07-10-95 v 1
ATLANTIC BEACH CITY COMMISSION
JULY 10, 1995
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the Regular Commission Meeting of
June 26, 1995
2. Recognition of Visitors
3. Consent Agenda:
A. Acknowledge receipt of Building Report for June 1995 (Don
Ford)
B. Acknowledge receipt of Public Works Projects Status
Report (Bob Kosoy)
C. Acknowledge receipt of Code Enforcement Report for June
1995 (Don Ford)
D. Authorize the purchase of a Massey Ferguson 240 pursuant
to Bid No. 9495-15, from Superior Tractor of Jacksonville
(Bob Kosoy)
E. Acknowledge receipt of Parks and Recreation Facilities
Usage Report for June, 1995 (Timmy Johnson)
4. Action on Ordinances:
S A. Final reading and public hearing of Ordinance No. 25-95-
27 to amend Buildings and Building Regulations to adopt
a standard for storm shutters and termite protection, and
to include Atlantic Beach Building Department as an
accepted testing agency
5. New Business:
A. Authorize execution of contract with the city' s financial
advisor, First Union Capital Markets (Ann Meuse)
B. Action on a request for an appeal of a decision of the
Community Development Board (George Worley)
C. Public hearing and action on a request for a Use-by-
Exception filed by Imports Unlimited to allow auto
storage at 157-D Levy Road, zoned ILW ( Industrial Light
and Warehousing) (George Worley)
6. City Manager Reports and/or Correspondence:
7. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
Adjournment
If any person decides to appeal any decision made by the City
Commission with respect to any matter considered at any meeting,
11110 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.
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O O
T T
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY E E
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 D D
PM ON MONDAY, JULY 10, 1995
PRESENT: J. Dezmond Waters , III , Mayor Pro Tem M S
Steve Rosenbloom 0 E
Suzanne Shaughnessy T C
Robert G. Weiss , Jr. Commissioners I 0 Y
NAME OF ONEN
AND: Kim D. Leinbach, City Manager COMMRS. N D S 0
Alan C. Jensen, U11y ALLuiney --
Maureen King, City Clerk
ABSENT: Lyman T. Fletcher, Mayor (Excused)
The meeting was called to order by Mayor Pro Tem Waters .
The invocation was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting
of June 26, 1995 ROSENBLOOM X
SHAUGHNESSY X X
Motion: Approve minutes of the regular WATERS X
meeting of June 26, 1995 WEISS X X
No discussion before the vote. The motion carried
unanimously.
2. Recognition of Visitors:
J. P. Marchioli, 414 Sherry Drive:
. . . suggested that an additional bicycle rack be placed at
the end of 4th Street .
. . .complained that surf fishing was being conducted close
to swimmers , which resulted in a dangerous situation for
the swimmers . Staff was asked to research the matter.
. . .complained there was a problem relative to untethered
surfboards , as well as jetski activities being conducted
too close to shore. Chief Ruley indicated he would
direct lifeguards to call the police regarding these
violations .
. . .suggested that water bills be mailed in envelopes .
Staff was directed to look into this and report back to
the Commission.
Richard Johnson, 857 Bonita Road, indicated there was a
problem of overgrown grass and shrubbery at a vacant home
at 836 Bonita Road. He also complained of a car which
was elevated on a jack and left on the side of the street
in front of 845 Bonita Road.
Karl Grunewald, Code Enforcement Officer, explained he
had contacted the wife of the owner of the home at 836
Bonita Road, and that he recently sent a certified letter
indicating that the grass had to be cut within a certain
amount of days or the city would cut it and bill the
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Minutes , Page 2
July 10, 1995
Bonita Road, and that he recently sent a certified letter
indicating that the grass had to be cut within a certain
amount of days or the city would cut it and bill the
owner. Mr. Grunewald indicated the property was in
compliance with all other city codes , and that there was
no violation of the Standard Housing Code. With
reference to the parked car in front of 845 Bonita Road,
Mr. Grunewald indicated the car was legally registered.
He indicated he would address the matter by placing a 72
hour notice for the owner to move the car.
George Worley, City Planner, was asked to contact Mr.
Johnson concerning the possibility that the property at
845 Bonita Road, which was in a residential zone, was
being used as a site to repair automobiles .
Commissioner Rosenbloom suggested staff be more
aggressive in matters of abandoned cars . He asked Mr.
Johnson to come to a Commission meeting in a month if he
was not able to get action relative to the problems on
Bonita Road.
Item 5a was taken out of sequence and acted upon.
A. Authorize execution of contract with the city' s
financial advisor, First Union Capital Markets
Ann Meuse presented the contract with the city' s
financial advisor, First Union Capital Markets , and she
introduced Eugene Cahalan, Managing Director. She
indicated she had contacted many references with
reference to First Union' s past performance, and all
references were excellent. It was reported work had
already started and it was planned to move quickly.
ROSENBLOOM X X
Motion: Approve execution of contract with the SHAUGHNESSY X
city' s financial advisor, First Union Capital WATERS X
Markets WEISS X X
Following brief discussion the question was called and
the motion carried unanimously.
3. Consent Agenda:
A. Acknowledge receipt of Building Report for June
1995
B. Acknowledge receipt of Public Works Projects Status
Report
C. Acknowledge receipt of Code Enforcement Report for
June 1995
D. Authorize the purchase of a Massey Ferguson 240
pursuant to Bid No. 9495-15, from Superior Tractor
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Minutes , Page 3
July 10, 1995
of Jacksonville
E. Acknowledge receipt of Parks and Recreation
Facilities Usage Report for June, 1995
The Consent Agenda was approved by the Commission.
4. Action on Ordinances :
A. Ordinance No. 25-95-27 - Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE II, BUILDING CODE, ARTICLE III, ELECTRICAL CODE,
AND ARTICLE IV, PLUMBING CODE. REGARDING TERMITE
PROTECTION DESIGN CRITERIA FOR STORM SHUTTERS, AND
INCLUDING ATLANTIC BEACH BUILDING DEPARTMENT AS AN
ACCEPTED TESTING AGENCY, AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Waters presented in full , in writing,
Ordinance No. 25-95-27, said ordinance having been posted
in accordance with Charter requirements . He opened the
floor for a public hearing and invited comments from the
audience.
Curtis Sanders , 2320 Oceanwalk Drive, inquired whether
homeowners would be required to install storm shutters .
Don Ford, Building Official , explained the new law merely
set standards for storm shutters , but did not require
homeowners to install storm shutters . He explained the
city was adopting certain standards which could be used
by the manufacturers of shutters , and that homeowners
whose shutters met the standards would be eligible for
discounts from their insurance companies .
Since no one wished to speak further the Mayor Pro Tem
closed the public hearing.
A brief discussion was held by Commissioners . ROSENBLOOM X X
SHAUGHNESSY X X
X
Motion: Approve passage of ordinance No. 25-95-27 WEISSS X
on final reading
Following a brief discussion the question was called and
the motion carried unanimously.
5. New Business:
A. Authorize execution of contract with the city's
financial advisor, First Union Capital Markets
(this was acted on earlier in the agenda)
B. Action on a request for an appeal of a decision of
the Community Development Board
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Minutes , Page 4
July 10, 1995
George Worley, Community Development Director, indicated
this was an appeal of a variance denial by the Community
Development Board (CDB) by Edward Morin, 1849 Seminole
Road. Mr. Morin appeared before the CDB on April 18 ,
1995 to request a variance to construct a six foot high
fence along his front (Seminole Road) property line. In
his request to the CDB, Mr. Morin alleged that the noise
from vehicles created a hardship for him and the proposed
fence was intended to alleviate the hardship by providing
a barrier to the traffic noise. Due to the lower
elevation of his lot as compared to the road right-of-way
of Seminole Road, Mr. Morin requested a six foot high
fence to better stifle the noise from the street.
Mr. Worley explained that after Mr. Morin presented his
request to the CDB and questions were asked by the Board,
a motion was made to grant the variance subject to the
fence ending short of the required visibility triangle.
The motion was approved 4-3 . After Mr. Morin left the
meeting, however, one of the members of the prevailing
side announced that he had misunderstood the motion and
moved to reconsider the question.
Mr. Worley indicated subsequent meetings were held on May
16, 1995 and June 20, 1995 which resulted in the variance
being denied. He referred to staff report dated June 3 ,
1995 which provided detailed minutes of the CDB meetings
(attached hereto and made a part hereof - Exhibit A) .
Edward Morin, 1849 Seminole Road, asked the Commission to
consider granting the variance. He explained the Police
Department indicated there would be no problem to the
public safety, and he felt the six foot fence would
provide protection from the noise generated from the
street .
Under discussion, it was felt by some Commissioners that
there was a problem with the terrain at the property
under discussion and that a six foot fence was a
reasonable request .
ROSENBLOOM
Motion: Consider appeal of variance denial of SHAUGHNESSY
Community Development Board and grant Edward Morin, WATERS X
1849 Seminole Road, variance to construct a six WEISS X
foot high fence, with the stipulation that the
fence ends short of the required visibility
triangle
Alan Jensen, City Attorney, explained that from a
procedural standpoint the ordinance required that the
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Minutes , Page 5
July 10, 1995
petition for the commission to consider the appeal of a
variance had to be verified. Mr. Jensen noted that Mr.
Morin' s letter was not verified or sworn to, but he felt
the Commission could waive that technicality. He felt
the ordinance clearly stated that the basis for
overturning CDB action on a variance request was only if
the CDB acted illegally.
He suggested that perhaps the CDB was not yet finished
with this issue and the Commission might want to accept
the request for the appeal , but defer any action pending
the next meeting of the CDB.
It was felt by some Commissioners that Mr. Morin' s appeal
had been long and drawn out and the board had been having
a hard time making a decision.
Mr. Jensen explained that the ordinance required that in
order for the Commission to reverse a decision on a CDB
variance action, that the petition must set forth that
what (CDB) did was illegal in some fashion.
A question arose concerning whether or not the CDB should
have two appointed alternates , to which Mr. Jensen
explained the ordinance adopted by the City did not
require alternates .
Under discussion, it was felt the CDB should be given the
opportunity to address the issue at its next meeting.
Mr. Worley explained, however , that Mr. Morin' s request
was not on the next CDB agenda, and it was suggested that
perhaps the CDB agenda be amended to allow the request to
be acted upon, if possible.
Under discussion, it was decided to place the matter on
the next Commission agenda of July 24 , 1995. ROSENBLOOM X
SHAUGHNESSY X X
Amended Motion: Defer action of variance of Edward WATERS X X
Morin, 1849 Seminole Road, until July 24, 1995 WEISS X
The question was called and the vote resulted in 3-1 with
Commissioner Rosenbloom voting nay. The motion carried.
C. Public hearing and action on a request for a Use-
by-Exception filed by Imports Unlimited to allow
auto storage at 157-D Levy Road, zoned ILW
(Industrial Light and Warehousing)
George Worley explained Dewey Miller owned Imports
Unlimited, a business which specialized in the
restoration of British made automobiles , and the parts
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Minutes, Page 6
July 10, 1995
for restoration were stored on site. Mr. Miller was
requesting to be granted a Use-by-Exception to permit him
to store disassembled automobiles for up to 120 days
each, within the fenced area of his property. Mr. Worley
indicated the Community Development Board (CDB) reviewed
the application and unanimously recommended approval with
the following conditions : (1) all outside storage be
within the fenced area; (2) no disassembled automobile be
stored for more than 120 days ; (3) Use-by-Exception be
granted solely to the applicant for the specified
location; (4) Code Enforcement Officers of the City be
allowed access to the storage area and vehicles stored in
violation must be removed and the Use-by-Exception may be
revoked by the Commission.
Mayor Pro Tem Waters opened the floor for a public
hearing and invited comments from the audience.
J. P. Marchioli inquired as to the type of fence that was
under discussion, to which it was explained the fence was
of opaque material .
Since no one wished to speak further the Mayor Pro Tem
closed the Public Hearing.
ROSENBLOOM X
$HAUGHNESSY X X
Motion: Grant Use-by-Exception to Dewey Miller, WATERS X
Imports Unlimited, 157-D Levy Road, to permit WEISS X X
storage of disassembled automobiles for up to 120
days each, within the fenced area of his property,
with the following conditions: (1) all outside
storage be within the fenced area; (2) no
disassembled automobile be stored for more than 120
days; (3) Use-by-Exception be granted solely to the
applicant for the specified location; (4) Code
Enforcement Officers of the City be allowed access
to the storage area and vehicles stored in
violation must be removed and the Use-by-Exception
may be revoked by the Commission.
A discussion ensued regarding whether or not the fence
should of opaque material . Whereas some commissioners
felt the fence should be opaque, other commissioners felt
the fence should be left to the discretion of the
applicant . Mr. Miller indicated it would not be a
hardship to have an opaque fence. ROSENBLOOM X
SHAUGHNESSY X X
Amended Motion: Require fence to be of opaque WATERS X
material WEISS X X
The question was called on the amended motion and the
voted resulted in 3-1 with Commissioner Rosenbloom voting
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Minutes , Page 7
July 10 , 1995
nay. The motion carried.
The question was called on the motion to allow the Use-
by-Exception and the vote resulted in all ayes . The
motion carried.
6. City Manager Reports and/or Correspondence:
Kim Leinbach, City Manager, advised that he and Mayor Pro
Tem Waters attended a Land Committee meeting at the City
of Jacksonville on June 29 , 1995. The purpose of the
meeting was to consider parcels of property for possible
qualification of Preservation 2000 funds from the State.
Mr. Leinbach indicated Mayor Fletcher asked him to
represent the City with regard to lending support to the
concept with reference to Dutton Island. Mr. Leinbach
indicated the committee placed the Dutton Island property
as their top priority.
Mayor Pro Tem Waters indicated there were two issues that
were brought up favoring the city; one was the question
of preserving Dutton Island as a park and he explained if
the city was successful in receiving Preservation 2000
grant money, it would be in the form of one-half of the
value of the property. Also, Mayor Pro Tem Waters
reported, Tresca property was placed on the list. He
explained since the city might possibly receive Barge
Canal funds , that the rest of the funding might possibly
be matched from Preservation 2000 funds .
Mayor Pro Tem Waters referred to the city' s desire to
close Begonia Street and open up a new section of Jasmine
Street on to Atlantic Boulevard. Mr. Leinbach indicated
he had written to Roger Sharp, JTA liaison with their
design consultants , and Mr. Leinbach was advised the
city' s request had been referred to the design
consultants for review, after which JTA would come back
to the city with alternatives .
Mr. Leinbach:
. . . indicated staff had obtained an application packet for
Preservation 2000 funding reimbursement for the Tresca
property. He explained the application had to be made
within one year of the purchase , and he indicated staff
planned to proceed with the application as quickly as
possible.
. . .reported the Police Department was proposing to
connect to the Essex telephone system. He explained
although the telephone number of the Police Department
would have to be changed, the benefits would be
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Minutes , Page 8
July 10, 1995
substantial , resulting in savings of money.
. . . indicated staff felt it was necessary to replace the
existing gravel driveway located in Jack Russell Park
with asphalt. Also, he indicated that the new asphalt
driveway would provide access to the concesssion building
for the handicapped.
John Ruley, Fire Chief, presented a conceptual design for
expansion of the Public Safety Building, and requested
approval to develop RFP ' s . Staff was directed to develop
RFP ' s and come back to the Commission for approval .
Kim Leinbach reported an emergency had occurred at the
city' s lift station and it was necessary to make an
emergency repair. One quote had been received in the
amount of $12 , 500, and more quotes would be forthcoming.
ROSENBLOOM X X
Motion: Authorize expenditure for up to $12 , 500 SHAUGHNESSY X
for emergency repairs to lift station WATERS X
WEISS X X
It was explained staff would review all quotes in detail
before awarding the job.
The question was called and the motion carried
unanimously.
Commissioner Rosenbloom
. . inquired relative to the possibility of the city
having direct withdrawal for citizens paying water bills .
Ann Meuse, Finance Director, indicated the city did not
have hardware on its present system to accomplish this ,
but that she would look into the cost of installing it
and report back to the Commission.
. . . indicated his desire to move forward with the Donner
Building. It was advised specifications would be
complete and ready for bid within a week.
Commissioner Shaughnessy indicated her desire to proceed
with renovation to the Public Safety Building as soon as
possible.
John Ruley, Fire Chief , reported all lifeguard vehicles
were operating.
Mayor Pro Tem Waters asked staff to research if there was
language in the ordinance pertaining to a summer dress
code for commissioners .
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Minutes , Page 9
July 10 , 1995
There being no further business the Ma or Pro-Tem
adjourned the meeting at 8 : 45 p. m.
Z. r
Dezm► ► Waters , III
( Mayo • •-Tem/Presiding Officer
7
AT EST:
LA / AL, -QC)
Mau een King /
Cit Clerk
Exti,' b , t /9
-s 1 ,/ 10, i99.s`
STAFF REPORT
AGENDA ITEM: Appeal of Variance Denial
SUBMITTED BY: George Worley, Community Development Director 4
DATE: July 3, 1995
BACKGROUND:
On April 18, 1995, Mr. Edward Morin of 1849 Seminole Road, appeared before the
Community Development Board to request a Variance to construct a six foot high fence along his
front(Seminole Road) property line. Mr. Morin alleged that the noise from vehicles stopping at,
and accelerating away from,the stop sign at the corner of Seminole Road and Eighteenth Street
created a hardship for him. The proposed fence was intended to alleviate the hardship by
providing a barrier to the traffic noise. Due to the lower elevation of his lot as compared to the
road right-of-way of Seminole Road, he requested a six foot high fence to better interdict noise.
After Mr. Morin presented his request and the Board asked questions, a motion was made
to grant the Variance subject to the fence ending short of the required visibility triangle. This
motion was amended to include that Mr. Morin report back to the Board as to the effectiveness of
the fence. The motion was approved 4-3. Mr. Morin left the meeting. Prior to the adjournment of
the meeting one of the members of the prevailing side announced that he had misunderstood the
motion and moved to reconsider the question. Due to the absence of the City Attorney and the
applicant, the Board tabled action on the motion to reconsider to the next regularly scheduled
meeting.
At the meeting of May 16, 1995 the Community Development Board took up the question of
reconsideration of the motion to grant Mr. Morin a Variance, as amended. The Board approved
the motion to reconsider by a vote of 4-2. Due to the inability of the applicant to attend this
meeting, the motion to grant the Variance, as amended, was placed on the agenda of June 20,1995.
*Note* Under Roberts Rules of Order, a motion to reconsider places the question back on
the table as if no vote had been taken. Therefore the motion to Grant theJVariance subject to the
condition that it not encroach the visibility triangle, along with the amendment that Mr.Morin
report back to the Board was on the table for action.
Per the request of the Community Development Board, Staff contacted the Police
Department to review the requested Variance considering specifically the visibility issue. A
report was submitted by the Police Department finding no problem with the proposed fence. After
discussion and four failed amendments, the original motion was call to question and failed 3-3.
There were no other motions made and the Variance was not granted.
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ATTACHMENTS:
1) Application for Variance
2) Staff Report for the April 19,1995 Meeting.
3) Minutes of the April 19,1995 Meeting
4) Staff Report for the May 16, 1995 Meeting
5) Minutes of the May 16, 1996 Meeting
6) Staff Report for the June 20, 1995 Meeting
7) Minutes of the June 20, 1995 Meeting
8) Memorandums from the Planning and Police Departments
9) Letter of Appeal from applicant
n
REVIEWED BY CITY MANAGER: -�'/7?
AGENDA ITEM NO.
•
P
APPLICATION FOR VALIANCE 1 4 1995
Building and Zoning
NEXT MEETING DATE: FILING DEADLINE: '.
PLEASE TYPE OR PRINT IN INK APPLICATION FEE $75.4
TO REQUEST A VARIANCE FROM THE REGULATIONS INDICATED HEREIN, THE
APPLICANT MUST SHOW THAT THERE ARE UNNECESSARY HARDSHIPS IN'
CARRYING OUT THE STRICT LETTER OF THE CODE.
1
Edward H. Morin .Ga,ma
Applicants Name Owners Name
1d49 Seminole Rd .
Address Address
Atlantic Beach . F1. 32233
City, State, Zip City, State, Zip
Telephone:_(_ 904 1 246-2110 Telephone:
Street address and legal description of subject property: Note:
Copy of deed and survey or plot plan indicating proposed
construction must be attached.
1844 Seminole Rd. Trot' 1L5 , ocean rr.ove Unit Nn 2
Plat Book 20 Page 20 Current puhlir. Rernrdc nuva1 nounty
Zoning clabsification of property: Re idential �z ' 1
Section of code from which variance is sought: .2/7/-/.517
Describe variancb requested:
To erect a 6 ft. fence at 1.5 ft. inside the property line —
for purpose of traffic noise abatement . see marked up survey
map and elevation sketch attached . ,
r
Supporting data whi 5 should be ,considered by Board:
Noise of vehicles accellerating away from .theS'1'OP ai gn
interrupts sleep of the occupants . Traffic has increased
over the past year and continues throughout the night,
e.
often more than a vehicle per minuite between midnight
INa POTOI 4 APPLICATION FOR VARIANCE, THE UNDERSIGNED
UNDERSTANDS IT BECOMES A PART OF THE OFFICIAL RECORDS OF THE CITY
AND DOES HEREBY CERTIFY THAT ALL/INFORMATION CONTAINED HEREIN IS
TRUE TO THE BEST-OF HIS/HER KNOWLEDGE.
Sig ature of operty Owner
(required for processing)
MAP SHOWING SURVEY OF
LOT 35, OCEAN (JOVE WIT NO. 2 AS RECORDED IN PLAT BOOL 20, PAGE 2U CF Tb-f
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
• STAFF REPORT
MEETING DATE: April 18, 1995
AGENDA ITEM: # 4a Application for Variance to allow six -foot
high fence within the front yard setback
area on property located at 1849 Seminole
Road.
The Applicant owns the residence located at the southeast corner-
of 18th Street and Seminole Road. The applicant alleges that
traffic noise from the intersection is causing substantial
disturbance to him. He proposes to construct a six foot high
wood privacy fence along his western most property line to act
as a barrier to that noise. Due to the dimensions of his lot
the western lot line is his front yard (see definition of Lot .
Corner) and is subject to the restrictions of Section 24-157 .
Fences located in the front yard are limited to a maximum hsigh
of four (4) feet. The applicant proposes to install the fence
approximately three feet in from his front lot line and will not
approach closer than 19 feet from his side lot line on the north
( 18th Street) .
Staff has investigated this situation thoroughly and has
concluded that it is very possible that a noise problem could
exist . It appears that the only other property with similar
circumstances is the lot directly to the west across Seminole
Road. Because of the dimensions of that lot the Seminole Royc
side is, in fact , the rear yard of the lot which allowed the
owner to install a six foot high fence along his property line.
Staff believes that a hardship exists that is not of the owner=
creation, that the requested Variance is the minimum necessary
to grant relief, and that the Variance, if granted, would not
result in the granting of a special privilege to the applicant .
Staff recommends approval of the Variance as requested.
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AGENDA ITEM: # 4b. • Application for Use-by-Exception to
construct a parking lot on property
zoned RG-2 and adjacent to property
zoned CG, for the use of the CG
property.
The applicant is the owner of lot 775 together with the e .s1_
feet of lot 774, Saltair Section 1 , which• is zoned RG--2,
residential General . The applicant is also the owner of the
adjacent commercial property to the south. The proposed Pa, 4. i q
Lot will serve that commercial property.
•
Section 24-162 permits Parking Lots by exception in all zonir:L4
districts provided that such lots are within 400 feet of
, . .
1
fences. The proposed Parking Lot meets the minimum criteria __:_•;
forth in Section 24-162.
Staff recommends approval of this request conditioned upon th=
completed Parking Lot being in full compliance with all of tnt_
requirements of Section 24-162.
A
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aa CA,A7tl-.�
7-/O- qS
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
APRIL 19 1995
7 :00 P.M.
CITY HALL
PRESENT Don Wolfson
Mary Walker
Robert Frohwein
Pat Pillmore
Scott Fletcher
Mark McGowan
Sharette Simpkins
AND Alan Jensen, City Attorney
George Worley, II , CD Director
Pat Harris , Recording Secretary
Due to the Chairman's late arrival , Vice-Chairman, Robert
Frohwein, called the meeting to order asked for approval of the
minutes from the meeting of March 21 , 1995. Upon motion duly made
and seconded the minutes were approved.
NEW BUSINESS :
I . Application for Variance filed by Edward H. Morin to erect
a 6-foot fence in the front yard setback of property located at
1849 Seminole Road.
Mr. Morin introduced himself and explained to the board that
the variance was requested to allow the construction of a 6-foot
fence with acoustic lining in the front yard setback of his home .
He stated that the traffic noises from the intersection were so bad
that he could feel the vibrations on the wall of his bedroom. He
explained that noise was energy and buffering was required to
reduce its impact .
Rev. David Jeffries introduced himself to the" board and stated
he and his wife were Mr. Morin' s next door neighbors and indicated
that there was a genuine problem at the location. He told the
board the fence would be a welcome addition to the property for
both of them.
Scott Fletcher pointed out that Section 24-157 (b) requires a
25 foot line of sight restriction at corner intersections for
safety purposes .
Mr . Worley explained that there was a partial 6-foot fence
already in existence that was nonconforming but grandfathered in
under the city' s ordinances .
After discussion, Mr . McGowan moved to grant the variance with
the provision that it not encroach within the 25-foot line of sight
triangle required by Section 24-157 (b) . Mrs . Pillmore seconded the
motion with the request that Mr. Morin report back to the board the
results of the acoustic fence in reducing the noise.
Mr . Wolfson requested that a time limit be placed on the
variance and that it be granted solely to the applicant .
Mr . Worley explained that uses-by-exceptions are granted to
individuals and locations but variances run with the land and not
with the owner of the "property. He stated that the board may
direct that the construction be performed within a certain time
frame.
Mr . Fletcher expressed his concern with the public safety by
reducing the visibility at the intersection and suggested that the
overall length of the fence to the north be reduced by 20 feet to
come in conjunction with the southwest corner of the garage .
Mr. McGowan amended his motion by adding that the fence be
constructed within sixty ( 60) days . Mrs . Pillmore seconded the
motion.
Mr. Fletcher made a substitute motion to grant " the variance
provided that the overall length of the fence to the north be
reduced by 20 feet to bring it in line with the southwest corner
of the garage and to allow the fence to continue east to the garage
with the top of the fence remaining horizontal and not following
the contour of the land.
After discussion the chairman called for a vote on the
substitute motion and it failed by a vote of 6 - 1 .
A vote was then taken on the original amended motion and the
variance was granted by a vote of 4 - 3 with aye votes from Scott
Fletcher, Pat Pillmore, Sharette Simpkins and Mafk McGowan and nay
votes from Mary Walker , Robert Frohwein and Don`Wolfson .
II . Application for Use-by-Exception filed by Eleanor Ann
Spencer to allow additional parking for the Wine Club and Rite Spot
Restaurant at property located at 620 and 640 Sturdivant Avenue.
Bill Noe, attorney, introduced himself to the board and
explained that he represented the owner of the property as well as
the owners of the Wine Club and Rite Spot Restaurant .
After discussion, Mr . Frohwein moved to recommend approval of
the use-by-exception solely to the applicant . Mrs . Pillmore
seconded the motion and it was approved by a unanimous vote .
Mr . Fletcher reported to the board that he had inadvertently
voted incorrectly regarding the variance request in Item I and it
was not his intention to vote to approve the variance. Since his
nay vote would result in a denial the matter was turned over to the
City Attorney for his review.
There being no further business to come before the board on motion
duly made the meeting was adjourned.
SIGNED:
ATTEST:
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t �I- io-9s"
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
MAY 16 , 1995
7 :00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Mary Walker
Pat Pillmore
Sharette Simpkins
Scott Fletcher
AND George Worley, II , CD Director
Alan Jensen, City Attorney
Pat Harris , Recording Secretary
ABSENT Mark McGowan
Don Wolfson, called the meeting to order and asked for the
approval of the minutes from the meeting of April 18 , 1995 . Upon
motion duly made and seconded the minutes were approved.
NEW BUSINESS:
I . Action on Motion to Reconsider the Variance granted to Edward
H. Morin on April 18 , 1995 for property located at 1849 Seminole
Road.
Scott Fletcher restated his Motion to Reconsider the variance
granted to Edward H. Morin and Mrs . Walker seconded the motion.
After discussion, the Chairman called for a vote and the Motion to
Reconsider was passed by a vote of 4 ayes from Scott Fletcher ,
Robert Frohwein, Mary Walker and Don Wolfson and,r2 nays from Pat
Fillmore and Sharette Simpkins .
The Motion to Reconsider will be taken up at the next regularly
scheduled meeting since Mr. Morin could not be present at tonight ' s
meeting .
II . Application for Use-by-Exception filed by Thrower Homes , Inc. ,
to operate a construction office at property located at Suite F,
645 Mayport Road.
Frank Thrower introduced himself to the board and explained that
the use-by-exception was requested to allow him to operate his
construction office at the location . He stated there would be no
outside storage of any construction trucks and telephone and
clerical work only would be conducted at the location .
Mr . Fletcher moved to recommend to the City Commission that the
Use-by-Exception be granted solely to the applicant for the
specified location only and no outside storage be permitted. Mr .
Frohwein seconded the motion and it passed by a unanimous vote .
There being no further business to come before the board on motion
duly made the meeting was adjourned.
SIGNED:
ATTEST:
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ri-to-95
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT DOARU t
STAFF REPORT
MEETING DATE: April 18, 1995 r KMay /f�; ''
•
AGENDA ITEM: # 4a Application for Variance to allow six foot
high fence within the front yard setback.:
area on property located at 1849 Seminole
Road.
The Applicant owns the residence located at the southeast _orner
of 18th Street and Seminole Road. The applicant alleges that the_
traffic noise from the intersection is causing substantial
disturbance to him. He proposes to construct a six foot high
mod privacy fence along his western most property line to ac--
as a barrier to that noise. Due to the dimensions of his lot
the western lot line is his front yard (see definition of Lot .
Corner) and is subject to the restrictions of Section 24-157.
Fences located in the front yard are limited to a maximum heic;r
of four (4) feet. The applicant proposes to install the fence
approximately three feet in from his front lot line and will not
approach closer than 19 feet from his side lot line on the north
( 18th Street) .
Staff has investigated this situation thoroughly and has
concluded that it is very possible that a noise problem cduid
exist . It appears that the only other property with similar
circumstances is the lot directly to the west across Seminole
Road. Because of the dimensions of that lot the Seminole Ro,..c
side is, in fact, the rear yard of the lot which allowed the
owner to install a six foot high fence along his property line.
Staff believes that a hardship exists that is not of the owr:_r_
creation, that the requested Variance is the minimum necessary
to grant relief, and that the Variance, if granted, would not
result in the granting of a special privilege to the applicant .
Staff recommends approval of the Variance as requested.
r
AGENDA ITEM: # 4b. • Application for Use-by-Exception to
construct a parking lot on proper.:.
zoned RG-2 and adjacent to proper-t•,
zoned CG, for the use of the CG
property.
The applicant is the owner of lot 775 together with the e..:.
feet of lot 774, Saltair Section 1 , which• is zoned PG-2,
residential General . The applicant is also the owner of the
adjacent commercial property to the south. The proposed Fat long
Lot will serve that commercial property.
ection 24-162 permits Parking Lots by exception in all zonir:L4
districts provided that such lots are within 400 feet of
beino f I - ,_ _ __
•
fences. The proposed Parking Lot meets the minimum criteria a -
forth in Section 24-162.
Stiff recommends approval of this request conditioned upon tn,_-
•-Ompleted Parking Lot being in full compliance with all of tnt_
requirements of Section 24-162.
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CITY OF ATLANTIC BEACH
CONLNIUNITY DEVELOPMENT BOARD
4 STAFF REPORT
•
MEETING DA 1"h: June 20, 1995
AGENDA ITEM: #4a Reconsideration of Variance granted to Edward Morin,
1849 Seminole Road
The Community Development Board voted at its last meeting to reconsider this
matter and to place it on the agenda for this meeting. Staffhas attached all of the original
documentation to assist the Boards review. In addition, due to the question of visibility at
that intersection, staff has requested a report from the Police Department addressing the
situation and including any appropriate recommendations. The Police Department report
was not available at the time of this documents preparation, but,will be forwarded to you
as soon as possible.
AGENDA ITEM: #4b. Application for Use-by-Exception for 157-D Levy Road to
allow limited outside storage of inoperable automobiles on
property zoned ILW.
The applicant owns Imports Unlimited, a business which restores British made
automobiles. The business necessitates a considerable amount of vehicle disassembly and
the storage of parts. Most of the storage is within the main structure, but a number of
partially disassembled automobiles are stored outside due to space considerations.
Because of state law requirements the disassembled automobiles must often be held by the
applicant for 90 to 120 days before they can be disposed of This applicant was granted a
temporary Use-by-Exception which has expired. The outside storage area is surrounded by
a six foot high fence.
Staff believes that this applicant has shown that he can manage the storage of the
disassembled automobiles without giving the appearance of a junk yard Staffrecommends
approval of the request with the following conditions:
1) All outside storage be within the fenced area r
2) No individual disassembled automobile may be stored for more than 120 days.
3) This exception is granted to the applicant only and for the specified location
only.
4) To facilitate enforcement of these conditions, the Code Enforcement Officers of
the city must have access to the storage area Vehicles stored in violation of the
above conditions must be immediately removed and the Use-by-Exception may
be revoked by the City Conunission_
AGENDA ITEM: #4C Application for Variance to construct swimming pool in
front yard of residence at 1760 Ocean Grove Drive.
The applicant owns a residential lot and home at the above address and desires to
construct a swimming pool in the front yard of the structure. The applicant alleges that due
to a combination of trees, pavement areas, and a lack of direct access from the rear of the
dwelling(the back door opens into the garage), that he cannot construct his pool in the rear
or side yard as required by Section 24-164(2)a The applicant proposes to construct the
pool in the front yard of the residence, but in compliance with the required setbacks for
swimming pools.
Staff acknowledges that a pool of the proposed size cannot be located in the rear
yard of the residence. Positional conflicts with trees and the garage severely limit the size
of any pool constructed in the rear yard. Trees will need to be removed for a pool in either
the front or the rear yard. A smaller pool, albeit one without direct access from the
residence, can be constructed in the rear yard and in compliance with the regulations set
out in Section 24-164. Staffrecommends denial of the requested Variance.
aftchi,t4,,,e. 1-/0-95
y =RAFT COPY
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH , FLORIDA
JUNE 20 , 1994
7 : 00 P .M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
Sharette Simpkins
Scott Fletcher
AND Alan Jensen, City Attorney
George Worley, II , CD Director
Pat Harris , Recording Secretary
ABSENT Mark McGowan
Chairman Don Wolfson called the meeting to order and asked
for approval of the minutes from the meeting of May 16 , 1994 . Upon
motion made and seconded the minutes were approved.
NEW BUSINESS :
I . Reconsideration of Variance granted to Edward H. Morin on
April 19 , 1995 for property located at 1849 Seminole Road.
At the meeting on April 19 , 1995 , Mr . McGowan moved to grant the
variance with the provision that it not encroach within the 25-foot
line of sight triangle required by Section 24-157(b) . Mrs .
Pillmore seconded the motion with the request that Mr . Morin report
back to the board the results of the acoustic fence in reducing the
noise . Mr . McGowan further amended the motion by adding that the
fence be constructed within 60 days . Mrs . Pillimore seconded the
motion as amended. The motion was approved by a vote of 4 - 3 .
The Chairman explained that after the board granted the variance
to Mr . Morin there was a motion for reconsideration. Guidance was
requested from counsel and at the May 16, 1995 meeting the motion
for reconsideration was approved. Mr . Morin could not attend the
May meeting so the matter was scheduled for tonight ' s meeting .
By Roberts Rules of Order , reconsideration placed the original
amended motion back on the table as if no vote had taken place .
Mr . Fletcher moved to amend Mr . McGowan 's motion by striking
•
"that the fence not encroach within 25-foot line of sight traingle
required by Section 24-157(b)" and insert "that the overall length
of the fence to the north be limited to and in line with the
southwest corner of the garage and to allow the fence to continue
east to the garage" .
Mr. Frohwein pointed out that the amendment would be granting
something not requested by the applicant . The City Attorney
advised that it would be inappropriate to amend the request for
variance without the applicant ' s consent . Mr . Fletcher withdrew
his motion.
Mr. Morin suggested to the board an alternative acceptable to him.
Mr. Morin stated that there exists on the property a 6-foot fence
and 3-foot fence. He requested that that he be allowed to amend
his application by tying in to the 6-foot section and set it back
from the north side of the garage approximately 8 feet .
Mrs . Pillmore moved to grant the original amended motion of Mr.
McGowan, with the amendment requested by Mr . Morin. Mr. Wolfson
seconded the motion.
Mr. Frohwein moved to strike the portion of the original amended
motion requiring Mr. Morin to report to the board regarding the
acoustic fence. Mr. Fletcher seconded the motion.
The Chairman stated Mr . Morin had agreed at the April 19 , 1995
meeting, to report to the board the results of the acoustic fence.
The Chairman called for a vote on the motion by Mr . Frohwein and
the motion failed by a tie vote with three aye votes from Mr .
Frohwein, Mr. Fletcher and Mrs . Walker and three nay votes from
Mrs . Pillmore, Mrs . Simpkins and Mr . Wolfson.
The Chairman called for a vote on the motion made by Mrs . Pillmore
to move the fence south 8 feet as described by Mr. Morin. The
motion passed with four aye votes from Mrs ... Pillmore, Mrs .
Simpkins , Mr. Frohwein and Mr . Wolfson and two nay votes from Mr .
Fletcher and Mrs . Walker.
Mrs . Walker stated she wanted to go on record that she is opposed
to allowing a variance for a 6-foot fence in a front yard which
would obstruct the line of sight .
The Chairman called for a vote on the original motion made by Mr.
McGowan with the two amendments . The motion failed with three aye
votes from Mrs . Simpkins , Mrs . Pillmore and Mr . Wolfson and three
nay votes from Mrs . Walker , Mr. Fletcher and Mr . Frohwein.
Mrs . Pillmore moved to grant the variance for the fence as proposed
being 6-feet in height running from just off his property line
north, being 8-foot short of his original request and that Mr.
Morin need not report back to the board with his findings regarding
the acoustic fence and that the fence be completed within 60 days .
Mr. Fletcher seconded the motion. A roll call vote was taken and
the result was 3 aye votes from Mrs . Pillmore, Mrs . Simpkins and
Mr. Wolfson and 3 nay votes from Mr. Fletcher, Mr. Frohwein and
Mrs . Walker . There being no further motions, the variance was
denied.
II . Application for Use-by-Exception filed by Dewey Miller of
Imports Unlimited to allow outside storage of automobiles for his
repair and restoration business located at 157-D Levy Road.
Mr. Miller introduced himself to the board and stated that he has
been in business at this location 6 years . He explained that he
was previously granted a use-by-exception which he thought was
permanent but recently discovered through the Code Enforcement
Officer that the use-by-exception had been granted for only 120
days .
After discussion, Mrs . Pillmore moved to recommend approval of the
use-by-exception to the City Commission with the following
conditions :
a. All outside storage be within the fenced area;
b. No dissassembled automobile be stored for more than 120 days;
c. The use-by-exception be granted solely to the applicant for
the specified location;
d. The Code Enforcement Officers be allowed access to the storage
area and vehicles stored in violation must be immediately
removed and the use-by-exception may be revoke by the City
Commission.
Mr . Frohwein seconded the motion and it was unanimously approved.
III . Application for Variance filed by Charles Ackerman to
construct a swimming pool in the front yard of property located at
1760 Ocean Grove Drive .
Mr. Ackerman introduced himself to the board and stated that he
purchased the property two years ago and has remodeled the
structure extensively. He presented pictures to the board of the
improvements he has made to the property.
Mr . Ackerman explained that the area would be enclosed by a pre-
existing 6-foot wall on the front property line and by adding a 6-
foot wood fence on the south line and a 4-foot chainlink fence on
•
the north line with a security gate at the entrance. He stated
that the only access to a swimming pool in the rear yard was
through the garage. He indicated that if the variance was not
approved he may dispose of the property.
After discussion, Mr. Wolfson moved to deny the variance request .
Mrs . Fillmore seconded the motion and the variance was denied by
5 aye votes by Mr. Wolfson, Mrs . Walker, Mr. Frohwein, Mrs .
Fillmore, Mrs . Simpkins and Mr. Fletcher and 1 nay vote from Mr .
Frohwein.
Mr. Worley delivered copies of proposed amendments to Chapter 24
of the code of ordinances to the members and requested they review
them and schedule special meetings for discussions regarding their
review. He stated he would like to deliver the amendments to the
City Commission by November 1, 1995 .
The board decided to hold the first special meeting at 6:00 p.m.
on July 18 , 1995 .
There being no further business to come before the board on motion
duly made the meeting was adjourned.
SIGNED:
ATTEST:
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7--/0-95
MEMORANDUM
TO: Chief David Thompson
FROM: George Worley, Community Development Director
DA i E: June 7, 1995
SUBJECT: Traffic safety and sight distances at 18th Street&Seminole Road
Atthrhed is a site drawing of the southeast corner of 18th Street and Seminole Road
showing the proposed location of a six foot high stockade type fence. Questions have been raised
about the potential for the proposed fence obstructing visibility. The zoning code requires a"sight
triangle" as shown on the drawing(drawn in red)from the intersection of the two rights-of-way.
The question which has arisen relates to sight distances outside of that triangle. Specifically sight
distances from vehicles north bound on Seminole Road prior to reaching the stop sign.
I am requesting that your department review this situation with the intention of determining
if a visibility problem exists at the intersection, and whether the proposed fence will adversely
impact tragic safety or pedestrian safety in the immediate area The Community Development
Board will meet the 20th of this month to consider the proposed fence. Ifyou can respond prior to
that date I would greatly appreciate it.
Thank you for your assistance.
M iii O R N Li U h
10 : DAVID E . THOMPSON
CHIEF OF POLICE •
FROM : K . M . WILSOFe .
PIC , TRAFFIC UNIT
DATE : 06/10/95
SUBJECT POSSIBLE TRAFFIC PROBLEM Al IfiTH STREET AND SEMINOLE ROAD .
CHIEF I HAVE REVIEWED 1HE AREA IN QUE ;1 LON AND I FEEL 1H15 FENCE WOULD NOT
PRESENT A TRAFFIC SAFETY OR A PEDESTRIAN SAFETY PROBLrM 1N THIS ARCA .
THE FENCE WOULD BE 40 TO 50 FEET AWAY FROM THE ROADWAY OF SEMINOLE ROAD AND I Ur
NOT SEE ANY PROBLEM FROM THE 18TH STREET AREA .
cc ,`FILE
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1849 Seminole Rd_
Atlantic Beach
H. 32233
Kim D. Leinbach City Mgr.
City of Atlantic Beach
Subject : Petition for a Varience by Edward H. Morin of above
address to erect a 6 ft. fence as shown on plot plan
(attached) for purpose of noise abatement from vehicle
traffic accellerating away from the "STOP" signs at the
intersection of Seminole Rd. and 18 th St.
Reference : Action of Atlantic Beach " Community Development
Board to deny subject variance on "re-consideration"
after having granted the variance during the April 18 th
meeting
Gentlemen ;
I wish to appeal the decision of the Community Development Board to
deny my petition for subject variance . Please arrange for this matter to be included in
the agenda of the City Commissioners Meeting at your earliest convienience . I would
also appreciate your suggestions for any additional documentation you may feel is
necessary to support my case in this appeal .The original variance was put on the table
for re-consideration because one of the C.D. Board Members suggested that a safety
problem may result from erecting the fence _ I am including with this letter copies of the
marked up plot plan and a traffic safety report which verifys that there would not be a
public safety problem resulting from this variance , Please note that this "Marked Up" plot
plan which provides for an 8' setback from the northwest corner of my garage was
agreed to by me at the last meeting of the C.D-BOARD in order to guarantee that there
would not be a visibility or public safety problem . This was done even though the police
report acknowledged that the original plan was O.K. I would also like to point out that the
elevation of the land in way of the proposed fence is 37" below the grade level of the
road which dramatically reduces the esthetic impact on the neighborhood . This fact
however makes it imperative that a 6 ft. fence be placed as close as possible to the
noise source in order to achieve maximum possible noise abatement .
l appreciate your cooperation on this subject and look forward to hearing from you soon .
i can be reached anytime at 246-2110
Edward H. Morin
,71111
,
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