01-16-86 v MINUTES OF THE BOARD OF ADJUSTMENT
CITY OF ATLANTIC BEACH
January 16, 1986
City Hall
7:00 P.M.
Present: L.B. MacDonell, Chairman
Samuel T. Howie
John Bass
Richard White
And: Rene' Angers, Recording Secretary
And: Mike Paluszynski
James Wingender
Absent: Dorothy Kerber
Chairman MacDonell called the meeting to order at 7:00 p.m. He asked for
a motion on the minutes of the meeting of November 7, 1985. Mr. Howie
motioned that they be approved as presented. Mr. White seconded the notion
which carried unanimously. Chairman MacDonell asked for a notion on the
minutes of the meeting of November 21, 1985. Mr. Howie notioned' that they
be approved as presented. Mr. Bass seconded the motion which carried
Lnaniilous ly.
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NEW BUSINESS
Item A. Request for side setback variance to permit construction of a
swimming pool within 42' of the side lot line; Lot 28, Block 1, Selva Marina
Unit No. 9; William Smith
Mike Paluszynski of the Batts Company was present to represent Mr. Smith.
He stated that the Couu,ission was presently considering changing the zoning
ordinance to require 1' of setback for each 1' of depth of the swimming pool.
Mr. Howie asked if the request would be in violation of the covenants and
restrictions for Selva Marina Unit No. 9. Chairman MacDonell stated that the
covenants and restrictions require a 5' setback for swimming pools.
Mr. White felt that it is an issue before the City Commission and that the
Board of Adjustment should not act upon it until the Commission has made
their determination.
Mr. Howie stated that, regardless of the City Commission decision, the Board
would still have to conform to the covenants and restrictions. Chairman
MacDonell stated that the Board could not approve a variance that would allow
the pool to be located under 5' from the property line. Mr. Paluszynski
was under the impression that the pool would be 5' from the property line
rather than 42' as indicated on the application for variance.
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Board of Adjustment
January 16, 1986
Chairman MacDonell suggested that the request be withdrawn since they would
not need a variance if the Commission approves the ordinance change.
Mr. Paluszynski withdrew the request for variance.
Item B. Request for rear setback variance to construct a 3' glass addition
that would encroach the setback by 22' ; Lot 42, Selva Tierra; James Wingender
Mr. Wingender stated that he had talked with the adjacent neighbors and with
the Selva Tierra Civic Association and that they had no objection to the
variance. He stated that he was suffering a hardship in that they were
required to have a 25' front yard rather than the usual 20' front yard
which doesn't leave room for expansion in the rear.
Chairman MacDonell asked if the glass enclosure would be similar to a
greenhouse-type structure. Mr. Wingender replied that it would be similar
to a greenhouse-type structure.
Mr. Howie felt the Board should have a written waiver of the setback from the
homeowners association if granting the variance. He motioned for approval
of the request pending waiver of the covenants and restrictions. Mr. Bass
seconded the motion which carried unanimously.
Item C. Request for variance of side setbacks to 2' and maximum height
requirement to 39'6" to construct a four story addition; 885 Beach Avenue;
Edward L. Toney.
There being no one present to represent Mr. Toney, Mr. White motioned that
the request be denied. Mr. Howie seconded the notion which carried unanimously.
Chairman MacDonell stated for the record that the existing structure was
built under a PUD which allowd a 2' side setback. It has since been rezoned
to RG3 which requires 15' total side setbacks. He further stated that
elevator shafts were exempt from the maximum height requirement, but thought
there would be more than an elevator shaft in the proposed addition since it
was 26' wide.
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There being no further business to come before the Board, Chairman MacDonell
adjourned the meeting at 7:42 p.m.
L.B. MacDonell, Chairman