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2002-09-17 (meeting minutes) v~- AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, September 17, 2002 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to Order and pledge of allegiance. 2. Approval of Minutes of the meeting of August 20, 2002. 3. Recognition of Visitors. 4. Old Business. .~~ a. ZVAR-2002-13, Pennington. Request for a Variance from: a) Section 24-104 (e) to reduce a 20-foot rear yard for construction of an exterior stairwell; b) Section 24- 151 (b) (2) iii and Section 24-83 (c) to allow for an Accessory Structure for pool equipment to be placed in the five-foot setback; and c) Variance from the required fifteen (15) foot street side setback on a corner lot within the RS-2 Zoning District and located at the southwest corner of Magnolia and David (Park) Street. The applicant has requested that this item be deferred to the October meeting pending his decision to withdraw the application or continue with the project. 5. New Business. a. UBE-2002-06, -Jerry Hoey. (Beaches Woodcrafts) Request for aUse-by- Exception to allow off ce use, .cabinet shop and light warehousing in a 15,000 square foot building, with all activities located within the enclosed building, on a two-acre parcel in the Commercial General (CG) Zoning District and located at 15 Simmons Road. b. UBE-2002-07, John Fiege. (Judo RYU Jacksonville, Inc.) Request for aUse- by-Exception to allow a martial arts school and health center in an existing building on a developed site within the Commercial Limited (CL) Zoning District and located at 1197 Mayport Road. ~° c. ZVAR 2002-14, Charles F. Hatchell. Request for a Variance to reduce the required fifteen (15) foot street side setback on a corner lot to ten (10) feet and also a Variance from Section 24-105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet for property within the RS-2 Zoning District and located at 1224 Ocean Boulevard. d. ZVAR-2002-15, Peter Coalson. Request for a Variance from Section 24-107 (e)(3) to reduce a required side yard to allow construction of an exterior stairwell on a nonconforming structure, and also a Variance from Section 24-164 (b) (1) to allow a swimming pool to be located closer to the front lot line than the Principal Building on property in the RG-2 Zoning District and located at 1610 Coquina Place. e. ZVAR 2002-16, Steven Litton. Request for a Variance to reduce a required twenty (20) foot rear yard to allow a screened porch with a solid roof to be constructed over an existing deck on property zoned PUD and located at 1913 Selva Marina Drive. 6. Other reports or business not requiring action. a. Request by City Commission for reports and updates from all City Boards and Committees. 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, Florida. 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 all 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 September 17, 2002 A regular meeting of the Community Development Board was held Tuesday, September 17, 2002, in the City Hall Commission Room. Present were Chair Don Wolfson, Craig Burkhart, Robert Frohwein, Karl Grunewald, Samuel Jacobson (arrived at 7:20 p.m.), 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 7:00 p.m. 2. Approval of Minutes of Meeting of August 20, 2002 A motion was made by Mr. Burkhart, seconded by Mr. Frohwein and unanimously carried to approve the Minutes of the Community Development Board meeting of August 20, 2002. Pledge of Allegiance 3. Recognition of Visitors None. 4. Old Business a. ZVAR-2002-13, Pennington. Request for a Variance from: a) Section 24-104 (e) to reduce a 20-foot rear yard for construction of an exterior stairwell; b) Section 24-151 (b) (2) iii and Section f°"` 24-83 (c) to allow for an Accessory Structure .for pool equipment to be placed in the five-foot setback; and c) Variance from the required fifteen (15) foot street side setback on a corner lot within the RS-2 Zoning District and located at the southwest corner of Magnolia and David (Park) Street. The applicant has requested that this item be deferred to the October meeting pending his decision to withdraw the application or continue with the project. 5. New Business a. UBE-2002-06. Jerry Hoev. Beaches Woodcrafts) Reauest for aUse-bv-Exception to allow office use, cabinet shop and light warehousing in a 15,000 sgnare foot building, with all activities located within the enclosed building, on a two-acre parcel in the Commercial General (CG) Zoning District and located at 15 Simmons Road. The applicant was notpresent at this time so Mr. Wolfson moved this item to the end of New Business. b. UBE-2002-07. John Fiege. (Judo RYU Jacksonville, Inc.) Reauest for aUse-bv-Exception to allow a martial arts school and health center in an existing building on a developed site within the Commercial Limited (CLl Zoning District and located at 1197 Mavport Road. Mr. Fiege introduced himself. He stated that he would like to open a martial arts and health center at this location. Ms. Meleah Noland Dennis introduced herself and stated that she supported Mr. Fiege's request. She stated that her son Zachary has been involved in judo since he was three years old. She further stated that Mr. Fiege was an excellent instructor and that the staff who work with him are national instructors; they teach children and adults; they teach women self-defense; they provide education to parents and children on how to protect themselves from predators; and the children gain self-confidence and respect for. other ,,.gip,, people and other cultures. In response to questions from the Board, Mr. Fiege advised that there were six parking spaces and one ADA accessible parking space at this location. He stated that there were approximately another five to Minutes of Community Development Board " September 17, 2002 ~, ten parking spaces around the building and in the grassy area. He also stated that the presence of his business should improve the safety of the parking area. Mr. Fiege advised that his business was separated into two sections and would have the following hours of operation: physical therapy would operate from 8:30 a.m. to 5:00 p.m., and the health and martial arts center would operate from 4:00 p.m. to 9:00 p.m. Ms. Walker asked Mr. Fiege to clarify whether he was a licensed physical therapist as opposed to a massage therapist. Mr. Fiege confirmed that he is a board certified and properly licensed Physical Therapist. The Board addressed the landscaping requirements with Mr. Fiege. He stated that there was very little green space in this lot but that he could add some low shrubbery and planters where possible. Ms. Doerr stated that Mr. Fiege has indicated that he would do whatever he could to landscape and clean up behind the building. She further stated that Mr. Fiege has indicated that the existing parking lot will be upgraded and parking spaces will be re-striped. Ms. Doerr also advised that several parents called her this week to support Mr. Fiege's request. Discussion was held with regard to the possible change in ingress and egress to the post office. Mr. Fiege stated that he was aware of the proposed new entrance but was under the impression that the post office had a service entrance, which would be used as the new public entrance. In response to questions from the Board, Ms. Doerr advised that: 1) all commercial dumpsters are now required to be screened; and 2) this project would be subject to the new sign regulations. A motion was made by Mr. Grunewald and seconded by Mr. Burkhart to recommend approval of the Use by Exception to the City Commission. Mr. Frohwein requested that the motion contain Staff's recommendation with regard to landscaping and parking consistent with Chapter 24, Division 8. Mr. Grunewald moved to amend the motion to recommend approval of the Use-by-Exception to the City Commission with the added condition that any existing landscape area adjacent to this business and parking used by this business be improved and maintained consistent with applicable provisions of Chapter 24, Division 8. Mr. Burkhart seconded the motion. The vote was called and the amended. motion passed by unanimous approval. c. ZVAR-2002-14, Charles F. Hatchell. Request for a Variance to reduce the reauired fifteen (151 foot street side setback on a corner lot to ten (10) feet for nronerty within the RS-2 Zoning District and located at 1224 Ocean Boulevard. Mr. Charles Hatchell introduced himself. He stated that in January of this year his home burned down and he would like to rebuild in the pre-existing footprint. He stated that he has met with contractors who advised him that it would be more costly to rebuild the home using the existing walls. Mr. Hatchell requested that he be allowed to maintain the setbacks of the previous home, which allowed for wheelchair accessibility throughout the house to accommodate two disabled family members. Mr. Peter Coalson introduced himself and stated that he looked at Mr. Hatchell's house and that due to the handicap requirements and the current condition of the home, it would be difficult for Mr. Hatchell to rebuild the house at a reasonable cost. He further said that the neighborhood would be well served to grant the variance. Mr. Wolfson stated that if the home was completely removed, the Board should consider this lot as a corner lot with the setbacks outlined on page 12 of the Zoning Regulations. 2 Minutes of Community Development Board September 17, 2002 Discussion was held with regard to the use of the garage. Mr. Grunewald asked the applicant if it would be feasible to reduce the size of the. garage. Mr. Hatchell responded that he could reduce the size of the garage to a one-car gar-age. The Board discussed the definition of a zoning variance. Ms. Doerr stated that there were unusual conditions or circumstances that may warrant some relief. She further stated that there was nothing unusual with the land but the applicant has personal reasons for putting this physical structure on the property. Mr. Wolfson clarified that the applicant was requesting 1) 18 feet 6 inches for the front yard but was willing to keep the setback at 20 feet; 2) 10 feet in the rear yard but was willing to reduce the garage to keep the setback at 20 feet; 3) five feet on the north side of the home which was all that was required; 4) ten feet on the south side of the home and. extending the home to the yellow line indicated on the survey. A motion was made by Mr. Frohwein and seconded by Mr. Grunewald to approve the reduction of the required 15-foot side yard setback on this corner lot to a 10-foot side yard setback on 12~' Street. Mr. Frohwein stated that he recognized the hardship of the house burning down and would be willing to give the applicant much consideration especially since three of the non-conforming sides were being brought into compliance. The Board discussed findings of fact that would warrant granting the variance request. Mr. Burkhart stated that not many structures in Atlantic Beach were used to house two people who require full ADA ,.~~ compliance. In addition, he stated that five feet added to a house to make it ADA compliant was a minimal variance. Mr. Burkhart stated that the general intent and purpose of this Board was to provide a sounding and hearing board and relief to the population of Atlantic Beach. Mr. Grunewald added that with the applicant's concession of the requested variance on the front and back of the property and the added burden of making this house ADA compliant, he felt that it fell within the required guidelines. Ms. Walker expressed concern that granting this variance would create a variance for future users if Mr. Hatchell sold the property. Ms. Doerr advised that there were special conditions that apply to this building: ADA compliance, greater width of hallways, greater side setbacks since this is a corner lot. She suggested that it might be helpful for the Board members to read the first recital in the ordinance. Ms. Doerr stated that this particular owner has a quality of life issue. Mr. Frohwein moved to amend the motion to grant the variance on the south side of the property to . reduce the side yard setback to 10 feet across the building line and to deny the request for the variance for the front yard and rear yard so that the applicant has 20 feet on the front yard and 20 feet on the rear yard. Mr. Grunewald seconded the amended motion. The vote was called and Mr. Burkhart, Mr. Frohwein, Mr. Grunewald, Mr. Jacobson and Mr. Wolfson and voted in favor of the motion; Ms. Walker and Mr. Jenkins voted against the motion. The motion passed. d. ZVAR-2002-15, Peter Coalson. Request for a Variance to reduce a required side yard to allow construction of an exterior deck, stairs and bath addition on a nonconforming structure and also a Minutes of Community Development Board September 17, 2002 Variance from Section 24164 (b) (1) to allow construction of a swimming Wool in the recLuired front vard on property in the RG2 Zoning District and' located at 1610 Coquina Court. Mr. Coalson introduced himself and gave a brief history of the property. He advised that they were adding alive-foot section upstairs and closing in a covered area on the first floor. Mr: Coalson stated that they were requesting the location of the pool on the front section of the property and they have a small sideline encroachment described on the south side of the property and their plan shows a 1.5 foot reduction. Mr. Coalson distributed new plans to the Board members. Mr. Coalson clarified that the stair as shown on the plan extends 1.5 foot into the existing setback. He stated that he would propose to eliminate the encroachment on the south side and provide a continuation of an existing encroachment on the north side of the property. He further stated that the change would reduce the encroachment on the front 20-yard foot setback. Mr. Frohwein asked the applicant if the proposed stairs on the front could be shifted southerly. Mr. Coalson replied that the deck is fairly substantial. Mr. Frohwein asked if the stairs that lead up to the deck were built with the deck. Mr. Coalson replied that they were built at the same time and they do encroach. Ms. Doerr advised that they were allowed to be in the front setback as long as they were no higher than 30 inches. Mr. Coalson clarified that they would remove the stairs on the south side in favor of the stairs on the north side so there would be no encroachment on the south side. He further clarified that the pool and deck would not extend beyond the setback and the owner would be more than willing to move the pool closer to the house. .~. Mr. Jacobson asked Mr. Coalson how he planned to circumvent the Code which states, "that in no case shall the pool be located closer to a front line than the Principal Building is located." The applicant chose not to answer the question, Mr. Frohwein asked Ms: Doerr that if the structure of the new proposed stairwell met the 20-foot setback and was connected to the second story deck, which was a structure, was the proposed stairwell part of the the front of the house? And, if so, then is the pool behind the front of the building? She stated that the stairs and exterior portion of the building were connected with a solid roof, these would all be part of the main structure. Mr. Coalson advised that there was trellis work that connected it to the house. Mr. Frohwein asked if there needed to be a roof over the deck? Ms. Doerr referred the Board to the definition of a building. She stated that she did not have an objection to the location of the pool because it provided a 20-foot setback. She said that her opinion would be different if it were at five feet. She further stated that this was an unusual area in the city, there were a lot of unique characteristics in this portion of the City and it would not be out of character with that area of the city provided that the 20-foot front yard is maintained. Mr. Frohwein stated that a building shall mean any structure designed or built for support. He said that he thought there was no issue with the pool. Mr. Coalson advised that it was not completely attached to the rest of the roof. Mr. Burkhart stated that the new proposal met all the requirements of a building, and asked if the client would be willing to move the pool back. Mr. Wolfson stated that he did not feel that the stairwell was part of the principal building. Mr. Wolfson stated that the defimition of principal building was the main use of this property, which is residential and not other accessory buildings, which could be detached garage. He further stated that if this were an attached garage, it would be part of the building. Mr. Wolfson stated that he did not feel that this was the intent of the Code and that this request was a circumvention of the Code. Ms. Doerr stated that if the Board considered the roof structure as part of the principal building, then the pool as proposed would not 4 Minutes of Community Development Board - September 17, 2002 be forward of the main house. Mr. Wolfson stated that he felt it was up to the majority of the Board to determine this issue. The consensus of the Board was that there was no need for a variance. Mr. Jacobson and Mr. Wolfson were not in agreement. f-~ ~... Mr. Coalson requested to withdraw the Variance request. e. ZVAR-2002-16, Steven Litton. Request for a Variance to reduce a required twenty (20) foot rear yard to allow a screened porch with a solid roof to be constructed over an existing deck on property zoned PUD and located at 1913 Selva Marina Drive. Mr. Steven Litton introduced himself. He stated that his family is unable to use their backyard due to the mosquitoes, heavy rain and the sun and would like to build a screen room. He stated that the survey indicates that the house was built unusually far back on the lot and he believed that this was done intentionally to save the large oak trees in the front of the lot. Mr. Litton advised that he would like to screen approximately 2/3 of the existing deck and remove the existing lattice structure. He further advised that there were lots of trees and plants in the backyard and it was almost impossible to see into the neighbor's yard. If approved, Mr. Litton stated that he would hire a qualified contractor to build the screen porch. In response to questions from Mr. Jenkins, Ms. Doerr advised that this lot is slightly irregular and the development was a PUD. She further advised that the setbacks that were applied to this PUD were RS 1 setbacks of 20-foot rear yard setback and 7.5-foot side yard setbacks. Ms. Doerr stated that the Board has flexibility in a PUD since it has different zoning regulations. Mr. Grunewald asked Mr. Litton if he would enclose the existing deck or remove the deck and build a permanent roof and shingled room. Mr. Litton responded that he would build a typical screen porch. Ms. Doerr asked if the roof would be screened and Mr. Litton responded that it would be a metal pained roof. In response to a question from Mr. Burkhart, Mr. Litton advised that shifting the deck to the other side of the house would require a complete remodel since the bedrooms are located on that side of the home. Mrs. Walker .expressed concern of the close proximity of the homes located behind Mr. Litton's home. Mr. Litton advised that he spoke with the owner of Lot 14 who had no objection to this request. Mr. Litton clarified that the he believed that the shortest point from the deck to the back of the property line was I 1 feet. A motion was made by Mr. Grunewald and seconded by Mr. Jenkins to approve the Variance request. Ms. Walker suggested that Staff's recommendations be included in the motion. Mr. Grunewald moved to amend the motion to approve the Variance request to include that the proposed screened porch be maintained as a screened room, and not later converted to heated and cooled living space. Mr. Jenkins seconded the amended motion. The vote was called and Mr. Burkhart, Mr. Grunewald, Mr. Jacobson, Mr. Jenkins, Mrs. Walker ,, and Mr. Wolfson voted in favor of the motion; Mr. Frohwein voted against the motion. a. UBE-2002-06, Jerry Hoey. Beaches Woodcrafts) Request for aUse-by-Exception to allow office use, cabinet shop and light warehousing in a 15 000 square foot building with all activities located 5 Minutes of Community Development Board September 17, 2002 within the enclosed buildinE, on a two-acre parcel in the Commercial General (CG) Zoning District `'' and located at 15 Simmons Road. Mr. Jerry Hoey introduced himself and stated that he would like to develop a 15,000 square foot building to house his company, Beaches Woodcraft. Mr. Hoey fizrther stated that he would occupy approximately 8,000 square feet and would expect to grow into the balance of the space in five years. Until that time, he stated that he would rent the space and that any proposed tenant would be consistent with the Use-by- Exception. In response to a question from Mr. Frohwein, Ms. Doerr advised that even though a portion of the land was zoned RG-2, the zoning of the larger portion was zoned Commercial General and, therefore; the zoning of the larger portion of the lot conveys to the smaller portion of the lot. Discussion was held with regard to the address of the property. Mr. Jason Henson, who represents the seller of the property, explained that the address of 15 Simmons Road was the address of the current owner of the building and the land located behind the building. Ms. Doerr advised that the legal description would. be stated in the Order. Mr. Wolfson expressed concern with regard to the close proximity of the retention pond to residential property. Ms. Doerr stated that the retention pond was required. to meet drainage requirements. Mrs. Walker requested that Ms. Doerr ensure that the landscape ordinance be applied to this property. Mr. Wolfson requested that the applicant install a fence to deter children from entering the xetention pond. He further requested that the applicant install rubber-coated fencing that would blend into the shrubbery. ,~ Ms. Doerr advised the Board that the applicant was required to comply with landscaping requirements and buffering and would recommend that the fencing be located on the inside of the buffer. A motion was made by Mr. Burkhart, seconded by Mr. Wolfson and unanimously carried to recommend approval of the Use by Exception to the City Commission with the following recommendations: 1) No chain link, or similar type of fence shall be installed on the westernmost side of the property which adjoins Mayport Road, and further any such fencing shall be limited to that as shown on the site plan submitted with this application. 2) All exterior lighting shall be directed towards the site and shall not illuminate adjacent residential parcels. 3) All business activities shall be maintained within the enclosed building, and there shall be no outside storage of any goods or materials. 4) That the fencing on the eastern side of the property adjacent to the residences be aesthetically attractive, i.e., vinyl coating. 6. Other reports or business not repuirin~ action. a. Request by City Commission for reports and updates from all City Boards and Committees. Ms. Doerr advised that the Commission has requested that the Boards and Committees meet with them two times a year for updates. She stated that the Commission would like to meet with Mr. Wolfson this Monday night, September 23, 2002. Ms. Doerr advised the Board that the Chapter 17 sign regulations were adopted and that the height was a maximum of eight feet. She further stated that the reduction in the maximum size of a freestanding sign was now 80 square feet down from 300 square feet. She also stated that another change was made relating to P.O.D.S. at the request of the City Commission. Ms. Doerr advised that all P.O.D.S. must now be registered and can be in any one particular location for a period of four days at one time, which can be 6 Minutes of Community Development Board September 17, 2002 extended for ten days with approval from the City Manager. She further stated that P.O.D.S. can be located on commercial property for a period of 30 days. Mr. Wolfson thanked Ms. Doerr for the zoning maps. 7. Adjournment There being no further business, the meeting adjourned at 10:10 p.m. SIGNED ~~ EY.~1~ , ATTEST 7