MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENT
JUNE 4, 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
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. Pearse Hayes requested a motion for the approval of the minutes for the last Board of Adjustment meeting held on May 7, 2008. Mr. James Andrisin moved to approve the minutes, and Mr. Robert Pratt seconded the motion, and it was unanimously approved, 4-0 vote
OTHER BUSINESS:
A request for correction of minutes from June 7, 2000 on Petition No. 1543 and consideration of additional evidence to support the hardship variance for Mary Jane Maddox.
1. PETITION NO. 1543
A request by Aubrey R. Maddox and Mary Jane Maddox, owners, for variance in Chapter 393 Section 393.32 (principal building on a lot) of the Alachua County Unified Land Development Code as provided for in Section 393.14 in cases of personal hardship, to allow a second manufactured home as a secondary living unit and a variance in the Section 393.14.1 to exceed the 840 square footage requirement for the secondary living unit on 5.067 acres in an “Agriculture” Zoning District located at 18910 NW 156th Avenue.
DESCRIPTION OF PROPERTY:
Commence at the Northeast corner of the aforementioned Section 18, Township 8 South, Range 18 East, for a point of reference; thence run N 87 degrees, 54 minutes, 17 seconds W, along the North line of said Section 18, 365.48 feet to the point of beginning; thence continue N 87 degrees, 54 minutes, 17 seconds W, along said North line of Section 18, 325.40 feet; thence run S 01 degrees, 26 minutes, 13 seconds E, 671.00 feet to the North right of way line of County Road 22-A; thence run S 87 degrees, 54 minutes, 17 seconds E, along said North right of way line, 325.40 feet; thence N 01 degrees, 26 minutes, 13 seconds W, 671.00 feet to the point of beginning.
LOCATION OF PROPERTY:
18910 NW 156th Avenue
Mr. Beckham read the petition into the record, and gave a little history on petition 1543
The tape recorded meeting from June 19, 2000 was played to the board and all citizens attending the meeting.
Mr. Hayes then asked the petitioner or reprehensive to come forward. Ms. Kirstin Stinson approached the podium and commenced her presentation by stating that at the time the variance was granted, Ms. Maddox’s husband, Aubrey Maddox, was still living and was in poor health. At the hearing granting the variance, according to the tape of the proceeding, the variance was granted as to both Mr. and Ms. Maddox. Ms. Maddox herself has obtained a letter from her doctor, David B. Feller, M.D. Ms. Maddox’s daughter and son-in-law, the Blake’s, no longer live on the property. Ms. Maddox has arranged for her daughter Mary Gayle Carter and her two grandsons, to live in the mobile home and help her take care of herself. Kirstin mention that it would be improper for the board to terminate the variance and force Ms. Maddox to remove the mobile home which is currently on her property. Because of Ms. Maddox’s health, it is imperative for her to have a family member in close proximity to help care for her. Also the minutes from the June 19, 2000 meeting need to be corrected so that they accurately reflect what took place at the tape recorded meeting.
Mr. Hayes opened up the floor for opposing, questioning and/or comments.
Mr. Robert A. Rush approached the podium and commenced his presentation by passing out verbatim of tape recorded meeting from June 19, 2000. Also, requesting that the Board of Adjustment terminate a variance for property located at 18910 N.W. 156th Avenue, Alachua, Florida, issued for a personal hardship due to the ending of the personal hardship, and as grounds therefore, would state: On March 23, 2006, Aubrey Maddox passed away. In January of 2008, the Blake’s vacated the second mobile home on the property. Wherefore, request is made that the Board of Adjustment enforce the zoning regulations by requiring the removal of the second mobile home.
Mr. Blake spoke in opposition to Mary Maddox
Ms. Sharon Rush spoke in opposition to Mary Maddox, also passed out pictures.
After a long discussion, Ms. Jennifer Flinn made a motion that the hardship be terminate for A request by Aubrey R. Maddox and Mary Jane Maddox, owners, for variance in Chapter 393 Section 393.32 (principal building on a lot) of the Alachua County Unified Land Development Code as provided for in Section 393.14 in cases of personal hardship, to allow a second manufactured home as a secondary living unit and a variance in the Section 393.14.1 to exceed the 840 square footage requirement for the secondary living unit on 5.067 acres in an “Agriculture” Zoning District located at 18910 NW 156th Avenue. Based on the evidences of Aubrey medical condition. Mr. Pratt, seconded the motion and it was approved, 3-1 Vote.
OTHER BUSINESS
With no further business, the Board of Adjustment meeting adjourned at 7:30 PM.