2000-05-16 (meeting minutes) v • MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
May 16, 2000
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
Sam Jacobson
Craig Burkhart
AND George Worley, II, CD Director
Pat Harris
ABSENT Sharette Simpkins
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes of the meeting of April 18, 2000 and on motion made and seconded the minutes
• were approved.
I. Application for Variance filed by Atul Patel to construct a building that will
encroach the setback requirements at property located at 715 Atlantic Boulevard.
John Dawson, Architect, introduced himself to the board and presented to the
board an updated plan for the construction.
Mr. Wolfson stated that the board had asked for the revised plans a month ago to
allow them to evaluate the matter prior to making a decision. He added that the board is
handicapped without the early review. He requested staff to make it perfectly clear that it
is necessary to have the paper work ahead of time.
Mr. Dawson presented only one revised set of the plans for the board to review and
explained that the sign has been lowered from 25 feet to 18 feet. He stated the gas tanker
will enter from Atlantic Boulevard with early morning deliveries starting as early as 4:00
a.m. He stated they are requesting a ten foot variance on the rear property line instead of
five feet and reduced the size of the building from 4,000 square feet to 3,600 square feet.
Responding to questions from Mr. Wolfson, Mr. Worley stated that the applicant will
be held to the.higher standard of either their tree planting plans or his calculations of how
many trees are required.
110 Mr. Frohwein stated he could not determine that a hardship exists with the land as
• the applicant could rearrange the structure without a variance.
Mr. Worley stated that it is the burden of the applicant to prove to the board that they
cannot use the property without a variance to justify the granting of the variance.
After discussion, Mrs. Pillmore moved to grant the variance as requested that would
require a 10 foot setback instead of 20 feet on the rear property line. Mrs. Walker
seconded the motion.
Mr. Jacobson stated that the applicant has done a nice job with his Beach Boulevard
location and recognizes a significant investment in this project; and in general is
sympathetic with small businessmen to the point in being biased in favor of trying to help
them; but cannot in good conscience, support the applicant in this instance. He stated
that the location is a prominent site on one of the major arteries through the community.
Mr. Wolfson stated that it is much easier to understand a hardship when the building
is in place than a site that can be created.
After discussion, the variance was unanimously denied with nay votes from all board
members.
II. Application for Variance filed by Body Works Unlimited, Inc. to construct an
• addition to an existing nonconforming structure located at 44 W. Church Street.
Cleve Dryden, Consultant, introduced himself and stated that the owner desires to
construct an addition on the north and west sides of an existing nonconforming commercial
structure to allow him to expand his business.
Cliff Duke, Architect, introduced himself and stated that he is in attendance to
answer any questions the board may have.
Tierye Crumley, the owner, stated that the property will be cleared and all storage
will be inside the building.
After discussion, Mr. Frohwein moved to grant the variance requested with the
provisions that the addition meet all the required setbacks and have a total of three
designated parking spaces for customers and employees. Mr. Burkhart seconded the
motion and the variance was unanimously granted.
III. Application for Variance filed by Frances A. Phelps to construct a fence over six
feet and under ten feet in height at property located at 69 Garden Court.
Mrs. Phelps introduced herself and explained that she has obtained a new survey
of her property which reveals that a portion of a neighbor's fence is located on her property.
• She stated that the lots abut along the rear lot line, with the lot on Beach Avenue being
several feet higher than hers. She stated that she desired to erect a fence to provide
privacy across the rear of her lot and because of the difference in elevations of the two lots
she desires to construct the fence up to ten feet in height at its highest point.
Mrs.Avis Phelps, mother of the applicant, introduced herself to the board and stated
that when the neighbor constructed their home they dumped a lot of broken concrete at the
site.
Mr. Worley stated that the neighbors were required to fill the footprint of the house
itself to meet a certain elevation requirement and thereby created a severe drop at the
property.
The Chairman stated that it is his opinion that the situation causes a hardship not
of the applicant's creation or control.
After discussion, Mr. Jacobson moved to grant the variance, Mr. Burkhart seconded
the motion and the variance was unanimously granted.
Mr. Worley reported that the recommendations regarding the zoning code have
been delivered to the City Commission. At the board's request, Mr. Worley will furnish an
outline for comments and discussion with the City Commission at a round table discussion.
Their being no further business on motion made and seconded the meeting was
adjourned.
SIGNED
ATTE.ELIYat(�C4
4111