill of Assurance. 5. Variance is required to be advertised seven (7) days prior to being issued and should be before construction begins. AS TO THE BILL OF ASSURANCE: Standard procedure for abstract companies doing a title search is to list any Bill of Assurance or restrictions on the title work. It becomes the buyer’s responsibility to determine what kind of restrictions or Bill of Assurance is on the property. This building is in violation of several things in the Bill of Assurance including but not restricted to size, type of construction, and no prior approval from the developer (Chet Schirmer) as stated in his letter to the Board of Adjustment on August 14, 2017. For these reasons we respectfully ask the Board to deny this request for a variance for the building at 3727 Grant Cove. He offered to answer any questions by the Board members. With no member presenting a question, Mr. Garrett excused himself. Chairman White opened the floor for any additional comments. Mr. Fowler represented himself to the Board. He said “as stated beforehand at the last variance meeting, the due diligence of the people that I purchased the building from said that they would take care of all the City issues, which there was no initial permit or anything of that nature.” He added “that is what made me come to the City, to Jay because of that factor and that is when I learned of the due diligence of what I had to do, and 2 BOARD OF ADJUSTMENT REGULAR MEETING October 9, 2017 6:30 p.m. – 6:49 p.m. which I done everything that I had to do.” He related “unfortunately, all that happened after the building was constructed. But, as soon as I learned what wasn’t there, I took it upon myself to come to the City and to make what was wrong – right.” He continued saying “now the building was purchased right across the street (referring to City Hall) at All Steel Garages.” “As far as the compliance with a P.O.A. or H.O.A., we do not have a home owners’ association nor a property owners’ association. We do have a channel of guarantor to guarantee, meaning that when you come into buy your land, you’re obligated under guarantor’s request of how he wanted things to be. My property has been sold twice, I’m the third owner of my property, and I’m not under no restrictions on my property. So by this, Mr. Chet Schirmer, he did put a Bill of Assurance that is given to the guarantor when they purchased the land from him, but like i said, I am the third owner of this piece of property so I wasn’t under the entitlements of the actual purchaser of the land or his entitlements because he didn’t do the due diligence of putting a P.O.A. or an H.O.A. in effect, so there is not one for Bushwood Manor Estates.” City Attorney Bamburg corrected Mr. Fowler, explaining that the Bill of Assurance runs with the property, any purchaser of property in that Subdivision is obligated under the Bill of Assurance. Mr. Fowler pointed out that the Bill of Assurance was filed 15 years ago, adding that he “did not have anything of that nature in his package when he purchased his property. I wasn’t aware of anything of that nature when I purchased my property and I not only asked my agent to ask the seller’s agent, but I also asked the seller’s agent personally and nothing came about to say that there was any restrictions of that manner.” City Attorney Bamburg stated “I can’t tell you what happened in your transaction, I can just tell you what the Law provides and the Law provides that the Bill of Assurance applies to those properties for as long as that Subdivision exists.” Mr. Fowler stated “I did purchase the building from across the street, which is a local merchant. For my neighbors, I did not have no disrespect, that is not me. I mind my own business and I let you do what you do.” Speaking to the audience he said, “I wish ya’ll would have came to me, and talk to me because the building was erected, it took about a month for them to put it up.” “I wish somebody would have said something to me versus me going through the process and now we are here and it feels like I have my community that I stay in – against me over a building that is up and erected.” “So I am pleading my position, and that is what happened and I wish well on this whole endeavor.” Mr. Chet Schirmer of 804 Christy Cove, resident and developer of Bushwood Estates, stated “I don’t like the way this is coming out, it is just unfortunate that it all happened this way. But, the day I saw the construction starting, Mr. Garrett called me and asked if I had seen the construction, I said yeah, I did. As soon as I saw it, I went to Mr. Fowler’s and knocked on the door to say that you guys need to talk to us. Nobody answered the door, so I went back home, drafted a letter and gave him a Bill of Assurance, putting it in his mailbox and it said “Call me, 3 BOARD OF ADJUSTMENT REGULAR MEETING October 9, 2017 6:30 p.m. – 6:49 p.m. we will try to work with you if we can to come out with some sort of resolution” obviously we were not going to get to where the Bill of Assurance really was but maybe we could come to a compromise to get the neighborhood in line. Never heard from him, no response, that was it. As far as the variance goes, I realize it is not part of the Bill of Assurance, that is separate, obviously if the City goes forth and lets this happen, somebody in Phase II will have to file a lawsuit, and he will lose and have to tear the building down and start all over again. We can go however we need to go, but that is kind of the end results. I’m just saying we tried, I tried, as much as I could, I live there, we have a nice neighborhood, we want to keep it that way. To keep everybody’s property values up and by not following the Bill of Assurance, property values fall and everybody wants the property values to stay, it is a nice neighborhood. He added that is all I have to say, I did what I could do and that is where we are at for now.” Mr. Fowler stated to Mr. Schirmer, “he did put something in my mailbox, and yes I did make attempts to call him three times, from a 901 area code number, I tried.” “And I left two voice mails but I did try to reach Mr. Schirmer.” Chairman White pointed out that the Commissioners have all supplemental data, both pro and con, included in their packets and that material is a part of tonight’s meeting record. Commissioner Healey stated that in his point of view, there has been a lot of failure to do the proper steps from the very beginning. He added considering all of this, given the size and the building without the proper approval or proper authority coming through the City, my motion is to deny approval for constructing this building. Commissioner Healey moved, seconded by Commissioner Scholl to deny the variance request. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman White adjourned the meeting at approximately 6:49 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Rick White CITY CLERK – TREASURER 4