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11-19-24 CDB Adopted MinutesMINUTES A"k Community Development Board (CDB) Meeting Tuesday, November 19, 2024 - 6:00 PM . City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: 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: 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. Ch a WAV .1 1 IM I a 3mi A. 33911th 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 11th 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 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 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 Ar) 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 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: To DENY ZVAR24-0015 due to the request not meeting any of the grounds for approval. Motion: Jeff Haynie Second: Gregory (Greg) Beliles Kirk Hansen Angela Farford Harold Gear Richard Arthur Ellen Golombek Jeff Haynie (Moved By) Gregory (Greg) Beliles (Seconded By) Motion passed S to 2. 5. REPORTS 6. 7. Attest: For Against For Against For For For Director Askew encouraged the Board to fill out the survey for the Community Action Plan that was sent to them in an email. PUBLIC COMMENT There were no public comments. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:56 p.m. Kirk Hansen, Chair Community Development Board (('DB) November 19, 2023 Page 4 of 4