09-21-99 v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
September 21, 1999
7:00 P.M.
CITY HALL
PRESENT : Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
Dezmond Waters
AND : Alan Jensen, Esquire
George Worley, II, CD Director
ABSENT Sharette Simpkins
Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting held on August 17, 1999. Several scriveners errors were
corrected and the minutes were approved as corrected.
Application for Use-by-Exception filed by Cathy & Atillio Cerqueira to
construct a 7,500 square foot metal building a portion of which is to be occupied as a
cabinet shop owned by Bill & Rebecca Henry on property known as Lots 1,2,3,4,5,6,7,
Block 32, Section H and located at Mayport Road and West Fifth Street.
Mr. Worley explained that he was unable to submit a staff report because of the
hurricane and stated he would give a brief verbal introduction of each agenda item. He
stated that the applicant desired to design and construct a building with a portion being
used as a cabinet shop requiring an Exception.
The Chairman stated that the zoning classification should be CG and the applicable
item is 24-110(c)(10).
Mr. Worley stated that, based on previous applications, he recommend approval of
the use-by-exception for this portion of the building provided all plans and specifications
are designed to comply with all applicable building and zoning regulations.
Bill Henry introduced himself and explained that he has owned and operated his
cabinet shop in Neptune Beach for 14 years and that he desires to move said business to
Atlantic Beach. He stated that he is involved in a joint venture with Anthony Cerqueira,
owner of the property, and they desire to build a 15,000 square foot building and when
constructed he would purchase 7,500 square feet thereof for his business.
Atillio Cerqueira introduced himself to the board and stated that intends to construct
a building on the property and wanted to know up front whether or not the use-by-exception
would be granted prior to entering into the agreement with Mr. Henry. He expressed his
concern with problems that will be created upon the construction of the Mayport Road
Flyover.
After discussion, Mrs. Pillmore moved to recommend approval of the use-by-
exception for this location only and to the applicant only, and Mr. Waters seconded the
motion.
Concern was expressed by Mr. Waters regarding the proximity of a residential
neighborhood, outside storage and hours of operation.
Mrs. Walker stated her concern that the properly be adequately landscaped.
Mr. Worley stated that the applicant will be required to approximate the future use
of the building and establish parking spaces with future businesses being permitted to
operate at the location dependent upon whether or not enough parking spaces exist.
After further discussion, Mr. Waters moved to amend the motion to include that
there be no outside storage, no loud equipment being used after 9:00 p.m. and before 7:00
a.m. Mrs. Pillmore seconded the motion and the amended motion was passed
unanimously.
II. Application for Variance filed by Earl B. Hooten, II to construct an addition to
an existing nonconforming residence located at 172 Sixth Street.
Mr. Worley stated that the applicant owns a nonconforming lot with a nonconforming
building on it. The building is too close to the Sixth Street side yard where 15 feet is
required and too close to the rear yard where 20 feet is required. The applicant is
proposing to construct an addition to the west and south sides of the house which will bring
it to the front 20 foot requirement. He stated that there is an encroachment outside the
property on the right-of-way of Sixth Street which is not proposed to be removed. He
stated that the proposed addition will not encroach any further into the setback
requirements than the existing structure. He stated that based on prior actions of the
board regarding additions to nonconforming buildings where the buildings do not enlarge
an existing encroachment, staff recommends approval.
Responding to a question from the board, Mr. Jensen explained that the lot of
record is the entire Lot 6, Block 19 which is recorded and Mr. Hooten owns one-half
thereof.
Mr. Earl B. Hooten introduced himself and stated that he desires to remodel his
residence that will be an asset to Atlantic Beach. He stated that prior to applying for the
variance he met with Mr. Worley and went over all items in connection with the proposed
construction. He stated that the building was designed so that the total square footage
for the entire house will be 2292.
Architect Kevin Mulligan introduced himself and stated that the existing west face
of the house will be extending 13 feet toward Ocean Boulevard.
Bill Gellatly introduced himself and stated he is the builder for the applicants.
After discussion, Mr. Waters moved to grant the variance and Mrs. Pillmore
seconded the motion.
The members expressed concern with the height of the proposed structure as well
as the portion of property located on the right-of-way.
Mr. Worley explained that the applicant is proposing to add height to an existing
nonconforming building and part of that nonconformance is an encroachment into the City
right-of-way but that the drawings do not indicate that particular portion is increasing in
height.
After discussion, the variance was granted by a vote of 3 - 2 with Mr. Frohwein and
Mr. Waters dissenting.
The Chairman requested the members complete their variance worksheets and
deliver them to the Recording Secretary.
Ill. Application for Variance filed by William and Tricia Huggin to construct
an addition to an existing nonconforming residence located at 1258 Beach Avenue.
Mr. Worley explained to the board that the structure is an existing nonconforming
building that does not meet the side yard setback requirements on the north property line.
He stated that there is a minor encroachment on the south side which is negligible. He
stated that the applicants propose to construct a vertical addition as well as an addition to
the rear of the building which appears to connect it to an existing secondary building at the
rear of the property. That connection is at issue in that it would encroach into the rear
setback making the building more nonconforming that it is now. If that was the intent, staff
would have an objection to that connection. He added that a free standing structure
existing in the rear of the property is an accessory building with five foot setbacks.
Mr. Huggin introduced himself to the board and explained that his expanding family
needed additional living space. He requested alternative solutions to his proposal.
Mrs. Huggin introduced herself to the board and stated that there will still be two
separate structures because on interior door is proposed. She stated that she and her
husband would consider removing the secondary structure.
Mr. Worley stated that there is no minimum separation requirement between
accessory buildings and main residences.
After discussion, the applicants requested that their application be deferred until the
next meeting and will become Item I under old business.
DISCUSSION.
Mr. Worley assured the board members that a new modified zoning map will be
furnished to them.
The Board directed staff to place an agenda item for the next meeting to discuss
establishing a central business district zoning category.
The Board directed staff to schedule a special meeting to discuss amendments to
the zoning code.
Mrs. Pillmore requested the board place an item on the agenda to discuss traffic
problems that will be created due to the Mayport Flyover. The board directed that staff
communicate with David Thompson and report to the board at the next meeting.
The Chairman made a motion to have staff communicate with Mayor Delaney as
well as all others involved in the Hurricane Floyd evacuation of a job well done. Mrs.
Pillmore seconded the motion and it passed unanimously.
There being no further business to come before the board the meeting was
adjourned.
SIGNED-1
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