BOAMin01-13-86BOARD OF AOJOSTMENT
City of Longwood
The Board of Adjustment held fts regularly scheduled meeti n9 on January 13, 1986
at ]: 30 P.N. in [he Longwood City Camni ssi on Chambers.
Present: Frederick I. Pearl Barber Variance - Sue Barber, Edwin
Onnie Shoma to Seward, Mr. Lambrai th
David Lewis Lindquist Variance - Peile Lindquist
Christian Nagle, City Planner
Geri Zambri, Dep. Li ty Clerk
Absent: Rod Cable
Joyce Suber
1. Dr. Pearl called the meeting to order at ]:30 P,11.
2. it was the concensus of opinion of the Board to reverse the order of Agenda items
2. and 3.
Motion by Nr. Lewi x, s cond ed by Mrs. Shumate, to approve the Minutes of the December 2,
1985 mee ti n9 as written. Motion carried by a unani movs roll call vote.
3. Election of Officers. Dr. Pearl passed the gavel and made a motion to nom note
M1ir.Lewis as Chairman: Nation seconded by Mrs. Shoma te. Plo tf on carried by.x un ous
vote. Mr. Lewis elected Chairman. 11r. Lewis took his seat as Chairman and Him
called for nani na ti ons of Vice Chairman.
Hotion by tlrs. Shoma to to nom na to Dr. Pearl as Vf ce Chairman. Mr. Lewis passed the
gavel and seconded the mutt on~ Notion carried by a unanimous vof ce vote, Dr. Pearl
was elected Vice Chairman.
4, Public Hearin -Variance Re ues t. A licant: Sue Barber. Owner: Edwin Seward
and Sue Garber. oca ti on: it side of 8i st ine, 225 E of Oxford Street. Zuni nq R-IA-.
Reqve st to construct a single family residence with 7400 sq. ft. of living area in
lieu of the required 1600 sq, ft, of living urea.
Mr. Lewis displayed proof of publication and asked that the City Planner, Chris Nagl e's
ments, be read into the record. Ile further stated that the LPA reconmened approval
of the request for 7400 sq. ft. of living area.
llr. tJagle explained that originally the request was for 1400 sq. ft and was later
mended to request 1200 sq, f[. but [hat the LPA had re mmended the variance be
granted for the on gi Hal request of 1400 sq. ft. of living ar Mr. Na 91e Stated
that to grant the approval for 1200 sq. ft. of living ar ea for alt practical
purposes, cons ti tutesa re ni ng. Mr. Nagle stated the Board bae previously granted
number of va n the area due to the great number of homes in the ar a that
re less than 18o0rsq .eft, of living ar and he stated that he basically supported
the request for 1400 sq. ft. of living area.
Nr. Lewis asked if there wa anyone present who wished to speak for or a9ai nst the
request, Mr. Al anSLa ne, ]30 Bis tl ine Ave., stated he was against the
request as he wa required to mild a home with 1600 sq. ft. of livi n9 ar a
directly ac s the street from the lot in quexti on. Marie Pavone of Lyns Drive e
stated rnat axl4oo sq. ft. Home wome not conform w; en me rest of the nomex do me
street. Mr. Lambrai th, representative for Ms. Barber, stated that the request for
1400 sq. ft. of livf ng ar <on£orms to the integrity of the neighborhood in tle s ign
and in intent. He std tede{hat use of contig uou5 propertt es Does not meet the Square
footage of the exi xti ng zoning. Other lots, he further stated, do not meet the
1800 s.ft. requirement, which the applicant here, had no fnfl uence on. Ne stated
Ooa rd of Ad,j us bnent -2- January 73, 1986
this request was not ~cgnfer any special privilege on the aDpl ica nt which has not
been granted to others but to allow her the sa rights. He stated she only seeks
fairness and consideration and that she would be placed in a position of being -
forced to live beyond her financial m Mr. Lambrai th further stated that the
subject property is the last lot on Bis tl ine. 'Ile further stated the lot is heavily
wooded throughout the setback ar and the cleared ar n the center of the lot
suits the design of the house andathat no a of the bigeoa ks or pines would have to
be removed. He further stated tM1at the applicant will be the owner and resident
of the hone. Mrs. Mary Fick, President of Superi nr Homes stated when she cp
structed five homes ac s the street from subject lot, that she was denied the
right to build smal lerrhomes, Or. Pearl asked how long the applicant owned Me lot.
Mr. Lambs ith replied two and one half years.
Mrs. SM1pna to stated that a year or so ago, the Board had 9ra ntetl a ce for a
M1ome with 7500 sq, ft. of living a n this ar and she would suDportna va ce
for 1500 sq, ft. of li vi nq ar a, but no less. Mra Lambrai th 's to ted that hgmesran
within three blocks of the subject lot ranged from 1200 sq. Ft. to over 7800 sq.
ft. but that hones immediately adjacent and i mmed is to area do not exceed 1500.
Mrs Shona to asked if tM1e applicant would consider adding 100 feet of livi ny ar
to the request. Mr. Lambrai th stated she had reacM1ed a ost thres hhol d. Mr, ea
Lane stated the present zoning ordinance has been in effect for five years and the
applicant should have been aware when she purchased the lot of the 1800 sq. ft.
requirement and stated that if the ordinance is fair for one it should be fair for
others. Ms. Ann Siocun, ]41 his tl ine stated she had to build an 1800 sq, ft. home
ne year ago. Mr. Lambrai th stated that the variance procedure can be Dursued by
anyone if they so choose. Mrs. Fick stated she did avail herself of the procedure
and was denied.
Motion by Or. Peari, seconded by Mrs. Shona to to close the Public Hearing. Motion
carried by a unanimous roll call vote.
M1iotion by Dr. Pearl to approve the va requested for 1400 sq. ft. of living
an R1-A zonf ng district, not includi n9 the garage. Mr. Lewis passed the
9avel~and seconded the motion for the Ourpose of discussion.
Or. Pearl stated he would like to know the ac tuai square footage of the M1omes in the
Mr, flay le stated the county tax rolls would have the figures. Mr. Nagle stated
ife the Board strictly applied the criteria fora va e to the request, the request
should not be granted. However two points to considernare that this i e of
the last lots on the block and it would be preferable to have the lot occupied and
also the fact that the lot is larger than required and the treespn the property
would provide a buffer. Mrs. Shama to stated she felt the Board should Grant the
ce but permit a 1500 sq, ft. home (l ivi n9 area). She stated she a;d not
thi nknit would impose a Great hardship do the applicant to request the additional
100 sq. fi. Pir. Lambrai th stated it would cost approximately $3,gg0 to add an
additional 100 sq. ft. which would be a significant amount to Ms. Oa rber.
Or. Pearl withdrew his motion and Mr. Lewis withdrew his second Lo aDProve the
variance for 1400 sq. ft. of Iivi ng area.
Motion by Or. Pearl to table the request and reschedule the Public Nearing for
]:30 P. N, on Thursday, January 23, 1986. Mr.'Lewi s~-passed the gavel and seconded
the motion.
Pir. Nagle stated the re on he supported the request for 1400 sq. ft. 'is due to
the fact that the area an question has been considered ov pned and requests have
been re mmended to the City Commission to re a it to aeR ~i tlistrf ct. Motion
rriedcby a two to one vote with Mr. Lewis-and nOr. Pearl vp ti n9 aye and Mrs.
Shama to voting nay.
Board of Adjustment -3- January 73, 1986
5. Public Neari ng -Variance Request. pnpli can t: Pelie J. Lindquist. Owner:
Keith Chance. Request Lo permit an ns uffic ent co Setback of .8' in lieu
of the required 15' setback on a duplex dwelling underrcons trot tion. Zoning R-2.
L«angn: se cgroer of Jessgp avenue ana Credp street.
Mr. Lewis displayed proof of publication. Mr. Lewis asked if anyone Dresent would
like to speak for or against the va hr. Lindquist stated he would like to
speak far the va and said the rre en for the request was due to a misgnter-
pretation of the zoning ordinance. Ne stated the boil di n9 is n the final Dha ses
of construction, drywall in9, etc. Nrs. Shoma to stated if thei va s to be
granted she felt it was ne sa ry to in re that the vi vai triang leca ti the co r
s kept clear and sugges redo that no shrubbery be planted that would impair theme
n of drivers tryi n9 to turn the co Mr. Nagle sugges red that the Board
make that a condition of the approval. r11rr Nagle explained that there wa
fl ict in Lhe zoning re9ul ati ons be been Sunmary sheet and the R-2 sectionsandc that
Mr. Lindquist had misinterpreted the setback regulations and although he feels it
s Ne applicant's duty to be sue of the proper setbacks, M1e stated sane of the
fault did tie with the City in that a building permit was issued with the improper
setback shown on the $vrvey.
Motion by Dr. Pearl, seconded by Mrs. Shoma te, [o close the public hearing. Motion
carried by a unanimous rail call vote.
Motion by hrs. Shoma te, 5 conded by Dr. Pearl to grant the va regve sted with
the coMiti on that the co er be left a clear as possible wi thnno additional trees
r shrubbery to assure clear vision on the corner. Mo [i on carried by a unanimous
~oll call vote.
6, additional Discussion Items. Mr. Nagle introduced the Lf ty's new Building
Official, fir. Buford Helms, to the Board of Adj us been t.
). Meeting adjourned at 8:20 P.M
Geri Zambri
Dep. City Clerk