08-16-84 v MINUTES OF THE BOARD OF ADJUSTMENT
CITY OF ATLANTIC BEACH
August 16 , 1984
CITY HALL
7 : 00 P .M.
PRESENT: C .T . Tinsley , Secretary
Frank J . Tassone
George Bull , Jr .
Dorothy Kerber
AND: A. William Moss , City Manager
Rene ' Angers , Recording Secretary
AND: Daniel F. Hubsch
Richard J. Riley
Raymond A. Barrett
ABSENT: Louis B . MacDonell , Chairman
The meeting was called to order at 7 : 13 p .m. by Mr . Tinsley.
A roll call noted that all members were present with the
exception of Mr . MacDonell. Mr . Tinsley was asked to act
as Chairman.
Mr. Tinsley asked for a motion to approve the minutes of
the meeting of July 11 , 1984, noting minor typing corrections
that had been made , Mr. Tassone motioned to approve the
minutes of July 11, 1984. Mrs . Kerber seconded the motion
which carried unanimously.
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OLD BUSINESS
Mr. Bull asked for clarification of the order , prepared by
the City Attorney , that had been discussed at the last meeting
in his absence . There was a brief discussion on the matter .
Mr . Tinsley asked whether a decision had been made regarding
the vote of the Board; whether 4/5ths vote was needed or
whether a majority was sufficient . Mr . Moss stated that he
would ask the City Attorney for his legal opinion and report
back to the Board.
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Board of Adjustment
August 16 , 1984
NEW BUSINESS
Mr. Tinsley called the Board' s attention to item #1 under
New Business :
Request for Variance to build on property with 25 ' width ,
and to build on a zero lot line - West 2 of Lot 4, Block
2 , Atlantic Beach, Daniel F . and Bertica Hubsch
Richard J . Riley introduced himself and stated that he
represented Mr. Hubsch. He stated that Mr. Hubsch was
requesting a variance to build with a 6 ' setback on the
east side and a 1 ' setback on the west side . He added that
this would put the McDade house (54 East Coast Drive)
approximately 50 ' from any construction. He added that it
would be a single family dwelling and that the lot depth
of 130 ' would be ample for off-street parking.
Mr. McDade stated that positioning the house in this manner
would put it within 20 ' from his house .
Mr. Riley stated that Mr . McDade is the owner of the
property on either side of Mr, Hubsch ' s property. He
stated that Mr. Hubsch had written a letter to Mr. McDade
on March 22 , 1978 (a copy of which is attached) asking him
to sell a portion of his property so that Mr. Hubsch 's
property would be 50 ' wide and in compliance with the
zoning ordinance but received no reply .
Mr. Tinsley asked for a list of the people present who were
opposing the request ; a list follows : Virginia and John
Conway , John Bontya , Vernon Schmidt , Pat Drake , Joe Johnson,
Paul and Diane Otterbach, Ed and Edie McDade , Sidney Abrams ,
Betsy Wilkins , Cyril Johnson, and Grafton and Frances Smith.
Mr. Bull asked Mr . Hubsch if he was aware that the property
was non-conforming when he acquired it . Mr . Hubsch stated
that he purchased the property at a tax sale ten years ago
and that he did not check the zoning. He added that he was
aware that it was 25 ' wide at the time of purchase .
Mr. Bull was concerned that by granting a variance to build
on a zero lot line, the Board would be setting a precedence
for similar requests .
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Board of Adjustment
August 16, 1984
Mr . Bull addressed the six points in the Board' s guidelines
for review and stated that the request did not satisfy them.
There being no further comments or questions , Mr . Tinsley
called a vote . The request for variance was unanimously
denied.
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Mr. Tinsley called attention to item #2 under New Business :
Request for Variance of rear setback - 1850 North Sherry
Drive, Raymond A. and Elizabeth M. Barrett
Mr. Barrett introduced himself and stated that he had
recently met with Mr . Bull and that he had indicated that ,
because the property owners within the unit can administer
the covenants and restrictions , the first step should be to
satisfy the deed restrictions that apply to the property
by obtaining a signed petition of the property owners or to
apply to the property owners for a variance . Mr . Barrett
stated that he wished to withdraw his request for variance
until a later date. The Board accepted Mr . Barrett 's
request for withdrawal .
The meeting was adjourned at 7 : 55 p .m.
C .T. Tinsley, Sec tary
Attachment to the Minutes ,
Board of Adjustment
August 16 , 1984 517 xxxxx
xxxxxxxxxxxx March 22, 1978
Mr. Edward D. McDade
54 East Coast Drive
Atlantic Beach, Fla. 32233
Re: Your Lots 6 and East 1/2 of Lot 4
Dear Mr. McDade:
I own the 25 foot wide lot between your above shown property. I believe
now would be a good time to sell the properties especially since there
is construction going on in the same block as our lots.
Are you interested in listing the property with a broker for sale? I
would appreciate your response.
Very truly yours,
Daniel F. Hubsch
DFH/ob