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.
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W. regg M•iP-ulie, Chairman