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09-21-21 CDB Adopted minutesr='fr,,, MINUTES Community Development Board (CDB) Meeting fer*.- Tuesday, September 21, 2021 - 6:00 PM Commission Chamber Present: Linda Lanier,Member Jennifer Lagner,Member Kirk Hansen,CDB Chair James Moyer, Member Sylvia Simmons,Member Richard Schooling,Member Jeff Haynie,Member Ellen Golombek,Alternate Member Absent: None Also Present: Brenna Durden,City Attorney(CA) Amanda Askew,Planning and Community Development Director(PCDD) Valerie Jones,Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the August 17, 2021 regular meeting of the Community Development Board. MOTION: To APPROVE the minutes of the August 17, 2021 Community Development Board Meeting. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier(Moved By)For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling For Jeff Haynie (Seconded By) For Motion passed 7 to 0. Community Development Board(CDB) September 21,2021 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1912 Sherry Drive North ZVAR21-0013 (Rawan Kablawi and Andrew Bussey) Request for a variance to exceed the maximum height and size allowed for a detached garage within the Residential, Selva Marina (R-SM)zoning district. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked if a portion of the driveway was on the neighbor's property. Director Askew confirmed that it does encroach. Ms. Lanier asked about the front yard setback. Director Askew said that the applicant meets the front yard setback. Mr. Schooling asked what the side yard setback was for the detached garage. Director Askew she said it was 5 feet for the detached structure and 10 feet for the primary structure. Ms. Simmons asked what was on the west side of the lot line. Director Askew said there is another home. Ms. Lanier asked when the home was built. Director Askew said she wasn't sure but it was recently remodeled. APPLICANT COMMENT: Andrew Bussey introduced himself as the owner of 1912 Sherry Drive North. He explained some of the history of the home and explained that they were planning on having a family and needed a larger garage for a larger vehicle. Mr. Haynie wanted to know where the existing garage is on the survey and Mr. Bussey pointed it out. Mr. Schooling asked him if he looked into adding onto the front of the home instead of a detached garage. Mr. Bussey said that there was an issue with setbacks and driveway radius to turn around. Mr. Schooling also wanted to know why the proposed garage was so tall and Mr. Bussey said it was for storage. Ms. Lanier asked if a car can be parked in the existing garage on the front of the home. Mr. Bussey said he can barely park his car in it but wouldn't be able to park a minivan or suv, which is what they would like to get for their family. There was further discussion about a large oak in the front yard that Mr. Bussey said he didn't want to cut down to build a garage. Ms. Lagner wanted to know why the garage needed to be 250 square feet instead of the 150 square feet that is allowed. Ms. Bussey said it was because of the size of the vehicle they were wanting to purchase. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Traci Kilby introduced herself as speaking on behalf of her father,David Zentmire who lives at 1825 Sherry Drive North. Her questions did not pertain to the variance request but questioned the driveway and fence encroachment. There being no further public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he was having trouble finding grounds for approval. Mr. Schooling agreed and said possibly better planning while doing the remodel would have been the way to go. Ms. Lagner asked if the variance was denied if the applicant would have to wait a year before applying for another variance. Mr. Community Development Board(CDB) September 21,2021 Haynie had the same question. Chair Hansen said the applicant would have to wait a year. Ms. Lanier didn't see any criteria to grant the variance. Director Askew said that the City Attorney, Ms. Durden said that the Board can grant a deviation from the requirement for the applicant to wait a year. MOTION: To DENY ZVAR21-0013 due to there being no grounds for approval. Motion: Linda Lanier Second: Richard Schooling Linda Lanier(Moved By)For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling(Seconded By) For Jeff Haynie For Motion passed 7 to 0. B. 737 Triton Road ZVAR21-0014 (Benjamin Newell) Request for a variance to build an addition within the 25 foot Building Restriction Line BRL)at 737 Triton Road.The proposed addition would be 20 feet from the south property and 10 feet from the west property line. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Schooling asked if the backyard setback was also 25 feet. Planner Genest said the backyard setback was 20 feet. Mr.Haynie asked for clarity to Sec.24-172 and to whether it applied to Old Atlantic Beach. Director Askew looked it up and confirmed that it was meant for a different section of Atlantic Beach and not the Royal Palms neighborhood. Ms. Lather asked for clarity on the history of the BRL and why it didn't get changed in 2009 as directed by the City Commission. Ms. Durden explained that due to the complexity of making the BRL change in 2009 it never happened. Planner Genest said that the home is in the RS- 1 zoning district which has a 20 foot front yard setback however the 25 foot BRL overrides. APPLICANT COMMENT: Ben Newell introduced himself as the owner and gave some history as to the purchase of the home. He explained that between working at home and having a child, he and his wife realize that they need to create more living space. Community Development Board(CDB) September 21,2021 Mr. Schooling asked if they had considered adding on to the back of the home. Mr. Newell explained that it would eliminate the back yard and they wouldn't gain as much square footage. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Ms. Lagner said she would have liked to see the City make the change in 2009. Mr. Schooling said he agreed and wasn't sure which way he was leaning. Mr. Haynie thought that grounds for decision #3 might be applicable to this variance. Ms. Lanier pointed out a house in the neighborhood with an imposing fence and she thought that what the applicant was considering wouldn't be as imposing as that. She suggested a variance for the rear setback and the side yard be used as the "back" yard. Ms. Simmons pointed out the large amount of lots in the neighborhood that were corner lots and she wasn't sure if#3 of the grounds for decision would apply. Chair Hansen said that when he looks at this request he doesn't want form to get in the way of substance. He pointed out that in 2009 the City wanted to get rid of the BRL but didn't follow through because of the need to get all of the homeowners to agree being too onerous. Chair Hansen said that what the applicant wants to do is within the normal setbacks and thought it was very reasonable to build the addition onto the house using criteria#3 of the grounds for decision. MOTION: To APPROVE ZVAR21-0014 on the condition of exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Motion: Jennifer Lagner Second: Jeff Haynie Linda Lanier For Jennifer Lagner(Moved By) For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling Against Jeff Haynie (Seconded By) For Motion passed 6 to 1. 5. REPORTS Director Askew presented the Board with a PowerPoint Presentation on a community vision process that would begin in the fall and end at the end of the year. She explained what it would be about and how the process would work. 6. PUBLIC COMMENT Community Development Board(CDB) September 21,2021 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:09 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board(CDB) September 21,2021