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17 AUG 14 A G E N D A BOARD OF ADJUSTMENT AUGUST 14, 2017 6:30 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of July 10, 2017 1-2 3. VARIANCE REQUEST(S): a. Maximum Square Footage Variance for an accessory building 3727 Grant Dove Petitioner: Kevyn Fowler 3-6 b. Setback Variance for Lighthouse Charter School gymnasium 251 North First Street Petitioner: Lighthouse Charter School Representative: Bond Engineering 7 (site plan included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: August 14, 2017 6:30 p.m. – 7:03 p.m. ATTENDANCE: Commissioners: Scholl, Brittenum, Brannen and Chairman White were present. City Attorney Bamburg and City Engineer Whisker were also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman White declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Healey to approve the regularly scheduled meeting minutes of July 10, 2017. MOTION CARRIED. VARIANCE(S): a. Maximum Square Footage Variance for an Accessory Building at 3727 Grant Cove Chairman White opened the public hearing at approximately 6:30 p.m. Petitioner Kevyn Fowler of 3727 Grant Cove stated that he is requesting a variance for his building at his residence. He related that it is a storage building to store his vehicles, trailer, and other household items. He answered Chairman White that the building is already in place on his property. Chairman White noted a correction to the plat showing the storage building, pointing out that the storage building is 1,116 square feet instead of the 1100 square feet as shown on the plat. Commissioner Healey questioned if there is a property owner association. Mr. Fowler stated that there was not a P.O.A. or H.O.A. as per the seller’s agent, adding that his agent was present to make sure that he did not have a P.O.A. or H.O.A. to contend with. Chairman White stated that there is not only an 1,116 square foot building but there is another accessory building that has a small front porch that is rather large. Mr. Fowler stated that building contains the yard maintenance equipment. He answered that he has already obtained the permit on that particular building. City Engineer Whisker stated that the City became aware of the two buildings after they had been put on the property. He related that the first building requires a variance regarding size or be cut down to less than 650 square feet as required by City ordinance. The second building was measured and was 648 square feet so it was granted a building permit from the City. He stated that the regulations also allow for up to 30% of the rear yard to have building, saying if measured Mr. Fowler would be allowed up to 5,800 square foot. He stated that there is several criteria such as not to be larger than 650 square feet, reiterating that the second building was larger. Mr. Fowler was asked to submit a request for a maximum square footage variance. He then answered Commissioner Healey that an accessory building cannot 1 exceed the height of the existing residence or 25’ whichever is less. BOARD OF ADJUSTMENT REGULAR MEETING August 14, 2017 6:30 p.m. – 7:03 p.m. Mr. Jim Dornblaser of 805 Christy Cove submitted a petition of 25 signatures from neighbors of the Bushwood Estates Subdivision. He read the petition as follow: Building Variance Protest Petition. “We, the undersigned property owners, submit this petition to Jacksonville Board of Adjustment in opposition to the request of Kevyn Fowler at 3727 Grant Cove to receive a variance and building permit even though he has already constructed a site built building and moved a portable building onto his lot. The buildings are in violation of City Ordinance Chapter 18.86.020. Mr. Fowler violated the thirty day notice required for variance approval, and he did not give proper notice or get approval from Mr. Chet Schirmer, the developer of Bushwood Estates Subdivision. He violated three covenants in the Bill of Assurance for Bushwood Estates Subdivision”. “The site-built building which is in full view of the street is not harmonious with other structures in the Subdivision, changes the essential character of the entire Subdivision and is not aesthetically comparable to other buildings. The site-built building is constructed of sheet metal. All other buildings of comparable size in the Subdivision are brick or siding and have been built in accordance with the Bill of Assurance to match and complement the homes. We, the undersigned believe these structures will harm the value of our properties”. We ask the Board of Adjustment to NOT approve the variance. Our City needs to support rules and regulations to ensure smart growth and development that makes sense in the context of the surrounding area and protects the property value of its citizens”. Mr. Dornblaser referenced a letter written by the Subdivision developer, Mr. Chet Schirmer signified that in July he tried to make contact with Mr. Fowler to let him know that he was not in compliance with the Bill of Assurance. He added that he did not answer, so Mr. Schirmer left him a copy of the Bill of Assurance and his telephone number, asking Mr. Fowler to contact him, Mr. Fowler never contacted him. Mr. Dornblaser stated that he and his neighbors feel as if a lot of this could have been avoided, saying that they have a great neighborhood, and all moved there for the same purpose and in turn they are not asking for anything unfair, just that everyone has to get along in this neighborhood. He submitted photographs of Mr. Fowler’s building along with photographs of other accessory buildings in the Subdivision. Commissioner Healey questioned if there were any concerns from the neighbors regarding the smaller temporary building. Mr. Dornblaser stated that there were concerns, saying that he lives toward the front of the neighborhood so he was unaware of the building. He stated that the Subdivision does not have an official property owners’ association, adding that Chet Schirmer, the developer, is fulfilling his military obligation tonight with the Air Force so he was unable to attend tonight’s meeting. He stated that Mr. Schirmer is really the one who would approve all accessory buildings regarding the Bill of Assurance. He related that Mr. Schirmer left a letter stating that the building was not in 2 BOARD OF ADJUSTMENT REGULAR MEETING August 14, 2017 6:30 p.m. – 7:03 p.m. compliance with the Bill of Assurance in Mr. Fowler’s mailbox in July. He reiterated that Mr. Fowler never contacted Chet Schirmer. Commissioner Healey questioned what the responsibility of the Board of Adjustment is to a property owners’ association. City Attorney Bamburg stated that we only enforce code provisions; it is up to the property owners’ association or the property owners individually as to whether they enforce the Bill of Assurance provisions. Chairman White asked for a show of hands from the audience for those in attendance that oppose the variance. He then asked if there was anyone who wished to speak offering additional information. Mr. Reginald Ford of 3725 Grant Cove, next door to Mr. Fowler, stated that he just became aware of this 1.5 hours ago. He related that he saw the portable building being put on the property, saying that it is located behind the house and is not of any concern. He then related, “the larger structure we are talking about is large and it does not match the neighborhood community really. One thing I would like to add is that I am one of the newest members to the neighborhood, I moved there about 2.5 years ago, it is an excellent neighborhood, we don’t have any issues”. He went on to say that in regards to the property owners’ association, he never got a property owners’ association information when he purchased his home. He stated that he would have built whatever he thought he wanted to build, adding that he would not have been aware of any restrictions. He stated that he was made aware of this petition approximately 1.5 hours ago. He then related that he had some concerns about the dogs that Mr. Fowler had and a neighbor told him to go and talk with Mr. Fowler instead of calling the City. He stated that he was going to call the City because he has a young daughter, and he though Mr. Fowler had Pit Bulls. He added that he talked to Mr. Fowler and he realized that they were not Pit Bulls and “the point is that I talked to Mr. Fowler”. He stated, “with this situation, when he was asked to sign the petition before he would sign it, I went to Mr. Fowler and talked to him, and I realized that it seemed like with this whole situation there was a communication issue”. “In the fact that nobody else has approached Mr. Fowler to talk, I am not one way or the other”. He said that he was in the bed when they came to his door, adding that in talking with Mr. Fowler he came to realize that there has been no communication with him personally, adding that Mr. Fowler is a “pretty good guy, he is pretty reasonable; with the dog situation we got it straight”. “I don’t have any more dog issues”. He related that Mr. Fowler assured him that he has plans that this thing would be bricked in 2 years. He added that after talking to Mr. Fowler, he understands that it doesn’t fit the neighborhood. He stated, “I told him that it is kind of an eye-sore for me too”. He reiterated that he lives next door to Mr. Fowler, adding that he was willing to be reasonable. He stated that there is an expenditure that Mr. Fowler put out for that, and Mr. Fowler did not know that it was in the P.O.A. just as he did not know. He stated that he could understand that, adding that he understands his neighbors. He stated that he “doesn’t have a dog in it, I don’t really care one way or the other, I’m Military, it doesn’t bother me like that”. He stated “in communicating, and that 3 BOARD OF ADJUSTMENT REGULAR MEETING August 14, 2017 6:30 p.m. – 7:03 p.m. is what I think has happened, there is a communication issue here, it hasn’t been communicated from talking to Mr. Fowler”. He offered that Mr. Fowler had said that he never got a response from Chet Schirmer. He reiterated that he is making the point that he believes it is just a communication issue. He stated “this is me, as his neighbor, right next door, I am the only one and his other next door neighbor, I live right next door so I am impacted by being right next door”. He related that he told Mr. Fowler that he would not have a problem with it if he has something in writing that said he would brick it and bring it to code with the rest of the neighborhood. He stated that as it is now, it is an eye-sore for him but he is willing to be reasonable to that respect. He added “and all I’m asking folks; is so we don’t get into this, that we at least be reasonable in our approach with that”. Director of Administration Jim Durham stated that he came to speak on behalf of the Mayor and himself. He thanked Kevyn for his service to the Country. He added the City has Codes, and Mr. Fowler failed to get a building permit. He related that there is not a city he is aware of any size in this Country that doesn’t have building codes, adding that he personally believes in his own opinion that Mr. Fowler knew he needed a building permit. He stated that everybody he deals with everyday, they come in to get a building permit, very rarely do you see somebody, especially not someone of his caliber in a real nice neighborhood. He continued saying that he is going to ask the Board of Adjustment to deny it or table it and see if Mr. Fowler can work something out with his neighbors and then bring it back to the Board. He then added that he understands that if the Board denies the request it cannot be brought back before the Board for one year. Mr. Fowler related that he purchased the building from a local Jacksonville merchant and he asked them about the building before he spent monies on both buildings. He stated that the merchant was Allport, which is right across the street. He related that he asked them about permits, he asked about if it is acceptable, and also he asked what it takes to actually put a building on his property. He continued saying that he took care of the taxes on the building there, and they took care of the building structure, adding, “I assumed that the permits would have came from the contractor on that end, since I asked, and that is how that came about, unknowingly but I asked”. He said, “these are my neighbors, I am a just man, but I put a plan out before I even got to this point”. He said he had a 2-year plan and he has it to be bricked, and that is a requirement. He continued saying that he believes we are here because it is a size variance that he is trying to get approved. He stated that because of the rest and there is knowledge in the package of what happened and what my intentions are, and how it is to be dealt with. He related, “I am not trying to go against my neighbors, because like I said, I am a just man and that is my home, that is where I lay my head every night”. He stated, “if I had known, because I made sure before I brought that property, was there a P.O.A. or H.O.A. that I would have to contend with, I made sure of that”. He stated that the agent told him, “no there isn’t and there isn’t”. He stated that he included his plans in the packet, bricking the building so it will 4 BOARD OF ADJUSTMENT REGULAR MEETING August 14, 2017 6:30 p.m. – 7:03 p.m. look like his house. He stated that what he did in the meantime, for what he could afford, he got the building the color of his house. He said that the color matches his house even though it is a steel building. He reiterated that he made his future plans available to the Board. He said that he is not trying to go against code but he would like a copy of the code variance that was brought up by one of his neighbors. He reiterated that he is not trying to break any laws or do any unjust diligence. He added that he just wants everything to be right, adding that he needs that space. He stated, “if I didn’t have that space, everything that I have in there would be outside, now which one would you like, because I’m pretty sure you would rather have it contained and looking nice versus everywhere”. He stated that his neighborhood is a premiere neighborhood and he would not have it any other way. He reiterated that he has put into the packet what he plans on doing. He said, “I ask if it could be tabled until that time, I would be more than happy to show you what I have done with my building”. Commissioner Scholl noted that the Bill of Assurance that has been provided to the Board appears to have been recorded in August of 1998, questioning Mr. Fowler if he or his agent checked at the Court House to see if there were any Bills of Assurance or Covenants recorded. Mr. Fowler replied, “well asking the agent that was actually before us, I mean you would think pretty much that he would know of everything that is continuing with that area”. “I would say so, I didn’t check but I did ask”. Commissioner Scholl to clarify, questioned if his agent had checked when he purchased the property. Mr. Fowler replied, “I asked in front of my agent and my agent was standing right there in front of their agent, so yes it was asked”. Commissioner School reiterated his question if he is aware whether his agent actually checked to see if something was recorded at the Court house. Mr. Fowler replied, “I’m not aware”. Chairman White clarified if Mr. Fowler is requesting that the variance request be taken off the agenda. Mr. Fowler answered, “I would ask to table it since, that way it would be able to come back”. “I put it in my paperwork before this even got to be this extreme what I had planned on doing with my property”. “Yes, sir. If it could be tabled, yes, I would love for it to be tabled”. Chairman White explained that it would take a motion to table the item of business or Mr. Fowler could withdraw his request. At this Mr. Fowler stated that he would like to withdraw his request and bring it back. 5 BOARD OF ADJUSTMENT REGULAR MEETING August 14, 2017 6:30 p.m. – 7:03 p.m. With no one else from the audience presenting to speak, Chairman White closed the public hearing at approximately 6:57 p.m. b. Setback Variance for Lighthouse Charter School gymnasium at 251 North First Street. Chairman White opened the public hearing at approximately 6:58 p.m. Mr. Aaron Robinson of Bond Engineering related that the School is building its last building, the gymnasium. He stated that originally the property was platted into one lot and then when the upper academy was constructed the property was replatted into several different lots, which had to do with flood plain issues. He then explained that the lower academy was in the flood plain and the upper academy was not. He related that they are proposing to build the gymnasium where doors line up and provide access for the fire truck, staying as far away from the flood plain as possible. He noted that the proposed building location is on the lot line, so they are requesting a zero lot line. He then answered Commissioner Brittenum that the location would be behind the lower academy with an access drive around the building, further clarifying that it will be where the portable buildings were before. He then concurred that part of the lot is still in the flood plain, saying that they want to keep the buildings that are in the flood plain with an “F” lot designation for insurance purposes. Chairman White noted that the area has two utility easements, which appear to be in the direct path of the proposed construction. Mr. Robinson explained that all the poles were put in to accommodate the modular buildings and will now be removed. He then answered that he does not recall an easement ever being recorded for the electrical poles. City Engineer Whisker stated that the reason for the variance request is because they are crossing the side lot line, noting that the School owns both properties so it should not be a problem. He then noted that the gravel road is to the rear of the property, adding that the only request he is aware of came from the Fire Marshall who requested that when the site plan of the building is approved that they asphalt the drive and then one that goes around the gymnasium. He stated that other than that request, the City does not have any exceptions with the request. Chairman White closed the public hearing at approximately 7:02 p.m. Commission Brittenum moved, seconded by Commissioner Healey to approve the side yard setback variance as requested for the construction of the Charter School gymnasium at 251 North First Street. MOTION CARRIED. 6 BOARD OF ADJUSTMENT REGULAR MEETING August 14, 2017 6:30 p.m. – 7:03 p.m. ADJOURNMENT: Without objection, Chairman White adjourned the meeting at approximately 7:03 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Rick White CITY CLERK – TREASURER 7