08-19-97 v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
August 19, 1997
7:00 P.M.
CITY HALL
PRESENT : Don Wolfson
Robert Frohwein
Mary Walker
Pat Fillmore
Buzzy Grunthal
harette Simpkins
AND : George Worley, ll, CD Director
Pat Harris
ABSENT : Alan Jensen, Esquire
Mark McGowan
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of July 15, 1997 meeting. On motion made and seconded and
after correcting a minor typographical error the rnirnutes were approved.
I. Application for Use-by-Exception filed by Gaetano Tabocchi to operate a
contracting business to warehouse, trim, edge and polish imported marble and granite at
property located at 1177 Atlantic Boulevard.
Ron Isaaco introduced himself and explained that he represented the applicant as
the real estate broker. He also introduced Anthony D'Angelo, business associate with Mr.
Tohacchi, and would act as interpreter as Mr. Tohocchi could not speak english.
Mr. Isaaco stated that the applicant would be importing, trimming, sanding and.
polishing granite and marble for wholesale and retail sale.
Mr. Worley explained that the applicant would be processing the marble and would
not be fabricating anything on site.
After discussion, the application was amended to incorporate items 6, 7 and 10
under the Commercial General Zoning District.
Mr. Wolfson moved to recommend approval of the use-by-exception as amended
above, solely to the applicant and only for the stated location. Ms. Pillmore seconded the
motion and it passed unanimously.
II. Application for Use-by-Exception filed by Thomas Nilson to operate a limited
wholesale operation for wholesale of products for bleaching teeth at property located at
374 Ahern Street.
Attorney Susan Green, representing the applicant, introduced herself to the board
and explained that the applicant produces a product used by dentists and dental product
distributors for the purpose of whitening teeth. She stated that the product would be
delivered to the building and repackaged for sale and distribution.
Thomas Nilsen introduced himself to the board and stated that deliveries of the
product would be made approximately once a month and the product would be packaged
for sale at the property. He also stated that there would be no outside storage and al+work
will be completed inside the building.
After discussion, Mr. Frohwein moved to recommend approval for the use-by-
exception solely to the applicant and only for the specified location. Mr. Gfunthal
seconded the motion and the request was unanimously approved.
III. Presentation by Atlantic Theaters explaining delays in conformance with
requirements regarding landscaping.
Jim Klement, agent for Kent Theaters, introduced himself to the board. He also
introduced Jack Davis, Jamie Kent, Mike Spivey and Dan Smith, all employees or agtnts
of Kent Theares.
Mr. Klement stated that they were cited by the Code Enforcement Board for
noncompliance with the landscaping requirements. He mentioned issues such as working
with adjacent property owners to achieve combined efforts in landscaping. He stated that
his company was ready to move forward with compliance and was hoping for
communication and clarification to the Code Enforcement Board that compliance was
forthcoming. He gave a time frame of sixty days for compliance and would commence the
remaining work immediately.
The board members expressed disappointment with lack of progress regarding
completion of the work involved.
After discussion, it was the consensus of the board that the director write a
memorandum on behalf of the board to the Code Enforcement Board informing them of the
presentation by Kent Theaters and include a suggestion for compliance within 60 days
from tonight's meeting and to impose maximum fines for further noncompliance.
DISCUSSION ITEMS:
I. Mr. Worley submitted a memorandum setting forth the assessed value of the
improvement and value of the construction addition. He indicated that the original building
area was 2,028 square feet and the addition area is 800 square feet.
Mr. Wolfson requested that staff obtain from the owner of 501 Atlantic Boulevard
verification of the valuation of the construction in order to ascertain a percentage of
improvements and thereby determine potential compliance with the landscaping ordinance.
Mr. Worley explained that the valuation of proposed construction is submitted by
the contractor or owner and the Building Official calculates the valuation by figures taken
from the Standard Building Code.
Mrs. Walker stated that the board is acting after the fact and the percentage of the
assessed valuation and improvements should be obtained from day one.
Mr. Worley stated he would consult with the City's legal counsel to determine if he
should request an affidavit from the parties regarding verification of the valuations and how
far the City can proceed in this regard.
It was the consensus of the board that figures be obtained from the Standard
Building Code in calculating the valuation of the construction and that the numbers be
consistent in each case to determine whether or not the improvements are 50% of the
assessed value and thereby triggering whether compliance with the landscape code is
applicable.
II. Mr. Worley furnished the board with a memorandum regarding the 8-foot
nonconforming fence located at 89 West 4th Street. He stated that he has talked to Mr.
Johnson, owner of the property, and requested documentation in connection with the fence
or be brought before the Code Enforcement for compliance.
III. The board discussed procedures for appeals of its decisions to t-he City
Commission.
Mr. Worley explained that the City Commission could not hear an appeal of the
board's decision without first having determined that the board acted illegally.
The board requested that staff request from Alan Jensen interpretations regarding
the specific appeals process contained in Chapters 14 and 24.
The Chairman requested that the issue of the nonconforming fence at 89 West 4th
Street be placed on the agenda for the next meeting.
Mrs. Walker expressed her concern regarding placement of air conditioning
equipment and the eyesore created thereby.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED . cO NN, 1 = I
ATTES' — [fir'