02-21-85 v MINUTES OF THE BOARD OF ADJUSTMENT
CITY OF ATLANTIC BEACH
February 21, 1985
7:00 P.M.
City Hall
Present: L. B. MacDonell, Chairman
Mrs. Rose Blanchard
Mrs. Dorothy Kerber
Frank J. Tassone
Samuel T. Howie
And: Richard C. Fellows, City Manager
John M. Widdows, Building Inspector
Rene' Angers, Recording Secretary
And: James W. Grubbs
Joe Collins
Chairman MacDonell called the meeting to order at 7:00 p.m. A roll call
noted that all Board members were present. The Chair asked if there
were any comments or corrections to be made to the ndnutes of January
17, 1985. Mr. Tassone motioned to approve the minutes as presented.
Mrs. Blanchard seconded the motion which carried unanimously.
* J. J. J. .3. J. .3. J. .. .3. .. .J. .. .3. .. .. .1. .3.
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NEW BUSINESS
Request for Variance to Encroach Buffer Zone of a Planned Unit Development -
James W. Grubbs, 2232 Fairway Villas Lane North
Mr. Grubbs introduced himself and stated that he had asked the builders to
enlarge the existing patio from 6' x 8' to 10' x 20' because he wanted to
enclose it in the future.
Mr. Tassone asked if the City had required the buffer zone or if the Navy
had required it. Chairman MacDonell replied that it was a condition under
which the planned unit development was approved by the Planning Board and
the Commission.
Chairman MacDonell asked if Mr. Grubbs had been given a copy of the covenants
and restrictions of the subdivision. Mr. Grubbs stated that he was given a
copy of the covenants and restrictions but they did not address the buffer
zone.
Mrs. Kerber stated that she felt the Board of Adjustment had been consulted
a little late; that there is no green area left and the structure is built.
Mr. Grubbs stated that he had removed the palmettos but there were approximately
eleven trees left.
Board of Adjustment
February 21, 1985
Page 2
Mr. Widdows stated that the house was not located according to the site
plan that was provided to the Building Department for permitting purposes.
He stated that if it had been located as on the site plan, there would
be room for the addition without encroaching the 40' buffer zone.
Mrs. Kerber asked if Mr. Grubbs had consulted the City concerning what
he could do with the property. Mr. Grubbs replied that he had not. She
asked if Stokes and Company had explained the buffer zone. He replied
that they did not explain it. He added that the salesman and the building
superintendent from Stokes & Company knew what he had planned for the
patio, and that he had borrowed tools from the superintendent to clear the
back of the lot.
Joe Collins, Stokes & Company, stated that, had Mr. Grubbs applied to the
Developer for architectural review as per the covenents and restrictions,
he would have been advised that he could not proceed with his plans. He
added that he didn't think it was Mr. Grubbs' intent to violate the
requirements, that it was a case of ignorance. He stated that Stokes
and Company would give Mr. Grubbs approval of the addition if the Board
of Adjustment would grant him a variance. Mr. Collins also stated that
the houses are hardly ever located exactly according to the site plan,
that they may move a house over to protect a tree. He stated that most
municipalities require only that the structure be located within the
building envelope; the setbacks and other restrictions.
Mr. Widdows stated that the units had to be setback 15' from the buffer
zone and Mr. Grubbs'house was only about 7' from the buffer zone.
Mr. Collins disagreed and stated that the house had to be setback 15'
from the property line, not the buffer zone.
Mr. Howie felt that by granting the variance the Board would be setting
a precedent for similar requests. Chairman MacDonell said that there
is another request to encroach the buffer zone scheduled for the Board's
next meeting. Mr. Collins guaranteed the Board that there would be no
other houses positioned the same as Mr. Grubbs' so there would be no
future requests.
Mr. Widdows stated that a fence had been erected on the lot that also
encroaches the buffer zone. Mr. Collins felt that a fence would be
permitted to encroach the buffer. Mrs. Kerber advised Mr. Collins that
the plat states that the buffer zone shall be left in a natural and
undisturbed state. She asked how it would be in a natural state if a
fence was erected.
Chairman MacDonell felt that the Board of Adjustment may not have the legal
authority to grant a variance since the property was under a Planned Unit
Development classification. He stated that the Board could vote on the
request and possibly deny it, or they could defer it until the next meeting
so the Board could consult the City Attorney..
Advisory Planning Board
February 21, 1985
Page 3
Mrs. Kerber asked if the Board should encourage Mr. Collins to make sure
that no other home owners build fences into the buffer zone until the
City Attorney has made a ruling. Chairman MacDonell agreed.
Mrs. Kerber added that she had viewed the subdivision and that most of
the property owners had cleared the buffer zone.
Mr. Collins thought it would be in the best interest of all parties to
defer the request until the next meeting. Mr. Grubbs agreed.
After a brief discussion Mr. Howie motioned to adjourn the meeting. Mr.
Tassone seconded the motion which carried unanimously. The meeting was
adjourned at 8:23 p.m.
L.B. MacDonell, Chairman