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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. * iV i. * * i. i. i. * * * * * i. * i. * 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. • Page 2 Board of Adjustment January 16, 1986 Chairman MacDonell suggested that the request be withdrawn since they would not need a variance if the Commission approves the ordinance change.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. :: :'c :'c :: :: :: * :: :: :c * * There being no further business to come before the Board, Chairman MacDonell adjourned the meeting at 7:42 p.m. L.B. MacDonell, Chairman