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.
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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.
•
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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.
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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
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C. T. Tinsley, Secretary