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01-20-83 v MINUTES OF THE BOARD OF ADJUSTMENTS CITY OF ATLANTIC BEACH JANUARY 20, 1983 7:00 PM CITY HALL PRESENT: L. B. MacDonnell, Chairman C. T. Tinsley, Secretary George Bull, Jr. Dorothy Kerber Frank J. Tassone AND: A. William Moss, City Manager Mary L. Dombrowski, Recording Secretary AND: Mr. John Monahan Mr. Gerard Vermey Mr. Bill Noe Mr. Don Tappin Mr. Don Ford Mr. & Mrs. Thomas Crantz Mr. Dansersau Ms. Dorra M. Murr The meeting was called to order at 7:06 PM by Chairman MacDonnell, who called for a motion to approve the minutes of the last meeting, dated October 25, 1982. Mr. Bull motioned to approved the minutes, which Mr. Tassone seconded. The minutes were approved unanimously. OLD BUSINESS Mr. Bull mentioned that it was his impression that the board had decided to hold the meetings prior to the City Commission meetings on Monday night. Mr. Tinsley disagreed. A brief discussion ensued regarding possible conflicts should the meeting extend past 8:00 PM on Monday nights. It was the general consensus of the board that holding the meetings prior to the City Commission meetings was not a good idea and would be better scheduled for another night on an as needed basis. The chair questioned the board members regarding any other old business they may have to discuss. Mr. Bull questioned the status of the second story deck violation on Ocean Boulevard and Sixth Street. Mr. Tinsley remarked that this situation had been brought up before the board previously and questioned Mr. Moss as to the dis- position. Mr. Moss replied that this is a matter for the Code Enforcement Board, which was provided for by the City Commission two (2) years ago and to date, has not been formed. There is difficulty in getting people who are willing to serve on this board, Mr. Moss stated, and the City Commission is now compiling a list of possible board members. The chair then stated that there is no need to keep this matter on the agenda since it is out of their juristiction. Mr. Moss agreed. The chair asked Mr. Moss when he anticipated the board to be formed. Mr. Moss stated that he hoped the members would be appointed by February 14, 1983. The chair requested that Mr. Tinsley research the Board of Adjustment's authority regarding code enforcement in the interim. There being no further old business, the chair directed the board's attention to Mr. Monahan's Variance Request. Page 2 - Board of Adjustments January 20, 1983 Lots 765 & 766, Saltair Section 1. Variance request from conformance with Section III F (G) (5) , and Section III H 9 (g) to enlarge by two (2) additional floors the existing nonconforming building and waiver the number of parking spaces. The chair invited Mr. Monahan to comment on his petition. Mr. Monahan stated that to his knowledge, there were no parties in opposition to his plans. Mr. Noe, acting as Mr. Monahan's attorney, stated that the nonconformity was due to the existing structure built on almost zero lot lines, instead of the 20' Rear and 10' Side setbacks as now required by the Land Development Code. The additional parking spaces required, when the actual use of the building is taken into consideration for both two (2) additional floors, would only be a variance of two (2) parking spaces. Mr. Noe explained the intended use of the Second floor of the building as being an Art Gallery, open only after normal business hours when parking would be available. The Third floor use would be strictly for existing employees and Mr. Monahan's private office and jewelry design and repair use, requiring no additional parking spaces. Mr. Noe felt that the requirement of off-street parking spaces should be determined by the use of the building, rather than by the square footage of the building as required now by the code. Mr. Noe presented a statement from Mr. Monahan's customers (attached) to the effect that they had no objections to the expansion and believed the expansion to be a needed improvement to the community. Mr. Noe also presented for the board's review a letter from Mr. Joseph Adeeb, III, to the effect that he approved also of Mr. Monahan's proposed plans. Mr. Noe explained for the board's benefit that Mr. Adeeb is the owner of the new Bono's Restaurant going into the old Chicken Unlimited lot located at 615 Atlantic Boulevard. Mr. Noe also acquainted the board with a verbal agreement made with Ms. Betty Parker, owner of Brandy's Lounge in Neptune Beach directly across Atlantic Boulevard, to make available six (6) parkings spaces for Mr. Monahan's customer use. Mr. Noe stated that they planned to obtain a formal lease agreement shortly. The chair asked the board members if they had any questions or comments to make. Mr. Bull stated that while he liked the idea of shared usage of Brandy's parking lot, he felt that the board shouldn't rely on crossing city lines. Also, future owners might object and attempt to break the lease. Mr. Noe rebutted that any lease would be binding on future owners. Mr. Bull's next concern was that should the Art Gallery go out of business, the usage might change. Mr. Monahan stated that he felt he had a proven track record and should the gallery remain vacant, it would pose no problem to him. Also, an art gallery is primarily designed to provide a cultural center for the city. Mr. Monahan stated that the gallery would not be a money maker. Mr. Tassone asked Mr. Monahan if he had obtained input from the homeowners to the north of his property on Sturdivant Drive. Mr. Monahan replied that he had no input except from Mr. Rocky Russell, who owned the property behind him. Mr. Russell felt that it would improve the community and approved of the pro- posed plans. Mr. Monahan stated that the variance signs had been posted more than 15 days prior to this meeting. Also, there were two (2) signs posted on the property. One on the building itself and one on the front part of the Monahan sign. Mr. Noe, in responding to Mr. Bull's concern regarding the use of the 2nd floor, stated that should the 2nd floor be used for commercial use they would only be requesting a variance of two (2) parking spaces. The chair questioned the adequacy of the parking when the gallery was open. Mr. Monahan responded that he anticipated no more than 12 people in the evening which the parking lot could handle. He stated that he has never had any overflow except for the two (2) days before Christmas. His parking lot has always proved adequate to date. Page 3 , Board of Adjustments January 20, 1983 A lengthy discussion concerning parking ensued. The chair called for any comments from the audience. Mr. Dansersau approved of the expansion, stating that it would improve that section of Atlantic Beach. Mr. Tappin remarked that Mr. Monahan's plans would enhance the community. Mr. Vermey stated that Mr. Monahan's proposed plans were structurally feasible. The chair called for any comments in opposition to Mr. Monahan's request. There were no comments in opposition. The chair closed the public hearing and called for discussion from the board. Mr. Tinsley had concerns for potential traffic growth which he discerned from Mr. Monahan's letter. Also, Mr. Tinsley questioned fire escape access from the third floor. Mr. Monahan remarked that there would be a rope ladder from the third floor accessible to the second floor. Mr. Tinsley verified that the only possible escape would be from the southern exposure since the north, east and west would be completely enclosed. Mr. Monahan confirmed the southern exposure as the only emergency route. Mr. Monahan explained the need for seperate facilities for his jewelry repair and watch repair facilities. The dust, buffing & rough used in the jewelry repair contaminates the watches, making it difficult to guarantee any watch repair. Mr. Tinsley questioned Mr. Monahan as to the possible use of the Third floor as an apartment. Mr. Monahan reiterated his intentions for the Third floor, explaining it's use for administrative and maintenance. Mr. Tinsley remarked that while the proposed building would compli- ment that district, it would violate the rules of Atlantic Beach. The chair again closed the public hearing and requested the board members to discuss the request. Mr. Bull insisted that if the board did allow the variance it should be under certain conditions such as: 1) A copy of the lease for parking across the street be submitted. 2) That it be stipulated for the second floor as an Art Gallery and not for any other purpose. Especially not to expand the use of the ground floor to the second floor. 3) The City needs to take a close look at the ingress & egress, the type of building construction, which is not the Board's responsibility but a code problem. Mrs. Kerber was concerned about the parking and attendant traffic problems generated by the proposed expansion. She agreed with Mr. Bull that the second floor use be stipulated, however, the third floor use should also be stipulated as no other use allowed either. Mr. Tassone felt that signatures should be obtained from other than customers. The property owner's should be consulted and their signatures obtained also for the proposed building plans and parking situations. The chair stated that the need or use is not within the purview of the Board. The question is the land use and the present violation of a grandfathered-in non-conforming structure. Also, Mr. Monahan should show enough hardship to influence the Board to approve his request in light of this violation. The chair further remarked that any variance granted would be to Mr. Monahan only, and not to any future owners. A future owner could contribute to the problem. (That is with parking, square footage, setbacks, etc. ) The chair suggested to Mr. Monahan that he should go buy a bigger piece of land. Mr. Monahan said that he would have to leave Atlantic Beach then. The chair replie3 that to approve this would be setting a precedent in Atlantic Beach. Mr. Monahan questioned that precedent by stating that all the building on Atlantic Boulevard are built on zero lot lines. He was only requesting a varinace for two (2) parking spaces. Page 4 Board of Adjustments January 20, 1983 The chair replied that the code requires assignment of off-street parking spaces based on the total square footage of the strucutre. In this case, 19 off-street parking spaces are required. Mr. Noe stated that the top floor could only be used for office spaces. Mr. Bull replied that an Art Gallery was a different use and would require more parking. Mr. Noe said then no one can expand. The chair confirmed that by stating that the City of Atlantic Beach is in the same position as in Neptune Beach in that the city is limited for growth, particularly in the way of parking. Mr. Monahan asked if the Board would approve his request if he were to agree to all stipulations. Both Mr. Monahan and Mr. Noe stated that they would be willing to eliminate the second floor, if necessary. The chair remarked that the primary concern was the size (i.e. square footage) of the building and the off-street parking. Mr. Monahan requested that he be allowed to poll the board members prior to a vote since he didn't want to risk disapproval and have to wait a year to bring another proposal before the board. The chair responded that he would prefer to have a motion. Mr. Bull made the motion that the board grant the variance as requested under the following conditions: 1) Mr. Monahan present a ten (10) year lease agreement with the owner of Brandy's to provide six (6) off-street parking spaces; and 2) Provided Mr. Monahan meet all other building code requirements. The chair seconded the motion and called for the vote. Mr. Tassone stated that before he would agree with that motion, he would like to see the signatures of adjacent property owners agreeing to this varinace. Property owners within the block. Mrs. Kerber agreed with this suggestion and suggested that this be included in the motion. A discussion ensued as to the distance from Mr. Monahan's property to require property owner approval. The motion was amended to include; Property owners on the north side of Atlantic Boulevard in the same block and on the south side of Sturdivant Street in the same block within 100' of Mr. Monahan's property. The chair remarked that the board could now vote on it and approve the variance request with those stipulations. Mr. Noe questioned the board as to the percentage of the property owners required to gain final approval and would they have to come before the board again or would Mr. Moss make that judgement of compliance with the stipulations. The board determined that 80% of the property owners approval would be necessary and Mr. Moss could make the final judgement. Mr. Noe stated that he understood and reiterated 80% of the property owners would be required for final approval. Mr. Tinsley questioned approval of the variance request (2 floors) was exactly as requested. The chair confirmed exactly as requested. A vote was called for by the chair and was approved unanimously. There being no further business before the board, the meeting was adjourned. 8:00PM. C. T. Tinsley - Secretary