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11-07-85 v MINUTES OF THE BOARD OF ADJUSTMENT CITY OF ATLANTIC BEACH, FLORIDA November 7, 1985 CITY HALL 7:00 P.M. PRESENT: Chairman L.B. MacDonell Mrs. Dorothy Kerber Samuel T. Howie John Bass Richard E. White AND: Rene' Angers, Recording Secretary AND: Cecil Reeves Joseph C. Lambert Ronald Moore Chairman MacDonell called the meeting to order at 7:00 p.m. He asked if there were any comments or corrections to be made to the minutes of the meeting of September 19, 1985. Mr. Howie motioned that they be approved as presented. Mrs. Kerber seconded the motion which carried unanimously. NEW BUSINESS A. Request for Variance to move a mobile home onto property located in a CG zoning district; Block 11, Section H, 1175 Atlantic Boulevard; by Cecil Reeves. Mr. Reeves stated that when they purchased the property it was zoned for 8 mobile homes and that at the time they only moved 1 onto the property. He stated that since that time the zoning has been changed so that mobile homes are: not permitted. He stated that his niece and her family want to move a mobile home onto the lot, along with the existing mobile home, occupied by his sick and elderly mother. He added that he and his mother would feel more comfortable with a family member close by. He further added that there is a mobile home park within 100' of the property. Chairman MacDonell asked Mr. Reeves if he lived in the existing house on the property. Mt. Reeves replied that he lives in the house but that he was moving out and that the house would be torn down. Mrs. Kerber stated that she would like to grant the variance if it could be limited only to the time that Mr. Reeve's mother is living there. Chairman MacDonell informed Mr. Reeves that the Code of Atlantic Beach specifically prohibits the Board of Adjustment from granting variances to permit a use not generally permitted in the zoning district involved.and that mobile homes are not permitted in the district as a permitted use or a use by exception. He informed Mr. Reeves of the 12 month waiting period Board of Adjustment November 7, 1985 Page 2 before he could re-apply for the variance if the Board denied the variance tonight. He suggested that they withdraw the request and consult the City Attorney before proceeding. Mr. Reeves withdrew his application. ;; ;; B. Request for Variance of side setback to construct an outside staircase; Lot 2, Block 22, Atlantic Beach Subdivision A, 420 Beach Avenue; by Joseph C. Lambert. Mr. Lambert, 314 Plaza, stated that his duplex was originally built as a single family home and that a staircase had been added inside to make it a duplex. He stated that only plywood seperates the staircase from the downstairs bedroom and that, there being no insulation, it is very noisy, often disturbing the downstairs tenants. He added that there would still be 7.5 feet from the staircase to the side property line. There was no one present to speak in opposition of the request. M . Howie motioned for approval of the application. Mr. Bass seconded the motion which carried. Mrs. Kerber voted no. C. Request for Variance to permit a swimming pool in the front yard setback (ocean side of an oceanfront lot) , Lot 2, Block 20, Atlantic Beach Subdivision A, 525 Beach Avenue; by Ronald and Diana Moore. Mr. more submitted plans of the proposed swimming pool and discussed the location and design. Chairman MacDonell informed Mr. Moore that if the Board approved the variance to permit the pool on the ocean side of the property, the required setbacks must still be maintained; 8' rear (front) and total of 15' sides. Mr. White asked if the location of the pool would interfere with the coastal construction setback line set by the State of Florida. Mr. Moore stated that they will have to obtain a permit from the Department of Natural Resources. He stated that D.N.R. had instructed him to first obtain the variance from Atlantic Beach. He added that design and location of the pool was determined with the guidance of D.N.R. Mrs. Kerber pointed out that there is another home near the Moore's property that has a swimming pool on the ocean side of the lot. Board of Adjustment November 7, 1985 Page 3 Chairman MacDonell felt it was somewhat of a hardship because there is technically no back yard in which to place a swimming pool. There was no one present to speak in opposition of the request. Mr. Howie motioned for approval of the application. Mr. Bass seconded the motion which carried unanimously. * * n * * V i. * * is iC k i. i. * There being no further business to come before the Board, Chairman MacDonell adjourned the meeting at 7:39 p.m. L.B. MacDonell, Chairman