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12-16-97 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA December 16, 1997 7:00- CITY HALL PRESENT • Don WolfPso.Mn Robert Frohwein Sharette Simpkins Pat Pillmore Mark McGowan AND Alan Jensen, City Attorney George Worley, II, CD Director Pat Harris, Recording Secretary ABSENT • Mary Walker Buzzy Grunthal Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of October 21, 1997. Upon motion made and seconded the minutes were approved. He asked for approval of the minutes from the meeting of November 18, 1997. On motion made and seconded the minutes were approved. I. Application for Variance filed by Thomas Weirich to construct a sunroom that will encroach the rear yard setback at property located at 70 West 7th Street. ThomasWeirichintroduced himself to the board and introduced his-contractor, Kevin Booth of Patterson Home Improvements. Mr. Patterson presented the board with examples of some of the sunrooms that his company builds. He explained that the applicant's wife is an invalid and is home alone quite often as Mr. Weirich is in the military. He stated that the proposed sunroom would encroach the rear yard setback requirement by five feet. Mrs. Pillmore read the conditions contained in the ordinance which the board makes its decision. Mr. McGowan further explained to the applicant that the board has to find a hardship that exists that is peculiar to the land in making its determination. The Chairman explained to the applicant that the board could proceed with the action and if the request is denied the applicant could appeal to the City Commission if he felt the board acted illegally. He also told the applicant that he could defer the request in order to present an alternative plan. The applicant requested the board take action at this meeting. After discussion, Mr. Frohwein moved to deny the variance request. Mrs. Pillmore seconded the motion and the variance was denied by a unanimous vote. II. Application for Variance filed by Victor J. Lord to construct a two-car garage and second floor addition to an existing nonconforming residence at 1849 Ocean Grove Drive. Mr. Lord introduced himself to the board and explained that he desired to convert a one car garage into a two-car garage and construct an addition over the garage. Mrs. Pillmore, in accordance with the staff recommendation, moved to grant the variance provided the proposed addition does not further encroach the required setback. Mrs. Simpkins seconded the motion. Mr. Frohwein mentioned that the request mirrors concerns that Mrs. Walker previously voiced with granting variances to existing nonconforming structures. He stated that this request is to enlarge the nonconformance. Mr. McGowan asked Mr. Jensen if the board granted the request would it conflict with paragraph 4 of the conditions contained in the ordinance. Mr. Jensen replied that he did not believe so in that the board has typically in the past granted variances to existing nonconforming structures provided they did not further encroach the setback even though they are enlarging the area of construction. After discussion, the variance was granted with three aye votes from Mr. McGowan, Mrs. Pillmore and Mrs. Simpkins and two nay votes from Mr. Frohwein and Mr. Wolfson. III. Application for Preliminary Plat Approval submitted by Beaches Counseling Associates to construct a twenty unit townhouse complex at property known as Lots 3 through 6, Block 74, and Lots 1 through 6, Block 75, Section H. Lynn Klein representing Beaches Counseling introduced herself to the board and explained that the application is to replat ten contiguous lots into a single parcel to allow construction of a 20 unit townhouse complex with off street parking and common amenities such as a swimming pool. Additional details, including approximate floor plans, setbacks, parking locations and easements are indicated on the plat drawing. After discussion, Mr. Frohwein moved to recommend to the City Commission that the replatting be approved. Mrs. Pillmore seconded the motion and it passed unanimously. IV. Application for Variance filed by Stephanie Reed on behalf of Catherine L. Bullock for subdividing Lots 1, 3 and 5, Block 4, Subdivision "A" into two conforming lots and one nonconforming lots. Lee Buck, Realtor and also long term friend of the family, introduced himself and presented a Power of Attorney from Mrs. Bullock authorizing him to act on her behalf in connection with the application. He explained that Mrs. Bullock is 90 years old and does not get out at night. He stated that it is the intention to sell the property and that his company recommended that the property be subdivided so that each piece of property will have 7,500 square feet so that if the buildings were demolished they could be reconstructed to code. He added that by changing the property lines the structure at 254 and 266 would require a variance for the front yard setback as it would only be 12.4 feet. He stated that because of the location of the southern building, no division of the lots is possible without continuing a nonconforming situation. In response to the Chairman's question regarding a hardship on the land, Mr. Worley stated that in his opinion the hardship is created by the placement of the structures on the property. It was determined from the applicant that the structures were built in 1934, 1936 and 1937 and have remained in the Bullock family since construction. After discussion, Mr. McGowan moved to grant the variance as requested. Mr. Frohwein seconded the motion and the variance was unanimously granted. V. Application for Use-by-Exception filed by Finis and Nicole Bennett to operate a retail flower shop at property zoned RG2 and located at 100 Seminole Road. There being no one to speak on behalf of the application, action was deferred until the next regularly scheduled meeting. DISCUSSION ITEMS: I. Discussion of nonconforming fence/wall at 1850/52 Beach Avenue. Mr. Worley explained that at the time of construction of a duplex at the location a six foot wall was built around the north and east property lines presumably as part of the building permit since no fence permit was located. The owner of the south unit constructed a continuation of the six foot wall around a vacant lot adjacent to his unit. The addition was permitted by the city as a continuation of the existing wall. Mrs. Fillmore suggested that the public needs to be more informed in matters of nonconforming structures and what the ordinances requires in various situations. The chairman expressed his concern with how long it took to place this discussion item on the agenda. He stated that a stop work order was placed on the fence and code enforcement felt that there was a continuation of a violation in this case and historically has been and continues to be a blatant violation. He stated that the wall was originally put up by Mark Kredell in complete disregard of the building codes of Atlantic Beach. He stated he felt the structure should be brought into compliance by the removal of two blocks from the top of the wall. Mr. Worley stated that he would pursue this matter with the Code Enforcement Officer. He stated he would also be submitting regular articles to be included in the City's Newsletter regarding specific code requirements. II. Report on existing nonconforming building at 89 West Fourth Street. Mr. Worley conducted extensive research into the situation regarding the metal buildings located at this property. He presented to the board an aerial photograph dated in 1958 showing the existing buildings in existence long before current zoning codes were adopted. He explained that any addition to the buildings would require a variance. It being the last meeting for Mark McGowan, the Chairman expressed his appreciation for his contributions in serving as a member of the board. There being no further business to come before the board on motion duly made the meeting was adjourned. :::b ,�'eQ M _ Gi '