01-28-02 v-w., CITY OF ATLANTIC BEACH
/ CITY COMMISSION MEETING
January 28, 2002
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Commission Meeting of January 14, 2002
2. Courtesy of Floor to Visitors
A. Mary Watson, Beaches Area Historical Society regarding grant for historic
properties survey
3. Unfinished Business from Previous Meeting
A. City Manager's follow up report on issues from previous meetings
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE CITY COMI~RSSION 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
A. Acknowledge receipt of monthly reports from Building and Utility Sales
Departments (City Manager)
B. Award contract in the amount of $41,580 to Clifton's Tower Service for
repair and painting of elevated water tank No. 1, pursuant to the
specifications of Bid No. 0102-4 (City Manager)
C. Approve extension of contract with Trim All Lawn Service, Inc. for
landscape maintenance of Atlantic Boulevard medians and Town Center for a
period of one year at the current contract prices (City Manager)
D. Acknowledge receipt of report changes in the Florida Building code (City
Manager)
5. Committee Reports
6. Action on Resolutions
Page Two AGENDA January 28, 2002
7. Action on Ordinances
A. Ordinance No. 90-02-174 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. 90-01-
172, CHAPTER 24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTION 24-163, PARAGRAPH
(B)(2), STORAGE AND PARKING OF COMMERCIAL VEHICLES AND
RECREATIONAL VEHICLES AND EQUIPMENT IN RESIDENTIAL
ZONING DISTRICTS, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE (City Commission)
B. Ordinance No. 10-02-21-Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES CHAPTER 3, ALCOHOLIC
BEVERAGES, SEC. 3-2 HOURS OF SALE, AND PROVIDING AN EFFECTIVE
DATE
8. Miscellaneous Business
A. Appointments to Tree Board (3)
9. City Manager Reports
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
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
Chambers.
Every effort is made to indicate what action the Ciry 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 Ciry Clerk by 5:00 PM, Friday, January
25, 2002.
"`~` MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT
7:15 P.M. ON MONDAY, JANUARY 28, 2002
PRESENT: John Meserve, Mayor
Richard Beaver, Mayor Pro Tem
Mike Borno
Paul Parsons
Dezmond Waters, Commissioners
AND: James Hanson, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Mayor Meserve called the meeting to order at 7:15 p.m. The invocation,
given by Commissioner Parsons, was followed by the Pledge of
Allegiance to the Flag.
L Approval of the minutes of the Regular Commission meeting of
January 14, 2002
Motion: Approve the minutes of the Regular Commission
Meeting of January 14, 2002 as presented.
The motion carried unanimously.
2. Courtesy of the Floor to Visitors:
J.P. Marchioli of 414 Sherry Drive commented on the following: (1)
Item 4B Repair and Painting of Elevated Water Tank No. 1 -Bid No.
0102-4. He noted that the low bid was for $41,580 and $50,000 had been
budgeted for the work, and inquired as to what happens to the surplus
funds, (2) Stated that he favored once a week trash and garbage pick up
and did not want to pay for an additional yard trash pick up, (3) Inquired
as to a schedule for flushing fire hydrants, and (4) commented negatively
on the response time to a recent fire and felt it was a mistake for the city to
contract the City's fire service to the City of Jacksonville.
Sally Clemens of 1638 Park Terrace West commented on the following:
(1) No elected officials were present at the JTA meeting to discuss Phase I
of the East Duval County Transit Study, (2) Construction of a new fire
station had been proposed for Hodges Boulevard, (3) Inquired as to a
schedule for hydrant flushing and commented that the blue reflectors
which mark fire hydrant locations needed to be replaced on many streets,
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Minutes Page -2-
January 28, 2002
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and (4) relative to Item 4B, requested written information concerning who
inspects the city's water tanks and their credentials.
Mary Jenkins and Robert Frary of Atlantic Beach First Night thanked
Paul Paloti, Dan Nowaczyk, Chief Thompson and the clean up crew for
their assistance in making the event a great success. Although First Night
had achieved its 501(c)3 status during the past year they hoped that the
city would continue its support, as in the past.
Penny Parks, who will be in charge of First Night fund raising, was
introduced. Ms. Parks stated that First Night would like to raise $50,000
for this year's event and the kickoff fundraiser would be held in the near
future.
Alan Potter of 374 Second Street, commented that he was glad to see
that the contractor for the Sherry Drive reconstruction project had begun
to install the storm drains. He also suggested that the city monitor the
contractor installing the water main on Beach Avenue since he was using
equipment that could damage the asphalt.
A. Mary Watson, Beaches Area Historical Society regarding
4j5{ grant for historic properties survey
Joan Van Vleck of the Beaches Area Historical Society, stated that she
was standing in for Mary Watson. and would be happy to answer any
questions concerning the request.
City Manager Hanson provided background information and stated that
the request was for matching funds from the City of Atlantic Beach in the
amount of $2,146 to prepare an inventory of historic properties in the
three beach communities.
City Manager Hanson indicated that the city's Comprehensive Plan
encouraged the preservation of significant historic sites and the
recognition of preservation efforts of individuals and organizations. He
felt that contributing to the Historical Society's historic properties survey
would be an efficient way for the city to meet the requirements for
historical preservation under the current Comprehensive Plan.
Commissioner Beaver requested information on how the amount of the
funding allocated to each of the beach cities had been determined and Ms.
Van Vleck indicated that the amount requested from each city was based
on population.
r" Motion: Approve funding in the amount of $2,146 for the
Beaches Area Historical Society survey of historic properties.
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Minutes Page -3-
January 28, 2002
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There was no further discussion and the motion carried unanimously.
3. Unfinished Business from Previous Meeting
A. City Manager's Follow Up Report on Issues from Previous
Meetings
City Manager Hanson briefly reviewed each item of his written report,
which is attached and made part of this official record as Attachment A .
In addition to the written report, the City Manager provided the following
information:
• Indicated that the neighborhood meeting for Dewees, Coquina, and
Shell Streets chaired by Commissioner Waters would be held on
Saturday, February 9, 2002, not February 2"d as reported in the
written report.
• Reported that an opinion survey on twice a week yard trash
collection could be conducted by the same company that
conducted the Community Center survey, for between $1,000 and
~p $2,000. A clip and send-in survey printed in Tideviews was also
suggested.
• Reported on the status of obtaining a new company to handle the
printing and distribution of the Tideviews newsletter. He indicated
that he would bring options and costs for the newsletter to the
February l lt~' meeting.
Commissioner Beaver responded to the earlier comment regarding Fire
Department response times. He commended the Fire Department's quick
response time and their handling of a fire at the Hatchell residence on
Ocean Boulevard.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Building
and Utility Sales Departments (City Manager)
B. Award contract in the amount of $41,580 to Clifton's
Tower Service for repair and painting of elevated water
tank No. 1, pursuant to the specifications of Bid No. 0102-4
(City Manager)
D. Acknowledge receipt of report changes in the Florida
Building Code (City Manager)
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Commissioner Waters requested that Item 4C be removed from. the
Consent Agenda for further discussion.
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January 28, 2002
Motion: Approve Consent Agenda Items A, B and D as
presented.
There was no discussion and the motion carried unanimously.
C. Approve extension of contract with Trim All Lawn
Service, Inc. for landscape maintenance of Atlantic
Boulevard medians and Town Center for a period of one
year at the current contract prices (City Manager)
Motion: Approve Consent Agenda Item C as presented.
Commissioner Waters inquired as to whose responsibility it was to
maintain the floral plantings (Lantana) in the medians. City Manager
Hanson indicted that the lawn service was responsible and the plants
had been replaced. He indicated that there had been problems in the
past with the Lantana.
There being no further discussion, the motion carried unanimously.
5. Committee Reports:
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Mayor Meserve indicated there were no Committee Reports at this
time. He requested that reports from the various committees be made
on a regular basis.
6. Action on Resolutions:
There were no Resolutions.
7. Action on Ordinances:
A. Ordinance No. 90-02-174 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
AMENDING ORDINANCE N0.90-O1-172, CHAPTER
24, ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, SECTION 24-163,
PARAGRAPH (B)(2), STORAGE AND PARKING OF
COMMERCIAL VEHICLES AND RECREATIONAL
VEHICLES AND EQUIPMENT IN RESIDENTIAL
ZONING DISTRICTS, PROVIDING FOR
RECORDATION AND PROVIDING AN EFFECTIVE
DATE (City Commission)
Motion: Approve Ordinance 90-02-174 on first reading.
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January 28, 2002
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Mayor Meserve indicated that the public hearing and final reading of
the ordinance would take place on February 11, 2002.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 10-02-21 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA AMENDING THE CODE OF
ORDINANCES CHAPTER 3, ALCOHOLIC
BEVERAGES, SEC. 3-2 HOURS OF SALE, AND
PROVIDING AN EFFECTIVE DATE
Motion: Adopt Ordinance No. 10-02-21 on final reading.
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Mayor Meserve opened the floor for a public hearing and invited
comments from the audience. No one spoke for or against the
ordinance and the Mayor closed the public hearing.
Commissioner Borno indicated that he had contacted the managers of
Ragtime and Sea Turtle and reported that neither of them felt they
were losing business because of the present hours of sale.
Commissioner Borno opposed the change.
Commissioner Parsons reiterated his previous position and said. a
manager at Ragtime had requested the change.
There was no further discussion and the motion carried by a four to
one vote with Mayor Meserve and Commissioners Beaver, Parsons
and Waters voting aye and Commissioner Borno voting nay.
S. Miscellaneous Business:
A. Appointments to the Tree Board
Mayor Meserve requested Commission input for potential members to
serve on the board.
Motion: Reappoint Barbara Mears to a three year term on the
Tree Board.
There was no discussion and the motion carved unanimously.
9. City Manager Reports:
~'"~`~"'' City Manager Hanson reported on the following items:
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Minutes Page -6-
January 28, 2002
Strategic Planning Report
City Manager Hanson distributed the third quarter Strategic Action
Plan Report to the Commissioners. He reminded the Commissioners
that a strategic planning session to refocus priorities would be held in
the near future and suggested using Marilyn Crotty as the facilitator.
The report is attached and made part of this official record as
Attachment B.
Employee of the Quarter and Year Program
City Manager Hanson indicated that the city's Employee of the
Month Program was being changed to Employee of the Quarter. He
stated that the program was well received, but due to the small
number of employees, it was becoming increasingly difficult to
choose someone each month. Procedures for the selection of the
Employee of the Quarter and Year were distributed to the
Commissioners.
HB 681
City Manager Hanson reported that passage of HB 681 concerning
the Firefighters Pension Fund would correct an error in previous
legislation and allow the City of Jacksonville to be able to collect the
City of Atlantic Beach portion of State Section 175 funds for
Firefighter Pension Plans.
Florida Inland Navigation District (FIND) Grant Application
City Manager Hanson reported that the FIND Grant Applications
were due in March for the fiscal year beginning October 1, 2002. He
indicated that FIND grant funds had been used for Dutton Island
construction, but in order to stay within budget, several items had
been cut from the original plans for the park. He felt that some of
those eliminated items such as the boardwalk could be included under
the new grant.
City Manager Hanson inquired if the Commissioners wanted the city
to apply for the FIND grant funds.
It was the consensus of the Commission to apply for the grant funds.
Community Development Block Grant (CDBG) Funds
City Manager Hanson indicted that the application for CDBG funds
under an agreement with the City of Jacksonville was due in early
February. He indicated that in the past, the funds had been used for
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January 28, 2002
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housing rehabilitation and infrastructure projects in the Royal Palms,
Jordan Park and the Marsh Oaks area (north of Levy Road). City
Manager Hanson stated that he would have recommendations for
project options at the next meeting.
He then requested Commission input as to what type of prof ects
should be funded under the grant.
Commissioner Waters indicated that he would like to see the money
used for stormwater drainage improvements and requested a map of
the project area.
City of Jacksonville 5% Franchise Fee
City Manager Hanson reported that the franchise fee totaling
$125,000 charged by the City of Jacksonville on the Buccaneer Plant
would go into effect April 1St. He indicated that this matter would be
on the February 11th agenda, and the Commission needed to decide
whether or not to pass the franchise costs along to the water and
sewer customers.
Commissioner Borno inquired if the Commissioners could appeal
these charges directly to the Jacksonville City Council and Mayor
Meserve indicated that he had spoken to several Jacksonville Council
Members and he came away feeling the city would have to pay the
franchise fee.
Request for Donation to the Springing the Blues Festival
City Manager Hanson reported that a request was received for a
$2,500 donation to support the festival.
10. Reports and/or requests from City Commissioners and
City Attorney
City Attorney Jensen -Bill Johns Waste Oil Site
City Attorney Jensen summarized for the Commissioners the city's
involvement in the Bill Johns Waste Oil Site lawsuit to clean up a site
which had been used to dump waste oil. Mr. Jensen reported that
many years ago the city contracted with an approved company to
dispose of a small amount of waste oil at the site in Jacksonville. He
further reported that the initial agreement had a $40,000 cap on
attorneys' fees, which was subsequently amended to increase the cap
to $150,000, resulting in increased costs to the city and other
members of the group. Mr. Jensen indicated that the city had paid
$14,000 as its share of the costs.
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January 28, 2002
Mr. Jensen reported that-~~~~iadh-v ~~me~ited by the State of
Florida Department of Environmental Protection (DEP) for additional
clean up of the same site. Mr. Jensen advised that the city could join
the group again, as it did in the previous lawsuit, or decide not to join.
He suggested that the city not join the group since he felt the
likelihood of being sued by the DEP or other members of the group
would be minimal
A brief discussion ensued and it was the consensus of the
Commissioners not to join the group. City Attorney Jensen will
monitor the lawsuit and keep the Commissioners informed of any
changes.
Commissioner Beaver
• Stated that he had spent the day in Tallahassee and had
attended a meeting where proposed changes to revamp the
state's sales tax system were discussed. He indicated that the
proposal would reduce the sales tax rate to f~e~c~~t~'~t~-half
under the new system, sales tax would apply to many services
which are currently exempt. He inquired as to the
Commissioners' feelings on the proposed change.
• Reported that there would be a meeting of the Marsh Oaks
Neighborhood Association on Saturday, February 2, 2002 at
1:00 p.m. at the Oceanside Church of Christ.
Commissioner Parsons
Reported that he would have a conceptual drawing. of the
"turtle sign" for the Commissioners to review in the. near
future.
• Stated he was opposed to spending the money on the survey
mentioned by City Manager Hanson. He indicated that he
had spoken with several citizens regarding increased yard
trash collections and the majority of people with whom he
had spoken supported the additional pick up.
• Requested that a letter of appreciation be drafted to First
Night.
Mayor Meserve
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• Suggested the Commissioners make a decision regarding the
5% surtax at the next meeting.
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January 28, 2002
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• Requested that the Commission receive an expanded Fire
Department Performance Report and a Fire Hydrant
Maintenance Report at the next meeting.
Commissioner Waters questioned the amount of equipment
and personnel that responded to the Hatchell fire. He also
inquired if the City of Atlantic Beach station was
undermanned and if equipment was brought in to fight the
fire.
• Reported that efforts were being made through the JTA and
FDOT to make good decisions relative to safety issues on
Mayport Road.
• Reported that he now chaired the Metropolitan Planning
Organization (MPO).
• Appointed Commissioner Parsons as the city's liaison to the
Mayport Waterfront Partnership.
F ,M, There being no further discussion or business to come before the City
Commission, the Mayor declared the meeting a0~jp~rned at 8:40 p.m.
Attest:
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Ma een King ,f"~
Certified Municipal Cl rk
Officer
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..~. _ ATTACHMENT A ._
JANUARY 28, 2002 COMMISSION MEETING
„.
January 22, 2002
MEMORANDUM
TO: The Honorable Mayor
and Members of the City C mmission
FROM: Jim Hanson
ger
SUBJECT: Follow-up Re~rt
Historical Society Request for Funds; The City Commission heard a request for funds from the.
Beaches -Area Historical Society during the December Commission meeting. No action was
taken at that time. Historical Society representatives have since advised that their deadline for
fmalizing the grant application is Februar~ 1 S`. The request will be on the City Commission
agenda for a final decision on January 28 The request is for matching funds to prepare an
inventory of historic properties in the three Beaches communities. The .City's current (1990)
Comprehensive Plan outlines. some City obligations for historic preservation, although little has
been .done since the plan was adopted. Objective 1.2 of the 1990 Plan states "Sites and structures
identified and documented as having historical or archeological importance shall be protected
from damage or destruction and their preservation shall be encouraged by the City." .Policies
defining that objective further state "Sites and structures within the City which are determined to
have historic or archeological significance... shall be protected by performance standards and
other provisions included in the City's land development regulations..." and "the City shall
encourage preservation of significant historic and archeological. sites through public information
programs, incentives and recognition of preservation efforts of individuals and organizations."
Contributing to the Historic Society's project would be an efficient way for the City to move
forward with this portion of the Comprehensive Plan, and might not be considered as giving
money to a charitable cause. ~ `
The Historical Society is requesting $2,146.00 from Atlantic Beach
Cost of Paint; At our last Commission meeting, several Commissioners. asked about a letter
received in connection with a recent bid from the City for painting a City water tank.
Authorization for the work to begin will be an item on the January 28~' agenda. The bids for this
project range from $41,580 to $85,000. The cost of the paint itself, which was the subject of the
letter, is $4,500. The bid invitation also gave bidders the opportunity to specify anotherbrand of
paint.
.Interpretation of Beach as a Public Street; During the last Commission meeting, some
discussion was held about whether or not the City officially recognized the beach as a street
9
AGENDA ITEM #3A
JANUARY 28, 2002
frontage for the oceanfront Lots on Beach Avenue. See the attached staff report from Sonya
Doerr dated January 16`h for information on this question.
Radio Station Re-zoning; At the last Commission meeting, staff was asked to meet with radio
station representatives concerning the .proposed re-zoning ordinance. Staff has scheduled to
meet with their representatives and hopes to accomplish the Commission's request in a timely
fashion. However, the attorney for the radio station has requested to hold the zoning ordinance
until March because he will not be able to .attend any of the Commission meetings before then.
Neighborhood Meeting; Dewees/Cogaina/Shell Streets; Commissioner Waters was appointed
to work with residents in the Dewees/Coquina/Shell Street neighborhood to consider various
requests for unprovements presented at the Commission meeting on January 14"`. A
neighborhood meeting has now been scheduled for Saturday, February 2na at 9:OOa.m. in the City
Commission Chambers. Area residents will be invited to present their views. Other
Commissioners as well as the news media will be welcome to attend.
AGENDA ITEM #3A
JANUARY 28, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Interpretation of the beach as a Street
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: January 16, 2002
BACKGROUND: In response to the discussion at January .14th Commission meeting
regarding the treatment of the beach as a street, the following information is provided. Past
interpretation has apparently resulted in the consideration of the beach as a Street. It is unclear
whether there was in fact a provision within past codes or ordinances that supported such an
interpretation, but under the currently effective City Code, there is no definition or provision
that would deem the beach as a Street: There are, however, numerous provisions of the zoning
regulations that require special treatment of oceanfront lots, .and have the similar. effect. of
considering the beach as a Street. The provisions relevant to this issue are as follows:
Chapter 24 definition of Street
` Street shall mean a public or private thoroughfare, which affords the principal means of access
to Abutting Property. This includes lane, place, way, Alley or other means of ingress or egress,
regardless of the term used to describe it.
• In .that the beach does not provide the principal means of access to Abutting
Property, it cannot be considered a Street under this definition.
Chapter 24 definition of Corner Lot
Lot, Corner shall mean a Lot abutting two (2) or more. Streets, or at a Street intersection or at
a Street corner having an interior angle not greater than one hundred thirty-five (135) degrees.
The exterior Lot Line of the narrowest side of the Lot adjoining the Street shall be considered
the front Yard. The exterior Lot Line of the longest side of the Lot abutting the Street shall be
considered a side Yard and shall have a minimum setback of fifteen (15) feet. The opposite
side Yard shall conform to the minimum side Yard requirement of the Zoning District in which
it is located. The rear Yard shall have a minimum setback of twenty (20) feet.
• Most all oceanfront lots that are adjacent to a beach access would in fact be
considered as Corner Lots in that these lots are "double frontage" lots extending
from Beach Avenue to the beach. These lots have frontage on two streets; .
therefore the minimum setback on the beach access Street side: is I S feet. (The
oceanfront lot that was the subject of the recent Variance denial was very unique '
in that it was not a double frontage lot. That particular lot had frontage only on
~``"°' Sixth Street. It appears that there are only about five such oceanfront single-
family residential lots in the City that would not be considered Corner Lots.)
.AGENDA ITEM #3A
JANUARY 28, 2002
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Sec. 24-84. Double Frontage Lots.
(b) Special treatment. of oceanfront Lots on Beach Avenue. For these double frontage Lots
having frontage- on the Atlantic Ocean, the front Yard shall be the Yard which faces the
Atlantic Ocean, and the Required Fronf Yard shall be measured from the Lot Line
parallel to or nearest the ocean.
• This is the provision that designates the oceanfront side of double frontage lots as
the front, requiring a 20 foot setback on the ocean side regardless of the shape of
the lot.
RECOMMENDATION: No change needed to current regulations related to this issue.
ATTACHMENTS: None. ~ - .
REVIEWED BY CITY MAN
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JANUARY 28, 2002 COMMISSION MEETING
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