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22 NOV 14 A G E N D A BOARD OF ADJUSTMENT NOVEMBER 14, 2022 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 October 10, 2022 1-2 3. VARIANCE REQUEST(S): a. Buzz, Smoke, & Vape Sign Variance 1315 T.P. White Drive Petitioner: Sadek Alkhawlani 3 b. Accessory Building Maximum Square Footage Variance 1304 Madden Road Petitioner: Haley Kendrick 4 (plot plan included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: November 14, 2022 6:00 p.m. – 6:23 p.m. ATTENDANCE: Commissioners: Dietz, 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 Montgomery moved, seconded by Commissioner Ruple to approve the regularly scheduled meeting minutes of October 10, 2022. MOTION CARRIED. VARIANCE(S): a. Sign Variance 1315 T.P. White Drive Chairman Brown opened the public hearing at approximately 6:02 p.m. Petitioner Sadek Alkhawlani stated he is requesting a permit to have a sign on the front and on the back of his business. Chairman Brown noted that this is the old Radio Shack building, adding they may have had a previous sign on the back of it then, making this request similar to what was there before. When Commissioner Ruple inquired, he explained that there is currently no sign on the rear of the building, so this request would allow one facing the Kroger parking lot. Mr. Alkhawlani confirmed the sign will be 3’ x 16’ and fits inside the existing cabinet on the rear of the building. City Clerk Susan Davitt pointed out that her office has not received any calls regarding this request. City Engineer Adam Whitlow believed the previous sign may have been nonconforming since technically it was only a single frontage, but it does have a second frontage since you can see it from the rear, and that is why he believes it was allowed before. He assured that City staff has no issues with this request. Chairman Brown mentioned that the Little Caesars’ sign in the back goes across the entire rear of the building. Chairman Brown closed the public hearing at approximately 6:06 p.m. Commissioner Ruple moved, seconded by Commissioner Montgomery to approve the sign variance for 1315 T.P. White Drive as requested. MOTION CARRIED. b. Accessory Building Maximum Square Footage Variance 1304 Madden Road Chairman Brown opened the public hearing at approximately 6:07 p.m. Petitioner Alex Kendrick stated he is requesting to have a building to put tools, paint, etc. in, but the City only allows a maximum of 650 square feet. He shared that he spoke with City Inspector Manny Browder who said they should be able to get a variance for it since the size of it will not exceed a certain amount of his 2-acre property. When Commissioner Twitty inquired, he confirmed it will be a little less than 1400 square feet, 1 BOARD OF ADJUSTMENT REGULAR MEETING November 14, 2022 6:00 p.m. – 6:23 p.m. his plan is to do lap siding with a shingle roof, and it would be located directly to the left of his house. When Chairman Brown mentioned a new fence, he noted that it was put up this past Summer. Council Member Dietz related that this property is next door to the Boyd’s and he has had a lot of people call him about it with concern. He brought up that the reason for it is because of the condition of the property, then asked Mr. Kendrick if he had numerous citations from Code Enforcement. Mr. Kendrick did not agree and added that they have lived there approximately eight years now. Council Member Dietz clarified that there have been four in the last two years. Chairman Brown shared that it was also brought to his attention that there had been violations in the past with the way the property was kept. He asked Mr. Kendrick how this building would impact the condition of the property. Mr. Kendrick assured the building would help him get a lot more organized. He concurred when Commissioner Ruple asked if he had a lot of things laying around, therefore, needing a 1300 square foot shop. He mentioned having things laying around right now and not needing the building to be unorganized, but the goal is to be able to find things and to perform work when it needs to be done. He replied no when Commissioner Ruple asked if the shop is intended to run a business out of. He requested clarification on the complaints Council Member Dietz had received. Council Member Dietz noted it was about the building that is already being built, also mentioning the fence with vehicles being brought in behind it. He stressed that it is a big concern to him since they already had a fence put up, and now they have to put a bigger building up. He asked if it is going to turn into an auto repair place. He pointed out that he lives pretty close and passes by often, then asked if the window in the front is still broken. He surmised if someone is going to put a big shop in, it seems like they would maintain the other property first. Commissioner Montgomery recused himself due to a possible conflict of interest. Chairman Brown commented that it looks like the fence was put up in order to conceal the junk/scrap storage. He shared that City Inspector Browder had told him he had been in contact with Mr. Kendrick several times regarding the grass and the condition of the property. Mr. Kendrick recalled they had come by once regarding the height of the grass this year and the other time was for a tire being low on a truck, but that was sorted out easily. He added that another time they came when he had a vehicle burn down on Memorial Day in his driveway and it was difficult to figure out what to do with it. He noted that he has a hectic work schedule, so it is hard to make arrangements for things like that sometimes. 2 BOARD OF ADJUSTMENT REGULAR MEETING November 14, 2022 6:00 p.m. – 6:23 p.m. Chairman Brown stated that he also drives by often and shared his concern about how the property is kept. When Commissioner Twitty inquired, Mr. Kendrick confirmed they have started construction of the building and that is how he found out about the need for the variance. He described it as being like a pole barn with poles coming out that are set in Quikrete. He detailed that there will be no flooring, but more like a barn on the inside with a dirt floor. He assured there will not be an automotive shop in there, but will just be to organize supplies, materials, etc. He related that City Inspector Browder stopped by since someone called and said that the building was too close to the property line, but he checked it out and everything was fine with it. He added that he gave them some tips on how to make it better and seemed pretty excited about how they could get it built to last a long time. He recalled that he offered his help and noted that the real issue is only the size of it, because it exceeds 650 square feet. When Council Member Dietz inquired, he replied that it is eight feet off of the left side of the property line and fifteen feet away from the house. City Clerk Davitt confirmed that her office has not received any calls regarding this request. City Engineer Whitlow shared that his Department has not received any calls either, other than the initial call about a building being constructed without a permit. It was his understanding that the building is somewhat in response to Code complaints, but for their 2-acre lot, it meets the percentage requirement. Commissioner Twitty suggested tabling this item of business until City Inspector Browder can be available for input. Council Member Dietz shared his concerns of putting up a large building that will be hard to maintain if there is not a concrete slab because there will be trees, etc. growing up. He listed another concern that if they are already not maintaining the property that is there in the front, there could be two buildings now that are in disarray. He pointed out that they do have a 2-acre lot, but they are on a main road where everyone comes in and out of town. He surmised if the current property was maintained, there would be less of an issue. He does not know how they could maintain two buildings when they are not maintaining the one. He related that he would not want this property next to his. Chairman Brown explained that due to some ongoing concerns in the past with the upkeep of the property, the consensus of the Board seems to be that it would multiply those issues if another building was added. Council Member Dietz concurred, adding that he is okay with tabling it, getting with City Inspector Browder, and viewing the property. He confirmed that he would be against approving it at this time. Chairman Brown closed the public hearing at approximately 6:23 p.m. 3 BOARD OF ADJUSTMENT REGULAR MEETING November 14, 2022 6:00 p.m. – 6:23 p.m. Council Member Dietz moved, seconded by Commissioner Twitty to table the request regarding the accessory building at 1304 Madden Road until City Inspector Browder and the Board of Adjustment Commissioners have time to view the property and can offer further input regarding requested improvements. MOTION CARRIED. It was agreed that this item of business will be pulled over to the next th regularly scheduled meeting of December 12, 2022 with the current Code issues repaired within 60 days. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:23 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER 4