02-16-99 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
February 16, 1999
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
Buzz Grunthal
AND Alan Jensen, City Attorney
George Worley, II, CD Director
Pat Harris, Recording Secretary
ABSENT • Sharette Simpkins
Dezmond Waters
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the special meeting of January 12, 1999. Upon motion made and
seconded the minutes were approved. The Chairman called for approval of the minutes
from the meeting on January 19, 1999. Mr. Frohwein noted two corrections to the
minutes and on motion made and seconded the minutes were approved as amended.
DISCUSSION:
Review of proposed amendments to the Zoning Code of Ordinances Sections 24-
81 through 24-113.
Regarding Section 24-81, the board discussed grade calculation when applied to
height restriction. The consensus was that grade calculation should be determined prior
to any filling of the property.
The board requested staff write a memo to the City Manager regarding issuing
field permits calculating the original undeveloped grade.
Under Section 24-82(g) the board discussed the use of the word "substantially"
and the means of enforcement thereof. They recommended changes including deleting
number 4, floor plan. Also, 24-82(I)(4)(f) should include "enclosed heated living area"
as noted in a,b,c, d & e.
The board discussed previous additions or deletions by them regarding 24-84 and
compared them with staffs notations relating thereto. Mr. Worley stated his notes on
(a) obstructions, reflect that "No such projection shall project more than 40% or 4-feet,
whichever is the lesser, of the width of the required yard of which they project".
Mr. Jenson stated that the wording was not clear and should read "shall project
more than 40%of the required yard from which they project or 4 feet whichever is less".
The board discussed double frontage lots with through streets and setback and
front/rear yard determinations.
Under Section 24-85 - Nonconforming uses or buildings was discussed by the
board.
Mr. Worley explained the difference between nonconforming structures and
nonconforming uses. A variance is necessary for either item.
Mr. Jenson said the board needed to look at their recommendations from a factual
standpoint in what they are trying to accomplish and he will review the proposed
changes from a legal standpoint.
Mr. Jensen stated he could rewrite the change to paragraph one of Section 24-85
and that it should be taken from a negative to a positive format reflecting that any
changes to nonconforming uses must be authorized by a variance instead of no changes
being made without the issuance of a variance.
The board discussed paragraph three regarding 50% of a nonconforming use of a
building being destroyed it cannot be reconstructed for the same use. Mr. Worley
suggested changing the language to read: "any such nonconforming uses of land or
buildings are discontinued or abandoned....it shall not be reconstructed for any
nonconforming use."
The board also separated paragraph 3 into paragraph 3 and 4 with paragraph 4
relating to the "50% of the assessed value of the nonconforming building.." issue.
Section 24-86 - Secondary Dwellings - The board discussed secondary dwellings
permitted in RG districts. The board suggesting striking RG-2 and RG-3 Districts.
The board expressed concern about density when discussing secondary dwellings
and the effect of through lots on increased density in the area.
Mr. Worley suggested the board consider for the next meeting the matter of the
State being more restrictive to oceanfront properties and what arguments may arise if the
City decides to increase the setbacks for secondary dwellings.
Mr. Frohwein asked staff to supply the definition of "dwelling, secondary" and
send it out with the definitions. He also requested staff provide copies of the
recommendations made at this meeting.
The board agreed to cover Section 24-86 through 24-177 at the next meeting.
There being no further business to come before the board on motion duly made
the meeting was adjourned.
SIGNED:
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