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21 FEB 08 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 8, 2021 6:00 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: 3. VARIANCE REQUEST(S): a. Vehicle and Camper Variances 3705 Natchez Trace Petitioner: Jennifer Reynolds 1 b. Maximum Square Footage Variance Accessory Building 102 Red Fox Lane Petitioner: Todd R. Faulkner 2-6 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 8, 2021 6:00 p.m. – 6:46 p.m. ATTENDANCE: Commissioners: Ruple, Hall, 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: VARIANCE(S): a. Vehicle and Camper Variances 3705 Natchez Trace Chairman Brown opened the public hearing at approximately 6:01 p.m. Petitioner Jennifer Reynolds stated that she and her husband, Dusty, own th the property at 3705 Natchez Trace and on January 13 some of their vehicles were tagged by City Code Enforcement as being inoperable. She related that she intends to contest that, saying that she does not believe that it is in accordance with what the law considers inoperable. Mr. Reynolds stated that this is supposed to be an administrative appeal, not a variance. City Clerk Davitt confirmed that an administrative appeal is a variance. Mr. Reynolds explained that there were two camper trailers that were tagged as inoperable motor vehicles, but that part of Jacksonville Municipal Code does not apply to camper trailers because they are not motor vehicles. He said that the two pick-ups do not meet the presumption of inoperability that is laid out in the Jacksonville Municipal Code. Responding to Chairman Brown’s request for more information on the variance, Mr. Reynolds went on noting that Chapter 8.01.060 of Jacksonville Municipal Code lays out all definitions. City Attorney Friedman asked Mr. Reynolds if he had a copy of Ordinance 1601, stating that it was passed last year and it amended the definitions section to include travel trailers and camping trailers. Mr. Reynolds responded he doesn’t have it, but what they pulled was from the Jacksonville City webpage. City Attorney Friedman clarified that Ordinance 1601 was passed last year and that it amended the definition section to include travel trailer, pick-up coach, motorhome, camping trailer, and auto-camper all under section 8.01.060. Mr. Reynolds agreed the definition does match then, but the campers did not have flat tires and under section 8.03.017, they are not presumed inoperable. He read from section 8.03.017, stating a vehicle shall be deemed inoperable when one of the following applies: one or more tires are flat, one or more wheels are missing, hood or trunk raised or missing or appear to remain so for more than three days, weeds or grass growing in or around the vehicle, engine missing, the doors or fenders removed, the front or rear windshield is broken, removed, or missing, or side windows are broken, removed, or missing, or the interior is used as storage containers. 1 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. City Attorney Friedman addressed that under section 8.01.060, she has a different definition for inoperable; a vehicle which cannot be driven upon public streets for reasons including, but not limited to, being unlicensed, uninsured, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. Mr. Reynolds explained that a pull-behind trailer cannot be moved on its own power and the trailer or other vehicles did not have any flats, busted out windows, or engines removed. He stated that when they tagged it, they told him it was because he hadn’t moved the vehicle in an extended amount of time, but he explained that it was their utility truck that they do not use very often. Mr. Reynolds answered no when City Attorney Friedman asked if any of them are in a state of disrepair or abandoned. City Attorney Friedman then asked if they were all insured. Mr. Reynolds answered that they have an antique under restoration in the back yard, behind the privacy fence, and the white truck was tagged and insured, but parked in the same spot since he has a car as his primary vehicle. He went on to say that the camper trailer was not tagged because it was not used on public streets, but for use on private property. City Attorney Friedman then questioned if they are not using it as a camper, but as a residence. Mr. Reynolds answered that they would use it as a home office or as a hangout. Commissioner Ruple asked City Attorney Friedman if the interior of the vehicle would fall under a storage container, with the camper being full, as stated in the section as being inoperable. City Attorney Friedman agreed that she would consider that inoperable. Commissioner Ruple asked Mr. Reynolds if the older model that is being restored was tagged as well. Mr. Reynolds replied that it did get tagged, but was not towed. Commissioner Ruple then asked if all four tires are aired up on that vehicle. Mr. Reynolds answered yes, but currently sitting in ruts from being on soft ground. Mrs. Reynolds clarified that it is movable, saying the tires are not flat. Discussion ensued regarding photographs of the property, with Chairman Brown then asking, with trash and debris inside the cab of the truck, is it operable in that condition? 2 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. Mr. Reynolds answered yes, explaining three times in the last year Code Enforcement has talked to him about the white truck and he has moved it on two separate occasions to show it is an operable vehicle. Mrs. Reynolds added that the last time it was moved was actually a couple of weeks before it was tagged and, in fact, the Code Enforcement officer was considering tagging it, but when he saw that they had moved it, he chose not to. Chairman Brown asked what they are using the camper for. Mrs. Reynolds answered a hangout that her family spends time in while Mr. Reynolds added, as a home office. Commissioner Ruple pointed out it was noted in the incident report that it was filled with trash and a foul odor, and questioned how they would hang out with foul odor and trash everywhere. Chairman Brown added that there was also a dead opossum at the entry. Mrs. Reynolds stated that they were not aware of that, while Mr. Reynolds related that he was told there was a dead opossum found on the driveway underneath the RV camper. They then explained how they live down the street to a wooded area and that they constantly have opossums, raccoons, and wild animals coming into the yard at night. City Attorney Friedman then requested input from Code Enforcement. Code Enforcement Officer Isom stated that the vehicle in the back, which was not taken, is not being actively worked on. Code Enforcement Supervisor Lieutenant Wright clarified that they were not able to remove the vehicle due to wet ground and they stopped with the vehicle because they received notice of the appeal request the same day. He stated that the travel trailers presented a health and safety hazard, noting inside storage and the odor. He explained that two people were staying inside the travel trailer two days prior and that the dead opossum in front of the fifth wheel was there for several days, according to the amount of odor. th Officer Isom stated that the white vehicle was tagged around October 28 and they were not able to show that it started, or even had keys to it. Chairman Brown asked in their opinion, are they saying that the vehicle was not operable. Lieutenant Wright answered no, explaining the white truck was being used for storage, covered in dirt, and did not appear to have been moved. He added that the travel trailer they removed from the front yard was filled with trash and garbage, could not be walked through, or side-outs be closed. 3 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. He noted that they had to remove the travel trailer without pulling the sides in because there was so much trash and garbage inside of it. He then agreed with City Attorney Friedman when she stated that even though the truck was behind the privacy fence, it is relevant to 8.03.014, which discusses an inoperable vehicle upon any private property within the City. He then described how they were denied entry into the back yard and they had to obtain a search warrant but, due to the conditions of that day, they were not able to remove either one of the two vehicles. Commissioner Ruple asked if it was noted that any of the tires on the older model were flat. Officer Isom replied that, based on the pictures, it was either flat or sunk in, but the back was full of trash which constitutes the presumption of an inoperable vehicle. Lieutenant Wright stated that the two people that were there told him that the vehicle did not run and was being restored. He noted that there was no active work being done to it while they were there and it showed no signs of repair. Chairman Brown asked the Reynolds if they had any receipts for the restoration being done to show that the vehicles were actively being restored. Mr. Reynolds replied no, the project was for his mother and they ran into an issue where the vacuum tubes had been removed and they were just able to get a diagram a couple of days before this happened. Chairman Brown asked Mr. Reynolds what his opinion of an accurate process of restoration means. Mr. Reynolds answered that his mother likes that particular era of trucks and wanted to restore it. He explained how she tinkered with it to get it to run but it didn’t run very well due to the vacuum lines being removed. He admitted that she wasn’t working very fast and that he regretted that, but it was a hobby to get it all fixed up. City Attorney Friedman asked if Mr. Reynolds has a copy of insurance for these vehicles, or the registrations. Mr. Reynolds responded no when Commissioner Ruple asked if the antique truck is now currently running. Commissioner Ruple then asked how long has it has been since it ran. Mr. Reynolds replied that they did get the engine running last year, but it was not well enough to be road-worthy because of the vacuum tubes. Chairman Brown asked how long since the last time the engine ran. 4 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. Mr. Reynolds reiterated that it was his mother’s project and recalled last summer she got the engine running and has since been slowly collecting the parts. Mr. Reynolds again answered no when Chairman Brown asked if they had receipts of any kind to show. He could not recall exactly when the engine ran last and repeated that he was not the one actively restoring it, it was his mother’s project. Commissioner Ruple asked the Code Enforcements officers if they were there in January and also three times before that the previous year. Officer Isom replied yes and that he had been by there several times to th try to make contact with them and have not been able to until October 28, 2020 when he spoke with Mrs. Reynolds. Lieutenant Wright added that on the day that they executed the search warrant they attempted to get them to come out and tried to make contact by phone with no answers or response. The only thing that they got was the appeal letter that morning then they went out there for the search warrant. Mr. Reynolds pointed out that he left a message for Lieutenant Wright. Mrs. Reynolds answered no when Commissioner Ruple asked if there was anyone living in the house. He then asked if they knew that people were living in the camper. Mrs. Reynolds replied that is Mr. Reynolds’ mother and brother and the only reason they were still there was because it was the only thing keeping them from being homeless. The Reynolds replied no when Commissioner Ruple asked if anyone was living in the tent that was shown in a photograph. Mr. Reynolds explained that the tent was set up for their kids to play in. When asked by Commissioner Ruple how long the man and woman were living in the camper, Mrs. Reynolds replied that they had been living with them almost five years but spent most of their time in the camper. The Reynolds answered yes when Commissioner Ruple asked if the water, heat, and electricity are still on at the house and if the individuals were sleeping in the camper but showering inside the home. Lieutenant Wright stated that the camper had power hooked up to it, noting they had received a complaint back in 2019, about people living in the back camper. He explained how officers have gone out and were unable to determine anything because they were not allowed in the back or inside the house. He recalled when they went out there that day, there was power hooked up to it and a possible sewer line that was draining. He stated that on the front camper, it had not been used in a while and when they went inside the residence, there was no way any of those bathrooms could have been 5 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. used. He related that there were no beds laid down and, if there were, there was trash and garbage on top of them. He went on to say that the bathtub did not look as if it had been used. He then offered that in his opinion, the interior of that residence was being used for storage and to hold trash, from what they saw. When Commissioner Ruple asked him if it would be considered a storage container, he replied yes, a trash container. He agreed when Chairman Brown suggested it was uninhabitable. Mr. Reynolds asked Officer Isom if in October, was the truck parked in the driveway or the side yard. Officer Isom answered that it was in the driveway, on the left side as you are looking at the house. Mrs. Reynolds stated that the following day it was moved. th Officer Isom recalled that on October 28 he talked to Mrs. Reynolds and when asked if it moved, she answered that she did not have the key. Mr. Reynolds affirmed that he had the key and that he was at work. Officer Isom agreed with City Attorney Friedman when asked if he was under the presumption that the vehicle was inoperable when he sent the notice of non-compliance. City Attorney Friedman then asked the Reynolds for clarification regarding if they are asking for the two vehicles to remain on the property for restoration purposes. Mr. Reynolds replied that they are in the process of moving out of Jacksonville and everything on the property will be relocated once they close at the end of the month. He stated that his intentions were to appeal the ruling but he was unaware that the Municipal Code had changed since he did a search on the microfiche site for inoperable vehicles and the one City Attorney Friedman cited did not show up. City Attorney Friedman explained that for reference, it was Ordinance 1601. She then asked if the two campers and the two trucks would be moved at the end of the month of February. Mr. Reynolds answered that he could not guarantee the time, saying when they close is when everything will start to be cleared off of the property at the end of the month. He then answered Commissioner Ruple that they are moving out of Jacksonville. When Chairman Brown asked why are they asking for a variance if they will be moving that soon, Mrs. Reynolds replied that three of their vehicles have already been taken and are sitting in storage mounting up fees. Chairman Brown asked again, why they needed a variance. 6 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. Mr. Reynolds explained that inside the Municipal Code, it says if they get a notice, they have a right to appeal the interpretation. He did not know about the Ordinance 1306 and that, going by what was actually posted on the City’s website, campers were not covered under that article. Mr. and Mrs. Reynolds noted that they would not consider the white truck an inoperable vehicle since it had been moved and completely up to date on tags. Mrs. Reynolds stated her phone would not connect to their insurance site to pull up proof of insurance. City Attorney Friedman affirmed that once the Board of Adjustment makes their determination, they can either decide that there was not an issue of non-compliance or determine there was and request that these violations be removed within 72 hours. She affirmed with Mr. Reynolds that if these are operable, it should not be an issue to have them moved within 72 hours. th Mr. Reynolds replied that he does not have a 5 wheel to move the camper right now and the other vehicles have already been towed, with the other th camper being removed on the 19 along with the white truck. Commissioner Ruple asked if they have the capability to move the restored truck that is sunk into the ground and not running right now. th Mr. Reynolds answered that the 5 wheel is blocking the path. In response to a question from Commissioner Ruple, Mrs. Reynolds stated that they are in negotiation with a company to get the property cleaned up and eventually sell it as a fixer-upper. Responding to a question from Commissioner Ruple, City Attorney Friedman stated that under Municipal Code 8.08.037, corrective action shall be completed within 72 hours from the date of issuance of the order. She clarified that once the Board makes their determination, they would have 72 hours to remove the problem or else Code Enforcement would be able to remove the property under State Statute. Commissioner Ruple asked City Attorney Friedman if they could issue them more than 72 hours. She replied that the Code does not specify, but that she would assume they can. She related if they did that, they would have to be prepared to do that for any other appeal that comes before the Board. Commissioner Ruple moved, seconded by Commissioner Hall to deny the vehicles and campers variance for 3705 Natchez Trace. With Chairman Brown voting AYE, MOTION CARRIED. Lieutenant Wright commented that when it comes to giving them more than 72 hours, he can see that with the truck, but not the trailer in the backyard since it is a health and safety hazard. 7 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. City Attorney Friedman clarified that the 72 hours will start when the order is signed. Chairman Brown closed the public hearing at approximately 6:35 p.m. b. Maximum Square Footage Variance Accessory Building 102 Red Fox Lane Chairman Brown opened the public hearing at approximately 6:35 p.m. Public Works Director Jim Oakley stated that the residents of 102 Red Fox Lane requested a permit to build a carport for their RV in the rear yard. He confirmed that it met everything except for the size limit and that a building permit was issued to build the carport in the back yard. He explained that he had received a call from some other residents about the size of it that caused him to check it. He confirmed that it was 872 square feet while the limit is 650, but that it only makes up about 12% of their yard when the rule is up to 30%. He stated that there are no sides on it and reiterated that they only park their RV under it, that it is in the rear yard, and added that it does meet all setbacks. City Clerk Davitt confirmed that she has had no calls regarding the carport in her office. Commissioner Ruple asked Public Works Director Jim Oakley if there is a reason that the City signed off on the building permit even though they have exceeded the maximum square footage. Public Works Director Jim Oakley stated that it was an oversight on their part. When Commissioner Ruple asked him about who C. Bradshaw was who signed off on the permit, Public Works Director Jim Oakley replied that it is the secretary in the Engineering Department, who missed the square footage. He then affirmed that he does not see it as being unsightly, noting again that it is in the rear yard. Discussion ensued about the whereabouts of the petitioner. Chairman Brown confirmed with Public Works Director Jim Oakley that the error was in his office. Public Works Director Jim Oakley concurred and stated that the Engineering permit clerk may have been under the impression that a metal carport would not fall under being considered a structure, by our definition. Responding to a question from Chairman Brown, City Attorney Friedman explained that her concern is if they allow this in this instance, then other people would assume they be allowed to do the same thing and if denied based on their reliance on the permit, then they would want something to cover the damages. 8 BOARD OF ADJUSTMENT REGULAR MEETING February 8, 2021 6:00 p.m. – 6:46 p.m. Public Works Director Jim Oakley confirmed that it has already been built and that the City would be liable for all expenses paid on this structure. He stated that they have approved at least two in the last three months, recalling one on Maddox Road, a double garage on a three-acre lot, and also one last month in a subdivision off of Loop on a one-acre lot. City Attorney Friedman related that she understands variances are considered on a case-by-case basis, but that they have had an instance recently in Circuit Court where the petitioner’s request was denied and he brought up all of the instances where variances were approved for his neighbors, but not for him. Public Works Director Jim Oakley then pointed out that there is no opposition here and that should mean a lot on their part. City Clerk reiterated that no one has called in opposition. Commissioner Hall acknowledged that the City made a mistake issuing the building permit without a variance; but it looks nice, and none of the neighbors have complained. He voiced that he does not see any reason to deny. Mark Stroud commented from the audience, that right now it does not have walls and if they do approve a variance, they have the opportunity to say that they cannot construct walls on it. Public Works Director Jim Oakley confirmed that with restrictions, they cannot add onto it without bringing it back to the Board. Discussion ensued about the sides of the carport and how far down they go, along with what is considered to be an RV. City Attorney Friedman confirmed that they can approve the variance with conditions. Commissioner Hall moved, seconded by Commissioner Ruple to approve the variance provided that there would be no further construction without coming back to the City for permit and approval. With Chairman Brown voting AYE, MOTION CARRIED. Chairman Brown closed the public hearing at approximately 6:45 p.m. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:46 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER 9