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PC Meeting minutes 01-08-13PLANNING COMMISSION MEETING MINUTES JANUARY 8, 2013 The Van Buren Planning Commission held its monthly meeting Tuesday, January 8, 2013 at 5:30 P.M. in the City Council Room of the Municipal Complex. The following items were on the agenda: Approval of minutes from last meeting PLANNING COMMISSION ADJOURNS BOARD OF ADJUSTMENTS CONVENES: Variance request by Michael and Penny Green for a front yard variance on property located at 610 south 4th Street, Van Buren, Arkansas. Variance represented by Michael Green. BOARD OF ADJUSTMENTS ADJOURNS PLANNING COMMISSION RECONVENES: Any other business that comes before this commission PRESENT: Andrew Dibble, Chairman Philip Bagby, Vice-Chairman Scott Morgan Sue Moore Mark Evans Jason Myers John Symonds Jay White Steve Gunter, Code Enforcement David Martin, Chief Building Inspector Joe Hurst, Planning Director Cami Brown, Recording Secretary Stanley Clark, Fire Department Candice Settle, City Attorney Vickie Davis, HDC Chairman Dwight Hopkins, HDC Vice-Chairman OTHERS PRESENT: Michael & Penny Green This meeting was called to order at 5:30 P.M. by Chairman Andrew Dibble. First item on agenda was approval of minutes from the last meeting which was held November 6, 2012. Jay White made a motion to accept minutes as written, motion was seconded by John Symonds and motion carried a unanimous vote. PLANNING COMMISSION ADJOURNS BOARD OF ADJUSTMENTS CONVENES: Next item for consideration was variance request by Michael and Penny Green for a front yard setback from 25 feet to 18 feet for commercial property located at 610 South 4th Street, Van Buren, Arkansas. Mr. Green presented this request, and commented the request was being made to compensate for an awning on the building that encroached on the setback. This awning had been in place for many years, and was being replaced, and building department informed Mr. Green he needed to get this matter resolved to be in compliance with city regulations. Scott Morgan made a motion to approve this variance request, Philip Bagby seconded this motion and motion carried a unanimous vote. BOARD OF ADJUSTMENTS ADJOURNS PLANNING COMMISSION RECONVENES: Under any other business, the commission opened up discussion about a matter that was tabled from the cancelled December 2012 meeting that addresses property maintenance and codes. Joe Hurst commented the Mayor and Historic District as well wanted commission to look over current rules and regulations and see what they state as far as the responsibilities and what the building inspector and fire marshal can do in terms of maintenance and how that relates to safety. The question is do we already have enough enforcement capabilities or do we go ahead and adopt a new property maintenance code. Mr. Hurst commented the information provided to the commission had been highlighted to show the authority those two officials have. Mr. Hurst commented also included what code enforcement has as well. Mr. Dibble asked if there were any comments from fire department or police department. Stanley Clark commented he was there to answer any questions anyone might have. Steve Gunter commented that most of what they have falls under David Martin’s part. He further commented that what he has covers code enforcement but anything that has to do with buildings he comes to David Martin and discusses with his department. David Martin commented the building codes are for new construction and remodeling, not for after the fact. As far as maintenance, it is only when it turns to a life safety issue they become involved. Philip Bagby asked what problems we were having that precipitated this discussion. At that time Dwight Hopkins approached the commission and asked to speak. He commented that in all the years he has served as a commissioner for Historic District there has been discussion about doing something to make it possible to prevent things from becoming an issue or a problem. The way things are right now there is no way for prevention because we lack the teeth to do so. Mr. Hopkins commented that for the last decade plus that unless someone takes out a building permit to refurbish a building there has been no way to go downtown in Historic District and enforce a maintenance issue. Mr. Hopkins commented he hoped he spoke for the HDC when he said we advocate looking into the International Existing Building Code and tying into it to create some means to take care of the historic structures that are specifically exempt from the International Code. At this time Jason Myers commented that historic buildings are covered under the present code, and they are only exempt if it protects their historical nature. Philip Bagby commented what is the issue, is someone getting hurt, and if so we have the authority to step in. Andrew Dibble asked under what mechanism were they proposing to get the knowledge or information of a possible structure that is a problem, were they relying on, say, anonymous tips, to be able to approach going in a building, historic or not. Mr. Dibble commented he saw nothing that covers that. Mr. Hopkins commented there are many ordinances in place throughout the state of Arkansas where these have been put in place and are working to deal with these matters. Mr. Hopkins commented that HDC, Building Inspectors office, Code Enforcement will all tell you there is a gap in what we have in place to be able to address issues. Mark Evans commented maybe a restricted covenant approach for the Historic District and the commission policing itself could be a solution. Mr. Hopkins commented that would be a property owner association thing, and these people do not want to police themselves. Philip Bagby commented have we had the situation where we have approached someone and said this is a safety issue and needs to be addressed, and they have stated the city doesn’t have the authority? Mr. Bagby then commented that he believes we do have the authority to do so if there is, in fact, a life safety issue. He commented there is mechanism in place for that now. Mr. Bagby commented we may not be exercising that authority, but we do have it. Mr. Hopkins commented adopting this code may not be the answer but maybe some local ordinance could come out of this code to address this situation. Jason Myers commented that obviously he is not for this particular code being adopted, and that when he says he has read the code from front to back, he has, and that it is pretty wide open, and this would, if adopted, apply to the entire city, not just the Historic District, and that concerned him. Mr. Bagby commented to Stanley Clark that he thinks Stanley has the authority right now that if Fire Department thinks there is a hazardous situation in a structure he can go in. Mr. Clark commented he does realize it does allow him that authority but that it’s kind of a predicament for these and this has spawned from things that have happened in some of our cities and that this is why people are trying to address the property maintenance and it’s all based on the fact that they want to try to be able to somehow get folks to maintain their property so we don’t get into a situation where someone does get injured. Mr. Clark then commented Mr. Bagby was absolutely right that Fire Department does have the authority and so does David Martin; that they all have some authorities that are granted by the code that we are under right now. He commented by the time they are called in to use their authority, often situations that could have been prevented are already in play. He commented he is just saying if we had some sort of maintenance or preventative code in place they could keep some situations from becoming so bad. He commented there is a process that they have to follow and things have to be very extreme for them to go in a structure. David Martin commented he wished we had something in place to require minimum standards for rental properties. A discussion went on about residential and the issues there with maintenance standards. City Attorney Candice Settle commented there are resources and agencies to help people with those situations. Mr. Bagby commented enforcement is the issue, and that is not a planning issue, that is a safety issue and that makes it and enforcement issue. Vickie Davis commented on bricks being held up on Main Street with bungee cords, and a house in her neighborhood that was left, burned out, and not addressed. Mrs. Davis question was what does it take to get them addressed? Again Philip Bagby commented it is enforcement. Mr. Bagby commented even though more codes and laws would bring him more business, it is not what is needed in this situation, enforcement of what is presently in place is what is needed. Candice Settle commented she wanted to know who this is going to fall on to go out and do this. Stanley Clark commented his opinion is one person’s opinion, and what he sees may not be what someone else sees. He commented he is not an expert in a lot of these things. Mark Evans commented if he sees something make a note and have someone who is expert check it out. Jason Myers commented Fire Department is the authority who has jurisdiction to make the call to have things checked out. Candice Settle commented it might be better to have some specific items put together for commission to review to try and come up with something that addresses this matter. Andrew Dibble commented he thought that had some merit. He then commented he felt the commission needed some help from the various departments with such material to be able to come up with any suggestions in this matter. It was agreed materials would be put together for the commission to look over on this topic. At this time Chairman Dibble commented a letter was received from Clarke Moore turning in his resignation from Planning Commission effective January 1, 2013. Clarke and his family moved to Claremore, OK, so he could take a position with a bank in that location. Mr. Dibble commented while the commission hated losing him, they were happy for him and do wish him the best. With no other business, this meeting was adjourned. _____________________________________ _________________________________ Andrew Dibble, Chairman Cami L. Brown, Recording Sec.