09 JULY 13A G E N D A
BOARD OF ADJUSTMENT
JULY 13, 2009
6:30 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting
May 11, 2009 1-6
3. VARIANCE REQUEST(S):
a. LED Sign/Billboard Variance
West Main Plaza
1920 West Main
Petitioner: Mr. Ron Watson 7
b. Minimum Acreage Variance under C-2 contingent upon
rezoning by Planning Commission
1100 North James Street
Petitioner: Perry Carpenter
Calvary Fellowship of Jacksonville 8
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: July 13, 2009 6:30 p.m. – 6:53 p.m.
ATTENDANCE: Commissioners: Bart Gray, Jr., Eric McCleary,
Art Brannen, Chairman Chad Young, City Planner Chip McCulley and City Engineer Jay Whisker were present
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman Young declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Gray moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Board of Adjustment meeting of May
11, 2009. MOTION CARRIED.
VARIANCE(S): a. LED Sign/Billboard Variance 1920 West Main Street
Chairman Young opened the public hearing at approximately 6:33 p.m.
City Planner Chip McCulley stated that the property is properly zoned for electronic signage, but added that it becomes a gray area with the sign being used for off-premise advertisements.
He explained that petitioner Mr. Ron Watts is requesting permission to advertise for off-premise advertisements, which would be considered a billboard. He related that billboards
are the only instance in the Codes that address off-premise advertisements. He stated that he feels this should be on a case-by-case basis, adding that his concern would be if the
City begins to allow this type of advertisement with LED signage it will be more and more prevalent. He stated that the City has to discern if we want to start allowing off-premise
advertisements for this type of signage.
Discussion ensued and it was noted that four or five years ago when the sign committee was charged with updating the Codes, LED signage technology was not as common as it is today.
City Engineer Jay Whisker stated that the biggest concern at the time was the lighted portable signage with the large flashing arrows.
City Planner Chip McCulley stated that off-premise advertisements are restricted to billboards, which are regulated by zoning. It was noted that all billboards are approved by the Board
of Adjustment.
City Engineer Jay Whisker recalled that the LED sign in front of Gwatney was granted a variance because of height, adding that it is his understanding that they do not advertise for
off-premise advertisements.
City Planner Chip McCulley noted that this would be the first time an LED sign at a building location is advertising more than just the businesses located at the premise.
City Planner Chip McCulley cautioned that Codes would need to be updated so as not to open this type of advertising without City review.
City Engineer Jay Whisker offered that in this particular instance with the sign being at the corner and not being really large, it is not that intrusive. He added that he does feel
there needs to be legislation in place for future considerations.
Mr. Ron Watts then answered that the signage has been in place for six
BOARD OF ADJUSTMENT REGULAR MEETING
July 13, 2009 6:30 p.m. – 6:53 p.m.
months. City Planner Chip McCulley added that he has not received any complaints regarding the sign.
Mr. Watts then offered that the sign has an automatic adjustment for brightness to keep it from being offensively bright at night.
Commissioner Brannen moved, seconded by Commissioner McCleary to grant the variance as presented. MOTION CARRIED with Chairman Young voting AYE. Commissioner Gray abstained from the
vote.
Chairman Young closed the public hearing at approximately 6:48 p.m.
b. Minimum Acreage Variance under C-2 contingent upon rezoning by the Planning Commission for property located at 1100 North James Street.
Chairman Young opened the public hearing at approximately 6:49 p.m.
City Planner Chip McCulley informed the Board that Mr. Carpenter had requested a rezoning of the property when it was discovered at the previous Planning Commission meeting that the
property did not meet the minimum acreage requirement for property zoned C-2. He noted that C-2 requires a two-acre minimum. He noted that the parcel is directly north of Green Properties
Plaza and is smaller than Mr. Carpenter’s parcel, but is zoned C-2. He stated that Mr. Carpenter’s parcel consists of .92 acres. He stated that it would be staff’s recommendation
to approve, noting that it matches the adjacent property. He then explained that the development plans are for a shopping plaza similar to the one that is adjacent.
Mr. Carpenter stated that the buyer wants to move the residence and build a cell phone store.
City Planner Chip McCulley noted that the buyer is proposing to develop a three or four space shopping plaza.
It was noted that the property directly across the street is a convenience store with a C-3 zoning and is much smaller than this property.
City Engineer Jay Whisker noted that the property south of the convenience store is zoned C-4.
Commissioner Gray moved, seconded by Commissioner Brannen to allow a minimum acreage variance for property located at 1100 North James Street as requested. MOTION CARRIED.
Chairman Young closed the public hearing at approximately 6:53 p.m.
BOARD OF ADJUSTMENT REGULAR MEETING
July 13, 2009 6:30 p.m. – 6:53 p.m.
ADJOURNMENT:
Without objection, Chairman Young adjourned the meeting at approximately 6:53 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Chad Young
CITY CLERK – TREASURER