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05-11-1977 ~ ,.A u u .~ Board of Adjustments May 11, 1977 Chairman Millard called the regular meeting to order on May 11, 1977 at 7:00 P.M. in the Mayor's office. Attorney Woods was present at this Meeting to answer any questions that the Board of Adjustments might have. ROLL CALL James Poland Jerry Fenske Lewis Lupinek Ken Mi 11 ard Marie Nichols Present Present Present Present Present Alice Murphy Mr. Opal Mr. Loeffler Earl White Judson Woods, City Attorney Chairman Millard asked the Attorney if he received a copy of the letter that he sent. City Attorney Woods stated that he did. There was some discussion on the Florida Sunshine Law. City Attorney stated that this board was subject to the Florida Sunshine Law. This was discussed at length. There was some discussion on the code of ethics. There was some discussion on when a variance comes into the office. Chairman Millard asked the City Attorney if it was possible for us as a board to investigate the case. You can not make any decisions on how to vote unless you are at a meeting. They went on to discuss this. Chairman Millard stated that in the ordinance it shows that 4 votes for a motion to be approved. City Attorney stated that it is a 4/5 vote to be approved. He went on to say that if three members are present and they all vote a certain way then that is 100%. You always have to have 5 people present to vote that is the way it reads. Chairman Millard asked if that could be revised. City Attorney stated that you would have to hold a Public Hearing to have this changed. Chairman Millard stated that he felt that a quorum would be the best way to do it. City Attorney Woods stated that this is worth checking into. Mayor Armstrong entered the meeting. There was some discussion on conflict of interest between a member and a case. City Attorney Woods read from the commission on ethics. If you abstain you must file a disclosure form. You can also vote as long as you file the disclosure form. There was a lot of discussion on the hardship cases. , u u Mrs. Nichols asked the City Attorney that with this amendment to the ordinance on non-conforming-_lots that it takes care of single or two lots. The area that they have continuous frontage you must consider, an undivided parcel . And you go back to this thing that you must not divide to defeat the intent of the ordinance so if you are dividing do you give variance or do you hold them since they do have the area to give. City Attorney Woods stated that he thinks the board should step in when they are trying to circumvent your width requirements, as in the Highland Shores area. Chairman Millard stated that he would rather them not duscuss that case. Chairman Millard stated that he is going to close this meeting if we get into more of this. This is too close to the case we are supposed to discuss the next time. Mrs. Nichols apologized. Chairman Millard stated that the purpose of this meeting is to orient Mr. Poland and to learn about what this board can do under law. He went on to say that he is on the verge of ending this meeting right now. Mrs. Nichols stated that she is leaving so you can do what you want. There was more discussion on hardship cases. City Attorney Woods discussed parts of Ordinance 880 that concerned the Board of Adjustments. There was some discussion on the five criterias that are used when granting a variance. There was also some discussion on the non-conforming Ordinance. There were some questions asked by Mrs. Murphy on non-conforming lots. These were answered. Chairman Millard adjourned the meeting. 2. .. Q Q ClCitp of ~bgtwattr Volusia County, Florida 32032 Post Office Box 100 Board of Adjustments Regular Meeting May 11, 1977 Chairman Millard called the regular meeting of the Board of Adjustments to order at 7:00 P.M. in the Mayor's office. Roll Call L. Lupi nek J. Fenske M. Nichols J. Poland K. Millard Present Present Present Present Present GUESTS City Attorney Judson Woods Mayor Dana T. Armstrong Frank Opal Earl White Mr. White thought this was the way to apply for a variance, he was informed of the proper procedure. Attorney Woods answered various quesions from the Board of Adjustment members relating to power of boards, rights, responsibilities, Sun- shine Law, Code of Ethics. Chairman Millard ruled that we would not discuss any specific case and especially not the Highland Shores case. Attorney Woods offered to supply the Board of Adjustments with further case histories from existing law references. There were some comments from Alice Murphy. Mrs. Marie Nichols left early. Meeting adjourned at 8:30 P.M.