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21 MAY 10 A G E N D A BOARD OF ADJUSTMENT MAY 10, 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. Side back setback Variance 5317 Aviator Drive Petitioner: CNR Construction 1-2 b. Billboard Review and Variance request 2701 T.P. White Drive Petitioner: RSG Sign Holdings, LLC 3-5 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: May 10, 2021 6:00 p.m. – 6:21 p.m. ATTENDANCE: Commissioners: Ruple, Montgomery, 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. Side back setback Variance 5317 Aviator Drive Chairman Brown opened the public hearing at approximately 6:01 p.m. Petitioner Rob Ruble, co-owner of CNR Construction, stated that they had an engineering issue with their last small, pie-shaped lot on Aviator Drive. He explained that there was a major discrepancy of pins with Bond Engineering and they finally got it lined out, but only after the houses were already built on the preliminary plot. He said when Bond came out and remarked the pins, they ended up being within a couple of inches of the 5’ setback rule to the property line regarding the back corner of the house. He related that it is the back porch in question, which is a concrete patio, not a living area, and that 2’ is within 4.9’ of the property line. He clarified that they are over, but not even by 2 inches. Petitioner Chris Bulice, the other co-owner of CNR Construction, explained that the developer had too many pins in phase one of the Subdivision and that they are in phase five. He pointed out that the discrepancy probably came from different people taking measurements off of different pins during the different phases of development. He mentioned that they cannot get a C.O. to be able to sell the house without the Board’s approval. Commissioner Ruple asked if anyone is currently residing on lot 96, or is it still for sale. Mr. Ruble responded that the man who bought lot 96 put a fence up on, what he thought, was the property line that was two inches from the house on lot 97. He said that Manny and Mylissa of the City’s Engineering Department came to look at it and noticed something was not right so he had Bond Engineering come back out. When Commissioner Ruple asked if the fence was taken down, Mr. Bulice replied that Manny said that he does not care about the fence, since it is a civil issue, but that they needed to get the two-inch discrepancy cleared by the Board of Adjustment. He explained that the homeowner would need to move the fence or go to court. When asked by Commissioner Ruple if anyone has called with complaints, City Clerk Davitt affirmed that she has had no complaints or calls. Discussion ensued regarding the fence placement and the issue of it having to moved. 1 BOARD OF ADJUSTMENT REGULAR MEETING May 10, 2021 6:00 p.m. – 6:21 p.m. Public Works Director Jim Oakley noted that the property was properly posted and no calls were received, however, lot 96 residents largely disagreed about the fence and where it should be, but that he had not heard from them since the new property lines have been marked out. He continued to say that there were three different surveyors/engineers that have marked the pins regarding the phases for the Subdivision and that may be why lines got off. He stated that he is confident that it is now accurately drawn and that it is about two and a quarter inch from being a required 5’ from the property line. Mr. Ruble stated that the neighbor wanted a final engineer drawing certified by Engineering before he moved his fence. He explained that once he gets this drawing approved by the City, they will take it to the neighbor. Commissioner Hall related that he does not see a problem with a two-inch deal. Chairman Brown closed the public hearing at approximately 6:09 p.m. Commissioner Ruple moved, seconded by Commissioner Hall to approve the setback variance of 2” for 5317 Aviator Drive. MOTION CARRIED. b. Billboard Review and Variance request 2701 T.P. White Drive Chairman Brown opened the public hearing at approximately 6:10 p.m. Petitioner Jimmy Parker with Custom Advertising stated that he represents Rainwater, Holt, & Sexton and is requesting a variance to put a billboard on the property owned by James Smith. He explained that there was a billboard on the property previously, but it was lost to road expansion and then noted that the residential property behind this property is also owned by Mr. Smith. He related that they are sensitive to the lighting that billboards create, so they are proposing a V-type structure instead of a back-to-back structure that was there previously. He explained that the billboard would automatically dim at night as to not create a nuisance and that instead of the 300’ away from residential, it would be 100, requiring the variance. Chairman Brown asked if the new billboard will go where the old one was. Mr. Parker replied that it would be close, maybe 50’-70’ laterally from the old location and explained that the old pole and foundation are only partially intact because the overhang of it was past the right-of-way for the Highway Department. Public Works Director Jim Oakley confirmed that the State does not allow any part of signs to hang over in their right-of-way. Mr. Parker responded to a question by Commissioner Montgomery that they are proposing a V-type structure so that they can help limit the illumination to the ground. When questions arose about the height-limit the City allowed, Engineering Tech Mylissa Griggs replied 45’. 2 BOARD OF ADJUSTMENT REGULAR MEETING May 10, 2021 6:00 p.m. – 6:21 p.m. Mr. Parker pointed out that the higher they are, the less ambient light, and for that reason, they would request maximum height. He expressed that they want to be good neighbors, so they will be using a unit with auto-dimming capabilities where it will be much dimmer at night than it would be early in the evening. He responded to a question by Commissioner Montgomery, that according to the Highway Department, you are allowed one billboard per property and typically the City allows one pole sign and one building sign for a business. He noted that he has been doing this for 35 years and they have 500 billboards in Arkansas. He went on to say that they are members of the Beautification Council where they make recommendations to the Highway Department on how to be sensitive to light, how to not trim trees for billboards, etc. Discussion ensued regarding the maximum square footage allowed for signs. Engineering Tech Mylissa Griggs clarified that it is 1000 square feet combined for both sides. When asked by Commissioner Ruple, City Clerk Davitt responded that they have had several different variance requests for billboards in the past, stating distance, height, and sign face variances. Mr. Parker assured Chairman Brown that Mr. James Smith owns the home behind there and the property next to it and has not heard any opposition. When asked by Commissioner Montgomery if there is anything unique about this property to make the variance necessary, Mr. Parker responded the old billboard would still be there to this day if it were not for the road widening. He added that the majority of the ads would be for Rainwater, Holt, & Sexton and, if they are successful with the City, the State has given them verbal approval for an off-premise permit. Chairman Brown closed the public hearing at approximately 6:19 p.m. Commissioner Hall moved, seconded by Commissioner Montgomery to approve the billboard variance as requested for 2701 T.P. White Drive. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:21 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER 3