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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. ` y 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. i� J; J; * * * * * * * * i 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. uvt* � W. Gre:• `s: ie, Chairman