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23 JAN 9 A G E N D A BOARD OF ADJUSTMENT JANUARY 9, 2023 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 12, 2022 1-3 3. VARIANCE REQUEST(S): a. Accessory Building Maximum Square Footage Variance 214 Southeastern Avenue Petitioner: James McCray 4 (plot plan included in packet) b. Accessory Building Maximum Square Footage, Front Yard Setback, & Distance between Buildings Variances 209 Foxwood Drive Petitioner: Steven Smith 5-6 (information included in packet) c. Side Yard Setback Variance Lots 3, 8, & 9 Keathley Commercial Add. Petitioner: Hope Consulting 7 (site plan included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 9, 2023 6:05 p.m. – 6:35 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 Twitty to approve the regularly scheduled meeting minutes of December 12, 2022. MOTION CARRIED. VARIANCE(S): a. Accessory Building Maximum Square Footage Variance 214 Southeastern Avenue Chairman Brown opened the public hearing at approximately 6:05 p.m. Petitioner James McCray discovered he needed a building permit for a shed he had built behind his house when he was trying to get electricity to it. He explained when he came to get the proper paperwork in order to get electricity, he found out if it were a certain square footage, he would not need a building permit, but his was over that limit. He confirmed the size is 720 square feet and it is already built. City Engineer Adam Whitlow recalled that Mr. McCray had come in to get his electrical permit and realized he needed a building permit. He related that Mr. McCray turned in a plot plan, noting his lot is almost one acre that has only 2% coverage. He pointed out that the structure meets all applicable setbacks and adheres to this one lot platted subdivision’s Bill of Assurance. He mentioned his staff would support granting a variance due to the size of the lot, that it adheres to all setbacks, and that it sits behind the main structure. Chairman Brown closed the public hearing at approximately 6:09 p.m. Commissioner Ruple moved, seconded by Commissioner Montgomery to approve a 720 square feet accessory building at 214 Southeastern Avenue. MOTION CARRIED. b. Accessory Building Maximum Square Footage, Front Yard Setback, & Distance between Buildings Variances 209 Foxwood Drive Chairman Brown opened the public hearing at approximately 6:10 p.m. Petitioner Steven Smith shared that he recently moved to Jacksonville. He stated he owns a few classic cars that he did not have a driveway or garage that would house them. He explained he had a concrete slab repoured and had begun to put a carport up, but was notified by Public Works it was illegal, so he stopped construction. He mentioned that he then requested help from C&H Carports, who falsely informed him it was legal to place down this garage, but he had another individual come out that explained to him it was not. He noted he is now requesting a variance because working on his cars would be a nuisance to his neighbors, and it is not something he wants to do out in the public, but would rather reconstruct his two 1964 Chevy Impalas in a garage. He stated after doing research, the side variant 1 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 9, 2023 6:05 p.m. – 6:35 p.m. is obstructed, so he would like to present building plans and request permits to do a spillway to connect the two to make it one lot, which he believes will correct everything. When Commissioner Montgomery asked if he had communicated with City Hall about if he is able to do that, he recalled he had come and spoke with the person in charge of Public Works, along with someone else over the phone. He confirmed he would like to get some drawings put together because this garage costed him almost in excess of $10,000.00. He stressed that he was falsely informed it could be done by C&H Carports. When Commissioner Twitty pointed out that this garage looks like it is over the building line in the front, Engineer Whitlow concurred. He explained there is a lot they still do not know since they do not have any drawings, but summarized that Mr. Smith is requesting a 720 square feet accessory structure on a .38-acre lot, which would be 25% lot coverage including the existing pool house that is estimated to be 750 square feet. He added that he is also requesting a front setback variance, the structure was built without a permit, and is approximately 7 feet over the front setback line as measure by the Building Inspector, but they have not had a plot plan provided to confirm that. He stated that he also is requesting a variance from the 15 foot separation requirement from the existing structure, but it is currently considered an accessory structure that should be in the rear yard, so it must adhere to the separation requirement while allowed to be as close to 5 foot to the side lotline. He brought up that if Mr. Smith wants to connect the house with a breezeway, then it becomes part of the primary structure and must adhere to the side setback of 8 feet by Code or 12 feet by the Bill of Assurance, which is based off of 10% of the lot width at the building line. He reiterated that they need a plot plan to verify all of this, adding they would need to address the issue of separation for the pool house as well. He confirmed that at this time, his staff does not support granting the variances due to so many variables, suggesting an as-built survey to better understand the compliance issues. He shared that City Inspector Manny Browder had sent out a letter explaining the course of action here, adding he can come into compliance in some mechanisms using an attached breezeway, but it will not address everything. He noted he can come into compliance with a variance on current setback issues, but they do not know how much setback he needs since they do not have a plot plan or other information needed. When Commissioner Montgomery inquired if Mr. Smith should have had a building permit before he built it, he concurred and confirmed he did not have one. He recalled that Public Works Director Jim Oakley had spoken to Mr. Smith in person and Inspector Browder had spoken to him over the phone at the time when he was building a different structure, which he took down. He surmised Mr. Smith got some information from a contractor and came in with a different structure. He related that once it came to the City’s attention, they sent out a letter to Code Enforcement, then Code sent Mr. Smith a Code Violation letter with the various issues listed. He confirmed that Mr. Smith has an existing noncompliant structure the City cannot issue anything for, but the Board has the final decision. 2 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 9, 2023 6:05 p.m. – 6:35 p.m. Council Member Dietz thanked Mr. Smith for his military service, noting there are rules and regulations in the military everyone has to follow. He explained that Jacksonville has codes and ordinances to protect all of their residents and when there are people who do things without getting the permits, they have to tear something down or do away with it. He brought up a petition that approximately seventy people have signed against having a building that looks like that in Foxwood, or anywhere, if it is in front of the 35 feet building setback line. He recalled that Mr. Smith’s original structure he was planning was coming all of the way to the street, so he asked Inspector Browder and Planning Commission Chairman Jim Moore to go by to remind Mr. Smith to take it down. He confirmed he is 100% against the building because he believes it needs to conform with the Building Codes of Jacksonville, Foxwood, and all subdivisions. Mr. Smith stressed he is a big proponent of following the rules and he had no idea, adding that he just heard a few moments ago that his pool house is out of compliance. He assured he did not know since he just bought the house and it was already built. He confirmed he is not trying to break the rules. Council Member Dietz pointed out the difference with the pool house is it is behind the fence, so it does not affect his neighbors and everyone around him. He noted that this building sticks way out in front of the building setback line, and to him, that is something not tolerated in any of the subdivisions. He mentioned that he should have gotten a Bill of Assurance that reminds the homeowner of these things whenever he closed on the house. He is displeased the contractor gave Mr. Smith wrong information, but he believes it needs to come down and be moved back to where it should be. City Attorney Friedman noticed in Mr. Smith’s Bill of Assurance that any new buildings being erected or placed on the property need to be preapproved by the allotters, or this case, his homeowner’s association. She asked if he got that done and if he had a copy of his Bill of Assurance. Mr. Smith replied that he did not even know he had a homeowner’s association and he does not have a copy of the Bill of Assurance. Chairman Brown then offered a copy of it to Mr. Smith. Robert Jackson of Club Road stated he is new to Jacksonville as well, but he knows before he builds something, he has to get City approval. He shared beyond that, he would contact the people around where he lives and ask them if they are okay with it. He surmised if the City allows this building to remain, it will not be stopped and anyone new that comes in could build whatever they want, and he does not want that for Foxwood or the City of Jacksonville. William Borden of 11 Silver Fox Cove recalled when Mr. Smith moved in, there was an existing garage, but he turned it into something else. He stressed that since he had a garage, he did have a place to work on his cars and not have any effect on his neighbors. 3 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 9, 2023 6:05 p.m. – 6:35 p.m. Mr. Smith confirmed there is a smaller attached garage, but it does not house four vehicles so that is the reason for closing the wall off and building a bigger garage. He brought up that the house’s electrical current probably would not suffice doing any work in there and would pop breakers all day. He apologized and reiterated that he is not trying to break any laws. Herman Hutton of 17 Tallyho Court believes we need to follow all of the variances and need to get the proper paperwork to do the proper things. He acknowledged that some people start construction and then have to run and get a variance because they did not research it properly. He mentioned Mr. Smith could get done everything he needs to do to get variances for a garage built in the back or add on, but he agrees with Council Member Dietz that there should not be anything in the front part and it should not go passed the variance that is there. Jason Fox of 7 Club Road asked if there is any way to hold the contractor that built the garage accountable for these types of actions if they are providing false information. City Attorney Friedman believes the contract states that the client is responsible for obtaining the permits, so they are not guaranteeing any advice they are giving. Mr. Fox explained he was about to ask for a back porch to be built on his home and the contractor that came out to give an estimate told him permits were not required in Jacksonville. He noted there are a lot of contractors around the area that are providing this false information to customers. Dan Broughton of 1300 Foxwood Drive stated he believes there is a law in Jacksonville requiring any amount over $2,000.00 to have a building permit, regardless of where it is on the property. He assured there is a minimum requirement of a dollar amount that requires buildings to have a permit if they are above $2,000.00, whether it be a porch or a permanent structure. He explained there are code requirements around each property, such as buildings lines that cannot be exceeded. He shared how he built a workshop onto his home and had a building permit because he could not go as wide as he wanted to. He agreed with Council Member Dietz that the City needs to uphold the building standards in Foxwood or anywhere else in Jacksonville. Chairman Brown closed the public hearing at approximately 6:29 p.m. Commissioner Montgomery moved, seconded by Commissioner Twitty to deny the accessory building maximum square footage, front yard setback, & distance between buildings variances for 209 Foxwood Drive. MOTION CARRIED. c. Side Yard Setback Variance Lots 3, 8, & 9 Keathley Commercial Add. Chairman Brown opened the public hearing at approximately 6:29 p.m. 4 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 9, 2023 6:05 p.m. – 6:35 p.m. Bill Hope of Hope Consulting and Titan General Contractors stated they are requesting a side yard setback variance on Lot 3 (Unit 22) between Lot 3 and 4, noting they own Lot 4 as well. He explained they are asking for it to be a 10-foot setback there and on Lots 8 and 9 (Units 29 and 32), as well. He detailed that they have a nice fence along the line where they border the barbeque restaurant’s dumpsters and storage building, so he does not think it would be an issue with them. He pointed out that the lot is at an awkward corner and that is what is causing the problem. He reiterated that they are asking for the side yard setbacks to go from 15 foot to a 10 foot. He assured they adjoin themselves on the next lot, so they will not be affecting anyone else, while the other lot is fenced from the barbecue restaurant’s dumpsters. Engineer Whitlow confirmed they are requesting a side variance from 15 foot to 10 foot on Units 22, 29, and 32, the project meets all other applicable setbacks, is bound by the railroad right-of-way and their company-owned property in a commercial lot, and perimeter fencing does exist at this location and provides a buffer. He mentioned that the separation can also be addressed with fire-retardant material, noting the contractor has spoken with the Fire Marshal on this issue and they are okay with it. He confirmed his staff supports granting the setback variances due to the above stated conditions. He shared they are the adjoining property owner on one of these, adding that if it is a common ownership, some cities do not even address it, so it is not an issue with his staff. He assured they are adhering to 10 foot and if the Fire Marshal is good with the setback and the fire rating on that, his staff is okay. He pointed out that the one lot is odd shaped, coming to a point, and their building comes to a point against that line, so it is very isolated where they are encroaching, so staff is okay with it, considering all of those conditions. Chairman Brown closed the public hearing at approximately 6:35 p.m. Council Member Dietz moved, seconded by Commissioner Ruple to approve 10-foot side yard setbacks for lots 3, 8, and 9 of Keathley Commercial Addition. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:35 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER 5