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07-19-22 CDB Adopted MinutesLII MINUTES Community Development Board (CDB) Meeting Tuesday, July 19, 2022 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Sylvia Simmons, Member Jeff Haynie, Member Ellen Golombek, Member Absent: Brenna Durden, City Attorney (CA) Valerie Jones, Recording Clerk Also Present: Amanda Askew, Planning and Community Development Director (PCDD) Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the June 21, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 1822 Seminole Road ZVAR22-0009 (Jonathan Frederick) Request for a variance to reduce the minimum rear yard setback to build a second story addition at 1822 Seminole Road. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked if the applicant was just going to build up from the 1 st floor and the footprint would remain the same. Planner Genest said that was correct. Ms. Lanier asked if the original screen porch was permitted. Planner Genest confirmed that it was and the City would also require a permit to enclose the structure. APPLICANT REPORT: The applicant wasn't present for questioning. Community Development Board (CDB) July 19, 2022 Page 1 of 5 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: The Board decided to table the decision in order to give the applicant a chance to represent themselves. MOTION: To DEFER ZVAR22-0009 until the next CDB Meeting on August 16th. Motion: Jennifer Lagner Second: Junes Moyer Linda Lanier For Jennifer Lagner (Moved By) For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons For Jeff Haynie For Ellen Golombek For Motion passed 7 to 0. B. 2239 Barefoot Trace ZVAR22-0010 (Jim Hanson) Request for a variance from Section 23-33 to reduce the mitigation owed for removal of three (3) trees. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Jim Hanson introduced himself as the owner of the property. He explained his reasons for wanting to have the mitigation waived stating that he will still have 31 trees remaining on his property even after the removal. Mr. Hanson said his property is like a forest and it isn't the same as some of the other properties in the city. He said his home and driveway were designed to accommodate the trees, adding that he has an oak tree in the middle of his house. Mr. Hanson explained that his only reason for removing the trees was because they have cracked and grown over the top of the driveway. He said the mitigation requirement was unreasonable considering how many trees are on the property. Mr. Moyer asked if Mr. Hanson had added any landscaping and Mr. Hanson said he had added ligustrums, viburnums and azaleas. Ms. Golombek asked about the size of the property and she agreed that he had a lot of trees. Mr. Haynie asked if he had looked into replacing the trees instead of mitigating. Mr. Hanson said he doesn't really have any area that isn't already covered with tree roots and he said he has very little grass. He was also concerned about underground utilities. Chair Hansen asked about one of the trees that Mr. Hanson thought might be a hazard. Mr. Hanson said it is definitely damaging Community Development Board (CDB) July 19, 2022 Page 2 of 5 his property. Ms. Lagner asked if anyone had ever backed into one of the trees. He said no but several people have hit the retaining wall. PUBLIC COMMENT: Mark Gabrynowicz of 1907 North Sherry Drive introduced himself. Mr. Flowers swore him in. He said the intent of the code was to protect the tree canopy. Mr. Gabrynowicz spoke against approval of the variance. BOARD DISCUSSION: Mr. Moyer said the tree looks like a safety issue and is in favor of the variance. Ms. Lanier agreed but couldn't find a reason in the four criteria options. Mr. Haynie said he had the same problem with the criteria. Ms. Simmons felt like criteria #4 may apply. She said that Mr. Hanson has bent over backwards to maintain the canopy. Ms. Simmons said the tree that is growing over the driveway did not look safe. She said it wasn't reasonable that the homeowner can barely back out of his driveway. Ms. Golombek felt like criteria #1 would apply. She didn't think the tree would survive the replacement of the driveway. Ms. Lagner said she drove by the house and the driveway is a mess and the tree is a safety issue. Ms. Simmons said she wondered if an arborist would deem the tree unlikely to survive. Ms. Lanier said and Director Askew confirmed that if an arborist deemed it a safety issue then there wouldn't be a need for a variance. Chair Hansen had a problem with approving the variance except for the tree that is growing over the driveway. The Board discussed how to structure the motion. MOTION. To APPROVE ZVAR22-0010 for waiving mitigation for Tree #1 (hickory) on ground #1 and to DENY waiving mitigation for Tree #8 and Tree #9. Motion: Sylvia Simmons Second. James Moyer Linda Lanier For Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons (Moved By) For Jeff Haynie For Ellen Golombek For Motion passed 7 to 0. C. 1221 Mayport Road UBEX22-0006 (Grey Matter Distillery) Request for a use -by -exception to allow on -premises consumption of alcoholic beverages within the Mayport business overlay district at 1221 Mayport Road. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Community Development Board (CDB) July 19, 2022 Page 3 of 5 APPLICANT REPORT: Paul Grey introduced himself as the founder of Grey Matter Distillery and explained the history and vision that he has. He said he wants to grow and expand the business. Mr. Grey said he is aware of the community petition and has made changes to the plan in order to help with issues addressed in the petition. He spoke about having a family atmosphere, green space, noise barriers and art. Mr. Grey showed the new plans and explained them to the Board. Ms. Lagner asked if there would be outdoor music. Mr. Grey he would like to have soft elevator style music. Ms. Simmons asked if they would be serving food and Mr. Grey said they would not. She asked about the deck and fence. He said the deck would be about 1 1/2 feet off the ground and the fence would be at the edge of the deck, not the property line. Ms. Lagner asked what the seating would be on the deck. Mr. Grey said approximately 15-20 seats. She asked why they weren't doing seating in front and he doesn't have any space in front. Mr. Haynie asked about lighting. Mr. Grey said the lighting would be dim and mostly during the day. Ms. Golombek asked if he would be open to restricting the hours on the patio. Mr. Grey said he would. Ms. Golombek spoke about adding conditions for seating and patio hours. Mr. Grey explained the concerns about the homeless that were in the area. Chair Hansen reminded the Board that the request is for consumption of alcohol. He explained that there were several letters in favor of the request and a petition that is against the request with 26 signatures. PUBLIC COMMENT: Mr. Flower did the swearing in of several people who wanted to make public comments. Theresa Fennel of 955 Sailfish Drive spoke about a diner in the area that had loud music. She was not in favor of the request. Sandra Jones of 860 Sailfish Drive said she was glad to see that Mr. Grey had addressed a lot of the concerns that she had and would be inclined to favor the request. Cheryl Shord of 931 Paradise Circle said that she had an event at Grey Matter and was in favor of the request. Larry Banks of 989 Sailfish Drive said his main concerns were the lighting, noise and privacy. He was not in favor of the request. Sarah Gandara of 534 Aquatic Drive said she works for Mr. Grey and she is a stickler on last call and will be sure to enforce it. She said that you can't currently hear the music when outside of the building and is in favor of the request. Steven Rebidas of 950 Sailfish was concerned about the potential noise issues. He would be in favor if the Board set some conditions. BOARD DISCUSSION: Mr. Moyer wondered if planting some foliage would help. Director Askew said there is a 15 foot easement and cannot be obstructed with plants. Ms. Lanier asked for details on the fence. Director Askew said the fence should be measured from the ground. She said that architectural features can be added and there is potential to plant there for a buffer and add some greenery. Ms. Lagner asked if a Community Development Board (CDB) July l9, 2022 Page 4 of 5 5. 6. 7. Attest: living wall could be attached above the deck. Director Askew said the code doesn't control the height of vegetation. Mr. Haynie thought that maybe the applicant should confirm his plan. Ms Lanier would like concrete decisions regarding the deck, fence, hours, sound, lighting and occupancy. Ms. Simmons was happy to see the community show up and the applicant's willingness to work with them. She would like to the above issues clearly addressed. Director Askew said that maybe the applicant could work with her and come back with something for the next meeting. Mr. Grey said he would. The Board had further discussion regarding the issues they listed. MOTION. To DEFER UBEX22-0006 until the next CDB Meeting on August 16th to give the applicant time to come up with revised plans addressing the deck, fence, hours, sound, lighting and occupancy. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons (Moved B}) For Jeff Haynie For Ellen Golombek For Motion passed 7 to 0. REPORTS There were no reports. PUBLIC COMMENT There were no public comments. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:47 p.m. a"a,d, &� Amanda Askew Irk Hansen, Chair Community Development Board (CDB) July 19, 2022 Page 5 of 5