04-18-22 Special Called Meeting of the City CommissionCity of Atlantic Beach
Agenda
Special Called Meeting of the City Commission
Monday, April 18, 2022 - 5:15 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. PUBLIC HEARING - APPEAL (APP22-0003) OF THE COMMUNITY DEVELOPMENTS BOARD'S DENIAL OF
VARIANCE APPLICATION (ZVAR22-0003) FOR 705 ATLANTIC BLVD.
2.A. City Attorney Procedural Reminders 3 - 6
Appeal Hearing Procedures
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 APP22-0003
CDB Staff Report Case No. ZVAR22-0003
Variance Application ZVAR22-0003
02-15-22 CDB Adopted Minutes
7-44
2.E. Applicant's Documentation and Presentation/Testimony 45 - 63
Request for Appeal APP22-0003
2.F. Public Comments
2.G. Closing Comments/Rebuttal
2.H. Commission Deliberation and Action
3. 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.
Page 1 of 63
Special Called Meeting of the City Commission - 18 Apr 2022
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 63
Agenda Item #2.A.
18 Apr 2022
CITY OF ATLANTIC BEACH
PROCEDURES FOR APP 22-0003
APPEAL FROM DENIAL OF VARIANCE ZVAR 22-0003
BY COMMUNITY DEVELOPMENT BOARD
705 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 22-0003
• 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 63
Agenda Item #2.A.
18 Apr 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 4 of 63
Agenda Item #2.A.
18 Apr 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 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 5 of 63
Agenda Item #2.A.
18 Apr 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 63
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: APP22-0003
SUBMITTED BY: Amanda Askew, Director of Planning and Community Development
TODAY'S DATE: April 11, 2022
MEETING DATE: April 18, 2022
BACKGROUND: The applicant,
Zack Miller, Esq., is appealing the final
decision of the Community Development
Board (CDB) for variance request ZVAR22-
0003 made on February 15, 2022. The
property, 705 Atlantic Boulevard, is located on
the northwest corner of Atlantic Boulevard and
Seminole Road and is located in the
Commercial General (CG) zoning district. The
CDB denied the request for a variance from
Section 17-29(c)( I )(a) to exceed the maximum
height ofa freestanding sign and from Section
17-29(c)(2) to reduce the minimum setback.
The CDB denied the request finding that the
required factors to support an application for a
variance were not met due to "no grounds for
approval."
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 must indicate that the decisions 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
(17-52) 24-65(c) variances,
According to the applicant's application the
grounds for appeal is the following:
• "There was competent substantial
evidence that the Application meets the
applicable criteria."
Agenda Item #2.D.
18 Apr 2022
Existing
nonconforming
pole sign
Page 7 of 63
Agenda Item #2.D.
18 Apr 2022
Additional information 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 physical features of the property limit the
possible locations of a freestanding sign.
VARIANCE REQUEST; The need for the variance is due to the request to replace the sign face area on an
existing nonconforming freestanding pole sign. The existing pole sign exceeds our allowable maximum height of
eight (8) fee. The face area is approximately 25.5 square feet. The request would replace like for like and there
would be no
increase in the total
Existing
nonconforming
sign area.
Both ibe building
and the existing
pole sign were
originally
constructed in the
1960's and are both
non -conforming.
The building has
been added onto
over the years but is
nonconforming due
to setbacks, lot
coverage and
stormwater
requirements. The
property has asphalt
parking in the front and rear. There is very little on the site that is not covered with building or asphalt. The existing
nonconforming freestanding sign is located at the northern end of the property and is non -conforming due to its
height and setbacks. This pole sign currently reads "Sunnyland Coin Laundry".
The sign code at the time of development classified
this as a "pole sign". The ordinance at the lime read
"Such signs shall have not more than one hundred
eighty (180) square feet of horizontally projected area
as calculated from any angle and shall be limited to
one (1) square foot of area for each lineal foot of
frontage of the lot on which such signs are placed. The
height or and self-supporting sign shall not exceed
thirty-five (35) feet". However, in early 2000's the
sign code no longer permitted signs above eight (8)
feet in height. Therefore, this sign is considered
nonconforming due to its height and design.
Currently, freestanding signs are permitted to be a
maximum height of 8 feet and must be setback 5 feet
from any property Zine.
On September 9th, 2020, the property was cited by
Code enforcement for violation of Section 17-41(c)
"Abandoned signs. Signs shall be removed by the
owner or occupant within thirty (30) says of cessation
of the business activity
onducted on the property where the sign is located. A
business or activity shall be considered to have ceased
Proposed sign
replacement
Existing
Pole.
Page 8 of 63
Agenda Item #2.D.
18 Apr 2022
when the premises are vacated, or in the absence of a valid occupational license or active utility service account.
Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at
the property owner's expense". The last business tax receipt issued for "Sunnyland Coin Laundry" was on October
3, 2016 and expired September 30, 2017. As a result, the sign was considered abandoned 30 days after the business
tax receipt expired. In addition, Section 17-51 (nonconforming signs) requires the sign to come into compliance
if there is any change to the structural supports, any change to the material used for the display area/face area by
more than twenty-five (25) percent and replacement of an abandoned or discontinued sign.
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 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 difficulties or undue hardship" upon a property owner. Examples 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).
BUDGET: none
RECOMMENDATION: Review and vote on APP22-0003 (an approval would approve ZVAR22-
0003 and a denial would not approve ZVAR22-0003)
REQUIRED ACTION
The Commission may consider a motion to approve APP22-0003/ ZVAR22-0003, request for a
variance from Section 17-29 to exceed the maximum freestanding sign height and reduce the
minimum 5 -foot setback 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 afier platting or afier development of the property or afier
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 APP22-0003/ZVAR22-0003, request for a variance
from Section 17-29 to exceed the maximum freestanding sign height and reduce the minimum 5 -foot
setback 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
Page 9 of 63
CDB Meeting Minutes
REVIEWED BY CITY MANAGER:
Agenda Item #2.D.
18 Apr 2022
Page 10 of 63
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
AGENDA ITEM 4.0
STAFF REPORT
Agenda Item #2.D.
18 Apr 2022
CASE NO. ZVAR22-0003
Request for a variance from Section 17-29 to exceed the maximums freestanding
sign height and reduce the minimum 5 -/bot setback.
LOCATION 705 Atlantic Boulevard
APPLICANT Seminole South, LLC
DATE January 24, 2022
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, Zack Miller, Esq., is representing the owner of 705 Seminole Rd. (RE #170655 0000), This
property is located on the northwest corner of Atlantic Boulevard and Seminole Road in the Commercial
General (CG) zoning district. The building is currently used as a shopping center and has a combination
of retail, service and office uses.
The applicant is seeking
to replace the sign face
area on an existing
freestanding pole sign.
This requires a variance
from Section 17-29
(c)(1)(a) to exceed the
maximum height of a
freestanding sign and
from Section 17-29
(c)(2) to reduce the
minimum setback.
At the December CDB
hearing the applicant
applied for a variance for
the same site to exceed
the allowable
freestanding sign size
and to place it on the roof
or to allow a pole sign (exceeding the max. freestanding sign size) and a reduction in the required setback.
At the hearing, the applicant request and was granted a withdrawal of the application request therefore,
the one-year re -submittal requirement (Section 24-65 (g) was not triggered.
Page 11 of 63
Agenda Item #2.D.
18 Apr 2022
AILF,I5N
ORIF
pll
71s AT MMric
..ova
1 "
•
106 SEMIN_OLE
R6 -
4:Po
+
` ■► r O SEMINQLE
R0'
Existing
nonconforming pole
sign
705
70,
a
ATUN T tC
80V0
Fr
Atlantic Blvd.
Both the building and the existing pole sign were originally constructed in the 1960's and are both non-
conforming. The building has been added onto over the years but is nonconforming due to setbacks, lot
coverage and stormwater requirements. The property has asphalt parking in the front and rear. There is
very little on the site that is not covered with building or asphalt. The existing nonconforming freestanding
sign is located at the northern end of the
property and is non -conforming due to
its height and setbacks. This pole sign
currently reads "Sunnyland Coin
Laundry".
The sign code at the time of
development classified this as a "pole
sign". The ordinance at the time read
"Such signs shall have not more than
one hundred eighty (180) square feet of
horizontally projected area as
calculated from any angle and shall be
limited to one (1) square foot of area for
each lineal foot of frontage of the lot on
which such signs are placed. The height
or and self-supporting sign shall not
exceed thirty-five (35) feet". However, in early 2000's the sign code no longer permitted signs above eight
(8) feet in height. Therefore, this sign is considered nonconforming due to its height and design. Currently,
freestanding signs are permitted to be a maximum height of 8 feet and must be setback 5 feet from any
property line.
Page 2 of 5
Page 12 of 63
On September 911', 2020, the property was cited
by Code enforcement for violation of Section
17-41(c) "Abandoned signs. Signs shall be
removed by the owner or occupant within
thirty (30) says of cessation of the business
activity conducted on the property where the
sign is located. A business or activity shall be
considered to have ceased when the premises
are vacated, or in the absence of a valid
occupational license or active utility service
account. Signs not removed in accordance
with these provisions shall be considered as
abandoned and shall be removed at the
property owner's expense". The last business
tax receipt issued for "Sunnyland Coin
Laundry" was on October 3, 2016 and expired
September 30, 2017. As a result, the sign was
considered abandoned 30 days after the
business tax receipt expired. In addition,
Section 17-51 (nonconforming signs) requires
the sign to come into compliance if there is any
change to the structural supports, any change to the in
than twenty-five (25) percent and replacement of an a
Agenda Item #2.D.
18 Apr 2022
Existing
4'C
nonconforming
pole sign
Ox,
0
FIF.219'
CA inwirc 11.A KV RP
I
aterial used for the display area/face area by more
bandoned or discontinued sign.
The applicant is proposing to replace the sign face area of the existing freestanding pole sign. The face
area is approximately 25,5 square feet. There would be no increase in the total sign area.
Proposed sign
replacement
Existing Pole
I'LIgL• 3 oI 5
l
Page 13 of 63
Agenda Item #2.D.
18 Apr 2022
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, "Topographic" is not defined by the ordinance code, however, it is generally
defined as "relating to the physical features of the area." The property in questions was developed a
commercial strip center in the 1960s. As such the entire parking lot and "interior" drive aisles
connect directly to Seminole Road without any buffering or landscaping. The sign at -issue was also
erected sometime in the 1960s. The physical features of the property and neighboring right of way
are such that there is no place to put the sign on the property that is more than five feet from existing
property lines without interfering with the current parking configuration or drive aisle and the
visibility of incoming and outgoing traffic. Per the attached survey of the property there is only a
few feet between the walkway on the property near the building and the property line bordering the
right-of-way. Since the last application of variance was heard by the community development board,
the applicant has looked at mock-ups of signs which meet the height regulations under the sign code.
Attached is an example of such a sign which meets the size criteria under the sign code. Such a sign
would be within five feet of the property line (which would still require a variance) and would be a
hazard to internal and external traffic and/or would be blocked be any parked cars".
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant stated, "The location of the property, the pre-existing way it was developed, and the
needed placement of the sign are surrounding conditions and circumstances impacting this property
disparately from nearby properties.".
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant stated, "The property was developed so that the parking area and drive aisle were
designed to connect directly into Seminole Road and Atlantic Boulevard on a corner lot. Because of
this, the placement of a sign that is not elevated on any location within the property would be a
hazard to vehicular, pedestrian and bicycle traffic thereby preventing the reasonable signage use of
the property".
(4) Onerous effect of regulations enacted after platting or after development of the properly or after
construction of improvements upon the property.
The applicant stated, "The current sign regulations as to setback and height were put into place after
the property and the existing sign were developed".
(5) Irregular shape of the property warranting special consideration.
The applicant stated, "The property is a corner lot which immediately abuts Atlantic Boulevard and
Seminole Road with no setback between the parking/drive aisle area and the right-of-way".
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
Page 4 of 5
Page 14 of 63
Agenda Item #2.D.
18 Apr 2022
The applicant stated, "The lot is substandard so that full compliance with the sign code would require
placing a sign in accessways or parking".
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0002, request for a
variance to Section 17-29 upon finding this request is consistent with the definition of a variance, and in
accordance with the provisions of Section 17-52, specifically the grounds for approval delineated in
Section 17-52(c) and as described below.
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.
(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 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 property.
Or,
The Community Development Board may consider a motion to deny ZVAR22-0002, request for a
variance to Section 17-29.
Page 5 of 5
Page 15 of 63
Page 16 of 63
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME Seminole South, LLC
Agenda Item #2.D.
18 Apr 2022
FOR INTERNAL OFFICE USE ONLY
FILE # ZVAR22-0003
EMAIL jean@skyenterprises.com
ADDRESS 2300 Marsh Pointe Road #301 CITY NB STATE FL ZIP CODE 32266
PROPERTY LOCATION Near Seminole Road and Atlantic Blvd PHONE # 904-853-6801 CELL #
RE# 170655-0000 BLOCK # Section 1 (Sattair Plat, PB 10, Page 8) LOT # 744, 745, 746, 747, 748, 749 and 750
LOT/PARCEL SIZE .63
ZONING CODE CB UTILITY PROVIDER COAB
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Saltair Business District
PROVISION FROM WHICH VARIANCE I5 REQUESTED 17-29, to update an existing free standing (pole) sign which is more than eight (Q
in height and closer than five (5) feet to the property line.
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
YES El 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, atement and site Plan 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 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 number of copies: four (4) copies, except where original plans. photoaraphs or documents that are not laraer than
11 x17 inches are submitted. Please provide eight (8) copies of anv such documents.
5. Application fee of $300.00.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
Zach Miller (Agent for Applicant, See Authorization) 12/13/21
SKGf4ATURE OF APPLICANT PRINT OR TYPE NAME DATE
SIGNATURE OF APPLICANT (2)
Signed and sworn before me on this
Identification verified:
Oath Sworn: ❑ Yes 0 No
79 VARIANCEAPPLtCATION 08,25,2020
PRINT OR TYPE NAME DATE
day of by State of
County of
Notary Signature
My Commission expires
Page 17 of 63
Agenda Item #2.D.
18 Apr 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.
X❑ 1. Exceptional topographic conditions of or near the property.
Please see attached.
X❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Please see attached.
X❑ 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Please see attached.
X❑ 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
Please see attached.
X❑ 5. Irregular shape of the property warranting special consideration.
Please see attached.
X❑ 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
Please see attached.
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 VARIANCE APPLICATION 08.25.2020
Page 18 of 63
ADDITIONAL COMMENTS:
Please see attached as to the variance requirements.
19 VARIANCE APPLICATION 08.25.2020
Agenda Item #2.D.
18 Apr 2022
Page 19 of 63
CRITERIA/JUSTIFICATION
Agenda Item #2.D.
18 Apr 2022
Page 20 of 63
Agenda Item #2.D.
18 Apr 2022
1
Section 17-52, Atlantic Beach Code of Ordinances
(a) 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 this chapter.
(c)
The variance is to update the existing freestanding (pole) that has existed on the property
since the 1960s. The existing sign is approximately 25.5 square feet in area which is
approximately'/ the size of a sign allowed on this property.
There are practical difficulties and a hardship as to signage on the property as there is
no location for the signage that complies with the current signage code that would not
also cause a safety hazard due to the location of the parking and drive aisle.
As the proposed sign allows use of the existing sign which has co -existed with all of the
surrounding properties there is no substantial detriment to the public.
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.
"Topographic" is not defined by the ordinance code, however, it is generally
defined as "relating to the physical features of the area."
The property in question was developed a commercial strip center in the 1960s.
As such the entire parking lot and "interior" drive aisles connect directly to
Seminole Road without any buffering or landscaping. The sign at -issue was also
erected sometime in the 1960s.
The physical features of the property and neighboring right of way are such that
there is no place to put the sign on the property that is more than five feet from
existing property lines without interfering with the current parking
configuration, drive aisle and the visibility of incoming and outgoing traffic.
Per the attached survey of the property there is only a feiv feet between the
walkway on the property near the building and the property line bordering the
right-of-way. (See zoomed in version of survey).
Since the last application for variance was heard by the community development
board, the applicant has looked at mock-ups of signs which meet the height
regulations under the sign code. Attached is an example of such a sign which
meets the size criteria under the sign code. Such a sign would be within five feet
Page 21 of 63
Agenda Item #2.D.
18 Apr 2022
2
of the property line (which would still require a variance) and would be a hazard
to internal and external traffic and/or would be blocked by any parked cars.
(2) Surrounding conditions or circumstances impacting the property disparately from
nearby properties.
(3)
The location of the property and the pre-existing way it was developed are
surrounding conditions and circumstances impacting this property disparately
from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
The property was developed so that the parking area and drive aisle were designed
to connect directly into Seminole Road and Atlantic Boulevard on a corner lot.
Because of this, the placement of a sign that is not elevated on any location within
the property would be a hazard to vehicular, pedestrian and bicycle traffic thereby
preventing the reasonable signage use of the property.
(4) Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property.
(5)
The current sign regulations as to setback and height were put into place after
the property and the existing sign were developed.
Irregular shape of the property warranting special consideration.
The property is a corner lot which immediately abuts Atlantic Boulevard and
Seminole Road with no setback between the parking/drive aisle area and the
right-of-way.
(6) Substandard size of a lot of record warranting a variance to provide for the
reasonable use of the property.
The lot is substandard so that fill compliance with the sign code would require
placing a sign in accessways or parking.
Page 22 of 63
A
00
.r
Agenda Item #2.D.
18 Apr 2022
Page 23 of 63
PROPOSED UPDATE TO
EXISTING SIGN
Agenda Item #2.D.
18 Apr 2022
Page 24 of 63
52$0 FINE
S'lGRr «
Iy1
Approximately 6.15 feet x 4.15
feet
25.5 square feet
STREET VIEW OF EXISTING SIGN
Agenda Item #2.D.
18 Apr 2022
Page 26 of 63
Agenda Item #2.D.
18 Apr 2022
Page 27 of 63
AGENT AUTHORIZATION
Agenda Item #2.D.
18 Apr 2022
Page 28 of 63
AGENT AUTHORIZATION
August 04., 2021
To Whom It May Concern:
Agenda Item #2.D.
18 Apr 2022
This letter is to authorize Zach Miller, Esq, to sign and act as agent for submittal,
amendment and approval of applications for variances for proms es the following real estate
numbers: 170655 0000,
By:
Name:
Title:
COUNTY OF DUVAL
STATE OF FLORIDA
The foregoing was acknowledged
Corn clap . LLC
Virginia Wetzel
`
COMMISSION # GG233893
.r EXPIRES: July 1, 2022
Bonded Thru Aaron Notary
before me this 7041N- day of 14111.u3 by
as Quaver ✓ of
on behalf of the
personally known to me) or produced
He/She is
as ident
9n.
Not Public Sign�ture_
Pri Name: 1 ra i w+.o--' (,(
Commission Expires: ,.1 , 2d -i --
Page 29 of 63
PROOF OF OWNERSHIP
Agenda Item #2.D.
18 Apr 2022
Page 30 of 63
Agenda Item #2.D.
18 Apr 2022
Reooraea U1/25/ZU1d 11:id AM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $27.00
This Instrument was prepared
by and should be returned to:
John Zehmer, Esquire
Korn & Zehmer, P.A.
822 AIA North, Suite 315
Ponte Vedra Beach, Florida 32082
OUIT-CLAIM DEED
THIS QUIT -CLAIM DEED is executed this ,20.....111_day of January, 2018, by Frontier
Property Holdings, LLC, a Delaware limited liability company, whose mailing address is
2300 Marsh Point Road, #301, Neptune Beach, Florida 32266 (the "Grantor"), in favor of
Seminole South LLC, a Florida limited liability company, whose mailing address is 2300
Marsh Point Road, #301, Florida 32266 (the "Grantee"). As used herein, the terms "Grantor"
and "Grantee" shall include, where the context permits or requires, singular or plural, heirs,
personal representatives, successors, or assigns.
WITNESSETH THAT, Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby remise, release and quit -claim to the Grantee all of the right, title,
interest, claim and demand which the said Grantor has, or may have, in and to the property
located in Duval County, Florida, and more particularly described as follows (the "Property"):
Lots 744, 745, 746, 747, 748, 749 and 750, Section No. 1 Saltair, according to the
map or plat thereof, as recorded in Plat Book 10, Page 8, of the Public Records of
Duval County, Florida.
Page 31 of 63
TO RAVE AND TO HOLD the same together with all and singular the appurtenances
thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever that the said Grantor has, either in law or equity, to the proper use, benefit
and behoof of the Grantee forever.
[remainder of page left intentionally blank]
Agenda Item #2.D.
18 Apr 2022
Page 32 of 63
Agenda Item #2.D.
18 Apr 2022
IN WITNESS WHEREOF, the Grantor, has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered
in the presence of:
\„/!ke✓ MaSovI
Printed Name
3e2E S Jv COY
Printed Name
STATE OF FLORIDA
COUNTY OF DUVAL
GRANTOR:
Frontier Property Holdings, LLC, a
Delaware limited lia
By
Jean Bakkes
Manager
):
JOLANTA BETLEJEWSKA -
1 MY COMMISSION it G0093180
'°;. S April 11.2021
The foregoing instrument was acknowledged before me this day of
January, 2018, by Jean Bakkes, as Manager of Frontier Property Holdings, LLC, a Delaware
limited liability company, on behalf of the company, who /is personally known to me or has
produced as identification.
Notary Publi State " ounty Aforesaid
Print Name: • Lit -MT. SeTLE TeUX k�}
Commission No.: GC, 0513 120
Commission expires: Aird (l , 20 U
Page 33 of 63
21 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# L17000256435 Mar 19, 2021
Entity Name: SEMINOLE SOUTH LLC Secretary of State
5152614187CC
Current Principal Place of Business:
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266
Current Mailing Address:
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266
FEI Number: 82-3869646
Name and Address of Current Registered Agent:
BAKKES, JEAN
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266 US
Certificate of Status Desired: No
The above narned entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the Slate of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Authorized Person(s) Detail :
Title MGR
Name BAKKES, JEAN
Address 2300 MARSH POINT RD, UNIT 301
City -State -Zip: NEPTUNE BEACH FL 32266
Date
I hereby certify dual the information indicated on this report or supplemental report is bue and accurate and that my electronic signature shall have the same !riga effect as It made under
oath: that I am a managing member or manager of the limited rabid), company on the rece/ver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all Other tam empowered.
SIGNATURE:JEAN BAKKES MGR 03/19/2021
Electronic Signature of Signing Authorized Person(s) Detail
Date
Agenda Item #2.D.
18 Apr 2022
Page 34 of 63
SURVEY
Agenda Item #2.D.
18 Apr 2022
Page 35 of 63
1.1 FCLIW1w111Kr.110011 160kn.1PII V I9w•••IIIjeI.w. oro
MAP OF BOUNDARY SURVEY
OF
Lois C lit'IA711.1 Ii fr rjegl 'rbtemitraartoerdi.0
Agenda Item #2.D.
18 Apr 2022
GRAPHIC SCALE
0 60 90 l2a
$09'7/41-+1 TI1.26' 'f Yr.
110
�rL ;
1I.$r,0Aw Im'IW 71
t 0 �
L` 0 611144
}r' 11Mwfli �"�
11 x p^'O
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i▪ Mh j'Ipilr M. wrAl[vr
nu. ®1m. 10 nem [mum. •. l.e woorr o row MAI 1.110 •1•"n. ,r. 1I.W Immo Ma r1• 1. =HY we4[r 10.o w ra 04114.
JI&SIKra'
BOUNDARY SURVEY
A T1 A A ITI# 111 1 1M
0
aiiullo f° I/07iI 0
I 0 ILL rhr0 rp I01i 6 LL0
p��prN�1 �(� � '�w�
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11"nua11;1tr, lOt.110 w'IM 1 ' 11"iie7i{x00�1 7�,�
.'.
"'Mira M a 21- 4171'.1III I.lx OMYIN.
LF .M RIR./ 1.111 •aw In4.111,
" "I 7.J1'IBrur":
.11.1t &1M, lyl WI' 1JLnq wawa,
II 011.6`1`
M4 WWwl[w 1•01010 qa.
N W. Wk1 (rLY6/11
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.1" ... W' l 1 ORLt0IO.
Lelwn IXy1g. 11016/601/
twynl1 Wm TIMID In. ON
Pr;
T FIRM' COAST LAND SURVFI7NQ INC.
lug 11601/009 114 000404
L1011R6 0111017 w. 7111
7111 • 01 00901 RVr k6.0 0 .00.I0.1llr 1. 3010
Page 36 of 63
LOCATION PROPOSED BY
COMMUNITY DEVELOPMENT
BOARD
Agenda Item #2.D.
18 Apr 2022
Page 37 of 63
Agenda Item #2.D.
18 Apr 2022
Page 38 of 63
Present:
Absent:
Also Present:
Agenda Item #2.D.
18 Apr 2022
MINUTES
Community Development Board (CDB) Meeting
Tuesday, February 15, 2022 - 6:00 PM
Commission Chamber
Jennifer Lagner, Member
Kirk Hansen, CDB Chair
.lames Moyer, Member
Richard Schooling, Member
,left' Haynie, Member
Linda Lanier, Member
Sylvia Simmons, Member
Ellen Golombek, Member
Brenna Durden, City Attorney (CA)
Amanda Askew, Planning and Community Development Direcior (PCDD)
Valerie Jones, Recording Clerk
Abilelle Genesi. Planner
I. CALL TO ORDER AND ROLL CALL
Ms. Lagner arrived at approximately 6:06 p.m. and was not able to vote on ZVAR22-0001.
2. APPROVAL OF MINUTES
A. Approve minutes of the January 18, 2022 regular meeting of the Community
Development Board.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. 1858 Beachside Court ZVAR22-0001 (Jeffrey Ritter)
Request for a variance to reduce the minimum rear yard setback to convert an
existing unpermitted attached pergola into a covered porch at 1858 Beachside
Court.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked for clarification on the distance of the existing structure from the
property line. Planner Genesi said it was 7,78 feet according to the survey.
APPLICANT COMMENT: Suzanne Ritter introduced herself as the applicant. She
said that her and her husband were wanting to put a roof on the structure in order to have
Community Development Board (CUB)
February 15, 2022
Page 1 of 6
Page 39 of 63
Agenda Item #2.D.
18 Apr 2022
a dry seating area outdoors. Ms. Ritter pointed out the unusual shape of their lot and said
they don't really have any areas in the rear of the property that are 20 feet from the
property line.
Mr. Schooling asked if they were planning on enclosing the area and Ms. Ritter said they
do not intend to enclose it.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being
no public comments Chair Hansen closed the floor.
BOARD DISCUSSION: Mr. Moyer was in favor of the request. Mr. Haynie said he
doesn't see grounds for approval. Mr. Schooling said he thought it fell within #5
(Irregular shape of the property warranting special consideration).
MOTION: To APPROVE ZVAR22-0001 on the condition of #5 (Irregular shape of the
property warranting special consideration).
Motion: Jeff Haynie
Second: James Moyer
Kirk Hansen For
James Moyer (Seconded By) For
Richard Schooling For
Jeff Haynie (Moved By) For
Motion passed 4 to 0.
B. 487 Royal Palms Drive ZVAR22-0002 (Maureen Lamar)
Request for a variance from Section 24-253(a)(3) to allow a circular driveway on a
property with less than 100 feet of street frontage at 487 Royal Palms Drive.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Ms. Lagner asked if there was a recent traffic study. Director Askew said she wasn't
aware of specific data but they have received speeding complaints and a radar/sign has
been installed. Mr. Haynie asked if the property was smaller than surrounding lots.
Director Askew said the lots in the neighborhood are very similar in size.
APPLICANT COMMENT: Maureen Lamar, property owner, introduced herself. She
said that 3 out of the 4 lots on her street that have circular driveways are the sante width
at the front of the property. Ms. Lamar said her husband had back surgery and it was a
challenge for him to back out of the driveway.
Mr. Haynie asked about a comment that was on the application referring to trees blocking
her vision. Ms. Lamar said that the trees are not a problem at this point because the trees
Community Development Board (CDB)
February 15, 2022
Page 2 of 6
Page 40 of 63
Agenda Item #2.D.
18 Apr 2022
are young but as they growl it will he dit'ticult, Mr. Haynie iskcd if there was :in
alternative driveway design and is there room to turn around and enter the road going
forward. Ms. Lamar said there isn't the ability to That with the existing driveway and that
she would have to expand the width of the driveway to slake that happen, She said she
had discussed that option uvith her husband but they concluded that they didn't want to
go that road, Ms. Lamar explained that they were going to use concrete edging with
gravel in the middle. Mr. Schooling asked if the palm trees on the north end oI'the lot
would he affected and Ms. Lamar said they will not.
PUUBLiC COMMENT: Chair Ilansen opened the lloor to public comment. There being
no public comments Chair I 'arisen closed the floor.
BOARD DISCUSSION: Mr. Schooling said the newly planted trees can affect the
visibility to come in and out of the properties. Mr. Moyer said he thought the circular
driveway were better looking. Ms. Lagner said that there are other streets in Atlantic
Beach that arc just as busy but she does like the idea of this variance. Mr. Haynie said
he didn't see any ground for approval. Mr. Schooling was leaning toward # 1 or #4. Mr.
Moyer understood the safety issue. Chair Hansen said that with less driveway the
applicant could still pull in straight and have a turnaround as an alternative and would
not need a variance.
MOTION: To APPROVE ZVAR22-0002 on the condition of #4 (Onerous effect of
regulations enacted after platting or after development of the property or after
construction of improvement upon the property).
Motion: Richard Schooling
Second: James Moyer
Jennifer Lague!' Against
Kirk Hansen Against
Janes Moyer (Seconded lij9 For
Richard Schooling (Moved Bp) For
Jeff Haynie Against
Motion failed 2 to 3.
C.
705 Atlantic Boulevard (Seminole South LLC -tach Miller)
Request fur a variance from Section 17-29 to exceed the maximum freestanding
sign height and reduce the minimum 5 -foot setback.
STAFF REPORT: Director Askew presented the inlbrnlalion as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if the sign was taken down then is it considered abandoned according
to the code. Director Askew said that in the sign code a sign is considered abandoned
when the business is no longer in service even though the sign is still standing. She said
Community Development Board (COB)
February 15.2022
Page 3ot'6
Page 41 of 63
Agenda Item #2.D.
18 Apr 2022
they need a either get :1 variance or the sign has Io IN: taken dou n. ('hair I Jansen asked
i1' Code Nnforcement was involved. Director Askew said the property is under code
enforcement action and they ale allowing the applicant to exhaust all remedies before
going hack to the special magistrate, She said that if the variance is denied then the)
will continue the ('ode Entbrce111e11t process.
APPLICANT COMMENT: %ach Miller of 3203 Old Barn Court, Ponle Vedra
introduced himselfas representing Seminole South. I le said that he since cooling before
the Board in October he has tried unsuccessfillly to find another place for the sign that
would meet the set -hacks without the need for a variance. Mr. Miller said that the
conclusion was to asked for a variance for the existing sign that has been there since
1960.
Mr. Haynie asked if the size or material of the sign would be different. Mr. Miller said
they would be similar to the existing sign with different occupants listed,
BOARD DISCUSSION: Mr. Moyer said there were a lot of signs on the existing
building and thought there was a Netter way to do a sign. Mr, Schooling said he was
50/50 011 the request. Ms. Lagner said she didn't have any issues with it. Mr. Haynie
said he was trying to see which ground ibr decision would apply. He had considered #4
but didn't feel there was onerous effect because the building fascia already had so much
signage. Chair Hansen said the only grounds he saw was the irregular shape of the
property. He said he was also conflicted and didn't want 10 encourage other 25 foot high
signs.
(MOTION: To Dr:,►i `t' Z V -tit22-0003 due to there being no grounds for approval,
Motion: Jeff Haynie
Second: Junws Moyer
Jennifer Lagner Against
Kirk Hansen For
James Moyer (Seconded H)) For
Richard Schooling Against
Jeff Haynie (Moved By) For
Motion passed 3 to 2.
D, 469 Atlantic Boulevard Unit 5 UBEX22-0001 (Amelia and Adam Paintan)
Request for a use -by -exception 10 allow a tattoo studio within the Commercial
General zoning district at 469 Atlantic Boulevard Unit 5.
STAFF REPORT: Planner Genesi presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
('ommunitti Development Board (C'D13)
February 15, 2022
Page 4 of 6
Page 42 of 63
Agenda Item #2.D.
18 Apr 2022
Mr. Haynie asked if staff knew 11' some of the other tattoo studios that were approved in
the past are still open. Planner Genesi said she thought a couple of them were.
APPLICANT COMMENT: Adam Painton introduced himself and his wife Amelia as
the owners of Raptors Tattoo Studio. Ms. Painton thanked the Board and explained that
their place would 1101 be your typical tattoo shop. She said they pride themselves on fine
art in a clean and respectful environment. Mr. Painton said they believe in community
involvement and added that he is active military. He said they want to provide an
environment for artists of the sante mindset to change the stigma around the tattoo
industry.
Mr. Moyer asked about the hours. The applicants said they were looking al 11:00 a.ni.
to 9:00 p.m. Mr. Haynie asked if there was anything else involved such as music, noise,
etc. Mr. Painton said the music would be relaxing and there wouldn't be alcohol. The
applicants talked about their history, traveling internationally and managing another
studio for 5 years.
PUBLIC COMMENT: Chair Hansen mentioned they received 2 letters of reference in
favor of the applicants. Chair Hansen opened the floor to public comment. Ms. Durden
did the swearing in. Mary Treadaway of Atlantic Beach introduced herself She said
that the applicants were wanting to open their shop within a 4 block radius of 3 other
tattoo and piercing studios that are currently open. Ms. Treadaway was not in favor of
the request. There being no public comments Chair Hansen closed the floor.
BOARD DISCUSSION: Mr. Haynie asked if the use would dominate the area. He
didn't have a problem with it. Mr. Moyer agreed that it wasn't a problem. Mr. Schooling
said was in favor of the request.
MOTION: To APPROVE UBEX22-0001 finding it consistent with the uses permitted (there
were no conditions)
Motion: Jennifer Lagner
Second: Jeff Haynie
Jennifer Lagner (Moved By) For
Kirk Hansen For
Janes Moyer For
Richard Schooling For
Jeff Haynie (Seconded By) For
Motion passed 5 to 0.
5. REPORTS
Ms. Durden said that Ms. Lamar was asking for clarity on the vote for her variance and it was
explained to the applicant.
Community Development Board (CDB)
February 15, 2022
Page 5 of 6
Page 43 of 63
Agenda Item #2.D.
18 Apr 2022
Comp Plan Update: Director Askew explained to (Ile Board that Stal't'will he bringing several
Comp Plan changes to 1liem in the next several months, She said there will he special meetings
and workshops. Director Askew said the Comprehensive Pian is the guide Ityr the City and they
would like lo make a few changes. She said that they will also he updating Chapter 24 which is
hogs the City implements the Comp Plan. Director Askew said the changes weren't hid, but they
want to be on board with the State legislature. She said that a public mailer will be required that
goes out to approximately 5,00(] residents.
6. PUBLIC COMMENT
There were no public comments,
7. ADJOURNMENT
"There being no further discussion, ('hair I loosen declared the meeting adjourned at 6:57 p.m.
Attest:
Amanda Askew irk Hansen, ('hair
Community Development Board (CCM
February IS, 2022
Page 6 of 6
Page 44 of 63
REQUEST FOR APPEAL
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
SITE INFORMATION
ADDRESS
SUBDMSION
705 Atlantic Boulevard
REO 170655 0000
APPLICANT INFORMATION
NAME
Seminole South, LLC
ADDRESS 2300 Marsh Pointe Road 4301
CITY
PROPERTY LOCATION Near Seminole Road and Atlantic Blvd
RE#
170655 0000
- LOT/PARCEL SIZE 0.63
NB
Agenda Item #2.E.
18 Apr 2022
FOR INTERNAL OFFICE USE ONLY
FILE# APP22-0003 -
$300.00 Application Fee
744, 745,746
-
BLOCK Section 1 (5altairLOT
- /4/, mo, /4'.
RESIDENTIAL ® COMMERCIAL ❑ OTHER
EMAIL jean k'skyenterprises.com
STATE FL ZIP CODE 32266
PHONE 11 904-853-6801 CELL 4 904-651-8958
ZONING CODE CB
WHAT ISSUE ARE YOU APPEALING? denial of sign variance (height and distance from property line)
PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING:
please see attached
I HEREBY CEI1TIFY THAT ALL INFORMATION PROVIDED -15 CORRECT: Signature of Property Owner{s) or Authorized Agent //fir/f
• I J l 3/ • FI Z1.
7 rf:
SIGIVA1 E OF APPLICANT DATE '
Zach Miller, Esq.
PRINT OR TYPE NAME
SIGNATURE OF APPLICANT (2)
PRINT OR TYPE NAME
Signed and sworn before me on this k f ' day of f&i-r- u'v-N
Identification verified: TV r ire ruR '
Oath Swom: 0 Yes N42:
'sl: COLLEEN HICKEY
NMY COMMISSION # HH 203374
7i F�(PIRES: November 30, 2026
'1 ' Bonded Thu Notary Rm&Undeixiltel4
23 REQUEST FOR APPEAL 07.O&219
by
(
DATE
State of Ck%-)Nr + ��
County of 03 CA.
„ Notary Signature
My Commission expires
►J J(r.-. ► 3� ca1S
Page 45 of 63
1
BACKGROUND
This appeal concerns the denial by the Atlantic Beach Community Development Board (the
"CDB") of a sign variance application (the "Application") for an existing sign (the "Sign") located
at 705 Atlantic Boulevard (the "Property").
The Sign has stood on the Property since the 1960s. The Sign does not conform the current land
development code (the "LDC") requirements as to height and distance from the property
boundaries.
The appellant presents this verified petition to the City Commission setting forth that the denial of
the Application by the CDB conflicts with/and is in violation of the relevant portions of the.LDC.
Specifically, at the February 15, 2022, the CDB, by a vote of 3-2, denied the requested variance
for the Sign. Per the Section 17-52, LDC, the CDB was required to grant the variance if there is
competent substantial evidence that the proposed variance met one (1) of the criteria for a sign
variance. Respectfully, there was competent substantial evidence that the Application meets the
applicable criteria..
SIGN VARIANCE CRITERIA
Per Section 17-52(c), the CDB 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.
The Application is needed to update the existing freestanding (pole) that has existed on the
Property for six (6) decades. The existing sign is approximately 25.5 square feet in area whichis
approximately 'A the size of a sign allowed on this property. The Property was developed a
commercial strip center in the 1960s The entire parking lot and "interior" drive aisles connect
directly to Seminole Road without any buffering or landscaping.
Agenda Item #2.E.
18 Apr 2022
Page 46 of 63
Agenda Item #2.E.
18 Apr 2022
2
Per the survey of the Property attached to the Application, the property boundary between
the Property and the right-of-way is immediately adjacent and/or cuts through the parking area and
parking spaces for the Property. This creates a practical difficulty where there is no place on the
Property where the applicant can safely place a freestanding sign, which is allowed by right under
the sign code.
The physical features of the Property, specifically, its irregulars shape, orientation and
border with two (2) well -traveled rights-of-way/roadways mean:
• There are exceptional topographic (which means "relating to the physical features
of the area."),ponditions at or near the Property;
• The surrounding conditions and circumstances impact the Property disparately
from nearby properties (there are no other properties with the same issues);
• Exceptional circumstances (the lack of buffer between the rights-of-way and the
parking areas) prevent the reasonable use (a freestanding sign) compared to other
properties in the area (which all have freestanding signs); and
• The irregular shape of the Property (its closeness to the roadway of the right-of-
way and the non-linear boundary through its parking area) warrants special
consideration.
Because the Property was platted as a substandard commercial property in 1925, the
Property is a substandard lot of record which warrants a variance for reasonable use (a sign allowed
by right) of the Property.
Finally, because the current sign regulations were enacted after platting of the Property and
after development and construction of the Property, these regulations have the onerous effect on
the Property by: 1) not allowing the Applicant to have a freestanding sign (which again is allowed
by right) and 2) forcing the Applicant to remove a sign which has existed on the Property for
almost sixty (60) years.
Page 47 of 63
tot .41LOWIC frX • Rry
0- .)
00
(1)
4=.
00
0
- h
UJ
Existing sign
PROPOSED UPDATE TO
EXISTING SIGN
Agenda Item #2.E.
18 Apr 2022
Page 49 of 63
Crq
rD
u1
0
0
rn
Approximately 6.15 feet x 4.15
feet
25.5 square feet
STREET VIEW OF EXISTING SIGN
Agenda Item #2.E.
18 Apr 2022
Page 51 of 63
Agenda Item #2.E.
18 Apr 2022
Page 52 of 63
AGENT AUTHORIZATION
Agenda Item #2.E.
18 Apr 2022
Page 53 of 63
AGENT AUTHORIZATION
4+t'
August j,6. , 2021
To Whom It May Concern:
This letter is to authorize Zach Miller, Esq. to sign and act as agent for submittal,
amendment and approval of applications for variances for properties w.irlr _the -following real estate
numbers: 170655 0000. _
COUNTY OF DUVAL
STATE OF FLORIDA
By:
Name:
Title: 67 -11 -1,\N -C -7/Z,
The foregoing was acknowledged before me this Z &' day of AA S �' by
r r
(2)(4,V—V“ as D wv•e.✓ of
rn innl.n c-vn,) VtiN- LLC on behalf of the
He/She .., is l 'personally known :, to me or produced
Bit COMMISSION IN W233a el9
EXPIRES:p���July 1, 2022
Bonded ThuMalo' Notary
as idennliicatton.
'`c, 11
Notary'Public Signature
Pride Name: ;; i r4 iu.4 ((\ 2-e,..
Commission Expires:� �,;1 t , 2o —
Agenda Item #2.E.
18 Apr 2022
Page 54 of 63
PROOF OF OWNERSHIP
Agenda Item #2.E.
18 Apr 2022
Page 55 of 63
Agenda Item #2.E.
18 Apr 2022
'Recorded 01/25/2018 11:38 AM, R0NNXE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY
RECORDING $27.00
This Instrument was prepared
by and shouldtpe returned to:
John Zehmer, Esquire
Korn 4 Zehmer, P.A.
822 AIA North, Suite 315
Ponta VcdraBeaci,, Florida 32082
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED is executed this`,day of January, 2018, by Frontier
Property Holdings, LLC, a Delaware limited liability company, whose mailing address is
2300 Marsh Point Road, #301, Neptune Beach, . Florida 32266 (the "Grantor"), in. favor of
Seminole South LLC, a Florida limited liability company, whose mailing address is 2300
Marsh Point Road, #301, Florida 32266 (the "Grantee"). As used herein, the terms "Grantor"
and "Grantee" shall include, where . the context permits or requires, singular or plural, heirs,
personal representatives, successors, or assigns.
WITNESSETH THAT, Grantor, for and in consideration of the sum of TEN
DOLLARS (S10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby remise, releaseand quit-claina to the Grantee all of the right, title,'
interest, claim and demand which the said Grantor has, or may have, in and to the property
located in Duval County, Florida, and more particularly described as follows (the "Property"):
Lots 744, 745, 746, 747, 748, 749 and 750, Section No. 1 Saltair, according to the
reap or plat thereof, as recorded in Plat Book 10, Page 8, of the Public Records of
Duval County, Florida.
Page 56 of 63
TO RAVE AND TO HOLD the same together with all and singular the appurtenances
thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever that the said Grantor has, either in law or equity, to the proper use, benefit
and behoof of the Grantee forever.
. fremainder of page lei intentionally blank)
Agenda Item #2.E.
18 Apr 2022
Page 57 of 63
IN WITNESS WM , (F, the Grantor, has si
first above written.
Signed, sealed and delivered
in the presence of:
\,./x IKtbititot5oel
Printed Name
Printed Name
STATE OF FLORIDA
COUNTY OF DUVAL
Agenda Item #2.E.
18 Apr 2022
and sealed these presents the -day and year
GRANTOR:
Frontier Property Holdings, LLC, a
Delaware limited Iia ll ec npa iy
Jean Bakkes
Manager
JOLANTA BETLEJEWSKA
MY COmM41810t .# GGoeateo
XPIRES Apri tt.2021
The foregoing instrument was acknowledged, before me this day of
January, 2018, by. Jean Bakkes, as Manager of Frontiex Property Holdings, LLC, ,a Delaware
limited liability company, on behalf of the company, who`Kyis personally known to me ora has
produced as identification.
)yv
Notrrypublic State
Print Name: t Pr
Commission No.: •
Commission expires:
tatty Aforesaid
F `E' .Tt.E -seta k-
093ISD
,-Ji it .2oa l
Page 58 of 63
t4,
DOCUMENT# LI 7000256435
Entity Nam: SEMINOLE SOUTH LLC
Current Principal PIS of Bo:11n n:
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32268
Current Mailing Address:
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266
111 "►�It►wl '
FEI Number: 82.3869646
Name and Address of Current Regleterod Agent:
BAKKES,JEAN
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266 US
REPORT
pluEn
r 19, 2921
Secretary of State
5152614187CC
Certificate of Statue Desired: No
The above named envy submits this statement for eye ptuposa of changng its registered offla or registered sgont or both, k the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Authorized Person(s) Detail :
Title MGR
Name
BAKKES, JEAN
Address 2300 MARSH POINT RD, UNIT 301
City -State -Zip: NEPTUNE BEACH FL 32266
Dane
1 hark y VW the Aa orroadbn ticketed on Yes retort or suppkieveidolldpal is rue and aauale a+dnrl my aleatoric s green that heat ihe swat *got 064aas 11 made udder
oath: Mar I am a menspagmember or manager al Oka M* le" company or the meeker or ausieoenpoaaed to esac+bshia report as wham! Chapter 805. fbrtdo Sats: and
Uel any name appears above, or on an atlechme.K NQlaalolherAte empawrod.
SIGNATURE:JEAN BAKKES MGR' 03/19/2021
Electronic Signature of Signing Authorized Person(s) Detail Date
Agenda Item #2.E.
18 Apr 2022
Page 59 of 63
SURVEY
Agenda Item #2.E.
18 Apr 2022
Page 60 of 63
•bK.larlw5
Agenda Item #2.E.
18 Apr 2022
MAP OF BOUNDARY SURVEY
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Page 61 of 63
LOCATIONPROPOSED BY
COMMUNITY-DEVELOPMENT
BOARD
Agenda Item #2.E.
18 Apr 2022
Page 62 of 63
NOW LEASING
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AReERSHQP Makenu
CHOCOLATE
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