CITY OF LYNNHAVEN BOARD OF ADJUSTMENT REGULAR MEETING January 18, 2024  Al Regular Meeting of the Lynn Haven Board of Adjustment was held on' Thursday, January 18,  2024, at 5:30 p.m. at the City Hall Meeting Chambers.  Present:  Jerry Whitworth, Chairman Morgan Doolittle Douglas C. Pennington Aneliya Santos Christopher Clubbs Amanda Richard, Planning Director Vicki Harrison, Board Secretary  1. Call to Order by Mr. Whitworth  2. Mr. Doolittle made a motion to approve the November 15, 2022, Minutes,  Second to motion: Mr. Pennington,  On vote:  Santos Clubbs: Doolittle: Pennington: aye Whitworth: aye  aye aye aye  approved 5-0  #3. VAR-23-01: Randy and Alicia Whitehead, 1005 W 12th Street, Request side yard setback from 7 to minus 2: Ms. Richard stated the applicant/owner is Randy and Alicia Whitehead, who was present, is requesting a side yard setback (North 12th St) variance from 7' to minus 2' as aj portion of the home on the north side extends two (2) feet onto the City's 12th Street Right of Way (ROW), Ms. Richard stated the house was constructed in the 1970's prior to City codes and the home already protrudes 2' into the Right of Way (ROW). Mrs. Whitehead contacted the City and submitted a ROW Abandonment application. There is not an ROW Abandonment application fee, however a survey is required, and those can be expensive. The ROW application was reviewed by the Public Work Director and the Chief Infrastructure Director, and it was determined that a utility pipe is in the right of way, however, it doesn't go too far into the ROW, but far enough that they The City Attorney and City Manager recommended that Mr. & Mrs. Whitehead apply for a  and the applicant is requesting the same setback to construct a new entryway.  could: not approve the ROW abandonment.  Board of Adjustment  January 18, 2024  Page 1    Variance request as this is a special situation, not due to the actions of the applicant, and specific to this property. The Chief Infrastructure Director and Public Works Director support the requested Mr. Whitehead addressed the board and thanked them for their time and listening to his request, and Board Member, Mr. Clubbs asked ifthey have any drawings to show what they are proposing to do. Ms. Victoria Williams, architect, presented the board with the proposed plans for the entryway. Each board member reviewed the proposed plans. Mr. Clubbs asked ift there are any existing codes, etc., that would prevent a private use of public land. Ms. Richard stated the City ordinances allow for variance requests for certain criteria. The City Attorney and City Manager recommended that since the ROW could not be abandoned, that a variance request should bej presented to the Board of Adjustment. Ms. Richard stated the existing driveway is not on their property and is in the ROW. These property owners purchased the property with an exiting issue that was prior to current City rules, laws, or the City's Unified Land Development Code (ULDC), SO the property is  variance as the proposed entryway doesn'taffect the pipe in the ROW. he appreciates the City working with him and he hopes for a favorable vote.  grandfathered in. Public Comments -1 none.  Mr. Doolittle: made. a motion to approve the variance request as presented,  Second to: motion: Mr. Pennington,  Onv vote:  Santos Clubbs: Doolittle: Pennington: aye Whitworth: aye  aye aye aye  approved 5-0  Ms. Richard thanked the members for their attendance, as there can sometimes be a gap between meetings, she appreciates their availability and dedication to meet when a variance: request is With there being no further business or discussion, the meeting adjourned at 5:43p.m.  received.  4B Jerry Whitworth, Board Chairman  prepared by Vicki Harrison Board of Adjustment  January 18, 2024  Page 2