96 JAN 24MINUTES: BOARD OF ADJUSTMENT MEETING
DATE AND TIME: Jan. 24, 1996 4:00 p.m. 4:50 p.m.
ATTENDANCE: Commissioners: Acting Chairman Rudy Reid,
Larry Baldwin, Jack Patton, B.J. Boroughs
City Engineer Duane Reel, Code Enforcement
Officer Vern Howell, City Attorney Robert
Bamburg, City Clerk Lula M. Leonard and
Deputy City Clerk Susan Davitt
PETITIONERS: Mr. L. Eugene Benson present and represented by Mr. Darrell F. Brown
Variance requested: (1) Waiver ref: 1969 Pontiac GTO parked at
204 Pike Ave., Jacksonville, AR
Violation of Section 18.08.030
of the Jacksonville Municipal Code
PETITIONER: RPM Management Co., Inc.
Variance requested: (2) Waiver for a conditional use (C-1)
in an M-2 zoned area ref: Jacksonville
Municipal Code Section 18.60.030
___________________________________________________________________
City Clerk Lula M. Leonard recorded those listed above in attendance. Acting Chairman Reid declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Patton moved, seconded by Commissioner B. J. Boroughs that the minutes of the Board of Adjustment Meeting of September 6, 1995 be APPROVED. MOTION CARRIED.
VARIANCE REQUEST (1) Mr. Luther Eugene Benson
Acting Chairman Reid introduced the first item of business as stated above and requested input from the petitioner, Mr. Luther Eugene Benson or his representative, Mr. Darrell F. Brown,
regarding the request.
Mr. Brown related that, over the past few years, Mr. Benson has been trying to restore the 1969 GTO that is the subject of the ordinance violation. He requested that a waiver be applied
in this case because of Mr. Benson's poor health. Under the care of a cardiologist, Dr. Robert A Lambert M.D. Mr. Benson is scheduled to undergo bypass surgery within the next three
to four weeks. Mr. Brown related that Mr. Benson's health was relatively good when improvements on the vehicle were begun, and that parts of the car are near completion. Mr. Benson
is reportedly unable to lift more
than thirty-five (35) lbs. but stated that with successful bypass
BOARD OF ADJUSTMENT MINUTES 24 JANUARY 1996 continued:
surgery and recuperation, Mr. Benson will complete the vehicle restoration. Mr. Brown then passed around a copy of a letter from
Dr. Lambert regarding Mr. Benson's condition.
City Attorney Bamburg advised that the letter from Dr. Lambert be made a part of the record, and the letter hereby included in these minutes as "Exhibit a".
Mr. Brown asked that a waiver be granted specifically due to Mr. Benson's health, adding that he has not willfully abandoned the car restoration project. He related that Mr. Benson's
vehicle is an antique, that he does want it to be restored to its previous condition, and he will work hard to do so.
When questioned, Mr. Benson stated that the car is almost ready to go to Jacksonville Paint and Body Shop. Mr. Benson related that it takes a lot of time to locate parts for older vehicles
and a few additional parts are needed.
Code Enforcement Officer Howell said that he tagged the vehicle because it has been sitting there for over one (1) year, in apparently, the same condition. Mr. Howell noted that, at
the time of tagging, the vehicle had no power train, no transmission, no front lights, no tail lights, no rear bumper, one front fender, no rear windows, and nothing on the inside door
panels, etc. He said that, in his opinion, the above noted things made the matter a violation of the ordinance. He then related that Mr. Brown timely requested a hearing on Mr. Benson's
behalf and that is why the Board is addressing the issue now.
A discussion ensued regarding whether or not a covering of the vehicle would meet ordinance requirements, and Mr. Howell stated that such is not addressed in the ordinance. He noted
the location of the vehicle as approximately thirty (30) feet from the roadway on Pike, thirty (30) to forty (40) feet from the side of the house in an open grassy area visible from
the street. A picture of the vehicle dated January 24, 1996 was submitted by Mr. Howell as a matter of record for the Board's review.
Mr. Benson related that the motor, etc. was removed from the car but will be installed after painting and body work is completed. He said that the interior will then be completed, adding
that he is still trying to locate a headliner. When questioned, Mr. Benson noted he has been in the process of restoring the vehicle for over eight years, and added that he is the sole
owner of the car purchased in 1969. He presented various pictures of a vehicle similar to the GTO that he completed restoration a few years ago, together with a photo of the '69 GTO
in question.
BOARD OF ADJUSTMENT MINUTES 24 JANUARY 1996 continued:
Mr. Brown asked that pictures provided be submitted to the Board and made a part of the record, and noted that one picture shows Mr.
Benson presently places a cover over the vehicle so that it will not be distasteful to the surrounding area.
Mr. Benson voiced that he mows around the vehicle.
Commissioner Boroughs questioned whether or not a carport is available at the residence. Mr. Benson said there is not, only that a cover is available, Benson adding that the car is
not presently covered.
Commissioner Baldwin questioned whether construction of a privacy fence would bring the matter of storage of the vehicle into compliance, and Mr. Howell, related that the matter of a
privacy fence is not addressed by the ordinance.
Mr. Brown injected that he was sure that when the ordinance was drafted it was not intended to be a cold, hard rule to apply in every situation, and that the Board has the authority
to look at a situation on a case by case basis to see whether or not the spirit of the ordinance when it was written has been violated.
He further related that Mr. Benson has been employed up to the time of his diagnosis of a very serious heart condition. Due to his illness, he has suffered lack of work and depletion
of income which has put him at another disadvantage. He suggested the Board consider allowing Mr. Benson to cover the vehicle in an acceptable manner until he is physically able to
finish the restoration. He said that there is a willingness to come back before the Board with regard to progress on the restoration project.
City Attorney Bamburg voiced that the intent of the ordinance was to provide if circumstances did not meet code requirements the request for a variance would come before the Board of
Adjustment. The Board would then make an appropriate determination regarding each request, on a case by case basis. He noted that the ordinance grants authority to the Board to make
such determinations and place whatever conditions and timeframes determined to be appropriate. He advised that a pattern will be set by the Board with this request, as it is the first
of its kind to be dealt with by the Board of Adjustment. He further suggested that perhaps, Mr. Baldwin's idea of a privacy fence might be considered, in that the vehicle would be out
of street view, and would not cause a
hazardous problem, and doing so could bring Mr. Benson into compliance with the ordinance.
BOARD OF ADJUSTMENT MINUTES 24 JANUARY 1996 continued:
Discussion ensued regarding a completion time possibility.
Commissioner Boroughs suggested that the Board give consideration to the special circumstances involved in the matter and grant Mr. Benson six months, beginning from the time of his
surgery, during which to bring the vehicle under discussion into compliance.
Comments were made by Commissioner Baldwin regarding options for clearing up the situation naming the possibility of a cover, a privacy fence, or moving the vehicle. He said that he
agreed with Commissioner Boroughs regarding the six-month time limit suggestion. Commissioner Patton stated six months seemed too long.
It was pointed out by Mr. Howell and City Engineer Reel that approximately 250 vehicles in all parts of the city have been cited as a violation to the ordinance. They informed the Board
that some approximately 35 have been towed by the City of Jacksonville, some are under covers and being worked on, and others have been moved by the owner.
There was discussion regarding a time limit before the matter should be brought back for review by the Board as related to Mr. Benson's health problems.
Commissioner Boroughs moved, seconded by Commissioner Baldwin, that Mr. Benson cover the vehicle at this time and that if the vehicle, a 1969 GTO, parked at present at 204 Pike, City
of Jacksonville, AR, has not been brought into compliance, repaired or moved from that location within six months after the date of his bypass surgery, that the matter be brought back
for review by the Board of Adjustment. MOTION CARRIED.
Mr. Brown is to provide the Board with a letter stating when Mr. Benson's surgery is held.
VARIANCE REQUEST (2) RPM MANAGEMENT CO., INC.
Acting Chairman Reid stated the variance request by RPM Management Co., Inc. is for a C-1 conditional use in an M-2 zoned area. He asked that the company representative present, Mr.
Ron Goss, address the request.
Mr. Goss said that RPM is in the process of presenting proposals to the Department of Human Services for construction of an approximate 12,500 square foot single story administrative
office facility on the property at the northeast intersection of West Main and Redmond Rd. He related that the property was posted January 16, 1996. He
BOARD OF ADJUSTMENT MINUTES 24 JANUARY 1996 continued:
voiced that a conditional use of C-1 is requested with regard to the approximate 4.5-acre M-2 zoned parcel, and that 125 parking spaces are designated for the facility.
Mr. Goss informed the Board that RPM has been assured that no kind of law enforcement or criminal agency will be placed in the facility but that specific use of the facility is not yet
known by the company. He said that the Department of Human Services is at
present trying to consolidate a number of state offices, and related that administrative offices will are likely to be located at this facility.
City Engineer Reel stated that the company will have to submit building plans to the Planning Commission in order to obtain a building permit, and added that parking is ample as presented
by Mr. Goss.
Commissioner Patton expressed concern with regard to occupancy of the facility. Discussion ensued as to possible uses of the building
and City Attorney Bamburg voiced that suspected child abuse, care for special disabilities, Medicaid, Medicare, and AFDC fall under the Department of Human Services. He noted that some
such offices now exist in the City of Jacksonville and that consolidation of administrative offices is likely.
Acting Chairman Reid asked for clarification with regard to the Municipal Code Section 18.60.030. City Attorney Bamburg related that in recent ordinance revisions, recommended by the
Planning Commission and approved by the City Council, conditional uses in specific zoned areas were provided to allow consideration of such uses by the Board of Adjustment. He said
the Board should consider what conditions might need to be placed on the request in order to justify granting such a variance.
Commissioner Boroughs voiced that he felt the request would be a plus for the area in lieu of what is permitted in an M-2 zoned district and Commissioner Baldwin agreed.
Mr. Goss displayed drawings with regard to the proposed construction and stated that his company is part owners in the endeavor. He pointed out that if the state does not award RPM
the contract, the building will not be built.
City Engineer Reel and City Attorney Robert Bamburg related that only the conditional use request by RPM applies in this Board of Adjustment action.
BOARD OF ADJUSTMENT MINUTES 24 JANUARY 1996 continued:
Commissioner Boroughs moved, seconded by Commissioner Baldwin, that the request by RPM for a conditional use of C-1 in an M-2 zoned parcel containing approximately 4.5 acres located
at the northeast corner of Main and Redmond Rd. be APPROVED. MOTION CARRIED.
Mr. Goss said that given state approval, construction should begin within six months with completion approximately six months thereafter.
ADJOURNMENT:
Commissioner Patton moved, seconded by Boroughs that the meeting adjourn at approximately 4:40 p.m.
Respectfully,
__________________________ ___________________________
Lula M. Leonard ACTING CHAIRMAN Rudy Reid
BOARD OF ADJUSTMENT
Secretary