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17-03-19-2002 CDB MinutesAGENDA ~~ COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH March 19, 2002 at 7:00 p.m. 1. Call to Order. 2. Approval of Minutes of the meeting of February 19, 2002. 3. Recognition of Visitors. 4. Election of Officers. 5. Old Business. None. (The application to review a Preliminary Plat for an eight (8) lot subdivision within the RS-1 Zoning District, located at 2394 and 2428 Seminole Road has been withdrawn. The request may be revised, and a new application submitted at a, future time.) 6. New Business. a. Request for a Variance to allow a structure (metal awning) to encroach into a required twenty {20} foot front yard and a required fifteen (15) foot street side yard on a corner lot within a Commercial General (CG} Zoning District on property located at 501 Atlantic Boulevard. b. Request for a Variance to allow an attached garage to encroach a distance of twelve (12) feet into a required twenty (20} foot rear yard on asingle-family lot within a RS-2 Zoning District on property located at 331 Seventh Street. c. Request to consider a recommendation to the City Commission related to an application for a Use-by-Exception within a Commercial General (CG) Zoning District to allow a custom motorcycle sales and service business, proposed to be located at 1420 Mayport Road. 5. Other reports or business not requiring action. 8. Adjournment. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at the meeting, he or she will 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 includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, $00 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. MINUTES OF MEETING OF COMMUNITY DEVELOPMENT BOARD March 19, 2002 A regular meeting of the Community Development Board was held Tuesday, March 19, 2001, in the City Hall Commission Chambers. Present were Chair Don Wolfson, Craig Burkhart, Robert Frohwein, Karl Grunewald, Samuel Jacobson, Steve Jenkins and Community Development Director Sonya Doerr. 1. Call to Order The meeting was called to order at 7:00 p.m. 2 Approval of Minutes of Meeting of Februarv 19, 2002 A motion was made by Mr. Frohwein, seconded by Mr. Burkhart and unanimously carried to approve the Minutes of the Community Development Board meeting of February 19, 2002. 3 Recognition of Visitors None. 4. Election of Officers A motion was made by Mr. Burkhart and seconded by Mr. Wolfson to recommend Mr. Frohwein for the Vice Chair position. A motion was made by Mr. Burkhart and seconded by Mr. Jenkins to elect Mr. Wolfson for the Chair position. A vote was called and the Board unanimously approved Mr. Frohwein for Vice Chair and Mr. Wolfson for Chair. Mr. Wolfson suggested that the Board look into term limits. 5. Old Business None. (20) foot front vard and a reauired fifteen (15) foot street side yard on a corner lot within a Commercial General (CG) Zoning District on property located at 501 Atlantic Boulevard. Mr. Barry Adeeb introduced himself and stated that he would like to replace the existing canvas awning with a metal awning. Ms. Doerr advised that Section 24-111(e)(1) establishes the 20-foot front yard requirement. She clarified that the original structure had a canvas awning, not a solid roof, so a variance was not required previously. She stated that once the awning has a solid roof, it becomes a solid structure that would require a variance to allow the structure to encroach on the front and side yard. Mr. Frohwein stated that the original structure seemed to be in compliance and the original permit was rightfully granted. He further stated that since the permit was granted originally, the Board should consider that this structure exists and that the skin is being replaced with aluminum in lieu of canvas. He stated that he did not see the need to grant a variance when the permissible structure exists and is grandfathered. Ms. Doerr responded that new construction must comply with existing codes and if the structure should need to be replaced in the future, then the owner would have to come before the Board again to receive a variance due to the encroachment into the side yard. In response to a question from Mr. Grunewald, Ms. Doerr advised that the new covering would meet the wind load requirements. Minutes of Community Development Board March 19, 2002 Page 2 A motion was made by Mr. Burkhart, seconded by Mr. Frohwein and unanimously carried to approve the variance as presented. b. Request for a Variance to allow an attached garage to encroach a distance of twelve (12) feet into a required twenty (20) foot rear yard on asingle-family lot within a RS-2 Zoning District on property located at 331 Seventh Street. Mr. Gilbert Phillips introduced himself and stated that when they designed this home he did not realize that a metal roof connecting the garage to the home was considered a structure. He stated that he would like to construct a covered walkway to protect them from the elements when walking from the garage to the residence. Ms. Doerr advised the Board that this applicant was already deeply involved in the design process prior to the change in regulations. Therefore, she stated that the garage is vested, allowing it to be located five feet from property line. She further stated that the connection between the garage and the house was originally noted as an arbor and, upon further review, it was determined that the applicant was building a solid roof between the garage and house. Ms. Doerr advised that the solid roof deems it a structure and subject to the 20-foot rear yard requirements. She stated that the applicants options are to seek variance or to install an uncovered walkway with an open trellis roof that would not cause it be a connected structure. Mr. Richard Allen introduced himself and stated that he owns the property directly behind this property. He stated that he wanted to make sure that the applicant did not propose to build athree-story spec condominium. Mrs. Phillips introduced herself and stated that she agreed with her husband, Mr. Phillips. She further stated that they would like to build the covered walkway for aesthetic reasons and protection from the rain. Discussion was held with regard to the fact that this type of structure was not allowed under the previous regulations. Mr. Burkhart asked Ms. Doerr if the Code provides for a minimum separation between the two structures. Ms. Doerr responded that the structures could be separated by two inches and it would be considered a separate structure. Mr. Wolfson advised that he would like to discuss this particular issue at a later date. A motion was made by Mr. Frohwein and seconded by Mr. Burkhart to deny the variance request. A vote was taken and Mr. Burkhart, Mr. Frohwein, Mr. Grunewald, Mr. Jenkins and Mr. Wolfson voted in favor of the motion and Mr. Jacobson voted against the motion. c. Request to consider a recommendation to the City Commission related to an application for a Use-bv-Exception within a Commercial General (CGl Zoning District to allow a custom motorcycle sales and service business proposed to be located at 1420 Mavport Road Mr. Venus mtroduced hunself and stated he was the owner of the property. He stated that the location is already used for an automotive used car dealership. A motion was made by Mr. Burkhart and seconded by Mr. Grunewald to recommend approval of the Use by Exception. Discussion was held with regard to outside display of merchandise and outside sales. Ms. Doerr advised that the Code does not allow outside display of merchandise in any Commercial General district. She further advised that the applicant has stated that the motorcycles are very expensive and would be housed inside the building. Minutes of Community Development Board March 19, 2002 Page 3 A motion was made by Mr. Burkhart and seconded by Mr. Wolfson to withdraw the motion. A motion was made by Mr. Burkhart and seconded by Mr. Frohwein to recommend approval of the Use by Exception with the condition that there will be no outside display of merchandise or outside storage of equipment or materials on the property. Discussion was held with regard to trailer repair and sales. A motion was made by Mr. Burkhart and seconded by Mr. Frohwein amending the motion to state that there will be no servicing of the applicant's product outside the confines of the existing buildings. A vote was taken and the motion and amendment passed by unanimous approval. 7. Other Reports or Business Not Reauirin~ Action Ms. Doerr requested that the April 16 meeting date be changed due to a schedule conflict. The Board agreed to move the meeting to Wednesday, April 24, 2002, at 7:00 p.m. 8. Adiournment There being no other business or discussion, the meeting was adjourned at 8:10 p.m. ,, SIGNED V"ARIAVCE WORKSHEET MEETING .DATE : ~f l `1 ~o ~-- AGENDA .LTE~i : ~_ I~ ~ ~/ H-R ' 2 e C~ 2'- ~3 Yes ~o 1) Special conditions and circumstances e:~ist which are peculiar to the land, structure or building involved and -which are not applicable to other lands, structures or buildings in the same district; _. %) The special conditions and circumstances do not result from the actions of the owner or applicant,; ~.~ 3) A literal interpretation of the provisions oi' this chapter would deprive the applicant of rights commonly enjoyed by- other properties. in the same zoning district and would worn unnecessary- and undue hardship on the applicant; -~) Will granting t:~is variance confer anv special privilege that is denied by this chapter to other lands, buildings or structures ~) Wil1 the variance requested be the minimum necessary to make possible the reasonable use of the land, building or structure ? 6) Will the requested variance be in harmony with the general intent of the Zoning Code 7) Will the requested variance be injurious to the area or detrimental to the public J welfare :k-k~c=k*-k~c~e:~c=k=k:k****=k~;k~**;k~c~c*,yep=k=k:k-k-k:k:k:K:k*:k*:k-k=k:k%K=k~k:k*=K~k~:k:k%k=k:K*=K~;k:k:k* Notes and Comments: MEMBERS S I GNAATURE : ti-%e~ne-~~ `~\ - VAhIANCE WOR1iSHi;ET riEE f I NG DATE : _ ._ I-es No 1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other. lands, structures or buildings in the same district ; __ __ ,~ 2) The special conditions and circ~imstances do not result from the actions of the -' owner or applicant; 3} A literal interpretation of the provisicns of this chapter world deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would ware ., unnecessary- and undue hardship on the applicant.; ~} Wi11 granting this variance confer any special privilege that is denied by this chapter to other lands, buildin;s or structures ? ~) Will the variance requested be the minimum necessary to make possible the reasonable v use of the land, building or structure ? /~ 6) Will the requested variance be in harmony- with the general intent of the Zoning Code '? _ __ 7 ) tdill the reg~iested variance be injurious to the area or detrimental to the public ~,/ welfare ? j~ **~*=k**~=K*~~****yc~;k~=k=k~*%k~~=k:k***:t*******~~:***=K~;<~***;K*~*:K*=k~*:e:K;e Notes and Comments: .... "1EMBERS SIGNATURE: VARIANCE WOR1iSHEET MEETING DATE : ~ ` ~ ~ _ ~~°` AGENDA 1TE!9: 1-es No 1} Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; 2) The special conditions and circumstances do not result from the actions of the owner or applicant; ;~ 3) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would wore unnecessarL and undue hardship on the J applicant.; ~/' ~) Willranting this variance confer any special privilege that is denied by this chapter to other lands, buildin;s or --- structures' 5) will the variance requested be the minimum necessary to make possible the reasonable f use of the land, building or structure ? ~/ 61 Will the requested variance be in harmon~- with the general intent of the Zoning Code ~) Svill the requested ~-ariance be injurious to the area or detrimental to the public welfare ? Notes and Comments: '1 ~", (i r i ~1EMBERS SIGNATURE a~ ~ ~ '~. ~ .~°~` ~'~ ~t3 , ~r•.aRIAN(:E WQRkSHEET a MEETING DATE ,,,. ' AGE\ DA ITEM : --~-°~ ~-es Vc 1) Special conditions and circumstances exist which are peculiar to the land, structure or buildin; involved and which are not applicable to other lands, structures or buildings in the same __ district; 2} The special conditions and circums~ances do not result frcm the actions of the owner or applicant; 3} :? literal interpretation of the provisions o.` "`^~~ this chapter would deprive the applicant of rights commonly en.joyeci by other properties in the same zoning district and would worn `~'~"' unnecessary and undue hardship on the applicant; :~} will ~rantin~ this variance confer any special privilege that is denied bV this chapter to other lands, b~.iildin~s or structures ':' , ~} Will the variance requested be the minimum necessary to make possible the reasonable use of the land, building or structure 5) Will the requested variance be in harmcn~- with the general intent of the Zoning Code '' ~ ) wi11 the requested variance be in.jt.irious to the area or detrimental to the public welfare :' ./ 1 r` ,, -k*~=k-k**=k:k:K~e*:k**;k*:k:k*:k=k:k:K~e~e;k:k=k=k~e;k*:k=k-k*:K:K:K:k~-k:K;K-K:K-K=K :K~c:k:K**=k~:K;k:K:K:K* Notes and Comments: ,~. i p f fr ~ I ~~ ~~ ~lEtiIBERS S I GNATURE : ~~-'`' ~ "` VARIANCE WOR1iSHEET' ,MEETING DATE:_~~~.h- AGE~~DA 1TE~i;~~~~_~~v~ ~~ 1) Special conditions and circumstances exist which are peculiar to the land, str~.icture or building involved and which are not applicable to other lands, structures or buildings in the same district; _____ __~_ 2} The special conditions and circumstances do not result from the actions of the owner or applicant; _____ ~~ 3) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would word unnecessary' and undue hardship on the applicant.; _ }~ 4) kill ;ranting this variance confer any special privilege that is denied by this chapter to other lands, buildings or structures 5} will the variance requested be the minimum necessary to made possible the reasonable use of the land, buildin; or structure ? 6} Will the requested variance be in harmony- with the general intent of the Zoning Code '? . ~) will the requested variance be injurious to the area or detrimental to the public welfare Notes and Comments: ...,, _. :~lEM$ERS SIGNATURE: ~ li'i'`~._,-_-r..:=~~=._-___.. VARIANCE WOR1iSHE%T' MEETING DATE : _ J < ~ _____ AGENDA 1 TE~1 :.---...---- Z~E'S '.VO 1) Special conditions and circumstances exist which are pectcliar to the land, structure or buildin; involved and which are not applicable to other lands, structures or buildings in the same district; 2) The special conditions and circumstances do not result from the actions of the owner or applicant; 3) A literal interpretation of the provisions of this chapter would deprive the applicant of rishts commonly enjoyed by other properties rte, in the same zoning district and would word unnecessary- and undue hardship on the -applicant; 4) Will ~rantin~ this variance confer any special privile;e that is denied by this ' chapter to other lands, buildin,;s or -- structures ~) Will the variance requested be the minimum necessary to make possible the reasonable use of the Land, building or structure ? 6) Will the requested variance be in harmony with the 7eneral intent of the Zoning Code '? _ ~~`~~ r) Will the requested variance be injurious to the area or detrimenta]- to the public welfare' notes and Comments: ~~,W.~~ ~4EMBERS SIGNATURE: