18-05-20-97 CDB MinutesPRESENT
AND
ABSENT
MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
May 20, 1997
7:00 P.M.
CITY HALL
•
Don Wolfson
Robert Frohwein
Pat Pilimore
Mary Walker
George Worley, II, CD Director
Alan Jensen, Esquire
Pat Harris
Mark McGowan
Sharette Simpkins
Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
rrnutes of March 18, 1997. On motion made and seconded the minutes were approved.
The chairman called for approval of the minutes of April 15, 1997. Mrs. Walker requested
that with regard to the Application for Use -by -Exception by Affiliated American inns III, Ltd.,
the minutes reflect the board's discussion that the proposed restaurant and lounge was
to be used solely for the use of the guests of the hotel and not advertised for public use.
The approval of April 15,. 1997 minutes will be placed on the agenda for the next meeting.
I. Application for Variance filed by Julius Montagne to allow an existing
nonconforming structure (cabana) constructed in 1988 to remain on property located at
1550 Beach Avenue.
Chip Blumstein, attorney for the applicant, introduced himself and explained that the
applicants purchased the property in 1995. The cabana was constructed in 1988 by a
previous owner without obtaining a permit and encroaches the side yard setback by 2.8
feet. He presented letters to the board from neighbors indicating their approval of the
application.
Neighbors Karen Bremer and Joann Morriseau introduced themselves and
expressed their support for the applicants.
The chairman recognized the court reporter who was present at the meeting and
employed on behalf of the applicant.
The chairman recognized Don Ford, Building Official for the City and requested his
summation of the situation. Mr. Ford stated that he met with the owner of the property in
1988 for a routine inspection of the property and discovered that no building permit was
obtained for the cabana. He indicated that the Shondelmeyers who were the owners of
the property stated that they would apply for the permit. He stated that subsequently he
was transferred to the Public Works Department and the matter did not come to his
attention again until approximately a month ago.
After discussion, Mrs. Plilmore moved to grant the variance as presented with the
exception that the structure, if destroyed, be constructed pursuant to the appropriate
setback requirements. Mr. Frohwein seconded the motion
During further discussion it was the consensus of the board that the situation arose
from a previous owner's error in not permitting the structure and the City not pursuing the
matter. The board also noted that there was an undue hardship placed on the applicant
who purchased the property in good faith and thereby assumed responsibility for the
current situation.
After further discussion, the chairman offered a substitute motion to grant the
variance as requested according to Section 24-85 but that it be an after -the -fact variance
with the history of the issue along with the court reporter's transcription be attached to
these minutes. The motion was seconded by Mr. Frohwein and the variance was
unanimously granted.
II. Application for Variance filed by Lowell G. Borah, Sr., to construct a screened
porch addition that will encroach the rear yard setback at property located at 92 West Fifth
Street.
Mr. Borah introduced himself and stated that he and his wife recently had the
residence constructed and desired to construct a screened porch onto the house that
would encroach the rear yard setback. He stated that he was unaware of the setback
requirement. He presented letters from neighbors supporting his request. He also
presented pictures to the board of Doug's Towing Service located directly behind his
property indicating construction encroaching the rear setback.
After discussion, Mr. Frohwein moved to deny the request for variance. Mrs.
Pillmore seconded the motion and the variance was unanimously denied.
The chairman requested staff to investigate and report to the board at the next
meeting the history of the encroachment of the structure located to the south of 92 West
Fifth Street.
Ill. Application for Variance filed by Kent and Cindy Haines to enlarge a garage
that will encroach the front yard setback at property located at 1958 Beachside Court.
Mr. Haines introduced himself to the board and stated that he desired to extend the
existing garage out in line with the front of the main part of the residence. Due to the
curvature of the property line at a cul-de-sac, the proposed construction will encroach the
front yard setback by three feet.
The chairman informed the applicant that he could withdraw his request and reapply
with a different plan for the board's consideration but if the board denied the variance it
would be for a one year period before he could reapply. Mr. Haines declined to do so.
After discussion, and the board determining that an alternative exists even though
not as cost effective, Mr. Frohwein moved to deny the request. Mrs. Walker seconded the
motion and the variance was unanimously denied.
VI. Application for Use -by -Exception filed by Ted and Debra Jackrel to operate
a distributorship office for paratransit vehicles at property located at 58 West 9th Street.
Mr. Jackrel introduced himself and explained that he operates a distributorship of
vehicles designed for handicapped users. He stated that the business does not generally
sell vehicles at retail but are stored on site and sold wholesale. The principal use of the
property is to be office space for staff but a use -by -exception is required because of the
sate of vehicles. He indicated that the property adjacent and due west is the location the
completed vehicles will be stored prior to sale.
Mr. Jackrel stated that approximately fifteen vehicles would be stored at the
property and the area fenced in and no repair work would take place at the property. He
stated that at present there are five employees which may increase to six or seven but the
parking in the front of the building is adequate for their personal automobiles with six
spaces being available.
The chairman expressed concern regarding lighting and dust problems as well as
hours of operation since the property is adjacent to residentially zoned property. The
applicant expressed willingness to comply with requirements with regard to those issues.
Mr. Worley explained that: the applicant would be required to comply with
appropriate zoning requirements including a wall or fence separating the residential
property as well as lighting and landscape requirements.
After discussion, Mr. Wolfson moved to recommend to the City Commission that the
use -by -exception be approved subject to the following:
1. That there would be no lighting that would interfere with the residences
immediately adjacent to the property;
2. The hours for conducting business would be from 8:00 a.m. to 6:00 p.m. on
weekdays and Saturdays with no business conducted on Sundays.
3. There be a fence constructed that would not be offensive to the residents
immediately adjacent to the property, i.e., a finished fence on the resident's side.
dust.
4. That the parking lot be completed allowing proper drainage and minimum
5. That there be no more than 20 vehicles stored on the property.
Mrs. Pilimore seconded the motion. Mr. Frohwein moved to amend Mr. Wolfson's motion
to include that the automobiles be stored in a fenced area and the use -by -exception be
granted solely to the applicant. Mr. Wolfson further amended his motion and Mr.
Frohwein's amendment to include removing the septic tank drain area, level the property
and include in fenced area for storage purposes; Mrs. Walker seconded the amended
motions and the board voted unanimously to recommend approval of the use -by -exception.
V. Application for. Variance filed by Carlos Fraticelli and Barbara Robinson to
construct a roof over an existing nonconforming deck at property located at 230 Magnolia .-
Street.
Mr. Fraticelli introduced himself and stated that a screened deck was constructed
in 1991 which encroached the side yard setback line. The enclosure was permitted in
error with the encroachment showing on the approved drawings. He stated that he did not
realize a problem existed until recently when applying for a permit to place a roof over the
structure.
Barbara Robinson, co-owner of the property, introduced herself and stated that it
was not their desire to alter the structure but simply cover it with clear plastic.
After discussion, Mr. Frohwein moved to grant the variance provided that the
screened structure not be enclosed with walls in the future. Mrs. Pillmore seconded the
motion and the variance was unanimously granted.
VI. Application for Variance filed by Clinton Burbridge Ill to construct a 6 -foot
fence on the west property line of 270 6th Street.
Mr. Burbridge introduced himself and explained that his property is located on the
southeast corner of East Coast Drive and Sixth Street and desires to construct a 6 -foot
fence on the that portion of his property. He stated that there is extreme traffic noises at
the location and presently has a 2 -foot fence. On corner lots the secondary street front
setback is 15 feet thereby requiring fences within that area to be 4 feet or less in height.
He presented pictures of the property to the board and stated there were other fence4 in
the area which are in noncompliance.
The Chairman mentioned various solutions including widening the road, allay
direction and speed bumps. He stated that if a variance was granted it would gje4te a
dangerous line of sight situation at the intersection. He stated that the whole situation of
traffic and solutions should be studied by the City.
Mr. Frohwein suggested that the board review a traffic study y that was recently
compiled by the Public Safety Department.
Chris List introduced herself to the board and stated she is a neighbor of the
applicant and explained to the board the problems with noise she and other neighbors
have been having In the area.
The chairman stated that to alleviate the problem for all four citizens at the
intersection it would take the construction of a six or eight foot fence at each property and
that solution would create very hazardous traffic problems.
After further discussion, and with the consent of the applicant, the board deferred
action on the application until such a time as further review and study of the situation may
be accomplished. Mr. Worley stated he would supply the members of the board with
copies of the traffic study. Action was deferred until the July 1997 meeting.
VII. Application for Variance filed by Barry Adeeb to construct an addition to an
existing nonconforming restaurant located at 501 Atlantic Boulevard.
Mr. Adeeb addressed the board stating his desire to operate a breakfast restaurant
and construct an addition to accommodate additional seating. The proposed addition will
be constructed on the west side of the building and will not further encroach into the
setback. He stated that the landlord Is going to repave and restripe the parking lot to go
along with the proposed renovation.
Mr. Worley reminded the board that the application is requesting a variance to
construct an addition to a nonconforming structure and the applicant would have to meet
code requirements for seating, parking and landscape.
Mrs. Walker voiced concern regarding the square footage and remodeling of 50%
of the structure.
After further discussion, Mrs. Walker moved to approve the variance to construct
an existing nonconforming building subject to receiving the signature of the owner on the
application. Mr. Frohwein seconded the motion and the variance was unanimously
granted.
Mr. Wolfson queried Mr. Worley the status of the progress of Kent Theatres in
completing landscape work. He said they have had six months to complete the work and
should be reported to Code enforcement:
The board directed that staff investigate and report at next month's meeting the
setback encroachment behind Mr. Borah's property at 92 W. 9th Street as well as
nonconforming six and eight foot fences constructed in the City.
The board agreed to hold a special meeting in the conference room on June 17,
1997 at 6:00 p.m. to discuss the proposed amendments to the zoning code of ordinances.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED LAP IM. 1*(.(41110
41110
ATTESTCJ G[ CLQ
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i14/Z1/VT' . 13:U4 UVU4 Z43 1.713
bAWUMASS VIL bV Neva
REQUEST FOR VARIANCE
1550 Brach Aveuuw
• 1988 - cabana built 2.2 feet from property line ---today's code requires 5 feet.
• 7!21188 - note in City file by Don Ford—"detached building near pool in back yard—no
Penn►t(?) Per1ettY mss office.
• 1992 house sold to Utsets.
• . 8/15/95 - BEFORE BUYING the house, the Montagnas asked Don Ford if a roof deck could
be built House file was pulled, blue prints thovm. NO MENTION OF PERMIT
PROBLEM.
• 8/21/95 - Montagnas hired Nadecm Zcbouni to do a structural mon of the property
before they bought the house. Don Ford accompanied Zebouuai on the Inspection (see
attached Zebouni report). NO MENTION OF PERMIT PROBLEM.
• 9/14195 - Montagnas bought the house. NO MENTION OF FT PROBLEM.
• 419197 - Letter from Don Ford demanding Montagnas have cabana brought into compliance
e
with city code (see attached).
• There is no record in the City fele of any attempt by Don Ford to permit this building.
We are requesting err variance because:
1. Don Ford should have advised us of die permit problem PRIOR to the put cha se of the house.
2. We ate the third owners since the cabana was built.
3. We paid more for the house because we heeded the cabana.
4. The house is for sale and this permit problem has coat us one buyer and and must be disclosed to
others.
5, Moving the cabana would destroy the revearence of the 1prden.
6. Moving the cabana would place it too nearto the pool (see attached photo).
7. Moving the cabana would be an and expensive hardship fares.
8. There is no change in appearance by moving the cabana and it has been tem for 9 years.
9. Neighbor's house is 45 feet south of the property line and 47,2 fat south of the cabana.
We have made expensive repairs and landscaping to beautify this house, add to the
appearance of Beach Avenue gad Ail' it Beach.
Enclosures:
Survey
Don Ford aeterno 7t21/88
Zebouni report 8/23/95
Don Ford letter 4/9/97
Photo of cabana in garden/
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Certificate of Occupancy
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NADEEM ZEBOUNI, P.E.
Ter. (904)285-9890
Fax: (904) 213-4254
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REPORT NO.: 01 INSPECTION DATE: August 22,1993 (2:00 P.M.)
PROJECT: 1530 Beach Avenue REPORT DATZ: August 23, 1995 ( 11:00 11.M. )
CONTRACTOR: Ruston Fridley HZATEER: Rot
CLIENT: Julius Montague YOUR REIZRBNCR: Bernie Uteta
MUM Ws Madsen Zebouui, P.R. and Don lord
REPORT PREPARED BY: Redeem C. 7ebounj. P.B.
REASON FOR C$SP.RVATION: Structural evaluation
OUR *EP INCE: 5135
Z2 4S EXCHANGED: Original construction documents from Csorge Bull to Zebouni,
copy of Chatham Roofing Co. report from Montagua.to Zebouni (see Exhibit "A").
and pool permit from City of Atlantic Beach Building Department to Zebouni.
. j,�OR
Lt INFMATION:
The construction documents for the original and nails structure were
prepared by George Bull, Jr., Architect, and dated January 29,1973.
The construction permit was obtained on February 22, 1474 end construction was
performed by Bunton lraiiey. General Contractor, .for Mr. and Mrs. John J.
. On December 29, 1974. a permit for an irrigation well was obtained. In
n ford, presently Building Official of the City of Atlantic Beach, built
covered garage with a flat second floor level wooden dank for Chuck and
Jackie Shondemayer. A waterproofieg membrane was applied by Romano Roofing over
the 1/2" CDX plywood roof sheathing prior to nailing the 2a4 wood sleepers 24"
of centers to receive the 20 woad decking.
In ike Leinenweber built a cabana for the Shondemsyers and added s;
jaccuai on.t second floor deck. A pool was added to the backyard at the same
time. .
The present oviter, Dr. Bernardo (Bernie) Utste, changed rotted 73:10 roof
caftan over the carport -and Bill applied exterior grade plywood over the
rafters, covered it wing 2 layers of 300 felt and 903 industrial rolled roofing
with liquid tar (black jack) along the lap ends. hocking was then applied prior
to replacing the existing jaccuei.
c .•y. .e AP ti 7
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Juuus J. MONTAGNA
1550 BEACH AVENUE
ATLANTIC BEACH, FL 3.2233
RE: "CABANA BUILDING" ON REAR SOUTH LOT
LINE AT 1550 BEACH AVENUE
DEAR SIR:
L.A% ...'\
800 SEMINOLE ROAD --
ATLANTIC I3EAC II. F! .URI DA 32233.5445
TELEPl IUN1: 19041 2.17-5800
FAX (9041247-5805
SUNCOM (52.5800
THE STRUCTURE NEXT TO THE POOL NEAR THE SOUTH, EAST/WEST LOT LINE AT 1550
BEACH AVENUE HAD NOT BEEN PERMITTED BY THE CITY OF ATLANTIC BEACH BUILDING
DEPARTMENT. APPARENTLY THE BUILDING WAS CONSTRUCTED SEVERAL YEARS AGO AND NO
PERMIT WAS APPLIED FOR, PREVIOUS ATTAMPTS BY THIS DEPARTMENT TO HAVE THIS BUILDING
PERMITTED HAVE NOT BEEN SUCCESSFUL
PLEASE CONTACT THE BUILDING DEPARTMENT AS.SOON .AS POSSIBLE TO HAVE THIS
SITUATION REVIEWED AND BROUGHT INTO COMPLIANCE WITH CITY CODE.
IF WE HAVE NOT HEARD FROM YOU WITHIN TEN (1 0) DAYS OF THIS NOTICE THIS CASE WILL
BE TURNED OVER TO THE CODE ENFORCEMENT BOARD. UNDER FLORIDA STATUTES 162 THE
CODE ENFORCEMENT BOARD MAY IMPOSE FINES OF UP TO $250.00 A DAY NOT TO EXCEED
$5.000.00.
DCF/PAH
CC: CITY MANAGER
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
_• Urk, c' c /? LC- ' y'
SINCERELY,
DON C. FORD
BUILDING OFFICIAL
APPLICATION FOR VARIANCE
NEXT MEETING 1)ATI L.5 " 0 '9'7
RECEIVED
APR 1 1 1997
City of Atlantic Beach
Building and Zoning
FILING DEADLINE,:
PLEASE TYPE OR PRINT IN INN APPLICATION FEE $75.00
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 TUE CORE.
Applicants Name Owners Name
Address Address
l-t-TL-R.4.-Tc�. _4.F.C:r �_.F_eJ 77
City, Slate, Zip
City, State, Zip
Telephone: (oZ 76 aain. Telephone:_. --
Street address and legal description of subject properly: Note:
Copy of deed and survey or plot plan indicating proposed
construction must be attached.
j
Zoning classification of property:
Section of code from which variance is sought:
Describe variance requested: �0� t,,,,.F'"
P-r,ve l
C .J�:�-::r'�_rtr ✓f:.tvcr�� .-<4."/+.eS-+�-*J
Ca
Supporting data which should he considered by Board:
A7-7,1 Ne.0
IN FILING THIS APPLICATION FOR VARIANCE, THE UNDERSIGNED
UNDERSTANDS IT BECOMES A PART OF THE OFFICIAL RECORDS OF THE CITY
AND DOES HEREBY CERTIFY THAI' ALL INFORMATION CONTAINED HEREIN IS
TRUE TO•TILE BEST OF HIS/TIER KNOWLEDGE.
. Igns iire of Properl. Owner
(required for processing)
•
MAP SHOWING SURVEY OF
LOT 7, BLOCK 63, MANDALAY, AS RECORDED IN
PUBLIC RECORDS OF' DUVAL COUNTY, FLORIDA.
FOUND V2" IRON PIPE
NO CAP
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PLAT HOOK 10 PAGE ll OF THE CURRENT
BEACH 4AVENUE
(PAVED)
50.14'
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12.7'
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WOOD DECK
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NO CAP
LOT 9
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0.2'
50.00'
(49.79' FIELD)
LOT 8
63
15th STREET
NOT ES •
THIS IS A BOUNDARY SURVEY.
NO BUILDING RESTRICTION LINE PER PLAT.
ANGLES AS PER FIELD SURVEY.
NORTH PROTRACTED FROM PLAT.
LEGEND OF ANGLES
A = 87°39' 20"
B = 92° 12' 20'
C 87°34'42"
D s 92° 33'38"
LNi0'P.K.NAIL • D13K
LR. 3012
8' WOOD FENCE
LOT 3
•
THE PROPERTY SHOWN HEREON APPEARS TO LIE IN FLOOD ZONE "X" (AREA CUISIDE 500 YEAR FLOOD
PLAIN}-AS-•WELL.AS-CAN BE DETERMINED FROM THE "FLOOD INSURANCE RATE MAP" CCNMUNITY..PANEL
NUMBER 120075 0001 D REVISED APRIL 17, 1989 FOR ATLANTIC BEACH, FLORIDA.
I HEREBY CU fIEY TO JULIUS J. & TINEKE J. MONtAGNA, NL)RWEST MORTGAGE, INC.; FIRST AMERICAN
TITLE INSURANCE COMPANY, & WATSON & CSBORNE THAT i HAVE SURVEYED THE LANDS AS SHOWN IN
THE ABOVE CAPTION AND THAT THIS MAP IS A TRUE AND CORRECT REPRESENTATION OF THAT SURVEY
AND THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM TECHNICAI. STANDARDS OF THE FLORIDA
f1NISTRATIVE CODE CHAPTER 61 G17-6 AND THE PLOHI b . • TITLE • IATION.
1'
SURVEY NOT VALID UNLESS
LED WITH AN EMBOSSED SEAL DONN W. BOATWRIGHT. L.S.
r SURVEYOR SIGNED HEREON RECHECKED -SEPT. 13, 199'5 FLORIDA REG. LAND SURVEYOR No. 3296 aqi
RECHECKED - MARCH 18,1992
SCALE: I " _ 0°'
DRAWN By. 4 -Pc
F.B.
BOATWRIGHT LAND SURVEYORS. INC.
1711 5th STREET SOUTH
JACKSONVILLE BEACH, FLORIDA 241.-8660
DATE SIGNED:
Geir,e' FS 14 .1�gf+
SHEET i OF _I.._.
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