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
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220 S. 1 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.
______________________________________________________________________
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.
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VARIANCE(S): Temporary placement of 2 RVs in R-7 zone 220 S. 1 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
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explained how she came to Jacksonville on June 28 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.
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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.
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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
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