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01-27-25 Regular City Commission Draft AgendaCity of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, January 27, 2025 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 3.A. Fiscal Year 2022-23 Financial Statement and Independent Auditor's Report. Link to FY 22-23 Auditors Report 3.B. Accept the 90 -Day Calendar (Jan. - Mar. 2025) 5 - 8 90 -Day Calendar (Jan. - Mar. 2025) 3.C. Consideration of legislation regarding the conduct of business activities in parks and facilities. Conduct of Business Activities 9-11 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6.A. Authorize the City Manager to sign the Third Amendment to Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. Radio Service Agreement 13 - 17 7. COMMITTEE REPORTS Page 1 of 65 Regular City Commission - 27 Jan 2025 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 25-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT NUMBER Z4650 AND ANY AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 25-09 19-20 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 5-25-69, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING SECTION 2-16 OF THE CITY CODE TO CHANGE THE REGULAR MEETING TIME OF THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 5-25-69 9.B. ORDINANCE NO. 5-25-70, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 2 — SPECIAL MAGISTRATE, SECTION 2-143, SPECIAL MAGISTRATE APPOINTMENT; QUALIFICATIONS; TERM, AND SECTION 2-144 SPECIAL MAGISTRATE COMPENSATION OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 5-25-70 21-22 23-26 10. MISCELLANEOUS BUSINESS 10.A. Public Hearing - APP 25-0001 - Appeal of the Community Development Board (CDB) - Decision for ZVAR 24-0005 (223 Ocean Boulevard) Request for a variance to add a new second story over the footprint of existing nonconforming first story detached garage at 223 Ocean Boulevard. 10.A1. Disclosure of Ex Parte Communications, if any 10.A2. City Attorney Procedural Reminders 27 - 30 Appeal Procedures 10.A3. Swearing in of all persons who will speak 10.A4. City Staff Overview APP25-0001 10.A5. Applicant Presentation 31-65 Page 2 of 65 Regular City Commission - 27 Jan 2025 10.A6. Public Comments 10.A7. Closing Comments/Rebuttal 10.A8. Commission Deliberation and Action 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13. ADJOURNMENT This meeting will be live -streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 3 of 65 Page 4 of 65 Agenda Item #3.B. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: 90 -Day Calendar for the City Commission SUBMITTED BY: Adrianna Walsh, Executive Assistant to the City Manager TODAY'S DATE: January 15, 2024 MEETING DATE: January 27, 2025 BACKGROUND: The rolling 90 -day calendar is routinely revised based on input from City staff and the Commission, and is included in each agenda for consideration by consensus. Please note that the 2025 town hall meetings have been scheduled for: • Saturday, January 25 in the Commission Chamber • Saturday, April 5 at Jordan Park • Saturday, July 19 at Gail Baker Community Center • Saturday, October 18 at the Adele Grage Cultural Center BUDGET: None RECOMMENDATION: Accept the 90 -Day Calendar for January 2025 -March 2025 by consensus ATTACHMENT(S): City Commission 90 -Day Calendar (January 2025 -March 2025) REVIEWED BY CITY MANAGER: "36 Page 5 of 65 L a- J 0'q CD fT 0 - h Ln CITY COMMISSION January 2025 SUNDAY 5 Fanners Market 10 am -2 pm (Russell Park) 12 Tree Giveaway 10 am -Noon (City Hall) Farmers Market 10 am -2 pm (Russell Park) 19 26 Farmers Market 10 am -2 pm (Russell Park) Farmers Market 10 am -2 pm (Russell Park) 6 7 13 20 MONDAY TUESDAY 1 8 WEDNESDAY 'THURSDAY New Years Day City Offices Closed Code Enforcement Environmental Special Magistrate Stewardship Cmte. 2pm 6pm 14 15 City Commission Arts, Recreation, 6:30 pm Culture Committee (Invoc-Ford) 6 pm Martin Luther King Jr. Day City Offices Closed ESC Tree Subcmte. 6 pm 21 ' 22 Community Development Board bpm 9 10 16 17 23 24 ESC Sustainability Subcmte. 9 am 27 28 29 30 31 City Commission 6:30 pm (Invoc-Bole) FRIDAY S,\TURD.,\Y Arbor Day Celebration 9 am 4 11 18 MLK Day Celebration (St. Paul by the Sea) 11 am 25 Town Hall Meeting (Chamber) 10 am CITY COMMISSION February 2025 SUNDAY MONDAY TUESDAY WEDNESDAY TI IURSDAY FRIDAY SATURDAY 2 9 Fanners Market 10 am -2 pm (Russell Park) Fanners Market 10 am -2 pm (Russell Park) 3 4 6 7 Speaker Series 6 pm (Chamber) 10 11 12 t3 14 City Commission 6:30 pm (Invoc-Grant) Arts, Recreation, Culture Committee 6 pin Environmental Stewardship Crnte. 6 pm Pension Boards 6:30 pm 16 17 18 19 20 21 23 Fanners Market 10 am -2 pm (Russell Park) Fanners Market 10 am -2 pm (Russel] Park) President's Day City Offices Closed Community Development Board 6 pm ESC Outreach Subcommittee 4:45 pm ESC Tree Subcmte. 6 pm 24 25 26 27 28 City Commission 6:30 pm (Invoc-&felly) ESC Sustainability Subcmte. 9 am 8 15 22 a- J CD 00 0 — h Ln CITY COMMISSION March 2025 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 3 10 17 24 31 4 Code Enforcement Special Magistrate 2 pm 5 6 Speaker Series 6 pm (Chamber) 7 11 12 13 14 City Commission Arts, Recreation, Environmental 6:30 pm Culture Committee Stewardship Cmte. (Invoc-Ring) 6 pm 6 pm 18 19 20 21 ESC Outreach Community Subcmte. Development Board 4:45 pm 6 pm ESC Tree Subcmte. 6 nm 25 26 27 28 City Commission ESC Sustainability 6:30 pm Subcmte. (Invoc-Ford) 9 am 15 22 29 SUNDAY 2 Farmers Market 10 am -2 pm (Russell Park) Songwriters Concert 6 pm (Adele Grage) 9 Farmers Market 10 am -2 pm (Russell Park) 16 Farmers Market 10 am -2 pm (Russell Park) 23 Farmers Market 10 am -2 pm (Russell Park) 30 Farmers Market 10 am -2 pm (Russell Park) CITY COMMISSION March 2025 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 3 10 17 24 31 4 Code Enforcement Special Magistrate 2 pm 5 6 Speaker Series 6 pm (Chamber) 7 11 12 13 14 City Commission Arts, Recreation, Environmental 6:30 pm Culture Committee Stewardship Cmte. (Invoc-Ring) 6 pm 6 pm 18 19 20 21 ESC Outreach Community Subcmte. Development Board 4:45 pm 6 pm ESC Tree Subcmte. 6 nm 25 26 27 28 City Commission ESC Sustainability 6:30 pm Subcmte. (Invoc-Ford) 9 am 15 22 29 Agenda Item #3.C. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Consideration of legislation regarding the conduct of business activities in parks and facilities. SUBMITTED BY: Kevin Hogencamp, Deputy City Manager IA TODAY'S DATE: January 15, 2025 MEETING DATE: January 27, 2025 SUMMARY: Prudently regulating business activity within city parks and facilities enables local government to ensure that these valuable public resources are used thoughtfully, effectively and equitably for the benefit of the entire community, and that liability is mitigated. At the encouragement of City Commission members, City staff is preparing an ordinance for introduction at the Commission's Feb. 10 meeting regarding the conduct of business activities within parks and facilities. The draft ordinance is presented as a conversation -starter; public and Commission input is desired. Cities regulate business and often prohibit business activity in parks and facilities for many reasons. Among them: • Mitigating Liability: Prohibiting business activities in parks can mitigate liability for the park's governing body in several ways: o Reduced Risk of Injury: Some businesses involve activities that increase the risk of injury to park visitors. o Increased Foot Traffic: Businesses can significantly increase foot traffic in a park, potentially leading to overcrowding, congestion, and a higher likelihood of accidents. o Safety Standards: Businesses operating within a park may not adhere to the same safety standards as the park itself. This can create inconsistencies in safety measures and increase the risk of accidents. o Liability for Business Activities: If a visitor is injured due to the negligence of a business operating within the park, the park's governing body could be held partially liable, even if it did not directly cause the injury. • Preserving Public Space/Maintaining the Public Purpose: City parks and facilities are intended for the enjoyment and recreation of all citizens. Unrestricted business activity can create: o Distraction and Noise: Commercial activities can generate noise, traffic, and other disturbances that disrupt the peaceful and recreational nature of the park. Page 9 of 65 Agenda Item #3.C. 27 Jan 2025 o Visual Impact: Businesses may introduce visual clutter and detract from the natural beauty of the park environment. o Barriers to access: Commercial activities can make city parks and facilities feel exclusive or unwelcoming to certain groups and take up space needed for passive recreation like walking, picnicking, or simply enjoying nature. • Protecting the Environment: Parks often contain sensitive ecosystems. Business activities can: o Damage natural resources by harming trees, plants, and wildlife habitats. o Increase Pollution: Businesses may generate waste, noise, and light pollution that negatively impact the park's ecological integrity. • Easier to Maintain and Supervise: o Reduced Complexity: Prohibiting business activity simplifies park management by reducing the number of entities and activities that need to be monitored and regulated. o Improved Enforcement: Clear prohibitions on business activity make it easier to enforce park regulations, mitigate risks, and ensure that the city only approves activities that align with the city's objectives. o Lead to conflicts: Competition between businesses and the potential for overcrowding can lead to conflicts within city parks and facilities. ( * Information sources include: National Recreation and Parks Association: "Parks and Recreation is Essential"; Trout Brook Arborists: "Understanding the Impact of Urban Development on Trees"; Santa Clara University Markkula Center for Applied Ethis: "Public Officials as Fiduciaries"; Health Facility Management magazine: "Regulatory Guidance for Facilities Managers". ) RECOMMENDATION: Commission provide input to staff helpful to determine the language in an ordinance regarding the conduct of business activities within parks and facilities. BUDGET: N.A. ATTACHMENT: Draft Ordinance CITY MANAGER: Uv 1). Page 10 of 65 Agenda Item #3.C. 27 Jan 2025 City of Atlantic Beach Ordinance No. [Number] An Ordinance Regarding the Conduct of Business Activities in City Parks and Facilities WHEREAS, the City of Atlantic Beach desires to maintain the integrity and intended use of its parks and its recreation facilities for the enjoyment and benefit of all residents and visitors; and WHEREAS, the conduct of commercial activities within these public spaces may have an adverse impact on the recreational use, environmental quality, and overall character of such areas; and WHEREAS, it is necessary to establish clear and consistent guidelines for the approval of business activities within City parks and facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITCOMMISSION OF THE CITY OF ATLANTIC BEACH AS FOLLOWS: Section 1. Definitions For the purposes of this Ordinance, the following definitions shall apply: • "Business Activity" shall mean any activity conducted for profit, including but not limited to: * Sales of goods or services * Solicitation of donations or contributions * Advertising or promotional activities * Use of park facility for commercial filming or ph t graphy * Conductingclasses or workshopsfor profit „ • "City Manager" shall mean the City Manager of the City of Atlantic Beach or his/her designee. • "City Park" shall mean any park, playground, green space, or other public area owned or maintained by the City of Atlantic Beach 7. • "City Facility" shall mean any building, structure, or other facility owned or maintained by the City of Atlantic Beach including but not limited to community centers, libraries, and recreational centers. Section 2. Prohibition of Business Activities. Business Activity is generally prohibited. No person or entity shall conduct any Business Activity in any City Park or City Facility without first obtaining written approval from the City -Manager. Section 3. Limited Approval for Non -Profit Entities and City Partnerships. The City Manager shall only approve Business Activities iriCity Parks or City Facilities conducted by a non-profit entity and/or conducted by permit and/or in partnership with the City. Section 4. City Manager's Authority The City Manager shall have the authority to: • Approve or deny any request or application for the conduct of a Business Activity • Impose conditions or restrictions on approved activities • Revoke approval for any Business Activity that violates this Ordinance or any other applicable laws or regulations Section 5. Enforcement Any person or entity that violates this Ordinance shall be subject to a civil penalty of not more than $500 for each violation. Page 11 of 65 Page 12 of 65 Agenda Item #6.A. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Radio Services Agreement between COJ and COAB SUBMITTED BY: Victor Gualillo, Chief of Police TODAY'S DATE: January 2, 2025 MEETING DATE: January 27, 2025 BACKGROUND: The City of Atlantic Beach (COAB) currently operates police radio communications through the City of Jacksonville (COJ) P25 radio system. The COAB owns the 800 MHz radios and relies on the COJ for repeaters and other infrastructure to operate the radio system. The majority of the radios used by the COAB are within the Police Department and are relied on daily for communications. Other departments within the city have 800 MHz radios which function on the City of Jacksonville P25 radio system and are available to them in an emergency situation. The COJ radio system provides the Police Department with inter -operability with other law enforcement agencies in the area which is paramount to public safety during critical incidents. Periodically the COJ and the COAB enter into a Radio Services Agreement which sets the terms and rate for a specified time frame. The current agreement was originally entered into in October 2021 and the first amendment was entered into in February 2023. Retroactively, commencing on October 1, 2024, the City of Atlantic Beach is required to pay a fixed monthly fee of $26.43 for the services set forth in this Agreement. This fee includes $17.93 per Unit of P25 maintenance and $6.30 per Unit for Radio Shop services and support, and $2.20 per Unit for JEA tower expenses. BUDGET: The approximately annual cost for this radio service is $45,000. This item has been approved in the FY25 Police Budget. RECOMMENDATION: Authorize the City Manager to sign the Third Amendment to Radio Services Agreement between the City of Atlantic Beach and the City of Jacksonville. ATTACHMENT(S): 1) City of Jacksonville Radio S ; ices Agreement REVIEWED BY CITY MANAGER: I Page 13 of 65 Agenda Item #6.A. 27 Jan 2025 THIRD AMENDMENT TO RADIO SERVICES AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE CITY OF JACKSONVILLE This Third Amendment to Radio Services Agreement (this "Third Amendment") is dated , 2024, is retroactive to October 1, 2024, and is between the CITY OF JACKSONVILLE, a consolidated political subdivision and municipal corporation existing under the laws of the State of Florida (the "City"), and the CITY OF ATLANTIC BEACH, a municipal corporation in Duval County, Florida ("Atlantic Beach"). Whereas, effective October 1, 2021, the City and Atlantic Beach entered into the Radio Services Agreement, City Contract No. 230200 (the "Agreement"), approved and authorized by Ordinance 2013-424-E; and amended the Agreement on March 15, 2023 (First Amendment) and April 4, 2024 (Second Amendment). Whereas, Ordinance 2013-424-E authorizes the Chief of the Information Technologies Division, on behalf of the Mayor and the Corporation Secretary, to execute amendments to the Agreement on behalf of the City, upon approval by the Mayor's Budget Review Committee, which approval was most recently obtained on November 12, 2024. Whereas, the parties desire to amend the Agreement as more fully set forth in this Third Amendment. Now, therefore, for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The above -stated recitals are accurate, true, and correct and are hereby incorporated in and made a part of this Third Amendment. 2. Capitalized Terms. Unless otherwise defined in this Third Amendment, all capitalized terms shall have the meaning given to them in the Agreement. 3. Amendment to Subsection 4(a). Subsection 4(a) of the Agreement is hereby amended by adding the monthly fee for fiscal year 2025, and reads in its entirety as follows: (a) Commencing October 1, 2021, through September 30, 2022, Atlantic Beach shall pay the City a fixed monthly fee of $21.02 per Unit for the services set forth in this Agreement. This fee includes $13.23 per Unit for P25 maintenance, $5.72 per Unit for radio shop services and support, and $2.07 per Unit for JEA expenses. Commencing October 1, 2022, through September 30, 2023, Atlantic Beach shall pay the City a fixed monthly fee of $35.21 per Unit for the services set forth in this Agreement. This fee includes $27.18 per Unit for P25 maintenance, $5.88 per Unit for radio shop services and support, and $2.15 per Unit for JEA costs. Commencing October 1, 2023, through September 30, 2024, Atlantic Beach shall pay the City a fixed monthly fee of $28.31 per Unit for the services set forth in this Agreement. This fee includes $20.36 per Unit for P25 maintenance, $5.79 per Unit for radio shop services and support, and $2.16 per Unit for JEA costs. Page 14 of 65 Agenda Item #6.A. 27 Jan 2025 Commencing October 1, 2024, through September 30, 2025, Atlantic Beach shall pay City a fixed monthly fee of $26.43 per Unit for the services set forth in this Agreement. This fee includes $17.93 per Unit for P25 maintenance, $6.30 per Unit for radio shop services and support, and $2.20 per Unit for JEA costs. 4. Amendment to Section 6. Section 6 of the Agreement is hereby amended by extending the minimum payment to fiscal year 2025, and reads in its entirety as follows: 6. Minimum Payment. Atlantic Beach may increase or decrease the number of Active Units as it deems appropriate. However, subject to the provisions in Sections 5 and 7 herein, Atlantic Beach agrees that the average monthly payment for services hereunder shall not fall below $1,250.00 from October 1, 2021, through September 30, 2025. This average monthly payment is required to ensure that the P25 System remains adequately funded as an ongoing concern. The rates provided in Section 4 of this Agreement are conditioned on Atlantic Beach's agreement to the minimum payment. 5. Amendment to Subsection 8(a). Subsection 8(a) of the Agreement is hereby amended by exercising the third of three one-year renewals to extend the term through fiscal year 2025, and reads in its entirety as follows: (a) Term. The term of this Agreement shall commence on the Effective Date and shall expire on September 30, 2025, unless sooner terminated as provided herein. 6. Amendment to Subsection 8(d). Subsection 8(d) of the Agreement is hereby amended by extending Atlantic Beach's representation through fiscal year 2025, and reads in its entirety as follows: (d) Termination for Non-Aonronriation of Funds. Notwithstanding anything in this Agreement to the contrary, all obligations of Atlantic Beach herein are conditioned upon: (1) the prior receipt by Atlantic Beach of, and authorization to expend, such funds from applicable federal, state, or local sources; and (2) the appropriation of such funds by Atlantic Beach. In the event any of the foregoing prerequisite events do not occur, then this Agreement shall automatically terminate, and thereafter both parties shall have no further rights, obligations, or liabilities under this Agreement. Atlantic Beach hereby represents that it has adequate funding and approvals to fulfill its obligations under this Agreement through September 30, 2025. 7. Modification; Waiver. No modification of the Agreement or this Third Amendment will be effective unless it is in writing and signed by the parties. No waiver under the Agreement or this Third Amendment will be effective unless it is in writing and signed by the party granting the waiver. 8. Ratification; Entire Agreement. The provisions of the Agreement shall remain in full force and effect except as expressly provided in this Third Amendment. This Third Amendment constitutes the entire understanding between the parties with respect to the subject matter of this Third Amendment and supersedes all other agreements, whether written or oral, between the parties with respect to the subject matter of this Third Amendment. 2 Page 15 of 65 Agenda Item #6.A. 27 Jan 2025 9. Counterparts. This Third Amendment may be executed electronically and in several counterparts, each of which will be deemed an original and all of which will constitute one instrument. [Remainder of page left blank intentionally. Signature page follows immediately.] 3 Page 16 of 65 Agenda Item #6.A. 27 Jan 2025 In witness whereof, the parties are signing this Third Amendment the day and year first written above. Witness CITY OF JACKSONVILLE, a consolidated political subdivision and municipal corporation existing under the laws of the State of Florida By: By: Thomas Ossi Wanyonyi Kendrick Technology Contract & Records Manager Director of Technology Solutions On behalf of the Mayor, pursuant to Ordinance 2013-924-E Witness CITY OF ATLANTIC BEACH, a municipal corporation in Duval County, Florida By: By: Name: Bill Killingsworth Title: City Manager Encumbrance and funding information for internal City use: Total Maximum Indebtedness: $0.00 The above stated amount is the maximum fixed monetary amount of the foregoing contract. It shall not be encumbered by the foregoing contract. It shall be encumbered by one or more subsequently issued purchase orders that must reference the foregoing contract. All financial examinations and funds control checking will be made at the time such purchase orders are issued. In accordance with Section 24.103(e), Jacksonville Ordinance Code, I do hereby certify that there is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to cover the foregoing contract; provided, however, this certification is not, nor shall it be interpreted as, an encumbrance of funding under the contract. Actual encumbrances shall be made by subsequent purchase orders as specified in the contract. Form Approved: Office of General Counsel Director of Finance City Contract #230200, Amendment 3 City_of Atlantic_Beach_#230200_Amd_3_P25_Radio_Services_Agreement 4 Page 17 of 65 Page 18 of 65 AGENDA ITEM: Agenda Item #8.A. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Resolution No. 25-09 authorizing the Mayor to execute the master agreement and any subsequent amendments for a federally funded subaward and grant provided by Federal Emergency Management Agency. SUBMITTED BY: Kevin Hogencamp, Deputy City Manager K� TODAY'S DATE: January 16, 2025 MEETING DATE: January 27, 2025 BACKGROUND: The City of Atlantic Beach has requested reimbursement for expenses related to Hurricane Helene. These expenditures totaling approximately $225,000 on debris removal, overtime worked and equipment used by City staff pertaining to Hurricane Helene. Part of the process is to execute the Federally Funded Subaward and Grant Agreement provided by Federal Emergency Management Agency. This requires the Mayor to execute the agreement. When specific projects are approved for funding, amendments to this contract specifying the amount awarded for the project will be made. These also will require the Mayor's signature. Staff recommends that the Commission grants authorization for the Mayor to execute the master agreement, and also authorize the Mayor to execute any subsequent amendments to the master agreement. BUDGET: None RECOMMENDATION: Commission approve Resolution No. 25-09 ATTACHMENT(S): Resolution No. 25-09 Federally Funded Subaward and Grant Agreement Z4650 REVIEWED BY CITY MANAGER: Page 19 of 65 Agenda Item #8.A. 27 Jan 2025 RESOLUTION NO. 25-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR TO EXECUTE FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT NUMBER Z4650 AND ANY AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City incurred expenses related to Hurricane Helene; and WHEREAS, the City has requested reimbursement from the Federal Emergency Management Agency (FEMA); and WHEREAS, FEMA requires that the Mayor of the City of Atlantic Beach execute Federally Funded Subaward and Grant Agreement Number Z4650 to obligate funds for any reimbursements requested. NOW, THEREFORE, BE IT RESOLOVED by the City Commission of the City of Atlantic Beach, that SECTION 1. The Commission hereby authorizes the Mayor to execute Federally Funded Subaward and Grant Agreement Number Z4650. SECTION 2. The Commission authorizes the Mayor to execute any subsequent amendments to the agreement as projects become obligated under the Federally Funded Subaward and Grant Agreement Number Z4650. SECTION 3. This resolution shall take effect immediately up its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 27th day of January 2025. Curtis Ford Mayor ATTEST: Donna L. Bartle City Clerk Approved as to form and correctness: Jason Gabriel City Attorney Page 20 of 65 Agenda Item #9.A. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Ordinance No. 5-25-69 establishing that regular City Commission meetings shall be held at 6 p.m. instead of 6:30 p.m. TODAY'S DATE: January 15, 2025 MEETING DATE: January 27, 2025 SUBMITTED BY: Kevin Hogencamp, Deputy City Manager SUMMARY: At the December 9, 2024, City Commission workshop, Commission members expressed the desire to change regular City Commission meetings from 6:30 p.m. to 6 p.m. for the purpose of uniformity and better accommodating City Commission member and City staff schedules. A majority of the City Commission members supported the ordinance on first reading at the Commission's January 13, 2025, meeting. RECOMMENDATION: Commission consider approving Ordinance No. 5-25-69 on second reading. BUDGET: N.A. ATTACHMENT: Ordinance No. 5-25-69 CITY MANAGER: \�K Page 21 of 65 Agenda Item #9.A. 27 Jan 2025 ORDINANCE NO. 5-25-69 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING SECTION 2-16 OF THE CITY CODE TO CHANGE THE REGULAR MEETING TIME OF THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, desires to amend the time of its regular meetings; and WHEREAS, the City Commission believes that changing the regular meeting time is better suited in terms of uniformity and better accommodating City Commission and City staff schedules. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA AS FOLLOWS: SECTION 1. Amendment. Section 2-16 of the City Code is hereby amended to read as follows: The regular meetings of the city commission shall be held on the second and fourth Mondays of each month, except December, in city hall, at 6:00 p.m. If the second or fourth Monday falls on a holiday, the regular meeting shall be held on Tuesday immediately following the holiday. In the month of December, the regular meeting shall be held on the second Monday of the month. SECTION 2. Severability-. If any provision of this Ordinance shall be held to be invalid or unconstitutional, such invalidity shall not affect other provisions hereof, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 3. Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED by the City Commission on first reading this 13th day of January 2025. PASSED by the City Commission on second and final reading this 27th day of January 2025. CITY OF ATLANTIC BEACH Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Approved as to form and correctness: Jason Gabriel, City Attorney Page 22 of 65 AGENDA ITEM: Agenda Item #9.B. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Ordinance No. 5-25-70 an ordinance, amending Chapter 2, section 2-143, special magistrate appointment, qualification and term and section 2-144 compensation, allowing the city manager to extend the contract. SUBMITTED BY: Amanda Askew, Director of Planning, Community Development and Building TODAY'S DATE: January 16, 2025 MEETING DATE: January 27, 2025 BACKGROUND: Staff is recommending an improvement to efficiency and productivity by removing the requirement for annual Commission approval of contract renewals for the Special Magistrate. Instead, staff proposes that the City Manager be authorized to extend the contract, provided there are no objections from the Commission. The Commission will retain the authority to terminate the contract by providing written notice at least 30 days in advance. The Special Magistrate is appointed by the Commission and is included in the annual budget. Serving a vital role in the code enforcement process, the Special Magistrate hears all code enforcement issues and also adjudicates dangerous dog complaints. BUDGET: None RECOMMENDATION: Approve Ordinance No. 5-25-70 on second reading. ATTACHMENT(S): Ordinance No. 5-25-70 REVIEWED BY CITY MANAGER: I -3C Page 23 of 65 Agenda Item #9.B. 27 Jan 2025 ORDINANCE NO. 5-25-70 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, DIVISION 2 — SPECIAL MAGISTRATE, SECTION 2-143, SPECIAL MAGISTRATE APPOINTMENT; QUALIFICATIONS; TERM, AND SECTION 2-144 SPECIAL MAGISTRATE COMPENSATION OF THE CITY OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-143 of the Code of Ordinances for the City of Atlantic Beach provides for the appointment of the special magistrate and the terms and section 2-144 sets the compensation; and WHERAS, Commission appointments and special magistrate and the magistrate must remain be in good standing with the city and compensation is added into the annual budget; and WHEREAS, the City desires to make it possible to extend the contract for the special magistrate by the city manager provided Commission has no objection; and WHEREAS, this minor change will help streamline future agendas provided we are not changing the special magistrate and improved efficiency and productivity; and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Section 2-143, Special magistrate appointment; qualifications; term. of the Code of Ordinances is hereby amended as follows: Sec. 2-143. - Special magistrate appointment; qualifications; term. (a) The city commission shall by resolution appoint a special magistrate or special magistrates, as needed. (b) The special magistrate or special magistrates shall have the jurisdiction and authority granted by this division. (c) Appointment of the special magistrate or special magistrates shall be made on the basis of experience and interest in the subject matter, in the sole discretion of the city commission. (d) Any special magistrate appointed hereunder must be a member in good standing of the Florida Bar for at least five (5) years prior to appointment. Page 24 of 65 Agenda Item #9.B. 27 Jan 2025 (e) The appointment of a special magistrate shall be made for a term of one (1) year, with the city commission reserving the right to terminate the term prior to its natural end, in writing, with no less than thirty (30) days' notice, upon resolution of the city commission. The term maybe extended by the city manager provided city commission has no objection. No term limits shall be established herein for any appointed special magistrate. If the special magistrate wishes to terminate the term prior to its natural end, the special magistrate shall notify the city, in writing, no less than sixty (60) days in advance. Sec. 2-144. - Special magistrate compensation. The special magistrate shall receive such compensation as determined by the city commission. Such compensation shall be set forth in the resolution appointing the special magistrate.annual budget. SECTION 2. Purpose and Intent. The purpose and intent of this Ordinance is to help streamline future agendas, improve efficiency and productivity. SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable and removed from the remaining provisions of this Ordinance which shall remain in full force and intact. SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this day of PASSED by the City Commission on second and final reading this , 2025. CITY OF ATLANTIC BEACH , 2025. day of Page 25 of 65 Attest: Donna L. Bartle, City Clerk Curtis Ford, Mayor Approved as to form and correctness: Jason Gabriel, City Attorney Agenda Item #9.B. 27 Jan 2025 Page 26 of 65 Agenda Item #10.A2. 27 Jan 2025 CITY OF ATLANTIC BEACH PROCEDURES FOR APP 25-0001 APPEAL FROM DENIAL OF VARIANCE ZVAR 24-0015 BY COMMUNITY DEVELOPMENT BOARD 223 Ocean Blvd. Pursuant to 24-49(b) of the Land Development Regulations (LDR) attached, appeals from a decision of the Community Development Board (CDB) may be made to the City Commission by any adversely affected person(s), or any officer, board or department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR, in whole or in part, and specify the grounds of the conflict or violation. Appeals of a CDB decision to the Commission are de novo, meaning that the appeal hearing proceeds from the beginning, as if the prior hearing at the CDB had not occurred. Quasi-judicial proceedings, such as rezonings, uses by exception, variances, waiver requests, and appeals are not controlled by strict rules of evidence and procedure, but certain standards of basic fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the parties must be able to present evidence, cross-examine witnesses and be informed of all of the facts upon which the Commission acts. The hearing must be fair and impartial and contain the following requirements: • Notice per § 24-51(k), LDR. • Quasi-judicial hearings can be very informal. The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence. • Written decision. The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes, ordinances, regulations and policies as well as the facts. • Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part of the record. Sueeested Procedure for Appeal Hearings: • Mayor to Open Public Hearing. • City Attorney — Procedural reminders/correspondence made part of record. • Disclosure by the Commission members of any ex parte communications (per Resolution 95-26, each Commissioner must disclose the subject of the communication and the identity of the person, group or entity who made the communication before final action). • Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB. • Commission questions for Staff, if any. • Applicant, and/or representatives/legal counsel, if applicable, present the request and support for approving the variance request and Applicant's witnesses, if any, make presentations. • Commission questions for Applicant/witnesses, if any. • Public comments — 3 or 5 minutes, depending on number of speaker cards submitted to Clerk. • Closing comments/rebuttal by Applicant (may include cross-examination if requested). • Mayor closes Public Hearing. • Commission deliberation and action, based on provisions set forth in Section 24-65 (c), Land Development Regulations, Variances (attached), which will be memorialized in a written order. • Commission may approve, approve with conditions or deny the variance request. • Per Section 24-65 (c), a variance may be approved if the Commission finds that one (1) or more of the following factors exists to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Page 27 of 65 Agenda Item #10.A2. 27 Jan 2025 REFERENCED CODE SECTIONS Sec. 24-49. - Appeals. Appeals of administrative decisions made by the planning and community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth in section 24-51 hereof. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the planning and community development director. Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the planning and community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, ruling, decision or determination being appealed. The planning and community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the administrator shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. Page 28 of 65 Agenda Item #10.A2. 27 Jan 2025 Sec. 24-65. - Variance. • Sec. 24-65. - Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a variance may be authorized include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. (2) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by - exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the community development board. In the event, that the use -by -exception is denied by the community development board, any approved variance shall be rendered null and void. (3) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. Page 29 of 65 Agenda Item #10.A2. 27 Jan 2025 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. Page 30 of 65 Agenda Item #10.A4. 27 Jan 2025 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: APP25-0001 (Appeal of a decision of the Community Development Board for variance ZVAR24-005 for 223 Ocean Boulevard) SUBMITTED BY: Amanda Askew, Director of Planning and Community Development kfrif TODAY'S DATE: January 15, 2025 MEETING DATE: January 27, 2025 BACKGROUND: Ian Brown, the agent representing the property owner 3118 at 223 Ocean Boulevard, is appealing the final decision of the Community Development (CDB) for variance ZVAR24-0015 made on November 19, 2024. The applicant is seeking a variance to add a new second story over the footprint of existing nonconforming first story detached garage. The property is 9 nonconforming due to setbacks. 276 264 254 3i d St 0 0- A public hearing was held and said request 263 was considered by the City of Atlantic 215 Beach Community Development Board 200 (CDB) on November 19, 2024. Having considered the application, supporting documents, and comments from members of the public, the Community Development Board DENIED the approval of the variance. The Community Development Board made a motion to deny the variance, the motion to deny passed with a vote of 5-2. The CDB found that the request did not meet any grounds from Section 24-65(c) of the Land Development Regulations establishing grounds for approval of a variance. 42 151 290 oz" 239 250 1 fl a 21 This property is 150 feet wide by 127 feet deep and is located within the Residential, Single -Family (RS - 1) zoning district. The lot has three street frontages: Ocean Boulevard to the west, 2nd Street to the south, and Beach Avenue to the east. The front of the house is located on Ocean Boulevard and the detached garage is accessed on Beach Avenue. The request for the variance is associated with the detached garage on the Beach Avenue side of the property. Page 31 of 65 Agenda Item #10.A4. 27 Jan 2025 In 2003, the property was redeveloped, in which the existing home was demolished, and a new single- family home was constructed. The existing 2 -car garage was expanded to a 3 -car garage with a variance at the same time. The variance was to reduce the 20 -yard setback along Beach Boulevard to expand the garage. The approval placed the following condition on the property "The garage structure shall not be converted to a Garage Apartment as such is defined within Section 24-17 of the Land Development Regulations." The garage is original to the property and was developed 0.9' from the eastern property line. Pictures of Original "Carriage House" from 2003 Variance Application In 2003, the permitted building plans also connected the detached garage to the house. Since the garage is attached with a covered breezeway, the structure is now considered attached and shall comply with the Connection between garage and house_ This makes the garage part of the primary structure; therefore, it must meet primary structure setbacks. Page 32 of 65 Agenda Item #10.A4. 27 Jan 2025 yard requirements for the principal structure. For through lots that have frontage on Ocean Boulevard and Beach Avenue, the front yard shall be the frontage that faces Ocean Boulevard. The required front yard (Ocean Boulevard) is 20 feet and the required rear yard (Beach Avenue) is 20 feet. The proposed variance request is in the rear yard (Beach Avenue). Front yard setback (20 feet) Connection between garage and house. This makes the garage part of the primary structure; therefore, it must meet primary structure setbacks. 1 F• .l_ CoveIedl breezeway attaching house 1 and garage Existing 3 -car garage 7.. •I• l 1 VARIANCE REQUEST: • 0.9' setback to east property line Rear yard setback (20 feet) • The applicant is requesting a variance from two sections. 1. Section 24-85(b) which states, "No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including without limitation, building setbacks." 2. Section 24-106(e) which states the minimum rear yard setback is 20 feet. Page 33 of 65 Agenda Item #10.A4. 27 Jan 2025 A nonconforming legal structure is defined as ... "a structure or building which does not conform to the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to effective date of such land development regulations." Although the northern addition to the garage was approved through a variance, the structure is still considered legal nonconforming and any additions beyond the scope of the original variance requires a new variance. The variance related to Section 24-106(e) would be to reduce the rear yard setback for the second story from 20 feet to 0.9'. The proposed second story garage addition is further expanding a nonconformity. EXISTING GARAGE FLOOR PLAN rII .---- ,,_ ,_ 1:11 `ti (I( FiRs FLOOR GARAGE DEMOLITION PLAN SECOND FLOOR GARAGE DEMOLITION PLAN PROPOSED GARAGE FLOOR PLAN GARAGE FIRST FLOOR PLAN GGARAGE SECOND FLOOR PLAN Page 34 of 65 Agenda Item #10.A4. 27 Jan 2025 Proposal is to remove existing dormers over garage and replace with a second -story addition over the existing nonconforming first story. Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after (5) Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 35 of 65 2003 GARAGE ELEVAI ION view from Beach Avenue) 11 ROMR� , W.1 WON L.S. ,. rtr axr, m. wx 1•. T LL -:1_.l ! 1 11 ■i LIU 11111. CARRIAGE HOVE FRONT ELEVATION I I' PROPOSED GARAGE ELEVATION (view from Beach Avenue) I I x awaa. r✓ z 1 1 1 x • L' c_x,' I v'L13 .yi "L.....iR:.TiRC eau, Se .:2 - 1 1 3 t ty':3 EAST ONT ELEVATION qx a.'i..,4 a3 BUDGET: None t:. � L • Agenda Item #10.A4. 27 Jan 2025 • ht41 C]33,3 011CNA4. RECOMMENDATION: Review and vote on APP25-0001 (an approval of the appeal would approve the variance (ZVAR24-0015) and a denial would deny the variance) REQUIRED ACTION: The Commission may consider a motion to approve APP25-0001/ ZVAR24-0015, request for a variance to Section 24-85(b) and Section 24-106(e), upon finding this request is consistent with the Page 36 of 65 Agenda Item #10.A4. 27 Jan 2025 definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below: 1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Or, The Commission may consider a motion to deny APP25-0001/ZVAR24-0015, request for a variance from Section 24-85(b) and 24-106(e) to reduce the minimum rear yard setback for the second story garage addition from 20 feet to 0.9, upon finding this request does not meet any of the criteria set forth in section 24-65(c) nor is consistent with the definition of a variance. ATTACHMENT(S): Appeal Application Section 24-85 and 24-106 in the Land Development Code CDB staff report Variance Application CDB Meeting Minutes REVIEWED BY CITY MANAGER: 0,6 Page 37 of 65 7ocusign Envelope ID: 85CD3CC3-283A-41 FO-9589-4CC66914D5DD REQUEST FOR APPEAL City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 -0;099 (P) 904-247-5800 SITE INFORMATION ADDRESS 223 Ocean Blvd, Atlantic Bch, FL 32233 SUBDIVISION Atlantic Beach RE# 170194-0000 APPLICANT INFORMATION NAME Peter Trofimenko ADDRESS 223 Ocean Blvd Agenda Item #10.A4. 27 Jan 2025 FOR INTERNAL OFFICE USE ONLY PERMIT# APP25-0001 ❑ $300.00 Application Fee **Please submit form in person or to buildna-dent@coab.us BLOCK 28 LOT 1-3 ❑X RESIDENTIAL ❑ COMMERCIAL ❑ OTHER EMAIL petertro365@gmail.com CITY Atlantic Beach PROPERTY LOCATION 223 Ocean Blvd, Atlantic Bch, FL 32233 RE# 170194-0000 STATE FL ZIP CODE 32233 PHONE # 904-203-4133 LOT/PARCEL SIZE 0.44 Acre (127x150) WHAT ISSUE ARE YOU APPEALING? Zoning Variance Denial Please see attached CELL # 703-244-3091 ZONING CODE RS -2 PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING: "In lieu of signed, sworn and notarized signatures of the property owner, agent and/or contractor, and under penalties of perjury, I declare that I have read and examined the foregoing application and that the facts stated in it are true and correct." DocuSigned by: Pau^ trafiwiuAta SIGN EM5NPFPUCANT REQUEST FOR APPEAL 11.19.2024 Peter Trofimenko PRINT OR TYPE NAME OF APPLICANT 12/6/2024 DATE Page 38 of 65 Docusign Envelope ID: 85CD3CC3-283A-41F0-95B9-4CC66914D5DD OWNER'S AUTHORIZATION FOR AGENT City of Atlantic Beach n Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 `war' (P) 904-247-5800 OWNER INFORMATION NAME Peter Trofimenko ADDRESS 223 Ocean Blvd CITY Atlantic Beach AGENT INFORMATION NAME Ian Brown ADDRESS 245 Riverside Ave, Suite 100 CITY Jacksonville STATE FL STATE FL Agenda Item #10.A4. 27 Jan 2025 **Please submit form in person or to buildna-dentc@coab.us PHONE# CELL # 703-244-3091 ZIP CODE 32233 PHONE# CELL # 904-203-4133 ZIP CODE 32202 Ian Brown is hereby authorized to act on behalf of Peter Trofimenko the owner(s) of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: ❑ BUILDING PERMIT ❑ USE -BY -EXCEPTION ❑ COMPREHENSIVE PLAN AMENDMENT ❑ TREE PERMIT ❑ ZONING VARIANCE ❑ PLAT, REPLATOR LOT DIVISION ❑ SIGN PERMIT E ZONING MAP AMENDMENT ❑X OTHER Appeal "In lieu of signed, sworn and notarized signatures of the property owner, agent and/or contractor, and under penalties of perjury, I declare that I have read and examined the foregoing application and that the facts stated in it are true and correct." p—Docusigned by: r 1 RAt-inkb 12/6/2024 Peter Trofimenko —4452n5R5r:75F44p SIGNATURE OF OWNER DocuSigned by: ta.t& Q. f2rawvA, SIG\\NAttirtr6F AGINT OWNERS AUTHORIZATION 11.19.2024 PRINT OR TYPE NAME DATE Ian Brown PRINT OR TYPE NAME 12/6/2024 DATE Page 39 of 65 Docusign Envelope ID: 85CD3CC3-283A-41 F0-95B9-4CC66914D5DD DS Agenda Item #10.A4. 27 Jan 2025 Reasons for appeal include, but are not limited to, the following grounds for approval of Variance: Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area The variance is a zoning requirement for renovation of an existing non- conforming garage/carriage house with reported constructed date of 1927 or 1936. Today, the structure is utilized as a garage with accessory dwelling unit (ADU) above. The ADU is currently occupied, provides multi -generational housing, and facilitates in- home healthcare options for owner's aging family members. The proposed renovation is to cure functional obsolescence, steep -pitched roof with sloping walls, low ceilings, and insufficient headroom. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property As referenced above, the existing structure pre -dates current zoning and land development code of Atlantic Beach. The proposed renovation is to remodel the 2" story and cure functional issues with the construction and configuration of the space, so that family can live on the property and age in place. The footprint of the existing carriage house/garage will not change/extend towards Beach Ave, nor will any existing parking be impacted or reduced. The proposed renovation is consistent with the neighborhood, as well as nearby and adjacent properties that have similarADUs above garages facing Beach Ave. Irregular shape of the property warranting special consideration The subject is a triple -lot corner property (NEQ of Ocean Blvd & 2nd St) with approx. 0.44 acres and frontage along three (3) streets — Ocean Blvd, 2"d St, and Beach Ave. These are unique and atypical lot conditions. While the existing carriage house/ADU along Beach Ave is non -conforming, the property is provides a significant setback along 2' St, which is approx. 60 feet from the primary home. The property is not overbuilt, has no other setbacks issues, and satisfies all other zoning code requirements to allow permitting of the renovation. Page 40 of 65 Docusign Envelope ID: 85CD3CC3-283A-41 FO-95B9-4CC66914D5DD DS Agenda Item #10.A4. 27 Jan 2025 Reasons for appeal include, but are not limited to, the following grounds for approval of Variance: Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area The variance is a zoning requirement for renovation of an existing non- conforming garage/carriage house with reported constructed date of 1927 or 1936. Today, the structure is utilized as a garage with accessory dwelling unit (ADU) above. The ADU is currently occupied, provides multi -generational housing, and facilitates in- home healthcare options for owner's aging family members. The proposed renovation is to cure functional obsolescence, steep -pitched roof with sloping walls, low ceilings, and insufficient headroom. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property As referenced above, the existing structure pre -dates current zoning and land development code of Atlantic Beach. The proposed renovation is to remodel the 2nd story and cure functional issues with the construction and configuration of the space, so that family can live on the property and age in place. The footprint of the existing carriage house/garage will not change/extend towards Beach Ave, nor will any existing parking be impacted or reduced. The proposed renovation is consistent with the neighborhood, as well as nearby and adjacent properties that have similarADUs above garages facing Beach Ave. Irregular shape of the property warranting special consideration The subject is a triple -lot corner property (NEQ of Ocean Blvd & 2nd St) with approx. 0.44 acres and frontage along three (3) streets — Ocean Blvd, 2nd St, and Beach Ave. These are unique and atypical lot conditions. While the existing carriage house/ADU along Beach Ave is non -conforming, the property is provides a significant setback along 2nd St, which is approx. 60 feet from the primary home. The property is not overbuilt, has no other setbacks issues, and satisfies all other zoning code requirements to allow permitting of the renovation. Page 41 of 65 (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240. § 3(Exh. A), 7-8-19) Sec. 24-85. - Nonconforming structures and uses. (a) Agenda Item #10.A4. 27 Jan 2025 Intent. Within the established zoning districts, there exist structures, and uses of land that were lawful prior to the adoption or amendment of these land development regulations. Such uses and structures would be prohibited, restricted or regulated through the provisions of this chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconforming uses and structures, and to permit such nonconformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. Furthermore, the presence of any nonconforming characteristic shall not be considered as justification for the granting of variances, and any nonconforming structure or use, which is made conforming, shall not be permitted to revert to any nonconforming structure or use. (b) Nonconforming structures. (1) No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including without limitation, building setbacks. See Figure 6 (Enlarging Non -Conforming Structures) below. (2) Any nonconforming structure, or portion thereof, that is declared unsafe by the city building official, may be restored to a safe condition. Building permits shall be required. A nonconforming structure may be maintained, and repairs and alterations may be made subject to the provisions of this section. (4) No additions, expansions, or accessory structures may be constructed which would expand a nonconforming use of land. Any existing nonconforming structure that is encroaching into public right-of-way shall not be rebuilt, enlarged, or structurally altered unless such encroachment is removed. (6) The voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction thereafter shall comply with the terms of this chapter. Notwithstanding the foregoing provisions, legal nonconforming residential structures which incur substantial damage by a natural event may be reconstructed within the previously existing footprint and height as lawfully permitted prior to the occurrence of the natural event provided that such reconstruction is started within one (1) year from such natural event and completed within three (3) years. (3) (5) (7) PERMITTED EXPANSION AREA A POTENTIAL EXPANSION 63 Page 42 of 65 Agenda Item #10.A4. 27 Jan 2025 additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-89 are met. However, new development and major remodels shall not exceed fort -five (45) percent regardless of the existing impervious surface percentage. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19) Sec. 24-106. - Residential, single-family district (RS -2). (a) Intent. The RS -2 zoning district is intended to apply to predominately developed areas of single-family dwellings with platted lots that are smaller than those in the RS -1 zoning district. (b) Permitted uses. The uses permitted within the RS -2 zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (4) Family day care homes. (5) Community residential homes, small. (c) Uses -by -exception. Within the RS -2 zoning district, the following uses -by -exception may be permitted: (1) Churches, subject to the provisions of section 24-153. (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to section 24-84(a) and all other applicable land development regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for Tots within the RS -2 zoning district, shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (4) Notwithstanding subsections 1, 2 and 3, the final lot sizes for new townhouse development developed in accordance with section 24-86 may be less per unit. (e) Minimum yard requirements. The minimum yard requirements within the RS -2 zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family. Combined fifteen (15) total feet and five (5) minimum feet on either side. b. Duplex (as permitted by Section 24-86). Seven and one-half (7.5) feet each side. c. Townhouse (as permitted by Section 24-86). (1) New construction: i. Exterior side yard: Seven and one-half (7.5) feet. 78 Page 43 of 65 (f) Agenda Item #10.A4. 27 Jan 2025 ii. Interior side yard (shared lot line): Zero (0) feet. (2) Additions to existing townhouse units: i. Exterior side yard: Seven and one-half (7.5) feet. ii. Interior side yard: Seven and one-half (7.5) feet for additions that are forward of the existing front plane of the townhouse unit. iii. Interior side yard: Zero (0) feet for additions that are behind the existing front plane of the townhouse unit. d. Corner lots. The side yard adjacent to a right-of-way containing a street shall be ten (10) feet. Where there is a platted building restriction line that is greater than the minimum yards listed above, the building restriction line shall be enforced. Building restrictions. Building restrictions within the RS -2 zoning district shall be: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-89 are met. However, new development and major remodels shall not exceed forty-five (45) percent regardless of the existing impervious surface percentage. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240 , § 3(Exh. A), 7-8-19) Sec. 24-107. - Residential, two-family district (RG). (a) Intent. The RG zoning district is intended for development of low and medium density single-family and two-family residential uses. (b) Permitted uses. The uses permitted within the RG zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings, subject to density limitations. (3) Accessory uses as set forth in section 24-151. (4) Two -unit townhouses, subject to density limitations, compliance with article IV, subdivision regulations and section 24-88. (5) Government uses, buildings and facilities. (6) Family day care homes. (7) Community residential homes, small. (c) Uses -by -exception. The following uses may be approved as a use -by -exception within the RG zoning district. (1) Child care facilities. (2) Churches. (3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (4) Schools and community centers. 79 Page 44 of 65 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. Agenda Item #10.A4. 27 Jan 2025 ZVAR24-0015 Request for a variance to Section 24-85(b) to expand a nonconforming structure and Section 24-106(e) to exceed the minimum twenty (20) foot rear yard setback to construct a second story addition over an existing nonconforming structure at 223 Ocean Boulevard. LOCATION 223 Ocean Boulevard APPLICANT Peter Trofimenko DATE November 13, 2024 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Peter Trofimenko, is the owner of 223 Ocean Boulevard. This property is 150 feet wide by 127 feet deep and is located within the Residential, Single -Family (RS -1) zoning district. The lot has three street frontages: Ocean Boulevard to the west, 2°d Street to the south, and Beach Avenue to the east. The front of the house is located on Ocean Boulevard and the detached garage is accessed on Beach Avenue. The request for the variance is associated with the detached garage. In 2003, the property was redeveloped, in which the existing home was demolished and a new single family home was constructed. The existing 2 -car garage was expanded to a 3 -car garage with a variance at the same time. 1 44 263 308 3rd St 151 O 276 m co 264 P- 254 134 715 42 co 27S 240 3 y /61 250 239 t z 2nb St 123 Pictures of Original "Carriage House" from 2003 Variance Application 21 Page 45 of 65 Agenda Item #10.A4. 27 Jan 2025 The vairnace was to reduce the 20 yard setback along Beach Boulevard in order to expand the garage. The approval placed the following condition on the property "The garage structure shall not be converted to a Garage Apartment as sush is defined within Section 24-17 of the Land Development Regulations." The garage is is original to the property and was developed 0.9' from the eastern property line. N 83'50'02' E 128.37' (MEASURED) I LOT 3 8 BLOCK 28 (3) A/C PAM 56.0 Covered breezeway attaching house and garage cc 0.9' setback to east property line LOT 1 BLOCK 28 YASOMIty WALL S 83'48'00' W 127 09' (MEASURED) 127 20' (PLAT) SECOND 3SS STREET ?AZ 03 w: 45 E 0,3 <t In 2003 the plans also connected the detached garage to the house. Per Section 24-151(h), accessory structures shall be at least 5 feet from a principal structure. Since the garage is attached with a covered breezeway, the structure is now considered attached and shall comply with the yard requirements for the principal structure. For through lots that have frontage on Ocean Boulevard and Beach Avenue, the front yard shall be the frontage that faces Ocean Boulevard. The required front yard (Ocean Boulevard) is 20 feet the and the required rear yard (Beach Avenue) is 20 feet. The proposed variance is in the rear yard (Beach Avenue). The applicant is now proposing to expand the second story of the detached garage, which requires two variances. The applicant is requesting a variance from two sections. 1. Section 24-85(b) which states, "No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including without limitation, building setbacks." 2. Section 24-106(e) which states the minimum rear yard setback is 20 feet. A nonconforming legal structure is a structure or building which does not conform to the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to effective date of such land development regulations. Although the northern addition Page 2 of 6 Page 46 of 65 Agenda Item #10.A4. 27 Jan 2025 to the garage was approved through a variance, the structure is still considered legal nonconforming and any additions beyond the scope of the original variance requires a new variance. The variance related to Section 24-106(e) would be to reduce the rear yard setback for the second story from 20 feet to 0.9'. Page 3 of 6 Page 47 of 65 IIw EXISTING GARAGE FLOOR PLAN f e FIRST FLOOR GARAGE DEMOLITION PLAN EEL 1 II e SECOND FLOOR GARAGE DEMOLITION PLAN Agenda Item #10.A4. 27 Jan 2025 PROPOSED GARAGE FLOOR PLAN .. r GAIVAE FIRST FLOOR PLAN aim WAGE SECOND FLOOR PLAN YlIL r. ,w Page 4 of 6 Page 48 of 65 2003 GARAGE ELEVATION (view from Beach Avenue) APE 10P PL AME 7-b. At! VJxDOv RG. G' -G' = r.r. GARAGE 1, Agenda Item #10.A4. 27 Jan 2025 111 11 1 I 11 lE CARRIAGE HOUSE FRONT ELEVATION II .III!1111111111�11 PROPOSED GARAGE ELEVATION (view from Beach Avenue) Ij11.41,1 1[111111111[1111 .)'.w I, , l,y•i`,,rr� • EAST FRONT ELEVATION A2 SCALE:1l4..--- ANALYSIS Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance: Page 5 of 6 Page 49 of 65 Agenda Item #10.A4. 27 Jan 2025 (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after (5) Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR24-0015, request for a variance to Section 24-85(b) and Section 24-106(e), upon fmding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR24-0015, request for a variance to Section 24-85(b) and Section 24-106(e). Page 6 of 6 Page 50 of 65 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Peter Trofimenko Agenda Item #10.A4. 27 Jan 2025 FOR INTERNAL OFFICE USE ONLY PERMIT# ZVAR24-0015 EMAIL petertro365@gmail.com ADDRESS 223 Ocean Blvd. CITY Atlantic Beach PROPERTY LOCATION 223 Ocean Blvd. Atlantic Beach, FL 32233 RE# f 7 CJ t 961 —oe oc BLOCK # L LOT/PARCEL SIZE i9, 17 0 ZONING CODE ES COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION g IA,c✓14- & PHONE# STATE FL ZIP CODE 32233 CELL # 703-244-3091 LOT # Lo-t•S (r 2 , 3 86 IG -yr UTILITY PROVIDER Vi,,,,1 wt2rLw PROVISION FROM WHICH VARIANCE IS REQUESTED £ ES 0 Z 4 - O09,4s 2erne dt( gar*ge - app ty1 4t, rew akel 'ex154-1:10, ab<ove garage. ADu -to n9 Ke,(0.y(3 < 7'6 aad a) t",., w,Is .✓'e.Tis+ ga. bt/a. Homeowner's Association or Architectural Review Committee approval required for the proposed construction D YES [ f NO (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and dejct the Variance that is requested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application 1s scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: One (1) digital copy - additional paper copy is optional. 5. Application fee of $300.00. 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent —,-C-c; V 1 tJ K\ ; a l'`11 SIG TUREOF PPLICANT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME �y DATE Signed and sworn before me on this day of L. Lilt G �w by State of [ iiar' i ( C1 1)- (ik tVb1eP1 k (; County of 1.)t Identification verified: ,t1L Oath Sworn: 0 Yes ❑ No •j 3 _ 19 VARIANCE APPLICATION 08.25.2020 MADISON TAYLOR Notary Public State of Florida Comm# HH174077 Expires 9/9/2025 rG��/f G. t �6,147 ` ('L -G- �,Lt r Notary Signature My Commission expires Page 51 of 65 Agenda Item #1O.A4. 27 Jan 2025 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. ❑ 1. Exceptional topographic conditions of or near the property. ❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. L 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. 21 5. Irregular shape of the property warranting special cconsideration. Loo- is bord;.e -cd en S 5:1144 W C7r, Ci`ii 5-fr 4-j, eKis l -s.1.5 5arexit kc t/a.rcc. l-ieks }o[btOCg{i4IbK� CgMQ- d.rQ G�4in� ir reo^^- ex ls+v "! 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 08.25.2020 Page 52 of 65 Agenda Item #10.A4. 27 Jan 2025 Doc # 2018016249, OR BK 18258 Page 720, Number Pages: 2, Recorded 01/22/2018 02:45 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $19355.00 Prepared by and return tit: Bryan C Goode, III Manager Marsh Landing Title, LLC 320 1st Street North Suite 613 Jacksonville Beach, FL 32250 904-249-0603 File Number: MLT -18-0011 Will Call No.: i Spatx Above This Line lin Recording Data I Warranty Deed This Warranty Deed made this 14th day of January, 2018 between Hugh A. Carithers and Katherine S. Caritbers, husband and wife whose post office address is 223 Ocean Blvd., Atlantic Beach, FL 32233, grantor, and Peter Trofimenko and Anna Trofimenko, husband and wife whose post office address is 3811 14th St. N., Arlington, VA 22201, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the panics to this instrument and the heirs, legal representatives, and assigns of individuaLs, and the successors and assigns of corporations, trusts and trustee) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee`s heirs and assigns forever, the following described land, situate, lying and being in Duval County, Florida to -wit: Lots 1, 2 and 3, Block 28, Atlantic Beach, according to the map or plat thereof, as recorded in Plat Book 5, Page(s) 69, of the Public Records of Duval County, Florida. Parcel Identification Number: 170194-0000 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in feu simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the ]awful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. In Witness Wbereof, grantor has hereunto set grantors hand and seal the day and year first above written. Double rtmea Page 53 of 65 �i eenared by and return to: Bryan C. Goode, III Manager Marsh Landing Title, LLC 320 1st Street North Suite 613 Jacksonville Beach, FL 32250 904-249-0603 File Number: MLT -18-0011 Will Call No.: f Space Above This Line For Recording Datal Warranty Deed Agenda Item #10.A4. 27 Jan 2025 This Warranty Deed made this 19th day of January, 2018 between Hugh A. Carithers and Katherine S. Carithers, husband and wife whose post office address is 223 Ocean Blvd., Atlantic Beach, FL 32233, grantor and Peter Trofimenko and Anna Trofimenko, husband and wife whose post office address is 3811 14th St. N., Arlington, VA 22201, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Duval County, Florida to -wit: Lots 1, 2 and 3, Block 28, Atlantic Beach, according to the map or plat thereof, as recorded in Plat Book 5, Page(s) 69, of the Public Records of Duval County, Florida. Parcel Identification Number: 170194-0000 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubI eTimea Page 54 of 65 Signed, sealed and delivered in our presence: essName: Dianna Smi h State of Florida County of Duval Katherine S. Carithers Agenda Item #10.A4. 27 Jan 2025 The foregoing instrument was acknowledged before me this 19th day of January, 2018 by Hugh A. Carithers and Katherine S. Carithers, who L] are personally known or [X] have produced a driver's license as identification. Notary Public / Printed Name: '"!r` n C. 41 My Commission Expires: [Notary Seal] 4 0'4''.• BRYAN C. GOODE Ill r trli Notary Public - State of Florida JCommission # FF 214963 d` My Comm. Expires Jul 23. 2019 �'¢°.Vio Bonded through National Notary Man. Warranty Deed - Page 2 b ou bl eTim e3 Page 55 of 65 r��ewDo •vum�• RaDw er AS KR • SW If SOL .NA.�L ADRO NA,e MEW. *NO. UI aRAND CEM. T.A. 0- • MAP SHOWING BOUNDARY SURVEY OF 0111"14.E 04ATZAMI V1.170, rasa. 1110 CURRENT PR. RECORDS OF OM. =NTT. FLOWS HUGH A. CAME R1NNG EE NSliINE SLC CARRNERS OLD REPUeUC NATMAL OI011URANCC COMPANY SxI DATE OF ran RUwrn 11 -I0 -201e CERRfICATE P�,D.a eNA OW* . V• AR R. Raton conraucno9 SURVEYS 3141.12 Rey Thompwn SURVEYING, me. tory SUBCSASONS JNOverby, LLC ARCIRTRCTIFES INTERIOR MU. Julianne N. Overby, RA. 2952 PulhaR Street Jacksonville, Florida 52550 904.709.8628 JNO@5JNOVERBV..COM w U Z Ey w En 0 74 M J w 'A• CC 111 Zo O UJ W Yom Zoo w Z • � g LL O 1- 1— DATE DATE ISSVED: OCTOBER 22,2024 NOTE: DO NOT SCALE DRAWINGS. IF PRINTED ON 11"%1T' MEDIAS DRAWING SCALE 15 HALF -SIZED. ARCHITECTURAL SITE PLAN T1 PERMIT SET GENERAL 0E1.101000N NOTE a DEMOLITION MAWR TO DE PERFORMED UNDER D.C. CONTRACT. D.C. TO FIELD VERFY ALL EXIST WO NIKONS E. SURVEY DOTING CONDITIONS OF THE BUILDING TO DETERMINE IF REMOVING ANY ELEMENT MMMT RESULT IN STRUCTURAL DEFICIENCY TO AM PORTION OF THE STRUCTURE OR ADJACENT STRUCTURES. NOT I, THE ARONITECT AND STRUCTURAL EN9NEER MNE.ANY ADOTDNALWOR D FOR NEO ION 'DEFICIENCIES ARE NOTED. L TURN OFF NC OFF NECESSARY FRYER AND UTILITIES KIM TO COMMENCING ANY DEMOITION WORN. a. ITEMS INDICATED TOSE REMOVED SHALL BE REMOVED AND LEDA , OSPOSED OF IN ACCORDANCE WITH APPLICABLE CODES. PROTECT EXISTING ITEMS TO REMAIN. THESE ITEMS TO EE COORDNATED WRH THE OVWER NOH TO AM DEMO WORK a. DEMO AbEEMOVE EXISTNG INTERIOR DOOR I ODOR FRAME/ DOOR SILL I CASNG UNLESS OTHERWISENOTEV atO.NI ON PLAN. 7. CUT NGS NEATLY AND HOES RU MB. SQUARE MAT RUE TO DIMENSIONS RECIARED. USE CUM° METHODS LEAST LMELY TO DAMAGE CONSTRUCTION TO REMAVW00 OR MOWING CONSTRUCTION ANY VIRE EMINGUISHERS TORE REMOVED AND HORDED CONSTRUCTION PETSGN ONLY STORED 9. UBOM THE CONSTRUCTION AREA. TO OOIN SUCH MANNER AS TOWNE MINIMUM. IMUM DISRUPTION TO MODE CITY 1 �NE SLIMNESS MDPARSNG LOT. 11. CODES AND REGULATIONS COMPLY TNM GOVERNING CODES AND REGULATIONS. 17. USE EXPERIENCED WORMERS. 19. OCCUPANCY IMMEDIATE MEAS OF WORN MAY BEOCCUPIED DURING DEMOLITION BY THE DESIGNATEDHOME OWNERS. le DEMOLISH IMPROVEMENTS M NECESSARY TO IMPLEMENT RENOVATION RAN. 1S. IMPLEMENT POLLUTION CONTROL WANG BIDDING DEMOTION. t4HAZARDOUS MATERIALS: 10HARARPOUS MATERS ARE NOT En THEY WILL RE REMOVED UNDER SEPARATE COMPACT. NOTIFY ONHERF HAZARCW6 MATERIAL IS DISCOVERED TO BE PRESENT, DOROTDAMAGE BUILD. BENEFITS AND IMPROVEMENTS INDICATE°TORENAN ITEM SALVAGE VALUE. NOT SPECIFIED ITEMS TO BE RETURNED TO CARER SHALL BE REMOVED SO' FROM STRUCTURE. STORAGE OR SALE OF TEMSIS FRORBTEO. 1. VOL RIES LOCATE IDENTIFY, DISCONNECT, MD SEAL OR GAP OFF UTILMESlN MEAS TO BE 10. SHORING AND BRACING PROVE. AND MAINTAIN INTERIOR ANC EXTERIOR SNORING AND 20 PEO SPACES, REQUIRED.0 NOT CLOSE OR OBSTRUCT STREET VW.tA WTRVES. PARER .* PERMIsswJDOF THEOWNEERR ANDTNNE AMCROCCUOCCEmes HAVING JURISOICTIOR CIOONOT WERRUFT IITILRES SERVO. OCCUPIED OR USED FACILITIES HDI/WRRTEN PENIN%SIN OF TIE OWNER AND AUTHORITIES HAVING JURISDICTION. FNECESSARY, PROVIDE TERMINI'S MIMES. SI. RESTORATION RESTORE FINISHES OF PATCHED AREAS. v UQ fD u1 0 —h O1 Ln aeMaua ewerFm--� AEmoVEDOSIIMO COOR MOVE rmT I 5061.40 A�4] r= D AaITA MgZ 0. FIRST FLOOR GARAGE DEMOLITION PLAN EWE Of i t Uri IL L L__ SECOND FLOOR GARAGE DEMOLITION PLAN JNOverby, LLC ARCININCIINS• INTERIOR DESIGN Julianne N. Overby, ILA 2452 Pullian Skeet Jacksonville, Florida 32550 904.70443628 JNO@JNOVERBP.COM W U W N o,^ CN1 1 >, W J- CL m = 0 W W zoo m o W NF 2Nz J LL O H DATE ISSUED: OCTOBER 222024 NOTE: DO NOT SCALE DRAWNGS. IF PRINTED ON 11.X17" MEDIA. DRAWING SCALE IS HALF -SIZED. GARAGE DEMOLITION PLANS D1 PERMIT SET GENERAL NOTES: 1. ALL WORK TO BECOME „L,.TE"S FLORIDADOGDER SMALL OTHER APPLICABLENATIONAL, MOST RECENT 2 VERIFY RL EXIST. CONDIT.. ANO DEASUREUENTS IN FEL I/ PRIOR TO CONSTRUCTION. VERIFY DIMING TO BTUHILUDEMRS REPT BEFORE CONSTRUCTION PROCEDE.. [f3SHALL 0E GOMMWGATEDIN ETHAT DO DNBTRDTAGODROANCEWITHRE 4TEST EDITED OP ALL APRUCABLE CONSTRUCTION STANOARDS. ALL 01.25SIONS ARE TO F.E OF CRYWALL OR CENTERUHE Of STRUCTURE UNLESS ODE.. NOTED . FLOOR PENETRATIONS TO SE WATERPROOFED. B. A]LNNERA]R WALLS TO SE MOO STUDS UPLEESOTHERNSE NOTED 2 DREW G.C. 55 TO PROMS. TYPE 'N GYP. 00. FM. A RATED ASSIBABLY.1. TYPED' B %MIRED TOGO SENEATS THE SM.:RANG AND FINISHED S. MERNM DOORS ARE TO RE S OFF PERPEN OULAR WALLS ULESS OTHERWISE NOTED O. IT IS DE MILDEWS RESPONSIBILITY TO ASSURE THAT ALL NANUF.TURED ARTICLES, MATER. AND EgAPMENF ARE APR..INSTALLED, CD/REC..ECFED, USFO, CLEANED, AMSTED, OPERATED APO COWITRNED AS DIRECTED BY THE MANUFACTURERS. DRESS HEREIN SPECIP. TO THE CONTRARY. &BOER SHALL FOLLOW ALL NSTRUCTENR TO SUSTAIN AND PRESERVE ALL EXPRESSED GUARANTEES.OR NIPL ED WARRANTIES AND 10. R B THE BULGERS RESPONSIBIL ITT TO CHECK. ALL PLAN DMEN*Id+5A DEFJLS FOR OVERALL ACWRACY APPROPRIATE TO THE SITE MAL SELECT,. OF MASONRY, FLOOR JOISTS, LUMBER, STRUCTURAL .ERS, VENEER, ROOFING. ETC. 11. SUBSTITUTES OR SPECIFIC MATERIALS. MANUFACTURERS SHORN ON THESE PANS MAYBE OFFERED. BUT MUST REAPPROVED WARM. Y THE ARCHITECT AND OWER PRIM TO PROCURING ti RESPO.SBLGYM THE GC N.B. BUT ISNOT UNITED TO. PROPER INSTAUATIONOF MATERMLL NAILS. GLUING, CAULKING. ITEMS M DETAILS NOT NECESSARILY INSULATING. ON ROOTHEP REATUERPRDMIxCaAary OTHER SMALL 11 THESE PLANS ARE NOT INTENDED ORE CONROE N ALL OVALS M WEATHEXFROGFRO. USE OF AVME, OF DIFFERENT MATERIALS CAN CHANGE DETALS. ADDDARALLY, VARYING CODES. REG./FM% FOUNDATION REOUREMENTS, ELECTRIC. AND MECHANICAL PANS CAN CNANGETHESE FURNITURE TO BE COORDINATED. NSTMLED AND SCHEDULED BY G.C. NO THE OWNER 15. ALL IONDIEN APPLIANCES NSTAUED TORE COdOR O. ANO SCHEOUED BY D.0 IR OSCHEDULE M COORONATE THE INSTALLATION M OIMER PROVIDED ITEMS, INCLUDING, BUT NOT LNRED TO. FURNITURE. AUDIONDEO SYSTEMS, UQ rD L11 00 0 —h Ln NOTE: THESE DETAILS USED FOR DOORS d WINDOW. ALL FLASHING TO MEET PBC 80091.1. R005.2.0. d 11703S AND INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. BUILDING CODE SUMMARY CODE ENFORCEMENT JURISDICTION: CRT OF ATLANTIC BEACH FLORIDA BUILDING CODE • STM EDITION OCCUPANCY CLASSIFCATON:REEIDENTNL(R4) CONSTRUCTION WPC TYPE VA MOOD mune) SPRINKLED: ND E DISTRICT: NO PROVIDE INSOATTON PER CODE ROBIN CEILING. R.19IN WALLS WORN AREA. NEW SECOND FLOOR LMNO SPACE EXPM01011 ABOVE EXISTING GARAGE NEW COVERED ROOF GREAT EXISTING WALKWAY MEM cs GARAGE FIRST FLOOR PLAN JNOverby, 'LC ADC/GT.1DRR • INTRDOR 12.0N Julianne N. Overby, RA. 2452 Pul Tan Street Jukunvi0e, Florida 32550 904.701.8628 JNO JNO VRERBS• V..COM L L._ HaEL1 iaLP GARAGE SECOND FLOOR PLAN DATE ISSUED: 060005R22,2024 NOTE: DO NOT SCALE DRAWINGS. IF PRINTED ON 1 VX17" MEDIA, DRAWING SCALE 13 HALF -SIZED. RENOVATION GARAGE PLANS Al PERMIT SET -4 taim SIDE ELEVATION /71 NORTH SIDE ELEVATION EAR:VRONT ELEVATION SOUTH SIDE ELEVATION SIMI 10,1, j .m",_,=-2PRIg. I Tir-eff§czre ErtrzE*12:- "T- T '11;1LLLLk uj ....„JJLki_ 7 2:r=222ZZa-;' E ifr# t *if5AM' ‘13§,11 r QMAVEAR ELEVATION JNOverby, LLC AltairrEGIVP.B• INIE10011 DIMON Julianne N. Ovezby, R.A. 2452 Pullin Street Jacksonville, Florida 32550 00+70+8628 JNOWNOVERSY.COM PL. rantiP) • PI. ID.21 O 'A —rn > LL1 u - Q c1 z o i'1• 5 rfJ o zw g- o 0 N U— • < DATE ISSUED: OCTOBER 202024 NOTE: DO NOT SCALE DRAWINGS. IF PRINTED ON lioxir MEDIA. DRAINING SCALE IS HALF -SIZED. NEW GARAGE EXTERIOR ELEVATIONS A2 PERMIT SET ASPHALT SHINGLE ROOF ON ISAROOFlHG FELT OVER 1116' EM. SHFATIING KULMP EDGE W/ MGM GIME SYSIEM 01/81 DAM O. lA MTAU - MUMMA WNH 17' OSBS*414INGMANED IN WATFANOORHG IMMUNE r AO GIP, NEW BRIO( VENEER M6NTO IWTVH EOM . PROVE/HMV. 011REG131 MITTS IV 0.GVf111UL\ 12'O.0 HMROMAL THRGWALL UMW SETH WM. BED OF ...WI' WEEP HOLE 0 M' 0.G (MICAI KU LEDGE GS 6/RUMWR VAULTED 1Pb&GI MTID MISSES SSES Vry AAI[ SPAR 4 b19061.1IAT011 1R' at OOMD - -LUINSUMMN kIDTMG AARFAS O-111111ULATRN 1014131 ROOM ▪ VC 4TP.IOIA0 413IMAlNM eonaIMA1E •CARNE FLOOR r— NEW ROOF SECTION STAIR DETAIL MOE MM./COMM, WNW /1.0110.1RON BELOW FDA 11:10FlOOli I L�J O NEW WALL SECTION ® GARAGE ROOF PLAN JNOverby, LLC ARCMITEGIVA6 ANTERIOR DESIGN Julianne N. Overby, A.A. 2052 Pu1Gan Sneet Jacksonville, Florida 72550 904.704.8628 JNO(d,JNOVERBY.COM W 0 Z M W I� f rNi y/'� LI] m LL Z 0 0co ww z Lil N Z 12 Na LL 0 DATE ISSUED: OCTOBER 22,2024 NOTE: DO NOT SCALE DRAW4NGS. IF PRINTED ON 11"X17" MEDIA, ORAWNG SCALE IS HALF -SIZED. NEW GARAGE ROOF PLAN, SECTIONS & DETAIL A3 PERMIT SET ELECTRICAL LAYOUT PLAN MOTES: 1. VERIFY ALL E0STI110 CONORIONS. 3. CONTRACTOR TO COORDINATE LIGHT FIXTURE LOCATIONS. ANY DISCREPANCIES SHALL BE COMMUNICATED TO THE ARCHITECT BEFORE CONSTRUCTION PROCEEDS FOR COORDINATION. 3. LIGHT FIXTURES SHALL BE LOCATED AS CLOSELY AS POSSIBLE TO LOCATIONS SHOWN ON THIS PLAN. 4. FIXTURES SHALL ALIGN NIGH OR CENTER ON EACH OTHER OR WITH ADJACENT ARCHITECTURAL ELEMENTS. 5. COORDINATE LOCATION OF LIMIT FIXTURES NRH HOAC DRILLS SO THAT THEY ALAN NRH OR ARE SYMMETRICAL KITH EACH OTHER WHERE THERE MAY BE CONFLICTS. 8. GRILLS d REGISTERS SHALL BE BLOCKED A4 REOUNXED SO THAT THEY CAN AARON WITH LIONT FUTURES. T. LIGHT FIXTURE d SNITCH LOCATIONS SHALL BE RENEWED d APPROVED BY OWNER OR DESIGNER BEFORE INSTALLATION OF SHEET ROCK OR OTHER WALL a SEIINM FINISHES. . SWITCHES SHALL BE LOCATED ADJACENT TO. BUT NOT INTERS wows DOOR CASINO OR TRIM. S. GROUPED SNRCNES SNAIL BE GANGED TIGHT TOGETHER d SHALL BE COVERED NRH A SINGLE PLATE DESIGNED FOR THAT PURPOSE, 10. SWITCHES SHALL TYPICALLY BE MOUNTEDae'AF.F. TO CENTER OF THE SNITCH. 11. SUPPORT ALL FIXTURES FROM STRUCTURE OF BUILDING. REFER TO STRUCTURAL SHEETS FOR SPECIFIC DETAILS AS REQUIRED FOR SPECIALTY FIXTURES. 12. VERIFY DEVICE d PLATE COLORS NMTN OWNER OR DESIGNER. 13. VERIFY1I0NTIH0 TYPE d SLMTCHINO. la. FLUORESCENT LAMM SHALL BE 'WARM WHITE DELUXE' UNLESS OTHERWISE NOTED OR SPECIFIED ON THE SCHEDULE 15. ALL LIGHT BULBS SHALL BE DIMMABLE COMPACT FLUORESCENT OR LED BULBS UNLESS O. ERNISE NOTED. Id COORDINATE THERMOSTAT AIA DOORBELL LOCATIONS WITHTMnER. ELECTRICAL LEGEND ▪ W1C OVXEXO 10? =OWLET • 2.211.411.220011.32 4,64. 12114E071243 DOERDR.X' IR.TMTE � MM,YaWTµ [ ® m0017Tw1€OOTI o- .) UQ f0 0 — h O1 Ln 1 CLEF 091w11LE121022 TAT 32M0E. 2. 21401.2222211.1422 FIR2 COOL 3. 2043.22,21222X02.11112122104 4. d,:E,E aLMil,ga2„2430121.431222 PROMO 212312.6. 1312.319001232211OBEPRON020 BY2, 22222241.2222212620221/420002021.2VON LOUT Ed1101102 NEE MORE, MHPP. WITZIDBx 2 ER sero oEcFRIneD MOOR MES ® STrLOOR ELECTRICAL LAYOUT PLAN CBSECOND FLOOR ELECTRICAL LAYOUT PLAN NAL ON JNOverby, r LC ,NEa0De N. Overby, RA. 2452 Ruffian Swett Jacksonville. Florida 32550 904.704.8628 JNO@JNOVERBY.COM FL .2130017020 • FL [MOO DATE ISSUED: OCTOBER22,2024 NOTE: DO NOT SCALE DRANANGS. IF PRINTED ON 11"Xl7. MEDIA ORA5MNG SCALE IS HALF52ED. ELECTRICAL LAYOUT PLANS A4 PERMIT SET Present: MINUTES Community Development Board (CDB) Meeting Tuesday, November 19, 2024 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Kirk Hansen, Chair Angela Farford, Member Harold Gear, Member Richard Arthur, Member Ellen Golombek, Vice Chair Jeff Haynie, Member Gregory (Greg) Beliles, Alternate Member Absent: Jennifer Lagner, Member Also Present: Agenda Item #10.A4. 27 Jan 2025 Amanda Askew, Planning & Community Development Dir. (PCDD) Abrielle Genest, Principal Planner Valerie Jones, Recording Clerk Phillip Faires, Acting City Attorney 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 October 15, 2024 regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 339 llth Street ZVAR24-0014 (Rockaway, Inc.) Request for a variance from Section 23-33(f)(2)(c) to reduce the minimum on-site Designated Maritime Species replacement at 339 1 lth Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if Staff had a conversation with the applicant about ways to alter the design and save the trees. Planner Genest said the option was presented to the applicant, but they chose to go the variance route. Chair Hansen asked if Staff had a disagreement with the applicant regarding whether a variance was needed or not. Planner Genest said there was no disagreement. Ms. Golombek asked if the removal of the live oak was Community Development Board (CDB) November 19, 2024 Page 1 of 4 Page 62 of 65 Agenda Item #10.A4. 27 Jan 2025 being replaced with palms. Planner Genest said the applicant is proposing to replace them with 3 10" live oaks. APPLICANT REPORT: Kathleen Burson introduced herself as the landscape architect with Rockaway Sustainable Landscaping. She gave a booklet presentation to the Community Development Board and explained that they were proposing to remove 3 live oaks totaling 147 inches and replace them with 3 live oaks that would be 10 inches each. Ms. Burson said the existing single story -home would be demolished and replaced with a 2 -story home. She said they were preserving 11 sabal palms. Ms. Burson said the roots of one of the existing live oaks is too close to the foundation. She said they would plant larger oaks, but it would take 2-3 growing seasons for the roots to get established. Ms. Burson disagreed with the way the City did their calculations stating that the cross-section measurement was much smaller. Tom Boniecki introduced himself as the general contractor. He said there are over 16 trees over 10' on the property. Mr. Boniecki said due to the size of the lot there isn't much room for additional trees. He said that the roots of the trees are under the foundation becoming a structural liability. Ms. Golombek asked if the roots were coming up through the foundation. Mr. Boniecki said they are cracking the foundation and raising the dirt up on the side of the house. Mr. Gear asked if the applicant could do 3 12" trees. Ms. Burson said they would like to do 10" trees because if they were to fall it would a lot less impact. Dr. William Carriere, the property owner, said he is a tree lover but everyone he talked to said the trees would die if they cut down through the roots to do a deeper foundation for a 2 -story home. Director Askew said the variance request cannot include how the trees are measured because this is a different section of the Code, and it was not included with the legal advertisement. She said that if the applicant wanted to challenge the way the trees are measured then that would be a different process that would go before the Environmental Stewardship Committee. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Joe O'Conor of 350 11th Street introduced himself as a neighbor. He talked about all of the trees that have been cut down in his neighborhood while hearing about protecting the tree canopy. Mr. O'Conor was not in favor of the approval of this request. Anastasia Houston introduced herself as representing the Environmental Stewardship Committee. She said the ESC voted unanimously to ask the CDB to reject the approval of this variance request. Ms. Houston relayed that the ESC didn't see any grounds for approval according to the grounds for decision. BOARD DISCUSSION: Ms. Golombek asked if Staff approved the removal and replacement of the palms. Planner Genest said there wasn't an approved mitigation but what the applicant was proposing regarding the palms is acceptable. Ms. Golombek didn't realize you could plant on your neighbor's property. Planner Genest said there is Community Development Board (CDB) November 19, 2024 Page 2 of 4 Page 63 of 65 Agenda Item #10.A4. 27 Jan 2025 a provision in the Code as long as you have written consent from that neighbor. Mr. Arthur asked for confirmation on whether the request was just for the 13.5 inches on the oak. Planner Genest confirmed it was. MOTION: To DENY ZVAR24-0014 due to the request not meeting any of the grounds for approval Motion: Jeff Haynie Second: Ellen Golombek Kirk Hansen For Angela Farford For Harold Gear Against Richard Arthur For Ellen Golombek (Seconded By) For Jeff Haynie (Moved By) For Gregory (Greg) Beliles For Motion passed 6 to 1. B. 223 Ocean Boulevard ZVAR24-0015 (Peter Trofimenko) Request for a variance to Section 24-85(b) to expand a nonconforming structure and Section 24-106(e) to exceed the minimum twenty (20) foot rear yard setback to construct a second story addition over an existing nonconforming structure at 223 Ocean Boulevard. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the applicant was asking for exactly what the prior variance condition said to not do. Director Askew said that was correct. Mr. Arthur asked it this was the same request that was asked for in 2003. Director Askew said in 2003 the request for a variance for the northern portion of the garage was to expand a non -conforming structure but keep it at one level. She said the current request would encroach into the setback since it is now connected with a breezeway which requires a 20 feet rear yard setback. Mr. Arthur asked about the definition of a garage apartment now that it is connected. Director Askew said it is no longer considered a detached garage apartment because it is connected to the primary structure. She said detached 2 -story garage apartments are limited to 600 square feet and have to be accessed by a driveway, can't exceed 25 feet in height, they have to be 20 feet from the front and 10 feet from the rear and 20 feet from the principal structure. However, this garage is connected to the principal structure, so it requires a 20 foot setback. APPLICANT REPORT: Mr. Trofimenko introduced himself as the applicant and property owner. He said his parents currently live in the garage apartment. Mr. Trofimenko said that the sloped roof makes it difficult to stand up, so they are trying to correct that. Community Development Board (CDB) November 19, 2024 Page 3 of 4 Page 64 of 65 To DENY ZVAR24-0015 due to the request not meeting any of the grounds for Agenda Item #10.A4. 27 Jan 2025 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Gear compared the request to a previous request where the applicant had to shrink the second story to meet the setback requirement. Mr. Beliles asked since there is already an existing footprint are they allowed to expand. Director Askew said yes but the new portion would need to meet the current setbacks. Mr. Haynie said he didn't see any grounds for approval. MOTION: approval. Motion: Jeff Haynie Second: Gregory (Greg) Beliles Kirk Hansen For Angela Farford Against Harold Gear For Richard Arthur Against Ellen Golombek For Jeff Haynie (Moved By) For Gregory (Greg) Beliles (Seconded By) For Motion passed 5 to 2. 5. REPORTS Director Askew encouraged the Board to fill out the survey for the Community Action Plan that was sent to them in an email. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:56 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) November 19, 2024 Page 4 of 4 Page 65 of 65