2-6-23 Special Called Meeting Adopted MinutesMINUTES
Special Called Meeting of the City Commission
f,
Monday, February 6, 2023 - 5:30 PM
Commission Chamber
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 5:30 PM. Deputy City
Clerk Nichols called the roll.
ATTENDANCE:
Present:
Also Present:
Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Jessica Ring, Commissioner - Seat 5
Shane Corbin, City Manager (CM)
Jason Gabriel, City Attorney (CA)
Kevin Hogencamp, Deputy City Manager (DCM)
Amanda Askew, Planning & Community Development Director
(PCDD)
Ladayija Nichols, Deputy City Clerk (DCC)
1. CALL TO ORDER AND ROLL CALL
2. PUBLIC HEARING ON WAIVER REQUEST (WAIV23-0001) FOR 826 & 838 OCEAN
BLVD.
A. City Attorney Procedural Reminders
CA Gabriel provided an overview of the hearing procedures. CM Corbin clarified that
staff presents first and then the applicant.
B. Disclosure of Ex Parte Communications, if any
Commissioner Ring reported having no ex parte communications.
Commissioner Waters reported having no ex parte communications.
Commissioner Kelly reported having no ex parte communications.
Commissioner Bole reported having no ex parte communications.
Special Called Meeting of the City Commission
February 6, 2023
Mayor Ford indicated that he reached out to Lynn Roskein on Saturday January 28, 2023
on an unrelated matter and that during the conversation the issue came up regarding this
waiver request by Mr. and Mrs. Young on the parcel abutting her rear property line. He
also indicated that on January 30, 2023 he reached out to Donald Young to better
understand the plans for building on the two lots and Mr. Young forwarded elevations
of the homes he would like to build if granted this waiver.
C. Swearing in of all persons who will speak
CA Gabriel administered the oath.
D. City Staff Overview
PCDD Askew explained why this was being heard as a waiver and not a variance. She
presented a slide show (which is attached hereto and made part of this Official Record
as Attachment A).
2-6-23 Attachment A
E. Applicant Presentation
Hayden Philips presented poster boards which were provided in a handout (attached
hereto and made part of this Official Record as Attachment B).
Commissioner Bole inquired about the stories and footage of the homes.
Commissioner Waters asked if anyone, such as neighbors, are opposed to this plan. Mr.
Philips said that he has only heard from one person who indicated that they liked the
plans.
Commissioner Ring referred to PCDD Askew's presentation and inquired about the
waiver placing the lot more into compliance. Mr. Philips confirmed that the lots would
come more into compliance with the land development regulations after receiving this
waiver approval.
Commissioner Kelly asked if the owner would be able to comply with permeability and
water retention requirements and Mr. Philips confirmed that they would be able to
comply with any environmental standards.
Nicholas Renard, Architect answered questions from the Commission.
Mayor Ford inquired about correcting setbacks. Mr. Philips clarified what the front and
side setbacks were and that they will be complying with the requirements.
2-6-23 Attachment B
Special Called Meeting of the City Commission
February 6, 2023
F. Public Comments
There were no speakers.
G. Closing Comments/Rebuttal
None.
H. Commission Deliberation and Action
Commissioner Ring expressed that she liked the idea of the LEED Cert conscious.
Mayor Ford expressed that it is important to stay with the current regulations in the Code.
He expressed concern that, if there are no conditions added and the property gets sold in
the future, the new owners could do something different. Mr. Renard clarified that there
are challenges presented with not knowing the future and expressed that he is unsure of
what could happen with the next owner. Mayor Ford asked which provision the
Commission would approve.
Commissioner Waters indicated Option 1 which states, "Compliance with such
provision(s) would be unreasonable." Mayor Ford agreed with Commissioner Waters
and wanted to hear from the other Commissioners.
Commissioner Ring chose Option 1 as well.
Commissioner Kelly expressed support for granting this waiver, noting it is reasonable.
Commissioner Bole agreed with Commissioner Waters about Option 1.
There was CONSENSUS on Option 1.
MOTION: Approve WAIV23-0001.
Motion: Bruce Bole
Second. Michael Waters
Curtis Ford
Bruce Bole (Moved By)
Michael Waters (Seconded By)
Candace Kelly
Jessica Ring
Motion passed S to 0.
For
For
For
For
For
Special Called Meeting of the City Commission
February 6, 2023
3. ADJOURNMENT
The meeting adjourned at 6:06 p.m.
Attest:
Donna L. Bartle, City Clerk
Date Approved: -4/,2A 3
CM114 �141
Curtis Ford, Ma or
Special Called Meeting of the City Commission
February 6, 2023
Attachment A to
2-6-23 Minutes
WAIV23m0001
826 Ocean Boulevard &
838 Ocean Boulevard
Request for a as permitted by Section 24-66 to
waive the provision of a minimum 75 foot lot
width as required by Section 24-106 to allow
the subdivision of two (2) existing parcels into
two lots.
Attachment A to
2.6-23 Minutes
Site Context and Details
• Properties are zoned Residential, Single -Family (RS -2)
• Corresponds to the Residential Low (RL) designation of the FLUM
• Both lots have frontage on Ocean Blvd, while 826 Ocean Blvd, has
frontage on East Coast Drive as well.
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Attachment A to
2-6-23 Minutes
Site Context and Details
Currently two lots with a single family
home on each
• 826 Ocean Blvd. (southern property):
• 57 feet wide
• 89.76 feet deep
• 838 Ocean Blvd. (northern property):
• Frontages on Ocean Blvd.
• Ocean Blvd. width: 50 fee-
• East Coast Dr. width: 78 fe
• 178.17 feet deep
ting Lots
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2-6-23 Minutes
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Attachment A to
2-6-23 Minutes
History
1959 — Zoned Residents A (RA)
Min. lot size 5,000 sf
Min. lot area 5,000 sf
1982 — Rezoned Residential Single Family (RS -2)
Min. 1 o t size 5, 000 sf
Min. 1 o t area 5, 000 sf
2003 - Zoning code updated
Min. lot size 7,500 ft
Min. lot width 75 ft.
838 Ocean Blvd — nonconforming
due to size and lot width
Attachment A to
2-6-23 Minutes
Request
• Reduce size of the southern lot (826 Ocean Blvd.) by 3,039 square
feet and reallocate the area to the property to the north (838 Ocean
Blvd.)
• Would create two through lots
• Section 24-106 requires of 75 ft. lot width
nimum EXISTING PROPOSED' EXISTING PROPOSED
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838 Ocean Blvd. '°838 Ocean BlvM 826 Ocean Blvd. 826 Ocean Blvd.
5,123 A
57 ft.
(no change) (no char
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none 37.98 ft.
89.76 ft.
176.96
11,368 A 8,329 sf.
50 ft. 50 ft.
(no change) (no change)
78 ft. 40.02 ft.
176.96 ft. 176.96ft
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Attachment A to
2.6-23 Minutes
Reduce lot width along East Coast Dr.
No Change to lot width along Ocean Blvd.
Attachment A to
2.6.23 Minutes
Considerations
The proposed new lots would meet the min. lot size (7,500 sf).
New lots would not exceed the density limitation on the Future
Land Use Map of the Residential Low (RL) — up to 6 units per
acre.
Existing house at 826 Ocean Blvd. would need to meet all
applicable setbacks and impervious surface area.
Attachment A to
2.6-23 Minutes
Grounds for Decision
• Section 24-66(e)(1)
"A waiver from the land development regulations may be approved only
upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to the
general intent and spirit of these land development regulations. In
considering any request for a waiver from these land development
regulations, the city commission may require conditions as appropriate to
ensure that the intent of these land development regulations is enforced."
Section 24-66(b) requires the applicant submit to Commission a written
request stating the reason for the waiver and the facts to support the
waiver.
(1) Compliance with such provision(s) would be unreasonable; or
(2) Compliance with such provision(s) are in conflict with the public interest;
or
(3) Compliance with such provision(s) are a practical impossibility.
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BEACH. FLORIDA 32233
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