95 MAY 24.doc
MINUTES: 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.
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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
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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
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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
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