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08 JAN 14A G E N D A BOARD OF ADJUSTMENT JANUARY 14, 2008 5:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting November 12, 2007 1-2 3. VARIANCE REQUEST(S): Billboard permit & variance 8507 South Highway 161 Petitioner: Arkansas Memorial Gardens Representative: Hurley & Whitwell 3-7 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: January 14, 2008 5:35 p.m. – 5:41 p.m. ATTENDANCE: Commissioners: Mark Perry, Bart Gray, Jr., Glen Keaton, Tom Evans, Chairman Brannen, and Acting City Engineer Whisker were present _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brannen declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Evans moved, seconded by Commissioner Perry to approve the minutes of the regularly scheduled Board of Adjustment meeting of November 12, 2007 as presented. MOTION CARRIED. VARIANCE(S): Billboard permit & variance Chairman Brannen opened the public hearing at approximately 5:35 p.m. Mr. Steve Whitwell informed the Board that he is the owner of the cemetery property known as Arkansas Memorial Gardens. He noted that the cemetery backs up to Highway 161, explaining that he had been granted a billboard height variance from the Board of Adjustment two years ago regarding a visibility issue because of the height of the bridge. Discussion ensued regarding the annexation of cemetery property on Hwy. 67/167 and the possibility of a City street being developed along the east right-of-way of Interstate 440. Mr. Whitwell explained that if the street is constructed is would most likely utilize a portion of Arkansas Memorial Gardens’ property, further explaining that if this billboard is placed 1,000 feet from the existing billboard it would be directly on the property that would later be utilized by the City to construct the new street. He related that he is requesting a 100’ distance variance from the existing billboard making the distance between the two 900’ instead of 1,000’. He related that this would be the second billboard, aside from the existing one for Arkansas Memorial Gardens, and would not violate the four per mile requirement. Mr. Whitwell then related that he would also request a height variance to an overall height of 80’, adding that he would need the height variance to achieve visibility for both sides of the billboard. He then pointed out that there is a substantial elevation on Hwy. 167. Discussion ensued regarding additional property owners and the placement of a frontage road along I-440 to Hwy. 67/167, explaining that the road would be built in the same proximity of the billboard if placed at the regulated 1000 feet. He then noted that eventually the road would cross over Hwy. 67/167 and connect to Municipal Drive at Redmond Road. He stated that if a TIF district is enacted it would pay for the road development and is currently a part of the Master Street Plan. He reiterated that the billboard would need to be moved to provide for road development. He explained that the Highway Department would need approval from the City before they would review and approve the request. He then answered that the billboard would be used to sell advertising space. In response to a question from chairman Brannen, Mr. Whitwell stated that BOARD OF ADJUSTMENT REGULAR MEETING January 14, 2008 Waste Management has been notified regarding the proposal to place the billboard. Mr. Whitwell stated that he would be willing to offer the City a right-of-way for the proposed road. Acting City Engineer Whisker stated that it would not be cost worthy to relocate the billboard. He explained that billboards are generally kept when possible to 1,000 feet apart. He stated that the variance would be for an 80’ height and 900’ distance. He stated that the vertical variance is 40’. He pointed out that Mr. Whitwell was previously granted a variance for a separate billboard located on Hwy. 161. Chairman Brannen closed the public hearing at approximately 5:41 p.m. Commissioner Gray moved, seconded by Commissioner Perry to grant a billboard permit with a distance and height variance regarding a billboard to be located on property addressed as 8507 South Hwy. 161. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brannen adjourned the meeting at approximately 5:41 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Art Brannen CITY CLERK – TREASURER