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06-20-85 v MINUTES OF THE BOARD OF ADJUSTMENT CITY OF ATLANTIC BEACH June 20, 1985 CITY HALL 7:00 P.M. PRESENT: Mrs. Dorothy Kerber, Acting Chairperson Frank J. Tassone Samuel T. Howie John Bass AND: Rene' Angers, Secretary AND: Robert Warren Allan Wheeler Robert Callander ABSENT: L.B. MacDonell, Chairman Richard C. Fellows, City Manager The Board asked Mrs. Kerber to chair the meeting in Chairman MacDonell's absence. Mrs. Kerber called the meeting to order at 7:00 p.m. She asked if there were any corrections to be made to the minutes of the meeting of May 16, 1985. There being none, Mr. Tassone motioned that they be approved as presented. Mr. Howie seconded the motion, which carried unanimously. 1. * il` * J` J` %1` * * * * iC * J. * %\ I\ I\ I\ \ I\ * I\ I\ !\ * NEW BUSINESS Item #1 - Request for Side Setback Variance on a Corner Lot - Robert Warren 191 Twelfth Street Mr. Warren introduced himself and stated that he had enclosed a small attached garage last year and that he had been required to pour a 20' x 20' concrete slab in the back yard in order to conform to the parking require- ments. He stated that the slab was poured in line with the existing structure; ten feet from the side property line. He stated that he wished to build a garage on the slab and that he was requesting a 5' side setback variance for two reasons; aesthetically it would look better to be built in line with the existing structure, and to preserve as much of the back yard as possible. He stated that he had built a fairly permanent play set in the back yard for his children; built with 4" x 4" sunken posts, and that it would have to be removed if the variance was not granted. Mr. Warren added that there is presently a fence that extends four feet beyond the house and that with the construction of the garage the fence would be removed, resulting in more open space. He informed the Board that he had acquired statements from his neighbors but had neglected to bring them to the meeting. The Board allowed Mr. Warren to return home for the statements. They moved on to the next item under New Business. Page 2 Board of Adjustment June 20, 1985 Item #2 - Request for Side Setback Variance - Allan Wheeler and Robert Callander - Lot 5, Block 39, Section H Mr. Wheeler, 1321 Penman Road, Neptune Beach, stated that he and Mr. Callander own the lot and that they were requesting a side setback variance of 5' in order to have enough room to maneuver trucks into the garage doors of the proposed building. Mrs. Kerber asked the applicants if they were aware of any plans of paving the street. She was concerned that the property was not accessible. Mr. Callander replied that the Building Department had mentioned that the City may pave the street. Mr. Tassone asked if they had discussed the variance with the Upholstery Shop next door. Mr. Wheeler replied that he did not think they would be concerned because their building had only a 2' setback. Mrs. Kerber felt that the Board should have a statement from the neighbors prior to voting on the request. She asked the Board's permission to defer the request until the next meeting rather than possibly rejecting it. Mr. Howie felt that it was not fair for the Board to make the applicants wait another month. He motioned to approve the variance. The motion died for lack of a second. Mr. Callander stated that they had already borrowed the money for the construction of the building and that it cost them additional interest each week that the construction was delayed. Mrs. Kerber suggested that the Board vote on the request, subject to the letters being brought to City Hall, noting that it would cause a financial hardship on the applicants to wait another month. Mr. Tassone stated that he wanted to see the letters before voting on the request. Mr. Bass motioned that the Board vote on the request, subject to the applicants giving a date when they will supply the letters from the surrounding property owners, taking into consideration that some of the property owners may be out of town. Mr. Howie stated that the Board had considered many variance requests in the past and that the Board had never been concerned with letters. Mrs. Kerber stated that the Board had been concerned when they wanted to build that close to other property. She expressed concern that there may Page 3 Board of Adjustment June 20, 1985 not be sufficient room between the buildings for adequate fire protection. Hr. Callander asked if they would need a letter from Larry's Upholstery only, since it was the only property that would be affected. Mrs. Kerber replied that the one letter would probably be sufficient for the Board's purposes. Mrs. Kerber asked for a second to Mr. Bass' notion. Mr. Howie asked if the motion was to vote on the request contingent upon getting a letter from Larry's Upholstery. Mr. Bass replied that the motion included the surrounding property owners. The notion died for lack of a second. Mr. Tassone motioned to require letters from the property owners on both sides and not from those accross the street. The notion died for lack of a second. Mr. Callander asked if the Board could hold a special meeting to review the letters and asked how long they would have to wait before a special meeting could be called. Mrs. Kerber replied that two weeks were necessary for advertising purposes. Mr. Howie stated that tonight's meeting had been advertised, therefore, the surrounding property owners had been notified. Mrs. Kerber stated that many property owners live out of town and many do not subscribe to the local paper. There being no one else present to speak in the matter, Mrs. Kerber stated that it may be in the applicants best interest to postpone voting on the request and calling a special meeting to consider it at a later date. The applicants agreed. The Board then returned to Mr. Warren's request for variance. Mr. Warren submitted the statements from his neighbors to the Board members. The Board took a moment to review the statements. Mr. Howie motioned to approve the request for variance. Mr. Tassone seconded the notion, which carried unanimously. * * * * * iV * J: is * * iv * * * * is There being no further business to come before the Board, Mr. Howie motioned that the meeting be adjourned. Mr. Bass seconded the motion. The meeting was adjourned at 7:45 p.m. n 4kA/ r7c er, Acting Chairperson IN RE : VARIANCE APPLICATION ROBERT E . WARREN 191 12th Street Atlantic Beach , Florida STATEMENT OF at-u 1 . My name is kaj-kieeo . S�yl�` . I own and reside in the home located at ILK) I aV-(-ree;1- Atlantic Beach , Florida . My residence is a single family unit and I have lived there for 7 years . 2 . ROBERT E . WARREN , who owns the home at 191 12th Street , Atlantic Beach , Florida , has advised me that he has applied to the City of Atlantic Beach for a zoning variance regarding his property . He intends to build a 20 ' x 20 ' , one story garage behind his house and adjacent to Ocean Street . He has explained to me that the present zoning provides a 15 ' set back for his side yard ; that his present house is set back 10 ' on that side ; that he wishes to build the garage in the same line with his house ; and that accordingly , he has applied for a variance of the set back from 15 ' to 10 ' . He has also explained to me the intended construction and use of the garage . 3 . This statement is to advise that I have no objection to the variance request being granted . C tt/L-ic ) -464 K4 +11.i P & NW LL IN RE : VARIANCE APPLICATION ROBERT E . WARREN 191 12th Street Atlantic Beach , Florida STATEMENT OF - cajte-Wa 1 . My name is (17L_ /r,� ��/ / I own and reside in the home located at /aaJL oti,-)10 Atlantic Beach , Florida . My residence is a single family unit and I have lived there for years . 2 . ROBERT E . WARREN , who owns the home at 191 12th Street , Atlantic Beach , Florida , has advised me that he has applied to the City of Atlantic Beach for a zoning variance regarding his property . He intends to build a 20 ' x 20 ' , one story garage behind his house and adjacent to Ocean Street . He has explained to me that the present zoning provides a 15 ' set back for his side yard ; that his present house is set back 10 ' on that side ; that he wishes to build the garage in the same line with his house ; and that accordingly , he has applied for a variance of the set back from 15 ' to 10 ' . He has also explained to me the intended construction and use of the garage . 3 . This statement is to advise that I have no objection to the variance request being granted . 1I ra.z.c. IN RE : VARIANCE APPLICATION ROBERT E . WARREN 191 12th Street Atlantic Beach , Florida STATEMENT OF 1 . My name is � ,� . I own and reside in the home located at \ �3 c p �� Atlantic Beach , Florida . My residence is a single family unit and I have lived there for 1 years . 2 . ROBERT E . WARREN , who owns the home at 191 12th Street , Atlantic Beach , Florida , has advised me that he has applied to the City of Atlantic Beach for a zoning variance regarding his property . He intends to build a 20 ' x 20 ' , one story garage behind his house and adjacent to Ocean Street . He has explained to me that the present zoning provides a 15 ' set back for his side yard ; that his present house is set back 10 ' on that side ; that he wishes to build the garage in the same line with his house ; and that accordingly , he has applied for a variance of the set back from 15 ' to 10 ' . He has also explained to me the intended construction and use of the garage . 3 . This statement is to advise that I have no objection to the variance request being granted . _ i ; N IN RE : VARIANCE APPLICATION ROBERT E . WARREN 191 12th Street Atlantic Beach , Florida STATEMENT OF 4 Y� 'i V 1 1 g, 1-4-) l S 1 . My name is l/q U vd, L, e_ lila 1/ 6 . I own and reside in the home located at 1 C\ 1 � � 1:') c- Atlantic Beach , Florida . My re.; Aence is a single family unit and I have lived there for years . 2 . ROBERT E . WARREN , who owns the home at 191 12th Street , Atlantic Beach , Florida , has advised me that he has applied to the City of Atlantic Beach for a zoning variance regarding his property . He intends to build a 20 ' x 20 ' , one story garage behind his house and adjacent to Ocean Street . He has explained to me that the present zoning provides a 15 ' set back for his side yard ; that his present house is set back 10 ' on that side ; that he wishes to build the garage in the same line with his house ; and that accordingly , he has applied for a variance of the set back from 15 ' to 10 ' . He has also explained to me the intended construction and use of the garage . 3 . This statement is to advise that I have no objection to the variance request being granted . , 1 ..._ V 1A, . ,+w.___. N IN RE : VARIANCE APPLICATION ROBERT E . WARREN 191 12th Street Atlantic Beach , Florida STATEMENT OF 1 . My name is -))ksk�� 0A1 �� . I own and reside in the home located at O.4 lG Atlantic Beach , Florida . My residence is a single family unit and I have lived there for 4(o years . 2 . ROBERT E . WARREN , who owns the home at 191 12th Street , Atlantic Beach , Florida , has advised me that he has applied to the City of Atlantic Beach for a zoning variance regarding his property . He intends to build a 20 ' x 20 ' , one story garage behind his house and adjacent to Ocean Street . He has explained to me that the present zoning provides a 15 ' set back for his side yard ; that his present house is set back 10 ' on that side ; that he wishes to build the garage in the same line with his house ; and that accordingly , he has applied for a variance of the set back from 15 ' to 10 ' . He has also explained to me the intended construction and use of the garage . 3 . This statement is to advise that I have no objection to the variance request being granted . S "A_ 9-0 N\„_\1111,ALA.rV%--- N IN RE : VARIANCE APPLICATION ROBERT E . WARREN 191 12th Street Atlantic Beach , Florida STATEMENT OF 6?(fi/ z, S G" J 1 . My name is /I L . I rent and reside in the home located at /5047,# Atlantic Beach , Florida . My //residence is a single family unit and I have lived there for (p years . 2 . ROBERT E . WARREN , who owns the home at 191 12th Street , Atlantic Beach , Florida , has advised me that he has applied to the City of Atlantic Beach for a zoning variance regarding his property . He intends to build a 20 ' x 20 ' , one story garage behind his house and adjacent to Ocean Street . He has explained to me that the present zoning provides a 15 ' set back for his side yard ; that his present house is set back 10 ' on that side ; that he wishes to build the garage in the same line with his house ; and that accordingly , he has applied for a variance of the set back from 15 ' to 10 ' . He has also explained to me the intended construction and use of the garage . 3 . This statement is to advise that I have no objection to the variance request being granted . gi / . . WARREN—