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11-22-83 v V • MINUTES OF THE BOARD OF ADJUSTMENT CITY OF ATLANTIC BEACH NOVEMBER 22 , 1983 7 : 00 PM CITY HALL Present : L. B . MacDonell , Chairman C. T. Tinsley , Secretary Mrs . Dorothy Kerber Frank Tassone George Bull , Jr . Present : A. William Moss , City Manager Rene ' Angers , Recording Secretary And: Carol McClelland Dr . Bruno Masters Charles Leonard The meeting was called to order at 7 : 05 p .m. by Chairman MacDonell . There was a roll call which noted that all Board members were present except Dorothy Kerber who came in at 7 : 13 . Chairman MacDonell then called for a motion for the approval of the minutes of the previous meeting of August 29 , 1983 . George Bull motioned to approve the minutes . Frank Tassone seconded the motion which passed unanimously . uLD BUSINESS Mr. Bull asked what the status of Mr . John Monahan' s property was , and whether the time limit stipulated in the motion for the approval of his variance request had run out . Mr. Moss stated that the City had not heard from Mr . Monahan and that he could not recall the length of time stipulated in the motion. Mr. Bull requested that Mr . Moss issue a letter to Mr . Monahan if the time limit had expired stating that his request for variance has been denied. Mr. Bull then asked Mr. Moss if the deck on Ahern Street had been torn down voluntarily. Mr. Moss replied that they tore it down only after reading in a news- paper about the State ' s Attorney taking action. Mr . Bull asked about the deck at 122 Sixth Street . Mr . Moss stated that the status was unchanged since the owner had attempted to do some more work on it and the city had stopped him once again. Mr. Moss stated that he had asked the City Commission several '.imes for a Board of Enforcement to no avail . He added that he didn' t hink the owner would comply voluntarily unless he was taken to court or to a Board of Enforcement . 4 Page 2 and of Adjustment vember 22 , 1983 There being no further old business , Chairman MacDonell directed the Board' s attention to the new business at hand, first being the request for variance of Carol McClelland. NEW BUSINESS Carol McClelland introduced herself and Dr . Bruno Masters of North Beaches Family Practice and Acute Care Center. She stated that Dr. Masters was a subtenant for Mr . Bill Tinney , and that they had his approval for the request . Ms . McClelland stated that Dr . Masters ' thriving practice necessitates an expansion and that the only way to expand the existing building is to go onto the Candler property . She added that Mr. Candler has consented to build Dr . Masters a building of the same dimensions of the existing building on what is now part of the parking lot for Atlantic Village Shopping Center. She stated that they propose to build a 10 ' corridor to connect the two buildings and that without the variance on the setback , the corridor would be 30 ' long and would not be as feasible , and would be very inconvenient . Mr. Tassone asked about the lease on the existing office and the proposed office . arol McClelland replied that the lease would run concurrent with his -xisting lease and they would have the same expiration date . Dr. Masters stated that he had a 15 year lease on the existing building. Mr. Tassone stated that after the leases run out there would be two different owners and the buildings would be too close together . Dr. Masters stated that both of the owners are aware of the closeness and they were not concerned as it is the back side of both buildings and that he would be responsible for the destruction of the corridor should it be necessary . He added that both buildings have a back door that could be utilized or closed. Mr. Bull stated that the life of the existing building would probably be no more than 15 years . He added that the building is a public service structure and that it is highly needed in the area . Chairman MacDonell asked Dr . Masters if he would like to comment . Dr. Masters stated that when he first came to Atlantic Beach he wanted a small building to start his practice and chat if it went well he would move into a larger building. He stated that he likes working in Atlantic Beach and does not want to move. He also stated that he is planning to bring in a couple of other type doctors . • Page 3 oard of Adjustment • november 22 , 1983 There being no further questions , Mr. Bull moved for approval of the request . Mr. Tassone seconded the motion which passed unanimously . Chairman MacDonell then called the Board' s attention to item #2 on the agenda; request for variance of Charles Leonard. Mr . Leonard introduced himself and stated that he was requesting a variance to build on a substandard size lot , reduce the 20 ' rear setback to 10 ' , and reduce the 10 ' side setback on the east side to 5 ' . There was a general discussion on whether there would be enough parking spaces . It was determined that there would be enough. Mr. Bull asked if the parking would have to be behind the front building line . Mr . Moss replied that it hadn' t been enforced anywhere else in the city. Mr. Bull asked Mr. Leonard why he couldn' t move his building north to give more room in the rear , still allowing 20 ' for parking in the front . Mr. Leonard replied that it would be safer for egress and ingress to have the extra room. Mr. Bull stated that it would be very tight between the buildings . Chairman MacDonell stated that at least Mr. Leonard' s property backed up to a parking lot , unlike some of the others in the area. Mrs . Kerber asked the number of offices planned to be in the building. Mr. Leonard replied that there would probably be one and no more than two . Mr. Bull made a motion to approve the request which was seconded by Mr. Tassone . A vote was called; Chairman MacDonell , George Bull , and Frank Tassone voting for the approval of the request , and Mrs . Kerber and Mr . Tinsley voting against the request . There was a debate on whether it took a majority or a 4 to 1 vote to carry . As Mr. Moss researched the matter , Mrs . Kerber stated that the reason she voted against the proposal was because the building next door is Page 4 oard of Adjustment • november 22 , 1983 frame , and that even if Mr . Leonard builds a masonary structure and the building next door catches fire it would damage his building. Chairman MacDonell stated that Mr . Leonard shouldn' t be penalized because there is a frame structure next door , 5 ' from the property line . He added that there was access to Mr . Leonard' s property on three sides and access to the frame building on two sides . Mr . Moss called the Board' s attention to the Land Development Code which stated that only a majority was needed but noted that the City Charter stated that a 4 to 1 vote was needed. After a brief discussion, Mr. Moss determined that the City Attorney should rule . Chairman MacDonell asked Mr. Leonard if he would like to consider temporarily withdrawing or let the City Attorney rule . Mr. Leonard asked the Board what their decision would be if the east side setback was 10 ' . The Board was in agreement that he may have a unanimous vote if the east side setback was 10 ' . Mr. Leonard stated that he would like to amend his request to have a 5 ' setback on the west side , 10 ' on the east side, and 10 ' on the rear setback. Mr . Bull motioned to approve the request as amended. Mr . Tassone seconded the motion which passed unanimously . Chairman MacDonell asked if there was any miscellaneous business before the Board. Mr. Moss asked the Board if it would be convenient for them to meet in December as a request from Maggie Then on Second Street may come up . Mr. Moss stated that he thought the appeal had to do with the decision he had ruled on by stating that her property is in violation of existing density regulations and she could not expand any further because she is already at a nonconforming use . Mr. Moss stated that he would get with the City Attorney to see whether she can appeal his decision. The Board members were in agreement that it may be something that should go before the Advisory Planning Board. . . Page 5 oard of Adjustment • Aovember 22 , 1983 Mr. Moss stated that the Advisory Planning Board could not grant a variance and could only recommend to the Commission a change in the ordinance . There was a general concurrence of the Board members that it would be more convenient to meet in January to hear the request of Mrs . Then. There being no further miscellaneous business before the Board, the meeting was adjourned at 7 : 37 p .m. 67;57 /27 C.T. Tinsley, Secrete y