MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENT
SEPTEMBER 3, 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, Ms. Dory Rarey, Ms. Elizabeth Nix, and Mr. James Andrisin
Staff Absent: Mr. 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 August 6, 2008. Ms. Jennifer Flinn moved to approve the minutes, and Ms. Dory Rarey seconded the motion, and it was unanimously approved, 4-0 vote
1. PETITION NO. 1952:
A request by applicant Lois Brooks, for Sheran & Robert Flowers, 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 with an existing single family dwelling, in an “Agriculture” Zoning District on property located at 2322 W SR 235
DESCRIPTION OF PROPERTY:
S 871.20 FT OF N 1258.59 FT OF W 250 FT OF NW1/4 OF GOVT LOT 7 OR 1476/161 & ADJACENT E 32 FT LESS N 100 FT PEROR 1636/1245) LESS R/W PER OR 1803/1666)
LOCATION OF PROPERTY:
2311 W SR 235
p The Public Works Department has no concerns in regards to this request:
p The Environmental Protection Department has no concerns in regards to this request:
Mr. Beckham read the petition into the record, 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. Ms. Sheran Flowers approached the podium and commenced her presentation by asking the county to allow Lois Brooks, owners of property to allow a manufactured home on property with an existing single family dwelling.
Mr. Hayes opened up the floor for questioning and/or comments.
After discussion, Ms. Dory Rarey made a motion to approve the request by Lois Brooks, for Sheran & Robert Flowers, 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 with an existing single family dwelling, in an “Agriculture” Zoning District on property located at 2322 W SR 235 and statements made to the Board. Ms. Jennifer Flinn seconded the motion and it was approved,
5-0 Vote.
2. PETITION NO. 1953:
A request by Causseaux, Hewett & Walpole, Inc., agent, for Dada Bhagavan Hospitality, LLC a variance as provided for in Chapter 403, Article 4 – Commercial Standards, of the Alachua County Unified Land Development Regulations to increase the hotel building height above the 65-ft limitation to 70-ft in an “Business Highway” Zoning District on property located at 9800 Block of NW 39th Avenue, Gainesville
DESCRIPTION OF PROPERTY:
PARCEL “A” DESCRIPTION: (RECORI)ED IN OFFICIAL BOOK 1995, PAGE 1134)A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION30, TOWNSHIP 9 SOUTH, RANGE 19 EAST, ALAC}{UA COUNTY, FLORIDA, ANDBEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;COMMENCE AT A FOUND FLORIDA DEPARTMENT OF TRANSPORTATION NAILAND PLATE MARKING THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 9SOUTH, RANGE 19 EAST, THENCE NORTH 89°19’30” EAST ALONG THE CENTERLINEOF NORTHWEST 39TH AVENUE, A DISTANCE OF 877.47 FEET TO A FOUND NAILAND DISK MARKING THE INTERSECTION WITH NORTHWEST 98 STREET, THENCESOUTH 23°57’34” EAST ALONG THE CENTERLINE OF NORTHWEST 98TH STREET A DISTANCE OF 114.13 FEET TO A POINT, THENCE NORTH 66°01’53” EAST A DISTANCE OF 50.19 FEET TO A FOUND CONCRETE MONUMENT MARKING THE EAST RIGHT- OF-WAY LINE OF SAID STREET AND THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID EAST RIGHT-OF-WAY LINE SOUTH 23°58’07” EAST A DISTANCE OF 318.00 FEET TO A SET IRON PIN (#3524), THENCE NORTH 66°01’53” EAST A DISTANCE OF 60.00 FEET TO A SET IRON PIN (#3524), THENCE NORTH 23°58’07” WEST A DISTANCE OF 25.00 FEET TO A SET IRON PIN (#3524), THENCE NORTH 66°01’53” EAST A DISTANCE OF 81.73 FEET TO A SET IRON PIN (#3524), MARKING THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A DELTA OF 66°42’04”, A RADIUS OF 12.99 FEET, AND A CHORD BEARING NORTH 32°40’52” EAST 14.28 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 15.12 FEET TO A SET IRON PIN (#3524), MARKING THE POINT OF TANGENCY, THENCE NORTH 00’40’1 1” WEST A DISTANCE OF 166.01 FEET TO A SET IRON PIN (#3 524), THENCE NORTH 89°19’49” EAST A DISTANCE OF 25.00 FEET TO A SET IRON PIN (#3 524), THENCE NORTH 00°40’l 1” WEST A DISTANCE OF 60.00 FEET TO A SET IRON PIN (#3 524), MARKING THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 39TH AVE, THENCE ALONG SAID LINE SOUTH 89°19’49” WEST A DISTANCE OF 275.97 FEET TO A FOUND CONCRETE MONUMENT MARKING A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A DELTA OF 60°09’17”, A RADIUS OF 25.00 FEET, AND A CHORD BEARING SOUTH 06°04’36” WEST 2506 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 26,25 FEET TO THE POINT OF BEGINNING, TOGETHER WITH ANY AND ALL INTEREST IN THE EASEMENTS ACROSS AND OVER THE SUBJECT PROPERTY FOR THE BENEFIT AND USE O GRANTEE. THE ABOVE DESCRIBED PARCEL OF LAN]) CONTAINS 1.33 ACRES, MORE OR LESS
“PARCEL B” DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 30, TOWNSHIP 9 SOUTH, RANGE 19 EAST, ALACHUA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 30; THENCE
NORTH 89° 19’ 30” EAST, ALONG THE CENTERLINE OF N.W. 39TH AVENUE
(100’ RIGHT-OF-WAY), A DISTANCE OF 877.47 FEET TO THE INTERSECTION
WITH THE CENTERLINE N.W. 98TH STREET (100’ RIGHT-OF-WAY); THENCE
SOUJH 23°57’34” EAST, ALONG SAID CENTERLINE A DISTANCE OF 114.13
FEET; THENCE NORTH 66° 01’53” EAST, A DISTANCE OF 50.19 FEET TO THE
EAST RIGHT-OF-WAY LINE OF SAID NW. 98TH STREET; THENCE SOUTH
23°58’07” EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
318.00 FEET TO THE SOUTHWEST CORNER OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 1995, PAGE 1134 OF THE PUBLIC RECORDS OF
ALACHUA COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID LANDS THE FOLLOWING 7
COURSES:
NORTH 66°01’53” EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH
23°58’07” WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 66°01’53” EAST,
A DISTANCE OF 81.73 FEET TO THE POINT OF CURVATURE OF A CURVE TO
THE LEFT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 12.99 FEET,
AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH
32°40’52” EAST, 14.28 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 66°42’04”, AN ARC DISTANCE
OF 15.12 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°40’l 1”
WEST, A DISTANCE OF 166,01 FEET; THENCE NORTH 89°19’49” EAST, A
DISTANCE OF 25.00 FEET; THENCE NORTH 00°40’l 1” WEST, A DISTANCE OF
60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID N.W. 39TH
AVENUE; THENCE NORTH 89°19’49” EAST, ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 300.81 FEET TO THE POINT CURVATURE OF A CURVE
TO THE LEFT, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 40.00
FEET, AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF
SOUTH 45°24’46” EAST, 56.82 FEET, THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°30’41”, AN ARC
DISTANCE OF 63.19 FEET TO THE END OF SAID CURVE AND THE WEST
RIGHT-OF-WAY LINE NORTHWEST 97TH BOULEVARD (60’ RIGHT-OF-WAY);
THENCE SOUTH 00°38’07” EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A
DISTANCE OF 155.75 FEET TO THE POINT OF CURVATURE OF A CURVE TO
THE RIGHT, CONCAVE EASTERLY, HAVING A RADIUS OF 440.00 FEET, AND
BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH
09°08’42” EAST, 130.22 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 17°011 1”, AN ARC
DISTANCE OF 130.70 FEET TO THE NORTHEAST CORNER OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 1883, PAGE 1950 OF SAID PUBLIC
RECORDS; THENCE SOUTH 72°20’42” WEST, ALONG THE NORTH BOUNDARY
OF SAID LANDS, A DISTANCE OF 221.30 FEET TO THE NORTHWEST CORNER
OF SAID LANDS; THENCE SOUTH 28°18’OO” EAST, ALONG THE BOUNDARY
OF SAID LANDS, A DISTANCE OF 16.55 FEET TO THE NORTHEAST CORNER
OF LANDS DESCRIBED IN OFFICIAL RECORDS 1761, PAGE 2323 OF SAID
PUBLIC RECORDS; THENCE SOUTH 66°O1’53” WEST, ALONG THE
BOUNDARY OF SAID LANDS, A DISTANCE OF 249.35 FEET TO THE EAST
RIGHT-OF-WAY LINE OF SAID N W 98TH STREET, THENCE NORTH 23°58’07”
WEST, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 202.39 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 3.835 ACRES, MORE OR LESS.
LOCATION OF PROPERTY:
9800 Block of NW 39th Avenue, Gainesville
p The Public Works Department has no concerns in regards to this request.
p The Environmental Protection Department has no concerns in regards to this request.
Mr. Beckham read the petition into the record. 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. Gerry Dedenbach approached the podium and commenced his presentation by asking the county to allow Dada Bhagavan Hospitality, LLC to increase the hotel building height above the 65-ft limitation to 70-ft for the sky lighting and Elevator shaft in a “ Business Highway” Zoning District on property located at Block of NW 39th Ave.
Mr. Hayes opened up the floor for questioning and/or comments.
After discussion, Ms. Jennifer Flinn made a motion to approve the request by Gerry Dedenbach, agent for a variance to increase the building height above the 65-ft limitation to 70-ft for the skylights, roof access, and safety features for fire protection and utility structures which are all behind a parapet wall in the “Business Highway” zoning district on property located at 9800 block of NW 39th Avenue. Mr. James Andrisin seconded the motion and it was approved 5-0 Vote
3. PETITION NO. 1954:
A request by Faye M. Vaughn, 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 with an existing single family dwelling, in an “Agriculture” Zoning District on property located at 26131 Old Bellamy Road, High Springs
DESCRIPTION OF PROPERTY:
COM NW COR OF GRT N 59 DEG 08 MIN 28 SEC E 4678.92 FT S 38 DEG 30 MIN 55 SEC E 837.95 FT S 37 DEG 55 MIN 52 SECE 259.72 FT 33 DEG 36 MIN 13 SEC E 498.63 FT S 27 DEG 01 MIN 10 SEC E 228.46 FT N 68 DEG 15 MIN 10 SEC E10.57 FT S 26 DEG 02 MIN 07 SEC W 885.32 FT S 26 DEG 18 MIN 42 SEC E 81.59 FT POB S 26 DEG 18 MIN 42 SECE 883.46 FT N 62 DEG 54 MIN 56 SEC E 1986.74 FT N 28 DEG 08 MIN 30 SEC W 883.53 FT S 62 DEG 54 MIN 56 SEC W1958.53 FT POB (LESS R/W) (LESS THE S 630 FT OF THE W 346.42 FT) OR 2846/0057
LOCATION OF PROPERTY:
26131 Old Bellamy Road, High Springs
p The Public Works Department has no concerns in regards to this request.
p The Environmental Protection Department has no concerns in regards to this request.
Mr. Beckham read the petition into the record, and stated that the zoning department received a letter from Ms. Wendy Grennell, agent for Ms. Faye Vaughn requesting that Petition #1954 be deferred to October meeting
After discussion, Mr. James Andrisin made a motion to defer petition #1954 until the next meeting on October 1, 2008. Ms. Jennifer Flinn seconded the motion and it was approved 5-0 Vote
OTHER BUSINESS
David Schwartz, stated that we have an appeal by Mary Maddox.
With no further business, the Board of Adjustment meeting adjourned at 6:45 PM.