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20 MAY 21 A G E N D A BOARD OF ADJUSTMENT MAY 21, 2020 7:00 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of September 9, 2019 1-2 3. VARIANCE REQUEST(S): Front Yard Setback for a portable Carport at 104 Foxcrest Cove Petitioner: Tom Koger 3-5 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: May 21, 2020 7:00 p.m. – 7:16 p.m. ATTENDANCE: Commissioners: Ruple, Montgomery, Sipes, and Chairman Brown were present. City Attorney Friedman was also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brown declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Sipes moved, seconded by Commissioner Montgomery to approve the regularly scheduled meeting minutes of September 9, 2019. MOTION CARRIED. VARIANCE(S): Front Yard Setback for a portable carport at 104 Foxcrest Cove Chairman Brown opened the public hearing at approximately 7:01 p.m. Petitioner Mr. Koger identified himself as present via teleconference. Colleen Brown of 105 Foxcrest Cove presented herself via teleconference as representing 30 nearby neighbors along with Mr. Scott Lawson, who is also present via teleconference. She noted that the neighbors she represents have signed a petition, of which the City Clerk has on file, opposing the variance at 104 Foxcrest Cove for a portable carport. She stated that as a former realtor and broker, it is her believe that the property values would decrease if the variance is granted. She stated that the portable carport detracts from the aesthetics of the neighborhood. She explained her former professional background in the Memphis area, citing that she has seen firsthand what deviating from city codes, zoning laws, and homeowner regulations can do to property values. She concluded saying that they are respectfully asking and letting it be known that they object to the variance. Mr. Scott Lawson of 105 Foxrun Cove related that he is working with Coleen Brown in representing the other 30 neighbors surrounding Foxcrest Cove, he discussed the importance of the City continuing to maintain and enforce their codes and regulations. He stated that the approval of the variance would set a precedent for other potential structures that would violate the 35 building line rule. He related that since Foxwood does not have a homeowners’ association, they rely heavily on the enforcement of Jacksonville’s City Codes and Regulations. He then related that during an opportunity to speak with Mr. & Mrs. Koger earlier this week, they proposed a few alternatives to the portable carport. He related that they proposed an extension onto the garage, noting that precedent was established at 1413 Foxwood Drive using the same materials on the residence. He then related that if the variance is not approved, he and other neighbors are in full support to assist Mr. Koger in taking down the carport if it is something Mr. Koger is not able to do himself physically. He then offered that another alternative would be to resource back to the company who erected the carport by way of the City providing a letter stating that they should have had a variance in place prior to constructing the carport but also a letter from the City showing that they needed to take care of this prior to construction may give Mr. Koger a little more leverage to perhaps recover some of their money, if not all from the company. 1 BOARD OF ADJUSTMENT REGULAR MEETING May 21, 2020 Ms. Roberta Hodge of 1400 Foxwood Drive explained that as a flight attendant she is gone from home quite a bit, saying that when she came back, the structure was there and she had no idea that they were allowed in the neighborhood or she would not have purchased a home in this neighborhood. She stated that her home is two driveways down from Mr. Koger and as previously mentioned, aesthetically it detracts from the neighborhood. She stated her opposition to having the carport there and added that she would be willing to help have them move it. In response to a question from Chairman Brown, Public Works Director Jim Oakley answered that the carport was constructed without a permit from the City and the City was only made aware through a compliant and found to be in violation of City code. Mr. Gilbert Resoline of 102 Foxcrest Cove stated that he feels there is a big miscommunication between Mr. Koger and the neighbors because Mr. Koger never knew about the Code and the people who sold them the carport told Mr. Koger that he did not need a permit. He reiterated that Mr. Koger was not aware of any requirement and has tried to comply with everything, adding that Mr. Koger has stated that he would be willing to take the carport down. He questioned why it took thirty plus days to even talk to the City about it, adding that 106 Foxrun is violating the Code all the time regarding parking. He stated that he does not have a problem with the carport. He stated that the neighbors did not communicate with Mr. Koger they just went to the City. Chairman Brown identified a petition signed by 32 Foxwood residents. He noted that several individuals have independently contacted the Mayor’s Office. He then confirmed with Public Works Director Jim Oakley that the building line setback for Foxwood is 35’. Public Works Director Jim Oakley then added that you cannot build over the build line without a variance. Chairman Brown stated that he had visited the neighborhood and it was obvious that no other residence had any construction or modifications protruding across the front build line. He then related that to his understanding any one requesting a variance must justify a hardship to the Board and should be able to prove that the hardship is significant in order to support the justification for the variance. He stated that it is clear the carport was constructed in violation. Chairman Brown closed the public hearing at approximately 7:14 p.m. Council Member Sipes moved, seconded by Commissioner Montgomery to deny the front yard setback variance request for 104 Foxcrest Cove. MOTION CARRIED unanimously. 2 BOARD OF ADJUSTMENT REGULAR MEETING May 21, 2020 ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 7:16 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER 3