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24 MAR 11 A G E N D A BOARD OF ADJUSTMENT MARCH 11, 2024 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 November 13, 2023 1-3 3. VARIANCE REQUEST(S): Temp. placement of RV in R-7 zone 220 S. 1st Street/110 Division Street Petitioner: Timothy Pierce Representative: Wilma Korth 4 (info included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2024 6:10 p.m. – 6:38 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: Council Member Dietz moved, seconded by Commissioner Twitty to approve the regularly scheduled meeting minutes of November 13, 2023. MOTION CARRIED. VARIANCE(S): Temporary placement of RV in R-7 zone 220 S. 1st Street/110 Division Street Acting Chairman Moore opened the public hearing at approximately 6:11 p.m. City Engineer Adam Whitlow reminded that Timothy Pierce is the current resident of the home and Wilma Korth is a cousin who is assisting him in the legal matters of reconciling the ownership of the estate. He recalled that the Board granted a time extension to reconcile ownership so they could ask for a variance to allow the RV to stay temporarily. He stated there has been some movement in the court system with an appointee to the estate being established, but the question of ownership is still in debate. He told how he wrote a letter to Ms. Korth stating what he felt the minimum conditions may be. He read part of the letter, stating: “Ms. Korth, As you are aware, the property at 220 South 1st Street, Jacksonville, Arkansas is currently in violation of the Jacksonville Zoning code due to the placement and occupation of two RVs on-site. One RV is owned by you and the other by a nurse friend of yours according to your statement. At the November 13, 2023 Jacksonville Board of Adjustment meeting, you presented a request on behalf of Mr. Pierce to request a variance to allow the RVs to remain until certain issues were settled with the estate of Mr. Pierce. At the time of the meeting, proof of ownership could not be provided due to issues with the estate. Because of this the Board could not act on the variance request, but instead granted 90 days to allow Mr. Pierce or representative to produce proof of ownership so that the Board could lawfully move forward with the request. Based on our meeting today, February 12th, it is my understanding that the ownership issue has still not been resolved, but the estate is in probate and the estate does have a representative. As such you are resubmitting the variance request or are seeking another time extension. As Mr. Pierce's representative, I recommend the following documents be provided to support the pending variance request: Since proof of ownership cannot currently be provided due to probate, an acknowledgment of the request from the court appointed representative of the estate would be needed at a minimum. Please detail why it is necessary for you to be on-site, staying in your RV instead of at a properly zoned RV park or staying in the house. It is my understanding that you are helping Mr. Pierce navigate the various legal issues caused by the death of his guardian and brother; however, is it necessary for you to be available 24 hours a day? Has Mr. Pierce been declared incompetent? Are you acting in any legal capacity (appointed guardian, power of attorney, etc.) or just as a concerned family member? These are all questions that may be asked of you to justify the hardship. BOARD OF ADJUSTMENT REGULAR MEETING March 11, 2024 6:10 p.m. – 6:38 p.m. It is my understanding that this request is temporary. As such, please provide your best estimate as to how long this arrangement is expected. You need to have clear, measurable goals in mind and objectives that need to be met so that you can disengage from the site. For example, if probate awards the property to Mr. Pierce, is that sufficient for you to end your assistance and move? With clear objectives (such as the title to the property conveying to Mr. Pierce) you should be able to give a reasonable estimation of how much longer it will be necessary for you to be on-site. This would presumably be based on conversations with the attorney or on a future court date. I recommend that the second RV occupied by your nurse friend be moved offsite as soon as possible. I believe it would be best if it was moved prior to the next meeting or that you be able to state that the RV is only being stored on-site, unoccupied until repairs are complete and can be moved. I know that this is a complex issue and that there are several moving components other than the variance request. When representing the variance request to the Board, I would encourage you to focus specifically on the hardship necessitating the request and avoid accusations of speculative inappropriate actions taken by those opposing Mr. Pierce’s claim to the residence.” He related that is the guide under which he gave Ms. Korth and Mr. Pierce on February 12th. He noted the RV of her friend has been moved off site and she has provided a letter from their attorney representing the appointee of the State. He clarified that the appointee is named Susan Vincil, who is a paralegal for WH Law, who is the attorney representing Mr. Pierce. He explained the attorney Chad Taylor, on behalf of the petitioners, requested Ms. Vincil be the representative of the estate. He was unsure of how much legal authority the appointee representative of the estate has. He stated he does have some reservations on the technical side if it moved forward to enaction. Council Member Dietz affirmed the Board cannot grant something they do not own. He surmised it is going to take a long time to get the ownership resolved. Ms. Korth clarified she is asking for an extension of the stay. She stated the RV can sit on private property, but the problem is she could not sleep in her own bed in that RV. She related that she travels and that is her mobile home she moves and goes place to place that is self-contained, not needing to be hooked up to water, but does have to be dumped. She told how she has been staying in the house, because her RV was in the shop, but it has been four weeks since and she has had to sleep in a one hundred year old metal bed when she is allergic to titanium metal. She stressed that she just wants to sleep in her own bed, noting she will get the RV back tomorrow and will be leaving on March 31st. She confirmed she will not be coming back until June, unless there is a problem with the probate, and by then they should have the estate settled. She reiterated that the RV is not there now and has not been for four weeks. When Engineer Whitlow inquired, she mentioned she may come back for a week or weekend in the future. BOARD OF ADJUSTMENT REGULAR MEETING March 11, 2024 6:10 p.m. – 6:38 p.m. Engineer Whitlow affirmed that Jacksonville code does not allow that, or any temporary stay of any kind of an RV in this zoning. Acting Chairman Moore closed the public hearing at approximately 6:35 p.m. Council Member Dietz moved, seconded by Commissioner Twitty to not approve a variance, but approve the continued extension of the original 90-day extension until March 31, 2024 for an RV located at 220 South First Street/110 Division Street. MOTION CARRIED. When Council Member Dietz inquired, Ms. Korth confirmed that Mr. Pierce is able to stay and take care of himself. ADJOURNMENT: Without objection, Acting Chairman Moore adjourned the meeting at approximately 6:38 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt ACTING CHAIRMAN Jim Moore CITY CLERK – TREASURER