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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'