07-11-84 v MINUTES OF THE BOARD OF ADJUSTMENT
CITY OF ATLANTIC BEACH
July 11, 1984
7 : 00 P.M.
CITY HALL
PRESENT: L.B. MacDonell, Chairman
C.T. Tinsley, Secretary
Mrs. Dorothy Kerber
Frank J. Tassone
AND: Claude Mullis , City Attorney
Rene' Angers , Recording Secretary
AND: Phyllis M. Cropp
Esphesians A. Bartley
Martin H. Trauger
ABSENT: A. William Moss , City Manager
George Bull , Jr.
Chairman MacDonell called the meeting to order at 7 :12 P.M.
There was a roll call that indicated Mr. George Bull was
absent. Chairman MacDonell asked if there were any corrections
to be made to the minutes of the meeting of March 28 , 1984 .
There being none, Mr. Tinsley made the following motion:
That the minutes of the meeting of March 28 , 1984 be approved
as presented.
The motion was seconded by Mr. Tassone and carried unanimously.
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OLD BUSINESS
There was no old business before the Board.
NEW BUSINESS
Chairman MacDonell called the Board's attention to item #1 on
the agenda; Request for Variance, Mr. and Mrs . Cropp. Chairman
MacDonell asked Mrs. Cropp to comment on her application.
Mrs. Cropp stated that she was not aware that a building permit
was required for the addition of a porch. She added that she
immediately called the City when she discovered she was in
violation.
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Board of Adjustment
July 11, 1984
Mr. Tinsley stated that it was his opinion that this was an
after the fact matter and that the Board has no authority to
pass a judgement. He strongly recommended that any request
of this nature be handled by the City Manager or the City
Attorney.
The City Attorney, Claude Mullis , stated that the only action
the City Manager or City Attorney could take would be to require
them to remove it. He added that if the Board of Adjustment
determines that would be an undue hardship it is within the
Board's legal rights to authorize it,
Chairman MacDonell stated that he did not think it was the
intention of the Cropps to violate the code. He felt that one
of the Board' s duties is to use discretion in granting relief
in a hardship case as warranted under Section III 4 (d) of the
Land Development Code.
There being only four members present, there was a discussion
on whether four votes were needed to approve the request or
whether a majority was sufficient. Mr. Mullis suggested to the
Chairman that a vote be called, and if it is later determined
that four fifths vote is needed, the action would be null and
void.
The vote was called. The motion carried, Mr, Tinsley voted no.
* * * * * * * * * * * * * * * * * * * *
Chairman MacDonell called attention to item #2 on the agenda;
Request for Variance, Mr. and Mrs . Bartley.
Mr. Bartley stated that their home was not large enough to
accomodate his family which has grown since they bought the
home sixteen years ago.
Chairman MacDonell stated that the existing structure was
constructed 15. 8 inches from the back property line and that
the addition would not encroach any further into the setback.
He added that the house backs up to Donner Road so there isn 't
a back door neighbor.
Mrs .Kerber asked if it would create a hardship if the Bartley 's
had to sell their house and buy a larger one.
Chairman MacDonell replied that with his experience in the
real estate profession, he felt it would constitute a hardship.
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Board of Adjustment
July 11, 1984
Mr. Tassone motioned that the application for variance be approved.
Mrs. Kerber seconded the motion which carried unanimously.
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Chairman MacDonell called attention to item #3 on the agenda;
Request for Variance, Mr. and Mrs . Trauger.
Mr. Trauger stated that they would like to add a master bedroom
to their house. He stated that positioning the addition in any
other manner would mean drastic alterations to the kitchen or
make the garage inaccessible.
Mr. Val Wilcox, 750 West Fourteenth Street, stated that he is
in favor of Mr. Trauger ' s addition.
Mr. Charles Sharron, 820 West Fourteenth Street, stated that he
was also in favor of the addition and urged the Board to approve
the request.
Mr. Tassone motioned to approve the request for variance. Mrs .
Kerber seconded the motion which carried unanimously.
Chairman MacDonell asked that the records show that due to prior
siting of the house on the lot, the positioning of the addition
in any other fashion would create a hardship.
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MISCELLANEOUS BUSINESS
Chairman MacDonell stated that he would like to select a
permanent night to hold the meetings of the Board of Adjustment.
He asked if the third Thursday of the month would be acceptable
with the Board members , adding that he had discussed the date
with Mr. Bull and it was acceptable to him.
Mrs.Kerber motioned to accept the date of the third Thursday
of the month at 7 :00 p.m. , as the regular meeting date of the
Board of Adjustment. Mr. Tassone seconded the motion which
carried unanimously.
* * * * * * * * * * * * * * * * * * * *
Claude Mullis stated that he had been advised by the Mayor that
any time the Board feels as though they need the services of the
City Attorney and would like him to be present at a meeting, he
was so authorized to attend.
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Board of Adjustment
July 11, 1984
Mr. Mullis advised the Board that he had prepared an order to
be signed by the Board when granting a variance. He stated
that it was designed so that it could be altered to fit each
situation. After a general discussion on the matter, the
meeting was adjourned at 8 : 05 p.m.
JL449
C.T. Tinsley, Se retary