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04 MAR 08 A G E N D A BOARD OF ADJUSTMENT MARCH 8, 2004 - 6:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting February 9, 2004 3. VARIANCE REQUEST(S): a. Building line setback variance 1237 Commons Drive Petitioner: Mr. Wallace b. Rear yard setback variance 1012 Latigo Trail Petitioner: Albert Tate, Jr. c. Height variance & Billboard Permit 8507 Highway 161 Petitioner: Arkansas Memorial Gardens ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 8, 2004 6:15 p.m. – 6:32 p.m. ATTENDANCE: Commissioners: Commissioners Martha Boyd, Kevin McCleary, William Montgomery, Chairman Stroud and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Stroud declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, second by Commissioner McCleary to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of February 9, 2004. MOTION CARRIED. VARIANCE(S): a. Building Line Setback Variance 1237 Commons Drive Chairman Stroud related that the item has been removed from the agenda per the petitioner. b. Rear Yard Setback Variance 1012 Latigo Chairman Stroud opened the public hearing at approximately 6:17 p.m. Mr. Albert Tate stated that his request is to add a master bedroom to the rear of the residence. He added that the construction would go beyond the rear yard setback. Commissioner Perry arrived at approximately 6:18 p.m. City Engineer Whisker clarified that the variance would be for 5.5 feet beyond the setback. In response to a question from Commissioner McCleary, Mr. Tate stated that the aesthetics would match the existing exterior of the residence and that the roof pitch would match the existing construction. Chairman Stroud noted that the residence adjacent to Mr. Tate’s home sits further back than Mr. Tate’s house currently. Chairman Stroud closed the public hearing at approximately 6:20 p.m. Commissioner Montgomery moved, seconded by Commissioner McCleary to approve a 6.0-foot rear yard setback variance at 1012 Latigo. MOTION CARRIED. c. Height Variance and Billboard Permits for Arkansas Memorial Gardens Chairman Stroud opened the public hearing at approximately 6:21 p.m. Mr. Steve Whitwell related that the property is approximately 40 acres, which is operated as a cemetery. He stated that across the rear of the property there is close frontage to the new Interstate. He explained that he would like to establish an on-premises monopole billboard fabricated with 14’ X 48’ “V” type, double sided with 60’ overall height. He noted that the elevation of the Interstate is built up so that the required height would need to 60’ because of the cemetery being lower than the Interstate. BOARD OF ADJUSTMENT REGULAR MEETING March 8, 2004 He then stated that he does not need a variance for the second billboard but is requesting a permit. He noted that the sign would be near the cemetery office building off Hwy 161 near the entrance. In response to a question posed by Chairman Stroud, Mr. Whitwell stated that given the “V” shape design of the billboard, it would be visible to traffic going both north and south on the Interstate. In response to a question posed by Commissioner McCleary, Mr. Whitwell related that there is approximately 3 feet between his rear property line and the Hwy right-of-way, explaining that the sign location would probably be 80’ from the Interstate. City Engineer Whisker noted that all billboards have to be reviewed by the Board of Adjustment regardless of the necessity of a variance. He noted that the billboard face is allowed to be 18’ X 55’ and the height allowed is 45 feet. He explained that the request is to increase the height of the pole because of the elevation of the Interstate. Discussion ensued as to whether the second sign would actually be located in the City limits. Mr. Whitwell explained that he entered into an agreement with other property owners to be annexed. He explained that the City limits goes to the property section line, adding that the rear part of the cemetery is in the City limits but part of the front is not in the City limits yet. He clarified that the Interstate billboard is inside the City limits but the sign for the front of the property may be just shy of being in the City limits. He stated that he is requesting permits for both signs and a height variance for the rear property billboard. In response to a comment from Commissioner Montgomery, City Engineer Whisker related that billboards would not be counted in the standard sign package allowable to a business. City Engineer Whisker related that billboards follow a separate set of guidelines. In response to a question from Mr. Whitwell, City Engineer Whisker stated that once the billboard is erected there would not be another billboard allowed for 1,000 feet north or south along Interstate 440 in the City limits. Chairman Stroud closed the public hearing at approximately 6:30 p.m. Commissioner McCleary moved, seconded by Commissioner Montgomery to approve the billboard height variance to 60’ along Interstate 440 and approve both billboard sign permit. MOTION CARRIED. ADJOURNMENT: Commissioner McCleary moved, seconded by Commissioner Boyd to adjourn the meeting at approximately 6:32 p.m. MOTION CARRIED. BOARD OF ADJUSTMENT REGULAR MEETING March 8, 2004 Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Stroud CITY CLERK - TREASURER