CITY OF LYNN HAVEN
BOARD OF APPEALS HEARING
TUESDAY, AUGUST 13, 2002 - 6:00 P.M.
The City Commission sat as Board of Appeals on Tuesday, August 13, 2002 at 6:00 p.m. in the
Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Antonius G. Barnes, Mayor Pro Tem/Commissioner
Harold Haynes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Matt Riemer, Police Lieutenant
Mayor Kelley called the hearing to order at 6:00 p.m.
City Attorney Jackson explained that this is a quasi-judicial hearing under Lynn Haven Code
Section 26-57.
The parties involved are the City, represented by Code Enforcement Officer Bob Taylor, Ms.
Anna Vera Yingling and Ms. Modra Griffith. Attorney Jackson confirmed that the parties had
been notified of the meeting.
The Code Enforcement Officer found there to be no violation of the Code. Ms. Yingling and
Ms. Griffith has appealed to the Commission this decision as is their right under the Lynn Haven
Charter. The issues should be confined to what is in the complaint - property at 1516 Tennessee
Avenue. Mr. Jackson stated that past complaints about the zoning of the property and that it
is improperly zoned as mixed-use; this is a legislative decision of the Commission that has
already been made and should not be an issue today.
City Attorney Jackson asked the Mayor/Commission if they had exparte communications
regarding these issues.
Mayor Kelley stated that he has had received phone calls from both ladies and others regarding
this issue.
Commissioner Wittkopf stated that this has been a long process and over the past two years has
spoken to and received phone calls.
Commissioner Schad stated that he has had no contact or discussions regarding this issue.
Commissioner Barnes stated that he has had no contact or discussions regarding this issue.
Commissioner Haynes stated that he has had no recent contact with either party other than Ms.
Yingling speaking at a previous commission meeting.
Mayor Kelley explained the rules of the hearing.
Ms. Debbie Marley swore in the parties.
Item #2. Information presented to Appeals Board by Code Enforcement Officer
concerning his decision regarding a zoning complaint at 1516 Tennessee Avenue.
Complainant is Anna Vera Yingling.
Code Enforcement Officer Taylor reported that the hearing is being requested pursuant to
Section 26-57 of the Lynn Haven Code of Ordinances.
Ms. Anna Vera Yingling is appealing the decision of the Code Enforcement Officer regarding
property at 1516 Tennessee Avenue. This hearing has been duly noticed. The property owner
is present. On June 12, 2002 the complainant sent a letter to the City objecting to the property
at 1516 Tennessee Avenue being classified as a mixed-use and the presence of a fence along
Kentucky Avenue.
The complainant is not an interested party to the property as defined by Section 26-36 of the
Lynn Haven Code of Ordinances.
Item #3. Comments to Board by Anna Vera Yingling:
Ms. Anna Vera Yingling stated that Block 264 is zoned mixed-use. She stated that in her
opinion some of these lots are not being used according to the mixed-use ordinance. The
property located at 1516 Tennessee Avenue and owned by Mr. Billy Joe Melvin, Jr. in
particular. According to Section 106.211 requires property to provide soft buffers for transition
into areas of residential and commercial. They are to provide a soft buffer for businesses such
as professional offices. Ms. Yingling stated that in her opinion the Melvin's are not using their
property according to the ordinance. Ms. Yingling also stated that the fence is not in compliance.
Ms. Yingling respectfully requested that the City enforce the ordinances of this property.
After lengthy audience and Appeals Board participation the following motion was made:
Item #4. Decision by Appeals Board by Code Enforcement Officer's ruling:
Motion by Commissioner Barnes: To uphold the decision of the Code
Enforcement Officer.
Second to the motion: Commissioner Haynes.
On Vote:
Barnes: aye
Schad: aye
Wittkopf: no
Haynes: aye
Barnes: aye Motion passed: 4-1
Item #5. Information presented to Appeals Board by Code Enforcement Officer
concerning his decision regarding a complaint relative to Mr. Melvin's dogs at 1516
Tennessee Avenue.
Complainant is Modra Griffith.
Code Enforcement Officer Taylor reported that this hearing is being requested pursuant to
Section 26-57 of the Lynn Haven Code of Ordinances and the complainant is Modra Griffith.
The issue is property located at 1516 Tennessee Avenue and barking dogs; ten complaints were
filed with the police department. Mr. Taylor reported that no violations were found. He asked
that the Appeals Board reaffirm the decision of the Code Enforcement Officer.
Item #6. Comments to Board by Modra Griffith:
Ms. Griffith stated that she lives at 1508 Kentucky Avenue and she wants to appeal the decision
of the Code Enforcement Officer regarding barking dogs at 1516 Tennessee Avenue. She stated
that she has complained since 1999 numerous times. Ms. Griffith stated that the barking dogs
disturb her peace. She also stated that the smell is bad. Ms. Griffith stated that she did not
believe that many dogs should be allowed in a residential area.
After lengthy audience and Appeals Board participation the following motion was made:
Item #7. Decision by Appeals Board regarding Code Enforcement Officer's ruling:
Code Enforcement Board Officer Taylor stated that in his judgement the reports do not
necessitate a nuisance charge and a cause of action before any board at this time. Based upon
the evidence received since February 2002, the last time the Code Enforcement Board took
action on this matter, there is not credible evidence to support a charge before the Code
Enforcement Board, that being a nuisance.
Motion by Commissioner Haynes: To uphold the decision of the Code
Enforcement Board Officer.
Second to the motion: Commissioner Barnes.
Mayor Kelley stated that because of the evidence presented he supports the decision of the Code
Enforcement Officer, however, he will be meeting with the City Manager to address this issue
further.
On Vote:
Haynes: aye
Barnes: aye
Schad: no
Wittkopf: no
Kelley: aye Motion passed: 3-2
There was no further business to discuss and the Appeals Hearing was adjourned at 7:53 p.m.
City Commission Appeals Board Hearing Meeting Minutes of August 13, 2002
APPROVED THIS 27rd DAY OF AUGUST 2002.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
