25 JAN 13
A G E N D A
BOARD OF ADJUSTMENT
JANUARY 13, 2025
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 9, 2024 1
3. VARIANCE REQUEST(S): a. Front Yard Setback Variance
1217 Lee Mac Drive
Petitioner: Christopher Perez 2-3
b. Front Yard Setback Variance
1221 Lee Mac Drive
Petitioner: Christopher Perez 4-5
c. Front Yard Setback Variance
1225 Lee Mac Drive
Petitioner: Christopher Perez 6-7
d. Front Yard Setback Variance
1301 Lee Mac Drive
Petitioner: Christopher Perez 8-9
e. Rear Yard Setback Variance
205 East Martin Street
Petitioner: Guy Ashenberger
Representative: Stephen Eifling 10-11
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: January 13, 2025 6:00 p.m. – 6:13 p.m.
ATTENDANCE: Commissioners: Dietz, Twitty, Hall, and Chairman
Oakley were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and
Chairman Oakley declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Dietz moved, seconded
by Commissioner Twitty to approve the regular meeting minutes of December
9, 2024. MOTION CARRIED.
VARIANCE(S): a. Front Yard Setback Variance 1217 Lee Mac Drive
The public hearing opened at approximately 6:02 p.m.
City Engineer Adam Whitlow explained how the petitioner measured straight
off of the curb, resulting in this mistake. He confirmed he has dealt with
this many times in his own career and the petitioner now understands for
his future builds. He stated all four requests are basically the same,
confirming this variance would not encroach into the 15’ easements and there
are no Fire Code violations. When Commissioner Twitty inquired, he replied
that inspectors legally cannot definitively give locations. He
acknowledged they will be more diligent about checking that on site,
pointing out that most newly platted subdivisions will have the pins freshly
marked so the builders can measure off of them. He mentioned this has not
been a habitual issue here in Jacksonville, but does come up occasionally.
Commissioner Twitty recalled making the same mistake with a home he had
built previously in 1986.
The public hearing closed at approximately 6:05 p.m.
Council Member Dietz moved, seconded by Commissioner Twitty to approve
front yard setbacks of 20.6’ at 1217 Lee Mac Drive, 20.5’ at 1221 Lee Mac
Drive, and 20.7’ at 1225 and 1301 Lee Mac Drive. MOTION CARRIED.
b. Front Yard Setback Variance 1221 Lee Mac Drive
Approved under item a.
c. Front Yard Setback Variance 1225 Lee Mac Drive
Approved under item a.
d. Front Yard Setback Variance 1301 Lee Mac Drive
Approved under item a.
e. Rear Yard Setback Variance 205 East Martin Street
The public hearing opened at approximately 6:06 p.m.
Engineer Whitlow stated the City received correspondence from the Home
Owners Association stating they have no objections to this request. He
brought up an interpretation question regarding a double frontage lot and
if one would be called a rear yard setback or have two side yard setbacks.
He explained the City’s interpretation has been that if one is called a
side setback, the other has to be called a rear yard setback, but current
Code does not define it either way.
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BOARD OF ADJUSTMENT REGULAR MEETING
January 13, 2025 6:00 p.m. – 6:13 p.m.
Commissioner Oakley advised that if they both face the roadway, he believes
they should keep the 25’ build line for sight purposes.
Council Member Dietz concurred that the Board should look at them on a
case-by-case basis, like this one.
Engineer Whitlow confirmed they will consider the side yard setback to be
on the true side of the orientation and the opposite setback will be
considered a rear yard setback.
The public hearing closed at approximately 6:11 p.m.
Commissioner Hall moved, seconded by Commissioner Twitty to approve a 16’
rear yard setback at 205 East Martin Street. MOTION CARRIED.
When Council Member Dietz inquired about the Code Book update, Engineer
Whitlow responded that it will be a lengthy process, but has recently
started.
ADJOURNMENT: Without objection, Chairman Oakley adjourned the meeting at
approximately 6:13 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Jim Oakley
CITY CLERK – TREASURER
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