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5-20-25 CDB Adopted MinutesMINUTES Community Development Board (CDB) Meeting lip Tuesday, May 20, 2025 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Kirk Hansen, Chair Ellen Golombek, Vice Chair Jennifer Lagner, Member Angela Farford, Member Harold Gear, Member Richard Arthur, Member Jeff Haynie, Member Absent: Gregory (Greg) Beliles, Alternate Member Also Present: Amanda Askew, Neighborhoods Department Dir. (NDD) Abrielle Genest, Principal Planner Valerie Jones, Recording Clerk Robert Graham, City Attorney (CA) 1. CALL TO ORDER AND ROLL CALL Chair Hansen called the meeting to order at 6:00 p.m. Mr. Haynie was late for the meeting and arrived at 6:30 p.m. 2. APPROVAL OF MINUTES A. Approve minutes of the April 15, 2025 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 324 Aquatic Drive ZVAR25-0009 (Michelle Meeker) Request for a variance to Section 24-82(b)(1) to exceed the maximum four (4) foot rear yard projection and Section 24-81(c) to allow construction of a covered porch within an easement at 324 Aquatic Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Michelle Meeker introduced herself as the owner of the property. She said that all she wanted to do was replace it like -for -like. She said she had a representative that was going to speak on her behalf. Community Development Board (CDB) May 20, 2025 Page 1 of 8 Michael Herzberg introduced himself. He referred. to a handout that the Board had. Mr. Herzberg said that the screen structure was already there when Ms. Meeker purchased the property in 2018. He pointed out how there were four structures that encroach into the setback and that there isn't any documented permit history for her home. Mr. Herzberg explained how the home has an excessively large front yard setback at 42 -feet and only a 1 -foot rear yard setback creating an unreasonable limitation on any construction. He said that Ms. Meeker is proposing to tear down an existing unpermitted improvement made by the previous owner and replace it with a newer one. He said in regard to Public Works concerns this would not further create an encroachment into that and there would still be ample room to work in. Mr. Arthur asked about the side of the house since it looks like it's encroaching into the setback. Mr. Herzberg said it does encroach and would continue to encroach even if the variance isn't granted. Chair Hansen asked Planner Genest to elaborate on Public Works concerns. Planner Genest said the area has had flooding in the past, so the ditch needs to be maintained so they need access through that easement. She confirmed for Ms. Lagner that the applicant is only replacing what is currently there. Planner Genest also confirmed for Mr. Arthur that the small section that projects out on the survey was in the original plans along with the 8x 11 patio according to the survey. BOARD DISCUSSION: Mr. Gear said he went and looked over the fence and saw the existing encroachment but since the applicant isn't going past that it wouldn't be an issue. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Ms. Lagner agreed. MOTION: To APPROVE ZVAR25-0009 based on condition #2 "Surrounding conditions or circumstances impacting the property disparately from nearby properties". Motion: Harold Gear Second: Jennifer Lagner Kirk Hansen For Ellen Golombek For Jennifer Lagner (Seconded By) For Angela Farford For Harold Gear (Moved By) For Richard Arthur For Motion passed 6 to 0. Community Development Board (CDB) May 20, 2025 Page 2 of 8 B. 1025 and 1039 Beach Avenue ZVAR25-0010 and ZVAR25-0011 (Nathan Bussey) Request for a variance to Section 24-108(e)(3)(a) to reduce the minimum side yard setbacks on each side of the proposed single-family homes at 1025 Beach Avenue and 1039 Beach Avenue. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Farford asked if the City had minimum structure width requirements. Director Askew said they did not. She said the applicant had one year after the fire to build back to previous setback and density APPLICANT REPORT: Nathan Bussey of BuildPath Construction Advisors introduced himself as representing the owners. He said the proposed plan was to build back a structure that was 22 1/2 feet wide with 1,700 square feet per lot on the footprint which would be what is intended for the area and the charm of the neighborhood. Mr. Bussey said that the applicants are restricted by what can be built and still have value to their properties that they've owned for 20 plus years. He said the medium density zoning conflicts with the land use as to what the applicant can build back. Chair Hansen asked if the owners today are the same owners that were there when there was a fire. Mr. Bussey said yes, they are the same owners. Mr. Bussey said that it has been listed as one lot assembled together with a large structure with 3 different realtors and hasn't had an offer showing that it isn't what the market wants. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. He read a letter from Howard Loft who was not in favor of approving this request. Nathan Gray introduced himself as working on behalf of the owners. He explained that these 2 lots are very standard for ocean front lots between 10th Street and 16th Street which currently have 2- and 3 -foot setbacks. Mr. Gray said that regulations have made these parcels effectively unusable. He said it is difficult to tell an owner they can build a 15 -foot -wide house that would be less than a builder grade townhome which is 16 -foot wide. Mr. Gray said he understands the concerns about fires but there are many homes in neighborhood that have even smaller setbacks. Terrie Bradshaw of 75 l Oth Street introduced herself and said the fire did a lot of damage to her home and does not support the approval of this request. Bill Taylor of 95 10th Street introduced himself. He had questions about the L-shaped lot, could it be built on and would the variance be a normal variance or a 3 -foot variance? Scott Cairns introduced himself and said he and family members own 4 of the townhouses. He said he wants the lots developed and said the standard 5 -foot setback would be fine. Mr. Cairns was not opposed to the variance. Community Development Board (CDB) May 20, 2025 Page 3 of 8 Deborah Oken of 1073 Beach Avenue said she has a 100 -year-old house on a 30 -foot lot, and it touches the boundaries on one side. She said the variance request was a reasonable request. BOARD DISCUSSION: Ms. Golombek asked Director Askew if they could build townhomes. Director Askew said yes, the zoning district does allow townhomes so they could have a shared wall, but the difficulty is when you have 2 different property owners. Mr. Arthur asked which lot was 33 feet wide. Director Askew had the applicant return to the podium. Mr. Bussey said that 1025 Beach was the 33 feet wide lot. He said that he didn't think townhomes would be the highest and best thing to build fitting the charm of the neighborhood. Mr. Bussey said that they could use the additional 3 feet on the south setback by the condos. Mr. Gear said that if the applicants agreed to build townhouses, then they would meet the setbacks. Chair Hansen said that since the applicants had I year to apply to build back to what they had before but didn't and the concerns of the neighbors he couldn't support this request. He thought that the owners should get together and figure out a deal between the two of them. Ms. Farford agreed and was concerned about the closeness of the structures. Mr. Arthur said he was leery of suggesting that any applicant can get with their neighbors and come up with a new plan. Chair Hansen said he is just suggesting combination of the lots as a possible solution. Nathan Gray said that suggesting townhomes to the applicants the Board is forcing them to get into a partnership agreement which is what they are doing right now. He said they have been trying to sell the properties as one for 18 months. Mr. Gray said surrounding properties are selling for $7.5 million and the maximum sale for condos and townhomes would be $1.5 million. He said that what they are suggesting for setbacks is larger than the setbacks were before. MOTION: To DENY ZVAR25-0010 due to it not meeting any of the criteria. Motion: Jennifer Lagner Second: Angela Farford Kirk Hansen For Ellen Golombek For Jennifer Lagner (Moved By) For Angela Farford (Seconded By) For Harold Gear For Richard Arthur For Motion passed 6 to 0. Community Development Board (CDB) May 20, 2025 Page 4 of 8 MOTION: To DENY ZVAR25-0011 due to it not meeting any of the criteria. Motion: Harold Gear Second. Angela Farford Kirk Hansen For Ellen Golombek For Jennifer Lagner For Angela Farford (Seconded By) For Harold Gear (Moved By) For Richard Arthur For Motion passed 6 to 0. C. 310 Mayport Road COMP25-0001 and REZN25-0001 (Randall Whitfield) Request is for a Future Land Use Map (FLUM) amendment to change the future land use map designation of the western 70 feet 310 Mayport Road (RE# 170736-0000) FROM Residential Medium Density (RM) TO Commercial (CM). Also, a request for a rezoning of the same property at 310 Mayport Road (RE# 170736-0000) FROM Residential, General, Two -Family (RG) TO Commercial, General (CG). STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Director Askew reminded the Board that this would be a recommendation to the City Commission and would go before them at the June 23rd meeting. Mr. Arthur asked that since they have a variance to tear down and build back storage would they have to get approval again on this one lot. Director Askew said that since they are putting parking on this lot they wouldn't have to. APPLICANT REPORT: Michael Traynor, an attorney with Orr Cook, office at 818 AIA North. He said he was representing Randall Whitfield. Mr. Traynor said they plan to make the access to the property on 3rd Street West instead of Mayport Road making it safer to enter. He said the front would be landscaped making it more attractive. Mr. Arthur asked why all of this couldn't be done with the existing 415 by 102 -foot area that is zoned CG already. Mr. Traynor said that they want to get the entrance off of Mayport Road and put the parking in the rear. He added that it would also put all of the property under the same zoning. A design board was presented showing the landscaping and fencing. In response to a question from Mr. Arthur, Director Askew went over the considerations listed on page 94-95 of the agenda packet. Ms. Golombek said that she liked the idea of eliminating the multiple entrances off of 3rd Street West and only having one. BOARD DISCUSSION: Ms. Golombek asked if the Board can put conditions on this request. Director Askew said they cannot. Community Development Board (CDB) May 20, 2025 Page 5 of 8 MOTION. To recommend APPROVAL of COMP25-0001 and REZN25-0001 to the City Commission. Motion: Ellen Golombek Second. Harold Gear Mr. Haynie said he doesn't see how it is consistent with the Comprehensive Plan and pointed to page 94 of the agenda packet where Director Askew had laid out some of the relevant policies. He said the plan is telling them that there is not a goal of adding commercial property to this area and if commercial property is added the plan is saying it will not be for this use. Chair Hansen said that it is already storage units and that's not going away. Mr. Haynie said he thought it was awkward to add commercial general to that neighborhood on one lot. Mr. Arthur said they could just put the parking on the existing commercial general lots. He said he was concerned about the expansion of a carve out when what they want to do can be done on site. Ms. Lagner said she wasn't in favor of this. Mr. Gear said there is a similar carve out a couple of streets over. Kirk Hansen Against Ellen Golombek (Moved By) For Jennifer Lagner Against Angela Farford For Harold Gear (Seconded By) For Richard Arthur Against Jeff Haynie Against Motion failed 3 to 4. MOTION. To recommend DENIAL of COMP25-0001 and REZN25-0001 to the City Commission due to it not being consistent with the Comprehensive Plan. Motion: Jeff Haynie Second. Jennifer Lagner Kirk Hansen For Ellen Golombek Against Jennifer Lagner (Seconded By) For Angela Farford Against Harold Gear Against Richard Arthur For Jeff Haynie (Moved By) For Motion passed 4 to 3. Community Development Board (CDB) May 20, 2025 Page 6 of 8 5. REPORTS A. 400 square foot trigger for Stormwater The Board discussed this topic and decided to have this trigger removed from the Code MOTION: To recommend the amendment of Section 24-89 to strike paragraph C 1. Motion: Harold Gear Second. Jennifer Lagner Director Askew went over the explanation of the paragraph explaining that the trigger for on- site stormwater storage was for the addition of 400 square feet even if you are under the 45% pervious ratio. She said this also applies to new builds. Mr. Arthur said that it doesn't make sense to apply this to lots that are under their 45% pervious ratio. He said it puts burden on the residents and their property rights. Kirk Hansen For Ellen Golombek Against Jennifer Lagner (Seconded By) For Angela Farford For Harold Gear (Moved By) For Richard Arthur For Jeff Haynie For Motion passed 6 to 1. B. Shared Parking Director Askew explained in detail how the Shared Parking is addressed in the Code. Chair Hansen said it appears there's a quirk in the code because the on-site parking in some cases doesn't count toward the requirement. Director Askew explained that the site Chair Hansen was referring to didn't have enough on-site parking to share. She said you have to have the required parking for your required uses whether you are open from 8- 10 a.m. or 24 hours. Chair Hansen said they should be able to have a shared parking agreement with the building they are in. Mr. Gear said there would have to be a legal agreement. Mr. Arthur wondered how Staff would differentiate between when a business is closed and when that space could be counted toward on-site parking. Mr. Haynie suggested they keep the 400 feet requirement since that can be handled with a variance. Ms. Golombek agreed. MOTION: To recommend to the City Commission that shared parking Section 24-161 be amended to allow for allocation of on-site parking based on hours of operation of shared tenants. Motion: Harold Gear Second: Jennifer Lagner Community Development Board (CDB) May 20, 2025 Page 7 of 8 6. 7. Attest: Kirk Hansen For Ellen Golombek For Jennifer Lagner (Seconded By) For Angela Farford For Harold Gear (Moved By) For Richard Arthur For Jeff Haynie For Motion passed 7 to 0. PUBLIC COMMENT There were no public comments. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:45 p.m. Kirk Hansen, Chair Community Development Board (CDB) May 20, 2025 Page 8 of 8