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2000-11-21 (meeting minutes) v , • AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH November 21, 2000 7:00 p.m. 1. Call to Order 2. Approval of Minutes of Meeting of October 17, 2000 3. Recognition of Visitors 4. New Business a. Application for Variance filed by Marion Yelvington to construct an addition to an existing nonconforming residence located at 448 Sailfish Drive. b. Application for Variance filed by Jubran Investments to construct office space and maintain existing retail stores to an existing nonconforming property located 11, at Ocean Boulevard and Ahern Street and known as Lots 5 & 6 and N. 37.0 feet of Lot 7, Block 35, Atlantic Beach. c. Application for Variance filed by S. Brett Hammond to construct a swimming pool and addition to existing nonconforming property located at 2348 Seminole Reach Drive. d. Application for Variance filed by James Watson to reduce the rear yard setback to construct a home and to save a 62" Oak tree in the front yard at the property located at the corner of Fifth Street and Sherry Drive. 5. Reports and Announcements 6. Adjournment If any person decides to appeal any decision made by the Community Development Board at the above meeting, he will need a record of the proceedings, and for such purpose, may need to • ensure that a verbatim record of the proceedings be made, which record shall include the testimony and evidence upon which appeal is to be based. MINUTES OF MEETING OF COMMUNITY DEVELOPMENT BOARD November 21, 2000 • A regular meeting of the Community Development Board was held Tuesday,November 21, 2000, in the City Hall Commission Chambers. Present were Don Wolfson, Chairman, Robert Frohwein,William Gulliford, Samuel Jacobson, Pat Pillmore, Mary Walker, Community Development Director George Worley, II, and Susan Dunham, Recording Secretary. 1. Call to Order The meeting was called to order by Don Wolfson at 7:00 p.m. Mr. Wolfson welcomed Mr. Gulliford to the Community Development Board. 2. Approval of Minutes of Meeting of October 17, 2000 A motion was made by Mr. Frohwein, seconded by Mr. Gulliford and unanimously carried to approve the Minutes of the Community Development Board meeting of October 17, 2000. 3. Recognition of Visitors None. 4. New Business a. Application for Variance filed by Marion Yelvington to construct an addition to an existing nonconforming residence located at 448 Sailfish Drive. Marion Yelvington explained that she would like to enlarge her bathroom and add a walk-in closet to the northwest corner of her house. • This proposed addition would be a 10x21 foot structure. Her neighbor, Mr. Baptista, spoke in favor of the addition. Ms. Pillmore asked if Ms. Yelvington had considered working within the required setbacks. Ms. Yelvington stated that she would rather not reduce the size of the proposed addition but would reduce the structure to 10x20 feet if it were required. Ms. Yelvington added that her house is only 18 inches from the side fence but that she does have room on the backside of the house to build and stay within the City codes. Mr. Frohwein advised Ms. Yelvington that the Board could grant a variance as long as there is a hardship, not a financial hardship but a hardship that is unique to the land. Mr. Frohwein stated that he sees other options which would not require encroaching on the side yard. Mr. Jacobson asked Ms. Yelvington if she does not receive the variance, would she have restricted use of her home and not what she deems full use of her home. He noted, if the variance is approved, the addition will be in non-conformance by approximately 10 feet and that the addition will not be conspicuous or offensive to neighbors. Mr. Gulliford moved to grant the variance. Mr. Jacobson seconded the motion. Mrs. Walker stated that she takes the position that if what is being proposed is within existing setbacks and not increasing the non-conformity,then she would go along with granting the variance. In addition, Mrs. Walker stated that the current property owners will not always be the property owners and it is incumbent on the Board to look at the structure and protect it for future owners as well. • Minutes of Community Development Board November 21, 2000 Page 2 Mr. Wolfson confirmed with Mr. Worley that he recommended denial of the variance because he felt • that it was not the minimum that would be possible to accomplish what the applicant has set out to do. In looking at the blueprint,the bathroom is not the issue,the walk-in closet and where it is in relation to the setback is the issue. Mr. Wolfson requested that the Board look at the following: (1)Is this the minimum necessary to make possible the reasonable use of the land, building or structure? (2)Will this variance confer any special privilege that is denied by this chapter to other lands,buildings or structures in the same zoning district? Mr. Jacobson stated that if the applicant is being granted a special privilege, it is because she is under a special impairment by the way her house is situated so she needs the privilege to be relieved of what was imposed on her. In response to questioning from Mr. Wolfson, Mr. Worley stated that in the circumstances of this particular issue, he felt that shifting the structure or reducing the size of the addition to meet the setback requirement could gain a reasonable use of the property. In addition,the Board with past decisions has set such a precedent. Mr. Gulliford moved to defer this variance request until the next meeting. Ms. Pillmore seconded the motion,which passed by unanimous vote. Mr. Wolfson suggested that Ms. Yelvington work closely with staff to work toward a possible solution. b. Application for Variance filed by Jubran Investments to construct office space and maintain • existing retail stores to an existing nonconforming property located at Ocean Boulevard and Ahern Street and known as Lots 5 &6 and N. 37.0 feet of Lot 7, Block 35,Atlantic Beach. Thor Heinrichs, Architect for Jubran Investments, introduced himself to the Board. Mr. Heinrichs stated that he was hired by Jubran Investments to design an office-type use of the second floor of this property. Mr. Heinrichs also stated that the only changes to the building are dressing up the exterior façade and adding an elevator. Jimmy Jubran, part owner of Jubran Investments, introduced himself. Mr. Jubran advised that this building has been operating as hotel/motel apartments since it was originally built. Their intent is to convert the building to office use and clean it up. In response to Ms. Pillmore's question as to how many more parking spaces are needed if converted to office use, Mr. Jubran responded that they currently have 16 parking spaces and would need an additional 10-12 spaces. Mr. Worley explained that most of the existing businesses along Ocean Boulevard rely on on-street parking for their customers and possibly for their employees. The parking spaces in back have most often been used for the motel space upstairs. Mr. Worley discounted the ground floor for parking calculations in this particular case because of the unusual circumstances. The sixteen existing motel rooms upstairs require sixteen parking spaces. Mr. Jubran has twelve parking spaces,two of which are unusable, leaving ten parking spaces. Mr. Jubran's proposed plan, based on the square footage upstairs, requires twenty-two parking spaces. • Minutes of Community Development Board November 21, 2000 Page 3 Mr. Worley stated that the existing on-street parking adequately serves the ground floor retail spaces. . In addition, Mr. Worley stated that the shortage of parking spaces for the upstairs should be mitigated by reducing the number of offices upstairs. Discussion was held with regard to placing the elevator inside the building. Mr. Jubran stated that he would consider placing the elevator inside the building but would need to determine the cost. Discussion was also held with regard to the proposed façade of the building. Mr. Worley stated that the applicant could be requested to provide an artist rendering as the project progresses. Mr. Gulliford moved to defer this variance request until the next meeting to allow the applicant time to investigate the cost of installing an internal elevator and the cost of enhancing the exterior of the property to be consistent with Town Center. The motion died for a lack of a second. Mr. Jubran stated that he would like to proceed and asked if the Board could approve the application subject to approval of the artist rendering. Mr. Wolfson advised Mr. Jubran that action at this point in time could possibly include a provision requiring an interior elevator. Mr. Wolfson also advised Mr. Jubran that if the application were deferred,this would allow Mr. Jubran to return to the Board in 30 days with an understanding of the cost of the internal elevator and an artist rendering of the façade. Mr. Jubran requested the Board defer his application. Ms. Pillmore moved to defer this variance request until the next meeting. Mr. Gulliford seconded the motion,which passed by unanimous vote. 1111 c. Application for Variance filed by S. Brett Hammond to construct a swimming pool and addition to existing nonconforming property located at 2348 Seminole Reach Drive. Mr. Jacobson stated that he is a neighbor of Mr. Hammond and disqualified himself from voting on this matter. Mr. Brett Hammond introduced himself to the Board and stated that he is applying for a variance to construct an addition and a courtyard pool. Mrs.Walker asked Mr. Hammond for clarification on the proposed changes to the house. Mr. Hammond explained that they currently have a walk-in kitchen and his wife would like a formal dining room. This would expand the downstairs area by four feet. In response to a question from Mr. Gulliford, Mr. Hammond admitted that it was difficult for him to state there is a hardship. However,the variance he is requesting is less than three feet. Ms. Pillmore asked Mr. Worley if there is any way to move the pool closer to the house. Mr. Worley responded that from a physical standpoint and a construction standpoint, it could be done. Mr. Frohwein moved to deny the variance request and Ms. Pillmore seconded the motion. Discussion was held with the applicant with regard to the procedures if the application is denied. Mr. Hammond requested his application be withdrawn. Mr. Frohwein moved to withdraw the motion and Ms. Pillmore seconded the motion. • Minutes of Community Development Board November 21, 2000 Page 4 d. Application for Variance filed by James Watson to reduce the rear yard setback to construct a 1111 home and to save a 62" Oak tree in the front yard at the property located at the corner of Fifth Street and Sherry Drive. Mr. James Watson of 325 Sawmill Lane, Ponte Vedra Beach, introduced himself as the owner of the lot on the corner of Fifth Street and Sherry Drive. Mr. Watson stated that he would like to build a house on this lot. Mr. Watson advised that the Tree Conservation Board requested that Mr. Watson apply for a variance to allow the house to be built further back on the lot in an attempt to save a 61" oak in the front yard. He stated that moving the house five feet further back on the lot would be beneficial to the health of the tree and would also allow a courtyard where the tree's drip line is more prominent. Mr. Wolfson commended the applicant on his efforts to save the oak tree. In response to a question from Mrs. Walker, Mr. Watson stated that it is the homeowner's intention to retain the tree. The homeowner proposed submitting a request to have the oak tree designated a"Champion Tree." Discussion was held with regard to the process involved in designating the tree a"Champion Tree." Ms. Pillmore requested that any future requests received from another City Board or Committee contain the Minutes of the pertinent meeting. Mrs. Walker requested that if the Board recommends designating the tree a"champion tree",that Mr. • Wolfson communicate this request to the Commission. Mr. Wolfson stated that he would communicate this request to the Commission and the Tree Conservation Board. Mr. Gulliford moved to approve the request and with that approval to forward to the City Commission an acknowledgment of the property owner's willingness to have the tree designated a "Champion Tree." Mr. Frohwein seconded the motion,which passed by unanimous vote. Mr. Wolfson cautioned the applicant to protect the root system of the oak during construction. 5. Reports and Announcements Mr. Worley advised that another code workshop between the Community Development Board and the City Commission was to be scheduled for 5:00 p.m. the day of the next regularly scheduled Commission meeting. Mr. Worley stated that Mrs. Walker and Ms. Pillmore were up for possible re-appointment this year and that typically the election of officers occurs at the Board's January meeting. 6. Adjournment There being no other business or discussion,the meeting was adjourned at 9:25 p.m. SIGNED Zaidir_ ATTEST �./� I_/1441 111 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION,AUTHORITY, OR COMMITTEE DRS�Y-,kt( c..5—. SIe v G) " ' MMAILINGASS THE BOARD,COUNCIL, COMMISSION, OR COMMITTEE ON _ WHICHHI SERVE IS A UNIT OF: Oil- !- ,)C c'irL 1-1-?P),? )2-d11'JD� d ,/CITY i ! COUNTY OTHER LOCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: p-)--)1n - )'C. ( e,_ V2.,.ve2 1 p")2Y17`)'c (5e.-26:), DATE ON WHICH VOTE OCCURRED MY POSITION IS: Pk V, , 1/ 2 D p 0 ,' ELECTIVE 7APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES •TED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. i IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for ding the minutes of the meeting, who will incorporate the form in the minutes. opy of the form should be provided immediately to the other members of the agency. •• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. l)R\I xB I0-86 PAGE I , IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within l5 days after the vote occurs with the person responsible for recording the minu of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ),,k-e-1 ,r. J c e on _, hereby disclose that on ThVt ,Jer 2 ) , Iv • o • (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of _ , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 0uo71G2 a y )7,--€ . 0 � Dv�rr, r — ` — 2_1c--#1-44-6-24-e--r---‘e-42°"-- ._ Date Filed Signature I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.