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10-17-23 CDB Adopted minutesMINUTES Community Development Board (CDB) Meeting .%_ Tuesday, October 17, 2023 - 6:00 PM Commission Chamber Present: Jennifer Lagner, Member Angela Farford, Member Kirk Hansen, Chair Harold Gear, Member Sylvia Simmons, Member Ellen Golombek, Member Richard Arthur, Alternate Member Absent: Jeff Haynie, Member Also Present: Amanda Askew, Planning & Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner Robert Graham, Attorney 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 September 19, 2023 regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS A. 2093 Beach Avenue ZVAR23-0025 (Michael and Dorothy Turner) - Deferred from September 19th meeting Request for a variance to reduce the minimum 5 -foot setback for mechanical equipment at 2093 Beach Avenue. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked if the neighboring vacant lot was buildable. Planner Genest said it was. Mr. Arthur asked if the previous approval of the equipment encroachment was a variance request. Planner Genest said the approval came through permitting. APPLICANT REPORT: Michael Turner introduced himself as the property owner and asked that his contractor speak for him. Ted Alesch introduced himself as the contractor. He explained that the new equipment was in close location to its previous location. Mr. Alesch said that there was nowhere else to put the equipment. He said that the slight Community Development Board (CDB) October 17,2023 Page 1 of 6 4. changes to the location were made so that the equipment could be serviced. Ms. Golombek asked about the moving of the air conditioning units and why they couldn't be closer to the home. Mr. Alesch said that was due to having to meet several requirements of the new codes. Mr. Gear asked where the pool heater was previously located. Mr. Alesch said it was between the air conditioner and the back of the house. He said that it is kind of in the same location. Ms. Simmons asked if the palm tree was going to be removed. Mr. Alesch said it will not be removed. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Arthur said he was in favor of approval due to the limited space available for the equipment. MOTION. To APPROVE ZVAR23-0025 based on grounds for decision #4 onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Harold Gear Second. Jennifer Lagner Jennifer Lagner (Seconded By) For Angela Farford For Kirk Hansen For Harold Gear (Moved By) For Sylvia Simmons For Ellen Golomhek For Richard Arth ur For Motion passed 7 to 0. NEW BUSINESS A. 1864 Beachside Court ZVAR23-0029 (Seth Dalton) Request for a variance from Section 24-68(b)(1) to waive the requirement to provide stormwater retention for all impervious surface on development projects which result in improvements that exceed fifty (50) percent of the market value of all improvements at 1864 Beachside Court. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lagner asked what the impervious percentage was for this property. Director Askew said that she that it was approximately 45%. Mr. Arthur asked what the new value of work was. Director Askew said she was sure of the exact value amount but the expanded scope of the project would make for a significant monetary increase. Community Development Board (CDB) October 17, 2023 Page 2 of 6 APPLICANT REPORT: Ted Alesch introduced himself as the contractor for the homeowner. He explained that the footprint of the home was not going to change and the existing impervious coverage was going to be reduced from over 60% to 45%. Mr. Alesch said he is working with Public Works for the impervious area. He said there were 2 storm drains bordering this property that drain to a retention pond. Ms. Farford asked if it was only interior changes. Mr. Alesch said it was mostly interior but there would be a slight change to the front entrance and a new solar roof. Ms. Golombek asked how the impervious surface would be reduced. He said there were pavers that would be removed. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Arthur asked which value from the property appraiser's information was used for the assessment. Director Askew said it doesn't include the land value. She said the City uses the building value or any other extra features like a shed or pool. MOTION: To APPROVE ZVAR23-0029 based on grounds for decision #4 onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Motion: Jennifer Lagner Second. Angela Farford Jennifer Lagner (Moved By) For Angela Farford (Seconded By) For Kirk Hansen For Harold Gear For Sylvia Simmons For Ellen Golombek For Richard Arthur For Motion passed 7 to 0. B. 0 12th Street ZVAR23-0030 (Ian Brown) Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious surface area to construct a new single-family home at 0 12th Street. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Farford said she had ex parte communication with the applicant regarding his reasons for the variance request. APPLICANT REPORT: Ian Brown introduced himself as the applicant. He provided a PowerPoint presentation laying out information which included the curve of the lot and the fact that it was a corner lot with significant green space that would never be built on. Community Development Board (CDB) October 17, 2023 Page 3 of 6 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Chair Hansen said there are 2 letters of opposition that will be added to the record. Laurin Brown introduced herself as the applicant's wife. She spoke in favor of the request and confirmed that the green space will always be there and they will maintain. Chuck Shad of 1251 East Coast Drive introduced himself. He welcomes new neighbors but has concerns about the drainage since the community currently experiences ongoing issues with drainage when it rains. Bob Cole of 248 13th Street introduced himself. He said his only concern was also in regards to the drainage. Alex McRee of 1271 East Coast Drive introduced himself. He said that even a mild rain causes drainage issues and that was his main concern. His wife said she is hoping that the City will address the drainage issue. Zack Flinn of 1673 Linkside Court introduced himself. He said that he was a drainage specialist and the drains could be ran right to the curb and there can be better drainage than what's existing. Greg Delks of 861 Ocean Boulevard introduced himself. He said he was a friend of the Brown's and was in favor of the request. Mary Soha of 1096 East Coast Drive introduced herself. She said that the City made changes to her neighborhood and the drainage was improved tremendously. Ms. Soha was in favor of the request. BOARD DISCUSSION: Ms. Farford asked if the applicant would be required to have stormwater retention. Director Askew said they would. Mr. Arthur asked if the impervious calculation would be based on the additional lot square footage. Director Askew said that is what the applicant is asking for. She said the calculations would be based on the existing size of the lot unless the Board implemented a condition. Ms. Golombek asked if the variance request was granted would the applicant be required to have stormwater retention. Director Askew said they would and it would currently be based on the existing square footage of the lot. Chair Hansen said that he wasn't in favor of the request but after reviewing all of the information he said he would be in favor of approval. MOTION: To APPROVE ZVAR23-0030 based on grounds for decision #1 through #6 with the condition that the stormwater retention calculations be based on the lot size being 6,000 square feet. Motion: Harold Gear Second: Angela Farford Community Development Board (CDB) October 17, 2023 Page 4 of 6 Jennifer Lagner For Angela Farford (Seconded By) For Kirk Hansen For Harold Gear (Moved By) For Sylvia Simmons For Ellen Golombek Against Richard Arthur For Motion passed 6 to 1. C. 1878 Seminole Road ZVAR23-0031 (Catherine and Dustin Middleton) Request for a variance to reduce the minimum rear yard setback to build an addition at 1878 Seminole Road. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lagner asked if the shed was still on the property. Planner Genest said it was. Mr. Gear asked if the front yard always had a 15 foot setback. Planner Genest said it did. Mr. Arthur asked some questions regarding the setbacks of the addition. Planner Genest explained that the setbacks are based on the vertical wall of the addition and does not include the roof overhang. APPLICANT REPORT: Cate Middleton introduced herself as the applicant. She gave a little history about the purchase of the home and their desire to have an outdoor living space for her family to enjoy. Ms. Middleton said her contractor will explain why they can't build the addition off the back of the home. Peter Coalson introduced himself as a resident of Atlantic Beach and the contractor for the applicant. He explained that the 15 foot setback is unusual compared to past projects he has done. Mr. Coalson said the intrusion of the planned structure would be minimal. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Gear asked about the history of the PUD changes and the fact that the homeowners on Seminole Road requested it be left at 15 feet. Planner Genest said that was correct. Ms. Simmons remembered that the residents did request the side yard setbacks remain at 15 feet. Mr. Arthur asked what brought about the changes to the PUD. Planner Genest said that there were so many non -conforming lots that they decided to make the changes and this would bring those lots into compliance. She said the other areas made changes but this area on Seminole Road wished to leave the setbacks as is. There was discussion of several other similar requests that were made in the past. Ms. Golombek asked Mr. Coalson why this addition couldn't be made in the back of the home instead of the side. Mr. Coalson said that it was due to where the family room was located and a large tree that the applicant didn't want to remove. Ms. Lagner asked where the air conditioner was going to go and Mr. Coalson showed her on the drawings. Community Development Board (CDR) October 17, 2023 Page 5 of 6 MOTION. To DENY ZVAR23-0031 due to the request not meeting any of the criteria for approval. Motion: Angela Farford Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Angela Farford (Moved By) For Kirk Hansen For Harold Gear Against Sylvia Simmons For Ellen Golombek For Richard Arthur Against Motion passed S to 2. 5. REPORTS Director Askew said that there will be a Parks Master Plan Meeting on Tuesday, October 24th at 1:00 p.m. and 6:00 p.m. in the Chambers. She said it is the same meeting for both times. Ms. Lagner asked about the Comp Plan Meeting. Director Askew said they were waiting on a date and time from the City Manager. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:30 p.m. Attest: lor FF F P64 %001 Amanda Askew 01, Hansen, Chair Community Development Board (CDB) October 17, 2023 Page 6 of 6