MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENT
APRIL 2, 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 Assistant County Attorney, Mr. David Schwartz.
“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 March 5, 2008. Mr. Robert Pratt moved to approve the minutes, and Mr. James Andrisin seconded the motion, and it was unanimously approved, 4-0 vote
NEW BUSINESS:
PETITION NO. 1943:
A request by Tom & Shirley Lane for Energy Conservation Services, owner, for a variance as provided for in Chapter 403, Article 4 – Commercial Standards, of the Alachua County Unified Land Development Regulations in the front yard setback from 25 feet to 2 feet for solar array in a “BR” Zoning District on property located at 6110 SW 13th Street, Gainesville, FL 32608.
DESCRIPION OF PROPERTY:
MCINTOSH GRANT ROCKY PT HOMESITES PB D-42 LOT 14 OR 2021/2077
LOCATION OF PROPERTY:
6110 SW 13th Street
p The Public Works Department has no comments regarding this request
p The following comments were submitted by the Department of Planning & Development:
Based on the comprehensive Plan policies, staff recommends denial of the proposed application.
p The Environmental Protection Department has no comments regarding this request:
Mr. Beckham read the petition into the record, and read the Planning & Development Department comments, 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. Tom Lane approached the podium and commenced his presentation by stating that he would like to have the setbacks changed for the existing solar panels to keep from cutting down trees on the property.
Mr. Hayes opened up the floor for questioning and/or comments.
After discussion, Mr. James Andrisin made a motion to approve the Variance for the setbacks on the existing solar panels only subject to any after fact permits. Mr. Robert Pratt seconded the motion and it was approved, 3-1 Vote.
PETITION NO. 1944:
A request by applicant Jason Upshaw for Mildred Upshaw, 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 on 7.18 acres of land with an existing manufactured home, in an “Agriculture” Zoning District on property located at 5107 SE 159th St Hawthorne, FL 32640
DESCRIPION OF PROPERTY:
A parcel of land being Lot 81 and all that land East of the East line of said Lot and West of the centerline of Lochloosa Creek, of the Grove Park Subdivision, as recorded in Plat Book “A”, page 5, Section 19, Township 10 South, Range 22 East, Alachua County, Florida, being more particularly described as follows:
Commence at a concrete monument marking the Southwest corner of Section 19; thence Easterly along the South line of said Section, North 89 deg 59 ft 12 in East a distance of 1370.00 feet to the intersection with the Southerly projection of the East right of way line of Magnolia Street; thence N 0 deg 18 ft 35 in East a distance of 76.57 feet to the North right of way of State Road #20; thence continue along the East right of way of Magnolia Street, Northerly a distance of 1831.43 feet to the Southwest corner of Lot 81 and the true point of beginning; thence Easterly along the South line of Lot 81, S 89 deg 41 ft 25 in East a distance of 660.00 feet to an iron pipe; thence continue 277.00 feet to the centerline of Lochloosa Creek and Point “B”; thence from the point of beginning, continue along the East right of way of Magnolia Street, N 0 deg 18 ft 35 in East a distance of 330.00 feet to the Northwest corner of Lot 81; thence Easterly along the Northline of Lot 81, S 89 deg 41 ft 24 in East a distance of 660.00 feet to an iron pipe; thence continue 208.95 feet to the centerline of Lochloosa Creek and Point “A”; thence Southerly along the centerline of said creek and following 8 courses to Point “B”:
South 41 deg 00’ 00” East 41.0 feet, thence
South 44 deg 00’ 00” West 29.0 feet, thence
South 13 deg 00’ 00” East 69.0 feet, thence
South 14 deg 00’ 00” West 53.0 feet, thence
South 28 deg 00’ 00” West 35.0 feet, thence
South 29 deg 00’ 00” East 37.0 feet, thence
South 48 deg 00’ 00” East 40.0 feet, thence
South 20 deg 06’ 00” East 74.4 feet and closing on Point “B”
LOCATION OF PROPERTY:
5107 SE 159th St. Hawthorne, FL
p The following comments were submitted by the Public Works Department.
The Public Works Department has no concerns in regards to this request. Although there is 100-year flood-plan shown on the property, the proposed secondary structure is located outside the limits of the 100-year flood plain and the driveway connection to SE 159th Street, a County maintained graded road meets current standards, and therefore a driveway permit will not be required for the installation of the secondary structure.
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.
Environmental Protection Department has no objection in regards to the request for a hardship variance. However, there are environmental concerns on the property. These concerns will be addressed through the pre-application screening process. It has been determined by field verification that the general area indicated on the site plan is large enough to accommodate another manufactured home and remain outside natural resources and buffers. The applicant must begin the pre-application screening prior to any clearing or placement of the manufactured home on the parcel.
Mr. Beckham read the petition into the record, also read the Public Works, Environmental Protection comments and stated that the Department of Planning & Development have no comments or concerns regarding this petition. The Office of Codes Enforcement would support the request if the board approves the variance. Mr. Beckham distributed pictures of the property.
Mr. Hayes then requested the petitioner to come forward. Mr. Jason Upshaw approached the podium and explained to the Board that his mother has chronic back pain and other medical issues. Mr. Upshaw 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 only for applicant’s mother, Mildred Upshaw. Mr. Robert Pratt seconded the motion and it was unanimously approved, 4-0 Vote
OTHER BUSINESS
Mr. Pearse Hayes stated that he attended 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.