21 DEC 13
A G E N D A
BOARD OF ADJUSTMENT
DECEMBER 13, 2021
6:00 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
December 14, 2020 1-2
3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance
Lots 5, 6, & 7 Timber Ridge Sub.
Petitioners: Andy and Tracy Smith 3-4
b. Rear Yard Setback Variance
2620 West Main Street
Petitioner: Mark Perry 5-6
c. Accessory Building Square
Footage Variance
5400 Cypress Drive
Petitioner: Jimmy Middaugh 7-12
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: December 13, 2021 6:01 p.m. – 6:13 p.m.
ATTENDANCE: Commissioners: Ruple, Montgomery, Twitty, 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 December 14, 2020. MOTION
CARRIED.
VARIANCE(S): a. Rear Yard Setback Variance Lots 5, 6, & 7 Timber Ridge
Subdivision
Chairman Brown opened the public hearing at approximately 6:01 p.m.
Petitioner Tracy Smith stated they are requesting a 17’ rear setback instead
of the required 25’ setback for these lots. She explained the lots are 20’
wide and now they are only getting 40’ of building space depth-wise. She
related they need eight more feet to build covered porches so the front
and back doors do not rot. She noted it would be nice to have shade, adding
that some of the units may have rear sunrooms. She pointed out that the
adjacent rear property is in the floodplain and is not probable for
development.
Council Member Dietz stated he believes it would be fine, saying it would
not affect anything with the low area behind it. He confirmed most people
do want covered patios and access now to have a place to sit, barbeque,
and not get wet.
Commissioner Montgomery questioned how far from the back is the floodplain.
Mrs. Smith replied that it drops off pretty quick but confirmed that none
of their property is in the floodplain.
Engineering Tech Mylissa Griggs agreed, saying it is the next parcel over
that is part of the old farmland that is in the floodplain.
Public Works Director Jim Oakley added that there is about 350 acres of
farmland that goes all the way to the freeway.
Chairman Brown closed the public hearing at approximately 6:04 p.m.
Council Member Dietz moved, seconded by Commissioner Montgomery to approve
the rear yard setback variance of 17’ for Lots 5, 6, & 7 Timber Ridge
Subdivision. MOTION CARRIED.
Council Member Dietz noted Mrs. Smith and her husband have been good
builders for the City of Jacksonville for approximately 25 to 30 years and
appreciates them maintaining it and still building property here.
b. Rear Yard Setback Variance 2620 West Main Street
Chairman Brown opened the public hearing at approximately 6:05 p.m.
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BOARD OF ADJUSTMENT REGULAR MEETING
December 13, 2021 6:01 p.m. – 6:13 p.m.
Petitioner Mark Perry stated they are proposing to construct an addition
at A Natural State Funeral Service. He related it would be a 60’ X 60’ metal
building painted to match the existing structure. He explained the rear
setback requires 75’, that it is a wooded lot, and the side variance is
within the boundaries. He pointed out that there would be a breezeway
attached to the existing structure, explaining the building would be used
for storage of cars and excess inventory. He noted the rear area is wooded,
is owned by CenturyLink, and they have spoken to them about acquiring that
property.
Council Member Dietz confirmed this is the funeral home on West Main Street
that is adjacent to the wooded area and added that it would not affect
anything since there are no houses.
Mr. Perry clarified they are requesting a 70’ setback instead of the
required 75’, making for a 5’ variance.
Chairman Brown closed the public hearing at approximately 6:08 p.m.
Commissioner Twitty moved, seconded by Commissioner Ruple to approve the
rear yard setback from 75’ to 70’ regarding a 5’ variance for 2620 West
Main Street. MOTION CARRIED.
c. Accessory Building Square Footage Variance 5400 Cypress Drive
Chairman Brown opened the public hearing at approximately 6:09 p.m.
Petitioner Jimmy Middaugh informed the Commission he intends to build a
detached garage that is over the square footage limit. He explained the
building would be a 25’ X 32’ detached garage without a breezeway attached
to the house. He then answered that his lot is about .89 of an acre. After
confirmation that the maximum allowable square footage is 650, he added
that the building would be brick along the whole front and down the sides
with siding to match the house.
Council Member Dietz pointed out that the lot is 140’ by almost 250’, saying
it is a big lot in Oak Ridge Subdivision. He then confirmed that the request
is for an 800 square foot building.
Mr. Middaugh assured that his neighbors are okay with the request while
City Clerk Davitt confirmed there were no phone calls received by the City.
Mr. Middaugh then noted it is a quiet neighborhood, consisting of mostly
retired residents and both his adjacent neighbors are, in fact, retired.
Public Works Director Jim Oakley confirmed it meets side yard setbacks.
Chairman Brown closed the public hearing at approximately 6:12 p.m.
Commissioner Ruple moved, seconded by Commissioner Montgomery to approve
the 800 square footage accessory building at 5400 Cypress Drive. MOTION
CARRIED.
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BOARD OF ADJUSTMENT REGULAR MEETING
December 13, 2021 6:01 p.m. – 6:13 p.m.
ADJOURNMENT:
Without objection, Chairman Brown adjourned the meeting at approximately
6:13 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Dan Brown
CITY CLERK – TREASURER
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