04-19-21 Special Called meetingsMINUTES
sfi Special Called Meeting of the City Commission
Monday, April 19, 2021 - 5:15 PM
9r Commission Chamber
PLEDGE TO THE FLAG
ATTENDANCE:
Present: Ellen Glasser, Mayor- Seat 1
Bruce Bole, Commissioner- Seat 2
Michael Waters, Commissioner- Seat 3
Candace Kelly, Commissioner- Seat 4
Brittany Norris, Mayor Pro Tern/Commissioner- Seat 5
Also Present: Shane Corbin, City Manager(CM)
Brenna Durden, City Attorney(CA)
Donna Bartle, City Clerk(CC)
1. CALL TO ORDER
Following the Pledge of Allegiance,Mayor Glasser called the meeting to order at 5:15 PM. City
Clerk Bartle called the roll.
Mayor Glasser stated the purpose of the meeting was for a waiver to waive the provision of a
minimum 75-foot lot width and 7,500 square foot area as required by Section 24-107 to allow
the subdivision of an existing parcel into two lots.
2. PUBLIC HEARING ON WAIVER REQUEST (WAIV21-0002) FOR 1306 VIOLET
STREET
A. City Attorney Procedural Reminders
City Attorney Durden provided an overview of the waiver hearing procedures.
B. Disclosure of Ex Parte Communications, if any
Commissioner Bole stated he had no communications.
Commissioner Kelly stated she did drive by to look at the property.
Commissioner Norris stated she had a conversation with a neighbor of the lot, Thomas
Kadous, and confirmed her decision would be based on this meeting's evidence.
Commissioner Waters stated he had no communications.
Mayor Glasser stated she had no communications.
Special Called Meeting of the City Commission
April 19,2021
C. Swearing in of all persons who will speak
All those providing testimony were sworn in by City Clerk Bartle.
D. City Staff Overview
City Manager (CM) Shane Corbin stated that typically when an applicant seeks relief
from any Development Standards in Chapter 24, a variance request would be submitted
to the Community Development Board. However, due to Chapter 24, variance requests
are issued for many of the development standards. CM Corbin stated the only route for
relief of the development standards would be to request a waiver directly through the
Commission.
Planning and Community Development Director(PCDD) Amanda Askew presented an
overview of WAIV21-0002 via a PowerPoint presentation(which is attached hereto and
made part of this Official Record as ATTACHMENT A)
ATTACHMENT A - Staff Presentation 4-19-21
E. Applicant Presentation
Applicant Jenevieve Winkfield gave a brief overview of the property's history,including
a statement of a previously signed document allowing for approval of development. In
addition, she also stated the hardship she faced with the current property and explained
the future desired plans for the property.
F. Public Comments
Thomas Kadous stated he read the proposal submitted by the property owners and
expressed his concerns regarding the validity of the proposal and the lot size being too
small.
G. Closing Comments/Rebuttal
Ms. Winkfield stated the lot size is the same as Mr. Kadous' lot size.
Questions:
Commissioner Norris requested clarification regarding the history of the lot. PCDD
Askew reviewed the history of the lot. Commissioner Norris asked for clarification
regarding the signed agreement mentioned by the applicant and the procedures for
grandfathering in" exceptions. PCDD responded by stating no document could be
found, and the COAB does not usually grandfather in rights for properties.
Commissioner Norris asked if,before adding the new Code,would the proposed plan be
able to request a variance or would it still need to appear before the Commission. PCDD
Askew stated before Code 24--4 was created, the applicant could demolish the existing
structure and add two new duplexes. CA Durden clarified exceptions to the Code and
the size of the property. Commissioner Norris clarified according to the date of the
Special Called Meeting of the City Commission
April 19,2021
survey provided in the application packet, the applicants should have been aware of the
possible hardships with the property.
Commissioner Bole asked if the 39x 102 square foot lot was the smallest lot on the block.
PCDD stated she would have to do research to be able to answer the question.
Commissioner Kelly asked when the future Land Use goes into effect. PCDD stated
the future Land Use has been in effect and is part of the 2030 Comprehensive Plan.
Conversation ensued regarding land use and zoning regulations for the lot in question.
Commissioner Waters asked if it was unreasonable to build what is being asked by the
applicant. PCDD Askew explained the different options for development for the partial
lot and stated it is the Commission's decision if the request to develop is unreasonable
to the 39x102 square foot lot. Commissioner Waters expressed concern regarding the
trickledown effect if a waiver is issued for the proposed lot.
Commissioner Norris confirmed with PCDD Askew the applicant is requesting
variances for a reduction in setbacks. PCDD Askew stated the variance request would
be a separate process. Commissioner Norris stated the applicant would need to have the
waiver requested before applying for the setback variances in which there is no guarantee
of approval.
Mayor Glasser reviewed the applicant's building options with PCDD Askew. Mayor
Glasser stated Section 24-84 does not permit additional development onto an already
developed lot. Both Mayor Glasser and PCDD Askew stated neither could recall any
other time when this was permitted as the Code has been very well enforced. Mayor
Glasser asked if any houses in the City are 24 feet wide that are not attached structures?
PCDD Askew stated the City approved a building plan for a narrow lot but has not been
built. Applicant Jenevieve Winkfield stated a house two blocks away from the lot in
question is 19x42 feet. The applicant submitted a handout (attached hereto and made
part of this Official Record as ATTACHMENT B). Each commissioner was given the
opportunity to review and ask questions.
Conversation ensued regarding details of the applicant's handouts.
Commissioner Kelly stated she admired the preparation done by the applicant. She
stated she'd held side discussions with the City Manager about affordable housing. She
stated until the need for workforce housing affects the City more directly, the proposed
plan is not supported. However, as of right now, the residents of Atlantic Beach are
happy with the lot sizes they have chosen and the characteristics of the City.
ATTACHMENT B -Applicant Handout 4-19-21
H. Commission Deliberation and Action
CA Durden offered direction to the Commission on organizing a motion in support or
against the waiver request.
Special Called Meeting of the City Commission
April 19,2021
MOTION: To Deny waiver request (WAIV21-0002), 1306 Violet Street, as it does not meet
requirements for approval set forth in Section 24-66 of our Code.
Motion: Brittany Norris
Second: Bruce Bole
Commissioner Norris stated she is sympathetic, but without a letter regarding the intent of lot
development, it's hard to tell what the intent was. She stated compliance with the provision is
not unreasonable. She stated she feels it conflicts with the public interest.
Commissioner Waters stated his concern is the trickledown effect for other requests.
Commissioner Boles stated Section 24-84(a) clearly states the Code.
Commissioner Kelly stated it is too big of a request to ask for. She stated she is also concerned
about the resident's responses.
Mayor Glasser thanked the applicant for their time. She stated Section 24-84 is being strictly
enforced. She stated the City also does not allow subdivision of lots into smaller lots without
Commission approval.
Bruce Bole (Seconded By) For
Brittany Norris (Moved By) For
Ellen Glasser For
Michael Waters For
Candace Kelly For
Motion passed 5 to 0.
3. ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 6:14 p.m.
Attest:
Qa4/4/-ei.
Donna L. Bartle, City Clerk Ellen Glasser, Mayor
Date Approved:
7/Z1.0/21
Special Called Meeting of the City Commission
April 19,2021
ATTACHMENT A
April 19, 2021 Minutes
WAIV ? 1 - 002
1306 Violet Street
Request for a waiver as permitted by Section
24-66 to waive the provision of a minimum 75
foot lot width as required by Section 24- 107 to
allow the subdivision of an existing 100-foot lot
lot into two lots .
ATTACHMENT A
April 19, 2021 Minutes
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ATTACHMENT A
April 19, 2021 Minutes
Property is zoned Residential,
General, Two- Family ( RG)
Corresponds to the Residential lo,: .
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Medium (RM) designation of theKtii
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3 dwelling units.
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ATTACHMENT A
April 19, 2021 Minutes
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7 BLOCK 232
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Sec. 24-84(a) states "in the case
where more than one(1) parcel,
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platted lot or lot of record has LOT 6 E LOT
been merged or combined and
BLOCK 231 BLOCK 232
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developed as a single r' "
development parcel, such lots a.4;
shall not later be developed as a
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single lot, unless
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requirements for development L__-__-i-______i
as a single lot shall be met
including, but not limited to,
AFTER
impervious surface area
limitation and provisions of
allqrequiredyardsforallstructures.4
ATTACHMENT A
April 19, 2021 Minutes
O Divide one lot into two
lots. Lora
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BUILDING CONCRETE.
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ATTACHMENT A
April 19, 2021 Minutes
1-family 2-family
Surrounding properties on 70'X102') 96')(102')
Violet street include a mix of
2-family 2-family
single and two-family 68'X102') - (78'X102')
dwellings. 2-family
68')(102')2-family
78')(102')
The subject property is slightly
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larger than the surrounding
2-family 2-family
100'X1021)
79'X102')
two-family dwellings, but is
2-family
relatively in character with this 77'X102')
100X10Z')
area . 2-family
78'X102')
1-family
50'X102')
1-family
2-family 50'X102')
78'X102')
ATTACHMENT A
April 19, 2021 Minutes
New lots would not exceed the density limitation on the
Future Land Use Map of the Residential Medium (RM)
up to 14 units per acre
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ATTACHMENT A
April 19, 2021 Minutes
c Section 24-66(e)(1)
A waiver from the land development regulations may be approved only
upon showing of good cause, and upon evidence that an alternative to a
specific provision(s) of this chapter shall be provided, which conforms to
the general intent and spirit of these land development regulations. In
considering any request for a waiver from these land development
regulations, the city commission may require conditions as appropriate to
ensure that the intent of these land development regulations is enforced."
Section 24-66(b) requires the applicant submit to Commission a written
request stating the reason for the waiver and the facts to support the
waiver.
1) Compliance with such provision(s) would be unreasonable; or
2) Compliance with such provision(s) are in conflict with the public
interest; or
3) Compliance with such provision(s) are a practical impossibility.
ATTACHMENT B
April 19, 2021 Minutes
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ATTACHMENT B
April 19, 2021 Minutes Agenda Item #2.D.
19 Apr 2021
these minimum lot width or lot area requirements.As such,the applicants are requesting a waiver from
the minimum lot width and lot area.
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70'X102') 96'X102') '.
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SURROUNDING CON DI'[IONS
2-family 2-family
68'X102') r% (
78'X102')
w;
The graphic to the right shows the land uses and lot sizes of the s
surrounding area on this portion of Violet Street.The graphic shows a 2-family
mix of single and two-family dwellings and varying lot sizes. The (68')(102') 2-family
subject property is slightly larger than the surrounding two-family _____ 78'X102')
dwellings but is relatively in character with this area. ______________•,. -
2-family •2-family •
100'X102') 79'X102')
WAIVERS
2-family 1-family
Where the city commission finds that undue hardship due to unreasonable 77'X102')
practical difficulties may result from strict compliance with this chapter,the 1001X102')
city commission may approve a waiver.
The city commission shall not approve a waiver unless:2-family •
r 1-family
78'x102') i (50'x1021)
I) Compliance with such provision(s)would be unreasonable;or uss t.
1-family P 1
2) Compliance with such provision(s)are in conflict with the public
2-family 50'X102')
78'X102')
interest;or R::. '.,...stn`
3) Compliance with such provision(s)are a practical impossibility.
Page 6 of 23
ATTACHMENT B
April 19, 2021 Minutes
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1_ :pUBLIC NOTICE
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To whom it may concern,
Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map
below,that a Public Hearing regarding the case described in this notice will be held by the identified governing
body at 800 Seminole Road,Atlantic Beach,FL 32233.J•
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PROJECT Property Location Map / ' `'
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q Item No: WAIV2.1-0092
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Address: 1306 Violet Street 1369 Z
Applicant: Jeremy and Jenevieve Winkfield 1225 __
1338 t7 vis f 01_
1336-' \ rt.- 1335 1
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e PUBLIC HEARING(S)
1 61 00011309 b '
Body:City Commission
1205
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Date: April 19,2021 1- kb-L'
Time:5:15 PM
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Request: Request for a waiver as permitted by Chapter 24,Section 24-66 to waive the provision of a minimum
75-foot lot width as required by Section 24-107 to allow the subdiyision of an existing parcel into
two lots.
Summary: The applicant is requesting a waiver to subdivide an existing 100-foot-wide parcel into two lots.One
of the"new"lots would include the existing duplex and would be 61 feet wide while the other"new"
lot would be 39 feet wide and potentially developed as single family. This parcel is located within
the Residential General Two Family(RG)zoning district which requires a minimum 75 foot width
for new single family lots.The request is a waiver from this 75 foot minimum lot width requirement.
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commissidn with
respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its
deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made,which must
include the testimony and evidence upon which the appeal is to be based.
All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public
Notices https://www.coab.us/960/Public-Notices.
1n accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes,persons with disabilities
needing special accommodations to participate in this meeting should contact the City Clerk's Office at City Hall or by
calling(904)247-5800 not less than three days prior to the public hearing.
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