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08-16-22 CDB Adopted MiuntesrS�:u'fri�, MINUTES Community Development Board (CDB) Meeting -~ Tuesday, August 16, 2022 - 6:00 PM Commission Chamber Present: Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Sylvia Simmons, Member Absent: Linda Lanier, Member Jeff Haynie, Member Ellen Golombek, 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 Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the July 19, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS A. 1822 Seminole Road ZVAR22-0009 (Johnathan 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. APPLICANT REPORT: Johnathan Frederick introduced himself. He explained that his family is growing and they need to expand their home. Mr. Frederick said he was taking the path of least resistance by using the existing footprint of the home and adding a second floor. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lagner asked for clarity on the setbacks at the time of development. Planner Genest said that the setback was 20 feet at the time and over time Community Development Board (CDB) August 16, 2022 Page 1 of 4 the setbacks changed to the current setback of 30 feet. Mr. Moyer asked about the screened in porch. Mr. Frederick said that it was more than a screened in porch and was actual his whole living room. Ms. Simmons asked when it went from being a screened in porch to a part of the house. Mr. Frederick said the seller told him it was 2015. Mr. Moyer asks what the permitting history was for the porch. Planner Genest said the screen enclosure was built in 2007 and converted into enclosed air conditioned space in 2010. MOTION. To APPROVE ZVAR22-0009 allowing the applicant to build a second story above the current enclosed air conditioned space due to grounds for decision condition #4. Motion: Jennifer Lagner Second: James Mo er Jennifer Lagner (Moved By) For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons For Motion passed 4 to 0. B. 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 Roam STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Director Askew reminded the Board about the 5 concerns that some of the residents had expressed in the previous meeting. She went over the changes that the applicant was going to make and showed them the provided revisions. APPLICANT REPORT: Paul Grey introduced himself as the applicant. He said that the fence was being moved and trees would be planted to buffer the sound. Mr. Grey explained that the artificial foliage in the ceiling of the pergola were to dim the lighting and soften the sound. He said there would be 2 small speakers but no live music. Mr. Moyer asked where the speakers would be placed. Mr. Grey said they would be on the wall of the building putting them farther away from the property line. PUBLIC COMMENT: Chair Hansen opened the floor to public comment due to a resident that decided to speak. Ms. Durden swore the resident in. Kayleigh McCool introduced herself as living behind the business. She said her concerns had been addressed with the presentation. BOARD DISCUSSION: Ms. Simmons asked if any of the residents that attended the previous meeting had contacted staff. Director Askew said no one had reached out to her. Mr. Moyer asked if the applicant had shown the new plans to any of the neighbors. Mr. Grey said he had not. Ms. Lagner spoke in favor of the use -by -exception. Chair Communit-s° Development Board (CDB) August 16, 2022 Page 2 of 4 Hansen said that he liked what the applicant had done to make changes and work with the residents. Mr. Moyer agreed. Ms. Simmons was also in favor. MOTION: To APPROVE UBEX22-0006 along with all the items enumerated and explained and to be limited to the site plan presented at the hearing, including the trellis, with landscaping and lighting shown on the plan, limiting the hours to 9 p.m. on Sunday through Thursday and 10 p.m. on Friday and Saturday and no live music. Motion: Sylvia Simmons Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Kirk Hansen For James Moyer For Sylvia Simmons (Moved By) For Motion passed 4 to 0. 4. NEW BUSINESS A. 364 4th Street ZVAR22-0011 (Laura Chmil) Request for a variance to reduce the required distance between structures for an existing shed at 364 4th Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. The shed was permitted correctly, however, it was not installed as permitted. She also provided a PowerPoint presentation. Ms. Simmons asked how this was permitted and yet ended up being non -conforming. Director Askew explained that because the shed didn't have a concrete foundation then there wasn't a foundation inspection and only an inspection after it was installed. She said it was built off -sight and placed in its position. Director Askew said it was inspected after that and it was realized that it was too close to the garage. APPLICANT REPORT: Laura Fox introduced herself and her daughter Laura Chmil who resides in the other half of the duplex. Ms. Chmil explained that there is a large oak that prevents the shed from being moved. Ms. Fox said there is also a pond with living creatures. Ms. Chmil said that Wayfair told her they didn't need a permit. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: The Board discussed which grounds for decision could be used for approval of the variance. Ms. Simmons said possibly condition 2 or 4 but not condition 5. She mentioned the fines imposed for removing trees and could see how this could lead to exceptional circumstances. Mr. Moyer didn't have any questions. Ms. Lagner said due to unfortunate circumstances the Board should be reasonable. Chair Hansen said that if something is permitted and then built differently than what the permit Community Development Board (CDB) August 16, 2022 Page 3 of 4 granted that is concerning. He gave an example of a past incident where a resident had to remove something that was built in the right-of-way at great cost. Chair Hansen struggled to find a condition for approval. MOTION: To APPROVE ZVAR22-0011 due to grounds for decision condition #1. Motion: Sylvia Simmons Second: James Moyer Jennifer Lagner For Kirk Hansen Against James Moyer (Seconded By) For Sylvia Simmons (Moved By) For Motion passed 3 to 1. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:40 p.m. Attest: It Amanda Askew Ifark Hansen, Chair Community Development Board (CDB) August 16, 2022 Page 4 of 4