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Oct. 21, 2014 Signed MinutesMINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD October 21, 2014 1. CALL TO ORDER. - 6:01 pm Chair Brea Paul verified that all board members are present, with the exception of Kelly Elmore. The meeting was called to order at 6:01 pm. Also present was Building and Zoning Director, Jeremy Hubsch; Zoning Technician, Derek Reeves; Recording Secretary Jenny Walker, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mr. Rob Bradley. 2. ADOPTION OF MEETING MINUTES - August 19th, 2014. Brea Paul called for a motion to approve the minutes of the August 19, 2014 regular meeting. Sylvia Simmons made a motion to approve the minutes of the August 19, 2014 meeting with the amendment: Mr. Hansen made a motion to put Sec. 24 -84 (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage Tots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. Mr. Elmore seconded it. This passed 7 -0. This recommendation will now go before the City Commission. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. PLAT -14- 00100036 Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances for Atlantic Beach Country Club Unit 2. Staff Report Jeremy Hubsch stated this is a request for approval of Unit 2 of Atlantic Beach Country Club. Over the summer Unit 1 was approved for the first 17 units. This is for the remaining 161 lots. They were approved for up to 180 lots so they will end up 2 under the maximum allowable approved lots. The Plat Map submitted to the city matches the approved Special Planned Area Master Development Plan Map and SPA Text. This does require the CDB recommendation for approval then will go to the City Commission. This is a formality. Kirk Hanson made the motion to recommend approval. Harley Parkes seconded. All approved. B. PLAT -14- 00100039 Staff Report Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances at Selva Marina Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle). Derek stated the applicant is requesting approval of a re -plat of their property, which is a 38,000 square foot parcel located at the end of the cul -de -sac, Selva Marina Circle and is part of Selva Marina Unit 1 in the RS -L zoning district. The applicant originally requested a variance so that they could be granted a relaxation of the strict, literal interpretation of Section 24- 256(a) so that they could divide their property and create two buildable lots. The condition for approval is that the applicant demo the existing structure. The applicant did make a minor adjustment on the dividing line of the lot so that the street frontage would be more equal. One lot is 17K square feet and the other is 20K square feet. The board needs to recommend approval or denial to the City Commission. The applicant has asked for 120 days to receive their permitting and commence demolition of the structure. Public Comment Ashton Hudson of 319 12th Street spoke saying his wife and he purchased their home believing that the cul -de -sac would stay all big lots and not be allowed to split them up and change the character of the cul -de -sac. He believes it is a safety issue to have the two driveways so close together. He is against the lot split and asks the board to look at the lot before approving this plat. Board Discussion Board discussed and stated that they have already basically approved this when they voted to recommend the applicant move the building restriction line back to meet the code requirement. Motion Harley made the motion to recommend approval, with the condition of removing the entire structure within 120 days and Linda seconded. All approved. Staff Report C. ZVAR -14- 00010040 Request for a variance as permitted by Section 24 -64 for a reduction in front yard setback from 20 feet as required by Section 24 -106 (e)(1) to 10 feet at Atlantic Beach Subdivision Block 25, Lot 1 (aka 320 Beach Ave). The applicant, Lindley Tolbert is the owner of 320 Beach Avenue. The property is a through lot between Beach Avenue and Ocean Boulevard, located on the north side of 3rd Street. The applicant has recently purchased the property and is planning to demolish the existing structures on site to make room for a new single family home. The applicant is requesting to build the new home 10 feet from the Ocean Boulevard property line. The need for the variance is because there is a 20'front yard setback and 20' rear yard setback. The applicant has stated that they could work with a 15' front yard setback. Derek discussed the grounds for approval and denial. Applicant Comment Lindley Tolbert, 465 Beach Avenue states that she is just trying to create a yard on this lot, and a little bit of privacy. She really doesn't want to build a 3 story either. She thinks she could make this work with a 15' setback on Ocean Blvd with a 20' setback on Beach Ave, because there is no buffer on Beach Ave. Public Comment Rich Reichler of 2025 Beach Ave states that the width, depth and topography of the lot is standard for Old Atlantic Beach lots. The want for a larger courtyard does not constitute the approval for a variance. He feels that her relief from law change is a direct result of her own actions and that the board deny this variance. Vicki Reynolds, 328 Beach Ave, they are the north neighbors on the north side. She would be okay with a 15' Ocean Blvd setback. Heath Aldridge, owner of several properties in Atlantic Beach, states she thinks the applicant should have to comply with both 20'setbacks and that the applicants grounds for approval do not comply with any of the reasons for approval. Board Discussion The board discussed all of the grounds for approval and denial. Patrick states the board needs to be consistent with their discussion. The attorney states the boards' job is to look at the variance with the law as it is today. If one of the reasons for approval or denial of this variance is appropriate then you must base your grounds of decision on that. Kirk stated the first job of the board is to defend the code. Jeremy says there would be a 20' setback either way. The only change is the garage can be facing Ocean Blvd. Board discussed reasons for approval and denial. Motion Linda makes a motion to deny ZVAR- 00100040. Patrick seconded. Denied in favor of 4 for denial to 2(Brea and Kirk) in favor. D. ZVAR -14- 00100041 Request for a variance as permitted by Section 24 -64 for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line one corner lots where the abutting right -of -way is 50 feet wide or less as required by Section 24- 157(c)(1) at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave). Staff Report Derek states that the applicant, Lindley Tolbert is the owner of 320 Beach Avenue. The property is a through lot between Beach Avenue and Ocean Boulevard located on the north side of 3rd Street. The applicant has recently purchased the property and is planning to demolish the existing structures on site to make room for a new single family home. The Applicant is requesting to build a 6 foot fence on a portion of the 3rd Street property line. The applicant is willing to build a 5 foot fence instead of a 6 foot. A variance is needed for this design according to Section 24- 157(c)(1) which states, `for corner lots located on rights -of -way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street." The 3rd Street right -of -way is 40 feet wide. Applicant Comment Lindley Tolbert, 465 Beach Ave, states she is trying to create a courtyard. She could make it work with a 5ft fence on the property line on 3rd Street 40' from Ocean Boulevard, 20' from Beach Ave. Public Comment Vicki Reynolds, 328 Beach Ave. states that she thinks a 4' fence and landscaping would work on this property. Mr. Jorgenson, 92 W. 3rd St, had a question regarding if the 3 mailboxes are legal. Board Discussion Sylvia states that we don't want to end up with streets lined with 6ft fence after 6 ft fence. She believes that the board should deny this variance based on denial reasons #5 "The aesthetic environment of the community ", and #7 "The general health, welfare or beauty of the community ". Sylvia also says the applicant could use landscaping for more privacy. Motion Another Public Comment Reports Harley agrees with Sylvia. Brea is against the 6ft fence. Sylvia makes a motion to deny ZVAR -14- 00100041, based on #5 "The aesthetic environment of the community" and #7 "The general health, welfare or beauty of the community ". Harley seconded motion. All in favor for denial, 6 -0. Mr. Jorgenson states that when talking about protecting the tree canopy the City needs to discuss the trees close to the power lines. E. Beach Avenue and Ocean Boulevard Through Lots Code Staff Comments Jeremy states that the board wanted to revisit their suggestions for the City Commission to make changes to code Section 24 -84. Jeremy gave a presentation and stated that this would change the code back to how it has been since the early 20th Century. Motion After much board discussion, Kirk Hanson made a motion to restore the original wording by adding paragraph (c) back into the code as it was before. Sec. 24 -84 (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. Patrick seconded the motion. Motion carried 6 -0. Jeremy states they will be added to the agenda for November 10th meeting. Motion Kirk made a motion to adjourn, Sylvia seconded, all in favor 6 -0. 5. Adjournment. Adjournment at 8:03. &__ 1 l � Brea Paul, Chair Attest