Board of Adjustment

L Planning Department Board of Adjustment September 23, 2013 @ 5:00 p.m. The Board of Adjustment will hold its regular meeting on Monday, September 23, 2013 at 5:00 p.m. in the Council Chambers of City Hall. BOARD OF ADJUSTMENT AGENDA Welcome Visitors 1. Review and approve the minutes of the August 26, 2013, Regular Meeting 2. A Public Hearing requesting a 25-foot variance from the 25-foot front setback requirement and a 15-foot variance from the 25-foot exterior side setback requirement to allow expansion of their facility at the corner of East 3rd and South Erie submitted by Michael E. Miller. (BOA.13.09.3600) Note: Planning Commission has a request to rezone from C-2 to M-3 at its September 23, 2013 5:30 meeting. (ZO.13.09.173) 3. A Public Hearing requesting a variance from the Zoning Ordinance Article 5.2.13 Signage Size., for an existing business Good Deal Charlie, located at 2209 East Main Street, submitted by Jonathan L. McIllwain, Owner. (BOA.13.09.3601)  BOARD OF ADJUSTMENT MINUTES September 23, 2013 The Russellville Board of Adjustment met in its Regular Meeting, Monday, August 26, 2013, at 5:00 p.m. in the City Hall Council Chambers. Members Present: Chairman Blake Tarpley, Secretary Aldona Standridge, and Jim Davenport, and Member Dusty Bonds Members Absent: Jimmy Sims Visitors/Officials Present: City Planner David Harris, City Inspector Brian Holstein, Jim Lynch/ City Corp, Fire Marshall Richard Setian, Planning Assistant Lequitta Jones, Whitney Snipes, Emily & Jonathan McIllwain, and Charlie McIllwain. WELCOME VISITORS The First Order of Business was to review and approve the minutes of the August 26, 2013, Regular Meeting. Member Davenport made the motion to approve the minutes as written. The motion was seconded by Secretary Standridge and passed unanimously. The Second Order of Business was a Public Hearing requesting a 25-foot variance from the 25-foot front setback requirement and a 15-foot variance from the 25-foot exterior side setback requirement to allow expansion of an existing facility at the corner of East 3rd and South Erie. Submitted by Michael E. Miller. (BOA.13.09.3600) Note: Planning Commission has a request to rezone from C-2 to M-3 at its September 23, 2013 5:30 meeting. (ZO.13.09.173) City Planner Harris said he saw no problem with approving the request. The proposed additions will be no closer to the street than the existing buildings on adjoining properties. It is already a non-conforming site and the addition that they are proposing will not increase the non-conformity. We have had no contact from any neighbors. Member Bonds moved to accept as requested. The motion was seconded by Member Davenport and passed unanimously. The Third Order of Business was a Public Hearing requesting a variance from the Zoning Ordinance Article 5.2.13 Signage Size., for Good Deal Charlie, an existing business located at 2209 East Main Street. Submitted by Jonathan L. McIllwain, Owner. (BOA.13.09.3601) City Planner Harris said this was an unusual situation. Zoning Code Article IX provides a framework for BOA decisions. It is generally appropriate to approve a variance in cases where there are unique circumstances and explicit enforcement of the code would create an undue hardship on the applicant. Mr. Harris said the subject property was unusual in that, for a large property with multiple buildings, there is limited frontage along East Main/Hwy-64, with limited building frontage as well. However, Mr. Harris said while this is an unusual circumstance, it is up to Board members to decide if it is a hardship or not. Mr. Harris offered a suggestion. He said the two building at the rear of the property, which are part of the Good Deal Charlie business, have adequate frontage along County Complex Road so that the property would warrant the 200sf maximum for facade signage. However, Mr. Harris said he hoped the Board would not accept the applicant's contention that because the proposed signs are angled to the street they would appear smaller and so should be allowed more than 200sf. Mr. Harris also stated that two existing Bail Bondsmen signs facing County Complex Road should be removed if the applicant wanted the full 200sf for the Good Deal Charlie signage. Chairman Tarpley asked if there were any comments from surrounding property owners. Mr. Harris said no. Chairman Tarpley asked for any questions. Member Bonds moved to approve the request subject to removing the two bail bondman’s signs at the rear of the property. Secretary Standridge seconded the motion and passed unanimously. Adjourned. _________________________ Chairman Blake Tarpley