04-19-22 CDB Adopted MinutesMINUTES
Community Development Board (CDB) Meeting
Tuesday, April 19, 2022 - 6:00 PM
Commission Chamber
Present: Linda Lanier, Member
Jennifer Lagner, Member
James Moyer, Member
Sylvia Simmons, Member
Jeff Haynie, Member
Ellen Golombek, Member
Absent:
Kirk Hansen, CDB Chair
Also Present: Brenna Durden, City Attorney (CA)
Amanda Askew, Planning and Community Development Director (PCDD)
Valerie Jones, Recording Clerk
Abrielle Genest, Planner
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Ms. Lanier who was standing in as Chair in the
absence of Chair Hansen.
2. APPROVAL OF MINUTES
A. Approve minutes of the March 15, 2022 regular meeting of the Community
Development Board.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. 355 19th Street ZVAR22-0005 (Jennifer V. Prado)
Request for a variance to reduce the minimum 5 -foot side yard accessory structure
setback for an unpermitted, uncovered deck greater than thirty (30) inches in height
and to reduce the minimum 5 -foot side yard setback for a hot tub.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Moyer asked if the construction company has done work in the City before. Planner
Genest said she wasn't sure. Ms. Simmons wanted to know if the applicant would have
pulled a permit then this would not have happened. Planner Genest said that was correct,
they would have been denied for not meeting the 5 -foot setback and would have had to
revise their plans to meet Code.
Community Development Board (CDB)
April 19, 2022
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APPLICANT COMMENT: Jennifer Prado introduced herself as the applicant and
owner. She explained that she hired a contractor and wasn't informed by him that she
would need a permit. Ms. Prado thought that since there was a deck there already that a
permit wasn't necessary.
Ms. Golombek asked if the existing deck was the same footprint as the new one. Ms.
Prado said it was not. Mr. Haynie asked if there was a way to move the hot tub over.
Ms. Prado said the support beam would have to be removed and the coquina wall would
have to be cut. She said the hot tub could not be returned. Ms. Lagner asked if the hot
tub was hooked up. Ms. Prado said it was hooked up. Ms. Simmons asked if the
contractor was licensed. Ms. Prado said she didn't think he was but she wasn't sure. Ms.
Simmons wanted to know if the applicant had a contract. Ms. Prado said she did not.
PUBLIC COMMENT: John Gaelib, of 351 19th Street introduced himself as the
neighbor on the side with the encroachment and said he had no issues with the variance
request.
BOARD DISCUSSION: Mr. Haynie said he didn't see any grounds for approving the
variance. Ms. Lagner agreed. Ms. Simmons took issue with the contractor performing
work without a license.
MOTION. To DENY ZVAR22-0005 due to there being no grounds for approval.
Motion: Sylvia Simmons
Second. Jeff Haynie
Linda Lanier
For
Jennifer Lagner
For
James Moyer
For
Sylvia Simmons (Moved By)
For
Jeff Haynie (Seconded By)
For
Ellen Golombek
For
Motion passed 6 to 0.
B. 725 Atlantic Boulevard, Suite 6 UBEX22-0003 (Whiskey Jax)
Request for a use -by -exception to allow on -premises consumption of alcoholic
beverages and live entertainment within the Commercial General zoning
district at 725 Atlantic Boulevard, Suite 6.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation. The Board had several questions
regarding soundproofing which would later be answered by the applicant.
APPLICANT COMMENT: Thomas Fischer introduced himself as the applicant. He
explained that the soundproofing that was previously done by Fire Fly Bay was pretty
Community Development Board (CDB)
April 19, 2022
Page 2 of 4
good. Mr. Fischer said they also added a layer of artificial brick made of gypsum to
soundproof. He said they did a couple sound checks and everything was good. Mr.
Fischer said they don't have plans to have music outside.
Mr. Haynie asked what the hours will be. Mr. Fischer said they currently open at 4:00
p.m., live music would be on Saturday around 8:30 p.m. and acoustic music on
Wednesday from 6:30-9:30 p.m. He said they want to be a restaurant that has a nice bar
with live music. Mr. Haynie asked how late the music would play. Mr. Fischer said
most bands play for 3 hours, so approximately 11:30 p.m. and the latest would be
midnight. Ms. Lanier asked if there would be dancing. Mr. Fischer said that most of the
bands would be bands you could dance to.
PUBLIC COMMENT: Ms. Lanier opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: The Board spoke in favor of the use -by -exception. Mr. Haynie
had concerns about noise from live entertainment. Mr. Moyer asked if the Board could
take action after the fact if there was a complaint. Director Askew said they could not
unless they added a condition to the use -by -exception. Ms. Golombek mentioned other
restaurants that were close to residential areas that all have live entertainment on a
regular basis. Ms. Lanier asked if restrictions had placed on other restaurants. Director
Askew confirmed that there was a restriction of no outdoor entertainment on Fire Fly
Bay.
MOTION. To APPROVE UBEX22-0003 to allow on premises consumption of alcoholic
beverages and live entertainment with the condition that there would be no live outdoor music
allowed.
Motion: Jeff Haynie
Second. Jennifer Lagner
Linda Lanier
For
Jennifer Lagner (Seconded By)
For
James Moyer
For
Sylvia Simmons
For
Jeff Haynie (Moved By)
For
Ellen Golombek
For
Motion passed 6 to 0.
C. 299 Atlantic Boulevard, Suite 2 UBEX22-0004 (AB Kitchen, LLC)
Request for a use -by -exception to allow on -premises consumption of beer and
wine within the Central Business District at 299 Atlantic Boulevard, Suite 2.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Community Development Board (CDB)
April 19, 2022
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5.
6.
7.
Attest:
APPLICANT COMMENT: Eric Williams of 259 Whirlaway Court, St. Johns
introduced himself as the representative for the applicant. He said they were a family
restaurant and were going to try being open for breakfast, lunch and dinner. Mr.
Williams they will have a healthy food menu.
Ms. Lagner asked what the number of seating is. Mr. Williams said approximately 50-
75 seats and some outdoor seating. Ms. Lagner asked if the food would be made onsite.
Mr. Williams said it would.
BOARD DISCUSSION: The Board didn't have any questions for the applicant and
spoke in favor of the use -by -exception.
MOTION. To APPROVE UBEX22-0004 to allow on premises consumption of beer and wine.
Motion: Jeff Haynie
Second. Sylvia Simmons
Linda Lanier
For
Jennifer Lagner
For
James Moyer
For
Sylvia Simmons (Seconded By)
For
Jeff Haynie (Moved By)
For
Ellen Golomhek
For
Motion passed 6 to 0.
REPORTS
There were no reports.
PUBLIC COMMENT
There were no public comments.
ADJOURNMENT
There being no further discussion, Ms. Lanier declared the meeting adjourned at 6:40 p.m.
irk ansen, Chair
Community Development Board (CDB)
April 19, 2022
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