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09-29-86 v MINUTES OF THE WORKSHOP MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT CITY HALL ON SEPTEMBER 29, 1986 AT 7:15 P. M. Mayor Howell opened the Workshop meeting at 7:15 p.m. for discussion reltative to establishing a Special Use District in Section H. Those present were Mayor William S.Howell, Commissioners Robert B. Cook,Sr. , Glenn A. Edwards, William I. Gulliford, Jr. , and John W. Morris, Jr. , City Manager Richard C. Fellows, City Attorney Claude L. Mullis, City Clerk Adelaide Tucker, and Mr. Raymond Dagley accompanied by his attorney, Alan C. Jensen. Mr. Harry Mahon, representing other citizens, was also present. A point of concern was the fact there appeared to be some land involved in the proposed Special Use District that was recently purchased by Mr. Dagley or members of his family and some members of the Commission had assumed he had owned all the lots in question for many years. Blks 129 and 143 were purchased in August 1985. Mr. Jensen responded that Mr. Dagley had been using Blks 139 and 143 for a period of time before he purchased the lots, and they were contiguous to his property and family business. Since 1952 there had been property used or purchased with an agreement for deed for Mr. Dagley's junk yard. Mr. Dagley furnished the Commission with background history. He moved to Atlantic Beach in the Section H area in 1952 and brought some cars with him. While working on various jobs,including the runway at the base, he continued to purchase cars, and land to put them on. When the new zoning was passed in 1959, junk yards were excluded, so he was "grandfathered in" from that point in time. Each time a new City Manager was hired, they would try to evict him until they learned he was "grandfathered in" so he continued to purchase land to put cars on. (Some were under an agreement for deed) . It was his under- standing the zoning Ordinance referred to use rather than ownership of property to qualify for protection under the grandfather clause. The first block he purchased was 111 in 1952 under an agreement for deed. Blks 110, 112, 113, 141 and 142 were also being used as a junk yard in 1952 and with the exception of 141, were purchased under an agreement for deed. Subsequent to that, he acquired Blks 117, 118, 119, 139, 140, and 143. Mr. Mullis said, in response to an inquiry from Commissioner Gulliford, there was not a time limit on a "grandfather clause". Generally, an Ordinance would provide if the business discontinued for six months, it would have to then be made into conforming use, and if a building was demolished over six months it would have be conforming. He added in order to be "Grandfathered In", it had to be something that was legally permitted at the time the zoning law was changed. Mr. Jensen expressed the opinion there was no zoning prior to 1959. Commissioner Morris pointed out the original zoning Ordinance, passed in 1940, designated the particular property owned by Mr. Dagley as unrestricted property, with the exception of nuisances. Mr. Mullis explained in detail the current provisions of being "grandfathered in." You could operate a business, but not extend or expand, except on lots within an enclosed building, which was necessary for the operation of that particular occupation, so long as it didn't affect the public health, safety and welfare of the citizens of Atlantic Beach. MINUTES OF THE WORKSHOP MEETING OF THE ATLANTIC BEACH CITY COM- 411 MISSION HELD AT CITY HALL ON SEPTEMBER 29, 1986 AT 7 :15 P. M. Mayor Howell opened the Workshop meeting at 7:15 p.m. for discussion reltative to establishing a Special Use District in Section H. Those present were Mayor William S.Howell, Commissioners Robert B. Cook,Sr. , Glenn A. Edwards, William I. Gulliford, Jr. , and John W. Morris, Jr. , City Manager Richard C. Fellows, City Attorney Claude L. Mullis, City Clerk Adelaide Tucker, and Mr. Raymond Dagley accompanied by his attorney, Alan C. Jensen. Mr. Harry Mahon, representing other citizens, was also present. A point of concern was the fact there appeared to be some land involved in the proposed Special Use District that was recently purchased by Mr. Dagley or members of his family and some members of the Commission had assumed he had owned all the lots in question for many years. Blks 129 and 143 were purchased in August 1985. Mr. Jensen responded that Mr. Dagley had been using Blks 139 and 143 for a period of time before he purchased the lots, and they were contiguous to his property and family business. Since 1952 there had been property used or purchased with an agreement for deed for Mr. Dagley's junk yard. Mr. Dagley furnished the Commission with background history. He moved to Atlantic Beach in the Section H area in 1952 and brought some cars with him. While working on various jobs,including the runway at the base, he continued • to purchase cars, and land to put them on. When the new zoning was passed in 1959, junk yards were excluded, so he was "grandfathered in" from that point in time. Each time a new City Manager was hired, they would try to evict him until they learned he was "grandfathered in" so he continued to purchase land to put cars on. (Some were under an agrement for deed) . It was his understand- ing the zoning Ordinance referred to use rather than ownership of property to qualify for protection under the grandfather clause. The first block he pur- chased was 111 in 1952 under an agreement for deed. Blks 110, 112, 113, 141 and 142 were also being used as a junk yard in 1952 and with the exception of 141, were purchased under an agreement for deed. Subsequent to that, he ac- quired Blks 117, 118, 119, 139, 140, and 143. Mr. Mullis said, in response to an inquiry from Commissioner Gulliford,there was not a time limit on a "grandfather clause". Generally, an Ordinance would provide if the business discontinued for six months, it would have to then be made into conforming use, and if a building was demolished over six months it would have be conforming. He added in order to be "Grandfathered In",it had to be something that was legally permitted at the time the zoning law was changed. Mr. Jensen expressed the opinion there was no zoning prior to 1959. Commissioner Morris pointed out the original zoning ordinance, passed in 1940, designated the particular property owned by Mr. Dagley as unrestricted property, with the exception of nuisances. Mr. Mullis explained in detail the current provisions of being "grandfathered in." You could operate a business, but not extend or expand, except on lots • within an enclosed building, which was necessary for the operation of that particular occupation, so long as it didn't affect the public health, safety and welfare of the citizens of Atlantic Beach. PAGE TWO WORKSHOP MEETING SEPTEMBER 29,1986 Following discussion on how to solve the problem, the suggestion was made allow Mr. Dagley to operate if he would agree to a buffer and to fence the property.