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03 OCT 13 A G E N D A BOARD OF ADJUSTMENT OCTOBER 13, 2003 - 6:00 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting September 8, 2003 1-7 3. VARIANCE REQUEST(S): a. Accessory Building Maximum Square Footage Variance 205 Otter Place Petitioner: Fred W. Hicks Jr. (tabled from September meeting) 8-11 b. Accessory Building Maximum Square Footage Variance Height and Rear Yard Setback Variance #6 Foxboro Cove Petitioner: Mark Perry 12-14 c. Side & Rear Yard Setback Variance 2711 T.P. White Drive Petitioner: Clayton Engineering, Inc. 15-16 d. Side Yard Setback Variance 409 Braden Street Petitioner: Jane E. Tallent 17-18 e. Sign Variance First Electric Property on Loop Road Petitioner: Murrell Taylor Elementary 19-21 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 13, 2003 6:00 p.m. – 6:57 p.m. ATTENDANCE: Commissioners: Susan Dollar, Kevin McCleary, Glen Keaton, Martha Boyd and Chairman Perry City Representative, City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Perry declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, second by Commissioner McCleary to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of September 8, 2003. MOTION CARRIED. VARIANCE(S): SQUARE FOOTAGE VARIANCE at 205 Otter Place of 880 square feet. Chairman Perry opened the public hearing at approximately 6:05 p.m. Commissioner Dollar moved seconded by Commissioner Boyd to remove the square footage variance request regarding 205 Otter Place from being tabled and place it on the floor for discussion. MOTION CARRIED. Mr. Guy Donahue stated that he would be addressing the request as representative for Mr. Fred Hicks Jr. the resident of 205 Otter Place. He related that he is familiar with the Board’s concerns regarding height, adding that the variance request is for a square footage variance. He stated that if the building were less than 650 square feet there would not be a need to apply for a variance. City Engineer Whisker related that in speaking with some of Mr. Hicks neighbors, they expressed concerns regarding the height and visibility of the structure. He questioned if Mr. Hicks would be amenable to constructing a privacy fence and then expressed his concerns regarding drainage considerations. Mr. Donahue stated that he did not feel Mr. Hicks would want to construct a privacy fence, adding that the fence currently has a flowering vine (honeysuckle) that provides privacy. He added that Mr. Hicks did not express a desire to build a privacy fence. The Board viewed photographs of an example of the proposed building. Discussion ensued and Mr. Donahue stated that the front of the proposed structure would be enclosed with garage doors and would have cedar siding when completed. He noted that Mr. Hicks has experienced some problems locating the same type of cedar that he has on the main residence but added that the appearance would be in conformity with the main residence. In response to a question posed by City Engineer Whisker, Mr. Donahue stated that Mr. Hicks intends to address drainage concerns as previously discussed with City Engineer Whisker. Other discussion ensued as to lowering the height of the structure and it was not deemed possible because of the flood elevations in the area. It was noted that the main residence is 1’ above the flood plain. BOARD OF ADJUSTMENT REGULAR MEETING October 13, 2003 6:00 p.m. – 6:57 p.m. Mr. Donahue stated that it would take a significant amount of fill dirt to bring the structure to proper flood elevation. City Engineer Whisker reiterated that his main concern would be that the drainage be addressed properly. He then pointed out that the placement of the structure should not impede mowing conditions around the building. Commissioner McCleary moved, seconded by Commissioner Dollar to grant a maximum square footage for an accessory building at 205 Otter Place contingent that the structure be completely enclosed, feature cedar siding when completed and that drainage issues be addressed to the satisfaction of the City Engineer. MOTION CARRIED. Chairman Perry closed the public hearing at approximately 6:17 p.m. b. SETBACK VARIANCES at 2711 T.P. White Drive Chairman Perry opened the public hearing at approximately 6:19 p.m. Mr. Jim Butler stated that he is representing Clayton Engineering and property owner Mr. Brad Medlock, adding that he is the surveyor regarding the project. He related that Mr. Medlock is proposing to construct mini storage units at 2711 T.P. White Drive. He added that there would be approximately 80 storage units and 3 spaces for covered boat storage. He stated that Mr. Medlock is requesting waivers to allow a 25-foot front yard setback instead of a 50-foot front yard setback, a side yard setback waiver of 4 feet and a rear yard setback waiver of 2 feet regarding the covered boat storage area and a 6-foot setback waiver for the storage units. He explained that the side yard waivers would accommodate the construction of a 20-foot wide lane through the development for vehicle access. It was noted that the development when completed would be approximately 12-feet from the tower property. Mr. Butler then related that the development would be fenced with two gates in the front, adding that the mini warehouse wall would act as a fence along both sides of the property. He then reviewed landscaping considerations for the front of the property featuring a green space area entering the property. Commissioner Keaton questioned the elevation of the covered boat storage spaces and Mr. Butler stated that he was not exactly sure but thought that it would be in the neighborhood of 8 to 10 feet. City Engineer Whisker reviewed the request informing the Board that the property had been rezoned to C-3 approximately two months ago. He noted that C-3 would carry a 50-foot front yard setback, noting that the Highway Department has considerations for the property regarding a proposed on-ramp to be located on T.P. White Drive. He added that he feels the front yard setback of 50-feet should be observed given future Highway Department plans. Chairman Perry closed the public hearing at approximately 6:30 p.m. BOARD OF ADJUSTMENT REGULAR MEETING October 13, 2003 6:00 p.m. – 6:57 p.m. Commissioner Dollar moved, seconded by Commissioner Boyd to approve the side and rear yard setback variances, to deny the front yard variance keeping it at 50-feet and requesting that proposed landscaping considerations regarding a front green space area be kept as part of the design plan. MOTION CARRIED. c. SIDE YARD SETBACK VARIANCE at 409 Braden Street Chairman Perry opened the public hearing at approximately 6:31 p.m. Petitioner Jane Tallent stated that she would like to request permission to construct a 16 X 16 room addition that would line up to the existing exterior west side of the home. She explained that the home has been built since 1959 and is not in compliance with current side yard setback regulations. City Engineer Whisker related that the 5-foot side yard non-compliance was discovered when Mrs. Tallent applied for a building permit. Mrs. Tallent then answered that the existing walk would be torn out and that there would no longer be a side entrance into the home. City Engineer Whisker answered that there are not any flood plain considerations regarding the property. Discussion ensued regarding the room addition being approximately 50 to 60 feet from the street. Mr. Tallent related that most of the homes in the neighborhood have added rooms on between the garage and the residence, adding that her room addition would be consistent with the neighborhood appearance. Chairman Perry complimented Mrs. Tallent regarding the new vinyl fencing. It was discussed that the addition would not exactly match the overhang of the existing structure but would be approximately 2” less. Chairman Perry closed the public hearing at approximately 6:39 p.m. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the side yard setback variance to match the existing structure at 409 Braden Street as requested. MOTION CARRIED. d. SIGN VARIANCE for Murrell Taylor Elementary School regarding off-site signage at the adjacent First Electric Cooperative property at 1000 Loop Road Chairman Perry opened the public hearing at approximately 6:40 p.m. Mrs. Karen Ellis stated that she serves as the PTA President and is representing the request for a sign to be placed on the First Electric Cooperative property. She explained that First Electric has agreed to let Murrell Taylor Elementary School have a sign placed on their property; but BOARD OF ADJUSTMENT REGULAR MEETING October 13, 2003 6:00 p.m. – 6:57 p.m. that she has not been able to obtain the letter of permission yet. She related to the Board that the proposed sign would be constructed and erected by a professional sign company and would cost approximately $7,000, adding that the sign is also vandal proof. She added that the sign face would be 5 X 10 feet mounted on a 6-foot pillar. Chairman Perry closed the public hearing at approximately 6:42 p.m. Commissioner Boyd moved, seconded by Commissioner Dollar that the request for an off-site sign at 1000 Loop Road for Murrell Taylor Elementary School be approved pending letters of permission from adjacent property owners before the permit is issued. MOTION CARRIED. e. Maximum Square Footage, Height and Rear Yard Variance #6 Foxboro Cove Chairman Perry recused himself as Chairman to address the item of business as the petitioner. Commissioner Keaton took Chair of the meeting. Acting Chairman Keaton opened the public hearing at approximately 6:43 p.m. Petitioner Mark Perry submitted a new drawing of the proposed accessory building, explaining that he would like to construct an accessory building approximately 14 X 24 feet instead of the original request of 16 X 30 feet. He added that he has visited with most of his neighbors, noting that John and Pat Vanderhoof live in the home adjacent to the rear. He stated that he is also seeking a height variance and explained that he would like to construct a loft area with 6-foot walls, adding that the building would also have electric, water and cable. City Engineer Whisker noted that the Jacksonville Municipal Code restricted the height not to exceed 25’ or top of the house whichever is less. Mrs. Pat Vanderhoof of 14 Foxboro Cove stated that her main concern is the height variance, mentioning her concern regarding resale & property values. She stated that she is not so much concerned with the rear yard variance, although she added concerns for a structure of that height to be located 2.5 foot from the property line. She mentioned considerations for a 6-foot privacy fence and trees on the property line. Commissioner Dollar also mentioned concerns for screening the view from the rear. Mrs. Vanderhoof stated that she would not be opposed to a one-story accessory building, and that she would not object to the rear yard variance. Discussion ensued regarding the rear yard setback and it was noted that there is an existing easement, which would require that the accessory building be located eight feet from the rear property line. Other discussion followed regarding the relocation of the accessory building to accommodate the rear easement. Mr. Perry also mentioned considerations for reducing the square footage BOARD OF ADJUSTMENT REGULAR MEETING October 13, 2003 6:00 p.m. – 6:57 p.m. to 12 X 24. It was noted that a rear yard variance would not be necessary if the building were moved eight feet from the rear property line, other considerations were mentioned that in order to construct in the rear easement the owner would have to have letters of permission from the perspective utilities which claim the dedicated easement such as water, sewer, and cable. Mr. Perry stated that he may desire to change plans for the accessory building and was not sure he would still require a height or rear yard variance. Acting Chairman Keaton closed the public hearing at approximately 6:55 p.m. Commissioner Dollar moved, seconded by Commissioner Boyd to table the request until further notice from the petitioner. MOTION CARRIED. ADJOURNMENT: Acting Chairman Keaton adjourned the meeting at approximately 6:57 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Perry CITY CLERK - TREASURER