12-17-85 v MINUTES OF THE ADVISORY PLANNING BOARD
CITY OF ATLANTIC BEACH
December 17, 1985
CITY HALL
7:00 P.M.
PRESENT: W. Gregg McCaulie, Chairman
Ruth Gregg
Ron D. Gray
AND: Rene' Angers, Recording Secretary
ABSENT: Guy M. Jennings
Chairman McCaulie called the meeting to order at 7:05 p.m. He asked if there
were any comments or corrections to be made to the minutes of the meetings of
October 29, 1985 or November 19, 1985. There being none, Chairman McCaulie
motioned that they be approved as presented, Ron Gray seconded the motion
which carried unanimously.
Commissioner Morris addressed the Board. He stated that on November 25, 1985
the Commission, through the advice of the City Attorney, introduced Ordinance
No. 95-85-27. He stated that the Constitution of the State of Florida
prohibits an individual from holding two municipal, county, or state offices.
He stated that he would no longer serve on the Advisory Planning Board and that
a new member would be appointed. Commissioner Morris added that it had been
a pleasure serving on the Advisory Planning Board and wished the Board luck
in its endeavors.
Chairman McCaulie called the Board's attention to the New Business before the
Board.
NEW BUSINESS
Item A. Request for Use by Exception; Robert Hall; Lot 5, Block 38, Section H;
for an automotive service garage in a CG district (grandfathered in) .
Mr. Hall stated that he was applying for a use by exception due to the recent
rezoning along the Mayport Road corridor. He stated that he had been in
operation at this location for over three years.
There being no one present to object to the request, Ron Gray motioned to
recommend approval of the request. Ruth Gregg seconded the motion which carried
unanimously,
Item B. Request for Use By Exception; Ray Locklear; Lots 2 and 3, Block 38,
Section H; for sale of automobiles in a CG district.
Minutes of the Advisory Planning Board
December 17, 1985
Page 2
The Chair recognized Mr. Ed Patterson, 670 Plaza. He stated that he has known
Mr. Locklear for seven years and that he was familiar with his operations.
He stated that it was always neat and well kept.
Mr. Locklear stated that he had previously applied for rezoning of the property
but that the request had been tabled.
There being no one present to object, Ruth Gregg motioned to recommend approval
of the request. Ron Gray seconded the motion which carried unanimously,
Item C. Request for Use by Exception; George M. Kaser; 1509 Mayport Road; for
a childcare center in a CG district.
M . Kaser, 1107 1st Avenue North, Jacksonville Beach, stated that he was moving
his existing business to an ILW district and that they wanted to open a day care
center in the existing building (corner of Mayport Road and Donner's Road) ,
He introduced Mrs. McGuire who would be actually running the center. She is
a licensed daycare worker and has 10 years experience.
The Board expressed concern that the building was so close to Mayport Road and
of the planned traffic circulation (loading and unloading of children) ,,
M . Kaser asked if there were some way he could re-organize the traffic circulation
that would satisfy the Board. Mr. Gray suggested that the ingress and egress be
restricted to Donner's Road. After a discussion on the matter Ron Gray motioned
to recommend approval of the request subject to the ingress and egress for the
loading and unloading of children being limited to Donner's Road. Chairman
McCaulie seconded the motion. Chairman McCaulie asked if the entire property
would be fenced. /tr. Kaser indicated that the entire property would be fenced
except for the entrance. The vote was called. The motion to 'recoimiend approval
carried unanimously.
Item D. Request for Use by Exception; Allan E. Frosio; 151 Club Drive; for a home
occupation in an RS2 district.
Mr. Frosio stated that his contracting business is involved predominantly in an
oversight capacity; all work is subcontracted out; that the house would only be
used for telephoning, maintaining the accounting books, and an occasional meeting
with a subcontractor.
Chairman McCaulie asked how long he had lived at the address. He replied that the
house has belonged to his family for 15 years, and that he has been renting it from
his mother for the last six months. Chairman McCaulie asked if he has been in
operation at the address thus far. Mr. Frosio stated that due to ignorance of the
law he had been in operation for six months.
The Chair recognized Mr. Bob Brown, 826 Ocean Boulevard.
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Advisory Planning Board
December 17, 1985
Page 3
Mr. Brown objected to the request. He stated that a Duval County ordinance states
a construction business can not be located in any residential district. He stated
that Allan Frosio is not a licensed contractor; that his partner/brother, Robert
Frosio is licensed. His main concern was the traffic on Club Drive. He felt it
was a hazard, adding that small children play in the street.
Chairman McCaulie asked Mr. Brown if he had noticed an increase in traffic on Club
Drive in the last six months. Mr. Brown replied that there had been no change
and that he was not aware that Mr. Frosio had been conducting his business out
of his home. Chairman McCaulie asked Mr. Fellows if the Board's decision may be
in conflict with a county ordinance. Mr. Fellows replied that no county ordinance
is effective within a city unless the city gives its permission.
Ron Gray stated that Mr. Frosio should be commended for asking for a use by exception
when he had already been in business. He motioned to recommend approval of the
request. Ruth Gregg seconded the motion which carried unanimously.
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MISCELLANEOUS BUSINESS
James Batts, III, certified maiming pool contractor with The Batts Company, Jacksonville
Beach, stated that there is a conflict in the Atlantic Beach code as to pool setbacks.
(Section 24-151; Accessory Uses and Structures; permits 5' rear setback: Section 24-164;
Swimming Pools; requires 8' rear setback.) Mr. Batts stated that he has built pools
throughout Florida and that the setback is generally 5' minimum or 1' of setback for
each 1' of depth of the pool.
Ron Gray stated that (Section 24-151, (3) f.) he did not feel a swimming pool should
be classified as a "building". After a discussion Mr. Gray motioned that Section
24-164 (2) c. be amended to read 1' of setback for each 1' of depth of swimming pool.
Chairman McCaulie seconded the notion which carried unanimously.
Chairman McCaulie motioned to recommend that Section 24-151 (3) In any zoning district: ,
the following phrase be added "except as to private swimming pools", Ron Gray seconded
the motion which carried unanimously.
There being no further business to come before the Board, the meeting was adjourned
at 8:46 p.m.
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W. Gre:• `s: ie, Chairman