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07-20-93 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH , FLORIDA JULY 20 , 1993 7 : 00 P .M. CITY HALL PRESENT Gregg McCaulie Don Wolfson Ruth Gregg Robert Frohwein Mark McGowan Pat Pillmore Mary Walker AND Alan Jensen, City Attorney George Worley , II , CD Director Pat Harris , Recording Secretary ABSENT Acting Chairman Don Wolfon, called the meeting to order and asked for approval of the minutes from the meeting of June 15 , 1993 . Upon motion duly made and seconded said minutes were approved. OLD BUSINESS: I . Application for Change in Zoning Classification from RS-2 to RG-3 filed by Louis B. MacDonell , et al , for construction purposes at property located at the dead end of Cornell Lane on the north side of the street . Louis MacDonell introduced himself to the board and stated that additional property owners had joined in the application and explained that it was the intent of the owners to sell subject property to the City of Jacksonville for the construction of 40 detached single family homes by the Department of Housing and Urban Development . Bryan Hensley, Project Manager of the Blodgett Redevelopment for HUD, introduced himself to the board and stated that the proposed project should be approved within a period of six to eight months . After discussion, Mr . Wolfson moved to recommend to the City Commission that the property be rezoned from RS-2 to RG-3 conditioned upon the project being fully financed and closed and to be utilized only for the purposes stated in the rezoning request , within a period of nine ( 9) months . If a longer period of time is required an may extension be requested from the City Commission. The motion was seconded by Mr . McGowan and unanimously passed. II . Application for Variance filed by Gary and P. J . Wetherhold to construct a home that would encroach the rear yard setback of property located at 82 Nicole Lane . Mr. and Mrs . Wetherhold introduced themselves to the board and requested a variance that would reduce the rear yard setback to 7 . 5 feet . Pictures were presented to the board of various scenes surrounding the property . During discussion several board members suggested a compromise setback . The applicants declined to modify the requested variance . After discussion, Mr . Wolfson moved to deny the variance, Mrs . Walker seconded the motion and the variance was denied by a vote of 6 -1 . NEW BUSINESS : I . Application for Variance filed by Steven and Judith Israel to construct an addition that will encroach the rear yard setback line at 1830 Live Oak Lane. Mr . and Mrs . Israel introduced themselves to the Board and explained that additional living space was required to accommodate additional family members that were moving into their home. Mr . Frohwein stated that due to a conflict of interest he would not be voting on the application and filed Form 8B Memorandum of Voting Conflict to that effect . After discussion, Mrs . Pillmore moved to grant the variance. The motion was seconded by Mrs . Gregg but failed by a tie vote. After discussion with the City Attorney, Mr . Wolfson moved to reconsider the motion. Mr . McCaulie seconded the mtion which passed unanimously. A new vote on the original motion was taken and the variance was granted by a vote of 5 - 1 . II . Application for Variance filed by Bernard and Marianna Kane to construct a porch attachment which will encroach the setback line at property located at 326 Ocean Boulevard. Mr . and Mrs . Kane introduced themselves to the board and explained that the variance was requested to remodel their existing nonconforming residence by removing part of the building that encroaches the north property line and constructing a covered entry to their residence . The entry is to be forward of the front setback line but behind the front face of the existing building. After discussion, Mr . Frohwein moved to grant the variance . The motion was seconded by Mr . Wolfson and the variance was unanimously granted . 1 A general discussion followed in connection with the proposed ordinance regarding accessory buildings and the members were once again asked to write their opinions and submit them to Mr . Worley or the City Manager . There being no further business to come before the board, on motion made and seconded the meeting was adjourned. SIGNED: ` )/— - ATTES C[` mi.' .r Qc.......)..„,..) CC% • RIMS 8B MEMORANDU OF VOTINC CONFLICT FCR NTY, MUNICIPAL, AND 'OTHER LOCAL PUBLIC OFFICERS 1 IK.I \\Mt -Mlnl)1 L NAML NAME OF BOARD,COUNCIL COMMISSION, AL1TH try.OS C'OMMITIEE EIN, ROBERT W. COMMUNITY DEVELOPMENT BOARD �ItI�KI‘•••; THE BOARD,COUNCIL..COMMISSION.AUTHORITY.OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ,t►CEANSIDE DRIVE I ;CITY I ; COUNTY 1 I OTHER LOCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: q'LANTIC BEACH DUVAL / ` _ CITY OF ATLANTIC BEACH /r.Ai t cis \\HI( II %ut l (X CI!KKI I) MY POSITION IS: ; 7-20-93 : ! �'LL.ECTIVE X APPOINIIVEi ,. WHO MUST FILE FORM 86 This rot m is for use by any person serving at the county,city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented ‘+ith a toting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. . Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on t%het her fou hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form befors completing the reverse side and filing the form. IIP INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES E:LEC'TE1) OFFICERS: A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his special prisate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. • In either case, )ou should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on sshich you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. , APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited.from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before-making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. • 3, IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT' WHICH THE VOTE WILL BE TAKEN: . eikou should complete and file this form (before making any attempt to influence the decision) with the person responsible for cording the minutes of the meeting, who will incorporate the form in the minutes. • A cops of the form should be prlivided immediately to the other members of the agency. l • The form should he read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.. I U MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE ATTHE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. 1 You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes )f the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST R 1. __ Robert W. Frohwein , hereby disclose that on July 20 19 93 (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; or inured to the special gain of — , by whom I am retained. tb) The measure before my agency and the nature of my interest in the measureis as follows: As a contractor working with the applicants, Steven and Judy Israel, I declare a coaflict of interest due to potential financial gain. /1) /, / /4./ d, -- 7/20/93 , �`/0 Date Filed Signat Fe ROBERT W. FROHWEIN NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED CLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: ,..,,rEACHMIENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CI IL PENALTY NOT TO EXCEED $5,000. ();01 eq; 10 hF PAGE 2