MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENT
AUGUST 6, 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 Grace Knight Conference Room 2nd floor of the Alachua County Administration Building.
Members Present: Mr. Pearse Hayes, Ms. Jennifer Flinn, Dory Rarey, and Elizabeth Nix
Members Absent: Mr. James Andrisin
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 July 2, 2008. Ms. Jennifer Flinn moved to approve the minutes, and Ms. Elizabeth Nix seconded the motion, and it was unanimously approved, 4-0 vote
1. 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
p The Public Works Department has no concerns in regards to this request:
p The following comments were submitted by the Zoning Department:
HISTORY: The property is a legal lot with frontage or a public road.
SUMMARY: The parcel is not being divided and a hardship Variance could be allowed on this parcel.
RECOMMENDATION: If a common driveway is used and the Board find sufficient basis for the hardship Code Enforcement would support the request with conditions for removal of one of the dwellings when the hardship no longer exist
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 is a geologic feature (sinkhole) on the property. If the placement of the manufactured home is intended to be within 50’ of the edge of this feature, it will have to be approved through the Environmental Protection Department. The exact placement of the manufactured home will be addressed through the pre-application screening process. It has been determined by field verification that there is enough cleared area to accommodate a manufactured home and remain 50’ from the edge of the geologic feature. The applicant must begin the pre-application screening prior to any additional clearing or placement of the manufactured home on the parcel
Mr. Beckham read the petition into the record, and read the Zoning 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. Guy Roig approached the podium and commenced his presentation by asking the county to allow Roy Roig and Theresa Roig, owners of property to allow a manufactured home on 5 acres of land with an existing manufactured home.
Mr. Hayes opened up the floor for questioning and/or comments.
After discussion, Ms. Jennifer Flinn made a motion to approve the 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. Hardship based on letter form Dr. Velasquez and Statement made to the Board. Ms. Elizabeth Nix seconded the motion and it was approved, 4-0 Vote.
2. PETITION NO. 1951:
A request by Mark Magura, owner for 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 one 40 acre parcel and a 120 acre parcel fronting a public road, in an “Agriculture” Zoning District on property located at 5885 NW 165th Road, Gainesville
DESCRIPION OF PROPERTY:
Parcel A:
South Half (S1/2) of Northeast Quarter (NE ¼); North Half (N ½) of Southeast Quarter (SE ¼) of Section 9, Township 8 south, Range 19 East, Alachua County, Florida. 120 acres. Less the East quadrant of the North half of SE ¼ of Sec 9 Township 8 South. Range 19 East
Parcel B:
East quadrant of the North half of SW ¼ of Section 9, Township 8 south, rage 19 East, Alachua County, Florida
Together with easement for ingress and egress being more particularly described as follows:
A parcel of land lying in Section 10, Township 8 South, Range 19 East, Alachua County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Northwest ¼ of the Southwest ¼ of said Section 10 and run North 02 Deg. 46 min. 50 sec. West along the West line of said Section, 1173.28
LOCATION OF PROPERTY:
5885 NW 165TH Rd, Gainesville
p The following comments were submitted by Public Works Department.
This property has access to NW 57th Street/NW 166th Avenue, a County-maintained graded road via 165th Road, A privately maintained road that serves five other parcels. The Department has determined that this access is suitable for the provision of service; therefore; the Department does not have concerns regarding the creation of an additional parcel for a family member only. There are flood-plains located on the property but there is buildable area outside the limits of these flood plains so there should be no development issues associated with the floodplains.
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 there is buildable outside natural resources and buffers. The applicant must begin the pre-application screening prior to any clearing or other development activity on the parcel
Mr. Beckham read the petition into the record, and read the Public Works Department comments, and Environmental Protection 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. Mark Magura approached the podium and commenced his presentation by asking the county to allow him to create one 40 acre parcel for family member Mark W. Magura, and Julie Magura with a 120 acre residual parcel not fronting a public road.
Mr. Hayes opened up the floor for questioning and/or comments.
After discussion, Ms. Jennifer Flinn made a motion to approve the request by Mark Magura, owner for 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 one 40 acre parcel and a 120 acre parcel fronting a public road, in an “Agriculture” Zoning District on property located at 5885 NW 165th Road, Gainesville . With two conditions (1) being legal access shall be given to Lot A either through the lots or may be reasonably reconfigured, and (2) being No development in wetlands. Ms. Dory Rarey seconded the motion and it was approved 4-0 Vote
OTHER BUSINESS
With no further business, the Board of Adjustment meeting adjourned at 6:45 PM.