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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