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