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95 MAY 24.docMINUTES: BOARD OF ADJUSTMENT DATE AND TIME: May 24, 1995 4:10 p.m. 5:10 p.m. ATTENDANCE: Commissioners: Chairman Leslie Belden and Rudy Reid City Engineer Duane Reel City Attorney Bobby Bamburg Planning Commission Chairman Art Brannen Deputy City Clerk Susan Davitt PETITIONER: J. C. George and Dave Goins Variance requested: Waiver for operation of a Child Care Facility in an M-2 zone. Violation of Chapter 18.68.050 of the Jacksonville Municipal Code Book. __________________________________________________________________ Deputy City Clerk Susan L. Davitt recorded those listed above in attendance. Chairman Belden declared that a quorum was not present. It was decided that a discussion meeting would be held. APPROVAL AND/OR CORRECTION OF MINUTES: There were no approval or correction of minutes due to the lack of a quorum. Chairman Belden voiced the request for a child care facility in an M-2 zoning by petitioners J. C. George and Dave Goings. She related that Pathfinders, Inc. wishes to lease the front building and use it as a child care center. Chairman Belden informed the Board that the Planning Commission has recently held a series of seminars, which has included information regarding Arkansas State Statues governing the Board of Adjustment authority. She further related that the Board of Adjustment does not have the authority to grant waivers with regard to conditional uses that are not defined as such by the zone ordinance. She related that in speaking with Richard McGee from Metroplan it was discussed that the ordinance listing conditional uses would need to include other conditional uses if the Board of Adjustment is to grant a variance or waiver. Discussion ensued as to whether a public hearing is necessary before recommendations of change can be offered to the City Council and if said changes should be submitted with scheduled changes from the Planning Commission. It was concluded that the Board of Adjustment could make recommendations directly to the City Council and that a public hearing is not required for zone ordinance changes by the City Council. BOARD OF ADJUSTMENT DISCUSSION CONTINUED: City Engineer Reel related that the next scheduled Planning Commission meeting would consider a list of proposed changes to be submitted to the City Council, adding that a change in conditional use in the zone ordinance is a like item. Other discussion ensued as to the verbiage which would encompass the needed changes, and timing with regard to channeling the proposed changes through the Planning Commission to City Council. Chairman Belden related that without a quorum a recommendation to the City Council could not be voted on at this time. It was concluded that a pole of the Board of Adjustment members would be taken, which would provide the necessary vote and will be ratified at the next meeting in June. It was further concluded that this would allow for the necessary time to draft an ordinance for presentation at the City Council meeting of June 1, 1995. Chairman Belden suggested that the Planning Commission be made aware of the Board of Adjustment actions with regard to any change recommendations to go before the City Council. At this time Planning Commission Chairman Art Brannen joined the meeting. Chairman Belden briefed him as to the request before the Board and the proposed changes in the zone ordinance which would allow for day care facilities in an industrial type zoning. Planning Commission Chairman Brannen remarked that the proposed changes to be presented to the City Council should be done separately because of timing concerns. Chairman Belden expressed concerns with regard to information received during the latest Metroplan seminar which dealt with Board of Adjustment authority. Chairman Belden reiterated that a pole would be taken with regard to proposed changes to conditional uses in the zone ordinance. She asked that the pole be conducted and the change ordinance presented at the next regularly scheduled City Council meeting on June 1, 1995. Discussion ensued as to the length of proposed changes for conditional uses. It was decided that Chairman Belden would abstain from voicing her vote until the pole is completed. It was further decided that the pole would be conducted by the City Engineer's Office and the Office of the City Clerk at which time BOARD OF ADJUSTMENT DISCUSSION CONTINUED: the City Attorney will draft and present the ordinance to the Mayor's Office for sponsorship on the agenda. Chairman Belden called the next Board of Adjustment meeting for June 7, 1995 at which time the request for a child care facility in an M-2 zoning will be heard. ADJOURNMENT: Chairman Belden adjourn the meeting at approximately 5:10 p.m. Respectfully, __________________________ _________________________ Susan L. Davitt CHAIRMAN Leslie Belden BOARD OF ADJUSTMENT Secretary