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20 JUL 16 A G E N D A BOARD OF ADJUSTMENT JULY 16, 2020 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 21, 2020 1-3 3. VARIANCE REQUEST(S): a. Building Setback Variance 200 Red Fox Lane Petitioner: Bart Gray 4-5 b. Portable Carport 1609 School Drive Petitioner: Donna Martinez 6-8 c. Portable Carport 600 Lehman Drive Petitioner: Robert & Betty Kinnison 9-11 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 16, 2020 6:30 p.m. – 7:04 p.m. ATTENDANCE: Commissioners: Ruple, Montgomery, Sipes, and Chairman Brown were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brown declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Ruple moved, seconded by Commissioner Montgomery to approve the regularly scheduled meeting minutes of May 21, 2020. MOTION CARRIED. VARIANCE(S): Building setback variance 200 Red Fox Lane Chairman Brown opened the public hearing at approximately 6:31 p.m. Petitioner Mr. Bart Gray identified himself as present via teleconference. It was noted that the variance was approved previously but need to state for future owners of the property. Council Member Sipes moved, seconded by Commissioner Ruple to approve the setback variance for 200 Red Fox Lane for the current and all future owners of said property. MOTION CARRIED. Chairman Brown closed the public hearing at approximately 6:33 p.m. b. Portable carport at 1609 School Drive Chairman Brown opened the public hearing at approximately 6:34 p.m. Petitioner Donna Martinez related that she is requesting permission to have a prefabricated carport in front of her house on the driveway. She explained that her 80-year-old mother is going to move into her house and wants to have her car protected. Commissioner Ruple requested that Public Works Director Jim Oakley speak to the ordinance regarding carports for the City of Jacksonville that are positioned to the front of the property. Public Works Director Jim Oakley stated that the Jacksonville Municipal Code does not allow for structures to be built in front of the build line, he stated that it is his understanding that the current build line for this area is 35’. He stated that this would require a setback variance in regard to the front build line. He then answered Ms. Martinez that any request that does not meet with building codes has the opportunity to request a variance from the requirements of the Code. He stated that after hearing all input it would be up to the Board to grant or deny the request. Council Member Sipes confirmed with Public Works Director Jim Oakley that a variance from the Code is predicated on their being a hardship that keeps the petitioner from being able to meet the Code requirement. Public Works Director Jim Oakley concurred, noting that the hardship is tied to the property itself and not a hardship of personal interest. BOARD OF ADJUSTMENT REGULAR MEETING July 16, 2020 Ms. Martinez answered Chairman Brown that she is not clear on the process. He then explained that it is his understanding that the after making a written request to the Board of Adjustment the next step for any citizen of Jacksonville seeking a variance must demonstrate a hardship associated with the property that makes it difficult, through no fault of theirs, to meet the building Code. Ms. Martinez noted that she is requesting this on behalf of her mother, who wants to have her car covered. She then added that a lot of her neighbors have them. Commissioner Ruple confirmed with Public Works Director Jim Oakley that the request for this portable carport does go into the front setback of the property crossing the 35’ building line. Ms. Martinez then answered Commissioner Montgomery that she believes this carport would be permanent. Chairman Brown confirmed with Ms. Martinez that the request would violate the front yard setback and that it would appear that no hardship associated with the property itself has been demonstrated. He stated that he does not feel there has been an adequate hardship offered to the Board that could justify a variance being granted. Commissioner Ruple moved, seconded by Commissioner Montgomery to deny the request for a portable carport at 1609 School Drive. MOTION CARRIED. Chairman Brown closed the public hearing at approximately 6:42 p.m. c. Portable carport at 600 Lehman Drive Chairman Brown opened the public hearing at approximately 6:43 p.m. Petitioner representative Mark Perry for Robert & Betty Kinnison confirmed their presence via teleconference. He announced that he would be helping Mr. and Mrs. Kinnison with their request. He related that they are requesting a portable garage, noting that they have lived at this address since 1973. He noted that Mr. Kinnison was in the Air Force for 21.5 years and Mrs. Kinnison was a State employee for slightly over 20 years. He then related that following Mr. Kinnison’s Military Service he was employed with Falcon Jet for over 25 years, noting that they are long-time residents and have made several improvements on their home. He stated that they have had the garage enclosed and have poured a nice driveway and are wanting to add a parking cover since they are both in their mid-70’s. He related that being able to get in out of the rain would be advantageous for them. He then explained that this cover is actually one of the nicest ones on the market, pointing out that it will match the color of the house. He then related that he had forwarded some photographs late this afternoon and is unaware if the Board has had an opportunity to view those, saying that it has a better design and look than what the actual carport will be. He stated that the visible part of the legs will only be 4’ tall to where the first panel is coming down on the sides, adding that it would have an arched roof line with panels coming down on both sides. BOARD OF ADJUSTMENT REGULAR MEETING July 16, 2020 Mr. Perry then noted that he does not believe any other neighbors complained about the request, pointing out that the property was posted with a variance sign in the front yard. He then added that there are a couple of other portable carports on Lehman Street. He went on to say that this one, by far, steps up the game a little bit. In response to a question from Chairman Brown, Public Works Director Jim Oakley stated that the Kinnison’s house is close to the build line and the proposed carport would cross over the build line and be in the front yard setback, which is the reason for the requested variance. Commissioner Ruple inquired as to the status of the other portable carports that were mentioned by petitioners, as supporting evidence, at this meeting. Public Works Director Jim Oakley stated that he observed the neighborhoods regarding those structures and believes they could be in violation of not having a variance to allow the structures. He added that he has not had time yet to research and determine if there are variances or building permits for the other structures. City Clerk Davitt answered Public Works Director Jim Oakley that the last three request for portable carports to be dealt with by the Board of Adjustment were denied. Other addresses provided for research were deemed to be illegal there were no granted variances on record. Chariman Brown provided the information specifics regarding the last three request for portable carports that were denied by the Board of Adjustment. Mark Stroud requested and was granted permission to speak as the Planning Commission Chairman. He stated that it seems that the hardships are not connected to the property, pointing out that the hardship has to be unique to the property and does not apply to a substantial portion or district of the neighborhood. He clarified saying that, in other words, they are in a neighborhood that is pretty much cookie cutter and all of the lots are standard for their zoning. He stated that any other structures that are not legal is immaterial to the request before the Board. He went on to say that any personal hardship does not rise to the standard of a variance according to the State Code. He added that the State Code says the hardship due to circumstances that is unique to the individual property under consideration ACA 20.10 Title 14 subtitle 3, chapter 56 and subchapter 4. He went on to say that this is where the Board of Adjustment obtains its direction. He reiterated that the hardship has to be associated with the property alone. Discussion ensued regarding what it seems is other illegal portable carports on the Street and Public Works Director Jim Oakley stated that he has only just become aware of their status and will have to further research their status. He went on to say that if they are found in violation, there would be a letter sent to the property owners. It was clarified that earlier addresses mentioned were deemed to be in violation of not having obtained a variance. He went on to say that he would need to do further research to determine if they were given a building permit out of error. BOARD OF ADJUSTMENT REGULAR MEETING July 16, 2020 Chairman Brown noted that the Board’s consideration for tonight’s meeting deals only with the request for 600 Lehman Drive, adding that he is not sure there has been sufficient evidence for a proper hardship as classified by State Code. In response to a question from Council Member Sipes to City Clerk Davitt regarding clarification, City Clerk Davitt responded that in the last 10 years there have been three request for portable carports and all three request were denied by the Board of Adjustment. Council Member Sipes moved, seconded by Commissioner Ruple to deny the request for a portable carport at 600 Lehman Drive. Mr. Perry asked the Board if the Kinnison’s were to return with a modified request to attach the carport to the house would that make a difference in the status. Chairman Brown noted that he is not sure that would make a difference because it would still be an issue of going past the build line. Commissioner Ruple clarified with Mr. Perry that the structure would still be a metal portable carport and not a stick built carport with matching exterior to the existing home. Mr. Perry questioned again if attaching the metal carport to the house would change the status of the request in any way. Chairman Brown reiterated that it would still be a violation of the 35’ setback no matter the type of construction being proposed. Mr. Perry reiterated that if they wanted to put up a permanent structure that would be attached to the house and match the exterior of the house, would that be more in line and conducive to Code. Commissioner Ruple answered that it would not be more conducive to what has been approved in the past, but more matching along with the house that applies to the actual structure of the home to make it more conducive to the appearance of the home and nearby properties. Mr. Perry noted that Mr. Stroud is shaking his head no. Chairman Brown clarified that it would still be a setback variance request. Mark Stroud stated that the variance is for any property that has an undue hardship in meeting the zoning Code. He stated that there is nothing about the property that conveys a hardship unique to the property. Chairman Brown closed the public hearing at approximately 6:59 p.m. BOARD OF ADJUSTMENT REGULAR MEETING July 16, 2020 At this time, MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:59 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER