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10-21-25 CDB Adopted MinutesPresent: MINUTES Community Development Board (CDB) Meeting Tuesday, October 21, 2025 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Kirk Hansen, Chair Angela Farford, Member Richard Arthur, Member Jeff Haynie, Member Absent: Ellen Golombek, Vice Chair Jennifer Lagner, Member Harold Gear, Member Also Present: Amanda Askew, Neighborhoods Department Dir. (NDD) Valerie Jones, Recording Clerk Rob Graham, City Attorney (CA) Kevin Auster, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:20 p.m. by Chair Hansen after board member Angela Farford arrived from another meeting to establish a quorum. Director Askew warned attendees about a sophisticated scam where people were receiving legitimate -looking emails from what appeared to be the city requesting fees. "Do not pay that fee. It is not true," she emphasized, explaining that while the emails contained accurate addresses and case numbers, the only way to identify them as fraudulent was that the email address didn't track to the city. She advised anyone receiving such emails to call and verify before paying any fees. 2. APPROVAL OF MINUTES A. Approve minutes of the September 16, 2025 regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS A. 740 Sherry Drive ZVAR25-0021 (Mako Development Group) VARIANCE IS NO LONGER NEEDED Request for a variance from Section 24-89(c)(1) to waive the on-site stormwater requirement for new home construction on 740 Sherry Drive. Director Askew explained that on October 13, 2025, the City Commission approved a second reading of an ordinance that changed the stormwater requirements. The ordinance now states: "development that results in more than 35 percent impervious lot coverage Community Development Board (CDB) October 21, 2025 Page 1 of 8 shall be required to provide on-site stormwater storage for the entire impervious surface area. Projects that result in less than 400 square feet of additional impervious surface area shall be exempt from the requirement provided that the total lot coverage remains within the applicable zoning district." Since 740 Sherry Drive has less than 35 percent lot coverage, a variance for stormwater is no longer needed. During public comment, Sarah Boren, who lives near the property, expressed concern about the overall dynamic of increased water runoff. She noted that where there used to be one house, now there are two houses with more impervious surface, and "the runoff is going to go into our wetlands and into Howell Park that already floods." 4. NEW BUSINESS A. 320 9th Street ZVAR25-0020 (Debbi Roberts) Request for a variance to Section 24-85(b)(4) to expand an existing nonconforming use of land, Section 24-106(e)(2) to exceed the minimum rear setback, and Section 24- 106(e)(3)(a) to exceed the minimum side setback for the principal structure at 320 9th Street. Director Askew presented the request for variances to expand a nonconforming structure and exceed minimum rear and side yard setbacks. The applicant proposed to demolish the existing carport, build a garage in its location extending to the front of the house, connect the garage to the existing pool house with covered steps, renovate the pool house with a second story, and add an addition on the east side of the house. The applicant's architect, Roger Russell of RHR Designs, clarified that the new garage would be 5.17 feet off the property line, not 3 feet as initially stated, meaning it would meet the side setback requirement. He also noted that when recalculated, the existing lot coverage is 49 percent, and the proposed lot coverage would be 47.9 percent. During public comment, Alan Ennis of 191 12th Street pointed out that the lot is actually 75 by 130 feet. He objected to the variance, stating "expanding a nonconforming structure is by code not allowed when setbacks are not met" and noting that there is 1,980 square feet of buildable space available without needing variances. He argued that leveraging an existing nonconforming building should not be grounds for a variance. Jeff Haynie stated he didn't see exceptional circumstances as it relates to any of the three variance requests. Richard Arthur agreed, noting that while there might be a stretch for reasonable use regarding the existing 1950s pool house, but with the size of the lot, the setbacks, you can get there without a variance. Angela Farford concurred, indicating she didn't see any of the grounds for approval here. MOTION. To deny ZVAR 25-0020 on the basis that none of the grounds would apply to support. Motion: Jeff Haynie Second. Angela Farford Community Development Board (CDB) October 21, 2025 Page 2 of 8 Kirk Hansen For Angela Far ford (Seconded By) For Richard Arthur For Jeff Haynie (Moved By) For Motion passed 4 to 0. B. 0 Sturdivant Drive ZVAR25-0023 (Target 4 LLC-Zain Jazrawi) DEFERRED TO THE NOVEMBER 18, 2025 MEETING Request for a variance to Section 23-51(d)(2) to grant relief from the double tree mitigation requirement at 0 Sturdivant Avenue. Director Askew explained that this variance request to grant relief from the double tree mitigation requirement was not advertised correctly and needed to be deferred to the November 18th meeting. MOTION: To defer ZVAR25-0023 to the November 18th meeting. Motion: Jeff Haynie Second. Angela Far ford Kirk Hansen For Angela Farford (Seconded By) For Richard Arthur For Jeff Haynie (Moved By) For Motion passed 4 to 0. C. 1921 Mealy Street ZVAR25-0024 (Desmond Demps-Brooks) Request for a variance to Section 24-151(e)(2) to install a shed one (1) foot from the rear and interior side property line at 1921 Mealy Street. Planner Kevin Auster presented the request for a variance to install a shed one foot from the rear and interior side property lines. The property is zoned RG and is considered a substandard lot size at 45 feet wide by 78 feet deep. The applicant requested to reduce the required accessory building 5 -foot setback to 1 foot for a 10' x 10' shed in the southwest corner of the property. Desmond Brooks, the applicant, explained that he wanted to place the shed in the corner because there are tree roots in a large part of the available yard. He added that the south side of the property only has about 5 feet due to the neighbor's hedge encroachment and is used for utilities, making it unusable. The shed would store lawn equipment and placing it in the corner would give his children more space to play in the backyard. Richard noted the small lot size of 49' by 78' seemed limiting. Jeff agreed that while it was possible to put the shed without a variance, you don't have much yard left. He Community Development Board (CDB) October 21, 2025 Page 3 of 8 expressed his only concern was about the height of the shed given the close proximity to neighbors, though he tended to think it wouldn't be unduly imposing. Angela agreed, noting the property's exposure to busy Dutton Island Road. MOTION. To approve ZVAR 25-0024 based on number 6, substandard size of lot of record warranting a variance in order to provide for reasonable use of property. Motion: Richard Arthur Second: Kirk Hansen Kirk Hansen (Seconded By) For Angela Farford For Richard Arthur (Moved By) For Jeff Haynie For Motion passed 4 to 0. D. 1675 Beach Avenue ZVAR25-0025 (Patrick Emans) Request for a variance to Section 24-91(b)(2) to deviate from the average calculated grade to achieve a higher beginning point of measurement at 1675 Beach Avenue. Director Askew presented the request for a variance to deviate from the average calculated grade to achieve a higher beginning point of measurement. The oceanfront lot has a grade change of about 7.5 feet, and the applicant was requesting to measure the overall height from 19.1 feet NAVD instead of the code -required 17.8 feet NAVD - a difference of 1.3 feet in elevation. Patrick Emans, the applicant who has maintained a residence in Atlantic Beach since 2002, explained they were seeking to build a traditional Atlantic Beach cedar shake style home. He noted that a recently completed property at 1711 Beach sits at 19.2 feet, while they were seeking 19.1 feet. When asked why the variance was needed, he explained "you want to drive the house up as high as possible... it's more of just, like, you know, flood, stuff like that, and just trying to be as high as possible." During public comment, Lynn Richards expressed concern about giving variances above the codes, stating "it's a slippery slope. So, the next person might want it up, you know, another couple of feet for another reason." She had initially thought the variance was for 2 feet higher but understood during the meeting it was actually 1.3 feet. Richard noted this type of variance seems to be fairly common on the oceanfront lots when you're talking about the average grade and didn't think the 1.3 feet would put it at an advantage compared to neighbors. Jeff expressed concern about which grounds would apply. Angela asked what the applicant's alternative would be if not approved, and Director Askew explained they could reduce the 35 -foot building height and increase the foundation, taking away livable space inside to get flood avoidance. Community Development Board (CDB) October 21, 2025 Page 4 of 8 MOTION: To approve ZVAR 25-0025 on the grounds of exceptional topographic conditions of or near the property. Motion: Richard Arthur Second: Angela Farford Kirk Hansen Against Angela Farford (Seconded By) For Richard Arthur (Moved By) For Jeff Haynie Against Motion failed 2 to 2. Chair Hansen noted that the applicant could not reapply for another year but could appeal to the city commission. E. 655 Sailfish Drive East ZVAR25-0026 (Cornelis Steyn) Request for a variance to Section 24-162(e)(1) to exceed the maximum number of driveways of one (1) at 655 Sailfish Drive East. Planner Auster presented the request for a variance to exceed the maximum number of driveways. The property is 75 feet wide and code allows one driveway per 50 feet of street frontage. The applicant was proposing a second driveway - a 10 -foot wide, 100 percent pervious grid system for golf cart access to a proposed detached garage. The applicant, Cornelis Steyn explained that as of a recent 2024 code update, detached garages require driveway access. The sole purpose of this new detached garage would be for golf cart parking. He couldn't connect to the existing driveway because "there are 3 trees in the way that it will have to be removed... and I don't want to remove the trees." He confirmed the garage door would face the proposed driveway location and routing it to the existing driveway would require removing the trees due to a 5 -foot gate and tree placement. The driveway would only be 5 feet wide (two tracks) for golf cart storage. Richard and Jeff noted it was hard to meet the definition for the hardship given the rules about reducing curb cuts and conflict points between vehicles and pedestrians. Angela concurred, finding no reasons listed in the grounds for approval. MOTION: To deny ZVAR 25-0026 on the basis that none of the grounds support it. Motion: Jeff Haynie Second. Richard Arthur Kirk Hansen For Angela Farford For Richard Arthur (Seconded By) For Jeff Haynie (Moved By) For Community Development Board (CDB) October 21, 2025 Page 5 of 8 Motion passed 4 to 0. F. 281 Pine Street ZVAR25-0027 (Julie Liles) Request for a variance from Section 24-106 to exceed the minimum side yard setback and to exceed the maximum impervious surface area to install a motorized pergola at 281 Pine Street. Planner Auster presented the request for variances to exceed the minimum side yard setback and maximum impervious surface area to install a motorized pergola. The applicant requested to reduce the side setback from the required 9.1 feet to 1 foot and to exceed the maximum impervious surface from 45 percent to 53.7 percent. Julie Liles explained that the motorized pergola is "an open-air structure typically that has beams going across it. This one is actually motorized. So, during wind or rain, it actually is smart, and it could close." The structure would have gutter systems in each post to collect water and daylight it underground to the curb. Underneath would be a Trex deck allowing water to go through. She noted their backyard has many trees covering the east side with limited usable space, and their main entertaining area with sliding glass doors opens to the side yard. Josh, the contractor, emphasized that they considered this an open-air pergola that shouldn't count as impervious, that they were removing pavers and adding a Trex deck, "actually helping the situation." He noted the property layout meant their backyard was essentially the side yard. Richard stated it was a hard ceiling to blow through regarding the 45 percent lot coverage rule. Jeff agreed, noting he didn't see how the request met the grounds, particularly number 3 about reasonable use compared to neighbors. MOTION. To deny ZVAR 25-0027 on the basis that none of the grounds support it. Motion: Jeff Haynie Second. Richard Arthur Kirk Hansen For Angela Farford For Richard Arthur (Seconded By) For Jeff Haynie (Moved By) For Motion passed 4 to 0. G. 155 Levy Road UBEX25-0004 (Triple Threat Athletes LLC) Request for a use -by -exception to allow a gym use within the Light Industrial & Warehousing (LIW)zoning district at 155 Levy Road. Community Development Board (CDB) October 21, 2025 Page 6 of 8 Angela and Richard disclosed ex -parte communications with the applicants prior to the meeting. Director Askew presented the request for a use -by -exception to allow a gym (batting cage facility) in the Light Industrial and Warehouse zoning district. She noted that earlier in the year, the Community Development Board had recommended, and the Commission recently approved, allowing gyms in this zoning district by use -by -exception. The proposed use would be a baseball and softball training facility with 5 batting cages, operating Monday -Friday 3 PM to 9 PM, Saturday 10 AM to 5 PM, and Sunday 12 PM to 5 PM. Christine Michel, co-founder of Triple Threat Athletes along with partners Ashley Loewen and Carrie Fenton, explained they met through their sons playing Atlantic Beach rec league baseball. They saw limited local options for "indoor year-round training in a safe, structured, and family oriented environment." The 6,400 square foot facility would include 5 batting cages - 2 with automated pitching machines and 3 for private lessons. All activities would be indoors in a climate -controlled environment with appointment - based sessions. She emphasized the business aligned with the city's comprehensive plan by promoting economic diversity, supporting recreation and quality of life, and encouraging community wellness. Chair Hansen initially expressed concern about young kids in a light industrial area parking lot with potential forklifts or tractors. Richard responded that these facilities operate with people pulling up and walking directly inside with no hanging out in parking lots, comparing it to a family going to a restaurant. Jeff agreed, noting the area didn't seem to have the type of heavy machinery activity that would conflict. Angela compared it to Beaches Gym in Jacksonville Beach, also situated in a light industrial area with children coming and going. MOTIQATo approve UBEX 25-0004 on the basis that it meets the 3 criteria for approval. Motion: Angela Farford Second. Jeff Haynie Kirk Hansen For Angela Farford (Moved By) For Richard Arthur For Jeff Haynie (Seconded By) For Motion passed 4 to 0. H. 155 Levy Road ZVAR25-0028 (Triple Threat Athletes LLC) Request for a variance to Section 24-161(h)(6)(i) to reduce the minimum required number of off-street parking spaces for the proposed batting cage facility at 155 Levy Road. Community Development Board (CDB) October 21, 2025 Page 7 of 8 5. 6. 7. Attest: Director Askew presented the associated variance request to reduce the required parking from 64 spaces (based on gym calculations of 1 space per 100 square feet) to 49 spaces. The property has 11 on-site parking spaces and parking agreements for 38 spaces to the north (24/7 access) and 30 spaces to the west (5 PM to 7 AM weekdays and 24-hour weekend access). When asked about the deficit, Amanda clarified they were seeking to reduce the requirement from 64 to 49 total spaces. Between the 11 on-site spaces and the two parking agreements, they would have 79 spaces available after 5 PM but only 49 spaces from 3-5 PM. Chair Hansen noted the unusual nature of comparing 5 batting cages to a gym that might have 50 machines, making 64 required spaces seem excessive. Richard agreed it was a unique business model where the gym calculation didn't align with actual use. Jeff confirmed the 11 on-site spaces were in the bottom left of the property and had been cleared and prepared. MOTION. To approve ZVAR 25-0028 based on exceptional circumstances preventing the reasonable use of the properties compared to other properties in the area, as it's a unique business model given the 5 cages requiring 64 spaces under the gym calculation which doesn't really align with the business model presented. Motion: Richard Arthur Second. Jeff Haynie Kirk Hansen For Angela Farford For Richard Arthur (Moved By) For Jeff Haynie (Seconded By) For Motion passed 4 to 0. REPORTS There were no reports. PUBLIC COMMENT ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 8:17 p.m. �//(" Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) October 21, 2025 Page 8 of 8