City of Jacksonville Zoning Board of Appeals met Oct 5.
Here are the minutes provided by the board:
Commissioner Casey Collins called the monthly meeting of the Jacksonville Plan Commission to order at 6:00 p.m. The agenda and petition were published with the local media and by posting at the Municipal Building.
ROLL CALL: Answering present were: Aaron Scott, Casey Collins (Acting Chair), Brad Cors, Nick Little; City Attorney Dan Beard; City Clerk Skip Bradshaw. Absent from the meeting was Chairman Michael Oldenettel, and Members John Heyer and Kerris Osborn. A quorum was declared.
MINUTES: Motion was made by Scott, seconded by Cors, to approve the September 7, 2022 Zoning Board of Appeals Meeting Minutes as presented in advance. By voice vote, motion carried.
Comm. Casey Collins read Item #3 on the Agenda. Review petition for variance to property located at 505 North Webster regarding a fence. Property is zoned R-2. Application by Tom Braden. City Clerk Bradshaw swore in Jason Scott to represent this petition. Mr. Scott lives on a corner lot. He would like to remove the entire row of bushes that run from his driveway on Elm Street east to the sidewalk on Webster to make way for a 6 ft. privacy fence. The fence will extend south from the corner of the house to where the bushes are, then west to the driveway and back north to the corner of the garage. Removing the row of bushes will essentially clear the line of sight at the corner because the fence will not extend that far. Typically a 6 ft. fence is not allowed on either side of a corner lot along the road, but the Commission has deviated from that rule on occasion depending on the circumstances.
Comm. Collins 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 Cors, seconded by Little, to approve this request based upon the findings of fact in Section 11.3-4 of the Zoning Ordinance, number 2- 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.
For clarification purposes it was noted that the fence will extend from the corner of the house close to where the bushes currently sit, which is within approved guidelines.
ROLL CALL: 3 Yeas; 0 Nays; 1 Abstain (Scott); 3 Absent (Oldenettel, Heyer, Osborn) Motion carried 3-0-1-3.
OTHER BUSINESS:
CA Beard noted that there is a resident who is objecting to CDD Nyberg’s ruling that he is required to have a building permit to put a new roof on his house because the City’s ordinances generally refer to new construction. If he appeals CDD Nyberg’s decision, he will need to come before the Board, which may be the November meeting.
PUBLIC COMMENT: No discussion.
ADJOURNMENT: With no further discussion motion was made by Cors, seconded by Scott, to adjourn the meeting at 6:08 p.m.
http://cms6.revize.com/revize/jacksonvilleil/city_government/boards_commissions_and_committees/docs/Boards%20Commissions%20Committees/Zoning_Board_of_Appeals/2022%20Minutes/ZBA%20Minutes%2010.05.22.pdf
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