01-29-87MINUTES OF THE BOARD OF ADJUSTMENT
CITY OF ATLANTIC BEACff, FLORIDA
January 29, 1987
CITY HALL
Present: L. B. MacDonell, Chairman
Samuel T. !lowie
John Basc
Dorothy Kerber (7:20)
And: Rene' Anger e, Recording Secretary
And: Theo Mitchelson
Wiiliam and Tom Morton
William Chapin
Laurence Murr and David Andrews
MICROFILMED
The meeting was called to order at 7:12 p. m. Chairman MacDonell
asked far comments or corrections on the minutes of November 6,
1986. There being none, Mr, ffowie motioned that they be approved
as presented. Mr. Bass seconded the motion which carried
unanimously.
. . . . . . . . . .
~ NEW BUSINESS
A. Request for Variance to Encroach Drainage Easement; Lot 28,
Oceanwalk Unit IV, by Theo Mitchelson
Theo Mitchelson, 185 Pine Street, Atlantic Beach, stated that he
had been given mioinformation from the Oeeanwalk Developers in
regards to the drainage easement on the east side of hie
property and to the size of the lot. }le designed hie home
according to the dimensions of the lot given by the developer.
When a survey was made, the lot way actually smaller than was
represented, which resulted in the house encroaching the
easement. The survey alto indicated that the drainage pipe had
been mislaid; rather than running down the property line, it was
off center and was actually on the adfacent lot at the paint of
encroachment.
The Board felt Mr. Mitchelson was suffering a hardship in the way
the property woo represented tc him and in the way ttie pipe was
actually laid. They were concerned that the City could be held
responsible if the pipe were to burst and the house washed out.
There being no one to speak for or against the request, Mr. Howie
motioned to approve the request to encroach the easement provided
that a hold harmless agreement be executed or any other
requirement the city attorney deems appropriate. Mrs. Kerber
seconded the motion which carried unanimously.
r
B. Request for Variance of Parking Requirements in Expansion of
Ragtime Tavern, 207 Atlantic Boulevard; by William and Tom
Morton
William Morton stated that they wished to expand their present
restaurant 6y 50 seats, bringing them up to a total of 150 teats
which would make them eligible for a liquor license. He
presented the Doard with a corrected cite plan indicating the
existing parking provided: 39 spaces in rear parking lot; 17
epaces in front of the center; 3 epaces an the side; 25 spaces in
the lat across Atlantic boulevard; 13 public parking spaces
across Atlantic Boulevard, available after 5:00 pm; 27 public
spaces across Ocean Boulevard, available after 5:00 pm. He
stated that they had plans for a rear entrance and to light and
landscape the rear parking lot. )le added that the expanded area
would be a lounge/waiting area open after 5:00 pm. which would
have little effect on the surrounding merchants. He felt they
were suffering a hardship in that the building was very old and
built when offstrect parking was not a consideration.
There was discussion from the owners of the property concerning
possibly acquiring additional land for parking. They stated that
they were in negotiations with the Ashby'e, owners of the lot
across Atlantic Doulevard.
Several affected merchants were present and spoke highly of
Ragtime's operation but expressed concern over the parking
/'~ situation. They include: Dan Martin-IIounty, Elizabeth Darby-
f Cottage by the Sea, Jay Lubeck, Vanesoa Allen-Zanadu.
Tom McCreary stated that Ragtime was the best thing that ever
happened to the area. Kirt Farber-Body Arts, stated that he has
been at his location S nights a week since 1983 and had never had
a parking problem. Shelby Hicks-Crab Apple Trce, stated that they
had grown rather than suffered because of Ragtime. Mort Hanson-
Biomax, felt the problem with the parking was due to the close
proximity to the beach and not because of Ragtime. He suggested
the city should enforce the current parking restrictions. The
audience was in agreement that the beach goers were the main
cause of the parY.ing problems in the area.
The Chairman suggested that the Morton's table their request and
discuss the matter between themselves (the merchants) and with
the city officials. Mr. Morton asked the Board to defer the
request. Mr. Nowie motioned to defer the request for not more
than sixty days. Mr. Bass seconded the motion which carried
unanimously.
. .
C. Request for Side Setback Variance; Part of Lot 1, Division 3,
^ Andrew Dewees Grant; by Madie Rider
r William Chapin, architect and co-developer of the project stated
that the property is located in the area that was recently
annexed from Jacksonville to Atlantic Beach and that the
_, '
engineering and construction plans were drawn according to the
^ Jacksonville zoning regulations which permit 10' aide yards in
f multi-family development, rather than 15' as required by Atlantic
Beach. Fie stated that they had attempted to obtain building
permits through Jacksonville prior to annexation but had not been
able to do so because of their backlog of applications. He
stated that they plan to construct ten units although zoning
would permit seventeen. He added that each unit would have a two
car garage.
Tom McCreary and Keith Kelly objected to the variance and
expressed concern that all trees would be removed from the lot.
They added that there were single family dwellings on each Bide
of the property. Mr. Kelly suggested that in granting the
variance, the developers be required to set aside an equivalent
amount of land for interior landscaping.
After further discussion Mr. Flowie motioned to approve the
requost for variance, but limit it to the construction plans
as submitted. Mr. Bass seconded the motion which carried
unanimously.
f M
D. Request for Variance of Side Setback; Lat 18, Unit I,
Oceanwalk; by Lawrence A. Murr and David V. Andrews
Mr. Andrews, property owner, stated that Mr. Murr had been issued
a building permit by the City of Jacksonville, although the lot
was actually located within tha Atlantic Desch city limits. He
stated that the approved plans included a fireplace on the west
side of the house 5. 6' from tt~c property line. Atlantic Desch and
Jacksonville zoning requires 7. 5' side yards. He added that the
plans had also been approved by the Developers. The slab had
already been poured when the error way found.
No one else spoke for or against the request.
Mrs. Kerber motioned that, in view of the building permit being
issued in error by Jacksonville and the letter of approval from
the developers, the variance be approved to allow the 2'x 5'
fireplace to remain in the setback. Mr. IIass seconded the motion
which carried unanimously.
. s . . . . . .
There being no further business before the Doard, the meeting was
ad,joured at 9:08 p, m.
~~s;G
Louis B. MacDonell, Chairman