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2002-05-21 (meeting minutes) vAGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH May 21, 2002 at 7:00 p.m. Commission Chambers at City Hall, 800 Seminole Road 1. Call to Order. 2. Approval of Minutes of the meeting of April 25, 2002. 3. Recognition of Visitors. 4. Old Business. a. File No. ZVAR-2002-06, Doug Morgan on behalf of Rose C. McCall. Request for a Variance from the fifteen (15) foot required side yard on a Corner Lot (See definition of Lot, Corner.) to bring an existing nonconforming structure into compliance and to allow for a second story addition for property in the RS-2 Zoning District and located at 31 ,.~,:m,, Fifth Street. 5. New Business. a. File No. UBE-2002-04, North Beach Center. Request for aUse-by Exception in the Commercial General Zoning District to allow for .uses including limited wholesale operation, limited warehousing, on-premise consumption of liquor, beer and wine, and contractor with no outside storage; such uses to be located in a mixed use project, which shall also contain other uses permitted in the Commercial General Zoning District on property located at 725 Atlantic Boulevard (former Pic-n-Save location). b. File No. ZVAR-2002-08, Greg Cooper. Request for a Variance from Section 24-105 (e) (3) to allow a carport to encroach into a five (5) foot required side yard for property in the RS-2 Zoning District and located at 512 Vikings Lane. c. File No. ZVAR 2002-09, Chris Hionides and Nadia Hionides. Request for a Variance from Section 24-105 (e) (2) to allow asecond-story wood deck to encroach approximately fifteen (15) feet into a required rear yard, while maintaining a minimum distance of five (5) five feet from the rear lot line for property in the RS-2 Zoning District and located at 124 12th Street. 6. Other reports or business not requiring action. `"' 7. Adjournment. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Flarida. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to ail hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. 2 MINUTES OF MEETING OF COMMUNITY DEVELOPMENT BOARD May 21, 2002 A regular meeting of the Community Development Board was held Tuesday, May 21, 2002, in the City Hall Commission Chambers. Present were Chair Don Wolfson,. Craig Burkhart, Robert Frohwein, Karl Grunewald, Samuel Jacobson, Steven Jenkins, Mary Walker, Community Development Director Sonya Doerr, City Attorney Alan Jensen and Recording Secretary Susan Dunham. 1. Call to Order The meeting was called to order at 7:08 p.m. 2. Approval of Minutes of Meeting of April 25, 2002 A motion was made by Mr. Jenkins, seconded by Mr. Burkhart and unanimously carried to approve the Minutes of the Community Development Board meeting of April 25, 2002. 3. Recognition of Visitors None. 4. Old Business a. File No. ZVAR-2002-06, Doug Morgan on behalf of Rose C. McCall. Request for a Variance from the fifteen (15) foot required side yard on a Corner Lot (See definition of Lot. Corner.) to bring an existing nonconforming structure into compliance and to allow for a second story addition for property in the RS-2 Zoning District and located at 31 Fifth Street. "'`"~ This item was moved to later in the meeting. 5. New Business a. File No. UBE-2002-04, North Beach Center. Request for aUse-bv Exception in the Commercial General Zoning District to allow for uses including limited wholesale operation limited warehousing, on-premise consumption of liquor, beer and wine, and contractor with no outside storage; such uses to be located in a mixed use proiect, which shall also contain other uses permitted in the Commercial General Zoning District on pr_o_perty located at 725 Atlantic Boulevard (former Pic-n-Save location). Mr. Scott Morris introduced himself and stated that he requests aUse-by-Exception for ahigh-end retail shopping center at the site of the former Pic-n-Save building. He further stated that the Use-by-Exception requests on-premise consumption of beer, wine and liquor, and also limited warehousing space in the back of the shopping center. Mr. Morris advised that he proposes 13 retail spaces in the front of the building and seven warehouse bays in the back of the building for use as limited warehousing, office space, showroom or contractor space with no outside storage. He further advised that the retail spaces would be occupied by high-end tenants such as restaurants, clothing stores, flower shops, etc. Mr. Gregory Mills introduced himself and stated that he represents Mr. Hionides, who owns the property next to this property. Mr. Mills advised that Mr. Hionides has indicated that he is very much in favor of this project. In response to questions from the Board, Ms. Doerr stated that she was concerned with regard to the residential area behind the shopping center and felt that commercial delivery and loading should not occur on Cavalla Road. She further stated that this is an area of some residential stress and it does not need heavy industrial traffic on Cavalla Road. Minutes of Community DevelopmentBoard May 21, 2002 In response to questions from the Board, Mr. Morris advised that the designer of the site plan has assured him that there is adequate space in the rear of the property for delivery trucks and vehicles to enter and leave the premises. Discussion was held with regard to drainage. Ms. Doerr advised that the lot owned by the City that the applicant would like to purchase may be needed to address drainage problems in Royal Palms. She stated that there is also a concern with regard to additional commercial traffic on Cavalla Road if the applicant were to purchase this lot. Ms. Doerr advised that this site would have to comply with City drainage requirements and that this would be looked at during the construction process. Mr. Wolfson requested that the applicant be sensitive to nearby families with regard to work hours and lighting, and that the applicant provide a landscaping plan with provisions for on-going maintenance of the landscape. In response to questions from the Board, Mr. Morris stated that he plans to install a monument sign on Atlantic Boulevard and a sign on the chimney of the building. He further stated that the chimney detail is part of the art deco style of the building and would be reminiscent of that time period. Ms. Doerr stated that Mr. Morris would have to follow sign regulations that are in effect at the time he applies for a permit. Discussion was held and concern was expressed with regard to garbage collection. Ms. Walker suggested placing a corridor in the building going east/west or north/south to allow easy access to garbage bins. Mr. Morris responded that it might be possible to add an entrance to the north or to the west of the property. A motion was made by Mr. Burkhart and seconded by Mr. Jacobson to recommend approval of the Use by E%ception to the City Commission with all the requirements as set forth by on pages 3 and 4 of the Staff Report, and that the fire-rated corridor shown on Exhibit Ca-2 be extended with double doors to the west and the warehouse hours of operation be limited to 7:00 a.m. to 9:00 p.m. Discussion was held with regard to parking behind the proposed building. It was determined that no parking of commercial trucks and vehicles would be allowed before 7:00 a.m. and after 9:00 p.m. A vote was taken and the motion passed by unanimous approval. b. File No. ZVAR-2002-08, Greg Cooper Repuest for a Variance from Section 24 105 (e) (3) to allow a carport to encroach into a five (5) foot required side'yard for property in the RS 2 Zoning District and located at 512 Vikings Lane Mr. Ted Barrett introduced himself. He explained that Mr. Cooper's hardship is that he does not have enough room on his property. He stated that Mr. Cooper's lot is 100' x 75' and there is no other storage except for atwo-car garage that is being used for vehicles. Mr. Cooper introduced himself and stated that he is attempting to make the property nice and he would like to protect his possessions. In response to questions from the Board, Ms. Doerr advised that the carport does not impede access to the property and the structure is not a burn risk. Mr. Cooper advised the Board that the carport was constructed a few months ago and he stores skis and sometimes his car in the carport. He further advised that he keeps an open access to the back of the house. A motion was made by Mr. Jacobson and seconded by Ms. Walker to approve the request for the variance with the conditions set forth by Staff. -, 2 Minutes of Community Development Board May 21, 2002 '` Mr. Frohwein suggested limiting the use of the structure to ten years since that is the life expectancy of an aluminum structure. Ms. Walker suggested adding that if the structure were destroyed, that it could not be re-built. Mr. Jenkins expressed his concern with regard to setting a precedent for anyone who wanted to exceed the setbacks. Mr. Grunewald stated that Mr. Cooper installed the carport himself without a permit but he had the presence of mind to seek permission from the City with regard to the arbor. Mr. Wolfson stated that since the lot size is 100' x 75' he did not see a hardship with regard to the size of the lot. He urged the Board members to review this situation closely. The vote was called and Mr. Jacobson voted in favor of the motion; Mr. Frohwein, Ms. Walker, Mr. Wolfson, Mr. Burkhart, Mr. Grunewald and Mr. Jenkins voted against the motion. 4.a. File No. ZVAR-2002-06, Doug Moran on behalf of Rose C. McCall Request for a Variance from the fifteen (15) foot required side vard on a Corner Lot (See definition of Lot Corner) to . 1 ........ .... ....7..~..~...~ ....-...,.-.1.. _._..._h_.. ..a~__-~_____ _~~._ _______t~_____ __- i ._ _n. r ..... The Board deferred this item until the next meeting. c. File No. ZVAR-2002-09, Chris Hionides and Nadia Hionides Request for a Variance from Section 24-105 (e) (2) to allow asecond-story wood deck to encroach approximately fifteen (151 feet "" into a required rear vard, while maintaining a minimum distance of five (5) five feet from the rear lot line for property in the RS-2 Zoning District and located at 124 12th Street Ms. Doerr advised that this building was constructed as a duplex many years ago, that it was built before the current regulations and that it was constructed with the proper permits. Ms. Doerr advised that after consultation with the Building Official, she determined that the permit was properly issued and it was consistent with the fifty percent guidelines. Mr. Wolfson questioned the proper issuance of the building permit. Ms. Doerr advised that the building permit indicates the total valuation of the work at $35,000. Mr. Wolfson stated that he did not believe the $35,000 was accurate. Mr. Gregory Mills introduced himself and stated that he works for Mr. Hionides in design operation. Mr. Mills advised that once they began work on the building, they found extensive damage which required more work than anticipated. He also informed the Board that the original structure consisted of a wood frame anteroom with a wood deck on top but the over-exuberant construction crew tore it down. Mr. Mills stated that they would like to build a wood deck over a patio, The Board discussed deferring this item and requesting additional information. Mr. Jacobson asked Ms. Doerr if at the time a building permit is sought the scope of the work presented to the Building Department is less than fifty percent, then after the permit is issued the scope of the work expands to over fifty percent, does this negate the permit? Ms. Doerr stated that it does not negate the permit unless the building plans need to be modified. Mr. Jensen stated that he did not think it would make the permit invalid--the contractor may come back to amend the application and permit. ,-- A motion was made by Mr. Burkhart and seconded by Mr. Wolfson to defer this item subject to receiving a report from Building Official Ford on how he went through his analysis and an opinion s P Minutes of Community Development Board May 21, 2002 from Mr. Jensen on the steps that should be taken once Building Official Ford's report has been reviewed. NIr. Burkhart requested that the permit application, a set of plans, site plans and all relevant information be included in their neat Agenda packet. Mr. Jacobson stated that he would like to know what the Board's responsibility and authority is if it is determined that the Building Department issued an invalid building permit. The vote was called and Mr. Jacobson, Ms. Walker, Mr. Wolfson, Mr. Burkhart, Mr. Grunewald and Mr. Jenkins voted in favor of the motion; Mr. Frohwein voted against the motion. Discussion was held with regard to holding a special called meeting to address both deferred applications. 6. Other Reports or Business Not Requiring Action Discussion was held with regard to portable storage structures. Ms. Doerr stated that the City was working to resolve this issue. 7. Adiournment There being no further business, the meeting adjourned at 9:50 p.m. SIGNED ATTEST 4