08-13-81 v MINUTES OF BOARD OF ADJUSTMENT
August 13, 1981
7:00 PM
City Hall
PRESENT: L. B. MacDonnell, Chairman
George Bull, Jr.
Dorothy Kerber
C. T. Tinsley
AND: A. William Moss, City Manager
Joan LaVake, Recording Secretary
AND: Tom Humphress
Rev. Dr. Queen Carol
R. Delcher Carter
Kit Ford
Linda Register
The meeting was called to order by Chairman MacDonnell. A motion was made by
Mr. Bull that the minutes of the previous meeting be approved. The motion was
seconded by Mrs. Kerber and unanimously carried.
The Chairman asked if there was any old business to come before the Board, and
Mr. Bull replied, stating that Mr. John Onstott had resigned due to illness,
and his seat on the Board should be filled by the City Commission. Mr. Bull
felt that the Board should make a recommendation to the City Commission to fill
that vacancy. Mr. Bull submitted to the Board the name of Mrs. Ruth Gregg,
whom he felt was a very interested citizen of Atlantic Beach who was always
willing to offer her services. Mr. Bull advised that he had talked to Mrs. Gregg,
and that she had indicated to him that she would be more than happy to serve
on the Board of Adjustment. Mrs. Kerber added that she knew Mrs. Gregg well,
and felt that she would be a very reliable member. The Board agreed unanimously
to recommend to the City Commission that Mrs. Ruth Gregg be appointed to the
Board of Adjustment.
The Chairman proceeded to the order of new business which was a request for a
variance of setback lines, sidelines, and front lines of property owned by Mr.
William S. Baisden, Jr. , at 364 - 7th Street. Mr. Tinsley addressed himself
to the minutes, stating that proper notice had been given with reference to
this case stating the time, the place and the purpose of the meeting.
The Chairman recognized Mr. Tom Humphress, who represented Mr. Baisden. Mr.
Humphress stated that Mr. Baisden was confined to a wheelchair, permanently
handicapped and disabled, and unable to attend the meeting. Mr. Humphress
addressed the Board, pointing out that the request before them was for a
variance on the sideline setback requirements and the front setback requirements;
---^ that in order mor facilitate Mr. Baisden's residing in the area and being able
to go to and from work, sometimes in bad weather, he requests that he be allowed
to construct a detached carport which, in accordance with the proposal to the
Board, will violate the setback line requirement from a 72' requirement to 15",
and from a setback requirement in the front of 25' to 22' . Mr. Humphress passed
around to the Board a pictoral proposal of the request, showing the existing
house and the proposed carport, which is in conjunction with a wheelchair ramp.
When asked why the carport was detached, Mr. Humphress replied that it was
so that Mr. Baisden could pull up in his car, get out of his car, and have a
minimal distance to wheel from the point where he departs his car to get at the
base of the ramp to start up; that the ramp design and the distance from the
entrance to the house was set forth in a recommendation by the Rehabilitation
Center in Jacksonville where he was residing. Mrs. Kerber asked what the
existing attached garage would be used for; would it possibly be used for
living facilities. Mrs. Kerber was assured by Mr. Humphress that it would
not be used for living facilities, that it would be used only for storage.
Mrs. Kerber continued, stating that she was present at the Commission meeting
when this matter was first brought up; that the subject had arisen that should
this house change hands, that there would be a provision written into anything
the Board of Adjustment did to allow this to also state the carport would be
removed to prohibit the use by anyone of this addition for living quarters.
Mr. Humphress agreed to this proviso. The Chairman added that if this variance
was allowed, it could be done as a personal variance to Mr. Baisden only,
which would not run with the property from hand to hand, and not transferrable.
Mr. Tinsley asked what consideration was being given to the house next door in
the event of its sale should this be done. There was no reply from the audience.
Mr. Tinsley then asked Mr. Humphress if the ramp had already been built, without
a permit. Mr. Humphress replied that it had. Mr. Humphress started to explain
why the ramp had already been built without a permit; Mr. Tinsley advised Mr.
Humphress that it had already been explained to him, but offered Mr. Humphress
his advice -that in the future he follow the law and obtain a permit. A lengthy
discussion followed surrounding the circumstances by which Mr. Humphress was
given a verbal permit by the former City Manager to build the ramp.
In addressing the audience to obtain information from neighbors regarding
opposition, if any, it was discovered that there had been only one opposing
party, a Mrs. Watkins (who was not in the audience) . Mr. Humphress stated that
he had visited Mrs. Watkins and explained the proposal to her; that she had
originally misunderstood what was planned, and that she now had no objection
to Mr. Baisden's proposed plan.
The Chairman recognized Rev. Dr. Queen Carol, who has done home nursing and
helped others for many years. She stated that she now acts as a home nurse
for Mr. Baisden. She explained the motorcycle accident which has left Mr.
Baisden paralyzed. Basing her opinion on her many years of nursing and her
knowledge of the handicapped, she pleaded strongly on behalf of Mr. Baisden
and his need for the variance requested.
Chairman MacDonnell asked if there was any further comments from the audience.
There being none, he called for a motion. Mr. Bull stated that he would be
willing to go along with the request, as long as it is stipulated that the
variance is a personal one, and not attached to the property, and that if
o(Z, Mr. Baisden ever moves ..g -sells the house, that the structure would have to
be removed; not the ramp, only the carport structure. The motion was seconded
by Mrs. Kerber. After a lengthy discussion, the Chairman called for the vote.
The motion was carried unanimously with Mr. MacDonnell, Mr. Bull, Mrs. Kerber
and Mr. Tinsley all voting aye.
There being no further business to come before the Board, the meeting was
adjourned.
C. T. Tinsley, Secretary