96 FEB 14
MINUTES: BOARD OF ADJUSTMENT
DATE AND TIME: February 14, 1996 4:00 p.m. 4:23 p.m.
ATTENDANCE: Commissioners: Chairman Art Brannen,
Rudy Reid, Jack Patton, B.J. Boroughs,
Larry Baldwin.
Code Enforcement Officer Vern Howell
PETITIONER: Mr. Ray Patel (Hampton Inn)
Variance requested: Setbacks and Height Waiver which
violates Jacksonville Municipal Code
18.68.050
Mr. Andy West
Variance requested: Request Conditional Use in C-2 zoning
relates to Jacksonville Municipal Code
18.44.030
__________________________________________________________________
City Clerk Lula M. Leonard recorded those listed above in atten dance and Chairman Brannen declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Reid moved, seconded by Commissioner Patton that the minutes of the Board of Adjustment Meeting of January 23, 1996 be APPROVED. MOTION CARRIED.
Chairman Brannen voiced the request which was referred from the Planning Commission for action by the Board of Adjustment. He suggested that each request be dealt with separately.
HAMPTON INN:
Waiver on required setback from 50' to 30':
Chairman Brannen related that this request is to accommodate a canopy that is proposed for the front of the building.
City Engineer Reel injected that a sewer line located on the property which serves the adjacent business is the reason for the request, pointing out that they cannot relocate the proposed
construction without interfering with that easement.
Chairman Brannen pointed out that the building itself would be constructed behind the required 50' setback.
Discussion ensued as to general location of the proposed construction and various comments were made regarding the proposed sign for the property. Other discussion centered around circumstances
of how the sewer easement was built and came to be maintained by the City of Jacksonville.
BOARD OF ADJUSTMENT
February 14, 1996
Commissioner Reid moved, seconded by Commissioner Baldwin to grant a waiver for a front yard setback of 30' to accommodate a canopy. MOTION CARRIED.
Waiver on required side yard setback from 15' to 13'
Chairman Brannen inquired as to the reason for the requested variance.
City Engineer Reel related that it had been presented as such on the original plot plan and enumerated by the Planning Commission. It was further related by the City Engineer that the
two feet did not cause a problem for their construction either way. It was related that the petitioners did not object to keeping with the required 15' setback.
In response to a question posed by Commissioner Boroughs, City Engineer Reel related that 15' is the standard for commercial business unless they construct a fire wall with a four-hour
fire rating. He related that a fire wall has not been discussed with the architect of the project. He then related that it is his understanding that part of the reason for the requested
variance is to accommodate 16" pilasters to be located in the back of the building.
Commissioner Boroughs stated that he would like to keep the required 15' side yard setback, which would accommodate fire code for fire access, unless it would create a hardship for the
developer
Commissioner Boroughs moved, seconded by Commissioner Reid to deny the request and stay with the 15' setback. MOTION CARRIED.
Waiver for maximum height requirement:
Chairman Brannen related that the proposed construction is for a 32' 3 story building, advising that the Jacksonville Municipal Code reads 2 1/2 limit for stories and 35' for height.
It was related by City Engineer Reel that the proposed construction is more than 2 1/2 stories but less than 35'.
City Attorney Bamburg pointed out that if construction is more than 2 1/2 stories but under 35' a variance is still needed.
Commissioner Baldwin moved, seconded by Commissioner Patton to approve a waiver for a three story building under 35' in height. MOTION CARRIED.
BOARD OF ADJUSTMENT
February 14, 1996
MR. ANDY WEST: Conditional Use in C-2 zoning
Chairman Brannen related the conditional use request for an auto repair and glass shop to be located 2500 T.P. White Drive which was recently rezoned to C-2 by the Planning Commission.
City Attorney Bamburg explained the action which the Board has for consideration noting that auto repair is only a permitted use under C-3 and C-4 zoning classifications. He related
that any conditional use would require a waiver from the Board of Adjustment. He pointed out that auto repair usually includes mechanical repairs as well as glass repairs. He further
related that Mr. West's request falls under auto repair classification although he only desires to repair the glass portion of automobile repairs.
It was stated in general discussion that approval of this request by the Board would not allow for any other type of auto repair except glass.
Commissioner Reid questioned the method of storage for the glass materials which would be used in the operation of this type of business. It was disclosed that the materials would not
be stored outside.
Commissioner Patton related that after viewing the area, he could not see where the request would present a problem.
Chairman Brannen clarified that conditional use is a on temporary basis which would revert back to original status upon sale of the property or if Mr. West were to discontinue operation
of his business.
Commissioner Boroughs moved, seconded by Commissioner Reid to grant a conditional use variance for an auto glass repair shop located at 2500 T.P. White Drive. MOTION CARRIED.
Chairman Brannen adjourned the meeting at approximately 4:23 p.m.
Respectfully,
__________________________ _________________________
Lula M. Leonard CHAIRMAN Art Brannen
BOARD OF ADJUSTMENT