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MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD THURSDAY, JUNE 21, 2001
CALL TO ORDER
Vice - Chairman Savino called the meeting to order at 7:30 p.m. in the Commission
Chambers at City Hall. The roll was called and a quorum was declared present. Vice -
Chairman Savino led the Pledge of Allegiance to the Flag and Member Wilsen led the
invocation.
PRESENT: Vice - Chairman Savino, Members Colburn, Cox, Ward, and Wilsen. Also
present were Zoning Coordinator Harper, City Attorney Cookson, and Administrative
Assistant II Maxwell.
ABSENT: Chairman Resnik and Member Tice, who were excused.
APPROVAL OF MINUTES
Member Cox, seconded by Member Colburn, moved to approve the April 12, 2001,
Board of Adjustment Minutes as presented, Motion carried 5-0.
10.0. NEW BUSINESS
CASE NO. 04VR -2001: KIMBRELL
Zoning Coordinator Harper read into the record the issue: Should the Honorable
Board of Adjustment recommend to the Honorable Mayor and City Commission that the
Applicant's variance request be approved enabling the Applicant to construct an
accessory structure directly adjacent to the principal building/dwelling, in lieu of the
Land Development Code (L.D.C.) specification of 7 %2' property line setback.
Zoning Coordinator Harper gave a detailed history of the case for the subject property
which is located at 601 East Lakeshore Drive.
Zoning Coordinator Harper stated the Applicant applied for a building permit to erect a
10' x 12' storage shed in his rear yard and 2' away from his East property line, which
was rejected. The L.D.C. calls for an accessory structure side setback of 7 Y2'. The
Applicant has offered no explanation or justification for not wishing to observe the 7 ' /2'
side setback upon his Variance application.
Zoning Coordinator Harper stated staff recommends denial of the Applicant's
Variance request as it would violate the L.D.C. accessory structure 7 ' /2' side setback.
The Applicant has made no showing of hardship as described in the four following
threshold requirements that are specified by the L.D.C., Article IV, Section 4 -9, pages
18093 - 18094, and if granted would have "the effect of nullifying the intent and purposes
'yaw of these regulations."
Board of Adjustment Regular Meeting
Thursday, June 21, 2001
1. "Special conditions and circumstances exist which are peculiar to the land involved
and which are not applicable to other lands.
2. That a literal interpretation of the provisions of these regulations would deprive the
Applicant the rights commonly enjoyed by other properties with similar conditions.
3. That the special conditions and circumstances do not result from actions of the
Applicant.
4. That the granting of the Variance request will not confer on the Applicant any special
privilege that is denied by these regulations to the other lands...under similar
conditions."
Zoning Coordinator Harper stated that he went to view the Applicant's rear yard and
there is ample space in a number of different locations where the shed could be located to
meet code requirements.
Applicant, Scott Kimbrell, presented exhibits and stated he wanted to place a shed on
the East property line and does not want to block the view of the lake. Discussion ensued
regarding other location options that would meet code requirements.
The Public Hearing was opened.
As no one wished to speak, The Public Hearing was closed.
Member Cox, seconded by Member Wilsen, moved to recommend to the Honorable
Mayor and City Commission denial of the Applicant's Variance request based on staff
recommendation that the Variance requested did not meet the "special Conditions" as
outlined in the L.D.C. Motion carried 5-0.
OTHER BUSINESS - None
COMMENTS - Welcome New Members
Zoning Coordinator Harper welcomed new members Fred Wilsen and James Ward.
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Board of Adjustment Regular Meeting
Thursday, June 21, 2001
ADJOURNMENT
The meeting was adjourned at 8:05 p.m.
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Administrative A istant II Ma f ell ice-Chairman Savino
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