MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENT
JULY 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.
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 ASSISTANT COUNTY ATTORNEY
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 June 4, 2008. Mr. James Andrisin moved to approve the minutes, and Ms. Jennifer Flinn seconded the motion, and it was unanimously approved, 3-0 vote
1. PETITION NO. 1947:
A request by applicant Thomas Franklin Walker, applicant for Beach and Walker, owner for a hardship variance as provided for in Chapter 407, Article 1, Section 407.01(a), and a variance in the (Subdivision Regulation) as provided for in Chapter 407, Article 8 Section 407.73(f)1 of the Alachua County Unified Land Development Regulations, to create a 1 acre parcel and 8 acre parcel fronting a public road and a variance in principle building on lot to allow a 2nd mobile home on 8+ acre residual, in an “Agriculture” Zoning District on property located at 14509 SE 43rd PL, Hawthorn, FL 32640.
DESCRIPION OF PROPERTY:
S1/2 OF NE1/4 OF NW1/4 S OF PUB RD LESS 300 FT N & S X 700 FT E & W IN NW COR OR 2127/2740.
LOCATION OF PROPERTY:
14509 SE 43rd PL
p The following comments were submitted by Public Works Department:
This property has access to SE 47th Avenue, a County-maintained graded road via SE 147th Drive and SE 43rd Place, a privately maintained road that serves three other parcels. There are already three existing structures on the parcel in question so there are no additional transportation impacts associated with this request. The Department has determined that access as being marginally suitable for the provision of service; therefore; the Department does not have concerns regarding the creation of a family homestead exception lot. There are floodplains located on the property but these flood plains are not located within the family homestead exception lot so there is no development issues associated with the floodplains.
p The following comments were submitted by the Zoning Department:
History: This is an existing 9 acre legal lot of record. There is an existing old frame home on the property with a mobile home. A variance was granted in 1979 to allow a second mobile home with the stipulation that there property not be divided and the mobile home would be removed when no longer occupied by the applicants brother-in-Law. No name was given for the brother-in-law.
Summary: This is the first division of a parent parcel into a 1 acre lot and an 8 acre lot that does not front a public road. The family homestead for the one acre will be done administratively since the residual is more than 5 acres. The second part of the request is to allow a second mobile home to remain on the 8 acre residual as a hardship.
Recommendation: If public Works supports the road frontage requirement and the Board finds sufficient basis for both the subdivision variance and hardship variance, Codes Enforcement would support the PETITION with conditions being placed on the hardship variance.
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, and read the Public Works Department comments, adding that the Office of Codes Enforcement would support the request if the board approves the variance. Mr. Beckham distributed picture of the property
Mr. Hayes then requested the petitioner to come forward. Mr. Thomas F. Walker approached the podium and commenced his presentation by asking the county to allow William & Barbara Swilley, owners of property to create a 1 acre parcel and 8 acre parcel and a hardship variance for William & Barbara Swilley to allow a 2nd mobile home on the 8 acre residual. So they can replace the SFD with a mobile home. Mr. Swilley submitted a letter to the board from his Physician.
Mr. Hayes opened up the floor for questioning and/or comments.
Mr. Robert Colman approached the podium to question what will change about the property.
Mr. Beckham stated that the single family dwelling on the property with be replaced with a mobile home.
After discussion, Mr. James Andrisin made a motion to approve the request by Thomas Franklin Walker, applicant for Beach and Walker, owner for a hardship variance as provided for in Chapter 407, Article 1, Section 407.01(a), and a variance in the (Subdivision Regulation) as provided for in Chapter 407, Article 8 Section 407.73(f)1 of the Alachua County Unified Land Development Regulations, to create a 1 acre parcel and 8 acre parcel fronting a public road and a variance in principle building on lot to allow a 2nd mobile home on 8+ acre residual, in an “Agriculture” Zoning District on property located at 14509 SE 43rd PL, Hawthorn, FL 32640. Hardship based on medical issues. Ms. Jennifer Flinn seconded the motion and it was approved, 3-0 Vote.
2. PETITION NO. 1948:
A request by Daniel C. Daugherty, applicant for Daniel W. Daugherty, owner for a Family Homestead Exception as provided for in Chapter 402, Article 23, Section 402.142(c)2, and variance in the (subdivision Regulation) public road frontage requirement as provided for in Chapter 407, Article 8 Section 407.73(f)1 of the Alachua County Unified Land Development Regulations to create one (1) 4.91 acre parcel for Daniel Clinton Daugherty, son, and one (1) 4.91 acres for Daniel W. & Charlotte Daugherty, owner , in an “Agriculture” Zoning District on property located at 16229 S.W. 42nd Ave, Archer, Florida
DESCRIPION OF PROPERTY:
Parcel A:
The South half (S1/2) of the Northeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 16, Township 10 south, Range 18 East, Alachua County, Florida.
Together with a 30 foot easement for ingress, egress and utilities being more particularly described as follows:
TOGETHER WITH AN easement for ingress, egress and utilities over and across the South 20 feet of the North ½ of the Southwest ¼, and over and across the North Twenty feet of the South ½ of the Southwest ¼ of Section 16, Township 10 South, Range 18 East, Alachua County, Florida, known as SW 42nd Avenue.
Parcel B:
The North ½ of NE ¼ of SE ¼ of SW ¼ of Section 16
LOCATION OF PROPERTY:
16229 SW 42nd Ave, Archer, Florida
p The following comments were submitted by Public Works Department.
This property has access to SW 170th Street, a County-maintained paved road via SW 42nd Avenue, a privately maintained paved road that serves a large number of other parcels. There are already two existing structures on the parcel in question so there are no additional transportation impacts associated with this request. The Department has determined that access as being suitable for the provision of service; therefore; the Department does not have concerns regarding the creation of two family homestead exception lots.
p The following comments were submitted by Zoning Department.
HISTORY: The 10+ acre parcel is a legal lot of record and parent parcel. There are currently two dwellings located on the parcel as a result of a 1988 hardship variance (PET 567) granted by the Board of Adjustment for the parents of Daniel and Charlotte Daugherty. The applicant should address who is currently occupying the second mobile home.
SUMMARY: The parcel is a legal lot of record and parent parcel. The subdivision variance in needed because the property does not front a public road. The Family homestead request is needed because the residual parcel is less than 5 acres.
RECOMMENDATION: If the public Works department recommends approval of the Road frontage requirement and the Board finds basis for approval Code Enforcement would support approval of the request.
p The Environmental Protection Department has no comments regarding this request:
Mr. Beckham read the petition into the record, and read the Public Works Department comments, adding that the Office of Codes Enforcement would support the request if the board approves the variance. Mr. Beckham distributed picture of the property
Mr. Hayes then requested the petitioner to come forward. Mr. Daniel W. Daugherty approached the podium and commenced his presentation by asking the county to allow him have a family homestead exception and variance to create one (1) 4.91 acres for Daniel Clinton Daugherty, son, and one (1) 4.91 acres for Daniel W. & Charlotte Daugherty.
Mr. Hayes opened up the floor for questioning and/or comments.
Mr. Foster approached the podium to state that he is for the petition.
Mr. Phil Hartley approached the podium to state that he is for the petition.
After discussion, Ms. Jennifer Flinn made a motion to approve the request by Daniel C. Daugherty, applicant for Daniel W. Daugherty, owner for a Family Homestead Exception as provided for in Chapter 402, Article 23, Section 402.142(c)2, and variance in the (subdivision Regulation) public road frontage requirement as provided for in Chapter 407, Article 8 Section 407.73(f)1 of the Alachua County Unified Land Development Regulations to create one (1) 4.91 acre parcel for Daniel Clinton Daugherty, son, and one (1) 4.91 acres for Daniel W. & Charlotte Daugherty, owner , in an “Agriculture” Zoning District on property located at 16229 S.W. 42nd Ave, Archer, Florida. Mr. James Andrisin seconded the motion and it was approved, 3-0 Vote.
3. PETITION NO. 1949:
A request by Roy Roig, 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 daughter, on 5 acres of land with an existing manufactured home, in a “Residential” Zoning District on property located at 21608 NW CR 2054, Alachua, FL 32615
DESCRIPION OF PROPERTY:
BRADLEY AN UNRECORDED S/D PER W D PARRISH SURVEY DATED 2-2-78 LOT 11 OR 1756/1276.
LOCATION OF PROPERTY:
21608 NW CR 2054, Alachua, FL 32615
Mr. Beckham read the petition into the record, and read the Public Works Department comments, adding that the Office of Codes Enforcement would support the request if the board approves the variance
Mr. Hayes then requested the petitioner to come forward. Applicant did not show for meeting.
Mr. James Andrisin made a motion to defer petition for August meeting. Ms. Jennifer Flinn seconded the motion and it was approved to defer, 3-0 Vote.
4. PETITION NO. 1950:
A request by James D Harper and Sherry A. Hale, owner for a Family Homestead Exception as provided for in Chapter 402, Article 23, Section 402.142(c)2 of the Alachua County Unified Land Development Regulations to create one (1) 2.5+ acre parcel for Sherry A. Hale, daughter, with a residual of 2.5+ acres for James D. Harper, owner , and variance in the (subdivision Regulation) public road frontage requirement as provided for in Chapter 407, Article 8 Section 407.73(f)1, in an “Agriculture” Zoning District on property located at 7929 NE 44th Street, Gainesville, Florida
DESCRIPION OF PROPERTY:
DB L-633 Commence at W ½ of N ½ lot 10, NW corner POB, S. 661.92ft, E. 330.0ff, N. 662.59ft, W. 330.0ft to POB or 1703/1945.
Parcel A:
DB L-633 Commence at W ½ of N ½ lot 10, NW corner S 330.96ft to POB, S 330.96ft, E 330.0ft, N 331.295ft, W 330.0ft to POB or 1703/1945
Parcel B:
DB L-633 Commence at W ½ of N ½ lot 10, NW corner POB, S. 330.96ft, E. 330.0ft, N. 330.96ft, W. 330.0ft to POB or 1703/1945.
LOCATION OF PROPERTY:
7929 NE 44th Street, Gainesville, FL
p The following comments were submitted by Public Works Department.
This property has access to NW 77th Avenue, a County-maintained paved road via NE 44th Street, a privately maintained unimproved road that serves 8 parcels, including the subject parcel. The Department has determined that access as being suitable for the provision of service; therefore; the Department does not have concerns regarding the creation of two family homestead exception lots.
p The following comments were submitted by Zoning Department.
HISTORY: This 5 acre parcel was created by an old 1988 subdivision variance. Currently the subdivision regulation do not allow for additional splits of parcels that were created by a variance, except for variances created prior to October 2, 1991, for the purpose of creating family homestead parcels.
SUMMARY: The property qualifies for the division into two family homestead parcels. The property does not front a public road. And a variance is needed in this requirement to allow the lot split.
RECOMMENDATION: If the public works Department supports the request in the road frontage requirement and the Board finds sufficient basis for the variance Code Enforcement would support the Petition.
p The Environmental Protection Department has no comments regarding this request:
Mr. Beckham read the petition into the record, and read the Public Works Department comments, adding that the Office of Codes Enforcement would support the request if the board approves the variance. Mr. Beckham distributed picture of the property
Mr. Hayes then requested the petitioner to come forward. Mr. James D. Harper approached the podium and commenced his presentation by asking the county to approve variance in the subdivision regulation and to allow him to have a family homestead exception to create one (1) 2.5+ acre parcel for Sherry A Hale, daughter, with a residual of 2.5+ acres for James D. Harper.
Mr. Hayes opened up the floor for questioning and/or comments.
After discussion, Ms. Jennifer Flinn made a motion to approve the petition. Mr. James Andrisin seconded the motion and it was approved, 3-0 Vote.
OTHER BUSINESS
With no further business, the Board of Adjustment meeting adjourned at 6:50 PM.