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22 SEP 12 A G E N D A BOARD OF ADJUSTMENT SEPTEMBER 12, 2022 5:30 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of July 11, 2022 1-10 August 8, 2022 11 3. VARIANCE REQUEST(S): a. Sign Variance 1011 West Main Street, Suite 1 Petitioner: Michael Williams 12 (photos included in packet) b. Accessory Building Maximum Square Footage Variance 1001 Steeple Chase Cove Petitioner: Robin Regnas 13 (plan included in packet) c. Accessory Building Maximum Square Footage Variance 2105 Cloverdale Road Petitioner: Gaylin Bradford 14 (plan included in packet) BOARD OF ADJUSTMENT September 12, 2022 continued: d. Billboard Review/Setback Variance 2030 John Harden Drive Petitioner: Lamar Outdoor Advertising 15 (picture and plans included in packet) e. Billboard Review 401 Municipal Drive Petitioner: Summit Locations LLC 16 (site plan & sketch included in packet) f. Sign Package Variance 1815 North First Street Petitioner: Grill Pollo Representative: Ace Sign Company 17 (plans included in packet) g. Rear Yard Setback Variance Timber Ridge Subdivision, Lots 2 & 3 Petitioner: Andy & Tracy Smith 18 (plot plan included in packet) h. Rear Yard Setback Variance Lemac Subdivision, Lot 13 Petitioner: Andy & Tracy Smith 19 (plot plan included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: September 12, 2022 5:33 p.m. – 6:01 p.m. ATTENDANCE: Commissioners: Montgomery, Ruple, Twitty, and Chairman Brown were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brown declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner moved, seconded by Commissioner to approve the regularly scheduled meeting minutes of July 11, 2022 and August 8, 2022. MOTION CARRIED. VARIANCE(S): a. Sign Variance 1011 West Main Street, Suite 1 Chairman Brown opened the public hearing at approximately 5:34 p.m. Petitioner Michael Williams stated he has been a business owner in Jacksonville for about 13 years, noting he has moved from one location to another. He explained that he is on the corner of Main Street where he has put a nice, lit sign on the big wall of the building, but he does not have any signs up on the front of his business. He related that people still do not know he is there, or they get confused since he is in a multi-unit strip center. He told how he already had a sign made from his last location, but he did not know it required a variance to have a second one up. He clarified when Commissioner Montgomery asked, that in the City of Jacksonville he is allowed to have one sign, and anything else has to be a banner, but his is an aluminum sign he had made at his previous location. He assured it would fit just perfect, adding that he did not want to throw it out since he already had it and the dimensions would fit on this building. When Commissioner Twitty asked, he responded that the sign is 12’ wide by 3’ tall. When Chairman Brown acknowledged that his business is located in a bend, he added that it is right across the street from Emily’s Diner. When Commissioner Ruple inquired if it would be below the square footage limit, he related that the sign was approved previously at his other location. He referenced the pictures he provided to the Commission, pointing out that his unit is the one on the right. He reiterated that he has a sign on the side and is asking for one on the front since you only get a quick snapshot of the business as you round that bend. Chairman Brown closed the public hearing at approximately 5:39 p.m. Commissioner Ruple moved, seconded by Commissioner Twitty to approve the variance for an additional front sign at 1101 West Main Street, Suite 1. MOTION CARRIED. b. Accessory Building Maximum Square Footage Variance 1001 Steeple Chase Cove Chairman Brown opened the public hearing at approximately 5:39 p.m. Petitioner Robin Regnas stated he purchased this property in Foxwood Subdivision and is asking for a variance above the 650 square feet limit to have a 900 square feet, 30’x30’, 2-car shop in the back yard. He explained that there used to be a swimming pool there, but when he bought the property, he cleaned up the backside real nice. He assured that he backs up to the BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2022 5:33 p.m. – 6:01 p.m. golf course and railroad tracks so it would not be an eyesore for anyone, but will be a very nice building. He shared how he is in the automotive business at Gwatney Buick GMC, adding that he tinkers with cars and fixes things inside and that is what this building would be for. Commissioner Twitty related that Mr. Regnas lives next to Council Member Dietz, telling how he is very happy with it. He pointed out that Mr. Regnas cleaned up a lot of overgrown brush and trees that were once back there. Chairman Brown shared that he checked with Engineering and there have been no complaints on it. When Commissioner Ruple inquired, Mr. Regnas responded that his home is red brick and the building will be red metal with white trim to match the eaves on the roof. City Engineer Adam Whitlow clarified that generally staff remains silent on these issues, adding that although they do not have any objections, it is not necessarily an endorsement. When Commissioner Montgomery asked, he replied that it will have a concrete surface 4-inch slab with rebar inside of it. In response to a question from City Clerk Susan Davitt, he responded that to his knowledge there is no Bill of Assurance for this subdivision. Chairman Brown closed the public hearing at approximately 5:41 p.m. Commissioner Ruple moved, seconded by Commissioner Twitty to approve the maximum square footage variance of 900 square feet at 1001 Steeple Chase Cove. MOTION CARRIED. c. Accessory Building Maximum Square Footage Variance 2105 Cloverdale Road Chairman Brown opened the public hearing at approximately 5:44 p.m. Petitioner Gaylin Bradford stated he is here to request a variance beyond the 650 square feet limit to request 1200 square feet. He explained that the building is going to be a 30’x40’ pole barn style building that will also have a 12’ lean-to on the side. When Commissioner Ruple inquired, he replied that the lean-to will be on the property line side with the less amount, which would be the left side. When Chairman Brown acknowledged that he has a large lot, he added that it is approximately 5.1 acres. He confirmed for Commissioner Ruple that he is within the tolerance he was given to be off of the property line. City Engineer Adam Whitlow shared he and staff are good with it, reiterating that it is a very large lot, so this accessory structure is proportional. He affirmed that staff has no issue and there is no Bill of Assurance. When Commissioner Montgomery asked, Mr. Bradford replied that the flooring will be a 5-inch concrete slab. He shared that the purpose of this building is to be a hobby shop, when Commissioner Ruple asked. BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2022 5:33 p.m. – 6:01 p.m. Chairman Brown closed the public hearing at approximately 5:45 p.m. Commissioner Ruple moved, seconded by Commissioner Montgomery to approve the maximum square footage variance of 1200 square feet with a 480 square feet lean-to attached at 2105 Cloverdale Road. MOTION CARRIED. d. Billboard Review/Setback Variance 2030 John Harden Drive Chairman Brown opened the public hearing at approximately 5:45 p.m. Petitioner Tom Gibbons with Lamar Outdoor Advertising stated this proposal is to build a sign on First Arkansas Bank and Trust property for the bank. He explained that Lamar has a sign that is directly across the freeway that is being impacted by the highway right-of-way taking, so they are actually removing a sign and relocating it across the freeway onto the bank property. He assured that the size is not going to be any larger in size, confirming that it will be 12’x25’. When Commissioner Ruple inquired about what advertisement is in the current sign, he replied that it is a billboard sign they operate and change out for different tenants, located directly across from the bank and next to a tall Hardee’s sign that is being removed as well. City Engineer Adam Whitlow related that the sign will be digital on the north side and static on the south, also serving as a business on-site pole sign. He confirmed it will be replacing the billboard across the freeway due to the highway widening. He pointed out that this request requires a setback variance because of the lot size and the right-of-way acquisition from the widening, but does meet all billboard criteria. He mentioned a blanket variance since all other billboards are non-conforming. Mr. Gibbons confirmed that this billboard will replace the current First Arkansas Bank and Trust sign and will be a hybrid sign that combines two signs into one. He detailed that since there is no spacing to build another billboard, the one across the freeway has to be removed. Chairman Brown closed the public hearing at approximately 5:50 p.m. Commissioner Montgomery moved, seconded by Commissioner Twitty to approve a billboard and a 10 feet front yard setback for 2030 John Harden Drive as presented. MOTION CARRIED. e. Billboard Review 401 Municipal Drive Chairman Brown opened the public hearing at approximately 5:50 p.m. Representative Chad Hager with Summit Locations, LLC stated they are looking to build a new billboard on the very north end of the property at 401 Municipal Drive at Goodsell Truck Accessories. City Engineer Adam Whitlow affirmed that this request meets all of the billboard criteria and staff has no issues. He explained it will be 14’x48’ digital, two-faced billboard. BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2022 5:33 p.m. – 6:01 p.m. When Commissioner Twitty inquired, Mr. Hager confirmed it will be between Goodsell and City Hall since the lot is wider there and will not impact Goodsell’s business or parking lot. In response to a question from Commissioner Ruple, he responded that they typically promote and sell to businesses in the city, detailing they are a small town billboard company that have them all across of the Midwest. He could not guarantee that it would not be another business in a neighboring town, but nine times out of ten, it is businesses within five miles of the billboard, since most of the time there is some sort of directional put on it. He related that it is approximately 45’ in overall height, which is the max so it meets the requirements, when Commissioner Montgomery asked. He confirmed that the current sign for Goodsell Truck Accessories will stay and this one will be added, when Commissioner Ruple asked. Chairman Brown closed the public hearing at approximately 5:53 p.m. Commissioner Ruple moved, seconded by Commissioner Montgomery to approve a billboard at 401 Municipal Drive as presented. MOTION CARRIED. f. Sign Package Variance 1815 North First Street Chairman Brown stated that there is no representative here for this item of business and it has been deferred to the next regularly scheduled meeting. g. Rear Yard Setback Variance Timber Ridge Subdivision, Lots 2 & 3 Chairman Brown opened the public hearing at approximately 5:53 p.m. Co-petitioner Tracy Smith stated that the Board approved a variance for them before for this subdivision when they built three townhomes. She explained that they are ready to build two more, so they are asking for the same variance for an additional 8 feet. She mentioned that having a covered porch makes the townhomes a lot nicer, adding they have a lot more lots, but this is just for the two they would like to start. City Engineer Adam Whitlow affirmed that this request is consistent with the variance request that was granted on lots 5, 6, and 7 in December 2021. Chairman Brown closed the public hearing at approximately 5:56 p.m. Commissioner Ruple moved, seconded by Commissioner Montgomery to approve a 17 feet rear yard setback for Timber Ridge Subdivision, Lots 2 & 3. MOTION CARRIED. When Commissioner Ruple inquired, Mrs. Smith responded that this subdivision is located in between Northlake and Indian Head Subdivision, right off of Oneida Street. She explained it is just a small cul-de-sac, adding that Jim Peacock manages several rentals in the area. She detailed that they are trying to upgrade the area, build townhomes, and have single-family dwellings that people own and live in, instead of just renting. BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2022 5:33 p.m. – 6:01 p.m. In response to a question from Commissioner Ruple, Co-petitioner Andy Smith surmised they could have ten to twelve more townhomes in that subdivision. h. Rear Yard Setback Variance Lemac Subdivision, Lot 13 Chairman Brown opened the public hearing at approximately 5:58 p.m. Co-petitioner Tracy Smith stated they put in 13 lots on Lemac Drive, noting that they had to put in sewer and more, which has been costly. She explained they are down to their last lot, but it is oddly shaped. She shared their plans to mirror a house shown on a photo she handed out. She related they are requesting a rear yard setback variance so they may get more space from this lot. When Commissioner Montgomery inquired, she replied that it is not at the end of a cul-de-sac, adding that there is a gas easement between lots 12 and 13 and they want to build the exact house shown in the first photo, which is on lot 12. Co-petitioner Andy Smith pointed out that lot 13 gets more narrow from front to back and is not as deep as lot 12. He explained it is wide, but they cannot build on the gas easement, therefore they have a huge side yard, but no back yard. City Engineer Adam Whitlow stated that his staff has no technical objections. When Commissioner Ruple asked, Mrs. Smith responded that this is the first and only setback variance they have requested for this subdivision. City Clerk Susan Davitt confirmed that no negative feedback had been received on this request. Chairman Brown closed the public hearing at approximately 6:00 p.m. Commissioner Montgomery moved, seconded by Commissioner Twitty to approve a 13.5 feet rear yard setback for Lemac Subdivision, Lot 13. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:01 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER