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11-21-23 CDB Adopted MinutesMINUTES -s Community Development Board (CDB) Meeting Tuesday, November 21, 2023 - 6:00 PM Commission Chamber Present: Jennifer Lagner, Member Kirk Hansen, Chair Harold Gear, Member Sylvia Simmons, Member Ellen Golombek, Member Jeff Haynie, Member Richard Arthur, Alternate Member Absent: Angela Farford, Member Also Present: Amanda Askew, Planning & Community Development Dir. (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner Robert Graham, Attorney Brian Broedell, Principal Planner 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES A. Approve minutes of the October 17, 2023 regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 808 Amberjack Lane ZVAR23-0032 (Tana Mankus) Request for a variance to the platted Building Restriction Line (BRL) at 808 Amberjack Lane. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. APPLICANT REPORT: The applicant wasn't present at the meeting. Community Development Board (CDB) November 21, 2023 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Chair Hansen mentioned that there was an email from a neighbor that wasn't in support of the request. BOARD DISCUSSION: Mr. Haynie was concerned about making a decision without the presence of the applicant and recommended the request be deferred. Chair Hansen thought the Board should take a look at the case. Mr. Arthur agreed since this is a repeating request due to the history of the BRL change being approved years ago. MOTION. To APPROVE ZVAR23-0032 based on grounds for decision #3 exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Motion: Harold Gear Second. Richard Arthur Ms. Golombek asked if this type of request has ever been granted to a corner side yard setback. Chair Hansen said he didn't recall. Ms. Simmons said this is a standard yard setback and is a setback used throughout the City. The Board discussed that it would be a 10 foot setback which is the setback for the RS -1 zoning district. Chair Hansen said he has a problem with it being a side yard setback. Mr. Haynie reminded the Board that if this is denied then the applicant has to wait a year before making another request. Mr. Arthur said that if the Board has an issue with the RS -1 setback then no one in the Royal Palms neighborhood should be granted approval in the future. Chair Hansen said that he would see it differently if it wasn't a corner lot. Jennifer Lagner For Kirk Hansen Against Harold Gear (Moved By) For Sylvia Simmons For Ellen Golombek Against Jeff Haynie Against Richard Arthur (Seconded By) For Motion passed 4 to 3. B. 111 Sylvan Drive ZVAR23-0033 (James Goldschmidt) Request for a variance to the side and rear yard setbacks to build a screened room at 111 Sylvan Drive. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Mr. Goldschmidt introduced himself as the owner of 111 Sylvan Drive. He said he was the middle of 3 townhouses and that his neighbors on each side supported him and they would also like to screen in their patios. Community Development Board (CDB) November 21, 2023 PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Haynie said he was looking at the grounds for approval leaning toward the one for substandard lots. He didn't think this would affect the neighbors since they wanted to do the same thing. Ms. Simmons said it might have an impact on the people that live behind the townhouses. Mr. Arthur asked for clarification on how far the request goes into the setbacks. Director Askew said the Code allows for the 4 foot encroachment which would allow for the applicant to get within 16 feet of the rear yard setback. She said the applicant is proposing to get within 13 feet 1 inch into the rear yard setback. MOTION. To APPROVE ZVAR23-0033 based on grounds for decision #6 substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Director Askew explained that this criteria is no applicable because it was not a substandard lot when developed. The grounds were later amended to #5 irregular shape of the property warranting special consideration. Motion: Harold Gear Second. Jennifer Lagner Ms. Golombek asked why the applicant couldn't make the screened patio 2 feet 11 inches shorter. Director Askew said they could but it would make the area a little over 4 feet and it wouldn't be very usable. She said the lots meet the zoning district and are not substandard lots. Mr. Gear amended his motion. Mr. Arthur questioned the air conditioning pad placement. Director Askew said that would be an existing condition. She said they are allowed to be in the rear yard. Jennifer Lagner (Seconded By) For Kirk Hansen Against Harold Gear (Moved By) For Sylvia Simmons For Ellen Golombek Against Jeff Haynie Against Richard Arthur Against Motion failed 3 to 4. C. 96 Ocean Boulevard ZVAR23-0034 (David and Laura Garwood) Request for a variance from Section 24-15 1 (b)(1)(e) to reduce the minimum 10 foot rear yard setback in order to allow a second story addition to an existing detached garage at 96 Ocean Boulevard. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Planner Genest said the provision for the 10 foot setback for detached garages over 15 feet height was added to the zoning Community Development Board (CDB) November 21, 2023 code in 2009 and the property was developed in 2013 with a one-story garage with a 5 foot setback. APPLICANT REPORT: David and Laura Garwood introduced themselves as the owners of 96 Ocean Boulevard. They explained that in order to meet the 10 foot setback for the second floor, it would require reinforcement on the first floor of the garage and then they wouldn't be able to park a car inside. Ms. Garwood said the garage is a 1 1/2 car garage and not a 2 car garage. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Pam McCrary of 226 1 st Street introduced herself as the neighbor located right next to the garage. She was in favor of the request and didn't have any issues with it. There being no further public comments Chair Hansen closed the floor. BOARD DISCUSSION: Mr. Haynie said he didn't see any grounds for approval of this request. Ms. Simmons agreed. Mr. Gear asked what the lot coverage was. Director Askew said it was 50% which was allowed in 2013. MOTION. To DENY ZVAR23-0034 due to the request not meeting any of the criteria for approval. Motioin Jeff Haynie Second: Ellen Golombek Jennifer Lagner For Kirk Hansen For Harold Gear Against Sylvia Simmons For Ellen Golombek (Seconded By) For Jeff Haynie (Moved By) For Richard Arthur Against Motion passed 5 to Z D. 882 East Coast Drive ZVAR23-0035 (Marcus Jeremy Cox) Request for a variance from Section 24-151 to allow an unpermitted cabana to be located close than five (5) feet from side and rear property lines. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: Marcus Cox introduced himself as the owner of 882 East Coast Drive. He said the cabana isn't a permanent structure and he expected for it to only last a few years and then something else would go up. Mr. Cox said he was able to screw it down to the deck but that would make it a permanent structure. Community Development Board (CDB) November 21, 2023 Ms. Simmons asked for clarification in regards to the structure being permanent. Director Askew explained to the Board that if they grant the variance it would still need to go through Building Department review which would require anchoring it into the ground along with seeing how the trellis is connected to make sure it meets the Florida Wind Code. Mr. Arthur asked about the additional pictures in the packet. Mr. Cox said those were pictures that he took in his neighborhood noting permanent structures that are within 5 feet of the property line. He asked several questions regarding the Wind Code and whether it applies to umbrellas, bounce houses, etc. Chair Hansen said the Board's only concern is the setbacks. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Simmons asked how far into the setbacks did the cabana sit. Director Askew said they would have to ask the applicant since no plans were ever submitted. Mr. Arthur asked how Staff found out about this structure. Director Askew said the applicant had applied for a permit to add an elevated deck and when Staff went out to inspect it they noticed the cabana. She said the cabana would have to be 5 feet off the property line and the structure would have to meet the Florida Building Codes. Mr. Arthur asked how Staff would differentiate between a permanent and a temporary structure. Director Askew said that Staff looks at it as something you could easily take down at night (i.e. an umbrella, a pop-up tent, etc.). MOTION: To DENY ZVAR23-0035 due to the request not meeting any of the criteria for approval. Motion: Ellen Golombek Second: Sylvia Simmons Jennifer Lagner For Kirk Hansen For Harold Gear For Sylvia Simmons (Seconded By) For Ellen Golombek (Moved By) For Jeff Haynie For Richard Arthur For Motion passed 7 to 0. E. 870 Seminole Road ZVAR23-0036 (Christopher Bukowski) Request for a variance from Section 24-253 to allow a circular driveway on a property with less than 100 feet of street frontage at 870 Seminole Road. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Community Development Board (CDB) November 21, 2023 APPLICANT REPORT: Christopher Bukowski introduced himself as the owner of 870 Seminole Road. He explained that his request was based on the amount of traffic at the 5 -way stop and the safety issues the existing driveway presents. Ms. Golombek asked if he had considered getting rid of the existing and doing a half -circle further away from the intersection. Mr. Bukowski said that since the carport and the entrance to the back yard are on that side he felt the need to keep the original driveway too. Mr. Haynie asked if the variance was granted would he still use the driveway that is close to the stop sign. Mr. Bukowski said maybe to enter his driveway but he would use the one that is farther away from the stop sign to exit. Ms. Simmons said she thought the existing driveway was a real danger. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Simmons could see the reasoning for keeping the existing driveway along with the new driveway due to the need to access the carport. Ms. Lagner agreed. Chair Hansen said this was a very unusual situation due to the 5 -way stop and safety reasons. Mr. Haynie asked if it would just create another problem with 2 driveways close together. Ms. Simmons felt that the existing driveway was too close to the stop sign of the 5 -way stop. Mr. Arthur said he understands that more driveways can be problematic but he wondered what the data was based on. Ms. Simmons added that at least there are no driveways across from this property causing a conflict. MOTION: To APPROVE ZVAR23-0036 based on grounds for decision #1 exceptional topographic conditions of or near the property. The grounds were amended to #3 exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Motion: Ellen Golombek Second. Harold Gear Jennifer Lagner For Kirk Hansen For Harold Gear (Seconded By) For Sylvia Simmons For Ellen Golombek (Moved By) For Jeff Haynie For Richard Arthur For Motion passed 7 to 0. F. 275 5th Street ZVAR23-0037 (Eileen Bildman) Request for a variance from Section 23-33 to reduce the mitigation owed for the removal of trees at 275 5th Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Gear asked what would have Community Development Board (CDB) November 21, 2023 happened if this was a vacant lot being built on then would there be mitigation. Planner Genest said the mitigation is based on the type or use of lot and it would have been significantly less. Mr. Haynie asked if the request was to pay no mitigation. Planner Genest said that was correct. Ms. Golombek asked if the applicant has the permits for the new house. Planner Genest said they had not received any building permits. Planner Genest gave an overview of the revised tree mitigation calculations and clarified that if the variance was approved the applicant would get the $49,350 back. She said if the variance is denied the applicant would get the $49,350 minus the $21,600 back. The revised tree mitigation calculations showed a payment of $21,600 due to the tree mitigation fund. Mr. Arthur asked if the proposed plans were revised 6 times. Planner Genest said that was correct. APPLICANT REPORT: Eileen Bildman introduced herself as the owner of 275 5th Street. She explained the history of how she came to live in Atlantic Beach and she lives very close to her daughter and grandchild. She explained the details of how many trees they are keeping and said she has worked with the City to keep as many of the trees as possible. Ms. Bildman said some of the trees were diseased but many of the healthy ones are being moved to other locations on the property at a cost of $15,000 to make room for the building of a new home. She said there will be 34 trees on the property when everything is finished. Ms. Bildman said there were 204 inches of tree canopy on the property and when they are finished there will be 214 inches of tree canopy with many of the new trees developing more canopy with time. She said her arborist told her she had maximized the amount of trees that could be planted on the property. Ms. Golombek asked if the tree planting was limited due to the proposed build being larger. Ms. Bildman said it is going to be a bigger and will have garages. Mr. Gear asked why the original arborist didn't know that there were dead trees and trees that could be salvaged. Ms. Bildman said she didn't hire an arborist until there was a situation with a rotting tree. Ms. Askew said that mitigation isn't required for trees that are clearly dead but many times if the tree is questionable it requires an arborist to take a look at the trees. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Anastasia Houston from the Environmental Stewardship Committee (ESC) introduced herself as representing the committee. She explained the purpose of the Tree Code and the history behind it. Ms. Houston said the ESC feels like the intent of the Tree Code is being applied properly and they recommend denial of this request. Mr. Gear asked if she thought the arborist report was inaccurate. Ms. Houston said she wasn't qualified to make that determination. Mr. Gear asked when the arborist entered into the picture. Planner Genest said the arborist letter was submitted before the trees were removed. She said the arborist letter does meet the State Statute regarding the exemptions for tree removal. Ms. Simmons asked if the palm trees that are being replanted have to live for a certain period of time. Director Askew said the trees that are new and the trees that are being replanted have to survive for 3 years per the code. Ms. Bildman asked if she could make a few comments. She clarified that when she bought her house that she is living in now, she did not continue to use the existing contractor so she wasn't aware of previous mitigation. Ms. Bildman said there will be 19 sabal palms, 6 sylvester palms, 2 canary palms, along with 8 hardwoods. She said Community Development Board (CDB) November 21, 2023 she only brought on an arborist when she had and issue with the dying tree that held the swing and at that time the arborist showed her that some of the other trees were dying. BOARD DISCUSSION: Mr. Arthur disclosed that he had spoken to Bruce Andrews from the ESC about the tree calculation table and to see if all trees are created equal in the intent of the language of the tree code (i.e. palms, oaks, etc.). Ms. Simmons said that she didn't see any grounds for approval fitting this situation. She was concerned that the request had been changed so many times which brought the mitigation down and yet the applicant was asking to no mitigate at all. Chair Hansen said that the ESC did a lot of work on the tree code and it was approved by the City Commission. He didn't think that this Board should override those efforts. MOTION: To DENY ZVAR23-0037 due to the request not meeting any of the criteria for approval. Motion: Jeff Haynie Second. Ellen Golombek Jennifer Lagner For Kirk Hansen For Harold Gear For Sylvia Simmons For Ellen Golombek (Seconded By) For Jeff Haynie (Moved By) For Richard Arthur For Motion passed 7 to 0. 5. REPORTS 6. 7. Attest: Director Askew told the Board there were no applicants for a December meeting. Therefore, there would be no meeting. PUBLIC COMMENT There were no public comments. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:43 p.m. Kirk Hansen, Chair Community Development Board (CDB) November 21, 2023