The first issue pertaining to a temporary model home sales office and the second to a gazebo. K. Hovnanian of Forecast Homes is requesting a Conditional Use Permit to operate a temporary model home sales office in the Pine Meadows subdivision on Scottsville Boulevard. They had purchased two lots within the subdivision and constructed two single family residences per the zoning on the site. According to staff, “One home has an office set up in the den (and)…Neither home is occupied as a residence”, however the applicant’s intent is to sell them at some point in the future. Also signage for the applicant’s business, home sales, is located on Scottsville Boulevard, including signs and flags in the front yards of the homes. This is causing big concerns among Jackson residents over the City’s definition of the word “temporary.” 

Also of concern is the appearance of the signs and flags in what otherwise appears to be a front yard suggesting that the Pine Meadows Subdivision contains mixed zoning with commercial located next to residential.  A Jackson City Building inspector was made aware of the issues when the signs for the sales office were installed. The applicant, the developer, was then contacted regarding the zoning violation and required to submit for a Conditional Use Permit to see if the sales operations can continue at it’s current location. City Planner Susan Peters explained that this particular subdivision does not consist of a single developer, developing the subdivision, but rather the lots being sold individually with the buyers being able to choose their contractor. She said typically a developer will purchase a lot or two and build spec homes on the lots, to showcase their expertise and that is the situation could here.

Another issue posed at the meeting was the subdivisions Covenants, Conditions &Restrictions (CC&Rs). According to Peters the CC&R’s for Pine Meadows state that there is to be no trade, business, or commercial activity and that display signs should not be within the public view. Terry Mangum, an area manager for K. Hovnanian homes, said that the intent of the two model homes is to appeal land owners in the vicinity, county, or any other interested person who may not have the resources or ability to build their own home and has not yet hired a contractor to do so. He also added that the traffic between the two homes would probably generate a lot less than homes within the subdivision that are already occupied. Commissioner Wayne Garibaldi posed that the Commission view the situation as if the homes are up for sale and thus the justification of the signs located on the property which are similar in size to a Realtor’s sign. However it was decided that only one monument sign per home would be allowed and all others would have to come down. While the Commissioners could allow the monument signs, the flags were determined to be obnoxious. After extensive discussion the Commission decided to allow the temporary model homes with the following conditions: K. Hovnanian Homes must remove the flags immediately, there is to be only one monument sign per home that replicates the current size and design as the current one.

Also, the Commission agreed that the use permit is to be reviewed in 6 mos., to account for any changes such as the sale of one of the homes, etc. The Use Permit will ultimately expire one year from the date of the meeting no matter the circumstances.

The next request before the Commission was that of Daniel and Tiffany Maysee requesting a variance to allow construction of a gazebo at their single family residence located at 948 Ponderosa Street, behind Raley’s. The gazebo would encroach three feet into the required five foot side yard setback. Apparently, the applicants were nearing completion of the structure when a Jackson City building inspector became aware of the project and determined that because of the gazebo’s size, the structure should be required to comply with Jackson Municipal Codes that pertain to required setbacks for structures. A structure exceeding 120 sq. feet in size is subject to building codes. 

According to the Staff report, “The project was stopped and the property owners were advised to move the structure out of the side yard setback or obtain a variance from the Planning Commission,” thus the appearance of the agenda item. Planner Peters explained that due to the lot topography and “postage stamp” size of the lot, the spot where the gazebo is located is the only plausible spot for it to be on the property. The agenda item brought forth more issues than just the gazebo as members of the public as well as the Commission said they were concerned with developers wanting to maximize their profit building the largest house possible on a small lot, leaving no room for a greenbelt between homes or no room for homeowners to expand their of the back yard. In referring to the specific subdivision Peters stated “I think we inherited an extremely old cookie cutter parcel map and tried to make it the best we could,” she said.

Nevertheless, the Commissioners agreed that they should look more carefully at future developments for these sorts of situations. Commissioner Wayne Garibaldi had a concern of a different sort. “I greatly hesitate to send a message… ‘hey go ahead and get it half built and apologize later’.” He asked if there was anyway the Commission could impose some kind of a fine for the violation. Peters explained that the City Council would be the governmental body to do so and that there are fee’s associated with a project being red tagged. The project ultimately passed 4-1 with Carlton voting in opposition. Carlton said previously, “I feel sorry for the gentleman, but I cannot support (the) variance.” He went explained the rules and regulations are intended for a reason.