CITY OF LYNN HAVEN
BOARD OF APPEALS HEARING
OCTOBER 11, 2004 - 3:00 P.M.
The City Commission sat as Board of Appeals on Monday, October 11, 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
Frances Wittkopf, Commissioner
John B. Lynch, City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Police Chief
Matt Riemer, Police Captain
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.
Mayor Kelley stated that he spoke with staff on this issue.
Commissioner Schad stated that he spoke with staff regarding this issue.
Commissioner Wittkopf reported that she spoke with staff regarding this issue.
City Manager Lynch reported that Commissioner Barnes would be absent from this hearing and Commissioner Hughes would possibly be late.
Mr. Emory Pitts, Building Official, was sworn in by City Attorney Jackson.
Ms. Zella Landry owns property at 1608 Michigan Avenue. Ms. Landry requested to the Board of Adjustments that a variance be issued to allow her to turn three lots into individual building sites in order to construct one house on each lot. The Board of Adjustments denied the variance request on August 19, 2004. This request does not meet the intent of the City Code. Ms. Landry requested an Appeals Hearing before the City Commission.
Ms. Zella Landry, property owner, was sworn in by City Attorney Jackson.
Ms. Landry stated that she would like to appeal the decision by the Board of Adjustments to allow her daughter to build three homes on three 50' lots. Ms. Landry was the owner of this property before 1975. Ms. Landry believes that granting this request would allow people to buy affordable homes.
After lengthy discussion the following motion was made:
Motion by Commissioner Schad: To grant the variance request to allow three homes to be built on three 50' lots.
Second to the motion: Commissioner Wittkopf.
On Vote:
Schad: aye
Wittkopf: aye
Kelley: aye Motion passed: 3-0
There was no further business to discuss and the Appeals Hearing was closed at 3:30 p.m.
APPROVED THIS 25th DAY OF OCTOBER 2004.
