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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 Page 1 of 4 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 Page 3 of 4 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 Page 4 of 4