01 AUG 13
A G E N D A
BOARD OF ADJUSTMENT
AUGUST 13, 2001 - 5:30 P.M.
CITY HALL COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regularly Scheduled Meeting
July 9, 2001
VARIANCE REQUEST:
a. Square Footage Variance
26 Wight Circle
Petitioner: Thomas L. Martin 3
b. Vehicle Storage Variance
603 Stevenson Street
Petitioner: Alvin L. Winstead 4-6
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: August 13, 2001/ 5:35 p.m. 6:00 p.m.
ATTENDANCE: Acting Chairman John Hardwick, Commissioners:
Bobby Lester and Martha Boyd
City Engineer Whisker
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City Clerk Susan Davitt recorded those listed above in atten dance and Acting Chairman Hardwick declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Boyd moved, seconded by Commissioner Lester to approve the minutes of the regular Board of Adjustment meeting of July 9, 2001 as presented. MOTION CARRIED.
VARIANCE(S) REQUESTED:
a. SQUARE FOOTAGE VARIANCE/26 WRIGHT CIRCLE
Acting Chairman Hardwick opened the public hearing at approximately 5:36 p.m.
Mr. Thomas L. Martin of 26 Wright Circle related that he is proposing to construct a 24’ by 36’ shop/garage/storage building unattached from the primary residence. He presented a plat
depicting easement location, pointing out that there is adequate room between the five-feet required setback for either side and the ten-foot setback from the fence line to construct
a building of those dimensions. He related that it would have conventional framed construction, and white vinyl siding to match the primary residence.
Acting Chairman Hardwick asked if the roof construction would be the same as the residence.
Mr. Martin explained that the roof of the residence is cable built, adding that he prefers to have a hip roof for the proposed accessory building. He then added that he does not have
plans at this time to put mechanical or electrical into the building, but does intend to provide necessary foundation, footing and slab penetrations for the addition of that at a later
date. He pointed out that he is proposing to construct the building himself, adding that the electrical would be the most expensive part. He explained that he has an old classic car
that he would like to move from his driveway and store.
Acting Chairman Hardwick closed the public hearing at approximately 5:40 P.M. and asked about access to the proposed building.
Mr. Martin explained that the location of double gates, which would allow him access to the proposed building.
Acting Chairman Hardwick questioned the need for a 24’ by 36’ accessory building.
Mr. Martin explained that the proposed building would also be used for storage and a workshop, further explaining that he is approximately ten years from retiring.
BOARD OF ADJUSTMENT REGULAR MEETING
August 13, 2001 continued:
In response to a question regarding the proposed height of the building, Mr. Martin related that many of the homes in the neighborhood are two-story and he had considered constructing
a second story, but added that he was undecided. He explained that because he was building the building himself, he is not sure he would know how to construct a second story and feels
more confident with single story construction. He added that he felt there would be plenty of time to decide prior to obtaining the building permit.
Commissioner Lester asked if he had had an opportunity to visit with his neighbors regarding the proposed building.
Mr. Martin explained that he had spoken with the three immediate neighbors to his residence and they did not express opposition.
Acting Chairman Hardwick clarified that the request is approximately 33 percent larger than the maximum requirement for an accessory building.
Commissioner Lester noted that the square footage would be 864 feet. He then questioned similar requests.
City Clerk Susan Davitt agreed with Acting Chairman Hardwick that most variances granted by the Board of Adjustment have been for a lesser degree of square footage. She then stated
that to her knowledge she was not aware of any variances that include a second story.
Mr. Martin presented a two story conceptual drawing of the front view of the proposed building, adding that he is not locked into a two-story development.
Acting Chairman Hardwick stated that the neighborhood would be marginally affected by a one-story as opposed to a two-story, and expressed concern for future use of the building if the
property were sold.
Mr. Martin stated he understood there would be no control over future use of the building if the house sold, but pointed out a high roof metal building on Wright Street that was already
there when he purchased his home.
Commissioner Lester asked the petitioner if cutting back from 36’ to 32’ feet would hinder his plans, providing for a total of 768 sq. ft.
Mr. Martin responded that it would not.
Commissioner Lester moved, seconded by Commissioner Boyd to approve the request for a single story accessory building 24 by 32 feet totaling 768 sq. ft. and conforming to the residential
aesthetics of the residence located at 26 Wright Circle. MOTION CARRIED.
b. Vehicle Storage Variance/603 Stevenson Street
Acting Chairman Hardwick introduced the item of business and opened the public hearing at approximately 5:45 p.m.
BOARD OF ADJUSTMENT REGULAR MEETING
August 13, 2001 continued:
Mr. Alvin Winstead related that he owns a 1936 Dodge panel truck and a 1939 Bantam truck, adding he has constructed a privacy fence to store the two antique vehicles, he presented photographs
to the Board saying that the vehicles and two car trailers have been moved from the driveway to the backyard behind the privacy fence. He stated that he is rebuilding the cars and
is currently gathering parts, adding that he has two years before retiring and plans to keep the cars as projects. He related that he has obtained a written & signed statement from
both adjacent property owners that they do not object to the Bantam and the Dodge trucks being enclosed behind the privacy fence at 603 Stevenson Street.
Discussion ensued as to when the Code Enforcement Officer tagged the vehicles; Mr. Winstead stated that the Code Enforcement Officer told him that the vehicles have been observed for
approximately six years, adding that he has not owned the Dodge panel truck for six years.
Mrs. Winstead interjected that the privacy fence was completed on the 7th and 10th of July and vehicles were tagged on the 23rd of July. Stating that her point is that they were in
the process of moving the vehicles before they were tagged.
Acting Chairman Hardwick stated that he had questions of a legal nature regarding Ordinance 1154. He pointed out that the ordinance provides authority to the Code Enforcement Officer
regarding discretion to ascertain if the antique vehicle is showing signs of restoration.
City Engineer Whisker stated that it was his understanding that the vehicle did not show signs of restoration and was tagged.
In response to question from Acting Chairman Hardwick, City Engineer Whisker related that the support data consists of a standard form that is used to tag the vehicles whether it is
in a Street right-of-way or in a private yard. He related that it is his understanding that the vehicle can be tagged if it is located in a Street right-of-way plus seven feet. He
related that the ordinance allows seven days for vehicle parked in yards to be removed. He stated that the car must be operational or show active signs of restoration.
Acting Chairman Hardwick stated the ordinance outlines considerations for inoperable vehicles, stored vehicles, and antique vehicles, asking under what category the vehicles were being
considered when the vehicles were tagged.
City Engineer Whisker pointed out that seven days would be the allowable time limit for inoperable, stored or antique vehicles not showing signs of restoration.
In response to a question posed by Acting Chairman Hardwick, Alderman Stroud stated that the primary intent of the ordinance was to address junk problems for vehicles not being restored.
He added that vehicles stored behind a privacy fence were not directly addressed, other than to require the vehicle to be in an enclosure.
BOARD OF ADJUSTMENT REGULAR MEETING
August 13, 2001 continued:
City Engineer Whisker clarified that “enclosed,” meant a garage.
Alderman Stroud related difficulty defining enclosed during the committee meetings, explaining that at one time it just meant a roof, but was changed. He went on to say that there were
two primary considerations, one being the appearance from the street and the other being health and safety issues regarding vehicles placed in backyards and the grass not being mowed
which promotes vermin that may travel to neighboring yards.
Acting Chairman Hardwick remind everyone that the only appeal from the Board of Adjustment is through the courts, pointing out that this is the first vehicle storage variance requested
since the passage of the ordinance. He related that his question for legal advice would be if the Board could grant a variance with an expiration time.
In response to a question by Acting Chairman Hardwick, Mr. Winstead related assurances that he was collecting the necessary parts to complete the restoration.
Acting Chairman Hardwick suggested that the item be table until authority regarding a time factor can be addressed through legal channels.
Commissioner Boyd moved, seconded by Lester to table the item of business until the next regularly scheduled meeting pending a determination from the City Attorney regarding the authority
to grant a variance of this nature on a time basis.
Alderman Stroud explained that the City Council’s intent was to accomplish a cleanup of the blight areas in the City, adding that laws are of a blanket nature, and become difficult in
certain situations to apply across the board. He stated that it is the City Council’s responsibility to make laws that will benefit all citizens of Jacksonville and it is the Board
of Adjustment’s responsibility in certain cases to mitigate extenuating circumstances without circumventing the City Council’s intent.
At this time, MOTION CARRIED.
ADJOURNMENT:
Acting Chairman Hardwick adjourned the meeting at approximately 6:00 p.m. MOTION CARRIED.
Respectfully,
_________________________ _____________________________
Susan L. Davitt Mark Perry
CITY CLERK - TREASURER CHAIRMAN