Summary of Minutes

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					                                  Summary of Minutes
                              Jacksonville Plan Commission
                                     August 5, 2009

Chair Jim Duncan called the meeting of the Jacksonville Plan Commission to order at
6:00 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

ROLL CALL: Answering present: Commissioners Vicki Millik, Richard Johnson,
Gary Hutchison, Dave Hauser; Chair Jim Duncan; City Attorney Dan Beard; City Clerk
Skip Bradshaw. Commissioner Bill Scott joined the meeting at 6:03 p.m. after roll call
was read. Alderman Michelle Hinchen took the place of Tom Grojean who was absent
from the meeting. A quorum was declared.

MINUTES: Chair Duncan asked for a reading and approval of the minutes from the
June 3, 2009 Plan Commission Meeting. City Attorney Beard pointed out that some of
the language in the minutes is incorrect, and suggested the following amendments: Page
two (2), fourth (4th) paragraph, third (3rd) line, where it states “they should be required to
replace it”, should state “they should be required to remove it”. The next sentence, along
with the second (2nd) sentence of the fifth (5th) paragraph should state “Beard suggested”,
not “Beard requests”. With no further discussion a motion was made by Hauser,
seconded by Millik, to approve the June 3, 2009 Minutes with amendments as suggested.
By voice vote, motion carried.

At Chair Duncan’s request City Clerk Bradshaw read the petition as stated on the August
5, 2009 Meeting Agenda. Review application to rezone property located at 1723
Mound from R-1 (One Family Dwelling District) to R-4 (Two Family Dwelling
District), with the intent for property owner, Mari Jane Colburn, to use property as
a Duplex/Condo, one side owner occupied.

City Clerk Bradshaw swore in Diane Steinberg who spoke on behalf of property owner
Mari Jane Colburn. Ms. Steinberg stated that this request is not for Ms. Colburn, but for
potential buyer Toni Long. Ms. Long would like to build a condominium, between 1,150
and 1,200 square feet, to occupy one side and sell the other. Lot size is almost half an

City Clerk Bradshaw swore in Toni Long, potential buyer, who advised the Commission
that her intention, contingent upon the approval of this request, is to build a duplex/condo
enabling her to sell her current home, dwell in one side of the duplex, and gain a small
income by renting out the other side of the duplex. She has been in contact with several
of the neighbors advising them of her plans, seeking their feedback.

City Clerk Bradshaw swore in Michele Gacek, who spoke on behalf of the neighbors.
Ms. Gacek was concerned about the lot size, and the layout of the unit. Ms. Long stated
                                                                                Summary of Minutes
                                                                        Jacksonville Plan Commission
                                                                                       August 5, 2009
                                                                                           Page 1 of 4
that she plans to build the unit with the front facing the side of the property, instead of
facing Mound Rd. Ms. Gacek also stated that since the neighborhood is comprised of
established, single resident homes, the presence of a duplex/condo unit may cause homes
within the neighborhood to depreciate in value.

City Clerk Bradshaw swore in Joe Kindred, who spoke on behalf of the neighbors. He
stated that the presence of a rental property in the area is a concern of the neighbors. At
this time, there are no rental properties in the area, and that was part of the reason he,
along with several neighbors, purchased their homes in that area.

City Clerk Bradshaw swore in Dorothy Gacek, a resident of the area for 41 years, whose
property sits just west, parallel to the property in question. When developers initially
began to develop this area, it was strictly to be developed as a one family dwelling
neighborhood. She stated that Ms. Long cannot guarantee ownership of the duplex for an
extended period of time, and she would hate to see the neighborhood brought down by
renting to someone who would not take care of the property.

Ms. Steinberg brought to the Commissioner’s attention that there are two rental houses in
the area, one is located on the corner of Mound and Westgate, and the other one is the
second house on the east side of the street of Mound and Westgate. Chair Jim Duncan
pointed out that the house on the corner is rented as a single family dwelling unit, not a
duplex/condo dwelling. Ms. Steinberg stated that is Ms. Long’s intention as well by
occupying one side of the complex. Chair Duncan also pointed out that you cannot zone
a duplex/condo unit as a single family dwelling.

Kelly Hall pointed out that any single family dwelling unit or house could potentially
become a rental unit without a zoning change. The property in question is a single family

Commissioner Johnson inquired about covenants on the property. City Attorney Beard
stated that he is not aware whether or not there are covenants on the property, but that
information would be checked into by the purchaser before they proceed with the
purchase of the property. If there are covenants stating that only single family dwelling
structures are allowed on that property, then that would pose a problem for Ms. Long
with regard to building her duplex/condo unit. Covenants are governed by property
owners in the area, not by the Plan Commission or the Zoning Board of Appeals.

City Attorney Beard also noted for future reference that if the Plan Commission grants a
zoning change, but the nearby property owners produce a covenant restricting the type of
dwelling unit that can be built on the property, the zoning classification would not
necessarily need to be changed back to the original classification as the covenant would
determine the outcome of any new requests.

Chair Duncan requested a motion be made to approve the rezoning petition. A motion
was made by Hauser, seconded by Millik, to approve the petition to rezone the property
as submitted.
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                                                                       Jacksonville Plan Commission
                                                                                      August 5, 2009
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Yea: Hauser, Johnson, Millik
Nay: Hutchison, Scott, Duncan, Hinchen
Motion did not pass 3-4.

Chair Duncan then asked for a motion to deny the petition. A motion was made by Scott,
seconded by Hutchison, to deny the petition to rezone the property as submitted.

Yea: Scott, Hutchison, Hinchen, Duncan
Nay: Millik, Johnson, Hauser
Motion carried 4-3.

Discussion then ensued regarding signage issues that were discussed at the previous Plan
Commission Meeting. Kelly Hall, Community Development Director, requested
direction from the Commission as to the interpretation of the ordinance language, and
how the City should proceed in reference to the “replacement value” of non-conforming
signs. The Commission needs to make a determination in reference to repairing or not
repairing structures that are severely damaged. The second issue would be the allotment
of time for non-conforming structures to remain in place.

Kelly Hall and City Attorney Beard reviewed the present situation with the Commission.
Due to damage from the windstorm, some signs are completely destroyed and are on the
ground, and some are still standing with less damage. The language of the ordinance was
discussed, and the consensus of the Commission was that signs completely destroyed and
on the ground could not be replaced, as cost of repairs must necessarily exceed fifty
percent (50%) of the cost of a new sign. Other signs partially damaged could be repaired,
with Kelly Hall and City Attorney Beard to work with the owner on which signs could be

The City plans to conduct research on the length of time other communities allow non-
conforming signs to be in place before they require them to be removed. The
Commission can then propose amendments to the zoning ordinance for Council approval,
stating that regardless of the condition of the sign, on a certain date all non-conforming
signs must be removed. A recommendation of ten years was made. Hall stated he will
present the Commission with the proposed changes to the ordinance at a future Plan
Commission Meeting.

Discussion ensued regarding a request for variance for the reduction of setback
requirements for property located at 3 Harmony Drive. Kelly Hall stated the City
received another request where a new home and garage have been constructed, and now
the owner requests to attach the two structures with a breezeway. The owner has been
informed that they would be in non-compliance as attaching the two structures would put
the rear yard variance at five (5) feet. The owners have asked about leaving a small gap
or opening a few inches in between, and not actually attaching the structures together.
                                                                             Summary of Minutes
                                                                     Jacksonville Plan Commission
                                                                                    August 5, 2009
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Under the current ordinance that would be an allowable variance, since the two structures
are not attached.

Hall questioned, even though technically these structures are not connected, does it defeat
the whole intent and purpose of the language in the ordinance, and asked for the
Commission’s direction on how to proceed with these types of issues.

City Attorney Beard suggested amendments to the ordinance language be made by stating
proposed additions to an existing structure be limited to a certain number of feet or inches
away from another existing structure. Hall made another suggestion by stating that the
ordinance be amended regarding small lots, as these types of issues are typical of small
lots. Another idea may be to look into setting a different time frame regarding plat dates,
amending the ordinance to state “platted before 1950”, or something similar, to address
the older neighborhoods with smaller lots. Changes to the ordinance language will be
addressed and presented to the Commission in the near future.

ADJOURNMENT: With no further discussion a motion was made by Johnson,
seconded by Hinchen, to adjourn the Plan Commission Meeting at 7:15 p.m.

Jim Duncan, Chair

Vicki Millik, Secretary

Recorded by City Clerk Skip Bradshaw.

                                                                               Summary of Minutes
                                                                       Jacksonville Plan Commission
                                                                                      August 5, 2009
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