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19 FEB 11 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 11, 2019 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 September 10, 2018 1 3. VARIANCE REQUEST(S): a. Setback Variance for accessory building 5 Oakridge Drive Petitioner: Brent VanOrder 2-5 b. Sign Variance 301 North First Street, Suite C & D Petitioner: Friedman Law Firm 6 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 11, 2019 6:30 p.m. – 6:52 p.m. ATTENDANCE: Commissioners: Brannen, Mashburn, Brittenum, Ruple and Acting Chairman Moore were present. City Attorney Friedman was also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Moore declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brittenum moved, seconded by Commissioner Brannen to approve the rescheduled meeting minutes of September 10, 2018. MOTION CARRIED. VARIANCE(S): DEVIATION IN AGENDA: b. Sign Variance 301 North First Street, Suite C & D Friedman Law Firm Acting Chairman Moore opened the public hearing at approximately 6:31 p.m. Mr. Craig Friedman explained that he has a sign on the front and side of the building. He noted that they are identical in size and location of the signs that were on the building when the space was leased to a doctor’s office. He stated that he is requesting to be able to keep the same signage opportunities that was used by the previous tenant. He explained that one sign faces North First Street and the second faces the exit road leading from the Lighthouse Charter School, pointing out that there is significant amounts of traffic on both roads. Commissioner Brittenum moved, seconded by Commissioner Ruple to grant the variance as requested for 301 North First Street, Suite C & D. MOTION CARRIED. RESUME AGENDA: a. Setback variance for Accessory Building at 5 Oakridge Drive Acting Chairman Moore opened the public hearing at approximately 6:33 p.m. Mr. Brent VanOrder stated that he called before purchasing the shed to ask about the setback, adding that he was originally going to put the shed behind his house, saying that the lady he spoke to told him the setbacks were 5’ from the house and 5’ from the property line and not to exceed the front side of the house. He went on to say that the lady asked if he was building the shed and he related that he told her that he was just moving one in, adding that he doesn’t even know who it was that he talked to. He then related that whoever he talked to did not tell him that he needed a permit. He stated that he followed everything else the lady told him over the phone and then a neighbor complained, saying that it is not a bad looking building, it is premade and set beside the house. He stated that if he had known it was going to be an issue, he would not have had it set there. He stated that if he has to move the building it will cost him about $1,500.00 to move it behind the house. He reiterated that he followed what he was told to do other than getting a building permit, which she didn’t tell him he needed a permit, adding that he did not think anything about needing one. In response to a question from Chairman Moore, Mr. VanOrder stated that he called the City about 11:30 a.m., adding that he doesn’t remember what 1 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 11, 2019 6:30 p.m. – 6:52 p.m. day of the week it was, but it was just come lady at the Clerk’s Office, adding that he doesn’t know who it was, but he doesn’t think it was the actual Clerk herself. He was then asked if by Clerk, did he mean City Clerk. He responded yeah, City Hall, the Clerk’s Office is what he was told to call. Clerk Davitt identified herself and he said he had talked to her when he filed for a variance. She told him it was her assistant that he had filed the variance request with and he said he doesn’t know who he talked to and doesn’t even know her name. Chairman Moore reiterated his request of specifically what office did you talk to. Mr. VanOrder then stated that he had talked to the Engineering Department Code Enforcement. He stated that when he called he was instructed to contact the Code Enforcement Office. Chairman Moore asked him to reiterate what he was specifically told when he spoke to the City. Mr. VanOrder stated that he was told he had to be 5’ off the property line and 5’ from the main structure on the property and not within 5’ of the back property line either and the building could not be placed where it exceeded past the farthest point toward the road of his house, behind the front line of the house. He then stated that he has done all of that and then he got the letter saying that it wasn’t; but it was when the Engineer was here, that was the normal. He then answered Chairman Moore that “they” allowed it but the Code itself does not say that. He further answered that he did not ask when he called if he needed a permit. He stated that he just asked what he needs to do in order to do this. He went on to say that he was not told he needed a permit, she only asked him if he was building one and he told her that he was moving one. Commissioner Brittenum confirmed with Mr. VanOrder and he concurred that he was told by someone in Code Enforcement that it would be okay to put the building in this location because the shed does not exceed past the front of the house to the street side. He then answered Commissioner Brittenum that the building sits next to the front side of his house. He added that it is just like the one next door to his house at the other side of his house. He related that this is what he was told and that he did not know it was not addressed that way in the books. She asked Mr. VanOrder if it is his understanding that the Board has to go by the written Code and he verbalized his understanding. He then stated that he guessed it was the City Engineer before that was allowing this. He related that he is surprised Manny Browder is not here tonight, because he was the one who explained to him that he had to file for a variance, saying that the distance off the main structure is the problem. He explained that he has 7’ off the structure but he was told 5’ over the phone and the book says 15’. Commissioner Brittenum then confirmed with Mr. VanOrder that the other accessory building that he referred to is not even with the front of the house. He then noted that his neighbor’s building is not 30’ long like his. 2 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 11, 2019 6:30 p.m. – 6:52 p.m. He added that it really doesn’t matter to him, he does not care if his neighbor has one there. He stated that he put his where he was told he could do it. He stated that until he got the letter from the City he was not aware of what the Code book said. He then answered Chairman Moore that the square footage is 320, concurring that the building has electricity. He stated that it is hooked up to its own breaker box by All Service Electric, who he had do the electrical work. He then clarified that the person who did it works for All Service Electric. He then answered Chairman Moore that he did not have it inspected and he is not aware if the person he had do it got it inspected. He then added that he was not even in town at the time, saying “he” came and done it and “I don’t know”. He then added probably not, but its wired according, I mean everything is right. Chairman Moore explained that accessory buildings have to be inspected to make sure any electrical work is within code. Mr. VanOrder stated that he did not ask him if he got an inspection, saying that he just called the guy and he said he would go take care of it. Chairman Moore opened the floor for anyone wishing to speak in opposition to the request. Clerk Davitt noted that there were four residents in the audience present in opposition. Mr. Robert Trippe stated that he hates to see his neighbor have to move the building but it is very distracting to the neighborhood. He stated that it is a brown building with a yellow door and a green roof, while the main structure is a red brick house. He added that he is certain this building will lower area property values, noting that the building is “junky looking” in his opinion. Chairman Moore admonished Mr. VanOrder for making comments to Mr. Trippe from his seat. Mr. Trippe stated that if Mr. VanOrder is working on something and that would mean whatever he is working on would be all in the front yard. He stated that he feels that this should go by the Code and if it fits the Code then let him have it. He went on to say that if it is Mr. VanOrder’s responsibility to get a permit and have it inspected, adding that he wonders why when the building was being put up, Code Enforcement drove by several times and never said anything. He stated that the neighbors have talked and everyone is against it but only the ones that are here would come to speak. Chairman Moore addressed the issue of Code Enforcement driving by, th explaining that on January 11 a letter was sent Mr. VanOrder by the building supervisor for the City of Jacksonville. He pointed out that in the letter the Arkansas Fire Prevention Code was cited as well as the City Ordinance regarding application and permit, along with the Code regarding the distance for accessory buildings from the main residence. He then clarified that the City Ordinance does require 5’ off the back property line and 5’ from the side property line while remaining 15’ from the main residence. 3 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 11, 2019 6:30 p.m. – 6:52 p.m. Chairman Moore closed the public hearing at approximately 6:50 p.m. City Attorney Friedman clarified that the 15’ is from the primary structure as well as any other structure on the property. Chairman Moore reminded the Board that any granted departure from the Code would set precedent. Commissioner Brannen moved, seconded by Commissioner Ruple to deny the setback variance request regarding the accessory building at 5 Oak Ridge Drive and allowing Mr. VanOrder 60 days to move the building. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Healey adjourned the meeting at approximately 6:52 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Vergil Healey CITY CLERK – TREASURER 4