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03-21-22 Special Called Meeting of the City CommissionCity of Atlantic Beach Agenda Special Called Meeting of the City Commission Monday, March 21, 2022 - 5:15 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER Page(s) 1. CALL TO ORDER 2. PUBLIC HEARING - APPEAL (APP APP22-0001) OF THE COMMUNITY DEVELOPMENT BOARD'S DENIAL OF VARIANCE APPLICATION (ZVAR21-0019) FOR 1515 BEACH AVENUE. 2.A. City Attorney Procedural Reminders 3 - 6 Hearing Procedures 22-0001 2.B. Disclosure of Ex Parte Communications, if any 2.C. Swearing In of all persons who will speak 2.D. City Staff Overview, Documentation and Presentation/Testimony Staff Report APP22-0001 CDB Staff Report Case ZVAR21-0019 Variance Application ZVAR21-0019 12-21-21 CDB Adopted Minutes 7-32 2.E. Applicant's Documentation and Presentation/Testimony 33 - 46 Request for Appeal App -22-0001 2.F. Public Comments 2.G. Closing Comments/Rebuttal 2.H. Commission Deliberation and Action 3. PUBLIC HEARING - APPEAL (APP APP22-0002) OF THE COMMUNITY DEVELOPMENT BOARD'S DENIAL OF VARIANCE APPLICATION (ZVAR21-0020) FOR 763 ATLANTIC BOULEVARD. 3.A. City Attorney Procedural Reminders 47 - 50 Hearing Procedures 22-0002 3.B. Disclosure of Ex Parte Communications, if any 3.C. Swearing In of all persons who will speak 3.D. City Staff Overview, Documentation and Presentation/Testimony 51 - 80 Staff Report APP22-0002 Page 1 of 120 Special Called Meeting of the City Commission - 21 Mar 2022 CDB Staff Report Case ZVAR21-0020 12-21-21 CDB Adopted Minutes Variance Application ZVAR21-0020 3.E. Applicant's Documentation and Presentation/Testimony Request for Appeal App -22-0002 Support Letters ZVAR21-0020 3.F. Public Comments 3.G. Closing Comments/Rebuttal 3.H. Commission Deliberation and Action 81 - 120 4. ADJOURNMENT This meeting will be live -streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may 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 shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office by 5:00 PM, the Friday prior to the meeting. Page 2 of 120 Agenda Item #2.A. 21 Mar 2022 CITY OF ATLANTIC BEACH VARIANCE HEARING PROCEDURES FOR APP 22-0001 APPEAL FROM DENIAL OF VARIANCE ZVAR 21-0019 BY COMMUNITY DEVELOPMENT BOARD 1515 Beach Ave. Pursuant to 24-49(b) of the Land Development Regulations (LDR) attached, appeals from a decision of the Community Development Board (CDB) may be made to the City Commission by any adversely affected person(s), or any officer, board or department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR, in whole or in part, and specify the grounds of the conflict or violation. Appeals of a CDB decision to the Commission are de novo, meaning that the appeal hearing proceeds from the beginning, as if the prior hearing at the CDB had not occurred. Quasi-judicial proceedings, such as rezonings, uses by exception, variances, waiver requests, and appeals are not controlled by strict rules of evidence and procedure, but certain standards of basic fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the parties must be able to present evidence, cross-examine witnesses and be informed of all of the facts upon which the Commission acts. The hearing must be fair and impartial and contain the following requirements: • Notice per § 24-51(k), LDR. • Quasi-judicial hearings can be very informal. The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence. • Written decision. The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes, ordinances, regulations and policies as well as the facts. • Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part of the record. Suggested Procedure for Appeal Hearings, APP 22-0001 • Mayor to Open Public Hearing. • City Attorney — Procedural reminders/correspondence made part of record. • Disclosure by the Commission members of any ex parte communications (per Resolution 95-26, each Commissioner must disclose the subject of the communication and the identity of the person, group or entity who made the communication before final action). • Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB. • Commission questions for Staff, if any. • Applicant, and/or representatives/legal counsel, if applicable, present the request and support for approving the variance request and Applicant's witnesses, if any, make presentations. • Commission questions for Applicant/witnesses, if any. • Public comments — 3 or 5 minutes, depending on number of speaker cards submitted to Clerk. • Closing comments/rebuttal by Applicant (may include cross-examination if requested). • Mayor closes Public Hearing. • Commission deliberation and action, based on provisions set forth in Section 24-65 (c), Land Development Regulations, Variances (attached), which will be memorialized in a written order. • Commission may approve, approve with conditions or deny the variance request. • Per Section 24-65 (c), a variance may be approved if the Commission finds that one (1) or more of the following factors exists to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. - (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Page 3 of 120 Agenda Item #2.A. 21 Mar 2022 REFERENCED CODE SECTIONS Sec. 24-49. - Appeals. Appeals of administrative decisions made by the planning and community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth In section 24-51 hereof. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the planning and community development director. Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the planning and community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, ruling, decision or determination being appealed. The planning and community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed, The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation, A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the administrator shall certify to the city commission that, by reason of facts stated In the certificate, a stay would cause imminent peril to Ilfe or property. in such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. Page 4 of 120 Agenda Item #2.A. 21 Mar 2022 sec. 24-65. - Variance. ■ Sec. 24-65. - Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a variance may be authorized Include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be Inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon findings of fact that the application Is consistent with the definition of a variance and consistent with the provisions of thls section. (2) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by - exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the community development board. In the event, that the use -by -exception is denied by the community development board, any approved variance shall be rendered null and void. (3) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan, Page 5 of 120 Agenda Item #2.A. 21 Mar 2022 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. Page 6 of 120 Agenda Item #2.D. 21 Mar 2022 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: APP22-0001 SUBMITTED BY: Amanda Askew, Director of Planning and Community Developments TODAY'S DATE: March 15, 2022 MEETING DATE: March 21, 2022 BACKGROUND: The applicants, William and Sara Carriere, are appealing the final decision of the Stix° 1547 Community Development Board (CDB). They are appealing the decision for variance request ZVAR21-0019 1550 made by the CDB on December 21, 1525 2021, The property, 1515 Beach Avenue, is located on the northeast corner of 15" Street and Beach Avenue 1st) and is located in the Residential, Single- Fantily (RS -2) zoning district. The CDB denied the request for a variance from Section 24-106(e)(2) to reduce the minimum rear yard setback from 20 feet ' 1497 46 to 15 feet to connect an existing detached garage to the principal structure. The CDB denied the request 126 1475 finding that the required factors to support a variance were not meet "due to lack of grounds for approval," Section 24-49(b) of the Land 1460 Development Regulations permits the appeal of the final decision of the CDB by any adversely affected person(s) and states that they are de novo (start from the beginning). In other words, as if the CDB hearing had not occurred. Per 24-49(b) the applicant must indicate that the decisions of the CDI3 being appealed is in conflict with or in violation of Chapter 24. Since this is a de novo proceeding, Conunission must review the appeal under the criteria set forth in section 24-65(c) variances. 1451 According to the applicants application the grounds for appeal are the following: • "The structures at 1517/1515 Beach Avenue (subject property are 15 feet from the set back and 30 feet from the pavement) • The structures at 1497 Beach Ave/46 1511 Street distance from the set back of Beach Ave is 0 feet or 15 feet from the pavement (see pavements attached)" Page 7 of 120 Agenda Item #2.D. 21 Mar 2022 Additional inl'ortnalion provided by the applicant is found in the background description on page two (2) of the appeal application. They summarize the need For the variance as the desire to accommodate the ability to comfortably and safely age in place. VARIANCE REQUEST; The need for the variance is due to the request to build an addition that will connect the existing detached garage to the principal structure. If the detached garage is attached or connected to the principal structure, the detached garage is now considered part of the principle structure, therefore, it is required to meet setbacks for the principal structure. The subject property has an existing two-story house and existing two-story detached garage. The two-story detached garage was constructed when the property was redeveloped in the 2000's. The detached garage is located along Beach Avenue and is a legally existing accessory structure, as it meets the required 10 -foot setback to the rear and side property Tines for accessory structures Per Section 24-83(b), "for tots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean". As a result, the side of the property abutting Beach Avenue is considered the rear yard. This zoning district requires a 20 foot rear yard setback. The existing rear yard setback measured from the garage to the property line abutting Beach Avenue is 15 feet. The applicant requested a variance from Section 24-106(e)(2) to reduce the minimum rear yard setback from 20 feet to 15 feet to allow for the connection between the principal structure and detached garage. The applicant was denied the variance request by the CDB because found that the evidence did not meet any of the criteria outlined in 24-65. Section 24-65 authorizes the CDB to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical View From 15`' Street Beach Avenue " Page 8 of 120 Agenda Item #2.D. 21 Mar 2022 difficulties or undue hardship" upon a property owner. Examples relief include setbacks, impervious surface area, parking standards, fence heights, etc. "ln most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof." The Community Development Board denied the variance based on the lack of grounds for approval in section 24- 65(c). BUDGET: none RECOMMENDATION: Review and vote on APP22-0001 (an approval would approve ZVAR21- 0019 and a denial would not approve ZVAR21-0019) REQUIRED ACTION The Commission may consider a motion to approve APP22-0001/ ZVAR21-0019, request for a variance from Section 24-106 to reduce the minimum rear yard setback from 20 feet to 15 feet to connect an existing detached garage to the principal structure at 1515 Beach Avenue upon finding this request is consistent with the definition of a variance, and pursuant to Section 24-65(c) in the Land Development Regulations below: 1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the properly or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Or, The Commission may consider a motion to deny APP22-0001/ZVAR21-0019, request for a variance from Section 24-106 to reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue upon finding this request does not meet any of the criteria set forth in section 24-65(c) nor is consistent with the definition of a variance. ATTACHMENT(S): CDB staff report Variance application CDB meeting minutes REVIEWED BY CITY MANAGER: Page 9 of 120 Page 10 of 120 I Agenda Item #2.D. 21 Mar 2022 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 1.13 CASE NO. ZVAR21-0019 Request fin. a variance to ,Section 24-106(e)(2)reduce the minimum rear yard setback to connect an existing detached garage to the principal stricture at 1515 Beach Avenue, LOCATION 1515 Beach Avenue APPLICANT John November DATE December 14, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, John November, is representing the owners of 1515 Beach Avenue. This property is located on the northeast corner of 15th Street and Beach Avenue and is located in the Residential, Single- Family (RS -2) zoning district. The subject property has an existing two-story house and existing two-story detached 1497 garage, The two-story detached garage was constructed when the property was redeveloped in the 126 2000's. The detached garage is located along Beach Avenue and is a legally existing accessory structure, as it meets the required 1460 5 -foot setback to the rear and side property lines for accessory structures. The applicant is proposing to build an addition that will connect the existing detached garage to the principal structure. If the detached garage is attached or connected to the principal structure the detached garage is now considered part of the principle structure therefore, it is required to meet setbacks for the principal structure. Per section 24-83(b), "for lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean". Therefore, the side of the property abutting Beach Avenue is considered the rear yard. This zoning district requires a 20 foot rear yard setback. assn 1549 ikI 1550 1502 r 1525 .n, 1475 1451 Cnmmuruly npvelnnnment Rnwr, S ;11 Rarori Page 11 of 120 Agenda Item #2.D. 21 Mar 2022 The existing rear yard setback measured from the garage to the property line abutting Beach Avenue is 15 feet. The applicants are requesting a variance from section 24-106(e)(2) to reduce the minimum rear yard setback from 20 feet to 15 feet to allow for the connection between the principal structure and detached garage. ANALYSIS Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated "The coastal construction control line prohibits the property owner from getting full use of their property on the beach side property. The homeowner would like to connect the garage and the main house. This property would no longer be a nonconforming use if this variance is approved as it would be converting this property to a permitted use (single family dwelling) under section 24-106". Page 2 of 4 C r-myniry Devel000rrlert Board S1aq Report Page 12 of 120 Existing I'+� 'tai. --" � �' ti . { -t .n 1 PL. .. I I i I • II I ` II �` ri f Proposed +.� LOT LAC 5n • Beach Avenue (2) Surrounding conditions or circumstances impacting the properly disparately from nearby properties The applicant stated "Number single family homes on Beach Avenue have setbacks slightly less than 20 feet. In this circumstance, we are only applying for a variance for a mere 5 feet as the garage will keep its current setback of 15 feet from the property line. The public's view of the property will remain the same if this variance is granted as the changes to the property will occur behind the garage/carriage house as it connects with the main house". (3) Exceptional circumstances preventing; the reasonable use of the property as compared to other properties in the area. The applicant stated "the coastal construction control line prohibits the property owner from getting full use of their property on the beach side of the property. Granting this variance allows the city to contribute the trend of limiting duplexes and converting them to single family homes in this area. This change to single family will result in less impacts on public resources including Tess trash receptacles and Tess vehicles needing parking spaces". (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. 2 59 Fi L. 114 f7 11 • • Agenda Item #2.D. 21 Mar 2022 LJ LiJ (I) 1 z t1 - LL I— tl 11 WT PND ;A": GC 'l j EDGE Pr VA.fIVE'111 Page 3 of 4 (:nmmunihr nAVRlnnnment. Rgent Staff Rennri • Page 13 of 120 Agenda Item #2.D. 21 Mar 2022 (6) Substandard size of a irrl ref record warranting ra variance in order to I►rovide for the reasonable use of the properly. The applicant stated "The property is only 50 feet wide which limits the reasonable use of the property as it is a substandard lot size. This limited width combined with the limitations imposed by the coastal construction line on the beach side of the property also substantially limits the depth of the property that can be sued by the property owner". REQUIRED ACTION The Community Development. Board may consider a motion to approve ZVAR21-0019, request for a variance reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue, upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, al the discretion of the Community Development Board, ,for the fallowinlg reasons: (1) Exceptional topographic conditions of or near the property, (2) Surrounding conditions or circumstances. impacting the property disparately front tiearhy properties. (3) Exceptional circumstances. preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property, (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property, Or, The Community Development Board may consider a motion to deny ZVAR21-0019, request for a variance to reduce the minimum rear yard setback to connect an existing detached garage to the principal structure at 1515 Beach Avenue. Page 4 of 4 Ch1IHnllNhf bevetonornimnl R t Sialf Renort Page 14 of 120 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic BeaCh, FL 32233 �I:ivy (P) 904-247-5800 APPLICANT INFORMATION NAME John November ADDRESS 2029 Third Street North PROPERTY LOCATION 1515 Beach Avenue RE# 170309-0000 BLOCK # BLK 62 LOT/PARCEL SIZE 50x2D0 Agenda Item #2.D. 21 Mar 2022 FOR INTERNAL OFFICE USE ONLY FILE # ZVAR21-0019 EMAIL john@andersonnovember.com CITY Jacksonville Beach STATE FI ZIP CODE 32250 PHONE It 904-525-3042 CELL # (904) 525-3042 LOT # LOT 1 ZONING CODE R52 UTILITY PROVIDER JEA COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Residential Low PROVISION FROM WHICH VARIANCE 15 REQUESTED Section 24-106 (e) (1) The applicant would like to create a single family home and the proposed connected garage is currently 15 feet from property line. Homeowner's Association or Architectural Review Committee approval required for the proposed construction p YESX[] NO Of yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site Dian must clearly describe and depict the Variance that is reauested, PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownersh Ip: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner. provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought, 4. Required number of copies: One (1) digital copy- additional paper copy is optional. 5. Application fee of $300.00. 1 H -E: Y CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent I.el !T.2.1-1 5I John November 11-29-2021 R OF APPLICANT PRINTOR TYPE NAME DATE SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME 1 Signed and sworn before me on this - day of N O V Z 4N 6V - t N O U4 Mli`6r Identification verified: {�f' f- 4 t,r i L• L p r Oath Sworn: ¢] Yes 1=I No 19 VARIANCE APPLICATION 08.25.2020 07_ by +■ Notary PutUC Stall et P11 IPs My CemmI on 1-41434shoy t itplre§ o7R2l2D27 90r gnatur DATE State of I— r • ! 1`1 County of ILVrt1 ission expires / —1 -� Variance Application Page 15 of 120 Agenda Item #2.D. 21 Mar 2022 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. 1. Exceptional topographic conditions of or near the property. The coastal construction control line prohibits the property owner from getting full use of their property on the beach side of the property. The homeowner would like to connect the garage and the main house, Thls property would no longer be a nonconforming use if this variance 15 approved as It would be converting this property to a permitted use (single family dwelling} under section 24.106. 0 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. Numerous single family homes on Beach Avenue have setbacks slightly less than 20 feet. In this circumstance, we are only applying For a variance for a mere 5 feet as the garage will keep It's current setback of 15 feet from the property line. The public's view of the property will remain the same If this variance is granted as the changes to the property will occur behind the garage/carriage house as it connects with the main house. 0 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties In the area. `The coastal construction control Zine prohibits the property owner from getting full use of their property on the beach side of the property. r Granting this variance allows the city to continue the trend of limiting duplexes and converting them to single family homes in this area. This change to single family will result In less lmpacts an public resources including less trash receptacles and less vehicles needing parking spaces. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of Improvements upon the property. 5. Irregular shape of the property warranting special consideration. D 6. Substandard size of a Lot or Record warranting a Variance In order to provide for the reasonable use of the property. The property Is only 50 feet wide which limits the reasonable use of the property as it Is a substandard lot size, This limited width combined with the limitations Imposed by the coastal construction line on the beach side of the property also substantially limits the depth of the property that can be used by the property owner. a. Approval of a Variance. To approve an application For a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance Is denied by the Community Development Board, no further action on Another application for substantially the same request an the same property shall be accepted for 365 days from the date of denial. e. Time period to Implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within slx (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shalt run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 08.25.2020 Variance Application Page 16 of 120 Letter of Authorizatiop 1, Dr. William Carriere, am the owner of the property located at 1515 Beach Avenue. 1 authorize John Novembe •. to represent me for all purposes related to this variance application. Sip.aatu U.11//fes G-ateitigre A -4)T am,GesA-0 Printed Name cqp0 are Variance Application Agenda Item #2.D. 21 Mar 2022 Page 17 of 120 Doc 6 2010077833, OR BK 15205 Page 463, Number Pages: 2, Recorded 04/07/2010 at 09:41 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $22400.00 THIS INSTRUMENT PREPARED BY: Richard T. Morehead Title & Escrow, Inc. Beth Murphy 444 Third Street Neptune Beach, FL 32266 RECORD AND RETURN TO: Richard T. Morehead Title & Escrow, Inc. 444 Third Street Neptune Beach, FL 32266 RE PARCEL ID 4:170309-0000 CONTRACT SALES PRICE: $3,200,000.00 jo oa i'i9g WARRANTY DEED THIS WARRANTY DEED made this 30th day of March, 2010 by Gregory S. Saig and Jill M. Saig, husband and wife, hereinafter referred to as grantor, whether one or more, and whoF_ address is / O geAcd >974.40.&_, A l4 -f7 R r. �A2fL4 31,?..3. to William L. Carriere and Sara B. riere, husband and wife, hereinafter reterrel ar C " to as Grantee, whether one or more, and whose address is 1515 Beach Avenue, Atlantic Beach, FL 32233 (Wherever used herein the term "grantor" and "grantee" include at the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten and NO/100 Dollars and other valuable considerations, in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee the following described land situate, lying and being in the County of Duval, State of Florida to wit: Lot 1, Block 62, ATLANTIC BEACH, according to plat thereof as recorded in Plat Book 5, Page 64, of the current public records of Duval County, Florida. SUBJECT TO taxes accruing subsequent to December 31, 2009. SUBJECT TO covenants, restrictions and easements of record, if any; however, this reference shall not operate to reimpose same. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. Page I of 2 Form software by: Automated Real Estate Services, Inc. - 800. 330.1295 File: 10B624EM Variance Applicalion Agenda Item #2.D. 21 Mar 2022 Page 18 of 120 OR BK 15205 PAGE 464 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Si i ', sealed ant AO I I IP delivered in our pres ce: uttess b4+ir 1=e 1 rf Witness Witness Witness STATE OF Florida COUNTY OF Duval The foregoing instrument was acknowledged before me this 30th day of March, 2010 by Gregory S. Saig and Jill M. Saig, husband and wife. He/She/They have produced 1,6t) ' ue&i,, S as identificatiol� No . Public, County and Stated Notary Printed Signature My commission expires: ( Documentary Stamps in the amount of $22,400.00 have been paid. Page 2 of 2 Form software by: Automated Real Estate Services, Inc. - 800. 330.1295 File: 10136240M Variance Application Agenda Item #2.D. 21 Mar 2022 Page 19 of 120 Carriere Legal Description Lot 1, Block 62, ATLANTIC BEACH, according to plat thereof as recorded in Plat Book 5, Page 64, of the current public records of Duval County, Florida. Legal LN Legal description 1 5-64 16 -2S -29E .300 2 ATLANTIC BEACH 3 LOT 1,LANDS LYING ELY THEREOF 4 BLK 62 Variance Application Agenda Item #2.D. 21 Mar 2022 Page 20 of 120 OZT JO TZ abed gra OC az m CHEMED B1^ �FR£, . 4MN Br, I ,x Y on _ `ac rr1__' 1 li Ia LOT 1a»Q a z0. 1t � '' 'LyyyS�1f §$ ' , a I E 10.1 • Elk.'s' n,, FIF[£ENTi STREET t 3 } aprtv�� / f / ' •W �rtr Ldiq urc MAP SHOWING SURVEY OF + 0.0D. s�, nva arwa as acwRxm it +,,.r xev. i 1122.- Timor. Wa ^4'£a 4440 4011.2 04,0 40 [.11 vx4 ,'[ [ar6a+ mmn'L u2 txnw sww Lw ,zE MO�L1 h 1.1213 /6r w0.dIk Or ,4 .OaR Vr[ p YF T�1xl Mee Lee v ship TM at w S4•TPrt� alncrcaTOu IN.6P 24,¢0 �] .OTS Oz A �w4 ken A L2 f TW leAkr MCm�Sr[kiL+L� 2. A y Z...91,Sown. M1aRw P W L re name lirtnerkz. RP %a, WLO. mod AL1= rt=W,mr RBu maw. NM TL u41E ISMS! 4021.1M. 020.2 2140 ,0.121 c 2. 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VLF NJ.,1111 1 , I u,LI LLILILI I u I_ iiia ,, LI I I I, j) „ I I I I I i I k ,, I, {1, „ -'.1 fT i- - - 1 EEGiIJ' FM ..1+1 '..,,zGONGIeTE r 111101! 1 311111 • 1 41. 11 1111111 1 r 4' y - y.au• oi04096.4na 11111111111.)P: 14) Ali eLev 1 IY Q'335 EJ_ SEPROOM 02 WOOD 14'-3 I/2" x • 5'-5 BEDROOM 01 / !"LAYRODM 14'-3 I/2° x - ZOO �� TOYER W40f7 - 3' -Il" 7-4" I4'-8" Agenda Item #2.D. 21 Mar 2022 Page 25 of 120 Page 26 of 120 Agenda Item #2.D. 21 Mar 2022 Present: Absent: Also Present: MINUTES Community Development Board (CDB) Meeting Tuesday, December 21, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Kirk Hansen, CDB Chair Jeff Haynie, Member Ellen Golowl bek Jennifer Lagner, Member James Moyer, Member Sylvia Simmons, Member Richard Schooling, Member Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDI)) Valerie Jones, Recording Clerk Abrielle Genesi, Planner L 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 October 19, 2021 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1029 Atlantic Boulevard ZVAR21-0O1B (Baptist Health) Request for a variance from Section 17-29 (c) to exceed the maximum number of freestanding signs on a single development parcel. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked what the footage was on the frontage for Atlantic Boulevard. Director Askew said it was over 500 feet but the code caps out at a maximum of 2 signs no matter what the frontage is. Mr. Haynie asked if there was a problem with the total square footage of the monument sign, Director Askew said that the size of the monument sign and the building sign meets code. Ms. Golonrhek asked if these were separate properties would they each get their own sign, Director Askew said that was correct, Comm I) ,clop Board Or 'DB) Ikeemher 21, 21)21 Page 1of6 Page 27 of 120 Agenda Item #2.D. 21 Mar 2022 APPLICANT COMMENT: Zack Miller of 3203 Old Barn Court in Pontc Vectra introduced himself as representing Baptist 1 lealth. lie explained that there isn't any other shopping centers in Atlantic Beach that has this touch street frontage. Mr. Miller explained that the limit of 2 free standing signs had been met by the existing shopping center and Panera since they are on the same parcel. Ile said that they applicant is asking lin' I monument sign that will meet all the monument sin requirements. Ms, Lanier asked if the applicant would be on the sign that is out in front of the property that lists all of'the slopping center businesses. Mr. Miller saki the, would not. PUBLIC COMMENT: Chair Hansen opened the floor to public comment, 'Fhcrc being no public continents Chair Hansen closed the floor. BOARD DISCUSSION: Mr, Haynie said he could approve this variance under 24- 65(c) #2 and #3 of the grounds Icer decision. Ms. Lanier agreed with Mr. Haynie. Ms. Golombek said she could approve it under #3. MOTION: To APPROVE ZVAR21-0018 under #3 and #4 or grounds for approval. Mallon: Linda Lanier Second: Jeff Haynie Linda Lausier (Mil)Vi BJ) For Kirk Hansen For Jeff Haynie (Seconded By) For Ellen Golonthek For Motion paved 4 to ll. 13. 1515 Beach Avenue ZVAR21-0019 (William and Sara Carriere) Request fora variance to reduce the minimum rearyard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. STAFF REPORT: Planner Genesi presented the information as explained in the staff report, She also provided a PowerPoint presentation. Ms. Golembek asked if the variance was granted, making the 2 structures into I then if someone decided to tear it down in 20 years and build another home then would the variance still apply. APPLICANT COMMENT: John November of 2029 3rd Street North in .Jacksonville Reach introduced himself as representing the applicant, Ile explained that the applicant would like to build an elevator in their home to provide adequate access to the main house and the carriage house, Mr, i Iaynie asked if the primary reason for the addition was for the elevator. Mr. November said it would have a bedroom and some other space but the main purpose was for the elevator. l'amnnmilti I)erelnpmem Board (('1)11) December 21, 2021 Page 2 of (i Page 28 of 120 Agenda Item #2.D. 21 Mar 2022 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Ms. I)urden held the swearing in. Karen Perrin from Atlantic Beach in►i'SSduced herself as an adjacent neighbor and said her main concern was run-off from the parcel, She saki that the run- off from this parcel and the parcel next currently creates water pooling up in front of the properties. Ms. Perrin was also concerned about obstructing the view. There being no further public comments Chair Hansen closed the floor, BOARD DISCUSSION: Ms. Lanier asked if the elevator would encroach the set -back on the south side. Director Askew said it would not. Ms, Lanier said she likes elevators because they do allow aging -in-place strategy. She didn't feel like there would be any impact on walkers, runners or bikers in the area. Ms. Lanier disclosed that she had a conversation with Mr. November. She said the nature of the conversation was what kind of information the Board needed to have (personal regarding the homeowner or building and code related). Mr. Haynie said he wasn't able to find a ground for decision to approve the variance. Ms. Lanier asked if it could he24-65(c) 41 since the ocean and beach does limit what can happen on the east side of the property. Chair Hansen said that every property on that street would have the same issue so this properly would not he any different. Ms. Golombek was concerned that if this variance is granted then the property become a single home property. She agreed that the drainage issue is a valid concern. Chair Hansen saki that if this variance was requested when the house was originally built it would not have been granted. He said he cannot support this variance. Ms. Lanier asked what the impervious surface is currently and what would it be ifthe variance was granted. Director Askew said she thought it was around 42% and would be around 44.7% if granted. She added that if they add more than 250 square feet then they would have to add additional drainage, Ms. Lanier asked Staff if anything had happened since the construction of'the building that would have changed the allowable use. Director Askew said there was no change. Ms. Lanier said she would like to approve the variance but telt constrained by the 6 criteria. MOTION: To DENY ZVAR21-0019 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Ellen Golombek Linda Lanier For Kirk Hansen For Jeff Haynie (Moved Bp For Ellen Golainhek (Seconded B}') For Motion passed 4 la 0, C. 763 Atlantic Boulevard ZVAR21-0020 (Karl Sanders) Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) Feet of a religious Institution. i'ommouit) Ilevelopment Iioxrd 1[1)131 Deccmhcr 21, 2021 Page 3of6 Page 29 of 120 Agenda Item #2.D. 21 Mar 2022 STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Karl Sanders introduced himself as representing the applicant and potential tenant. He explained his Exhibits A-E that had been added to the agenda packet. Mr. Sanders also provided dozens of additional letter's of which provided details about the project and property support from the community and the church. He explained the State laws and regulations regarding medical marijuana dispensing facilities. Mr. Sanders spoke about the level of security that the facility would have and explained the parent company is highly regulated and very successful. Ms. Lanier asked Mr. Sanders if he had said that if the property was re -platted and became one parcel then this wouldn't be an issue. He said yes and explained that if they were one parcel the separation requirements would go away unless they are specifically limited to that. Mr. Sanders read the definition of a single development parcel from the code. Mr. Haynie asked if he thought anything had changed since the denial of a similar variance in June 2020. Mr. Sanders said that was a different tenant and the property owner has been making substantial improvements to the building and the road access. Ms. Golombek asked if this would be a grow facility and dispensary. Mr. Sanders said it would only be a dispensary for authorized prescription orders. Ms. Golombek asked if the company have another facility in Atlantic Beach. Mr. Sanders said they didn't but they have a facility off of San Jose and one in the Regency area. PUBLIC COMMENT: Ms. Durden held a swearing in. Charles Dewitt of 425 Atlantic Boulevard introduced himself as a resident and business owner in Atlantic Beach. He spoke in favor of the variance request. Elias Hionides of 763 Atlantic Boulevard said he represents the property owner. He said that they are on-site managers and monitor the property closely. Mr. Hionides cited reason for approval as #3 since the Church is a tenant and not an owner. Chris Hionides of 47 11th Street introduced himself as the owner of the property and a resident of Atlantic Beach for 38 years. He said the property has been vacant for 7 years and spoke of the difficulty of obtaining ownership of the property. Mr. Hionides said they have the full support of the church and only want the best for Atlantic Beach. Ms. Durden encouraged the Board to base their decision solely on the case before them. She said the separation issue is based on the use of the property and not the ownership. Ms. Durden said that different parcels or owners would not have affected this variance request. BOARD DISCUSSION: Mr. Haynie disclosed that he is a long-time active member of Beaches Vineyard Church and didn't think it would affect his decision. .He asked for clarity of Section 24-169(a) and a previous comment by Mr. Sanders on the interpretation. Ms. Durden said that the section would need to be interpreted along with the State Statute. She asked Chair Hansen to give Mr. Sanders the opportunity to respond. Mr. Sanders said that Section 24-169(a) speaks about the facility and the real property, so it's not between uses in his interpretation. lie read further and concluded that he disagreed with Ms. Durden's interpretation. Community Development Board (CD11) December 21, 2021 Page 4 of 6 Page 30 of 120 Agenda Item #2.D. 21 Mar 2022 Mr. Haynie said he can see there is a lot of public support for this variance but can't find any grounds according to their criteria in 24-65(c). Ms. Lanier remembered the Board setting the guideline for the 500 feet from a religious institution and she wasn't able to see any grounds to back away from that. Ms. Golombek she appreciates all of the support that has been shown for this variance but the boundaries and regulations that have been set need to be respected. MOTION: To DENY ZVAR21-0020 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Jeff Haynie (Moved By) For Ellen Golombek For Motion passed 4 to 0. D. 363 Atlantic Boulevard, Unit 8 UBEX21-0005 (Jordan Reemsnyder) Request for a use -by -exception to allow on -premises consumption of alcohol within the Central Business District zoning district at 363 Atlantic Boulevard, Unit 8. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about the clothing store in the area that got a use -by -exception and asked what the restrictions were. Director Askew said she wasn't working for the City at that time and deferred to Ms. Durden. She said she remembers the request and it was for beer and wine. Ms. Durden told the Board they can add a time restriction of their choice. APPLICANT COMMENT: Michael Kulik of 730 Bonita Road introduced himself as the owner of Candle Garden, along with his wife. He said they opened up 011 Black Friday and are very excited about the retail business in the Town Center. Chair Hansen asked what the business hours were. Mr. Kulik said their hours are currently 10:00 a.m. to 6:00 p.m. for retail and candle classes are from 6:00 p.m. to 8:30 p.m. He said that some people stay as late as 9:30 p.m. Ms. Golombek asked if the request was for the day or the evening hours, Mr. Kulik said they would like to have the request apply to the whole day. Mr. Haynie asked what size the classes were. Mr. Kulik said they max out around 8 people unless it was a private party. Community Development Board ((1)13) December 21, 2021 Page 5of6 Page 31 of 120 Agenda Item #2.D. 21 Mar 2022 PUBLIC COMMENT: Chair 1 Iansen opened the floor to public comment. 'There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Ilaynic said he could support the request with the condition of beer and wine no later than 10:00 p,m. Ms. Lanier agreed. Chair Hansen thought that 1 1:00 p.m, would he reasonable. MOTION: To APPROVE UI3LX21.0005 restricting it to beer and wine with hours from noon to 11:00 p.m. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved BIS) For Kirk Hansen For Jeff Haynie (Seconded Bp) For Ellen Golanrhek For Motion passed 4 10 0. 5. REPORTS 6, PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:20 p.m. Attest: Amanda As Cw Kirk Hansen, Chair Comm nit) net rlopmeni aurrd December 21, 2021 Page 6of6 Page 32 of 120 REQUEST FOR APPEAL City of Atlantic Beach )s.. Development Department 800 Seminole Road Atlantic Beach, FL 32233 �; (P) 904-247-5800 SITE INFORMATION �f� p ADDRESS f s.( QMd 15ir "� 1 T3eLWt A -v SUBDIVISION RD 7050q --40f4-74 APPLICANT INFORMATION NAME ADDRESS Agenda Item #2.E. 21 Mar 2022 1. FOR INTERNAL OFFICE USE ONLY IA FILE # 19p-22." 000 BLOCK P 100.00 Application Fee LOT i I:KAMPEN-11AL © COMMERCIAL fl OTHER (kriiA,Ghd ‹).eaa.6-r1E)(e _ _ EMAIL evil eev ti S/,12e ( i5- Bead:. Ave. CITY 41!6, I,864 STATE J7 ZIP CODE 3223 PROPERTY LOCATION 1 �lc C. ,Q -(/•e/ 1571 Ted tMopHoNE 1J qo '•. -5 L # REH (1030- LOT/PARCEL SIZE S72 ]C 7—O0 ZONING CODE R$Z WHAT ISSUE ARE YOU APPEALING? T e VL t 4 C Z VAR u 00 i c1 PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING: a r I decrAw r ,r40/05 d-0/ a p I HEREBY CEOS THAT ALL INFORMATION PROVIDED I5 CORRECT; Signature of Property Owner(s) or Authorized Agent fk N l6\`. \, V .0 1A -P4 ad; Fes. 04. Y! YY SIGNPytU E OF APPLICANT CLV, , SIGIJA4)JRE OF APP ICANT (2) PRINT OR TYPE NAME �w cam eive, PRINT OR TYPE NAME Signed and sworn before me on this /f Ldayof j-► _ e ' . T C?1L-L/N4L f v6. ( P/"/re. a Lt ► 11l1'iliVfii Identification verified. C-h��JJ..�l I' �� 1� Oath Sworn 0 Yes [ No 23 REQUEST FOR APPEAL 07,08,2019 //1//a7 - DATE 1V/i7-DA E 1/)y/1,7. DA t by State of rip -✓ C/6""-- tarVllgnature Prry„.Commisslon expires fi• 13YAPPLICANT County of be,/ AP Page 33 of 120 Respectfully, the grounds for appeal maybe found in Sec. 24-65 Variances. ( c)(1) Exceptional topographic conditions of or near the property ( c)(2) Surrounding conditions or circumstances impacting the property desperately from nearby properties. ( c)(3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Background: The purpose of the request is to accommodate the desire of the owners to age comfortably and safely in place. 1. To connect direct access from the garage into the home 2. To accomplish the addition of a residential elevator 3. To create direct access to the home for future caregiver space 4. To prevent future conflicts arising from potential separate ownership or control of 1517 and 1515 Beach Ave. Exemplified by the existing conflicts of similar circumstances of 1997 Beach Ave and 46 15th Street. 5. Previously a residential elevator company was unable to find an acceptable location for an elevator within the walls of 1515 Beach Ave or by adding an elevator to the exterior. 6. Peggy Cornelius Construction was consulted and created an acceptable plan for the residents and we believe for the community. Grounds for appeal per Sec 24.65 ( c)(1), (c)(2) • The structures at 1517/1515 Beach Ave (subject property are 15 feet from the set back and 30 feet from the pavement • The structures at 1497 Beach Ave/46 15`h Street distance from the set back of Beach Ave is 0 feet or 15 feet from the pavement (see pavements attached) Sec 24-65 (c)(3) • See explanations in Background section The variance requested meets the needs of property owners and in keeping with spirit and regulations of the city of Atlantic Beach. APPLICATION PROVIDED BY APPLICANT Agenda Item #2.E. 21 Mar 2022 Page 34 of 120 Existing � 111 1 Beach Avenue (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated "Number single family homes on Beach Avenue have setbacks slightly less than 20 feet. In this circumstance, we aro only applying for a variance for a mere 5 feet as the garage will keep its current setback of 15 feet from the property line. The public's view of the property will remain the same if this variance is granted as the changes to the property will occur behind the garage/carriage house as it connects with the main house". (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated "the coastal construction control line prohibits the property owner from getting full use of their property on the beach side of the property. Granting this variance allows the city to contribute the trend of limiting duplexes and converting thein to single family homes in this area. This change to single family will result in less impacts on public resources including less trash receptacles and less vehicles needing parking spaces". (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. Agenda Item #2.E. 21 Mar 2022 Page 3 of 4 APPLICATION PROVIDED BY APPLICANT Page 35 of 120 IE • 1 1 , I, 1 , ••.• „ Agenda Item #2.E. 21 Mar 2022 The existing rear yard setback measured from the garage to the property line abutting Beach Avenue is 15 feet. The applicants are requesting a variance from section 24-106(e)(2) to reduce the minimum rear yard setback from 20 feet to 15 feet to allow for the connection between the principal structure and detached garage. Principal Structure ANALYSIS View from 15th Street Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated "The coastal construction control line prohibits the property owner from getting full use of their property on the beach side property. The homeowner would like to connect the garage and the main house. This property would no longer be a nonconforming use if this variance is approved as it would be converting this property to a permitted use (single family dwelling) under section 24-106". Page 2 of 4 APPLICATION PROVIDED BY APPLICANT Page 36 of 120 APPLICATION PR Agenda Item #2.E. 21 Mar 2022 Page 37 of 120 Agenda Item #2.E. 21 Mar 2022 Page 38 of 120 Agenda Item #2.E. 21 Mar 2022 Page 39 of 120 Agenda Item #2.E. 21 Mar 2022 Page 40 of 120 Agenda Item #2.E. 21 Mar 2022 Page 41 of 120 1 ti Agenda Item #2.E. 21 Mar 2022 1 APPLICATI'rJN 1RDVIDED BY APPL Page 42 of 120 Agenda Item #2.E. 21 Mar 2022 Page 43 of 120 Agenda Item #2.E. 21 Mar 2022 _8{�IiION PROVIDED ey APPLICANT Page 44 of 120 Agenda Item #2.E. 21 Mar 2022 Page 45 of 120 Agenda Item #2.E. 21 Mar 2022 Page 46 of 120 Agenda Item #3.A. 21 Mar 2022 CITY OF ATLANTIC BEACH VARIANCE HEARING PROCEDURES FOR APP 22-0002 APPEAL FROM DENIAL OF VARIANCE ZVAR 21-0020 BY COMMUNITY DEVELOPMENT BOARD 763 Atlantic Blvd. Pursuant to 24-49(b) of the Land Development Regulations (LDR) attached, appeals from a decision of the Community Development Board (CDB) may be made to the City Commission by any adversely affected person(s), or any officer, board or department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR, in whole or in part, and specify the grounds of the conflict or violation. Appeals of a CDB decision to the Commission are de novo, meaning that the appeal hearing proceeds from the beginning, as if the prior hearing at the CDB had not occurred. Quasi-judicial proceedings, such as rezonings, uses by exception, variances, waiver requests, and appeals are not controlled by strict rules of evidence and procedure, but certain standards of basic fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the parties must be able to present evidence, cross-examine witnesses and be informed of all of the facts upon which the Commission acts. The hearing must be fair and impartial and contain the following requirements: • Notice per § 24-51(k), LDR. • Quasi-judicial hearings can be very informal. The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence. • Written decision. The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes, ordinances, regulations and policies as well as the facts. • Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part of the record. Suggested Procedure for Appeal Hearings. APP 22-0002 • Mayor to Open Public Hearing. • City Attorney — Procedural reminders/correspondence made part of record. • Disclosure by the Commission members of any ex parte communications (per Resolution 95-26, each Commissioner must disclose the subject of the communication and the identity of the person, group or entity who made the communication before final action). • Staff presents an overview of the subject matter and timeline of the application and basis for decision by CDB. • Commission questions for Staff, if any. • Applicant, and/or representatives/legal counsel, if applicable, present the request and support for approving the variance request and Applicant's witnesses, if any, make presentations. • Commission questions for Applicant/witnesses, if any. • Public comments — 3 or 5 minutes, depending on number of speaker cards submitted to Clerk. • Closing comments/rebuttal by Applicant (may include cross-examination if requested). • Mayor closes Public Hearing. • Commission deliberation and action, based on provisions set forth in Section 24-65 (c), Land Development Regulations, Variances (attached), which will be memorialized in a written order. • Commission may approve, approve with conditions or deny the variance request. • Per Section 24-65 (c), a variance may be approved if the Commission finds that one (1) or more of the following factors exists to support an application for a variance:(1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Page 47 of 120 Agenda Item #3.A. 21 Mar 2022 REFERENCED CODE SECTIONS Sec. 24-49. - Appeals. Appeals of administrative decisions made by the planning and community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) In accordance with the following provisions, Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth in section 24-51 hereof, At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the planning and community development director, Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the planning and community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, ruling, decision or determination being appealed. The planning and community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed, (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is In conflict with or in violation of this chapter, In whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the administrator shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. Page 48 of 120 Agenda Item #3.A. 21 Mar 2022 Sec. 24-65. - Variance. + Sec. 24-65. - Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. E=xamples of land development standards for which a variance may be authorized include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimUm lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. {a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. (2) The community development board shall not grant a variance, which would allow a use that Is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by - exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the community development board. In the event, that the use -by -exception is denied by the community development board, any approved variance shall be rendered null and void. (3) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. Page 49 of 120 Agenda Item #3.A. 21 Mar 2022 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. Page 50 of 120 AGENDA ITEM: SUBMITTED BY: TODAY'S DATE; MEETING DATE: Agenda Item #3.D. 21 Mar 2022 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT APP22-0002 Amanda Askew, Director of Planning and Community DevelopmentGi March 15, 2022 March 21, 2022 BACKGROUND: The applicant, Karl J. Sanders, is appealing the final decision of the Community Development Board (CDB). The applicant is appealing the decision for ZVAR21-0020 made by the CDB on December 21, 2021. The CDB denied the request for a variance from Section 24-169(a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution. The CDB denied the variance request finding that the request did not meet the grounds for approval of a variance as established in Section 24-65(c). The property is located on the northeast corner of Atlantic Blvd and Royal Palms Drive. It is a small shopping center with a restaurant, retail use and vacant space in the building. The retail use sells over the counter cannabis/hemp products and oils. The existing cannabidiol (CBD) oil store does not sell CBD products with Tetrahydrocannabinol (THC). The sale of CBD products without THC is treated like other retail stores in the Land Development Regulations. Several CBD products are for sale in Publix, Walgreens and major retailers. 9' Vineyard Church • rffriti¢I1 rr4 � CZ, f I pr -,.$,si . r w t, Variance request J ,• % 111 t`.. r - r f t 1 •"Ill. WI .I•a Section 24-49(b) of the Land Development Regulations permits the appeal of the final decision of the CDB by any adversely affected person(s) and states that they are de novo (start from the beginning). In other words, as if the CDB hearing had not occurred. Per 24-49(b), the applicant trust indicate that the decision of the CDB being appealed is in conflict with or in violation of Chapter 24. Since this is a de novo proceeding, Commission must review the appeal under the criteria set forth in section 24-65(e) variances. According to the applicant appeal application, the grounds for appeal are as follows: "The Order of the Community Development Board denying ZVAR21-0020 is in conflict with or violation of the plain and unambiguous language set forth in the City's Land Development Regulations (Chapter 24, City of Atlantic Beach Ordinance Code) regarding the allowable locations and minimum separation requirements for pharmacies and medical marijuana treatment center dispensing facilities, including the exceptional practical Page 51 of 120 Agenda Item #3.D. 21 Mar 2022 difficulties and undue hardship resulting from a strict application and/or erroneous interpretation of Section 24- 169(a) of the City's land development regulations, which provides that such facilities "shall not be located within 500 feet of the real property comprising each of the following: (1) another pharmacy or medical marijuana treatment center dispensing facility...; (2) public or private elementary, middle, or secondary schools...; and (3) religious institutions". The City of Atlantic Beach regulations regarding medical marijuana treatment center we adopted on June 11, 2018 with ordinance number 90-18-234. Several of the "Whereas" sections of the ordinance explained the desire by the city to regulate the placement of these types. "WHEREAS, the City has determined that Medical Marijuana Treatment Center Dispensing Facilities use are best suited to particular zoning categories and have formulated land development regulations that appropriately govern the use of real property for purpose of the cultivating, processing, or dispensing medical marijuana;.." WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to medical marijuana as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety and welfare; and WHEREAS, the City Commission now desires to adopt provisions in Chapter 24, Land Development Regulations, to authorize Medical Marijuana Treatment Center Dispensing Facilities in the City of Atlantic Beach." The intent of the ordinance is to regulate the placement of pharmacies and medical marijuana treatment center dispensing facilities in Commercial Zoning districts along Atlantic Blvd. and Mayport Road and require them to be located more than 500 feet from other pharmacies, medical marijuana treatment center dispensing facilities, schools, and churches. Medical marijuana treatment centers are a permitted land use in the CG zoning district subject to the requirements of section 24-169. The city determined that medical marijuana treatment centers and dispensing facilities are best suited to particular zoning categories and formulated regulations that govern the use of real property. Sec. 24-169. - Pharmacies and medical marijuana treatment center dispensing facilities. (a) Pharmacies and medical marijuana treatment center dispensing facilities shall not be located within five hundred (500) feet of the real property comprising each of the following: (1) Another pharmacy or another medical marijuana treatment center dispensing facility located within the city limits; (2) Public or private elementary, middle or secondary schools, including but not limited to those outside the city limits; and (3) Religious institutions, including but not limited to those outside the city limits. (b) Pharmacies and medical marijuana treatment center dispensing facilities shall be located on a parcel with frontage on either Atlantic Boulevard or Mayport Road. (c) Doors and entryways of medical marijuana treatment center dispensing facilities and pharmacies typically used by customers for access to a building, not to include doors intended to be used solely as delivery doors or emergency exits, shall be located at least one hundred (100) feet from a residentially zoned property line as demonstrated by a survey provided upon request by the city. (d) Medical marijuana treatment center dispensing facilities shall operate in compliance with F.S. § 381.986, as amended, and any applicable regulations promulgated by the State of Florida. (e) Pharmacies shall operate in compliance with Chapter 465, Florida Statutes as amended, and any applicable regulations promulgated by the state. Page 52 of 120 Agenda Item #3.D. 21 Mar 2022 VARIANCE REQUEST: The applicant requested a variance from 24-169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution (Beaches Vineyard Church). I'er section 2417 of the Land Development Regulations a medical marijuana treatment center dispensing facility "means a facility licensed and operated for the purpose of dispensing medical marijuana, in accordance with F.S. 381.986, and all other applicable local and state rules, regulations and statutes." Medical marijuana treatment centers are a permitted land use in the CG zoning district (this area along Atlantic Blvd. is zoned CO) but are subject to the requirements of section 24-169. The city determined that medical marijuana treatment centers and dispensing facilities are best suited to particular zoning categories and formulated regulations that govern the use of real property. The subject property is immediately adjacent to a property with a religious institution (Beaches Vineyard Church). They share the same property line therefore, an application for a variance was submitted. From the eastern most edge of the building located at 763 Atlantic Blvd to the front door of the Beaches Vineyard Church is approximately 410 feet. Section 24-169 prohibits a medical marijuana treatment center dispensing facility within five hundred (500) feet of another pharmacy, schools or religious institutions. In June 2020, the community Development Board reviewed the same variance request to waive the 500 foot separation requirement between churches and medical marijuana facilities. A motion to deny the request was made and passed at a vote of 5 to 1 (5 for and 1 against) "...because it does not meet the criteria for approval." The applicant waited over one year and resubmitted the same variance request in 2021. Since it has been longer than one (1) year, section 24-65(g) that requires "applications for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial" did NOT apply. The applicant was denied the variance request by the CDB because they found that the evidence did not meet any of the grounds for approval of a variance outlined in Section 24-65(c). Section 24-65 authorizes the CDR to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of relief include setbacks, impervious surface area, parking standards, fence heights, etc. "In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof." The Community Development Board denied the variance based on the lack of grounds for approval in section 24- 65(c). Page 53 of 120 Agenda Item #3.D. 21 Mar 2022 BUDGET: none RECOMMENDATION: Review and vote on APP22-0002 (an approval would approve "the ZVAR21-0020 and a denial would not approve ZVAR21-0020) REQUIRED ACTION The Commission may consider a motion to approve APP22-0002/ ZVAR22-0020, request for a variance to Section 24-169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution upon finding this request is consistent with the definition of a variance, and pursuant to Section 24-65(c) in the Land Development Regulations below: 1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. Or, The Commission may consider a motion to deny APP22-0002/ZVAR21-0020, request for a variance to Section 24-169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution upon finding this request does not meet any of the criteria set forth in section 24-65(c) or it is not consistent with the definition of a variance. ATTACHMENT(S): CDB staff report Variance Application CDB Meeting Minutes REVIEWED BY CITY MANAGER: Page 54 of 120 Agenda Item #3.D. 21 Mar 2022 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.0 CASE NO. ZVARZI-0020 Request,fbr a variance to Section 24-169 (0)(3) to allow a medical marijuana treatment center dispensing facility within jive hundred (500) feet of a religious institution LOCATION 763 Atlantic Boulevard APPLICANT Karl J. Sanders, Esq. DATE December 1, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Karl J. Sanders, the agent of record for 763 Atlantic Blvd. This property is located on the northeast corner of Atlantic Blvd. and Royal Palms Dr., within the Commercial General (CG) zoning district. The property is a small shopping center and has a restaurant, retail use and vacant space in the building. The retail use sells over the counter cannabis/hemp products and oils, The existing cannabidiol (CBD) oil store does not sell CBD products with Tetrahydrocannabinol (THC). CBD and THC are both cannabinoids found in marijuana. Though similar in what they may help treat, the most important difference is that THC will cause a person to experience a high while CBD will not. CDB products without THC are legal to see and are treated like retail stores, Several CDB products are for sale in Publix, Walgreens and major retailers. Atlantic Blvd. atiN . , 4 4 AIMlifis pLYU The applicant is requesting a variance to 24-169 to waive the distance requirement between this property and a religious institution (Beaches Vineyard Church) for a medical marijuana treatment center dispensing facility. Medical marijuana treatment centers dispense various products, some of which contain THC. Per section 24-17 of the Land Development Regulations a medical marijuana treatment center dispensing facility "means a facility licenses and operated for the purpose of dispensing medical marijuana, in accordance with F.S. 381.986, and all other applicable local and state rules, regulations and statutes." Community De rd Staff Rnnnrf Page 55 of 120 Agenda Item #3.D. 21 Mar 2022 Medical marijuana treatment centers are a permitted land use in the CO zoning district subject to the requirements of section 24-169. The city determined that medical marijuana treatment centers and dispensing facilities are best suited to particular zoning categories and formulated regulations that govern the use of real property. Section 24-169 prohibits these uses within five hundred (500) feet of another pharmacy, schools and religious institutions. This property is immediately adjacent to a property with a religious institution (Beaches Vineyard Church). They share the same property line therefore, an application for a variance has been submitted. From the eastern most edge of the building located at 763 Atlantic Blvd to the front door of the Beaches Vineyard Church is approximately 410 feet. On June 16, 2020, the community development board reviewed the same variance request to waive the 500 ft separation requirement between churches and medical marijuana facilities. A motion to deny the request was made and passed at a vote of 5 to 1 (5 for and I against) "...because it does not meet the criteria for approval." See page three (3) of attached June 16, 2020 CDB meeting minutes to review previous comments and discussion. Since it has been longer than one (1) year, section 24-65(g) that requires "applications for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial" does NOT apply. ANALYSIS Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact II= i, p" pr -Vineyard Church r r F • r� .751 r, �. • e,. .11!: ,, r at 4`i "rolis "t 110 V 410 ft, from edge of bldg.; f� to front door Page 2 of 4 Cnm 171 r n1.11Pi Irv, rt. Rnlyd St ofI • Page 56 of 120 IN Agenda Item #3.D. 21 Mar 2022 that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "]a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation deem in provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set firth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance; (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated "the former movie theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church". (3) Exceptional circumstances. preventing the reasonahle use of the properly as compared to other properties in the area. The applicant stated "the former movie theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church". (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated "the former movie theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church". (5) Irregular shape of the properly warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the properly. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0020, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. variance may be granted, at the discretion of the Community Development Board, .for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately,froru nearby properties. (3) Exceptional circumstances preventing the reasonable use nf'the property as compared to other properties in the area. (4) Onerous effect of regulations enacted q/]er planing or alter development of the property or after construction of irnp•overlaenls upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of'a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 3 of 4 Community rleve.IMA tir,1 43wrmi SIxlr Rrnnnl Page 57 of 120 Agenda Item #3.D. 21 Mar 2022 Or, The Community Development Board may consider a motion to deny ZVAR20-0020, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is not consistent with the definition of a variance. Page 4 of 4 C,mmrjnitr CCevpinnmPrI Rnarrl RIai Rnnnri Page 58 of 120 Agenda Item #3.D. 21 Mar 2022 Present: Absent: Also Present: MINUTES Community Development Board (CDR) Meeling Tuesday, December 21, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Kirk Hansen, CDB Chair Jeff Ftaynie, Member Hien Golombek Jennifer Lugner, Member James Moyer, Member Sylvia Simmons, Member Richard Schooling, Member Brenna Durden, City Attorney (CA) Amanda Askew. Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest. Planner I. 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 October 19, 2021 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1029 Atlantic Boulevard ZVAR21-0010 (Baptist Health) Request for a variance from Section 17-29 (c) to exceed the maximum number of freestanding signs on a single development parcel. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked what the I'ootage was on the frontage for Atlantic Boulevard. Director Askew said it was over 5001'eet but the code caps out al a maximum of 2 signs no matter what the frontage is. Mr. 1 laynie asked if there was a problem with the total square footage of the monument sign. Director Askew said that the size orate monument sign and the building sign meets code. Ms. Golombek asked if these were separate properties would they each get their own sign. Director Askew said that was correct, ('nnunuult} Ilevelopmead Bmitd (('013) neremher 21, I021 Page 1 ol'6 Page 59 of 120 Agenda Item #3.D. 21 Mar 2022 APPLICANT COMMENT: Zack Miller of 3203 Old Barn Court in Ponte Vedra introduced himself as representing Baptist Health. He explained that there isn't any other shopping centers in Atlantic Beach that has this much street frontage. Mr. Miller explained that the limit of 2 free standing signs had been met by the existing shopping center and Panera since they are on the same parcel. He said that they applicant is asking for 1 monument sign that will meet all the monument size requirements. Ms. Lanier asked if the applicant would be on the sign that is out in front of the property that lists all of the shopping center businesses. Mr. Miller said they would not. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could approve this variance under 24- 65(c) #2 and #3 of the grounds for decision. Ms. Lanier agreed with Mr. Haynie. Ms. Golombek said she could approve it under #3. MOTION: To APPROVE ZVAR2I-0018 under #3 and #4 of grounds for approval. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Jeff Haynie (Seconded By) For Ellen Golonthek For Motion passed 4 to 0. B. 1515 Beach Avenue ZVAR21-0019 (William and Sara Carriere) Request fora variance to reduce the minimum rear yard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golembek asked if the variance was granted, making the 2 structures into 1 then if someone decided to tear it down in 20 years and build another home then would the variance still apply. APPLICANT COMMENT: John November of 2029 3rd Street North in Jacksonville Beach introduced himself as representing the applicant. lie explained that the applicant would like to build an elevator in their home to provide adequate access to the main house and the carriage house. Mr. Haynie asked if the primary reason for the addition was for the elevator. Mr. November said it would have a bedroom and some other space but the main purpose was for the elevator. Community Development Board (CUB) December 21, 2021 Page 2 of 6 Page 60 of 120 Agenda Item #3.D. 21 Mar 2022 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Ms.1)urden held the swearing in. Karen Perrin iron) Atlantic Beach introduced herself as an adjacent neighbor and said her main concern was ru-off from the parcel. She said that the run- off from this parcel and the parcel next currently creates water pooling up in front of the properties. Ms, Perrin was also concerned about obstructing the view. There being no further public comments Chair Hansen closed the Iloor. BOARD DISCUSSION: Ms, Lanier asked lithe elevator would encroach the set -back on the south side. Director Askew saki it would not. Ms. Lanier said she likes elevators because they do allow aging -in-place strategy. She didn't feel like there would he any impact on walkers, runners or bikers in the area. Ms. Lanier disclosed that she had a conversation with Mr. November. She said the nature of the conversation was what kind of information the Board needed to have (personal regarding the homeowner or building and code related). Mr. Haynie said he wasn't able to find a ground for decision to approve the variance. Ms. Lanier asked if it could he24-65(c) #1 since the ocean and beach does limit what can happen on the east side of the property. Chair l Jansen said that every property on that street would have the same issue so this property would not be any different. Ms. Golornbek was concerned that if this variance is granted then the property become a single home property. She agreed that the drainage issue is a valid concern. Chair I loosen said that if this variance was requested when the (house was originally built h would not have been granted. Ile said he cannot support this variance. Ms. Lanier asked what the impervious surface is currently and what ‘vould it be lithe variance was granted. Director Askew said she thought it was around 42% and would be around 44.7% if granted. She added that if they add niorc than 250 square feet then they would have to add additional drainage. Ms. Lanier asked Staff if anything had happened since the construction of the building that would have changed the allowable use. Director Askew saki there was no change. Ms. Lanier said she would like to approve the variance but felt constrained by the 6 criteria. MOTION: To DENY ZVA R21.00 1 9 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Ellen Golutithik Linda Lanier For Kirk Hansen For Jeff Huyore (Moved By) For Ellen Golonrhek (Seconded BP) For Motion passed 4 to 0. C. 763 Atlantic Boulevard ZVAR21-0020 (Karl Sanders) Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution. f'ummmnit) nrsrlopmrnl nni`rd{{'1)131 December 21, 2021 Page 3 of 6 Page 61 of 120 Agenda Item #3.D. 21 Mar 2022 STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Karl Sanders introduced himself as representing the applicant and potential tenant. He explained his Exhibits A-E that had been added to the agenda packet. Mr. Sanders also provided dozens of additional letter's of which provided details about the project and property support from the community and the church. He explained the State laws and regulations regarding medical marijuana dispensing facilities. Mr. Sanders spoke about the level of security that the facility would have and explained the parent company is highly regulated and very successful. Ms. Lanier asked Mr. Sanders if he had said that if the property was re -platted and became one parcel then this wouldn't be an issue. He said yes and explained that if they were one parcel the separation requirements would go away unless they are specifically limited to that. Mr. Sanders read the definition of a single development parcel from the code. Mr. Haynie asked if he thought anything had changed since the denial of a similar variance in June 2020. Mr. Sanders said that was a different tenant and the property owner has been making substantial improvements to the building and the road access. Ms. Golombek asked if this would be a grow facility and dispensary. Mr. Sanders said it would only be a dispensary for authorized prescription orders. Ms. Golombek asked if the company have another facility in Atlantic Beach. Mr. Sanders said they didn't but they have a facility off of San Jose and one in the Regency area. PUBLIC COMMENT: Ms. Durden held a swearing in. Charles Dewitt of 42.5 Atlantic Boulevard introduced himself as a resident and business owner in Atlantic Beach. He spoke in favor of the variance request. Elias Hionides of 763 Atlantic Boulevard said he represents the property owner. He said that they are on-site managers and monitor the property closely. Mr. Hionides cited reason for approval as #3 since the Church is a tenant and not an owner. Chris Hionides of 47 11th Street introduced himself as the owner of the property and a resident of Atlantic Beach for 38 years. He said the property has been vacant for 7 years and spoke of the difficulty of obtaining ownership of the property. Mr. Hionides said they have the full support of the church and only want the best for Atlantic Beach. Ms. Durden encouraged the Board to base their decision solely on the case before them. She said the separation issue is based on the use of the property and not the ownership. Ms. Durden said that different parcels or owners would not have affected this variance request. BOARD DISCUSSION: Mr. Haynie disclosed that he is a long-time active member of Beaches Vineyard Church and didn't think it would affect his decision. He asked for clarity of Section 24-169(a) and a previous comment by Mr. Sanders on the interpretation. Ms. Durden said that the section would need to be interpreted along with the State Statute. She asked Chair Hansen to give Mr. Sanders the opportunity to respond. Mr. Sanders said that Section 24-169(a) speaks about the facility and the real property, so it's not between uses in his interpretation. He read fiuther and concluded that he disagreed with Ms. Durden's interpretation. Community Development Board (CDB) December 21, 2021 Page 4 of 6 Page 62 of 120 Agenda Item #3.D. 21 Mar 2022 Mr. 1 aynie said he can see there is a lot of public support Ihr this variance but can't find any grounds according to their criteria in 24-65(c), Ms, Lanier remembered the Board setting the guideline for the 500 feet from a religious institution and she wasn't able to see any grounds to back away from that, Ms. Gofombek she appreciates all of the support that has been shown for this variance but the boundaries and regulations that have hcen set need to he respected. MOTION: To DENY ZVAR21-0020 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Llncla Lanier Linda Lanier (Seconded By) For Kirk Hansen For Jcf f Haynie (Moved Br) For Ellen Galonhek For Motion passed d to Il. D. 363 Atlantic Boulevard, Unit 8 UBJ X21-0005 (Jordan Reeinsnyder) Request for a use -by -exception to allow on -premises consumption of alcohol within the Central Business District zoning district at 363 Atlantic Boulevard, Unit 8, STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about the clothing store in the area that got a use -by -exception and asked what the restrictions were. Director Askew said she wasn't working for the City at that time and deferred to Ms. I)urden, She said she remembers the request and it was for beer and wine. Ms. l)urden told the Board they can add a time restriction of their choice. APPLICANT COMMENT: Michael Kulik of 730 Bonita Road introduced himself as the owner of Candle Garden, along with his wife. Ile said they opened up on Black Friday and are very excited about the retail business in the Town Center. Chair Hansen asked what the business hours were. Mr. Kulik said their hours are currently 1():()0 a,m. to 6:00 p.m, for retail and candle classes are from 6:00 p.m. to 8:30 p.m. lie said that some people stay as late as 9:30 p.m. Ms. ('olonihek asked if the request was for the day or the evening hours. Mr. Kulik said they would like to have the request apply In the whole day. Mr. I laynie asked what size the classes were. Mr. Kulik said they max out around 8 people unless it was a private party. ('nmmuni1) 1)i eiopment BOSH (('DR) December 21, 21121 Page 5 of Page 63 of 120 Agenda Item #3.D. 21 Mar 2022 PUBLIC CO117 MI+ N'1': Chair I lansen opened the floor to public comment, 'There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could support the request with the condition of beer and wine no later than 10:00 p.m. Ms. Lanier agreed. ['hair Hansen thought that 11:00 p.m. would he reasonable. MOTION: To APPROVE UB[X21-0005 restricting 1110 beer and wine with hours from noon to 11:00 p.m. Marlon: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved Bp) For Kirk Hansen For Jeff Haynie (Seconded g1) For Ellen GOFOrphek For Motion passed 4 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:20 p.m. Attest: r%, Lam'. Kirk Hansen, Chair 1 nmmuni0 I1rrclnpmco1 Board (('1)11) 1)cccmber 21, 2021 Page 6of6 Page 64 of 120 Agenda Item #3.D. 21 Mar 2022 rte VARIANCE APPLICATION FOR INTERNAL OFFICE USE ONLY ' J City of Atlantic Beach FILE # Z•VA' �.1 ` 0021) 11 Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 0/ (P) 904-247-5800 APPLICANT INFORMATION NAME Karl J. Sanders, Esq. ADDRESS 1102 Al A N, Suite 203 PROPERTY LOCATION 763 Atlantic Blvd. RE# 177653-0005 LOT/PARCEL SIZE .49 acres CITY EMAIL kjsanders@kjslawpa.com Ponte Vedra Beach STATE FL PHONE # (904) 868-7929 BLOCK # LOT # ZIP CODE 32082 CELL # (561) 386-1216 ZONING CODE Commercial General (CG) UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Commercial (CM) ._.._ . . _ ..... PROVISION FROM WHICH VARIANCE IS REQUESTED Sec. 24-169. Pharmacies and medical marijuana treatment dispensing facilities shall not be located within 500 feet of the real property comprising each of the following... religious institutions Homeowner's Association or Architectural Review Committee approval required for the proposed construction D YES © NO (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site olan must clearly describe and depict the Variance that is reouested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required nu ' ber of copies: One (1) digital copy - additional paper copy is optional. 5. Applicatio ee of $300.Q0. I HER AT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent 1eFAP • CANT SIGNATURE OF APPLICANT (2) Karl J. Sanders PRINT OR TYPE NAME PRINT OR TYPE NAME 11/29/21 DATE DATE Signed and sworn before me on this day of aVetri, o?fc 1 by State of ROOOd0- ✓/ ,a-t01'S Identification verified: ilriocOil Oath Sworn: IX Yes ❑ No 19 VARIANCE APPLICATION 08.25.2020 vrrr✓�� County of SP'Obr)S Christina Marron N, NOTARY PUBUC • STATE OF FLORIDA MY COMMISSION EXPIRES JAN. 23, 2023 COMMISSION NO. GO 294015 M x.....,.W...t arySignature Commission expires J.—Q.0 c23 acaJ Variance Application Page 65 of 120 Agenda Item #3.D. 21 Mar 2022 The following paragraph sets forth reas®m VOT er,IllaCh a Variance may be approved, please check thu circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. ® 1. Exceptional topographic conditions of or near the property. V 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. The former movie theater building located at rear of adjacent property (which property is owned by same principals who own the properly where proposed facility is to be located) is currently leased by the Beaches Vineyard Church V 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The former movie theater building located at rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church im 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The former movie theater building located at rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church fl 5. Irregular shape of the property warranting special consideration. [J 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be In harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately In accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCEAPPLICA71ON09.25.2020 Variance Application Page 66 of 120 Q o ©tl irk o RIA iL COMMITS: See Supplemental Application Materials and Project Narrative submitted for consideration by Community Development Board at scheduled quasi-judicial hearing on variance application. 19 VARIANCE APPLICATION 0925.2020 Variance Application Agenda Item #3.D. 21 Mar 2022 Page 67 of 120 Agenda Item #3.D. 21 Mar 2022 Doc # 2019253672, OR BK 18990 Page 1982, Number Pages: 4, Recorded 11/04/2019 01:00 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $35.50 DEED DOC ST $8505.00 Exhibit 1 Prepared by William Nussbaum , 4035 Atlantic Blvd. \ Jacksonville FL 32207 Sr above for recorders use (` SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED dated this -7)0114 day of October, 2019 given by the Grantor, Handler Family Partnership I, LLLP,. a Colorado limited liability limited partnership (1053 W. Shepperd Ave., Littleton CO180120), to the Grantee, 412 Boardwalk, Inc., a Florida corporation (Post Office Box 330046, Atlantic Beach FL :32233). Witnesseth, that the Grantor, for good and valuable consideration, receipt of which is acknowledged, has granted, bargained and sold to the Grantee and the Grantee's heirs, successors and assigns forever, the real property and improvements located at 763 Atlantic Blvd., Atlantic Beach, DUVAL County, Florida 32233, being more particularly described as: Legal Description is on Exhibit A Property Appraiser's parcel identification number 177653-0000 (part) TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. And Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; and that Grantor fully warrants the title to said land and will defend the same against the lawful claims of all persons CLAIMING BY, THROUGH OR UNDER GRANTOR, except for taxes accruing after December 31, 2018. This conveyance is also subject to (i) Reciprocal Easement and Maintenance Agreement recorded at Official Records Book 18928, page 1844, Doc #2019210379; (ii) restrictions, reservations, and easements of record, but this reference to such restrictions, reservations and easements shall not operate to reimpose the same [signature appears on following page] Variance Application Page 68 of 120 OR BK 18990 PAGE 1983 In witness whereof, the Grantor, in the presence of the witnesses, has signed and sealed these presents on the date- set forth above. Signed in the presence of these witnesses: Witness 1: GRANTOR HANDLER FAMILY PARTNERSHIP I, LLLP / 1 Maury J. Handler, General Partner Witness 1 print name here: V «n M:, Witness 2: Witness 2 print namefNere: in%}ety 1 e�1.4_, STATE IFORNIA COUNTY QF ' a E (SEAL) On this day of July, 2019 the :oing instrument . acknowledged before me by Maury J. Handler, as general partner of and on behalf of Granto , di • take an oath, and is personally known to me or produced as identification the following: Variance Application Agenda Item #3.D. 21 Mar 2022 Page 69 of 120 OR BK 18990 PAGE 1984 EXHIBIT A LEGAL DESCRIPTION A part of the Castro -Y -Ferrer Grant, Section 38, Township 2 South, Range 29 East, in the City of Atlantic Beach, Duval County, Florida, and being more particularly described as follows: Commencing at the intersection of the North right-of-way line of Atlantic Boulevard (State Road No. A1A, a 100 foot right-of-way) with the East line of said Section 38; thence run South 89°13'58" West along said Northerly right-of-way line of Atlantic Blvd, 639.9 feet for the point of beginning; thence continue along said Northerly right-of-way line a distance of 175 feet to its intersection with the Easterly right-of-way line of Royal Palms Drive Extension (a 60 foot right-of-way as now established); thence run North 00°41'22" West along said Easterly right-of-way line a distance of 125 feet; thence run North 89°13'58" East a distance of 175 feet; thence run South 00°41122" East a distance of 125 feet to the point of beginning. LESS AND EXCEPT that portion as conveyed in O.R. Book 18928. Paee 1841 and as more particularly described as follows: Part of the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval county, Florida and being more particularly described as follows: , Commence at the' Northerly right-of-way line of Atlantic Boulevard as now established with the Easterly right-of-way line of Royal Palm Drive as now established; Thence North 00°41'22" West 125.00 feet along said easterly right-of-way line; thence North 89°13'58" East 117.00 feet to the Point of Beginning; thence continue North 89°13' 58" East a distance of 58 feet; thence South 00°41' 22" East, a distance of 4.50 feet; thence South 89°13'58" West, a distance of 58.00 feet; thence North 00°41'22" West a distance of 4.50 feet to the Point of Beginning. Variance Application Agenda Item #3.D. 21 Mar 2022 Page 70 of 120 OR BK 18990 PAGE 1985 CALIFORNIA ALL.PURPO8IR ACKNOWLEDGIARNT CIVIL CODE § 1189 y-.... S„(.',...:'.:'.:4.J..;...li_..•,...u.:..::..:].::1�:.:.1:.." _..-_:--,..�._.. �4:Za�whu/T•••Na,K.-.lt .!`,tC.-=...'ffliSS::.LS A notary pubtio or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 10 aol f before me, Date personally appeared Mary E. Steele, Notary Public Here insert Name and Title of the Officer /AAu&, HAND L /�-• Name(s) of Signer(s) who proved to me on th s,basis of satisfactory evidence to be the persort(s) whose name(sek/are tiybscribed to the within instrument and aclmowigdged to me that he/they executed the same in fi} /her/their authorized capacity�leS), and that b�her/thelr slgnatu on the instrument the person( , or the entity upon behalf of which the persort(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARY E. STEELE 1 COMM. #2181288 z Notaty Public - California g Riverside County My Comm. Expires Feb. 22, 2021 Slgnatu gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to`an unintended document. Description of Attached Document ae Gl 4L wAtzte- -ivTil Title or Type of Document Inc'' e_ Document Date: Number of Pages: 3j Signer(sT Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or.Con ervator Other. D4ap�i� di{JiYU/L Signer Is F1presenting: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attomey In Fact ❑ Trustee 0 Guardian or Conservator 0 Other Signer Is Representing: -.... _ ... _ m.-„:ae�w+w,r:.JY'L"�i:wiwi:�i�:wlvr►w,.:..eNn,.:,w�wuewwi:uws,swv,,,:e+,�w:w. 02014 National Notary Association • www.NationalNotary.ag • 1 -800 -US NOTARY (1-800-876-6827) item #5907 Variance Application Agenda Item #3.D. 21 Mar 2022 Page 71 of 120 OWNER'S AUTHORIZATION ZA.`i(I(ON IFOR AGENT City f Atilantic 83each Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 OWNER INFORMATION NAME 412 Boardwalk, Inc. ADDRESS P.O. Box 330046 CITY Atlantic Beach PHONE# CELL # STATE FL ZIP CODE 32233 2 Agenda Item #3.D. 21 Mar 2022 AGENIC INFORMATION NAME Karl J. Sanders, Esq. (authorized agent for Fluent Servicing, LLC) PHONE# 904-868-7929 ADDRESS 1102 AIA N., Ste. 203 CELL# 561-386-1216 cm, Ponte Vedra Beach STATE FL ZIP CODE 32082 Kari J. Sanders, Esq. is hereby authorized to act on behalf of Fluent Servicing, LLC regarding those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: ❑ BUILDING PERMIT 0 USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT 0 TREE PERMIT ® ZONING VARIANCE ❑ PLAT, REPLAT OR LOT DIVISION ❑ SIGN PERMIT 0 ZONING MAP AMENDMENT ❑ OTHER 1 HEREBY CERTIFY THAT i LL Ir FORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent CVNOS ti loci s 1),=). .1 SIGNATURE OF OWNER PRINT OR TYPE NAME DATE SIGNATURE OF OWNER #2 PRINT OR TYPE NAME DATE Signed and sworn before me on this __i__ day of 1avt...iit I' .c , Li.- 1 by State of 4~ I A (.1 ,1 ca -hfiS E%16.1i leS County of ..)tjval Identification verified: Vr- i 5vr-i,.il L i Oath Sworn: ❑ Yes ❑.N - _. . STEFANISERNA F1�Ydirk:State of Florida -Notary Public iirjjwil.g. Commission 8 GG 235032 MY Commission Expires July 04, 2022 11 OWNERS AUTHORIZATION 03.012018 Notary Sjgnature My Commission expires —5-L3 1 r` t 'L_c, Page 72 of 120 OWNER'S AUTHORIZATION FOR AGENT t City of Atlantic Beach ,'i) Community Development Department % 800 Seminole Road Atlantic Beach, FL 32233 Wk./ (P) 904-247-5800 OWNER INFORMATION NAME 412 Boardwalk, Inc. ADDRESS P.O. Box 330046 CITY Atlantic Beach AGENT INFORMATION NAME Fluent Servicing, LLC ADDRESS 82 NE 26th St., Unit #110 Crrw Miami STATE FL STATE FL PHONE# CELL # ZIP CODE 32233 PHONE # CELL # ZIP CODE 33137 Agenda Item #3.D. 21 Mar 2022 _Fluent Servicing, LLC _ - is hereby authorized to act on behalf of 412 Boardwalk, Inc. the owner(s) of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, In applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: ❑ BUILDING PERMIT 0 USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT ❑ TREE PERMIT ® ZONING VARIANCE 0 PLAT, REPLAT OR LOT DIVISION ❑ SIGN PERMIT 0 ZONING MAP AMENDMENT 0 OTHER I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owners) or Authorized Agent / 1/ SIGNA:r URE OF OWNED SIGNATURE OF OWNER #2 PRINT OR TYPE NAME PRINT OR TYPE NAME DATE DATE Signed and sworn before me on this kik—t—' day of kJ() oa'.> Ylbe - J-0 by State of l [0(l los c; ( 6y1r4.c5 Identification verified: •t (57,c1t {--✓1oW✓` Oath Sworn: C Yes (] No _ .Dlotary-Stgnature — My Commission expires ! cJ 1 '', 1 11 OWNERS AUTHORIZATION ,.v,.11,I STEFAN! SERNA State of Florida -Notary Public Commission # GG 235032 My Commission Expires July 04, 2022 County of )oval. Variance Application Page 73 of 120 BUYER/TENANT'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 BUYER/TENANT INFORMATION NAME Fluent Servicing, LLC ADDRESS 82 NE 26th St., Unit #110 CITY Miami AGENT INFORMATION NAME Karl J. Sanders, Esq. ADDRESS 1102 AIA N, Suite 203 CITY Ponte Vedra Beach STATE FL STATE FL PHONE # CELL # ZIP CODE 33137 PHONE # 904-868-7929 CELL# 561-386-1216 ZIP CODE 32082 Karl J. Sanders, Esq. is hereby authorized to act on behalf of Fluent Servicing, LLC Agenda Item #3.D. 21 Mar 2022 the prospective Buyer/Tenant of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: ❑ BUILDING PERMIT ❑ USE -BY -EXCEPTION ❑ COMPREHENSIVE PLAN AMENDMENT ❑ TREE PERMIT ® ZONING VARIANCE ❑ PLAT, REPEAT OR LOT DIVISION ❑ SIGN PERMIT ❑ ZONING MAP AMENDMENT ❑ OTHER I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Buyer/Tenant or Authorized Agent SIGNATURE OF BUYER SIGNATURE OF TENANT PRINT OR TYPE NAME DATE T• .� of a.44 k wt. R h I 1 • Let ' Z. PRINT OR TYPE NAME DATE Signed and sworn before me on this Z Y thday of No w o.w i •✓ , 2-O 2 1 by State of f I • ►-: et 1 'T. ,( 4 17..1. i.w. w'1 County of r- i •t,a -cwd s P4VfI414N 16. In iftd h Identification verified: Oath Sworn: ❑ Yes ❑ No Notary Public State of Florida Cesar J Roqueta My Commission GG 258137 ,BAR Expkas 09/12/2022 Notary Signature My Commission expires Z• 2 2 Z' Page 74 of 120 3 LEGAL DESCRIPTION A part of the Castro -Y -Ferner Grant, Section 38, Township 2 South, Range 29 East, in the City of Atlantic Beach, Duval County, Florida, and being more particularly described as follows: Conunencing at the intersection of the North right-of-way line of Atlantic Boulevard (State Road No. A IA, a 100 foot right-of-way) with the East line of said Section 38; thence run South 89°13'58" West along said Northerly right-of-way line of Atlantic Blvd, 639.9 feet for the point of beginning; thence continue along said Northerly right-of-way line a distance of 175 feet to its intersection with the Easterly right-of-way line of Royal Palms Drive Extension (a 60 foot right-of-way as now established); thence run North 00°41'22" West along said Easterly right-of-way line a distance of 125 feet; thence run North 89°13'58" East a distance of 175 feet; thence nm South 00°41'22" East a distance of 125 feet to the point of beginning. LESS AND EXCEPT that portion as conveyed in O.R. Book 18928, PaRe 1841 and as more particularly described as follows: Part of the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval county, Florida and being more particularly described as follows: , Commence at the' Northerly right-of-way line of Atlantic Boulevard as now established with the Easterly right-of-way line of Royal Palm Drive as now established; 'Thence North 00°41'22" West 125.00 feet along said easterly right-of-way line; thence North 89°13'58" East 117.00 feet to the Point of Beginning; thence continue North 89°13' 58" East a distance of 58 feet; thence South 00°41' 22" East, a distance of 4.50 feet thence South 89°13'58" West, a distance of 58.00 feet; thence North 00°41'22" West a distance of4.50 feet to the Point of Beginning. Variance Application Agenda Item #3.D. 21 Mar 2022 Page 75 of 120 uogeopddy eoueuen OZT JO 9L aged nshot Details Real Estate.: 7653 00, - Owner: 412 BOARDWALK Address 763 ATLANTIC BLVD 9p Code: 32233 Transaction Prlee: 31219000 Transaction Year: 2019 Acres: 0.49 Book -Page: 1899001982 Map Panel 9420 x Legal Descriptions: 38-25-29E .49 B DE CASTRO Y FERRER GRANT PT RECO 0/8 18990.1982 Flood Zone: AshSlte: EDA Levet NOT DISTRESSED mitt _ate .4.11,0111. 11.••••,..•• 6NLFISH A i; N O Variance Application to • IyAOU .\1t►M /tr.Bt4h Agenda Item #3.D. 21 Mar 2022 Page 77 of 120 rAtell."1111111L6"61111116111 m0tio1. -e.;,. T, . tom; ,:. t a ,ter LI Y i t 1 •t — J t Variance Application Agenda Item #3.D. 21 Mar 2022 Page 78 of 120 Variance Application Agenda Item #3.D. 21 Mar 2022 Page 79 of 120 uoneoHddvaouepeA OT JO 08 aed REQUEST FOR APPEAL City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 Agenda Item #3.E. 21 Mar 2022 FOR INTERNAL OFFICE USE ONLY FILE # APP22-0002 ❑ S300.00 Application Fee SITE INFORMATION ADDRESS 763 Atlantic Blvd, SUBDIVISION BLOCK LOT REti 177653-0005 0 RESIDENTIAL gCOMMERCIAL [❑ OTHER APPLICANT INFORMATION NAME Karl J. Sanders, Esq. EMAIL kjsanders aekjslawpa.com ADDRESS 1102 A1A N, Suite 203 CITY Ponte Vedra Beach STATE FL ZIP CODE 32082 PROPERTY LOCATION 763 Atlantic Blvd. PHONE ft (904) 868-7929 CELL ft (561) 386-1216 REF 177653-0005 LOT/PARCEL SIZE .49 acres ZONING CODE Commercial General WHAT ISSUE ARE YOU APPEALING? CDB Order Denying Variance Application ZVAR21-0020 (copy attached) PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING: The Order of the Community Development Board denying ZVAR21-0020 Is in conflict with or in violation of the plain and unambiguous language set forth in the City's Land Development Regulations (Chapter 24, City of Atlantic Beach Ordinance Code) regarding the allowable locations and minimum separation requirements for pharmacies and medical marijuana treatment center dispensing facilities, including the exceptional practical difficulties and undue hardship resulting from a strict application and/or erroneous Interpretation of Section 24-169(a) of the City's land development regulations, which provides that such facilities "shall not be located within 500 feet of the real property comprising each of the following: (1) another pharmacy or medical marijuana Treatment center dispensing facility .. ; (2) Public or private elementary, middle. or secondary schools ... ; and (3) Religious institutions. I HEHEWYERTIfY HRT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent �'�� f- Karl J. Sanders 01/21/2021 SItNAI�JREOF APPLICANT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT (2) Signed and sworn before me on this identification verified: Oath Sworn, ❑ Yes p No 23 REQUEST FOR APPEAt 02.oa.2o19 PRINTORTYPE NAME DATE day of by State of County of Notary Signature My Commission expires Page 81 of 120 APPLICANT: City of Atlantic Bench Community Development Dept, 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 hitrNwww.cottb.us Order of the Community Development Board Karl J. Sanders 763 Atlantic Boulevard (RE tt177653-0005) Atlantic Beach, FL 32233 FILE NUMBER: ZVAR21-0020 DATE. OF PUBLIC HEARING: December 21, 2021 ORDER DENYING VARIANCE The above referenced applicant requested a variance as permitted by Section 24-65, from Section 24-169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution. On December 21, 2021 a public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board. Having considered the application, supporting and documents comments from the members of the public, the Community Development Board DENIED the variance, finding that the request is inconsistent with the provisions of Section 24-65(c) of the Land Development Regulations establishing grounds for approval of a variance. Per Section 24-65(g), no further action on another application for substantially the same request (same location) on the same property shall be accepted for three hundred sixty-five (365) days from the date of the denial. Appeals of a decision of the Community Development Board may be made to the City Commission by any adversely affected person(s). Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of this Order, The appellant shall present to the City Clerk a petition duly verified, setting forth that the decision being appealed is in conflict with or in violation of Chapter 24, Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach, in whole or in part, and specifying the grounds of the conflict or violation, The petition shall be presented to the City Commission within thirty (30) days after the filing of the appeal with the City Clerk. The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as appears in the record of the Community Development Board minutes. DATED THIS 22nd DAY OF DECEMBER 2021. manda L. Askew Planning and Community Development Director Agenda Item #3.E. 21 Mar 2022 Page 82 of 120 Present: Absent: Also Present: Agenda Item #3.E. 21 Mar 2022 MINUTES Community Development Board (CDB) Meeting Tuesday, December 21, 2021 - 6:00 PM Commission Chamber Linda Lanier, Mcmbcr Kirk Hansen, CDB Chair Jeff Haynie, Member Ellen Golombek Jennifer Lagner, Member James Moyer, Member Sylvia Simmons, Member Richard Schooling, Member Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abriclle 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 October 19, 2021 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1029 Atlantic Boulevard ZVAR21-0018 (Baptist Health) Request for a variance from Section 17-29 (c) to exceed the maximum number of freestanding signs on a single development parcel. STAFF REPORT: Director Askew presented the information as explained in the staff report, She also provided a PowerPoint presentation. Ms. Lanier asked what the footage was on the frontage for Atlantic Boulevard. Director Askew said it was over 500 feet but the code caps out at a maximum of 2 signs no matter what the frontage is. Mr. Haynie asked if there was a problem with the total square footage of the monument sign, Director Askew said that the size of the monument sign and the building sign meets code. Ms, Golombek asked if these were separate properties would they each get their own sign. Director Askew said that was correct. Community Development Board (CDB) December 21, 2021 Page 1 of 6 Page 83 of 120 Agenda Item #3.E. 21 Mar 2022 APPLICANT COMMENT: Zack Miller of 3203 Old Barn Court in Ponte Vedra introduced himself as representing Baptist Health. He explained that there isn't any other shopping centers in Atlantic Beach that has this much street frontage. Mr. Miller explained that the limit of 2 free standing signs had been met by the existing shopping center and Panera since they are on the same parcel. He said that they applicant is asking for 1 monument sign that will meet all the monument size requirements. Ms. Lanier asked if the applicant would be on the sign that is out in front of the property that lists all of the shopping center businesses. Mr. Miller said they would not. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could approve this variance under 24- 65(c) #2 and #3 of the grounds for decision. Ms. Lanier agreed with Mr. Haynie. Ms. Golombek said she could approve it under #3. MOTION: To APPROVE ZVAR21-0018 under #3 and #4 of grounds for approval. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Jeff Haynie (Seconded By) For Ellen Golombek For Motion passed 4 to 0. B. 1515 Beach Avenue ZVAR21-0019 (William and Sara Carriere) Request for a variance to reduce the minimum rear yard setback to attach an existing detached garage to the principal structure at 1515 Beach Avenue. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golembek asked if the variance was granted, making the 2 structures into 1 then if someone decided to tear it down in 20 years and build another home then would the variance still apply. APPLICANT COMMENT: John November of 2029 3rd Street North in Jacksonville Beach introduced himself as representing the applicant. He explained that the applicant would like to build an elevator in their home to provide adequate access to the main house and the carriage house. Mr. Haynie asked if the primary reason for the addition was for the elevator. Mr. November said it would have a bedroom and some other space but the main purpose was for the elevator. Community Development Board (CDB) December 21, 2021 Page 2 of 6 Page 84 of 120 Agenda Item #3.E. 21 Mar 2022 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Ms. Durden held the swearing in. Karen Perrin front Atlantic Beach introduced herself as an adjacent neighbor and said her main concern was run-off from the parcel. She said that the nm - off from this parcel and the parcel next currently creates water pooling up in front al' the properties. Ms. Perrin was also concerned about obstructing the view. There being no further public comments Chair Hansen closed the floor. BOARD DISCUSSION: Ms. Lanier asked if the elevator would encroach the set -back on the south side, Director Askew said it would not. Ms. Lanier saki she likes elevators because they do allow aging -in-place strategy. She didn't feel like there would be any impact on walkers, runners or bikers in the area. Ms. Lanier disclosed that she had a conversation with Mr. November. She said the nature of the conversation was what kind of information the Board needed to have (personal regarding the homeowner or building and code related). Mr. Haynie said he wasn't able to find a ground for decision to approve the variance. Ms. Lanier asked if it could be24-65(c) #1 since the ocean and beach does limit what can happen on the cast side of the property. Chair Hansen said that every property on that street would have the same issue so this property would not be any different. Ms. Golombck was concerned that if this variance is granted then the property become a single home properly. She agreed that the drainage issue is a valid concern. Chair Hansen said that if this variance was requested when the house was originally built it would not have been granted. He said he cannot support this variance. Ms. Lanier asked what the impervious surface is currently and what would it be if the variance was granted. Director Askew said she thought it was around 42% and would be around 44.7% if granted. She added that if they add more than 250 square feet then they would have to add additional drainage. Ms. Lanier asked Staff if anything had happened since the construction of the building that would have changed the allowable use. Director Askew said there was no change. Ms. Lanier said she would like to approve the variance but felt constrained by the 6 criteria. MOTION: To DENY ZVAR21-0019 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Filen Golombek Linda Lanier For Kirk Hansen For Jeff Haynie (Moved By) For Ellen Golonthek (Seconded By) For Motion passed 4 to 0. C. 763 Atlantic Boulevard ZVAR21-0020 (Karl Sanders) Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution. Community Development Bond (CDB) December 21, 2021 Page 3 of 6 Page 85 of 120 Agenda Item #3.E. 21 Mar 2022 STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Karl Sanders introduced himself as representing the applicant and potential tenant. He explained his Exhibits A-E that had been added to the agenda packet. Mr. Sanders also provided dozens of additional letter's of which provided details about the project and property support from the community and the church. He explained the State laws and regulations regarding medical marijuana dispensing facilities. Mr. Sanders spoke about the level of security that the facility would have and explained the parent company is highly regulated and very successful. Ms. Lanier asked Mr. Sanders if he had said that if the property was re -platted and became one parcel then this wouldn't be an issue. He said yes and explained that if they were one parcel the separation requirements would go away unless they are specifically limited to that. Mr. Sanders read the definition of a single development parcel from the code. Mr. Haynie asked if he thought anything had changed since the denial of a similar variance in June 2020. Mr. Sanders said that was a different tenant and the property owner has been making substantial improvements to the building and the road access. Ms. Golombek asked if this would be a grow facility and dispensary. Mr. Sanders said it would only be a dispensary for authorized prescription orders. Ms. Golombek asked if the company have another facility in Atlantic Beach. Mr. Sanders said they didn't but they have a facility off of San Jose and one in the Regency area. PUBLIC COMMENT: Ms. Durden held a swearing in. Charles Dewitt of 425 Atlantic Boulevard introduced himself as a resident and business owner in Atlantic Beach. He spoke in favor of the variance request. Elias Hionides of 763 Atlantic Boulevard said he represents the property owner. He said that they are on-site managers and monitor the property closely. Mr. Hionides cited reason for approval as #3 since the Church is a tenant and not an owner. Chris Hionides of 47 11th Street introduced himself as the owner of the property and a resident of Atlantic Beach for 38 years. He said the property has been vacant for 7 years and spoke of the difficulty of obtaining ownership of the property. Mr. Hionides said they have the full support of the church and only want the best for Atlantic Beach. Ms. Durden encouraged the Board to base their decision solely on the case before them. She said the separation issue is based on the use of the property and not the ownership. Ms. Durden said that different parcels or owners would not have affected this variance request. BOARD DISCUSSION: Mr. Haynie disclosed that he is a long-time active member of Beaches Vineyard Church and didn't think it would affect his decision. He asked for clarity of Section 24-169(a) and a previous comment by Mr. Sanders on the interpretation. Ms. Durden said that the section would need to be interpreted along with the State Statute. She asked Chair Hansen to give Mr. Sanders the opportunity to respond. Mr. Sanders said that Section 24-169(a) speaks about the facility and the real property, so it's not between uses in his interpretation. He read further and concluded that he disagreed with Ms. Durden's interpretation. Community Development Board (CDB) December 21, 2021 Page 4 of 6 Page 86 of 120 Agenda Item #3.E. 21 Mar 2022 Mr. Haynie said he can see there is a lot of public support for this variance but can't find any grounds according to their criteria in 24-65(c). Ms. Lanier remembered the Board setting the guideline for the 500 feet from a religious institution and she wasn't able to see any grounds to back away from that. Ms. Golombek she appreciates all of the support that has been shown for this variance but the boundaries and regulations that have been set need to be respected. MOTION: To DENY ZVAR21-0020 due to the lack of grounds for approval. Motion: Jeff Haynie Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Jeff Haynie (Moved By) For Ellen Golombek For Motion passed 4 to 0. D. 363 Atlantic Boulevard, Unit 8 UBEX21-0005 (Jordan Reemsnyder) Request for a use -by -exception to allow on -premises consumption of alcohol within the Central Business District zoning district at 363 Atlantic Boulevard, Unit 8. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked about the clothing store in the area that got a use -by -exception and asked what the restrictions were. Director Askew said she wasn't working for the City at that time and deferred to Ms. Durden. She said she remembers the request and it was for beer and wine. Ms. Durden told the Board they can add a time restriction of their choice. APPLICANT COMMENT: Michael Kulik of 730 Bonita Road introduced himself as the owner of Candle Garden, along with his wife. He said they opened up on Black Friday and are very excited about the retail business in the Town Center. Chair Hansen asked what the business hours were. Mr. Kulik said their hours are currently 10:00 a.m. to 6:00 p.m. for retail and candle classes are from 6:00 p.m. to 8:30 p.m. He said that some people stay as late as 9:30 p.m. Ms. Golombek asked if the request was for the day or the evening hours. Mr. Kulik said they would like to have the request apply to the whole day. Mr. Haynie asked what size the classes were. Mr. Kulik said they max out around 8 people unless it was a private party. Community Development Board (CDB) December 21, 2021 Page 5 of 6 Page 87 of 120 Agenda Item #3.E. 21 Mar 2022 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he could support the request with the condition of beer and wine no later than 10:00 p.m. Ms. Lanier agreed. Chair Hansen thought that 11:00 p.m. would be reasonable. MOTION: To APPROVE UBEX21-0005 restricting it to beer and wine with hours from noon to 11:00 p.m. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Jeff Haynie (Seconded Bp) For Ellen Golombek For Motion passed 4 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:20 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) December 21, 2021 Page 6 of 6 Page 88 of 120 To: City of Atlantic Beach Community Development Board Regarding: ZVARZ1-0020.763 ATLANTIC BLVD To whom it may concern I would like to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I have worked in Atlantic Beach for many years and believe a medical marijuana facility could greatly benefit the community. While there are facilities in Jacksonville Beach, it would be nice to see Atlantic Beach provide the relief that Is needed for many residents' seeking help through Medical Marijuana facilities. I believe voting in favor of ZVAR21-0020 will greatly benefit all residents of Atlantic Beach and those surrounding. Thank you, Charlie SchUlz Agenda Item #3.E. 21 Mar 2022 Page 89 of 120 March 14t°, 2022 To whom it may concern, I have worked in Atlantic Beach for over five years and I would like to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. Medical Marijuana dispensaries in Atlantic Beach will not only provide better access to the resident's medicine source, but can also provide the pity with increased tax revenues, job growth, and investment opportunities, Please vote in favor for ZVAR21-0020! Sincerely, Sharon Miller (904) 241-1501 Agenda Item #3.E. 21 Mar 2022 Page 90 of 120 Dear AB Community Development Board, l have been working in Atlantic Beach for over two decades, and I would like to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. l am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief and if there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. (APP22-0002) Sincerely, Sylvia Jacobs Agenda Item #3.E. 21 Mar 2022 Page 91 of 120 Dear City Commission, I would like to show my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I have worked In Atlantic Beach for many years and believe that the facility will provide many benefits to the community. Dispensaries help the patients save on costs versus alternative treatments and medicines. Recent studies claim more than 40% of medical cannabis patients quit taking another prescription drug. The dispensaries Marijuana medicines can help you avoid using other prescription pills and medications which may have more severe side effects. Please approve the appeal the proposed medical marijuana facility at 763 Atlantic Blvd - APP22-0002. Thank you, 104 (t - Kelly Coleman 904 241 1501 Agenda Item #3.E. 21 Mar 2022 Page 92 of 120 City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 ATTN: City Commission RE. APP22-0002 — Appeal of the CDB decision for ZVAR21-0020 March 8th, 2022 To whom it may concern, I am a resident and employee in Atlantic Beach and I would like to give my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City of Atlantic Beach will allow this use to provide better access to medical marijuana treatments for its residents. I have many family members who have noted many times how difficult it is to get to a dispensary especially in time of need. This will also benefit those over the Intracoastal and in Neptune Beach as there is only one dispensary close. Please vote in favor of APP22-0002 — Appeal of the CDB decision for ZVAR21-0020 and improve the quality of life for all residents of Atlantic Beach and those in the surrounding areas! Thank you for your time, Stefani Serna, (904) 962-2545 902 Defender Court West, Jacksonville, FL 32233 Agenda Item #3.E. 21 Mar 2022 Page 93 of 120 March 8, 2022 Support for the Appeal for the decision of ZVAR21-0020. 763 ATLANTIC BL VI] Dear Atlantic Beach Community Development Board, I would like to show my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I have worked in Atlantic Beach for over twenty years and believe that the facility will provide many benefits to the community. Dispensaries help the patients save on costs versus alternative treatments and medicines. Please approve the appeal for the decision for ZVAR21-002. Thank you for your time, Mary Anne Dupont Agenda Item #3.E. 21 Mar 2022 Page 94 of 120 Dear Atlantic Beach Community Development Board, I have worked in Atlantic Beach for 10+ years and 1 support the idea of a medical marijuana dispensary opening in Atlantic Beach — at 763 Atlantic Boulevard. I have had my medical marijuana license for 2+ years. Since the only dispensary close to Atlantic Beach is Surterrra Wellness on Atlantic Blvd, it is constantly overpacked with a wait time of 30 minutes to 1 limn.. I reside just over the Intracoastal Bridge and this is the only dispensary within miles. The medical marijuana dispensaries (and industry) have been growing exponentially since medical marijuana was passed back in 2014-15. Atlantic Beach can gain a lot from providing easier access to medical marijuana to its residents and those surrounding the city. Please approve the Appeal of the Community Development Board decision for ZVAR21-0020. Sincerely, I � t"~ Bethany 5atcan 904.514.2838 429 Cockatiel Drive Jacksonville, FL 32225 Agenda Item #3.E. 21 Mar 2022 Page 95 of 120 Agenda Item #3.E. 21 Mar 2022 March 7th, 2022 Hello, I am a local business owner and have lived at the Beaches for all of my life. I currently reside just outside of Atlantic Beach, but I often perform services in the community. I would like to show my support for the medical marijuana dispensary possibly going into 763 Atlantic Blvd. I got my license a few years ago and would love to see facilities closer to my home. I think Atlantic Beach could benefit greatly from the medical marijuana dispensaries, both in the community and economically. Jacksonville Beach has become dominant in dispensaries and marijuana facilities, and while that is not a terrible drive away, it is taking residents and employees away from Atlantic Beach. I hope the City Commission will approve the appeal for the decision for ZVAR21-0020. Thank you, •4L Tim Dorr J 904 615 0131 902 Defender Court West Atlantic Beach, FL 32233 Page 96 of 120 Agenda Item #3.E. 21 Mar 2022 Dear Atlantic Beach Ccnmunity Development Board, I am a resident of At antic Beach at 2610 STATE ROAD Al A and I am writing in support of the proposed medical maiijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow there to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices -about their medical treatment. At the end of the day, it affords a wider range of treatment for very seri )us medical conditions. This location is easily a xessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, f0464., C�a.Smirp..s Page 97 of 120 Dear Atlantic Beach G Immunity Development Board, 114qa, I am a resident of Alantic Beach at , and I am writing in support of the proposed medical ma-ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana faclities are helping Floridians with their medical conditions and allowing citizens to make personal choice: about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily a:cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 98 of 120 Dear Atlantic Beach Community Development Board, Agenda Item #3.E. 21 Mar 2022 0441 5&e4 /,,' r \�,cn,� I .e FG 1 am a resident of Atlantic Beach at /2 ? 5 _ Q tS IN' , and I am writing in support of the 3 ZZ� proposed medical ma'ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their medical conditions and allowing citizens to make personal choice! about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, �ur lek'�I Page 99 of 120 Dear Atlantic Beach Community Development Board, I am a resident of A lantic Beach at 12-7S 6ciidg , [fP./Y, and I am writing in support of the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow the n to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac ilities are helping Floridians with their medical conditions and allowing citizens to make personal choice , about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor o the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Rr44Ut1A M i 64 rarq Agenda Item #3.E. 21 Mar 2022 Page 100 of 120 Dear Atlantic Beach Community Development Board, 704 Redfin Drive, Atlantic Beach, FL 32233 I am a resident of At antic Beach at . and I am writing in support of the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow thea to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very serious medical conditions. This location is easily a:cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 101 of 120 dolloop signature verification: Dear Atlantic Beach Cc nmunity Development Board, 955 Main Street Atlantic Beach I am a resident of Atlantic Beach at , and I am writing in support of the proposed medical ma ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then n to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choicer about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily ccessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, IE:4e/0o/16 dolloop verified 12/20/21 11:15 AM CSI CNDV-ZJJE.t6tJ-SWQV Agenda Item #3.E. 21 Mar 2022 Page 102 of 120 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at .3C7 L4� 10 and I am writing in support of the proposed medical mari uana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow them to operate at this location. I believe this is the right step forward for our town. Medical Marijuana facil ies are helping Floridians with their medical conditions and allowing citizens P g to make personal choices bout their medical treatment. At the end of the day, it affords a wider range of treatment for very serio.as medical conditions. This location is easily ac:essible and continues to improve with the presence of viable businesses. Please vote in favor of tie applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. /) Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 103 of 120 Dear Atlantic Beach Community Development Board, I am a resident of A'4antic Beach at 13138 t) l O CQA" 't . and I am writing in support of the proposed medical ma ljuana facility at 763 Atlantic Blvd, I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their medical conditions and allowing citizens to make personal choice! about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincere) , Agenda Item #3.E. 21 Mar 2022 Page 104 of 120 Dear Atlantic Beach Co nmunity Development Board, 130 W M-+ + . u0., t3cjar I am a resident of At antic Beach at , and I am writing in support of the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow theryi to operate at this location, I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very seri )us medical conditions. This location is easily a :cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 105 of 120 Dear Atlantic Beach Cc mmunity Development Board, 1 am a resident of Aiantic Beach at Y a5 Ci. -0044A I and I am writing in support of the proposed medical ma•ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow thein to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fa:jlities are helping Floridians with their medical conditions and allowing citizens to make personal choice) about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily o cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, ,0\(No) 'pc Agenda Item #3.E. 21 Mar 2022 Page 106 of 120 Dear Atlantic Beach Community Development Board, I am a resident of Aiantic Beach at IS (2\ SPCt 041-"S l) and 1 am writing in support of the proposed medical ma-ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow them to operate at this location. I believe this is the right step forward for our town, Medical Marijuana facilities are helping Floridians with their medical conditions and allowing citizens to make personal choice: about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor 01 the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 107 of 120 Agenda Item #3.E. 21 Mar 2022 Dear Atlantic Beach Community Development Board, I am a resident of At antic Beach at 1 OV 0 1. I Y W)e nd I dm writing in support of the proposed medical maaijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very seri Dus medical conditions. This location is easily a :cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Page 108 of 120 Dear Atlantic Beach Cunmunity Development Board, I am a resident of Atlantic Beach at V.SiCu NiSill, /�r. , and I am writing in support of the proposed medical ma ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choice! about their medical treatment. At the end of the day, it affords a wider range of treatment for very seriDus medical conditions. This location is easily a :cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, .y(/t Agenda Item #3.E. 21 Mar 2022 Page 109 of 120 Dear Atlantic Beach Community Development Board, I am a resident of At antic Beach at VO i(�S\St 1 . and I am writing in support of the proposed medical mai ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very seri Dus medical conditions. This location is easily a:cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, 0?(A)k Agenda Item #3.E. 21 Mar 2022 Page 110 of 120 Dear Atlantic Beach Ccunmunity Development Board, Agenda Item #3.E. 21 Mar 2022 I am a resident of At antic Beach at97 P / `Mit 0. and I am writing in support of the proposed medical maKijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very seri Sus medical conditions. This location is easily a:cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Page 111 of 120 Dear Atlantic Beach Cc nmunity Development Board, I am a resident of Ab;antic Beach at ,5 9 Rt tft fi t. L) Q , and I am writing in support of the proposed medical ma ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then i to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac lities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very seriDus medical conditions. This location is easily a:cessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Ofe.n /174 /hOn/ Agenda Item #3.E. 21 Mar 2022 Page 112 of 120 Agenda Item #3.E. 21 Mar 2022 Dear Atlantic Beach Col nrnunity Development Board, I am a resident of AtI3ntic Beach at , and 1 am writing in support of the proposed medical marjuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana faci ities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very serimus medical conditions. This location is easily at cessible and continues to improve with the presence of viable businesses. Please vote in favor of he applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, EA C 2_12 -b() Page 113 of 120 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at IR2'! 4'I"ivSand I am writing in support of the proposed medical maruana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then Ito operate at this location. I believe this is the right step forward for our town. Medical Marijuana faci ities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very seri )us medical conditions. This location is easily a:cessibie and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, WIn '.e°,A CA,l l� Agenda Item #3.E. 21 Mar 2022 Page 114 of 120 Dear Atlantic Beach Community Development Board, 1 am a resident of Atl intic Beach at 2610 STATE ROAD A1A and I am writing in support of the proposed medical mar Juana facility at 763 Atlantic Blvd. 1 am hopeful the City will approve Fluent's request and allow them to operate at this location. I believe this is the right step forward for our town. Medical Marijuana faci ities are helping Floridians with their medical conditions and allowing citizens to make personal choices about their medical treatment. At the end of the day, it affords a wider range of treatment for very serk pus medical conditions. This location is easily acessible and continues to improve with the presence of viable businesses. Please vote in favor of he applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 115 of 120 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at Cavat IG eel , and I am writing in support of the proposed medical malijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow thein to operate at this location. I believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their medical conditions and allowing citizens to make personal choice! about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor o the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 116 of 120 Dear Atlantic Beach C-mmunity Development Board, I am a resident of A !antic Beach at lg U G I t 1 S , and I am writing in support of the proposed medical mai-ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow the n to operate at this location. I believe this is the right step forward for our town. Medical Marijuana failities are helping Floridians with their medical conditions and allowing citizens to make personal choice ; about their medical treatment. At the end of the day, it affords a wider range of treatment for very serious medical conditions. This location is easily .ccessible and continues to improve with the presence of viable businesses. Please vote in favor o the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Agenda Item #3.E. 21 Mar 2022 Page 117 of 120 Agenda Item #3.E. 21 Mar 2022 Dear Atlantic Beach C.mmunity Development Board, I am a resident of A !antic Beach at & 3' 0 0 \ etnd I am writing in support of the proposed medical mzoijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow the n to operate at this location. I believe this is the right step forward for our town. Medical Marijuana failities are helping Floridians with their medical conditions and allowing citizens to make personal choice; about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ious medical conditions. This location is easily : ccessible and continues to improve with the presence of viable businesses. Please vote in favor o the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, 0(// o Page 118 of 120 Dear Atlantic Beach Cc nmunity Development Board, ,,�� ��ii CJS' Ak I am a resident of Atlantic Beach at2AT 1 �J1 M VV , and I am writing in support of the proposed medical ma -ijuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow then to operate at this location. I believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their medical conditions and allowing citizens to make personal choice: about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor o1 the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Agenda Item #3.E. 21 Mar 2022 Page 119 of 120 Dear Atlantic Beach Ccinmunity Development Board, I am a resident of Atlantic Beach at -6 1 c4--- . and I am writing in support of the proposed medical ma ljuana facility at 763 Atlantic Blvd. I am hopeful the City will approve Fluent's request and allow they n to operate at this location. I believe this is the right step forward for our town. Medical Marijuana fac1ities are helping Floridians with their medical conditions and allowing citizens to make personal choice! about their medical treatment. At the end of the day, it affords a wider range of treatment for very ser ous medical conditions. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Agenda Item #3.E. 21 Mar 2022 Page 120 of 120