CITY OF LYNN HAVEN
BOARD OF APPEALS HEARING
AUGUST 23, 2005 - 6:00 P.M.

The City Commission sat as Board of Appeals on Tuesday, August 23, 2005 at 6:00 p.m. in the Commission Meeting Room at City Hall.

Present:

Walter T. Kelley, Mayor
Jimmy H. Hughes, Mayor Pro Tem/Commissioner
Antonius G. Barnes, Commissioner
Roger P. Schad, Commissioner
Frances Wittkopf, Commissioner
Charlene V. Messer, Deputy City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Chief of Police

Mayor Kelley called the meeting to order.

City Attorney Jackson stated that this is a quasi-judicial hearing under Lynn Haven Code; if any of the Commission has had ex-parte communication with the parties involved it should be disclosed at this time.

Commissioner Schad stated that he has had no communications with any of the parties involved.

Commissioner Hughes stated that Mr. Billy Melvin had called him regarding this issue.

Mayor Kelley stated that Mr. Melvin had called him regarding this issue and that he had driven by the property.

Commissioner Wittkopf stated that she had been contacted by parties interested in this issue and she had also driven by the property.

Commissioner Barnes stated that he has had no communications with any of the parties involved.

Mr. Emory Pitts stated that Ms. Brenda Mitchell is requesting a variance to the setbacks to build at 708 Illinois Avenue. Mr. Pitts stated that the property does not meet the setbacks and the home being proposed is 20' wide and does not meet Ordinance 777 which states that a minimum of 33' width is required. This request went before the Board of Adjustment and was denied. Staff recommends that this appeal be denied.

Ms. Brenda Mitchell, owner of 708 Illinois Avenue, addressed the Board and requested that the City grant a variance of the City’s Code. Ms. Mitchell stated that she has a buyer for the property, Mr. Tim Cassell, who proposes to buy this property and build a home.

After lengthy discussions the following motion was made:

Motion by Commissioner Barnes: To deny this appeal request as presented.

Second to the motion: Commissioner Wittkopf.

On Vote:

Barnes:		aye
Wittkopf:		aye		
Schad:		aye
Hughes:		aye
Kelley:		aye					Motion passed: 5-0

There was no further business to discuss and the meeting was adjourned at 6:45 p.m.

APPROVED THIS 13TH DAY OF SEPTEMBER 2005.

Walter T. Kelley, Mayor

ATTEST:

John B. Lynch, City Manager

Prepared by Laurie Baker

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