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08-29-83 v MINUTES OF THE BOARD OF ADJUSTMENT CITY OF ATLANTIC BEACH AUGUST 29, 1983 7:00 PM CITY HALL PRESENT: L. B. MacDonell, Chairman C. T. Tinsley, Secretary Mrs. Dorothy Kerber Frank J. Tassone George Bull, Jr. Present: A. William Moss, City Manager Rene' Angers, Recording Secretary And: John J. Monahan William J. Noe, Jr. Steve Smith The meeting was called to order at 7: 10 p.m. by Chairman MacDonell. There was a rollcall and it noted that everyone was present. Chairman MacDonell then called for approval of the minutes of the last meeting dated June 2, 1983. Mr. Bull made a motion to approve the minutes and Mr. Tassone seconded the motion which passed unanimously. OLD BUSINESS Mr. Moss brought up the possibility of the Board of Adjustment serving in the capacity of a Code Enforcement Board at the last meeting and stated that he would approach the subject with the City Commission. He stated that the previous week it was discussed with the City Commission and that it was the opinion of the City Attorney that the members of the Board of Adjustment could not also serve as the Code Enforcement Board. Mr. Moss stated that there seemed to be a general concurrence of the City Commission that they did want a Code Enforcement Board and that they were working toward that now. Mr. Moss then brought up the subject of an illegal deck that was constructed on Ahern Street since the last meeting and stated that the City Commission asked that Mr. Moss take the records to the State Attorney and ask for criminal prosecution. Mr. Moss stated that the diagram for the deck was very specific on showing the required setbacks but was constructed using incorrect setbacks. NEW BUSINESS There being no further old business, Chairman MacDonell directed the Board's attention to the new business at hand, first being the variance request of John J. Monahan. Page 2 BOARD OF ADJUSTMENT • August 29, 1983 Requesting the waiver of the 10' setback on construction of one additional story to an existing building which was built under the old code and did not require setbacks. Mr. William Noe introduced himself and stated that he was an attorney representing Mr. Monahan in his request for variance. He stated that several months ago a conditional approval was given to Mr. Monahan to add two stories to his existing building to make a three story building. He stated that since that time Mr. Monahan had determined that the addition of two stories would not be economically feasible. He stated that Mr. Monahan would like to amend his original plan and add only one story to his building and that the addition would be the third story of the previously submitted plans. Mr. Noe stated that the ad- ditional floor would serve as office space and not additional retail space and that he had sufficient parking. He stated that considering the total square footage he would be required to have eleven parking spaces and he presently had twelve. Mr. Noe stated that the only variance that Mr. Monahan was requesting was on the rear and side property lines. Instead of the required 10' setback he requested that he be allowed to build straight up from the existing structure. Mr. Bull asked Mr. Moss if he concurred with the parking requirement. Mr. Moss stated that it was not in Mr. Monahan's application for variance and, therefore, was not considered. • The Chair recognized Mr. Raymond L. McLaughlin. Mr. McLaughlin stated that he was the owner of Lots 762,763 and 764 of the Saltair Subdivision. He stated that the parking was inadequate for Mr. Monahan's present facility. He stated that there were eleven parking spaces but they were inconvenient and hard to use and that the amount of space to enter his property from Atlantic Boulevard was also very limited. He stated that it had been difficult for him to maintain adequate parking for his business as Mr. Monahan's customers used his parking spaces. Mr. Noe then stated that parking was not an issue in this case and that he only brought it up because it was the main consideration at the last meeting. He stated that Mr. Monahan had adequate parking under the code and that he felt the Board did not have the right to consider parking as an issue in the matter. He stated that they were not requesting additional retail space but additional office space and that it would not attract any more customers. There being no one else to speak in favor of the petition, Chairman MacDonell asked to hear from the opponents. The Chair recognized Mr. Lanny McLaughlin, son of Raymond McLaughlin. He brought up the point that if Mr. Monahan moved his office from the bottom floor to the proposed second floor he would have more room on the bottom floor for retail space. He also stated that when Mr. Monahan's parking lot is full there is not room for a truck to back out. • Page 3 BOARD OF ADJUSTMENT August 29, 1983 Mr. Noe then stated that the additional space on the bottom floor that could be used for retail space was aproximately 60 square feet and that it was not enough to require additional parking spaces. He also stated that he realized there was a parking problem but that it met the City code. Mr. Ronald Russell was then recognized by the Chair. He stated that he lived at 612 Sturdivant Drive, directly behind Monahan's Jewelry Store and that he, his wife and his cousin owned Lots 779, 778, 777, 776, 775 and half of 774. He stated that they were opposed to the original proposition of building two stories to Mr. Monahan's existing building because it would cut off almost all of the sunlight to half of their property and that they were still opposed to the proposition. There being no one else to speak against the request, Chairman MacDonell closed the public hearing. He asked Mr. Bull to determine how many parking spaces would fit into the 53' X 50' space and allow room for backing out and turning around. Mr. Bull determined that there were eleven parking spaces with a fourteen foot driveway for backing out and turning around and that it was not adequate, but he could not take issue as it existed under the Grandfather situation. Chairman MacDonell asked Mr. Moss if there was any criteria for determining driveways and parking. Mr. Moss explained that the site plan is reveiwed by engineers and that if there is not sufficient room for backing out and turning around the site plan was not approved. Mr. Bull motioned to grant the application provided Mr. Monahan acquired the six additional parking spaces with a ten year lease from Brandy's and that he have petitions from 75% of the surrounding property owners as originally stipulated. It was later found after reviewing the minutes of the meeting of January 20, 1983 that the origional stipulations were as follows; Mr. Monahan must acquire six additional parking spaces with a ten year lease from Brandy's and a petition of 80% of the surrounding property owners of the entire block including property owners on the north side of Atlantic Boulevard in the same block and the south side of Sturdivant Street in the same block within 100' of Mr. Monahan's property. After a brief discussion of the Board, Mr. Bull amended his motion to include a two month time limit for Mr. Monahan to acquire the petition signatures and the lease agreement. Mrs. Kerber seconded the motion. A vote was called which passed 4 to 1, Mr. Tassone voting against the request. Chairman MacDonell called the Board's attention to item 2 on the agenda. A Page 4 BOARD OF ADJUSTMENT August 29, 1983 William J. Noe, Jr. request for variance in utilizing an existing concrete slab which was constructed under previous zoning which did not require setbacks. Mr. Noe stated that when he acquired the property there was an existing structure ' behind his present building and that it did not fit in with his plans and was torn down, leaving the concrete slab as it exists now. He stated that he wished to build a structure on the concrete slab and connect it to his present building and that he was requesting a variance of the 10' setback on Pine Street and a variance of the 20' setback of the lot directly behind the concrete slab. He stated that he would have adequate parking as the lot in back would be used for parking with a driveway from the front of the building. Mr. Moss added that due to a change in the code, the setback for the corner lot would be 15' and not 10' as Mr. Noe had stated. There being no one who wished to speak against the request, Chairman MacDonell motioned that the request be granted. Mr. Bull seconded the motion. A vote was called which passed 4 to 1, Mr. Bull voting against the request. The Chair called attention to item 3 on the agenda. Mr. Steve Smith, request for variance of the 10' setback to allow a permanent roof to be built over the existing screened deck. Mr. Bull declared that he had a conflict of interest due to the fact that he was on the Architectural Control Committee for Selva Marina. Mr. Neil McNeil introduced himself as the contractor hired by Mr. Smith to build the roof. Mr. McNeil stated that the present structure was aluminum and that their proposal would improve the appearance of the home as they would be using cedar and stucco which would match the home. Mr. Bull informed Mr. McNeil that before the City could issue a permit, the request must be approved by the Architectural Control Committee. Mr. Moss brought up the point that even with the approval of the Board of Adjustment, Mr. Smith could still be sued by his neighbors because the Board could not contradict the deed restrictions. After a brief discussion between Mr. Smith and Mr. McNeil they withdrew their request. Chairman MacDonell informed Mr. Bull that since the Board did not act on the matter he did not need to file a conflict of interest. 11— There being no further business pending before the Board, Mr. Tinsley moved to adjourn the meeting. The meeting was adjourned at 8:35 p.m. 1 6 /)- f4',C-,<L,L/ ' C. T. Tinsley, Secretary