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Amended Agenda Item 8BAGENDA ITEM: SUBMITTED BY: DATE: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM# 8B DECEMBER 9, 2013 AGENDA ITEM NO. ------------------- Land Development Code Section 24-163 Parking Recreational Vehicles in Residential Zoning Districts UPDATE Michael Griffin, CBO, CFM, Building and Zoning Director ~ December 01, 2013 STRATEGIC PLAN LINK: N/A BACKGROUND: This is in follow-up to the November 25, 2014 Commission Workshop related to parking boats and trailers in the front yard. As indicated in the November 19, 2014 Community Development Board meeting the board voted unanimously to recommend to the City Commission to keep the current regulations unchanged and to not allowed boats, trailers and recreational vehicles to be parked within fifteen (15) feet from the front property line in residential districts. A review of the statistics provided to the Community Development Board reveal that of the 21 boats found in violation, during a recent city wide survey, 13 could be relocated to be in compliance without changing the physical characteristics of the property. Of the eight boats that could not be relocated, staff estimates that fencing, trees or side yard setback of the existing structure would need to be altered. Side yard setback appeared an issue in approximately 4 cases. During the November 25, 2014 workshop the topic of variance was discussed to allow boats to be located within the required front yard. City Code Section 24-64 (c) (7) Variances states "Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances or for relief from situations created by the property owner." It appears that allowing a recreational vehicle within the required front yard would be a circumstance created by the property owner. A review of storage facility costs for recreational vehicles indicate a range from $75.00-$100.00 monthly for a space adequate for a 20 foot boat. BUDGET: No impact RECOMMENDATION : ATTACHMENTS: AGENDA ITEM # 8B DECEMBER 9, 2013 Motion to accept the 19 , 2013 Community Board recommendation to keep the current regulations regarding parking recreational vehicles in place. Or, amend the current ordinance to allow parking of a maximum 20 foot recreational vehicle in the front yard. November 19 , 2013 Community Development Board draft minutes and staff report . AGENDA ITEM: SUBMITTED BY: DATE: AGENDA ITEM# 8B DECEMBER 9, 2013 AGENDA ITEM NO. SB DATE: ____ ~1~2~·--~q~._-_1=·3~_ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Land Development Code Section 24-163 Parking Recreational Vehicles in Residential Zoning Districts Michael Griffin, CBO, CFM, Building and Zoning Director ~ November 20,2013 STRA TEGICPLAN LINK: N/ A BACKGROUND: At the November 19, 2013 Community Development Board meeting the board voted unanimously to support not changing the current recreational vehicle parking requirements within residential zoning districts. The board indicated the requirement should be kept in place as written so not to encourage additional parking of recreational vehicles within the required front yard setback. Attached is a copy of the November 1, 2013 Community Development Board staff report and the draft minutes of the November 19, 2013 meeting. BUDGET: RECOMMENDATION: ATTACHMENTS: No impact Motion to accept the November 19, 2013 Community Board recommendation to keep the current regulations regarding'parking recreational vehicles in place. November 19,2013 Community Development Board staff report and draft minutes of the meeting. City of Atlantic Beach Building and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5800 Fax (904) 247-5805 www.coab.us Memorandum To: Community Development Board From: Michael Griffin, CBO, CFM Building and Zoning Director Date: November 1, 2013 AGENDA ITEM# 8B DECEMBER 9, 2013 Re: Land Development Code Section 24-163 Parking Recreational Vehicles in Residential Zoning Districts At the October 15, 2013 Community Development Board meeting the issue of parking recreational vehicles in residential districts was discussed. This item was deferred to the November 19, 2013 meeting to allow staff additional time to provide information related to the number of violations that have occurred, site boundary information related to street pavement and property lines and additional photographs of violations. As requested, below are statistics taken from a recent street survey of boats, trailers and campers parked throughout the City. Also, below is the number of violations reported on the monthly code enforcement report from September 2012 to October 2013. Attached is a copy of Sec. 24-163.- Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. Survey Conducted October 22, 2013 Boats in violation 21 Boats found in compliance 28 Trailers/Campers in violation 5 Trailer/Camper in compliance 9 (13 could be relocated on property to be in compliance) Vehicle violations related to boats/campers/trailers per monthly code enforcement report September 2012 -March 2013 -62 ( 9 average complaints per month) April 2013 -October 2013-73 ( 10 average complaints per month) AGENDA ITEM# 8B DECEMBER 9, 2013 (bj Recreatipnal vehicles stored or parked on any residential lot shall be subject to the following provisions: (1) Not more than one (1) recreational vehicle,. boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat traifer, or other type of trailer. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall tie parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot.· (3) Recreational vehicles, travel trailers or motor homes shall not be ·inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential Lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code, shall not be parked or stored in any zoning district. Further, mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and perforll)ed on a vehicle owned by the occupant of the residential property. (d) No materials, supplies, appliances or equipment·used or designed for use in commercial or industrial operations sha!! be stored in residential zoning districts, nor shalf any home appliances or interior home furnishings be stored outdoors in any residential zoning district. (e) The provisions of this section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connection with the construction of a ~uilding on the property, which has been approved In accordance with the terms of this chapter or to commercial or recreational vehicles· parked within completely enclosed buildings. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD November 19,2013 AGENDA ITEM# 8B DECEMBER 9, 2013 1. CALL TO ORDER.-6:06pm . . .......... . Chair Brea Paul verified the presence of a quqr~rnVviththe attendance ot Kelly Elmore, Harley Parkes, Patrick Stratton and Sylvia Sirnrrlons. Th~ t)'leeting was called to order at 6:06pm. Also present was the Bllilding and Zoning .·.Official, Michael Griffin, Redevelopment and Zoning Coordinator,Jeremy Hubsch and Rec;ording Secretary Jenny Walker. Kirk Hanson arrived at 7:00pm,Jaspn Burgess was absent. '• ,,:' .. 2. ADOPTION OF MEETING MIN(J'fES-Octoberi!J,2.~13. Brea Paul called for a motio~~~o ?pprove the n1inutes of the October 15, 2013 regular meeting. Kelly Elmore moved;Jhat minutes be approved as written. Patrick Stratton seconded the motion and it carried by a vote of 7-0. 3. OLD BUSINESS.None. 4. REPORTS. A~ Boa~ a,nd Trai~rs. Brea Pau.I .. asked for a vote by show of hands to take the · Agen~ ()Ut ofor~r and discus~ Boats and Trailers ahead of New Business based onJIJ.~ numb~J; of citizens in attendance to speak on this topic. Brea Paul statedthe.BoatS and Trailers Ordinance was discussed at the October 15th p.teeting and th~ Board ~ad asked staff for some additional details to include th~ actual num.l:J~r of violations that were actually present. Michael Griffin sp~Jt~.stating th~ IJoard asked for some site boundary information, some Code Enfo~¢~111ent illfq,rmation and staff did a survey of 80% of Atlantic Beach and found tb,a,t ~h~re were 21 boat violations, 13 of the violations could be relocatedollthe property and be found in compliance. 28 boats were found in compliance. Five trailers and campers were found in violation and 9 trailers and campers were found in compliance. On the Code Enforcement issues the City receives an average of 10 complaints per month for boats and trailers or recreational vehicles in the front yard Mr. Griffin refreshed the boards memory that Jacksonville, St. Augustine, Neptune Beach and St. Johns County have the same regulations of no boats or trailers in the front 20ft front yard setback. Jacksonville Beach allows one 20ft boat in the front yard setback. Atlantic Beach is less restrictive than Jacksonville, Neptune Beach, St. Augustine and St. Johns County by allowing the boat to be 15ft from the front property line. The Board also asked for some boundary information. Mr. Griffin showed a sample plat and stated that when plats are created houses generally have a 20ft front yard setback, anything beyond that 20ft setback is Page 1 of2 Draft Minutes of the October 15, 2013 regular meeting of the Community Development Board AGENDA ITEM# 8B DECEMBER 9, 2013 in the right of way. He then showed several examples of compliant lots and noncompliant lots. Kelly Elmore questioned how long time wise can a boat or recreational vehicle be in the right of way before Code Enforcement will ticket it. Mr. Griffin responded stating Code Enforcement will leave a courtesy notice first and give the property owner a reasonable time to correct the problem. Mr. Elmore asked if the homeowner states that it is a visitor and it will be removed in a few days, Mr. Griffin indicated the City will work with them. The first public speaker was Mr. Paul Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because everyone in Atlantic Beach has different lot lines, he feels the only way the City can uniformly enforce the Boats and Trailers Ordinance is to change the wording on code section B2 from stating "15 ft setback from the lot line" to read "15ft setback from the paved street." He states that would put him in compliance. The second p~plic speaker was Michael Hampton, 651 Begonia Street. He stated soll1eone from ~he City came to his property yesterday and told him he could take down 2 trees on the lot and move his boat back and be in compliance. He said it is absurd for him to remove trees and that too many trees have beenremoved in Atlantic Beach already. He states again that "he will not remove his boat, the City can fine him all they want and he will not move his boat". The third speaker was Linda Spencer, 282 Magnolia Street. She <lgrees with hollJ.eowners having home rights but her neighbors have their boat parked right underneath her bedroom window. She is in favor of the Ordinance the way it . is. Final speaker was Chris Lambertson, 357 12th St. Mr. Lambertson believes the issues with boats and trailers started because of the Jack ()f code enforcement in the past. Mr. Lamb~rt:son believes that our codes <l.fe toolax for boats aesthetically and the noise factor and t.hat the City ~h(}uld increase the setback for boats, trailers and recreational vehicles. Kelly Elmore stated that this ordinance is in place for a reason and we (lo have the most lax ordinance compared to surrounding mmlicipalities. He feels the ordinance should be left just as it is. The ordin<tnce withholds the standard aesthetic throughout the City. Harley Parkes stated that he agrees with Mr. Elmore. Sylvia Simmons stated that she drove all over the City and was surprised at how few violations she saw. She doesn't think the Ordinance sho~ld be changed at alL Brea Paul says she concurs with all the other board members, we have the most lax code already. Kelly Elmore made a motion to keep the Boats and Trailers Ordinance as written in place, unaltered Harley Parkes seconded the motion and it carried by a unanimous vote of 6-0. The remaining items of this meeting will be completed at a later date. Page 2 of2