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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. * * * * * * * * * * * * * * * * * * * * 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. ti Page 2 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. Page 3 Board of Adjustment July 11, 1984 Mr. Tassone motioned that the application for variance be approved. Mrs. Kerber seconded the motion which carried unanimously. * * * * * * * * * * * * * * * * * * * * 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. * * * * * * * * * * * * * * * * * * * * 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. • Page 4 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