Board of Adjustment - Regular Meeting

All right, I want to go ahead and start the August board of adjustment meeting. We'll uh start off with a couple of housekeeping items here. We'll take attendance. Take care of that for Wend Miller here. Don Jakamore here. Josh Stout here. Wayne Cummings Absent. Justin Caw. We do have Corum. Okay. All right. Everybody's had an opportunity to look at the minutes from our last meeting. Where's your pleasure, gentlemen? Motion to approve. Second.

All right. Got a motion, a second to approve the minutes from the June meeting. All those in favor? No. Say I. I. Any opposed? Nobody's left. So, hit it carried. All right. The uh we have no old business. The new business item number one variance from article 4.1 and 6.1.6 from the fence height requirement and the driveway width allowance located at 75 Round Rock Road submitted by CWD Enterprises LLC. Victoria, you got a staff report on that? I do. So, as stated, this is a variance located at 75 Round Rock Road. As always, we're going to talk about what you guys are reviewing all the applications against this evening. Um, so these are the items that have to be addressed. The first being that the applicant demonstrates that special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other land structures or buildings in the same district or other districts. Second, no non-conforming use of neighboring land, structures or buildings shall be considered grounds for the issuance of a variance. Uh third, the board of adjustment shall uh further make a finding that the reason set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. Fourth, the board of adjustment shall make a finding that the granting of the variance will be in harmony with the purpose and intent of the zoning code. Fifth, in granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning code. And then sixth, and finally, under no circumstance shall the board of adjustment grant a variance to allow a use not permissible under the terms of

the code and in the district involved. So with that in mind, for this application, again, this is located at 75 Round Rock Road within the North City Spur District. This is an existing vacant parcel of land. Its northern boundary is located right on the edge of Russellville and Dover city limits. It is an R1 single family residential zoned property surrounded by R1 zoned properties with a small C2z zoned property to the west. Property to the north and east are outside of Russville city limits and therefore are not zoned. And surrounding uses include single family homes, a church, a daycare, and um the Dover Sonic. This applicant um is requesting a variance from two sections of the zoning code. The first being article 4.1 and the second being article 6.1.6. The applicant is proposing to utilize the 44 acre property to raise horses and as a result has requested a 4ft pipe fence despite the 3 and 1/2 ft uh height limit in the front yard and a 54 foot driveway width despite the 30 foot allowance. In our review, um staff did find that the applicants demonstrated that special conditions exist uh for the fence height variance as the property will be utilized for horses and the fence height is needed to contain the horses and um and reduce the risk of them escaping into adjacent public areas thereby addressing both safety and liability concerns um for the applicant and the general public. And then regarding the requested variance for the driveway width, the applicant has provided justification for um this based on the operational needs of the site. Again, the property will require um access by large trucks, horse trailers um and the additional driveway width is necessary to accommodate safe turning movements. Furthermore, due to the limited width of

Round Rock Road, the increased driveway width will allow um them adequate ingress and egress while minimizing the potential for vehicles to encroach in the ditches um surrounding the site or opposing travel lanes when making those turning movements. So, as a result of this, it is staff's recommendation that the board of adjustment approve this variance request based on the findings below that the applicant has demonstrated that special conditions exist and the applicant has met all other variance requirements. Are there any questions for staff?

All right. Thank you. Do we have anybody here to if you would step up to the mic and and state your name for the record, please.

Hi, I'm Erica Davis, uh owner of this property. She covered everything. Um we're only going to have two horses on the property, but um our hay comes from out of state, um on a semi-truck, so being able to enter uh that property safely as she mentioned um and the height restriction on the fences. There will be a nice painted um entryway for that. Um and it butts up to our uh my brother-in-law, but my husband's brother's property as well. They're on Round Rock Road. Um Brienne and John Paul Davis. And then our property with Caleb and Erica under CWD Enterprises.

Thank you. Gentlemen, it's your pleasure. I'll make a motion to approve as presented. Second. All right, we have a motion and a second to approve this request as presented. All those in favor acknowledge by saying I. I.

Any opposed? Hearing none. Motion carried. All right. Item number two, bearings from article 4.1 from the fence height requirement located at 21103 Timberwood Lane submitted by Shannon Sutherland. You have a staff report on that?

Yes, we do. So again, this is the variance for 21103 Timberwood Lane and the property is located at 21103 Timberwood Lane within the Oakland neighborhood. This is a single family home. It is an R3 medium uh high density residential zoned property surrounded by other R3, C2, and R2 zoned properties. Surrounding uses include single family homes, vacant lots, and a high school. For our comments, the application is to allow the construction of an 8-ft fence instead of the maximum allowed six feet. The applicant is proposing that the eastern portion of the fence be 8 feet in height as that is the portion that faces south Knoxville. The applicant is also requesting a small section at the southeastern corner to taper down for aesthetic purposes. The property's proximity to the school has led to multiple instances of students attempting to access the pool area either by requesting a swim or by attempting unauthorized entry. This raises raises important concerns regarding both the safety of the youth and the privacy of the applicant. Staff has also found the applicant has demonstrated that special conditions exist due to the recent clearing of the adjacent wooded lot leading to increased noise pollution and visibility into their backyard from the South Knoxville Highway and Russellville High School. In that photo, that is a photo taken from the sidewalk at Rustville High School. Um, it's clearly higher elevated than it was previously to the sidewalk being built. South Knoxville Avenue is a heavily trafficked area both by vehicles and pedestrians. They're only requesting a height variance for the portion of the fence that faces Knoxville, not the entirety of the fence. The newly vacant lot is also zone C2, leading to the potential of a commercial business being built adjacent to the property. our staff recommendations.

Um, we have found that we recommend the board of adjustment to approve this variance request based on the findings below that the applicant has demonstrated that special conditions exist and the applicant has met all of the other variance requirements. Do you all have any questions? Thank you. Thank you Shannon. Yeah, you want to step up there and state your name for the record, please, sir. Shannon Sutherland.

Uh, yeah, everything she said pretty much covered it. Um, there used to be a lot of trees and foliage that covered the entirety of that area, but as you saw in the picture just a minute ago from the highway, you can see straight over that fence. And, uh, especially higher vehicles such as buses, um, semi trucks, anything that is higher than your standard car that's driving down Knoxville can pretty much see clear right over that fence. And I have a pool in the back. So, like she said, not just privacy, but we do have some safety concerns with students as well. You have any questions for me? Thank you.

That should be a no-brainer, gentlemen. Make a motion to approve as presented. I'll second. Okay, we have a motion, a second to approve this request. All those in favor cons. I. Any opposed? None. The motion carried. All right. Item number three, we have variance from article 4.1 for the France requirement located at 522 South Jonesboro Avenue submitted by Bill and Doris Lawrence. You have a staff report on that?

Yes, sir, we do. Uh, so this is for a fence variance on 522 South Jonesboro. Um, currently the lot is located at 522 South Jonesboro within the Glenwood neighborhood. This is currently a vacant lot. The lot is partially located within the FEMA designated floodway. It is an R3 medium highdensity residential zone property abudding an R2 zone and school to the west. Surrounding uses include signal family homes and a middle school campus. Applicants initially attempted to donate the lot to Habitat for Humanity, but Habitat for Humanity did not proceed due to the presence of the FEMA designated floodway on the back half of the lot. This application is to allow a 5- foot tall chain link fence along the South Jonesboro Avenue and 5 foot tall chain link fences along the sides and back of the non- floodway portion of the property and closing an 80 foot x 50ft area of the lot along with two 10- foot wide 5- foot tall chain link gates on the east and west sides of the fenced in area. applicants property experiences illegal trash dumping and believe that the standard three and a half foot fence height along the South Jonesboro Burough frontage would not be adequate to deter those who are dumping trash on the lot. Applicants contend that a 5-ft fence surrounding parts of the lot will be sufficient to deter the dumping of trash and plant debris. Applicants agreed to not build in the FEMA designated floodway nor store vehicles, trailers, etc. within the floodway and have updated their fl their their site plans accordingly. Applicants have acquired a flood development permit as required by the city flood plane manager. Applicants would also like to utilize the Benson space to park a boat trailer or camper in compliance with article 3.11 of the zoning code and outside of the FEMA designated floodway. Staff has found that the applicant has demonstrated that special conditions

exist due to p persistent and unsolicited dumping of trash and or yard debris at the applicant's property. Applicants have been the owners of the lot since 2016 and have been maintaining it since then. A site visit to the lot shows that it is being maintained. The appearance of the vacant lot may be inviting to those looking to incidentally dispose of tree limbs, yard debris, or other trash. The persistent dumping of trash and debris has caused property damage to the owners. A fence of sufficient height would ostensibly be enough to deter or discourage others from the lot as it will one be harder to get materials over a fence taller than the standard 3 and 1/2t height maximum and two appear less vacant. Uh it is staff's recommendation that the board of adjustments approve this variance request with the following conditions. One, the applicants will not build in the FEMA designated floodway. and two, the applicants will not store vehicles, trailers, etc. in the FEMA designated floodway. Based on the findings below, the applicants have design demonstrated that special conditions exist and the applicants have obtained a flood development permit and the applicants have met all other variance requirements.

Thank you. Dale Mitchell. Okay.

I'm Dale Mitchell's sister. Um, we own the property. Um, what's your name now? Sheila Walker. Sheila Walker.

Uhhuh. Yes, sir. And, um, I own a property in front of the house also. In front of the house. I own that property in front. So, they were saying that there's trash. That's just not true. Uh we I I we I I take care of the property. Uh the area that they're talking about is that we own that property that we have the uh debris on it. That's our property. They only own the property in between in between in between. So, we cannot get on our property if they put that fence up there because we have to have a leeway to get down to our property. one side and plus we have a church there. We It's a residential. They don't they're not going to be living there. They going to be parking their stuff there. If they going to have a fence up that high, they need to put it where they live at because it it it makes our community looks like we're having like they like they don't trust us or they bringing their stuff down there. If you're going to bring your stuff down there, why do you have to have a big fence down there? That's what we're trying to figure out. why you have to build a big fence up there and make it seem like that because they not going to live there. They gonna just park their stuff there. They own the property. I don't have a problem with them putting a fence there, but that type of fence that they want to put there, I'm opposed against that.

Thank you, Miss Walker. By the way, people in the neighborhood church would like to come in and talk to you guys about this.

Yes. My name is D Mitchell. I'm the owner of the property. Um, like my sister said, um, there's the way the property is, it's kind of split up in like four sections. You know, they own I don't know who the owner is. They own a house and then we own a piece of property and then they own a section and then we own where they say the debris and stuff is at. So, um, she's right. There has been debris there, but we do it from like when they have storms, we we always burn her. We've been burning there since I don't know since I was a young kid and stuff. So, I mean that's what we usually do when that time comes when we have trees and stuff because they allow us to burn, you know, um certain times of the year. So, that's when we burn. Um far as maintaining the property, um they have um I guess people in there renting the house and stuff. So, we kind of share cutting the grass and stuff. I mean, it's just like we just offset. Sometimes they cut it, sometimes I cut it. trying to keep everything clean, cut down, and maintain everything. But, uh, I don't see why they need to put a fence up or whatever they trying to do. It makes no sense to me because like my sister said, I won't be able to get to my property, the one that's in the middle, because of the way they split everything up. Um, because it's like a office/ apartment and like a tool shed up under. So, it has a garage. So, they put that fence up there. There's no way you're going to be able to get down there however you try. I can't find it anywhere.

Are you Bill?

Yeah, Bill Lawrence. Uh we're the one that's asking for the variance on the fence there. And um what it is, uh there's actually three three properties there. I don't know if we can bring it up or not, but uh the they will only allow us to put a fi fence 50 feet deep and 80 foot wide, which we were asking for 50 feet I mean, excuse me, 134 feet deep and 50 foot wide. So, uh FEMA won't let us do that. And so their question about trying to get to their property to dispose of their stuff for seven years, you've been putting it on my property now. Hollow blocks, bricks, mobile mobile trailers. Uh I've got pictures that I submitted with it. But there will be uh enough room for you to come down your property because my fence is only going to go 50 foot. That is if you ask my permission. Well, we'll discuss that some other time, but that that's what we're asking is uh and we do keep it maintained and mowed and we have for the last seven years.

Okay. Thank you. All right. Yeah. Is there anything else, Mr. Lawrence? Uh, no. I just appreciate if if uh if we could do this.

Okay. All right. Thank you. You do have pictures you want to submit. Well, we're now the board of adjustments is just we're just here to to look at the variance request. So, I don't know if you're talking to the right people or not. This is this is our house. This is the property that we own. Okay.

This is this is their lot. Can you see those pictures? We own Weight. We've been doing it for years. Can you show me from a map standpoint?

Do we have a top we can put up? Do you have a topo that we can pull up and put on the overhead? That's what he's trying to Yeah. Do we have internet?

Yeah, of course. Are we looking at zoning or

I think should Christmas. Is that easier to see?

Well, they don't they don't have the parcels on here. So what he's saying is house I just wanted to make sure everybody

Gavin, you got what do you have there? We have the GIS up. Hang on just one second. He's going to pull the map up and see if we can get a description. Um, this is the property in question here. Um, un Whoops. Unfortunately, we do not have um uh plat data for this section of um South Jonesboro. What's this? Hello. Hang on just one second, Gavin. Hey, Gavin. Can you come? Yeah.

Pardon me, folks. Just for a second. She does have a way to That's the property right there. All right. Okay. Um, on item number three here, I think it's going to be who of us to uh to table that until next month. Commissioners, if you'll

Yeah, I'll make a motion to u table this till next month. This is needs a little bit more investigating and understand what we're going to approve before I can say yes or no on that. Motion is to suspend till next month. Second.

Okay. Motion and a second to table this uh this item here until next the next board of adjustment meeting. Um all those in favor by saying I. Any opposed? Hearing none the motion carried. All right, one more item up here and thank you folks. Appreciate your patience. All right, we have a variance from article 7.8.7 from the monument sign size requirements located at 4200 West Main Street submitted by Matt Williams. Victoria, you got a staff report on that? Are you okay over there?

I I'm okay. just a bit clumsy. Um, from a roofer's point of view, the fall don't hurt, the sudden stops what'll get you. So, the stop gets you, huh? Um, yes, I do have a staff report.

This is for 4200 West Main Street. Um, the existing conditions. This is again located at 4200 West Main Street within the Skyline District. Um, it is the new location for Smile Dental. It is surrounded by a variety of uses including a residential subdivision to the east, a mobile home park to the south, and a mini storage and tire shop to the west. Um, as well as a res residential single family home to the north. It is a C2 highway commercial zoned property surrounded by other C2 and R4 zoned properties. So, in our review, the application is to allow the construction of a 180 foot monument sign despite the 72 to 108 square foot allowance. Um, I know that's a big discrepancy in the square footage allowance there and that discrepancy um is due to the allotments um due to the number of tenants. So, the applicant has stated that there will be between three to seven tenants. the current buildout um of the property is allowing for three and the total possible um buildout for the site is allowing up to seven. So that's kind of the discrepancy there. Um monument signage square footage is permitted based on the number of tenants on site. So um allowing 72 feet for two to three tenants, 84 square feet for four to five tenants, and 108 square feet total for more than six tenants. Um, additionally, the proposed sign is 20 feet tall despite the 8 foot height limit. Um, and that is the proposed sign that you'll see on your on the screen there. So, in our review, staff has not found that the applicant has demonstrated that special conditions or circumstances exist. The applicant has cited the sign at their existing location and aesthetics as their reason for requesting the variance. the sign at their existing location is a non-conforming sign per the code and no

other non-conforming uses or um uses or structures shall be considered as grounds for granting a variance. Um, additionally, historically, sign variances have been granted when an existing sign on an existing property is coming closer into compliance um and the sign the applicant is referring to is at their previous location, not on the new site. While staff does understand the desire for aesthetics, staff has presented a path forward in that the applicant could get close to their desired square footage in the form of a double post or a pylon sign. Um, and the applicant's reasoning for the variance request did not meet the criteria showing that special conditions exist that are peculiar to the structure involved and are not applicable to other lands. The applicant could propose a double post or pylon sign which would allow up to 150 square feet of signage. Therefore, there is a path forward that would allow them to have a larger uh square footage sign. As a result of this, staff is unable to make a recommendation of approval based on the findings below that the applicant has not demonstrated that special conditions exist and that that the variance is not the minimum variance allowing reasonable use of the land. That is my staff report. Any questions for staff at this time?

Thank you, Victoria.

Are you Matt Williams?

I am Matt Williams. Um, hey guys. So, the difference between the reason I'm doing this is because I'm I'm one more aesthetic style. We can put it on two poles and have 132 square feet and have the exact same thing as the as the monument sign. The only thing that that's the difference is the base. And I think two poles is not as aesthetic as a as a masonary or a um or a encased base. That's the only difference and this is the only reason we're want to do it. Um the the double pole pylon up to 150 square feet. If if we just if we took out the part of that sign were within within reach. So, I was just wanting to make it to where it was the just add the base so it looks better. I think it's prettier for Russellville and prettier for the area. If I can show you these Hey Gavin,

how high does the He's talking about two poles here. How what's the minimum on the height of those poles? Um I believe there is no minimum. Basically, um, the code just states that a monument sign is completely flush to the ground. So, it would be basically any open air if they cut out a portion of that masonry base. They could.

I don't. So, so there's no when they when they when they cut out that bottom, it can be couple inches or whatever. Whatever that is. Yes. Yeah. And then it would be considered because it would be resting on two posts instead of the So, what's the reasoning for for that

monument signs? I believe when we adopted the code, I I'm reaching back a little bit in my memory here for the intent of that. Um, but I believe they were really built out for these smaller more I guess compact you would say signage that you would see around town that most of the monument signs you see are the smaller um I'm thinking of several like um medical offices. So that was the So you could put

So I think it was but the poles don't really put two two poles and encase the bottom in brick and and cover. You'd have to be able to see the open air. I believe by the way the code is written currently. That was my question like what's the reasoning to to have the open air? What prompted that that you know code to be written that way? I mean I'm not that's that like genuinely asking

and yes no I absolutely understand and unfortunately I don't remember the exact discussions when that was adopted because I do believe that was part of the 2022 updates to the code. Um, but I believe if I am remembering correct, it was more of the intent was that those monument signs were going to be the more compact, the smaller, and so we wanted to keep them that way instead of having these big I guess monument signs. Okay. I I kind of go back to the intent what you said and if it's going to be exactly the same except you got two poles

uh and it's going to be you get to increase it to 130. That's to me it looks better be a monument sign. That's something that we need might need to adjust our policy to agree to gain to that and which is common for when you have a lot of policies and ordinance like we have it. Absolutely. This is what we're here for. Yeah. And if you guys would like definitely if it's the will of the board, we can take that um to the long range planning committee and definitely have that discussion um at our next quarterly meeting. Y'all have a job to do and you have to present what your findings are and then we appreciate you adjust. Absolutely. Absolutely. So, one size doesn't always none of it's personal. You're not going to hurt our feelings. I promise.

Well, that that's why we're here and that's why the discussion's here. Absolutely. Thank you. Thank you. Any other questions for staff? No. Okay. Y'all done quite enough. Thank you. I I'll make a motion to approve. Uh the sign can go up as a monument sign. Okay. So, I Yeah. Second. All right. We have a motion and second to approve this variance request as presented. All those in favor by saying I. I. Any opposed? Hearing none. The motion carried. And uh before we before we go, yeah, go ahead.

Yes. Before we go, I just wanted to recognize our commissioner, Don Jakamore. This is his last meeting with us. Um and we just want to thank you for seven years of service with us. we're really going to miss you. Um you have brought invaluable opinions um to the board and just your faithful service. We really appreciate it and we're going to miss you. So, we just wanted to say thank you um and recognize you. Well, I really appreciate it. It's it's been an honor to serve and I love Russville. I love what we stand for and thank you so much.

That door don't lock behind you, Don. Okay. So, we did bring somebody to walk you to your car though over here if you Mr. Mayor, are we done? All right, we are journed.