2-21-23 CDB Adopted MinutesAWL MINUTES
Community Development Board (CDB) Meeting
Tuesday, February 21, 2023 - 6:00 PM
'Tr Commission Chamber
Present: Angela Farford, Member
Kirk Hansen, Member
Harold Gear, Member
Sylvia Simmons, Member
Ellen Golombek, Member
Jeff Haynie, Member
Absent: Amanda Askew, Planning & Community Development Director
Also Present: Valerie Jones, Recording Clerk
Abrielle Genest, Planner
Jason Gabriel, City Attorney (CA)
Brian Broedell, Principal 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 January 17, 2023 regular meeting of the Community
Development Board.
3. OLD BUSINESS
A. 360 3rd Street ZVAR23-0001 (Patrick Campbell)
Request for a variance from Section 24-151(b)(1)(1) to exceed the minimum 5 -pot
setback for a shed at 360 3rd Street.
STAFF REPORT: Planner Broedell presented the information as explained in the staff
report. He also provided a PowerPoint presentation.
Ms. Golombek asked if there was a new survey showing the shed. Planner Broedell said
there wasn't a new survey.
APPLICANT REPORT: Patrick and Eileen Campbell introduced themselves as the
property owners. Ms. Campbell spoke about their dream to have a pool in their backyard.
She spoke of some personal events that had happened in the last year. Ms. Campbell
said they didn't plan on replacing the shed but it sustained hurricane damage. She
explained that they hired a contractor who said he would handle permitting and they
trusted him to do so. Ms. Campbell said it would be a hardship if they have to move the
shed or tear it down.
Community Development Board (CDB)
February 21, 2023
4.
Ms. Simmons questioned the applicant's choice of onerous effect of regulations as
applicable to the request. Mr. Campbell said that they built the new shed right where the
old shed was. Ms. Golombek asked why they didn't just have the shed moved. Mr.
Campbell said it is very expensive and explained that there is a tree they like that would
have to be removed. There was further discussion about the contractor, whether he was
licensed. The applicants stated that the contractor told them that he was licensed.
Chair Hansen said that Staff received 2 letters not in support and 3 letters of support for
the shed.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: Ms. Farford asked if this shed is grandfathered in. Planner
Broedell said it is grandfathered in until you demolish it and rebuild it. Mr. Gear asked
for how long the 5 foot setback had been in place. Planner Broedell said he wasn't sure.
Ms. Simmons said it has been 5 foot for at least 14 years. Mr. Haynie said he didn't see
any grounds for approval.
MOTION: To DENY ZVAR23-0001 due to there being no grounds for approval.
Motion: Jeff Haynie
Second. Angela Farford
Angela Farford (Seconded Bl)
For
Kirk Hansen
For
Harold Gear
For
Sylvia Sinnnions
For
Ellen Golombek
For
Jeff Haynie (Moved Al)
For
Motion passed 6 to 0.
NEW BUSINESS
A. 1 Ahern Street ZVAR23-0006 (Life Guard Station )
Request for a variance to reduce the minimum side yard setback to zero feet on the
south side (adjacent to the hotel).
STAFF REPORT: Planner Broedell presented the information as explained in the staff
report. He also provided a PowerPoint presentation.
Chair Hansen referenced a land swap between the City and the hotel that was done in the
1990's that resulted in a portion of the Ahern Street right of way being sold to the hotel.
Chair Hansen asked what the advantage for the City was of doing the land swap. Planner
Broedell said the City acquired land for Beach Avenue adjacent to the hotel parking lot.
Community Development Board (CDB)
February 21, 2023
Mr. Haynie asked if the proposed zero lot line would only be the small cut-out. Planner
Broedell said that was correct. Ms. Simmons asked how close the life guard station wall
would be to the wall of the hotel's detached structure. Planner Broedell explained that
there is approximately 10 feet between the walls.
APPLICANT REPORT: Police Chief Vic Gualillo introduced himself as representing
this project. He explained that expanding the life guard station will allow for more public
safety and make it more functional. Chief Gualillo said by moving the walk way to the
north it would make it more accessible to pedestrians and it would be ADA accessible.
PUBLIC COMMENT: Gavin Cain of 1961 Pebble Point Drive in Green Cove Springs,
introduced himself as the landscape architect with the Sorensons who live to the north
of the life guard. He said that they are in support of this project.
BOARD DISCUSSION: Ms. Farford didn't understand what the building needed to
butt right up to the property line. Chief Gualillo explained that there were some vehicles
that have been stored outside and by adding the garage section they would be able to
store them on site. He said it would also allow them to store large objects such as rescue
boards, wet suits, flags, etc. Mr. Gear asked if One Ocean was on board with the plans.
Chief Gualillo said they are on board. Ms. Simmons asked if the original life guard
station was part of the structure. Chief Gualillo said that they would keeping a portion
of it and they were working on blending the new with the existing architecture.
Chair Hansen said that this project is a public safety issue and it would be beneficial to
have the vehicles and equipment on site.
MOTION: To APPROVE ZVAR23-0006. Mr. Haynie suggested they add the reason for
approval as irregular shape of the property warranting special consideration. Mr. Gear agreed
and added the ground.
Motion: Harold Gear
Second. Sylvia Simmons
Angela Farford
For
Kirk Hansen
For
Harold Gear (Moved By)
For
Sylvia Simmons (Seconded By)
For
Ellen Golombek
For
Jeff Haynie
For
Motion passed 6 to 0.
B. 1291 Beach Avenue ZVAR23-0003 (Chris Hionides)
Request for a variance to exceed the maximum retaining wall height at 1291 Beach
Avenue.
Community Development Board (CDB)
February 21, 2023
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation. Mr. Haynie asked how the grade
was determined. She said it was measured from the lower side of the retaining wall. Ms.
Golombek asked if the request was for the south and the north retaining wall. Planner
Genest said it was for both. Ms. Simmons asked if it was a life safety issue on both sides
of the wall. Planner Genest said the concern is mostly for the north walkway but that
there is a walkway on the south also. Ms. Simmons asked if the wall is limited to a
specific height would it be permissible for the applicant to add a handrail to the top of
the wall. Planner Genest said the Board could add a condition that stated that. Ms.
Golombek asked if the applicant wanted the whole wall to be 70 inches. Planner Genest
said it was her understanding that it was only the existing part but the Board should
confirm with the applicant.
APPLICANT REPORT: Richard Trendel of Petra Contracting explained that the
homeowner was trying to keep the retaining walls the same height as another wall by the
palm tree for aesthetics and plans on making them green live walls. He said they were
citing grounds #1 since the topography of the property is a challenge.
Ms. Simmons asked if the homeowner could use a handrail instead of the retaining wall.
Mr. Trendel said they could. Ms. Farford said that after looking at the pictures she can
understand how someone could come around the corner of the home and go over the
wall if it was lower. Mr. Trendel added that the right side of the driveway will have a
walkway as well. Mr. Haynie said that it looked like the stop work order was issued
after a series of plan review where the height of the walls kept changing. Mr. Trendel
said there was another contractor before him. Ms. Golombek asked about the walkway
to right of the driveway. He said it would be similar to the left side having larger steps
following the slope of the land. There was further discussion about which walkway
accessed which location.
Chris Hionides introduced himself as the homeowner and gave a little history about the
house and the steep driveway. He explained that he thought the wall was 48 inches
because he measures it from the outside of the wall and not the inside facing the
driveway. Mr. Hionides didn't think the handrail would look as good as the retaining
wall.
Ms. Farford asked Staff if the Code has a definition of a fence and does the retaining
wall meet the definition. Planner Broedell said a fence is meant to define an area and a
retaining wall is for holding ground that is higher on one side. There was further
discussion about how to measure the retaining wall. Planner Broedell said it is measured
from the lowest side of the wall which is the grade of the land. He said that since it is
built to retain the soil then one side will always be lower than the other.
PUBLIC COMMENT: Rita Duch of 1258 Beach Avenue spoke in favor of the
approval of the variance request.
BOARD DISCUSSION: Ms. Simmons asked if there is anything in the Code regarding
mixed topography. Planner Broedell said that is done when building a house on a lot
that have varying heights then you take the average to establish your grade. He said it
Community Development Board (CDB)
February 21, 2023
doesn't apply to retaining walls. Mr. Gear felt like the grade should be the slope of the
ground on the outside of the retaining walls. Mr. Hansen said he has retaining walls on
each side of his home and they are 15 feet tall but he added that they don't go 4 feet above
the ground that they are retaining. Mr. Haynie asked what ground for decision was the
Board leaning toward. The Board discussed it and decided on exceptional topographic
conditions of or near the property. Mr. Haynie said it does seem like a self-imposed
hardship. Mr. Hansen agreed. Ms. Farford said that Jacksonville has a carve out that
states if the applicant created the need then you have to deny it.
MOTION: To APPROVE ZVAR23-0003 based on exceptional topographic conditions of or
near the property. The motion died for lack of a second. Mr. Gear then changed the ground to
exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
Motion: Harold Gear
Second. Sylvia Simmons
Angela Farford
For
Kirk Hansen
For
Harold Gear (Moved By)
For
Sylvia Simmons (Seconded By)
For
Ellen Golombek
For
Jeff Haynie
Against
Motion passed S to 1.
C. 1809 Tierra Verde Drive ZVAR23-0004 (Marius Laurinaitis)
Request for a variance to reduce the minimum side yard setback to five (5) feet to
construct a sunroom on the south side of the property at 1809 Tierra Verde Drive.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation. Ms. Farford asked how tall the
structure was. Planner Genest said the applicant hasn't indicated but it would have to
meet the maximum height of 35 feet. Ms. Golombek asked if it was being built on top
of the wood deck. Planner Genest said the applicant would have to answer that.
APPLICANT REPORT: The applicant was not present.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: Ms. Simmons said that years ago the neighborhood decided
they wanted to keep the wider setback and she is concerned about changing that. Mr.
Haynie said he would have like to have heard from the applicant. Mr. Hansen agreed.
Ms. Simmons said the application mentions a displaced southern boundary after
Community Development Board (CDB)
February 21, 2023
blueprints for the house were done and approved which affected the side yard setback.
Planner Genest said she was no aware of a change.
MOTION: To DENY ZVAR23-0004 due to it not meeting any of the grounds for approval.
Motion: Jeff Haynie
Second: Harold Gear
Angela Farford
For
Kirk Hansen
For
Harold Gear (Seconded By)
For
Sylvia Simmons
For
Ellen Golombek
For
Jeff Haynie (Moved By)
For
Motion passed 6 to 0.
D. 37610th Street ZVAR23-0005 (Mike and Leslie Lucero)
Request for a variance to reduce the minimum 5 -foot setback for mechanical
equipment at 37610th Street.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
APPLICANT REPORT: Mike Lucero introduced himself as the property owner. He
said he purchased the lot in 2011 and the ac units were in the side yard. Mr. Lucero said
that the contractor found out during permitting that it didn't meet the setbacks. He
explained that on the drawings the ac units were in the side yard but found out from the
contractor that the ac units were going to be under the dining room windows.
Ms. Golombek asked if the unit could be moved to the left or right. Mr. Lucero said it
would still be under the window. Ms. Golombek asked whether the swale would need
to be relocated. Mr. Lucero wasn't aware of that.
BOARD DISCUSSION: Ms. Simmons asked Staff if the swale was an issue. Planner
Broedell said it wasn't an issue and if there was, the swale could be reworked. Mr.
Haynie didn't see any that the request met any ground for approval.
MOTION: To DENY ZVAR23-0005 due to it not meeting any of the grounds for approval.
Motion: Jeff Haynie
Second. Angela Farford
Angela Farford (Seconded By) For
Kirk Hansen For
Harold Gear For
Community Development Board (CDB)
February 21, 2023
6.
Sylvia Simmons For
Ellen Golombek For
Jeff Haynie (Moved By) For
Motion passed 6 to 0.
E. 675 Atlantic Boulevard UBEX23-0001 (Adrianna Beaver -Parker)
Request for a use -by -exception to allow a tattoo (microblading) studio lvrthill the
Commercial General zoning district at 675 Atlantic Boulevard Unit 6.
STAFF REPORT: Planner Broedell presented the information as explained in the staff
report. He also provided a PowerPoint presentation. There was discussion about where
the business is located and past approvals of similar requests.
APPLICANT REPORT: Adrianna Beaver (Parker) introduced herself as the applicant.
She explained a little bit about her business and what microblading is. Ms. Beaver said
her customers were mostly returning clients and she only sees one client at a time. She
said she works part-time during the day because she has kids.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were
no public comments.
BOARD DISCUSSION: Ms. Farford asked if this use would dominate the area. With
further discussion the Board didn't think it to be an issue.
MOTION. To APPROVE UBEX23-0001 on the grounds that it meets the grounds for
approval.
Motion: Jeff Haynie
Second. Ellen Golombek
Angela Farford
For
Kirk Hansen
For
Harold Gear
For
Sylvia Simmons
For
Ellen Golombek (Seconded By)
For
Jeff Haynie (Moved By)
For
Motion passed 6 to 0.
REPORTS
There were no reports.
PUBLIC COMMENT
There were no public comments.
Community Development Board (CDB)
February 21, 2023
7.
Attest:
ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 8:05 p.m.
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Kirk Hansen, Chair
Community Development Board (CDB)
February 21, 2023