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05-19-87 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA May 19, 1987 CITY HALL Present: W. Gregg McCaulie, Chairman Louis B. MacDonell, Vice Chairman Samuel T. Howie Frank Delaney Donald Tappin John Bass And: Rene' Angers, Recording Secretary And: Mark Wynne Mark J. Kredell Terry McCue Terry Parkerson The meeting was called to order at 7:00 p. m. Chairman McCaulie asked for a motion on the minutes of the meeting of April 21, 1987. Mr. MacDonell motioned to approve the minutes as presented. Mr. Tappin seconded the motion, which carried unanimously. NEW BUSINESS A. Application for Rear Yard Variance from 20' to 13' ; Lot 7, Selva Marina Unit 10-B, 1820 North Sherry Drive, by Mark and Gail Wynne Mr. Wynne presented statements of no objection from three of his immediate neighbors. He stated that he planned to construct a screened enclosure over an existing wood deck in order to keep his jacuzzi free of leaves from the many trees in the area. He added that his contractor had already constructed the enclosure (prior to obtaining a building permit ) and that it is being held at their factory. He stated that moving the jacuzzi would be very costly and impractical due to the layout of the house. Mr. Howie motioned to approve the application. Mr. Bass seconded the motion. Mr. MacDonell felt that this was a self-created hardship. Mr. Delaney felt that the trees were a special condition of the land. The vote was called. The motion for approval carried five to two. McCaulie and MacDonell voted no. B. Application for Rear and Side Yard Variance; Part of Government Lot 4, Fractional Section 9, Township 2S, Range 29E, 50' x 50' parcel on the southwest corner of Beach Avenue and 18th Street, by Mark J. Kredell Mr. Kredell stated that the Board should act favorably on his application because 1 ) the Board had ruled favorably on a similar lot, 500' from his property, at the previous meeting; 2) finimum rear yards under the City of Jacksonville's zoning regulations are 10' ; 3) the property would have been a lot of record in Atlantic Beach since it was recorded prior to July 26, 1982. Mr. Delaney felt this was a different situation than the previous application in that Mr. Moller had owned his lot since 1943 and could be considered grandfathered-in and Mr. Kredell had only owned his property since 1986. Dezmond Waters, 1835 Beach Avenue, stated that there once were covenants and restrictions that provided for these small parcels to be used for parking. Mrs. Ann Rogers, 1163 Beach Avenue, pointed out that that area of Beach Avenue was previously named Garage Approach Roadway. The following residents spoke against the application : Elliot Zisser, 1937 Beach Avenue; Don Wolfson, 1725 Beach Avenue (representing the North Duval Beaches Association) ; Lisa Pelkey, 1887 Beach Avenue; Susan Smith, 1875 Beach Avenue. Several other residents stood to show their opposition. Mr. Kredell asked the Board to defer consideration of his application due to the negative reaction he had received; and to allow him time to do further research and to allow the Board time to consult the City Attorney. He later added that if the Board knew exactly what could be built on the property he would rather they take action tonight. Mr. Delaney asked if he would rather the Board vote on the application of if he would rather withdraw. Mr. Kredell replied that he wished to withdraw. Chairman McCaulie stated that, unless the Board had strong opposition, they would permit him to withdraw. Mr. Delaney and Mrs. Gregg had strong oppositions. Mr. MacDonell motioned to allow Mr. Kredell to defer his application until the City Attorney could be consulted. The motion died for the lack of a second. Mr. Delaney motioned to deny the application. Ruth Gregg seconded the motion. Mr. Tappin felt it was premature and unfair not to honor the applicants request to withdraw. After further discussion the vote was called. The motion to deny the application for variance carried unanimously. C. Application for Use by Exception for Retail Sales of Automobiles and Boats and for Temporary Relief from the Septic Tank Moratorium, Lots 1 through 4, Block 34, Section H, 600 Mayport Road, by Terry McCue Terry McCue, 1415 Treesplit Lane, Neptune Beach, stated that the property, 102' x 195' , would be completely fenced and that the entrance would be on Sixth Street rather than on Mayport Road. He explained that the city informed him that, if sewer does I , p exist, it is at a depth of approximately 12' which would be very costly for the city to locate. Mr. MacDonell motioned to recommend approval of the application for relief from the septic tank moratorium provided that he hook- up to city sewer when it becomes available; and to recommend approval of the application for use by exception subject to access being from Sixth Street rather than Mayport Road, that specific attention be paid to the findings of fact at the time he requests a permit, and that the exception be issued to Mr. McCue personally and not the land. Mr. Howie seconded the motion which carried unanimously. D. Application for a Home Occupation for an Asbestos Consulting Service, Lots 3 & 4, Block 127, Section H, 310 Orchid Street, by Terry Parkerson Mr. Parkerson stated that only clerical work would be performed from the home. All samples are obtained on-site and are taken directly to a laboratory. He added that there would be no signage and that a post office box would be listed in the phone book rather than the street address. Chairman McCaulie asked if Mr. Parkerson had been furnished with a copy of the home occupation regulations. Mr. Parkerson replied in the affirmative. Chairman McCaulie motioned to recommend approval of the application. Mr. Tappin seconded the motion which carried unanimously. * * * * * There being no further business before the Board, the meeting was adjourned at 8: 30 p. m. W. ► McCau ie, Chairman