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05-15-86 v / . MINUTES OF THE BOARD OF ADJUSTMENT CITY OF ATLANTIC BEACH MAY 15, 1986 CITY HALL 7:00 P.M. Present : L.B. MacDonell, Chairman Dorothy Kerber Samuel T. Howie John Bass And: Hilary Thompson, Recording Secretary And: Richard Pyell Stephan & Linda Richards Paul J. McConnell, Jr. Chairman MacDonell called the meeting to order at 7:06 p.m. He asked for comments or corrections to be made to the minutes of April 17, 1986. There being no corrections Mr. Bass motioned to accept the minutes as written, Mr. Howie seconded the motion which carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * NEW BUSINESS A. Request for rear setback variance; Lot 12, Selva Tierra, 1865 Selva Grande Drive; Richard and Nancy Pyell. Mr. Pyell told the Board that the variance he was requesting was for an area approximately 6 square feet into his setback requirement (a corner of his deck that at the furthest point was 1' 11") , He had obtained a letter of release from the developer, Treco Corporation, A letter from the president of the homeowners association and signatures of the neighbors most effected by the construction, Mr. John O'Kelly of 1864 Selva Grande Drive stated that he had no objections to Mr. Pyell enclosing his deck and felt that it could only enhance the area. The Board informed Mr. Pyell of the legal aspects of the Board granting him a variance from the covenants and restrictions of his subdivision. The Board addressed the findings of fact as established by the code. Mr. Howie made a motion to approve Mr. Pyell's request with the stipulation that he must first sign the required release before the City can issue him a building permit . Mrs. Kerber seconded the motion which passed unanimously. B. Request for rear setback variance; Lot 11, Selva Marina 12-B; 359 - 19th Street; Stephan and Linda Richards. The Board discussed with the Richards the variance they requested and the fact that if they were to sacrifice the live oak tree that was in the way that they would be able to build the room addition as they wanted without getting into their setback requirements. Chairman MacDonell also suggested that they build a garage to be used as an exercise room instead of harming the tree or building into the setback line, The Richards stressed that the house was built around the tree and that cutting down the tree would be a great loss. It is also not feasible to build a garage because they would • Board of Adjustments May 15, 1986 Page 2 not be able to supervise their sons exercise activities which are required because of an injury. Mr. Bass told Mr. and Mrs. Richards that he would be glad to make a motion to approve their request, but if the Board disapproved the variance they would not be able to come back to the Board for one year. After discussion the Richards asked that their request for variance be tabled to allow them to explore other possible options. Mr. Bass motioned to defer their request , Mrs. Kerber seconded the motion which passed unanimously. C. Request for rear set back variance; Lot 1, Selva Marina 12-C; 1835 Live Oak Lane; Paul J. McConnell, Jr. After a brief debate over the requested variance Mr. McConnell requested that his request be withdrawn so that he too may look into other possible options. Mrs. Kerber made a motion to accept Mr. McConnell 's withdrawl, Mr. Howie seconded the motion which passed unanimously. * * * * * * * * * * * * * * * * * * * * * There being no further business Chairman MacDonell adjourned the meeting at 8:21 p.m. I L.B. MacDonell, Chairman