Loading...
06-21-22 CDB Adopted MinutesMINUTES °S s Community Development Board (CDB) Meeting N �Tuesday, June 21, 2022 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Jennifer Lagner, Member James Moyer, Member Jeff Haynie, Member Ellen Golombek, Member Absent: Kirk Hansen, CDB Chair Sylvia Simmons, Member 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. 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 sideyard 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. 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 Community Development Board (CDB) June 21, 2022 Page 1 of 6 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 S 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. 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 Community Development Board (CDB) June 21, 2022 Page 2 of 6 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. APPLICANT REPORT: Thomas Horn introduced himself as the applicant and the owner ofPubs'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 Community Development Board (CDB) June 21, 2022 Page 3 of 6 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. 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. Community Development Board (CDB) June 21, 2022 Page 4 of 6 5. 6. 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. REPORTS There were no reports. PUBLIC COMMENT There were no public comments. Community Development Board (CDB) June 21, 2022 Page 5 of 6 7. Attest: ADJOURNMENT There being no further discussion, Ms. Lanier declared the meeting adjourned at 7:49 p.m. to F, � � � � � � � � � � . skew Kirk Hansen, Chair Community Development Board (CDB) June 21, 2022 Page 6 of 6