CITY OF LYNN HAVEN
BOARD OF APPEALS HEARING
JULY 27, 2004 - 3:00 P.M.
The City Commission sat as Board of Appeals on Tuesday, July 27, 2004 at 3:00 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Roger P. Schad, Mayor Pro Tem/Commissioner
Antonius G. Barnes, Commissioner
Jimmy H. Hughes, Commissioner
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief
Mayor Kelley called the meeting to order at 3:00 p.m.
City Attorney Jackson stated that this is a quasi-judicial hearing under Lynn Haven Code. Mr. Jackson stated that as such the Jennings Rule applies.
Commissioner Schad stated that he has no interest in this issue. Mr Shcad reported that he received a call from Mr. Greg Frith making him aware of the issue.
Commissioner Hughes stated that he has had no prior knowledge of the issue.
City Manager Lynch stated that staff has made him aware of the issue and he has not spoken with any of the parties involved.
Mayor Kelley stated that he has talked with staff regarding this issue.
Commissioner Wittkopf stated that she has not discussed this issue.
Commissioner Barnes stated that he has no interest in this issue. Mr. Barnes reported that he has spoken with Mr. Rhinehart making him aware of this issue.
Item #2. Hazel Dillingham Appeal:
Mr. Emory Pitts, Building Official, reported that a Board of Adjustment meeting was held on June 24, 2004 at 5:30 p.m. One of the items to be discussed was a request by Hazel Dillingham to be granted a variance to build on two(2) 75 foot lots located at New York Avenue & 10th & 11th Streets. The request was denied. Staff states that the variance request meets all the factors involved in considering this request and recommends that the denial made by the Adjustment Board be reversed.
Motion by Commissioner Barnes: To grant the variance request as presented.
Second to the motion: Commissioner Schad.
On Vote:
Barnes: aye
Wittkopf: aye
Hughes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
Item #3. Alan and Gloria Sanders Appeal:
City Attorney Jackson asked each member of the Appeals Board to disclose according to the “Jennings Rule”:
Commissioner Barnes stated prior to receiving the appeals package he had no knowledge of this issue.
Commissioner Wittkopf stated prior to receiving the appeals package she had no knowledge of this issue.
Mayor Kelley stated that he has talked with staff about this issue.
City Manager Lynch stated that he has not discussed this issue with anyone other than staff.
Commissioner Hughes stated prior to receiving the appeals package he had no knowledge of this issue.
Commissioner Schad stated prior to receiving the appeals package he had no knowledge of this issue.
Mr. Emory Pitts, Building Official, state that this is a variance request that was made at the June 24, 2004 Board of Adjustment meeting. This variance request is being made by Alan & Gloria Sanders and involves three lots at 8th & Carolina Avenue.
Mr. Alan Sanders, 801 Carolina Avenue, stated the he is appealing a ruling by the Board of Adjustments. Mr. Sanders requests a variance for 3 lots - 50'x150' to be changed to (1) 50'x150' and (1) 100'x150'. Mr. Sanders states that other lots, within his vicinity, have homes that have been built on smaller lots. Mr. Sanders further states that he has petitioned his neighbors and they support his request for a variance. Mr. Sanders requests that the variance ruling be appealed.
Motion by Commissioner Schad: To grant the variance request as presented.
Second to the motion: Commissioner Barnes.
On Vote:
Schad: aye
Barnes: aye
Wittkopf: aye
Hughes: aye
Kelley: aye Motion passed: 5-0
There was no further business to discuss and the Appeals Hearing was closed at 3:21 p.m.
APPROVED THIS 10th DAY OF AUGUST 2004.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager-Clerk
Prepared by Laurie Baker
