06-20-95 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH , FLORIDA
JUNE 20 , 1995
7 :00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
Sharette Simpkins
Scott Fletcher
AND Alan Jensen, City Attorney
George Worley, II , CD Director
Pat Harris , Recording Secretary
ABSENT Mark McGowan
Chairman Don Wolfson called the meeting to order and asked
for approval of the minutes from the meeting of May 16 , 1995 . Upon
motion made and seconded the minutes were approved.
NEW BUSINESS:
I . Reconsideration of Variance granted to Edward H. Morin on
April 19 , 1995 for property located at 1849 Seminole Road.
At the meeting on April 19, 1995 , Mr . McGowan moved to grant the
variance with the provision that it not encroach within the 25-foot
line of sight triangle required by Section 24-157 (b) . Mrs .
Pillmore seconded the motion with the request that Mr . Morin report
back to the board the results of the acoustic fence in reducing the
noise . Mr. McGowan further amended the motion by adding that the
fence be constructed within 60 days . Mrs . Pillmore seconded the
motion as amended. The motion was approved by a vote of 4 - 3 .
The Chairman explained that after the board granted the variance
to Mr. Morin there was a motion for reconsideration. Guidance was
requested from counsel and at the May 16, 1995 meeting the motion
for reconsideration was approved. Mr . Morin could not attend the
May meeting so the matter was scheduled for tonight ' s meeting .
By Roberts Rules of Order , reconsideration placed the original
amended motion back on the table as if no vote had taken place .
Mr . Fletcher moved to amend Mr . McGowan' s motion by striking
"that the fence not encroach within 25-foot line of sight traingle
required by Section 24-157 (b) " and insert "that the overall length
of the fence to the north be limited to and in line with the
southwest corner of the garage and to allow the fence to continue
east to the garage" .
Mr . Frohwein pointed out that the amendment would be granting
something not requested by the applicant . The City Attorney
advised that it would be inappropriate to amend the request for
variance without the applicant ' s consent . Mr . Fletcher withdrew
his motion .
Mr . Morin suggested to the board an alternative acceptable to him.
Mr . Morin stated that there exists on the property a 6-foot fence
and 3-foot fence. He requested that that he be allowed to amend
his application by tying in to the 6-foot section and set it back
from the north side of the garage approximately 8 feet .
Mrs . Pillmore moved to grant the original amended motion of Mr .
McGowan, with the amendment requested by Mr . Morin. Mr . Wolfson
seconded the motion.
Mr . Frohwein moved to strike the portion of the original amended
motion requiring Mr . Morin to report to the board regarding the
acoustic fence . Mr . Fletcher seconded the motion.
The Chairman stated Mr . Morin had agreed at the April 19 , 1995
meeting , to report to the board the results of the acoustic fence .
The Chairman called for a vote on the motion by Mr . Frohwein and
the motion failed by a tie vote with three aye votes from Mr .
Frohwein, Mr . Fletcher and Mrs . Walker and three nay votes from
Mrs . Pillmore , Mrs . Simpkins and Mr . Wolfson.
The Chairman called for a vote on the motion made by Mrs . Pillmore
to move the fence south 8 feet as described by Mr . Morin. The
motion passed with four aye votes from Mrs . Pillmore , Mrs .
Simpkins , Mr . Frohwein and Mr . Wolfson and two nay votes from Mr .
Fletcher and Mrs . Walker .
Mrs . Walker stated she wanted to go on record that she is opposed
to allowing a variance for a 6-foot fence in a front yard.
The Chairman called for a vote on the original motion made by Mr .
McGowan with the two amendments . The motion failed with three aye
votes from Mrs . Simpkins , Mrs . Pillmore and Mr . Wolfson and three
nay votes from Mrs . Walker , Mr . Fletcher and Mr . Frohwein.
Mrs . Fillmore moved to grant the variance for the fence as proposed
being 6-feet in height running from just off his property line
north, being 8-foot short of his original request and that Mr .
Morin need not report back to the board with his findings regarding
the acoustic fence and that the fence be completed within 60 days .
Mr . Fletcher seconded the motion. A roll call vote was taken and
the result was 3 aye votes from Mrs . Fillmore, Mrs . Simpkins and
Mr . Wolfson and 3 nay votes from Mr . Fletcher , Mr . Frohwein and
Mrs . Walker . There being no further motions , the variance was
denied.
II . Application for Use-by-Exception filed by Dewey Miller of
Imports Unlimited to allow outside storage of automobiles for his
repair and restoration business located at 157-D Levy Road.
Mr . Miller introduced himself to the board and stated that he has
been in business at this location 6 years . He explained that he
was previously granted a use-by-exception which he thought was
permanent but recently discovered through the Code Enforcement
Officer that the use-by-exception had been granted for only 120
days .
After discussion, Mrs . Fillmore moved to recommend approval of the
use-by-exception to the City Commission with the following
conditions :
a. All outside storage be within the fenced area ;
b. No dissassembled automobile be stored for more than 120 days ;
c . The use-by-exception be granted solely to the applicant for
the specified location;
d . The Code Enforcement Officers be allowed access to the storage
area and vehicles stored in violation must be immediately
removed and the use-by-exception may be revoke by the City
Commission.
Mr . Frohwein seconded the motion and it was unanimously approved.
III . Application for Variance filed by Charles Ackerman to
construct a swimming pool in the front yard of property located at
1760 Ocean Grove Drive .
Mr . Ackerman introduced himself to the board and stated that he
purchased the property two years ago and has remodeled the
structure extensively . He presented pictures to the board of the
improvements he has made to the property .
Mr . Ackerman explained that the area would be enclosed by a pre-
existing 6-foot wall on the front property line and by adding a 6-
foot wood fence on the south line and a 4-foot chainlink fence on
the north line with a security gate at the entrance . He stated
that the only access to a swimming pool in the rear yard was
through the garage . He indicated that if the variance was not
approved he may dispose of the property .
After discussion, Mr . Wolfson moved to deny the variance request .
Mrs . Pillmore seconded the motion and the variance was denied by
5 aye votes by Mr . Wolfson, Mrs . Walker , Mrs . Pillmore, Mrs .
Simpkins and Mr . Fletcher and 1 nay vote from Mr . Frohwein .
Mr . Worley delivered copies of proposed amendments to Chapter 24
of the code of ordinances to the members and requested they review
them and schedule special meetings for discussions regarding their
review. He stated he would like to deliver the amendments to the
City Commission by November 1 , 1995 .
The board decided to hold the first special meeting at 6 : 00 p .m.
on July 18 , 1995 .
There being • . f , the - si es: to come before the board on motion
duly made ! e e 4 as d .ourned.
SIGNED: __moi
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