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4-15-24 CDB Adopted MinutesMINUTES Community Development Board (CDB) Meeting Tuesday, August 15, 2023 - 6:00 PM e Commission Chamber Present: Kirk Hansen, Chair Harold Gear, Member Sylvia Simmons, Member Ellen Golombek, Member Jeff Haynie, Member Richard Arthur, Alternate Member Absent: Jennifer Lagner, Member Angela Farford, Member Also Present: Amanda Askew, Planning & Community Development Director (PCDD) Valerie Jones, Recording Clerk Jason Gabriel, City Attorney (CA) Brian Broedell, Principal Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the July 18, 2023 regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS 4. NEW BUSINESS A. 0 West 2nd Street REZN23-0002 (Ordinance No. 90-23-251) and COMP23-0002 (Ordinance No. 31-23-16) Request is for a Future Land Use Map (FLUM) amendment to change the future land use map designation of 0 West 2nd Street (RE# 170834-0000) FROM Residential Medium Density (RM) TO Commercial (CM). Also, a request for a rezoning of 0 West 2nd Street (RE# 170834-0000) FROM Residential, General, Two -Family (RG) TO Commercial, General (CG). STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the Board decision about 0 West 2nd Street would affect 41 and 61 West 2nd Street. Director Askew said that it shouldn't. She explained that this case started from a complaint about a fence and paving of the right-of-way. Director Askew said they then realized that the applicant was in violation of the use -by -exception but Staff isn't pursuing that at this Community Development Board (CDB) August 15, 2023 Page 1 of 7 time. Ms. Golombek asked if the change was made to Commercial then would it fit under General Commercial including the exceptions. Director Askew said that those types of uses wouldn't match the FLUM and it would have to be changed to Industrial Zoning to allow major automotive. APPLICANT REPORT: The applicant wasn't present to speak. Chair Hansen asked if there was anyone present to represent or speak on behalf of the applicant but there wasn't anyone present. Director Askew recommended deferring. MOTION. To DEFER REZN23-0002 and COMP23-0002 until September 19, 2023. Motion: Jeff Haynie Second: Ellen Golombek The Board then went on to vote on Agenda item 4D since it was for the same address and applicant. Kirk Hansen For Harold Gear Against Sylvia Simmons For Ellen Golombek (Seconded By) For Jeff Haynie (Moved By) For Richard Arthur For Motion passed 5 to 1. B. 378 4th Street ZVAR23-0020 (Robert Blackman) Request for a variance to reduce the minimum side yard setback on the east side of the property to construct an addition at 378 4th Street. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Haynie asked to clarify that when the townhome was built the current requirements were not in place. Planner Broedell said that it was probably zoned for 2 -family when it was built in 1989 but now that it was rezoned single family in the early 2000's there isn't anything in the code addressing this situation. Ms. Golombek asked about the set -back from the back fence. Planner Broedell said the required and proposed rear yard setback is 20 feet. Ms. Golombek asked what the impervious pervious would be. Planner Broedell said they are above the 45% and are grandfathered in but can't increase it. He said they would have to remove some concrete and possibly use grass pavers. Mr. Arthur asked whether the eaves were considered in measuring for setbacks. Planner Broedell said the measurement is taken to the wall and overhangs can be 2 feet into the setback. Ms. Simmons asked if the Board approved then would they need a variance for both side yards. Planner Broedell said it would be 1 variance for a combined 15 foot side yard setbacks. There was further discussion about what the applicant was proposing to build and possible variations that might work. Ms. Golombek said she came before this board Community Development Board (CDB) August 15, 2023 Page 2 of 7 several years ago but she incorporated the storage unit into the addition and got a variance for the center wall. APPLICANT REPORT: Robert Blackman introduced himself. He explained the narrow lot with the current setback leaves him with 10 feet to build on. Mr. Blackman went into detail about what he plans to do. He spoke about the permeable surface and said he couldn't find out if the pavers were permitted or not. Ms. Golombek asked if he had thought about moving the addition to the wall and keeping the 5 foot setback so it doesn't go right against the wall. Director Askew added that she wasn't able to find a permit for the pavers which would mean that Mr. Blackman wouldn't be able to receive credit for the area that the pavers cover. Mr. Blackman talked about adding a request for the permeability to the variance but Director Askew said that couldn't be legally done because the City didn't advertise for that. Mr. Arthur asked if it was a townhouse or duplex. Mr. Blackman considered it a duplex and said there are 2 different owners. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Simmons said that since the impervious is at 63% and it isn't a part of this request, should the Board put a condition if approved that the applicant would have to replace the driveway with pervious material. Chair Hansen said he thought the Board could make sure that the applicant maintains the existing ratio. Mr. Arthur was hesitant to do so until the applicant meets with Staff. Chair Hansen asked the applicant if he wanted to defer. Mr. Blackman said he made a request to change the variance request and said he had emailed some drawings. The Board didn't have these drawings. Ms. Simmons said that because the pavers for the patio don't have a permit that area cannot count and Mr. Blackman would need to remove some impervious area. The Board had a lengthy discussion among themselves and the applicant on whether to defer due to the impervious issue. The applicant wanted to move ahead with the existing request. The Board discussed the permeable surface further and asked Staff a few more questions. Celeste Blackman introduced herself as the applicant as well and wanted it on the record that due to Ms. Golombek having a concern, as a neighbor regarding flooding, that they would do whatever it took to mitigate the potential for flooding. Mr. Haynie said he was on the fence. Mr. Gear said the reality is that it made no sense to have a setback on the shared wall. The Board discussed which conditions for approval would apply. MOTION: To APPROVE ZVAR23-0020 based on the Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Harold Gear Second. Richard Arthur Community Development Board (CDB) August 15, 2023 Page 3 of 7 Kirk Hansen Against Harold Gear (Moved By) For Sylvia Simmons For Ellen Golombek Against Jeff Haynie For Richard Arthur (Seconded By) For Motion passed 4 to Z C. 1980 Mipaula Court ZVAR23-0022 (Patrick Johnson) Request for a variance from Section 24-68(b)(1) at 1980 Mipaula Court. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Arthur asked what the impervious lot coverage would be. Planner Broedell said it was approved at 48.2% which is less than the existing coverage. Mr. Arthur asked if the previous retention plan was going to require the removal of a tree. Planner Broedell said that one tree was removed that fell into the dangerous species category. Ms. Simmons asked about an oak tree that she thought was going to have to be removed. Planner Broedell said the applicant would have to answer that. There was further discussion on how an increase in property value triggers water retention. APPLICANT REPORT: Patrick Johnson introduced himself as the homeowner. He said he would answer a few questions and then he would have his general contractor speak. Mr. Johnson said the oak tree was approximately 36" in diameter and he bought the house in 2016. Ms. Simmons asked the applicant if he was aware of the storm water retention plan requiring the removal of a tree. Mr. Johnson said he was. He said that he wanted to remodel his home but didn't want to have to remove the tree. Ms. Golombek asked if the retention could go somewhere else. Mr. Johnson said his general contractor would have to answer that. Mr. Haynie asked if the removal of the tree triggered him to change his mind about doing the retention. Mr. Johnson said that it did. Ted Alesch introduced himself as the contractor. He explained that after reviewing the retention plans they realized how dramatic of a change it would make to the site, affecting the neighbors, the tree and the neighbor's palm tree. Mr. Alesch showed a picture explaining that the lot currently drains from the front of the street to the back and the retention plan would reverse that. He said a soil test showed no water at 5 feet below. Mr. Alesch said a large berm in the front yard would have to be taken down below street level, remove the oak tree and a palm tree in the neighbor's yard which would then need a retaining wall to go down the side of their yard. He said that since they are reducing the lot coverage and the footprint of the house is remaining the same they decided to ask for a variance. Ms. Simmons said an 8" diameter oak absorbs 1,491 gallons of water a year. She said she was still concerned about the neighbors behind this property. Mr. Alesch said there is a natural swale going down the north side of the lot. Mr. Johnson said none of the neighbors have ever had any flooding. Mr. Alesch said they tried to come up with other options for retention but due to the fact that you can't be too close to the house, within 15 feet of the lot line, etc. He said the limited what they could do. Ms. Community Development Board (CDB) August 15, 2023 Page 4 of 7 Golombek asked why these concerns didn't come up when they presented their original permit. Mr. Alesch said it didn't until they got with an engineer and started staking out the lot. Then they realized how dramatic it was going to be. Ms. Golombek asked that since the house was almost finished why did it take this long to go for a variance. Mr. Alesch said that they were about half way through the project when back and forth with the engineer trying to come up with a solution. He talked with public works and they suggested he pursue a variance. Mr. Arthur asked him what the impervious surface was going to be. Mr. Alesch said it was around 42%. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Glen Fisher of 2001 Mipaula Court introduced himself. He spoke in favor of approving this request and keeping the tree and the berm. There were no more public comments. BOARD DISCUSSION: Chair Hansen said it would be reasonable to approve this due to exceptional topographic conditions. Mr. Haynie agreed and added that condition 4 could be added. Mr. Gear said the fact that the applicant knew this at the time of permitting and at this late time is asking for a variance was moderately duplicitous. Mr. Arthur thought that reversing the direction of the drainage to the street would be a hardship. MOTION: To APPROVE ZVAR23-0022 based on exceptional topographic conditions of or near the property and onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Jeff Haynie Second. Sylvia Simmons Kirk Hansen For Harold Gear For Sylvia Simmons (Seconded By) For Ellen Golombek For Jeff Haynie (Moved By) For Richard Arthur For Motion passed 6 to 0. D. 0 West 2nd Street ZVAR23-0023 (Harold J. Rooks) Request for a variance to exceed the maximum fence height at 0 West 2nd Street. MOTION: To DEFER ZVAR23-0023 until September 19, 2023. Motion: Jeff Haynie Second. Sylvia Simmons Kirk Hansen Harold Gear For Against Community Development Board (CDB) August 15, 2023 Page 5 of 7 5. Sylvia Simmons (Seconded By) For Ellen Golombek For Jeff Haynie (Moved By) For Richard Arthur For Motion passed 5 to 1. E. 981 Sailfish Drive ZVAR23-0024 (Springfield Builders) Request for a variance to the platted Building Restriction Line (BRL) at 981 Sailfish Drive. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. The Board revisited the fact that every homeowner and lender would have to agree and sign -off to redo the subdivision plat. APPLICANT REPORT: Bucky Davis of Springfield Builders introduced himself and said that Director Askew explained everything well. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. A representative for 984 Sailfish Drive introduced herself. She spoke in favor of approval of this request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: The Board spoke in favor of approving this request. MOTION: To APPROVE ZVAR23-0024 due to exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Motion: Jeff Haynie Second. Ellen Golombek Kirk Hansen For Harold Gear For Sylvia Simmons For Ellen Golombek (Seconded By) For Jeff Haynie (Moved By) For Richard Arthur For Motion passed 6 to 0. REPORTS Director Askew encouraged the Board to watch the video from last night's City Commission meeting where they discussed the impervious/pervious lot coverage topic. Chair Hansen added that he had spoken to the City Engineer about not applying the same guidelines to every lot in Atlantic Beach. Ms. Golombek also recommended watching that part of the meeting. Community Development Board (CDB) August 15, 2023 Page 6 of 7 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:41 p.m. Attest: 0�na�'d' g, Amanda Askew Kirk Hansen, Chair Communit} Development Board (CDB) August 15, 2023 Page 7 of 7