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09-20-22 CDB Adpoted MinutesPresent: MINUTES Community Development Board (CDB) Meeting Tuesday, September 20, 2022 - 6:00 PM Commission Chamber Jennifer 1,agner, klenil)er Kirk I lansen, ("DB Chair James Rloyer, IMember Jeff I laynie, N.lenther knell iolombek, Nietither Absent,: Linda 1,anier. Nieml)er Sylvia Simmons, kleml)er Also Present: Brent -La Durden, City Attorney (('A ) Amanda Askew., Planniti..! and Community Development I)irector (P(.."f )) Valerie Jones, Recording Clerk Abrielle Genesi. Planner 1. CALL TO ORDER ANI) ROLL ('ALL 2. APPROVAL OF MINUTES A. .Approve minutes of the August 16, 2022 regular meeting of the Community Development Board. OLD BUSINESS 'Ihere was no old business. 4. NEW BUSINESS A. 1858 Beachside Court ZVAR22-0012 (Jeffrey Ritter) Request for a variance to reduce the minimum rear yard setback to build a motorized pergola at 1858 Beachside Court. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She explained that the applicant received a variance several months ago but is seekim.2, a different footprint, therefore, a new variance request is required. She also provided a PowerPoint presentation. APPLICANT REPORT: Suzanne Ritter explained that they were previously going to do an awning style of pergola and now she found this product that is motorized. She said it will allow them to shut the louvers when it rains and open them for light. ( 'OM Mu nity Del elopment Board ( ( 'DB) September 20, 21)22 Page 1 46 (iolornhek asked if there will he drainage from the pergola. NIs. titter said that it has a gutter system and french drains. N1r. 1 lovnie asked ‘vhat ground were used by the Hoard to approve that previous variance. 111131.1(COiVIIV1ENT: Cit.iir 1 Iansen opened the floor to 11011 ic comment.. There \\ ere no public comments. BOARD DISCUSSION: 1 here was no further discussion. 410710N: To APPROVE ZVAR22-0012 based on rounds Itif decision t ( 1 rregu la r shape orale property warranting special consideration). Motion: Jeff Huy nie Second: Jennifer Lugner Jennifer ',uglier (Seconded By) For Kirk Hansen For James Moyer For Jeff 'Haynie (Moved By) For Ellen Golonibek For Motion passed 5 to 0. 13. 94 West 13th Street !VA Z22-0014 (Peter Havens) Request for a variance to exceed the maximum shed height for an existing unpermitted shed. ti -FA FE REPORT: Director Askew presented the informal ion as explained in the staff report. She explained that a stop work order was issued for an unpermitted shed. The applicant submitted a second building permit that met code and was approved by stall. However the shed was not built matching the approved permit. She also provided a verPoint presentation. Mr. Haynie questioned how the permit application was approved. Director Askew explained that Staff goes 414 the information on the building permit application which in this case said that the shed wouldn't be over 12 feet in height. ,APPLICANT REPORT: Peter llavens explained that he purchased the shed on an on- line source. lle said the shed was already built and moved to his yard. Mr, !linens said he didn't realize he needed a permit until he was was issued the stop work order. 1 le said that he had a contractor move it 5 feet from the property line. put hurricane ties in and anchor it on lower blocks. Mr. 1 lavens said the contractor told him it was under the 12 feet height. Community Development Board (CDB) September 20, 2022 Page 2 of lr. MO\ Cr tS1.,t.'d r c011iraLlOr 111C116011Ld !2C1.6111.7? a permit. 1Vh'. llak ens said he did not. Ms, Logner asked ilthe shed was alreadv constructed. Mr.11avens explained it was moved burnt another property where the seller needed to have it removed. 11113LIC C(YMAIENT: Chair llansen opened the floor tk..) public comment. Ile said he did have a letter Iron) a resident lix'fin Mr. Haven's nei..41thorhood, there were no public C omments. BOARD DISCLISSION: Nir llavnie spoke in favor oldie variance. Ms. Golombek was concerned that they might he operating on the premise that it's better to ask for rorgiveness than permission. She said the permit was approved lor 12 feet and the shed is 13 feet 4 inches. (air 1 lansen said he didn't want to get in a habit or approving something that wouldn't have been approved in the list place just because it's already done. HON: To DENAZVAR22-001.1 due to not meeting any of the (') grounds lOr approval. Motion: Ellen Golonthelt Second: James Moyer Jennifer Lagner For Kirk Hansen For James Moyer (Seconded Bi) Jor Jeff Haynie For Ellen Golombek (Moved By) For Motion passed 510 C. 720 Bonita Road ZVAR22-00I5 (Paul West) Request for a variance to the platted Building Restriction Line (BRL) at 720 Bonita Road. STAFF REPORT: Planner Genesi presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Paul West was representing the homeowner as the builder. kle said that the architect had called the city and was told the setback was 20 feet. Mr. West gave the Board a copy of the elevation. 1 le said that the homeowner had 2 children and his family was outgrowing the home. Ms. Golombek asked what would the homeowner lose if the Variance wasn't approved. Mr. West said he would lose the porch and the mudroom. ('hair Hansen said that the Board has encountered similar requests. 1 le explained that 10-15 years ago the City Commission wanted to change the BRL from 25 feet to 20 feet but deemed it too difficult to do so. Chair 1 Iansen said he doesn't see any difference with this request than what has previously been approved. Ms. Ciolombek asked if this BRE_ could be permanently change electronically. N1s. I)urden said that it would have all the property owners (500+) signatures and any mortgage holders signatures. She explained that this was looked into community Development Board (CDID September 20, 2022 Page 3 of 6 couple \ears a t, ,Ind \\ Mild Iia e to contaCt nerS a their fenders, Davne Jel'I'ries introduced hinnell"as the homeowner. I le said he was born and raised in :Atlantic Nit. Jeffries explained how they were outgrow ing, the Monne. I le said he has signatures I`rum his neighhors in support (tithe approval oI`the request. 131 ,1(.' COMMENT: Chair l Jansen opened the floor to pup no public comments. 0111 llenl. 1 Ilel'4" \vel'e BOARD DIS("(JSSION: els. lonthek said she would really ILe to see the City address this and I ix it ti)r the I`uture. MOT/ON: 'lo APPROVE %\'AR22-0015 based 1)n grounds for decisit>n 1/4 (Onerous effect of regulations enacted alter platting or alter development or the property or alter construction (it` improvement upon the property). Motion: Jennifer Ltgner Sec•oncl: Ellen Golomhek Jennifer" Lugner (Moved By) Kirk Hurr8`c ll Jurnes d lOyer Jeff Haynie Ellen Golomhek (Seconded Bt') For For For For. For. Motion passed 5 to O. D. 60 Ocean Boulevard LJBF:X22-0007 (Srllumerirl 104) Request or a use -by -exception to allow on -premises cot beverages within the Central Business District (CBD) Ocean Boulevard. STAFF REPORT: Director Askew presented the ir)li.)rnlrltioi report. She also provided a PowerPoint presentation. APPLICANT REPORT: Graziano Shroggio said they are a Miami based group estahlishi Shroggio said the restaurant is being renlodelec soon. :ec a restaurant d updated. I ►sumption of alcoholic zoning district at 60 xplained in the staff' I his partners. Ile Atlantic Beach. Mr. le said they hope to open PUBLIC' ('ON -NT: ("hair Hansen opened the floor to public euml no public: comments. BOARD DISCUSSION: 'There "thel' discussion. "There were Community 1)e‘'elopmen1 Board (CUB) September 20, 2022 Pace 4 ot`() /1/(ITII)A1,.. Al'I'lt()NT: 2-0007 tillow oil -premises consumption of alcoholic beverages vithin the Central 13usiness District (t'lit)t zoning district. ilotion: James llayer felfIlaynie James Ithl'er (Moved 4) Jeff Haynie (Seconded 41') Jennifer 1.agner Kirk llatuven Ellen Golombeh Motion pays'ed 5 to O. E. htr For For For For 51 West 7th Street REZN22-0002 and COMP22-0001 (lan Tietjen) Requestfor a rezoning to change the zoning district FROM Residential, General, Two -Family (RG) TO Commercial, General (CG). Also, a request for a Future Land Use Map (FLUM) amendment to change the future land use designation FROM Residential Medium Density (RM) TO Commercial (CM). STAFF REPORT: Director Askew presented the information as explained in the stall report. She explained the property has heen used as commercial since the 1980s and they are seeking the FLUM and rezoning to make the use conforming. Director Askew also provided a PowerPoint presentation. APPLICANT REPORT: 'The applicant explained that they have been at the location since around 2003. I le said they do all of their \ vork off-site and the business is an ()nice, storage of materials and vehicles. The applicant said they don't plan to make any changes. PUBLIC CON1N1ENT: Chair I lansen opened the floor l puhlic comineiit. ihere were no public conmients. BOARD DISCUSSION: Ms. 1...agner spoke in favor of approval. Ms. (iolomhek asked :.thout applying a condition with the landscaping. Mr. Ilaynie said he looked at the Comprehensive Plan and understood that it stated a desire to avoid this type of use. ('hair I lansen said the property was a cut-out in the middle (11 mostly commercial uses and come residential. Director Askew explained that a change to another use would trigger a need to bring everything up to Code. She said the current business could operate as it is because the City sees it as non -conforming,. Ms. Durden told the Board that it is not possible to add conditions to a rezoning approval. She said the applicant can voluntarily' agree to conditions. MOTION: Recommend to the City Commto DENN' REZN22-0002 and COMP22- 0001. 'the motion is based on not meeting all of the required elements. Motion: Jeff Haynie Second: Ellett Golontbek ( 'onun U nit( elopment Board (CUB) September 20, 2022 Page 5 016 Jennifer l.ugner Against Kirk Hansen Against James ji!0I'er .teff I/ut'rrie(Moved By) For Ellen Golcnnhc'k (Seconded BI') For Motion passed 3 10 2. IRf{:I'OR'FS l here were 110 reports. 6. I'lllil.l(' ('Ot1ti1E NT 117crc nacre 110 public cununentS. 7. ADJOURNMENT There being no further discussion, Chair 1 Ianscn declared the meeting adjourned at 7:15 p.m. Attest: ( 'um munit% Do tlopment Board (('IUB) September 20, 2022 ge6o1.