Jacksonville Zoning Board of Appeals met Feb. 7.
Here is the minutes provided by the Board:
Chair Oldenettel called the monthly meeting of the Jacksonville Zoning Board of Appeals to order at 6:16 p.m. in the City Council Chambers. The agenda and petition were published with the local media and by posting at the Municipal Building as required by the Zoning Ordinance.
ROLL CALL: Answering present: Michael Oldenettel – Chairman, Aaron Scott – Representing Bill Scott in his absence, John Heyer – Secretary, Casey Collins, Brad Cors, Brad Besson – Vice-Chair, Kerris Osborn; City Attorney Dan Beard; City Clerk Skip Bradshaw; Community Development Director Kelly Hall. A quorum was declared.
**Note: The following were elected to fill vacant positions within the Plan Commission and Zoning Board of Appeals at the February 7, 2018 Plan Commission Meeting: Michael Oldenettel – Chairman; Brad Besson – Vice-Chairman; John Heyer – Secretary.
MINUTES: Motion was made by Besson, seconded by Heyer, to approve the December 6, 2017 Minutes as presented in advance. By voice vote, motion carried.
CC Bradshaw read Item #3 on the agenda. Review petition for variance for property located at 600 N. Diamond Street regarding the east side set back. Property owned by Brian Hurst. CC Bradshaw swore in Mr. Hurst to represent this petition. Mr. Hurst explained that his carports are currently one (1) foot away from the existing property lines. He is requesting a variance of two (2) feet to the three (3) foot accessory structure side yard set back requirement so that he can leave his carports in place. His neighbor has no problem with the carports as they are now. He also noted that the carports currently sit on 604 N. Diamond. An amendment to the petition should be made to include 604 N. Diamond should the Board approve this request.
Chair Oldenettel asked for further discussion, or if there was anyone in attendance to speak in favor of, or opposition to this request. CA Beard explained that since the variance is more than a 25% variance, a hardship case must be proven. This request does fall under the hardship clause in that it is located in an older part of town and was platted prior to 1976. Motion was made by Collins, seconded by Cors, to amend the petition to grant a variance for property located at 600 and 604 N. Diamond, and to approve this request based upon the findings of fact in Section 11.3-4 of the Zoning Ordinance, numbers 2, 3, and 4, that the plight of the owner is due to unique circumstances; that the variation, if granted, will not alter the essential character of the locality; and that the granting the variation desired will not violate the general spirit and intent of this ordinance.
ROLL CALL: 7 Yeas; 0 Nays; 1 Absent (B. Scott) Motion carried 7-0-1.
4. Review petition for variance for property located at 706 E. College regarding a setback. Property owned by Samuel Wagner. CC Bradshaw swore in Mr. Wagner to represent this petition. Mr. Wagner disseminate copies of photographs of the property in question. He explained that his intent is to demolish the existing wood structure and use the existing foundation to rebuild in the same place. He was informed by the City that the foundation is too close to the boundary setbacks so he is requesting a variance. CA Beard advised that this property qualifies for the hardship clause.
Chair Oldenettel asked for further discussion, or if there was anyone in attendance to speak in favor of, or opposition to this request and there were none. Motion was made by Collins, seconded by Heyer, to approve this request based upon the findings of fact in Section 11.3-4 of the Zoning Ordinance, numbers 2, 3, and 4, that the plight of the owner is due to unique circumstances; that the variation, if granted, will not alter the essential character of the locality; and that the granting the variation desired will not violate the general spirit and intent of this ordinance.
ROLL CALL: 7 Yeas; 0 Nays; 1 Absent (B. Scott) Motion carried 7-0-1.
OTHER BUSINESS: No discussion.
PUBLIC COMMENT: No discussion.
ADJOURNMENT: With no further discussion motion was made by Osborne, seconded by Heyer, to adjourn the meeting at 6:29 p.m.
http://www.jacksonvilleil.gov/city_government/boards_commissions_and_committees/docs/Boards%20Commissions%20Committees/Zoning_Board_of_Appeals/2018%20Minutes/ZBA%20Minutes%2002.07.pdf
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