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10 SEP 13A G E N D A BOARD OF ADJUSTMENT SEPTEMBER 13, 2010 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting July 12, 2010 1-5 3. VARIANCE REQUEST(S): a. Accessory Building Variance 1705 McArthur Drive Petitioner: Kerrie Hurlbut and Mary Jo Bradley 6 b. Accessory Building Variance/ Storm Shelter 2001 McArthur Drive Petitioner: Georgia Hickingbotham Representative: Francis Smith 7-8 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: September 13, 2010 6:30 p.m. – 6:48 p.m. ATTENDANCE: Commissioners: Joe Ott, Art Brannen, Leroy Akridge, Joe Cummings, City Engineer Jay Whisker, and Chairman Chad Young were present ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Young declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Board of Adjustment meeting of July 12, 2010. MOTION CARRIED. VARIANCE(S): a. 2001 McArthur Drive Accessory Building Variance Chairman Young opened the public hearing at approximately 6:30 p.m. Ms. Francis Smith stated that she is taking care of the property for the owner, Ms. Georgia Hickingbotham, who is living in California. She related that she was in charge of having the storm cellar installed, explaining that she was not aware that she needed a building permit. Further explaining that she lives in the country and it did not occur to her that it was a requirement. She stated that Ms. Georgia Hickingbotham was contacted by mail of the violation and in turn contacted her to address the situation. She answered that the storm cellar was installed approximately three months ago. Chairman Young reviewed that the storm cellar does not meet the minimum property setback of 5’ from the property line. Ms. Smith related that the storm cellar is 3.5’ from the property line, noting that she is 1.5’ into the side yard setback. In response to a question from Commissioner Ott, Ms. Smith stated that the installation did not affect any utilities or easements. She then explained that the adjacent neighbor will be using the storm cellar, for her and her child. City Engineer Whisker stated that there is a 5’ building setback on the side yard, adding that it is more of a site issue than it would be for an underground structure. Ms. Smith then explained that Ms. Hickingbotham owns the home and allows her niece to live there. She answered that her niece is the one who wanted the storm cellar installed. She then explained that she has written authority to act on behalf of Ms. Hickingbotham, adding that Ms. Hickingbotham has other rental property in Little Rock that she manages. Discussion ensued regarding the contractor’s responsibility to be aware of the setbacks regulations and obtain the building permit. Ms. Smith stated that she was not aware that it was the responsibility of the contractor but would be aware in the future. City Engineer Whisker further explained that it would be better if the contractor applied for the permit, noting that if the work is not done correctly the City would BOARD OF ADJUSTMENT REGULAR MEETING September 13, 2010 6:30 p.m. – 6:48 p.m. refer back to the contractor and not the owner. Commissioner Ott advised Ms. Smith that she can call the City to make sure her contactor has gotten the building permit and done what is required. City Attorney Bamburg stated that most cities require a building permit, offering that she would be able to check on the status of that process. Commissioner Ott moved, seconded by Commissioner Akridge to grant a side yard setback variance as requested for an accessory building (storm cellar) at 2001 McArthur Drive. MOTION CARRIED. Chairman Young closed the public hearing at approximately 6:39 p.m. b. 1705 McArthur Drive Accessory Building Variance Chairman Young opened the public hearing at approximately 6:39 p.m. Chairman Young noted that the request is for a 2’ to 3’ side yard setback for a prefabricated accessory building. Ms. Kerrie Hurlbut answered that it is a 32’ X 12’ prefabricated Morgan storage building on a concrete slab. She then answered that it is the biggest building Morgan sells. In response to a question from Chairman Young, Ms. Hurlbut related that there are no utilities at this time to the building, adding that eventually there would be electricity and plumbing. Chairman Young clarified with City Engineer Whisker that the building is not on any easements. Ms. Hurlbut offered that she has a letter from her adjacent neighbor that states they are not in objection to the placement of the building. Ms. Hurlbut offered the letter to be made part of the record. Commissioner Ott moved, seconded by Commissioner Akridge to grant a variance as requested for an accessory building at 1705 McArthur Drive. MOTION CARRIED. Chairman Young closed the public hearing at approximately 6:42 p.m. Discussion ensued and City Engineer Whisker stated that he would research the status of a prior vehicle variance that was granted for 413 Warren Street in July. It was noted by Commissioner Akridge that two of the vehicles have been removed from the property. Chairman Young pointed out that there were no objections from neighbors regarding the two accessory building variance requests, asking what prompted Code Enforcement to cite these addresses. City Engineer Whisker related that Code Enforcement Officer Marty Sanady BOARD OF ADJUSTMENT REGULAR MEETING September 13, 2010 6:30 p.m. – 6:48 p.m. was no longer with the City, explaining that most of these types of citations were written by Mr. Sanady. He then explained that Ms. Hurlbut’s citation was the result of a compliant regarding outdoor storage of bird cages and other items. It was then discovered that there was a new Morgan building on the property, which was not permitted. It was also discovered that the building was over the 5’ side yard setback. He then answered that he is not aware of the circumstances regarding the citation at 2001 McArthur Drive. The Board then addressed the circumstance regarding the vehicle variance at 417 Braden Street, Commissioner Akridge noted that one of the vehicles has been removed and two are still remaining. City Engineer Whisker offered to research the situation and report back to the Board. ADJOURNMENT: Without objection, Chairman Young adjourned the meeting at approximately 6:48 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Chad Young CITY CLERK – TREASURER