Community Development Board (CDB) - 19 Jul 2022 - Agenda - Pdf
City of Atlantic Beach
Agenda
Community Development Board (CDB) Meeting
Tuesday, July 19, 2022 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
2.A. Approve minutes of the June 21,2022 regular meeting of the Community 3 - 8
Development Board.
CDB 06.21.2022 Minutes (draft)
3. OLD BUSINESS
4. NEW BUSINESS
4.A. 1822 Seminole Road ZVAR22-0009 (Jonathan Frederick) 9 - 16
Request for a variance to reduce the minimum rear yard setback to build a second story
addition at 1822 Seminole Road.
1822 Seminole Road ZVAR22-0009 Application
1822 Seminole Road ZVAR22-0009 Staff Report
4.B. 2239 Barefoot Trace ZVAR22-0010 (Jim Hanson) 17 - 31
Request for a variance from Section 23-33 to reduce the mitigation owed for
removal of three (3) trees.
2239 Barefoot Trace ZVAR22-0010 Application
2239 Barefoot Trace ZVAR22-0010 Staff Report
4.C. 1221 Mayport Road UBEX22-0006 (Grey Matter Distillery) 33 - 45
Request for a use-by-exception to allow on-premises consumption of alcoholic
beverages within the Mayport business overlay district at 1221 Mayport Road.
1221 Mayport Road UBEX22-0006 Application
1221 Mayport Road UBEX22-0006 Staff Report
Neighbors need your help
5. REPORTS
6. PUBLIC COMMENT
7. ADJOURNMENT
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of
Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233.
Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the
Page 1 of 45
Community Development Board (CDB) - 19 Jul 2022
address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should
submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting.
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 Community Development Board with respect to any matter considered
at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence
upon which any appeal is to be based.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities
needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City
Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting.
Page 2 of 45
Agenda Item #2.A.
19 Jul 2022
MINUTES
Community Development Board (CDB) Meeting
Tuesday, June 21, 2022 - 6:00 PM
Commission Chamber
Linda Lanier, Member
Present:
Jennifer Lagner, Member
James Moyer, Member
Jeff Haynie, Member
Ellen Golombek, Member
Kirk Hansen, CDB Chair
Absent:
Sylvia Simmons, Member
Brenna Durden, City Attorney (CA)
Also Present:
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.
2. APPROVAL OF MINUTES
A. Approve minutes of the May 17, 2022 regular meeting of the Community
Development Board.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. 122 6th Street ZVAR22-0007 (Candice Noll)
Request for a variance to reduce the minimum side yard setback to enclose an existing
second floor covered deck at 122 6th Street.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Ms. Golombek asked why the setbacks weren't met back when the screens were installed
in 1987. Planner Genest said that it should have been required but might have slipped
by. Mr. Haynie asked if the deck that was removed was going to be rebuilt. Planner
Genest said it was not.
Community Development Board (CDB)
June 21, 2022
Page 3 of 45
Agenda Item #2.A.
19 Jul 2022
APPLICANT REPORT: Candice Noll introduced herself as the owner of the property.
She also introduced her tenant, Brenda Curtis. Ms. Durden swore them in. Ms. Noll
explained that she has been updating the home (removing balcony, new siding, etc.). She
said she wanted to replace the screens with windows and make the room into an office.
Mr. Moyer asked for clarification on the work being done. Ms. Noll said the size of the
room wasn't changing and the deck wasn't going to be rebuilt. Mr. Haynie had the same
question. Mr. Moyer asked whether there were plenty of exits from the home. Ms. Noll
confirmed there were.
PUBLIC COMMENT: Ms. Lanier opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: The Board was in favor of the variance since it was within
the existing footprint and had no issues with the request.
MOTION: To APPROVE ZVAR22-0007 based on #4 and #6 of the conditions for approval.
Motion: Jeff Haynie
Second: Ellen Golombek
Linda Lanier For
Jennifer Lagner For
James Moyer For
Jeff Haynie (Moved By) For
Ellen Golombek (Seconded By) For
Motion passed 5 to 0.
B. 190 Club Drive ZVAR22-0008 (John and Dannetta Mahler)
Request for a variance to rebuild an existing 6-foot-tall fence within 10 feet of the side
yard property line on a corner lot at 190 Club Drive.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if the neighbor had to get a variance for his fence. Planner Genest said
she wasn't sure. Ms. Golombek asked why the code was changed regarding line of sight.
Planner Genest said she wasn't aware of the history of the changes. Ms. Lanier asked if
only a portion of the fence was repaired or replaced would it need a variance. Director
Askew said that would be considered a rebuild and it would require a variance. She
added that you can only replace a couple slats before it considered a rebuild. Mr. Moyer
is there was any State requirement regarding a fence around a pool. Director Askew said
the State just requires a 4 foot fence.
Community Development Board (CDB)
June 21, 2022
Page 4 of 45
Agenda Item #2.A.
19 Jul 2022
APPLICANT REPORT: John Mahler of 190 Club Drive introduced himself as the
owner and applicant. Ms. Durden swore him in. Mr. Mahler explained the history of
the property and his reasons for wanting to continue having a 6 foot fence around his
pool at the existing setbacks. He said the current set back requirements would put some
of the fence on the edge of the pool and several palm trees would have to be removed.
Mr. Mahler said the pool equipment, air conditioner and landscaping would all have to
be moved. He stated he was also worried about people jumping over a 4 foot fence since
it is such a high traffic area.
Mr. Moyer spoke favorably about the request. Mr. Haynie asked what was the street
where the applicant's fence butted up to the neighbors. Mr. Mahler said it was Ocean
Boulevard.
PUBLIC COMMENT: Ms. Lanier opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: Mr. Moyer agreed that there needed to be a 6 foot fence for
safety. Mr. Haynie said he would support the request based on condition #2 and/or #4.
Ms. Lagner and Ms. Golombek were in favor of the request.
MOTION: To APPROVE ZVAR22-0008 based on #2 of the conditions for approval.
Motion: Jennifer Lagner
Second: James Moyer
Linda Lanier For
Jennifer Lagner (Moved By) For
James Moyer (Seconded By) For
Jeff Haynie For
Ellen Golombek For
Motion passed 5 to 0.
C. 660 Mayport Road UBEX22-0005 (Thomas Horn)
Request for a use-by-exception to allow on-premises consumption of alcoholic beverages
and live entertainment within the Commercial General zoning district at 660 Mayport
Road.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if there was residential property nearby. Director Askew confirmed
that there is residential that is fronted by commercial. Mr. Moyer asked if there were
any complaints regarding the past use-by-exception that was approved for this property.
Director Askew said there were parking complaints but no noise complaints.
Community Development Board (CDB)
June 21, 2022
Page 5 of 45
Agenda Item #2.A.
19 Jul 2022
APPLICANT REPORT: Thomas Horn introduced himself as the applicant and the
owner of Pubs 'N Pits at 25 West 6th Street. Ms. Durden swore him in. He had a handout
that was given to all of the Board. Mr. Horn gave the history of the establishment of the
business in 2018 and how it has morphed into a community of people that come to have
barbeque, have a drink, listen to music and hang out. He said it has grown to the point
that he needs to expand in order to offer more services to the community.
Mr. Moyer asked if he had the support of the community. Mr. Horn said he did. Ms.
Lagner asked if animals were allowed and Mr. Horn said they were. Director Askew
added that there is a permit for Doggie Dining that Mr. Horn can apply for. Ms.
Golombek asked if he would consider restricting the hours for outdoor music or moving
the music indoors. Mr. Horn said that he had spoken to the Pastor of the neighboring
church and he would be happy to work with him. Ms. Lanier asked if there was a patio
on the north side. Mr. Horn said there is. He said that they would like to have more
space outdoors for serving food and he is willing to put up a fence for safety. Ms. Lanier
asked if this use-by exception would transfer to the next business owner. Director Askew
said it would not. Mr. Haynie asked if there was existing fence. Mr. Horn said his
current business is fenced and he would like to fence this new area. There was further
discussion confirming that if the beer and wine request was approved then the State
requires a fence.
PUBLIC COMMENT: Rev. Dominic Polverino of 680 Mayport Road introduced
himself. Ms. Durden swore him in. Rev. Polverino said he was the Associate Pastor of
the Atlantic Beach Assembly of God Church, which is on the north side of this property.
He said that the he (and the Pastor of the Church) object the request for a use-by-
exception. Rev. Polverino said that they are concerned about the proximity to the Church
and the pre-school that they operate from Monday through Friday. He said they also
hold other events throughout the week that can be inside or outside.
Mr. Moyer asked if they would work with the applicant if the request was approved.
Rev. Polverino said he and the Pastor would. Ms. Golombek asked if he objected the
alcohol, the music or both. Rev. Polverino said it was both and added that the Church
teaches abstinence of alcohol.
Scottie Cousin of 1485 Marshview Court introduced himself. Ms. Durden swore him in.
Mr. Cousin spoke in favor of the request.
Pam Miller of 2513 Haywood Estates Lane introduced herself. Ms. Durden swore her
in. Ms. Miller said she is a teacher at the Atlantic Beach Assembly of God Church Pre-
School which operates from 7:00 a.m. to 6:00 p.m. She explained that she is concerned
about the children and is not in favor of this request. Ms. Miller thought that there was
a rule regarding the serving of alcohol within a certain distance of a church. Director
Askew read the code which showed that there isn't such a designation.
Phil Thomason of 9830 Paddlewheel Drive in Jacksonville introduced himself. Ms.
Durden swore him in. Mr. Thomason showed some pictures and told some stories of his
visits to Pubs 'N Pits. He spoke in favor of the request.
Community Development Board (CDB)
June 21, 2022
Page 6 of 45
Agenda Item #2.A.
19 Jul 2022
Jessie George of 77 Jackson Road introduced himself. Ms. Durden swore him in. He
spoke about owning a business next to Pubs 'N Pits and said that he hasn't had any
problems or noise issues. Mr. George spoke in favor of the request.
Vicki Cates of 75 West 6th Street introduced herself. Ms. Durden swore her in. She
said that she and her husband enjoy walking down to Pubs 'N Pits and visiting with all
the people. Ms. Cates spoke in favor of the request.
Travis Bliven of 175 Great Harbor Way in Ponte Vedra introduced himself. Ms. Durden
swore him in. He said that he is a musician and has played at Pubs 'N Pits. Mr. Bliven
said that the business is building a great community and he is in favor of the request.
BOARD DISCUSSION: Mr. Haynie had some concerns due to the proximity to the
Church and residential. There was further discussion regarding adding conditions for
hours and decibels for the music. Mr. Moyer said he thought and agreement should be
able to be worked out. Ms. Golombek said she would like to exclude Wednesdays from
outdoor music due to the Church meeting on that night. Director Askew read some
conditions from a prior use-by-exception. Ms. Lagner was concerned about excluding
Wednesday in case the Church changed its meeting night. Mr. Haynie worked on a
motion and the Board went back and forth until they came up with the following motion.
Mr. Horn was concerned about the limit of how late they can stay open during the week.
He mentioned another business that had longer hours and they were next to a Church
also. There was further discussion among the Board and Director Askew regarding this.
She explained that the other business that has longer hours is next to a Church that doesn't
have a Pre-School open during the day.
MOTION: To APPROVE UBEX22-0005 to allow on-premises consumption of beer and
wine and to allow outdoor live entertainment Monday thru Thursday from 6:00 p.m. to 9:00 p.m.
except not for one-night a weekday to co-inside with church service, Friday from 6:00 p.m. to
11:00 p.m., Saturday from 7:00 a.m. to 11:00 p.m. and Sunday 1:00 p.m. to 9:00 p.m. and the
noise cannot exceed 75 decibels at the point where it reaches nearby residential property.
Motion: Jeff Haynie
Second: James Moyer
Linda Lanier For
Jennifer Lagner For
James Moyer (Seconded By) For
Jeff Haynie (Moved By) For
Ellen Golombek For
Motion passed 5 to 0.
5. REPORTS
There were no reports.
Community Development Board (CDB)
June 21, 2022
Page 7 of 45
Agenda Item #2.A.
19 Jul 2022
6. PUBLIC COMMENT
There were no public comments.
7. ADJOURNMENT
There being no further discussion, Ms. Lanier declared the meeting adjourned at 7:49 p.m.
Attest:
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
June 21, 2022
Page 8 of 45
Agenda Item #4.A.
19 Jul 2022
Page 9 of 45
Agenda Item #4.A.
19 Jul 2022
Page 10 of 45
Agenda Item #4.A.
19 Jul 2022
Page 11 of 45
Agenda Item #4.A.
19 Jul 2022
Page 12 of 45
Agenda Item #4.A.
19 Jul 2022
#)49 /& !4,!.4)# "%!#(
#/--5.)49 $%6%,/0-%.4 "/!2$
34!&& 2%0/24
AGENDA ITEM 4.A
CASE NO. ZVAR22-0009
Request for a variance to reduce the minimum rear yard setback to build a
second story addition at 1822 Seminole Road.
LOCATION 1822 Seminole Road
APPLICANT Jonathan Frederick
DATE June 28, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Jonathan Frederick, is the owner of 1822 Seminole
Road. This property is located on the west side of Seminole Road
approximately 300 feet north of Saturiba Drive and within the
Residential, Selva Marina (R-SM) zoning district.
nd
The applicant would like to build a 2-story addition above the
existing single family home. The applicant is requesting a
variance to Section 24-109(f)(2)(b) to allow an addition to exceed
the required 30ft rear yard
setback for properties fronting
Seminole Road in the R-SM
zoning district. This property
was platted in a Planned Unit
Development (PUD) which was
comprised of twelve (12)
different PUDs. The PUD
ordinance was established in
1972 as a tool for the City to gain
better control for development.
George Bull owned these lands
and had a concept for developing
the area, in which the city did not
have a master plan or
comprehensive plan to guide
development. As a part of the
PUD, an Advisory Planning
Board was required to review
proposed development of three
(3) or more units for code
Page 13 of 45
Agenda Item #4.A.
19 Jul 2022
compliance. In 1982, the zoning code update eliminated the PUD requirement and review process.
Between 1982 and 2018, city staff enforced the Residential, Single-Family (RS-1) setbacks, rather than
the setbacks established by the PUD. As a result, 75 of the 224 lots in the PUD were nonconforming due
to fence heights, additions/new homes, and accessory structures.
During the LDR update in 2018, staff began to
address the issue of enforcing the variety of
setbacks within the PUD, in which staff
proposed rezoning the area to RS-1. This
solution would have given more flexibility to
property owners, bring most properties into
compliance, reduce future variance requests,
and maintain the allowed density and
permitted uses. When this solution was
brought to the community for input, residents
expressed that rezoning the area to RS-1
would result in a loss of unique character.
These characteristics established by the PUD
include building setbacks, minimum house
size, no fences allowed in the front yards, and
accessory structure sizes.
In an effort to maintain character, staff
proposed creating a new zoning district that
would maintain the original building setbacks,
minimum house sizes, and fence requirements
while providing some flexibility to accessory
structures, fence heights in the rear yard, and
screen enclosures. The zoning map
amendment was approved in 2018 to create
the R-SM zoning district.
In 2007, the former property owner of the subject property built a screen enclosure 23.5 feet from the rear
property line located over a patio built at the time of development in 1977. This was then enclosed in
nd
2010. The applicant is proposing to build a 2 story addition over the existing structure that encroaches
6.5 feet into the 30-foot rear yard setback.
Page 2 of 4
Page 14 of 45
Agenda Item #4.A.
19 Jul 2022
Џ͵Ў ŅƷ͵ ĻƓĭƩƚğĭŷƒĻƓƷ
ЋЌ͵Ў ŅƷ ƭĻƷĬğĭƉ
ЌЉ ŅƷ .w\[
ANALYSIS
Section 24-65 states that 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-
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
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.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
room is considered a non-conforming structure due to setback regulations. I would like to build a
Page 3 of 4
Page 15 of 45
Agenda Item #4.A.
19 Jul 2022
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0009, request for a
variance to the platted Building Restriction Line (BRL) 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, 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 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 ZVAR22-0009, request for a
variance to exceed the platted Building Restriction Line at 1822 Seminole Road.
Page 4 of 4
Page 16 of 45
Agenda Item #4.B.
19 Jul 2022
Page 17 of 45
Agenda Item #4.B.
19 Jul 2022
Page 18 of 45
Agenda Item #4.B.
19 Jul 2022
Page 19 of 45
Agenda Item #4.B.
19 Jul 2022
Page 20 of 45
Agenda Item #4.B.
19 Jul 2022
Page 21 of 45
Agenda Item #4.B.
19 Jul 2022
Page 22 of 45
Agenda Item #4.B.
19 Jul 2022
Page 23 of 45
Agenda Item #4.B.
19 Jul 2022
Page 24 of 45
Agenda Item #4.B.
19 Jul 2022
Page 25 of 45
Agenda Item #4.B.
19 Jul 2022
Page 26 of 45
Agenda Item #4.B.
19 Jul 2022
#)49 /& !4,!.4)# "%!#(
#/--5.)49 $%6%,/0-%.4 "/!2$
34!&& 2%0/24
AGENDA ITEM 4.B
CASE NO. ZVAR22-0010
Request for a variance from Section 23-33 to reduce the mitigation owed for
removal of three (3) trees.
LOCATION 2239 Barefoot Trace (RE# 169463-0636)
APPLICANT James Hanson
DATE July 8, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, James Hanson, is the owner of 2239
Barefoot Trace. This property is located on the east side
of Barefoot Trace in the Residential, Single-family (RS-
1) zoning district.
The applicant is requesting a variance from Section 23-
33(a) to remove two (2) oak trees and one (1) hickory
tree without mitigating. This section of the code requires
mitigation (replacement), relocation or payment into the
tree conservation fund for trees removed on the property.
“Section 23-33 (a) Mitigation required. Replacement or relocation shall be the preferred methods of
mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved
in accordance with section 23-37, mitigation in the form of tree replacement, relocation or
preservation shall be required to offset any impacts resulting from the removal of regulated
trees/vegetation as a condition of the tree or vegetation removal permit.”
The applicant is proposing a driveway expansion to improve access to the home. The proposed property
improvements require the removal of trees for construction. The applicant is seeking the variance to waive
the requirement for mitigation and/or payment into the tree conservation fund.
The three (3) trees meet the definition of a private regulated tree. They are defined as “any tree on private
property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following
conditions: a. a DBH of eight (8) inches or more”. The table below details the trees proposed for removal
including the species, size (Diameter at Breast Height - DBH), and mitigation assessment for each tree.
Per Section 23-33 (a) staff will approve the removal of the trees however they must be mitigated and/or
money paid into the tree conservation fund.
Page 27 of 45
Agenda Item #4.B.
19 Jul 2022
The mitigation ratio is assessed based on the classification of the property (vacant, developed, new
construction, public property, etc.).
Tree Species DBH Mitigation
The subject property is
Mitigation
ID # Ratio
considered a developed lot,
Owed
(inches
which is defined as “any
removed:
parcel upon which any
inches owed
building, structure,
1 Hickory 20” 1: 1 20”
pavement or stormwater
Tree
facility exists or is proposed
8 Oak 10” 1: 0.5 5”
but which does not fall under
the definition of new
9 Water Oak 20 1: 1 20
construction or vacant lot”.
TOTAL
45”
Using the required assessment,
Barefoot Trace
the mitigation owed is a total of
45” of trees and/or the
equivalent paid into the tree
conservation fund. Mitigation
shall be in the form of tree
replacement, relocation or
preservation, or payment into
the tree fund. Mitigation can
be met by planting the owed
mitigation on site, paying into
the tree fund, or a combination
of the two. The tree fund rate is
$150.00 per inch of mitigation
owed. The cost equivalent for
the proposed removal is
$6,750.00. Replacement trees
must be selected from Section
23-33 (f) “City of Atlantic
Beach Recommended Tree
List”. Only designated
maritime species may replace
removed maritime species
(hickory). Additionally, only
oak trees may replace oak
trees.
The figure to the right is
provided by the applicant and
the tree ID #’s from the table
above correspond to the
numbers in the figure showing the approximate location of the proposed trees for removal.
Page 2 of 5
Page 28 of 45
Agenda Item #4.B.
19 Jul 2022
Tree #1
Tree #9
Tree #8
Page 3 of 5
Page 29 of 45
Agenda Item #4.B.
19 Jul 2022
ANALYSIS
Section 23-25 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 23-25 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 23-25(b) provides four distinct grounds for the approval of a variance:
(1) Exceptional topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
The applicant stated, “the hickory tree near the street should be removed to allow for the maintenance
of the driveway by replacing the old concrete drive with pavers. The base of the tree is directly
adjacent to the driveway and the root has grown over the concrete. To remove the existing driveway
and dig down to put in the sand base will require cutting about half of the tree’s root system. It may
not survive or may blow over as a result”.
(2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting
of landscape materials.
The applicant stated, “The only significant greased area in front of the house has electric and water
lines running through it. The sewer line may also be there because it would not have been practical
to run it through the woods on either side when the house was built”.
Page 4 of 5
Page 30 of 45
Agenda Item #4.B.
19 Jul 2022
(3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
(4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation
areas and/or trees.
The applicant stated, “there are no practical places to plant new trees on my lo that would not
interfere with existing trees. There are already 34 trees in the front and side yards. Trees in
neighboring yards on the east and north sides extend well lover my property. My house and driveway
are clearly and radically designed to keep the trees including a very large live oak next to my front
door and another large oak literally in the middle of my house”.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0010, request for a
variance to Section 23-33 upon finding this request is consistent with the definition of a variance, and in
accordance with the provisions of Section 23-25, specifically the grounds for approval delineated in
Section 23-25(b) and as described below.
A variance may be granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
(2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of
landscape materials.
(3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
(4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas
and/or trees.
Or,
The Community Development Board may consider a motion to deny ZVAR22-0010, request for a
variance to Section 23-25, finding this request is not consistent with the definition of a variance.
Page 5 of 5
Page 31 of 45
Page 32 of 45
Agenda Item #4.C.
19 Jul 2022
Page 33 of 45
Agenda Item #4.C.
19 Jul 2022
Page 34 of 45
Agenda Item #4.C.
19 Jul 2022
Page 35 of 45
TYP.
18"
Page 38 of 45
Agenda Item #4.C.
19 Jul 2022
#)49 /& !4,!.4)# "%!#(
#/--5.)49 $%6%,/0-%.4 "/!2$
34!&& 2%0/24
AGENDA ITEM 4.C
CASE NO. UBEX22-0006
Request for a use-by-exception to allow on-premises consumption of alcoholic beverages within the
Mayport business overlay district at 1221 Mayport Road.
LOCATION 1221 Mayport Road (RE# 171090-0110)
APPLICANT Grey Matter Distillery LLC
DATE July 8, 2022
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is Grey Matter Distillery LLC, on
behalf of the owner (Shoppes of A1A North LLC).
The property is located at 1221 Mayport Road north
of the intersection between Plaza and Mayport Road.
The applicant is seeking a use-by-exception for on-
premises consumption of alcohol outside of the
building. The business currently operates as a tap
room and distillery.
The subject property is located within Commercial
Limited (CL) zoning district. On-premises
consumption of alcohol is not a permitted use or use-
by-exception in this zoning district, however, the
property is also located in the
Mayport Business overlay
district which was created to
encourage economic
development by providing for a
mix of uses in the commercial
and light industrial zone
properties. The Mayport overlay
permits a tap room with a
brewery or distillery however;
per section 24-175(d)(3) the
outside on-premises
consumption of alcoholic
beverages requires use-by-
exception.
The applicant currently owns and
operates Grey Matter Distillery
on the property and is proposing
Page 39 of 45
Agenda Item #4.C.
19 Jul 2022
to expand services to the outdoor area located at the rear of the building. They are proposing an outdoor
seating area along with lawn games. The surrounding zoning include residential to the east and
commercial to the north, south, and west. It is important to note that proposed outside expansion is
immediately adjacent to homes in the Royal Palms neighborhood. The Board may consider placing
conditions on the use-by-exception if approved, such as condition of hours and noise levels.
The Comprehensive Plan designates this area as Marsh Oaks Business District which was identified during
the 2018 Mayport Road Vision Implementation Plan for pedestrian friendly redevelopment. The
following Comprehensive Plan Policies are applicable to this property.
Policy A.1.10.4 The City shall actively support the appropriate redevelopment and infill development
of the Mayport Road corridor. Retail and service uses that sustain neighborhoods, and encourage a
more aesthetically pleasing and pedestrian friendly environment shall be encouraged. New
development along Mayport Road shall be in compliance with the Commercial Corridor Development
Standards as set forth within the Land Development Regulations.
Policy A.1.5.4 The City shall continue to enforce provisions for landscaping and other buffering
methods as set forth within the Land Development Regulations, in order to prevent and minimize
incompatible land use relationships, excessive noise transmission, and to provide screening of
unattractive views and to enhance the
aesthetic qualities of streets, neighborhoods,
Mayport Business
and public areas of the City.
Overlay District
Chapter 3 of the code has existing regulations
regarding alcohol:
- Section 3-2 prohibits the sale of alcohol
between 2:00 a.m. and 7:00 a.m. all days of
the week
- Section 3-7 requires sufficient lighting for
the safety of patrons and employees during
all times that the business is open, and
- Section 3-8 limits consumption of alcohol to:
o Inside the building or
o Within a recreation area contiguous
to the building or
o Within an outdoor seating area
contiguous to the building
Additionally, Section 11-2(b) limits music or
similar noise that disturbs the peace, quiet and
comfort of neighbors and includes that after
10:00pm on weekdays and after 11:00pm on
weekends noise violations are strictly enforced.
Page 2 of 5
Page 40 of 45
Agenda Item #4.C.
19 Jul 2022
Below is a site plan showing the proposed outdoor expansion of the existing business.
Page 3 of 5
Page 41 of 45
Agenda Item #4.C.
19 Jul 2022
Commercial
Commercial
Single Family
Residential
Commercial
Commercial
Commercial
Multi Family
Residential
SUGGESTED ACTION FOR APPROVAL
The Community Development Board may consider a motion to approve the requested use-by-
exception (UBEX22-0006) to allow on-premises consumption of alcoholic beverages within the
Mayport business overlay district at 1221 Mayport Road provided:
1. Approval of this use-by-exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this use-by-exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-175(d)(3) in that the proposed use is found to
be consistent with the uses permitted in the CG zoning district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
SUGGESTED ACTION FOR DENIAL
Page 4 of 5
Page 42 of 45
Agenda Item #4.C.
19 Jul 2022
The Community Development Board may consider a motion to deny the requested use-by-
exception (UBEX22-0006) to on-premises consumption of alcoholic beverages within the
Mayport business overlay district at 1221 Mayport Road provided:
1. Approval of this use-by-exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this use-by-exception is not in compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-175 (d) (3) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of
use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
Page 5 of 5
Page 43 of 45
Page 44 of 45
Agenda Item #4.C.
19 Jul 2022
Page 45 of 45