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13 MAR 11A G E N D A BOARD OF ADJUSTMENT MARCH 11, 2013 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Meeting of February 11, 2013 1 3. VARIANCE REQUEST(S): a. Front Yard Setback Variance 200 Sparrow Road Petitioner: Jacksonville Partnership for housing LP (held over from February meeting) 2-3 b. Side Yard Setback and Maximum Square footage variances 812 Sorrells Drive Petitioner: Mona-Marie McIntosh 4-5 c. Sign Package Variance 8106 T.P. White Drive (Ace Liquor) Petitioner: Nick Pierce (information included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2013 6:25 p.m. – 6:48 p.m. ATTENDANCE: Commissioners: Alderman Howard, Jim Moore, and Chairman Ott were present. City Engineer Whisker and City Attorney Bamburg were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Ott declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Moore moved, seconded by Alderman Howard to approve the minutes of the regularly scheduled Board of Adjustment meeting of February 11, 2013. MOTION CARRIED. VARIANCE(S): FRONT YARD SETBACK VARIANCE 200 Sparrow Road (held over from February meeting) Chairman Ott opened the public hearing at approximately 6:30 p.m. The contractor explained that the house was constructed with 14” of the radius of the curve. City Engineer Whisker clarified that the house sits 14” into the setback but did not go into any easement. He stated that because the house is located on a corner, visually you couldn’t tell that it is not exactly lined up with the other houses. Discussion ensued and it was clarified that the Housing Authority constructed 55 homes and all have been sold. They are rental homes and the home at 200 Sparrow is occupied. City Engineer Whisker clarified that the houses constructed were given to the Housing Authority to manage, explaining that the a private developer will actually own the houses for 15 years plus 3 and then they will be deeded over to the Housing Authority. He went on to say that once they are deeded to the Housing Authority, the occupants have an opportunity to purchase the homes. Discussion ensued regarding the construction process of 55 homes within four months. Chairman Ott closed the public hearing at approximately 6:33 p.m. Commissioner Moore moved, seconded by Alderman Howard to approve the front yard setback variance of 14” at 200 Sparrow Road as requested. MOTION CARRIED with Chairman Ott voting AYE. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2013 6:25 p.m. – 6:48 p.m. b. 812 Sorrells Drive Side Yard setback and maximum square footage variance City Engineer Whisker clarified that the variance is for the 5’ setback and maximum square footage for the carport. He explained that the structure is one long carport with a center support. Chairman Ott opened the public hearing at approximately 6:34 p.m. Petitioner Mona McIntosh explained that she owns antique vehicles and would like to put them under the carport to protect them from the weather. She explained that she moved her fence so she could construct the carport in the proposed location. She stated that she has made many improvements to the property since purchasing the home. She noted positive input from the neighbors who always want to know who has done the work so they can hire them. City Engineer Whisker clarified that part of the improvements is a newly constructed accessory building located in the far right corner of the rear yard. He then noted that addition of a porch awning. He noted that the fence was previously on the City’s property and she has now moved that fence to her property line. He related that the carport will actually be in the front yard setback of Grace Street. Ms. McIntosh offered that she has put in a lot of landscaping; noting that she also bricked the entire house, and it was formally wood. She continued saying that she has put in a lot of work on the property to make it look nice. She then answered that she intends to use the space to also park her tractor and riding lawnmowers out of the weather. She stated that she also has an antique show truck. In response to a question posed by Chairman Ott regarding the older storage building being too close to the residence, City Engineer Whisker stated that the older storage building was on the property when Ms. McIntosh purchased the home. He stated that it is located too close to the fence as well as the home. He noted that the gutter line is actually over the shed’s roof. Discussion ensued and City Engineer Whisker clarified that Ms. McIntosh was originally going to have the shed moved to another location on the property but was not able to be moved. Commissioner Moore noted that the shed is fairly deteriorated, saying that it would not hurt to have it removed totally. He went on to say that his concern is that the shed is under the eve of the house, which is fire hazard. In response to a question posed by Chairman Ott, City Engineer Whisker stated that Code Enforcement has not seen the property in years. He went on to explain that it was seen 4 years ago when the other accessory building was constructed. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2013 6:25 p.m. – 6:48 p.m. Ms. McIntosh stated that the Code Enforcement officer did not say anything about moving the shed, but added that she did tell the officer that she wanted to move the shed. She stated that the shed is sinking and that is why the gutter system was put in. She went on to say that the shed does have stuff stored inside and it would take a lot to rearrange the contents. She added that if they construct the carport then they would have room to move some of the stuff out of the old shed and then tear it down. Commissioner Moore questioned the distance from the pool to the front of the connected carports. It was noted to be approximately 10 foot. City Engineer Whisker concurred. Ms. McIntosh stated that she has a very large back yard even with the 27’ swimming pool in the middle. In response to a question posed by Commissioner Moore, Ms. McIntosh stated that the front and sides would not be closed in and it would have a flat roof. City Engineer Whisker noted that the fence would actually act as a closure to one side of the carport. He then answered Commissioner Ott that to his knowledge there are no utilities in the rear of the property. Ms. McIntosh concurred that the utilities are located to the front of the property. In response to a question posed by Chairman Ott, Ms. McIntosh presented a petitioner signed by her neighbors, saying that they do not have any objections to the proposed carport. She presented the petitioner to the Board as a matter of record. Chairman Ott closed the public hearing at approximately 6:41 p.m. Commissioner Moore moved, seconded by Alderman Howard to approve the side yard setback variance and the maximum square footage variance for a carport to be constructed in the rear yard of the property located at 812 Sorrells Road contingent on the older shed being torn down and removed within 30 days of the carport construction being completed. MOTION CARRIED with Chairman Ott voting AYE. c. 8106 T.P. White (Ace Liquor) Sign Package Variance Alderman Howard exempted himself from discussion and/or any formal action, declaring a conflict of interest. The item of business was postponed to the next regularly scheduled Board of Adjustment meeting. It was the consensus that if the petitioner requests a special set meeting and a quorum without Alderman Howard can be present the City will make every effort to accommodate petitioner. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2013 6:25 p.m. – 6:48 p.m. ADJOURNMENT: Without objection, Chairman Ott adjourned the meeting at approximately 6:48 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Joe Ott CITY CLERK – TREASURER