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03-15-88 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA March 15, 1988 7:00 P. M. CITY HALL PRESENT: W. Gregg McCaulie, Chairman Ruth Gregg John Bass Donald Tappin AND: Claude L. Mullis, City Attorney Rene' Angers, Recording Secretary Richard Fellows, City Manager AND: Bill Watson Stephen H. Mabry John C. Landon ABSENT: L. B. MacDonell, Vice Chairman Samuel T. Howie Frank Delaney Chairman McCaulie called the meeting to order at 7:00 p. m. He asked for additions or corrections to the minutes of the meeting of February 16, 1988. There being none, Mr. Tappin motioned that they be approved as presented. Ruth Gregg seconded the motion which carried unanimously. NEW BUSINESS A. APPLICATION FOR ADMINISTRATIVE APPEAL TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD; 410 OCEANWALK DRIVE SOUTH BY PAUL CHIARAVALLE Mr. Bill Watson, 14130 Crystal Cove Road, Jacksonville, stated that he represents Mr. Chiaravalle. Mr. Watson stated that the gazebo would be a very open structure and that view from the main house would not be obstructed. The slab had been poured and the four corner beams, and possibly part of the roof structure had been constructed when the building inspector stopped the work. He stated that the developer had approved the plans and thought the City had also. Ed Barbarito, 2225 Oceanwalk Drive West, lives 50 yards from the subject house. He asked the Board members to go out and look at the house before making any decision. He stated that he was vehemently opposed to the gazebo. Laura Miller stated that she owns the lot across the street. She stated that she was opposed to the mustard-gold, red and black color combination. , Jenny Reese, 2340 Beachcomber Trail, stated that the house is not in keeping with the rest of the neighborhood and that she is totally opposed to it. She felt they would have to live with the house since it had been approved, but that the gazebo is a seperate structure and should not be approved. Don Gaperwill, 375 Fourth Street, stated that he owns a lot in Oceanwalk near the Chiaravalle house and that if the gazebo is anything like the main house, he was against it. Chairman McCaulie advised the members of the audience that the Board had no control over aesthetics, that it was up to the developer to approve such things as design and color combinations. Mr. Mullis stated that the Building Official has interpreted the structure as an accessory building, and an accessory building must be in the rear yard. He felt the Board's responsibility was to determine whether the Building Inspector was arbitrary, capricious, or wrong in his interpretation of the law. Mr. Tappin stated that he been out and looked at the structure. He motioned to deny the appeal and uphold the decision of the Building Inspector. Ruth Gregg seconded the motion. The motion carried unanimously. B. APPLICATION FOR SEPTIC TANK VARIANCE LOT 6, BLOCK 39, SECTION H; BY STEPHEN H. MABRY Chairman McCaulie opened the public hearing and asked for comments on the application. There was no one present to discuss the application. Mr. Tappin motioned to recommend denial of the application, as no hardship has been presented. Ruth Gregg seconded the motion which carried unanimously. C. APPLICATION FOR REAR YARD VARIANCE, A 50'X 50' LOT BEING PART OF TRACT 4, NORTH ATLANTIC BEACH, UNIT NO. 1; BY JOHN C. LANDON (ANNEXED FROM JACKSONVILLE, JANUARY 1987) Mr. Landon stated that he was requesting relief from the 20' rear yard requirement so that he could construct a garage-apartment- type building on the small lot that has been in his family since 1943. He added that he owns the lot across the street and one of the two lots that back up to this lot. Mr. Landon felt he could not build without relief from the 20' yard requirement. There being no one else present to discuss the item, Mr. Bass motioned to approve the application. Ruth Gregg seconded the motion. The Board considered the findings of fact and determined that a hardship exists in that Mr. Landon could have built on his lot with a 10' rear yard prior to annexation. The vote was called. The motion to approve the application carried unanimously. RECONSIDERATION OF ITEM "B" - APPLICATION FOR SEPTIC TANK VARIANCE LOT 6, BLOCK 39, SECTION H; BY STEPHEN H. MABRY Mr. Stephen Mabry arrived late and asked the Board to reconsider his application for septic tank variance. Ruth Gregg motioned to reconsider the application. Mr. Tappin seconded the motion which carried unanimously. Mr. Mabry stated that he has owned the lot for five years and that he and his wife planned to open an 1800 sq. ft. office for Mabry Construction Company. He stated that he currently has a home occupation in the City of Jacksonville Beach to operate his company, but that he was moving to Atlantic Beach and wanted to establish a business location in a commercial district. He stated that he had obtained two estimates, $12, 000 and $16, 000 to install the sewer. Ruth Gregg motioned to recommend approval of the application subject to him connecting to public sewer when it becomes available. The motion was seconded by Mr. Bass and carried unanimously. * * * * * MISCELLANEOUS BUSINESS Ruth Gregg requested that the minutes be more in depth when an item is denied. She stated that she had received a call from someone wanting to know "who said what in 1982" and the minutes didn't reflect "who said what and why it was turned down". Mr. Mullis reminded the Board that they do not have to tell anyone why they voted a certain way. Mr. Tappin felt that many times there is no one reason that an item is denied. The secretary added that the recorded cassett tapes of the meetings are kept on file for verbatim record. Chairman McCaulie asked "how many times is some one going to call and ask a question verses how much extra time it 's going to take to type the minutes". He added that the first item of business at each meeting is whether there are any corrections or additions to the minutes and that the Board members should feel free to make corrections or additions at that time. * * * Mr. Mullis stated that after extensive hearings the judge announced that he is entering a temporary injunction to close THE BIG L on Mayport Road. * * * Mr. Mullis stated that he has been using the Community Development Board as a model to other cities he represents, as far as consolidating boards, commissions, and agencies into one body. He added that the Board has done a tremendous job. • 0 * ) 1 W. regg M•iP-ulie, Chairman