MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENT
MARCH 5, 2008
The meeting of the Alachua County Board of Adjustment was called to order by Pearse Hayes, Chairperson, at 6:00 PM on the above date in Conference Room 209 of the Alachua County Administration Building.
Members Present: Mr. Pearse Hayes, Mr. James Andrisin, and Ms. Jennifer Flinn, Mr. Robert Pratt
Members Absent: Mr. Tim Merrill
Staff Absent: Michael Fay Assistant Director of Transportation & Development of the Department of Public Works
Staff Present: Mr. Benny E. Beckham, Zoning Administrator, and Ms. Nathasha Washington Staff Assistant, and Mr. David Schwartz, Assistant County Attorney was also present as a spectator.
STATEMENT READ BY THE CHAIRMAN:
The following statement was read into the record by Mr. Pearse Hayes, Chair:
All persons wishing to participate and speak on an issue at the public hearing have the right, through the Chair, to ask questions of staff or other speakers, to seek clarification of comments made by staff or other speakers, and to respond to the comments or presentations of staff or other speakers. All persons wishing to participate will be sworn in prior to speaking during this proceeding”.
QUESTION ASKED BY ZONING ADMINISTRATOR
The following question was read into the record by the Zoning Administrator, Mr. Benny Beckham.
“Has any member of the board received any written or oral communication regarding any of the items on the Board of Adjustment agenda tonight? If so, please disclose the substance of the communication and the identity of the person making the communication”.
All of the board members affirmed that no communication took place prior to this evening’s meeting with respect to any of the Board of Adjustment items.
ADMINISTRATION OF OATH TO COUNTY EMPLOYEES, APPLICANTS, AND ALL INTERESTED PARTIES WHO HAVE BUSINESS BEFORE THIS BOARD
The Oath was administered by Ms. Nathasha Washington, Secretary to the Board of Adjustment, to Benny Beckham, applicants and interested parties with business before this Board.
APPROVAL OF THE MINUTES:
Mr. Hayes requested a motion for the approval of the minutes for the last Board of Adjustment meeting held on January 2, 2008. Mr. Robert Pratt moved to approve the minutes with the correction on petition 1937; and Ms. Jennifer Flinn seconded the motion, and it was unanimously approved, 4-0 vote
NEW BUSINESS:
PETITION NO. 1940:
A request by Greg Upshaw, owner, for a variance as provided for in Chapter 403, Article 2 – Rural/Agriculture Standards, of the Alachua County Unified Land Development Regulations in the East yard setback from 25 feet to 16 feet for the existing barn in an “Agriculture” Zoning District on property located at 10415 SW 10th Terr., Micanopy, FL 32667.
DESCRIPION OF PROPERTY:
EDGECLEFF PB I-97 Lot 59 OR 1774/1408
LOCATION OF PROPERTY:
10415 SW 10th Terr.
p The following comments were submitted by the Public Works Department:
Since this is for an existing structure that was constructed outside the limits of the flood plain located on this property, the Public Works Department has no concerns in regards to this request.
p Comments will no longer be provided by the Department of Planning & Development unless they have any concerns and/or questions:
p The following comments were submitted by the Environmental Protection Department:
The Environmental Protection Department has no concerns in regards to the request for a hardship variance. However, there are environmental concerns on the property. These concerns have been addressed through the pre-application screening process prior to any additional development on the parcel.
Mr. Beckham read the petition into the record, and read the Public Works and Environmental Protection Department comments, also stated that the Department of Planning & Development have no comments or concerns regarding this petition, adding that the Office of Codes Enforcement would support the request if the board approve the variance. Mr. Beckham distributed picture of the property
Mr. Hayes then requested the petitioner to come forward. Mr. Upshaw approached the podium and commenced his presentation by stating that he would like to have the setbacks changed for the existing barn.
Mr. Hayes opened up the floor for questioning and/or comments.
Colleen Denmark, neighbor approached the podium to state that she is for the petition.
Mr. James Andrisin made a motion to approve the Variance for the setbacks on the existing barn only. Ms. Jennifer Flinn seconded the motion and it was unanimously approved, 4-0
PETITION NO. 1941:
A request by Thomas E Nelson, Jr., owner for a hardship variance as provided for in Chapter 407, Article 1, Section 407.01(a), of the Alachua County Unified Land Development Regulations, to allow a manufactured home for applicant’s mother, Martha Nelson, on 8.53 acres of land with an existing Single Family Dwelling, in an “Agriculture” Zoning District on property located at 20801 NW 74th Place, Alachua, FL 32615
DESCRIPION OF PROPERTY:
A tract of land situated in Section 12, Township 9 south, Range 17 East, Alachua County, Florida, said tract of land being known as Parcel No. 4 of “colonial Acres” an unrecorded subdivision prepared by Alachua County Lind Surveyors, Inc. and being more particularly described as follows:
Commence at the Northwest corner of the aforementioned Section 12, Township 9 South, Range 17 East for the point of reference and run South 85deg 40min 11 sec East, along the North line of said Section 12 and along the centerline of County Road No. 232 ( 80 foot right-of-way) a distance of 3308.37 feet to the Northwest corner of the East ¾ of the Northeast ¼ of said Section 12: thence run South 03deg 45 min 06 sec West, along the West line of said East ¾, a distance of 1037.14 feet to a steel rod and cap and the True Point of Beginning; thence continue South 03deg 45 min 06 sec West, along said West line, a distance of 650.83 feet to a steel rod and cap; thence South 85deg 21 min 49sec East, a distance of 470.13 feet to a steel rod and cap; thence run North 03deg 45min 06sec East, a distance of 230.74 feet to a steel rod and cap thence run North 40 deg 31min 47 sec East, a distance of 461.70 feet to a steel rod and cap; thence run North 03deg 45min 06sec East, a distance of 50.00 feet to a steel rod and cap; thence run North 85 deg 40 min 11 sec West, a distance of 746.54 feet to the True Point of Beginning. Containing 8.536 acres, more or less
Subject to an easement for ingress, egress and public utilities over, under and across the Easterly 25.00 feet thereof
LOCATION OF PROPERTY:
20801 NW 74th Place
p The Public Works Department has no comments regarding this request.
p Comments will no longer be provided by the Department of Planning & Development unless they have any concerns and/or questions:
p The Environmental Protection Department has no comment regarding this request.
Mr. Beckham read the petition into the record, also stated that the Public Works, Environmental Protection and the Department of Planning & Development have no comments or concerns regarding this petition, adding that the Office of Codes Enforcement would support the request if the board approve the variance. Mr. Beckham distributed pictures of the property.
Mr. Hayes then requested the petitioner to come forward. Mr. Thomas Nelson approached the podium and explained to the Board that his mother has problems with her sight, hearing, and other medical issues. Mr. Thomas would like to have his mother close so that he can assistant her with some of her daily responsibilities.
Mr. Hayes opened up the floor for questioning and/or comments.
Ms. Jennifer Flinn made a motion to approve the petitioner’s request to allow a manufactured home for applicant’s mother, Martha Nelson, on 8.53 acres. Mr. James Andrisin seconded the motion and it was unanimously approved, 4-0 Vote
PETITION NO. 1942:
A request by Donald Groves, owner for a hardship variance as provided for in Chapter 407, Article 1, Section 407.01(a), of the Alachua County Unified Land Development Regulations, to allow a manufactured home for Donald Graves and Mae Brewer, on 5 acres of land with an existing manufactured home, in an “Agriculture” Zoning District on property located at 14710 SW 91st, Archer, FL
DESCRIPION OF PROPERTY:
A tract of land situated in Section 19, Township 11 South, Range 19 East, Alachua County, Florida, said tract of land being known as parcel No. A-6 of an unrecorded subdivision prepared by Alachua County land surveyors, inc. and more particularly described as follows:
Commence at a railroad spike at the Southeast corner of the aforementioned Section 19, Township 11 South Range 19 East, for a point of reference, and run South 89 deg 42 min 31 sec West, along the South line of said Section 19, A distance of 40.00 feet to a concrete monument on the West right of way line of County Road No. 346-A (80 foot Right-of-Way); Thence run North 00 deg 07 min 42 sec West, along said West Right-of-Way line. A Distant of 2000.94 feet to a steel rod and cap; Thence run South 89 deg 38 min 07 sec West, a distance of 974.44 feet to a steel rod and cap and the true point of beginning; thence continue south 89 deg 38 min 07 sec West, a distance of 324.68 feet to a steel rod and cap on the West line of the Northeast ¼ of the Southeast ¼ of the aforementioned Section 19; thence run South 00 deg 11 min 45 sec East, along said West line, a distance of 670.95 feet to a concrete monument at the Southwest corner of Said Northeast ¼ of the Southeast ¼ of Section 19; thence run North 89 deg 38 min 07 sec East, along the South line of said Northeast ¼ of the Southeast ¼ of Section 19, a distance of 324.68 feet to a steel rod and cap; thence run North 00 deg 11 min 45 sec West, a distance of 670.95 feet to the True point of beginning
LOCATION OF PROPERTY:
14710 SW 91st
p The Public Works Department has no comments regarding this request:
p Comments will no longer be provided by the Department of Planning & Development unless they have any concerns and/or questions:
p The Environmental Protection Department has no comment regarding this request.
Mr. Beckham read the petition into the record, also stated that the, Public Works, Environmental Protection Department and the Department of Planning & Development have no comments or concerns regarding this petition, adding that the Office of Codes Enforcement would support the request if the board approve the variance. Mr. Beckham distributed picture of the property.
Mr. Hayes then requested the petitioner to come forward. Mr. Donald Graves approached the podium and explained to the Board that he would like to have his mother closer to him so that he can help with the daily duties.
Mr. Hayes opened up the floor for questioning and/or comments.
Mr. Robert Pratt made a motion to approve the variance for the petitioner with the condition that the manufactured home be removed from property upon termination of the hardship. Ms. Jennifer Flinn seconded the motion and it was unanimously approved, 4-0 Vote
OTHER BUSINESS
Mr. Pearse Hayes stated that he will be sending a letter to the BOCC in reference to Notification of Board members expired terms.
With no further business at hand, the Board of Adjustment meeting adjourned at 7:00 PM.