23 NOV 13
A G E N D A
BOARD OF ADJUSTMENT
NOVEMBER 13, 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
June 12, 2023 1
3. VARIANCE REQUEST(S): Temp. placement of 2 RVs in R-7 zone
220 S. 1st Street/110 Division Street
Petitioner: Timothy Pierce 2
(aerial view of property included in packet)
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 13, 2023 6:05 p.m. – 6:48 p.m.
ATTENDANCE: Commissioners: Dietz, Montgomery, Twitty, and Acting Chairman Moore were present.
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City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Moore declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Twitty moved, seconded by Council Member Dietz to approve the regularly scheduled meeting minutes of June 12, 2023. MOTION CARRIED.
VARIANCE(S): Temporary placement of 2 RVs in R-7 zone 220 S. 1st Street/110 Division Street
Acting Chairman Moore opened the public hearing at approximately 6:07 p.m.
Engineer Whitlow explained that a variance has extenuating circumstances that must be clarified for any precedence. He noted there is a Code saying this is not allowed, adding that he
understands this is a complex situation and is trying to help Wilma Korth explain what the circumstances are that may warrant this.
When Engineer Whitlow asked if it is imperative that the care be that close to Mr. Pierce, Ms. Korth assured it is.
Acting Chairman Moore pointed out that the County Clerk’s Office shows Coy Lee Taylor as the owner and no one as being the Power of Attorney.
City Attorney Friedman confirmed that legally, the property owner would have to be the one to make requests and the warranty deed and Pulaski County Assessor’s Office show Coy Lee Taylor
as the property owner. She has not seen any document showing Mr. Pierce is the property owner.
Ms. Korth mentioned having the Bill of Sale that Coy Lee Taylor and Timothy Pierce signed. She related it has been filed with the Court, but did not have a file marked copy with her.
Council Member Dietz stated a Bill of Sale does not prove ownership and is not really for Real property.
Ms. Korth confirmed they own the Division Street property, noting this is the Bill of Sale from Carol Allen, who is a resident in Jacksonville. She explained how she came to Jacksonville
on June 28th for a family reunion and has been working very hard to get this straightened out. She reiterated that she personally spoke with Carol Allen who said she took Coy Taylor
down to transfer the title, but Mr. Pierce was mowing the grass at the time. She brought up that Coy Taylor passed away and there is a Will at the hospital, but she cannot access it
because she does not have Power of Attorney for Coy Taylor. She stated that Mr. Pierce hired lawyers and once they went in from of the Judge on Thursday, they can access it since they
put it in probate. She surmised this should not take long to settle that part of it, but was unsure about the issue of Ruben getting mauled nearly to death.
BOARD OF ADJUSTMENT REGULAR MEETING
November 13, 2023 6:05 p.m. – 6:48 p.m.
City Attorney Friedman shared the issue that the Commission cannot grant this request to a non-property owner; you have to have an interest in the property. She noted that historically
when Code issues violations or citations, if they can find the actual person who is in violation, they will issue it to that person. She surmised that since Ms. Korth has taken ownership
of the RV/camper, it would be the person who is in violation of Code and not the actual owner getting cited.
Ms. Korth clarified that Coy Taylor and Timothy Pierce bought this almost condemned property, split 50/50, in 2018. She mentioned they cleaned it up and have worked hard making it a
home.
City Attorney Friedman reiterated they would need proof of ownership before the Commission can grant this.
Ms. Korth brought up a letter from Mr. Pierce’s church showing support for the variance. She confirmed that no one in the letter lives near the property, but Mr. Pierce’s neighbor Bill
called in asking for it.
City Clerk Davitt related that Bill Adams of 208 South First Street called into the Engineering Department to show his support for the variance.
Ms. Korth was unsure of how long of an extension they need, but surmised it would not take the attorneys very long to get the Last Will and Testament of Coy Taylor.
Engineer Whitlow encouraged the Commission to establish a definitive timeframe if they were to move forward with an extension. He recommended not stretching it out longer than 90 days,
initially, with the option of coming back.
Ruben’s neighbor, Jason Sims, requested six months, mentioning how three pit bulls attacked Ruben and how the owner of the dogs threatened all of them.
City Attorney Friedman noted that granting an extension to allow proof of ownership is doable, but granting the request for the variance to a non-owner is not. She suggested the Commission
be prepared to defend any decision they make because it could set a precedence for others.
Acting Chairman Moore closed the public hearing at approximately 6:47 p.m.
Council Member Dietz moved, seconded by Commissioner Montgomery to not approve a variance, but grant a 90-day extension for the two RVs located at 220 South First Street/110 Division
Street. MOTION CARRIED.
BOARD OF ADJUSTMENT REGULAR MEETING
November 13, 2023 6:05 p.m. – 6:48 p.m.
ADJOURNMENT:
Without objection, Acting Chairman Moore adjourned the meeting at approximately 6:48 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Dan Brown
CITY CLERK – TREASURER