Loading...
2002-10-15 (meeting minutes) vAGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, October 1S, 2002 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to Order and pledge of allegiance. 2. Approval of Minutes of the meeting of September 17, 2002. 3. Recognition of Visitors. 4. Old Business. .., a. ZVAR-2002-13, Pennington. The applicant has withdrawn this application. 5. New Business. a. UBE-2002-07, Paui F. McCormick (McCormick Auto Body). Request for a Use-by-Exception to allow an auto and truck service garage within the Commercial General (CG) Zoning District, on property located at 1198 Mayport Road and known as Westpark Plaza.. b. ZVAR-2002-17, John Bishop. Request for a Variance from Section 24-105 (e) (1) to reduce the required twenty (20) foot front yard to sixteen (16) feet to allow for the reconstruction. of a front porch for property within the RS-2 Zoning District and located at 544 Ocean Boulevard. c. ZVAR-2002-18, Michael D. Moore. Request for a Variance from Section 24-105 {e) (1) to reduce the required twenty (20) foot front yard to fourteen (14) feet to allow for the construction of an addition on property in the RS-2 Zoning District and Located at 208 Belvedere Street. d. ZVAR-2002-19, Coalson Contractors, Inc. Request for a Variance from Section 24-107 (e) (2) and (3) to reduce a required twenty (20) foot rear yard to four (4) feet and to reduce a required side yard from five (5) feet to two (2) feet, nine (9) inches to allow improvements to be made to an existing non-conforming structure, on °`'"'~'"~ property in the RG-2 Zoning District and located at 1610 Coquina Place. ~• e. ZVAR-2002-20, Cheryl and David Ulrich. Request for a Variance from Section 24-105 (e} (3) to reduce a required rear combined fifteen (1S) foot side yard by a distance of thirteen (13) inches, while still providing the minimum five (5) foot side yard setback, to allow construction of an addition on property in the RS-2 Zoning District and located at 329 Eighth Street. f. ZVAR-2002-21, Lantz Herman. Request for a Variance from Section 24-157 to allow fencing to exceed the four (4) foot height limit in the required front yard and to exceed the six (6) foot height limit in the required rear and side yards on property in the Commercial General Zoning District and located at 20 Levy Road. 6. Other reports or business not requiring action. a. Request by Chairman to discuss regulations related to location of swimming pools. 7. Adjournment. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida. If a person decides to appeal any decision ~.. made by the Community Development Board with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than S days prior to the date of this meeting. 2 lYIIlYUTES ~F lYl<EIETII~TG Cl~ CC~MIYII71'~ITY D~YEI..QPllI~N''I' ~tJAi2D 4c#oher 1~ 2002 A regular meeting of the Co~nunity 1?evelcapmctit bard ~~-as held Tuesday, £}etobcr 15, 2042, in the City Hall Commission Room. Present were Chair >~on Wolfson, Craig Burkhart, Robert Frohwein, marl ruue~ld, Community Development Director Sonya Doerr and Recording Secretary Susan Dunham. 1. Cali to Order The meeting was called to order at 7:.00 p.iii. Pledge of Allegiance 2. Approval of Minutes of Meeting of September 17, 2002 A motion was made by Mr; Burkhart; seconded by Mr Frohwen and unanimously carried to ,approve ttie Minutes of the Community Development Board meeting.af September 17, 2002. 3. Recognition of Visitors None. 4. UId Business a. ZVAR-20t?2-13, Rennin ton. 77ie a~~iiyz~hrvat~~rsfrvit lliis ~~plic~ti©ra. Dr. Barak of 2049 Seminole Road introduced himself and stated that he was speaking on behalf of Mr. McCormick. He stated that Mr. McCormick was a competent professional and had been an upstanding member. of the commtmity for many years. Mr. Grunewald expressed his concern with the numerous wrecked vehicles left for extended timie periods at Mr. McCormick's current location. Mr. McCormick responded that they ,dial not have enough spade to store vehicles at their current location, but they have 3,000 square feet of indoor storage at the new location and the storage lot at Doug's Towing, In response to a question from Mr. Frohwein, Mr. McCormick stated that he would not have a problem keeping the doors closed during hou, rs of operarion. NIr. McCormick also stated that he would not store any junk parts or stock parts. Mr. Burkhart asked that Mr. McCormick request the four parking spots across from the front door of the business be designated for this business. Mr. McCormick stated that it could be arranged. Mr. Wolfson expressed concern that Mr. McC.ormick's business was considered Light Industrial and this property was zoned Commercial General. He further expressecLconcern with ingress and ,egress. praperiv located at 1198 Mavport Roa~ct anctta~owcc as ~estuark Ptaza. Mr. Paul McCormick introduced himself and"stated thaf he was the owner of McCormick Auto Body; and has been in business for 13 years. He stated that he would lease this space if the Use-lzy Eazceptiorx were approved. He further stated that he realized that there was a parking problem at this location so he leased a lot at Doug's Towing t4 alleviate the parking problem. Minutes of Community Development Board October 1S. 202 Mrs. Karyn McCormick introduced herself as Mr. McCormick's wife. She stated in response to concerns addressed by Mr. Frohwein that their business required .that the doors be shut to keep out dust and debris and that the bay door would only be opened to bring. in a car and then it wo~tid he closed. She stated in response to Mr, Wolfspn's concern that since the bay door would be closed, no one would be able to tell what type of work was performed at this location. Mrs. McCormick stated. that they were addressing the problem of ingress. and egress by leasing space at another location. She stated that they intend to maintain a professional front, not a junkyard. Mrs. McCormick advised that they perform light vehicle damage work, restoration work and ,color ;change. Mr. Frohwein asked Mr. McCormick how long he expected to store vehicles at Doug's Towing. Mr. McCormick responded not more than several days. A motion was made by Mr. Frohwein and seconded by Mr, Burkhart to recommend. to the City Commission approval .of the T7se-by-E~cephon with the following conditions: 1. no outside storage, and .all vehicles, equipment, materials, and business activities. shall be maintained within the enclosed building; and 2. any vehicles stored at an alternative location (Doug's Towing) by this business will not remain in storage for more than thirty (3D) days; and 3, the work bay door will remain closed during- xeg.-ulax business hours; and regular business hours shall be S:~Oam until S:QOpm, Monday through Friday; anal 4. the four spaces, designated by the properky o_wner,_.to serge this McCormick's Body Shop shall be marked for and located opposite to this business. Ms. Doerr requested that Mr. Frohwein clarify... that- the _ condition-.limiting vehicles to 3Q days at Doug's .Towing are those associated with this business and. not other vehicles that may be at the towing business not related to this Mr, McCormick's business. Mr. Frohwein agreed, Mr. Wolfson requested that Board members recall that this building .was constricted for the. purpose of commercial office park. He stated that this business was considered Light Industrial and would be a preferred use in that district. Mrs. McCormick responded that they searched the beaches area. for Light Industrial property with no success. In response to questions from Mr. Frohwein,. Ms: Doerr stated that this business would be permitted as a Use-by-Exception. She further stated that she had a concern with the overall project-it was originally permitted as an office park, and it had developed-inta.ahnost all automotive uses. Mr. Burkhart Stated that as long ,as the bay door was kept closed and they did not store vehicles, he did not have a problem with this type of business in this building. He further stated, however, that he was concerned that the exhaust system be properly soundproofed. Discussion was held with regard to definitions- of aute~noti-ve-repair and .automotive service. The vote was called and Mr. Frohwein and Mr. Burkhart voted in favor of the motion, Mr. Wolfson and Mr. Grunewald voted against the motion. The motion failed to carry. - _ _ porch for property within the RS-2 Zoning District and located at 544 Ocean Boulevard Mr. John Bishop introduced himself and stated-that he-needed to rebuild. the front porch of his home due to termite damage. He stated that the front porch. is currently encroaching into the setback and he would ~- Minutes of Community Development Board October I5, 202 like to encroach further into the front side of the yard and extend the porch the width of his home. Mr. Bishop stated that the front porch would be used mainly for rocking chairs. In response to questions from the Board, Mr. Bishop advised that the requested porch would be 5' 11" requiring a 3' 11 ".variance. Mr. Wolfson asked Mr. Bishop to explain the hardship that he had with regard to the request to expand the porch. Mr. Bishop responded that his children play in the front yard, he enjoys watching them and, currently, the deck was not wide enough to accommodate a chair. Mr. Frohwein moved to deny the variance request. Mr. Grunewald seconded the motion. Mr. Grnnewald offered the option of building a pergola with beams on top. Ms. Doerr clarified that Mr. Bishop could rebuild the porch as long as it does not reach a height of 30". She fiirther clarified that Mr. Bishop would need a variance to re-build the deck as it is currently constructed. Mr. Bishop requested that he be allowed to rebuild the structure in the existing footprint. Mr. Frohwein withdrew the motion and Mr. Grunewald withdrew. the second. Mr. Burkhart moved to approve the variance request and Mr. Grunewald seconded the motion. Ms. Doerr suggested that the Board state that the porch not exceed the dimensions of the porch on the current suryey..The vote was called and the motion passed by unanimous approval. c. ZVAR-2002-18, Michael D. Moore, Request fer a Variance from Section 24-105 !e) !].) to reduce the required twenty !20) foot front yard to fourteen !14) feet to allow for the construction of an addition on nronerty in the RS-2 Zoning District and located at 208. Belvedere Street. Mr. Moore introduced himself. He advised that he yvould like to add a garage to .store equipment but is unable to do so due to the angle of the house on the_property. Mr. Burkhart suggested that the applicant relocate the stairs to fit a 20x29 foot garage. Mr. Moore responded that he would not know where to move the stairs. Mr: Frohwein asked Ms. Doerr if the rear yard setback was ZO feet. Ms. Doerr responded that lots 452 and 453 are pie-shaped lots with a front yard and two side yards. She fiirther stated that the Zoning Codes do not specifically address how to calculate setbacks on these types of lots. Mr. Burkhart stated that the owner-purchased a rectangular iot with a lot. of curves, the original house was built m 195.0 on-two lots and it did not-have the required 20 foot rear yard. Discussion was $eld and concern was expressed with encroaching on the -front yard setback and Increasing the encroachment on the rear yard setback. It was suggested that the applicant look at moving. the stairs and/or reconfiguring the garage. Mr. Burkhart moved to approve the variance-request if the applicant brings. the front yard into conformance and squares off the northwest corner of the existing footprint not to exceed afive-foot setback. Mr. Grunewald seconded the motion. The vote was called and Mr. Wolfson, 1Vfr. Burkhart, Mr. Grunewald voted in favor of the motion, Mr. Frohwein voted against the motion. The. motion .passed. d. ZVAR-2002-1), Coalson Contractors. Inc. Request for a Variance from Section 24-107 (e) (2) and !3) to reduce areguired=twenty (20) foot rear yard to f~zx ~~) feet_and to reduce a required side yard from five (5) feet ta- two (2) feet. nine.. (4) inches to allay imt~xovements to be~ made to an iLlinutes of Community Development Board October 1 S, 2002 existing non-conforming structure, on nro~nerty in the RG-2 Zoning District and located- at 1610 Coquina Place. Mr. Peter Coalson introduced himself and- stated that he was representing Mr. Mark Smith in his application. He stated that they were requesting a variance based on the fact that after close st<idy of the property survey, it was noted that there was only a two foot separation from. the back of the house to the property fine. Mr. Coal-son stated that they would like to reduce the west side of the structure by two .feet and add a second floor section above the existing first floor_ He-r€minded the Board that the property was given a variance previously which created its present configuration, He further stated that the reduction in the back of the home would allow passage o£the_rear of the house and would be a net gain to the spirit and letter of the Code. Ms. Doerr clarified that the proposed changes. wo~.>zd reduce the footprint bzrt the vertical structure would encroach on the rear yard. Discussion was held with regard to the previous variance that was grarrted. Mr. Burkhart moved to approve the variance request as presented with recommendations made by staff and Mr. Frohwein seconded the motion. Thg vote was called and the motion passed by unanimous approval. Mr. Coalson stated that he world be very excited to see an architectural enhancement clause added to the Zoning Codes. e. ZVAR-2002-20, Cheryl and David Ulrich. RecLuest for a Variance from Section 24-105 (e3 (3) to reduce a- required rear combined fifteen ft5) foot side yard by a distance of thirteen (13) inches, while still providing the minimum five f51 foot side hard setback. to allow construction of an addition on property in the RS-2 Zoning District and located at 329 Eighth Street. Mr. David Ulrich introduced himself He-.stated that he would like to add a game roam, remove the deck off the kitchen door end build on the existing house perimeter line. He stated that this would the space needed for an exit door on side of house that runs north and south. Mr. Ulrich advised that staff recommended an administrative variance of nine inches but this would not allow them to follow the existing perimeter of house. Mr. Grunewald moved to approve the variance. request. 1klr. Frohvvein seconded the motion. Mr. Burkhart stated that he would like a condition .added to the motion that the bush be cut down. Mr. Ulrich stated that this would not be a problem. Mr. Grunewald moved to amend the motion to approve the variance request with the recommendation to remove vegetation on the side yard to keep it clear. Mr. Frohwein seconded the amended motion. The vote was called and the motion passed with Mr. Burkhart, Mr. Grunewald and Mr. Wolfson voting in favor of the_ motion-and Mr. Frohwein voting against the motion. f. ZVAR-2002-21, Lantz Herman. Request for a Variance from Section 24-157 to allow fencing to exceed the four (4) foot height limit in the required front yard and to exceed the six (6) foot height limit in the required rear and side yards on ~ronerty in the Commercial General Zoning_,District and located at 20 Levv Road. Mr. Herman introduced himself and stated that he owns All Pro Automotive on .Levy Road. He advised that his property had been vandalized on numerous .occasions and he would to securely store vehicles. Due to these security issues, he would Iike a variance to build asix-foot fence which he would have installed behind the tree line. a Minutes of Community Development Board October 1 S, ZO(JZ Mi•. Grunewald asked Mr. Herman if he could reduce the height of the fence around the side and back to five feet. Mr. Herman responded that the chain 1_ink fence comes in four, six and eight foot heights. Ms. Doerr stated that the maximum height of the fence included anyfihing that was part of the fence, i.e., column supports, etc. Mr. Herman clarified that he would install barbed wire around the perimeter of the fence. Mr. Herman further clarified that he would not have a problem installing a five foot fence with an additional one foot barbed wire if the fence contsactor.was able to accomplish this. Mr. Frohwein asked Mir. Herman if he would be willing to move the fence back 20 feet, thereby removing the need for a variance. Mr. Herman responded that they were attempting to maintain the fence as close as possible to the tree line to hide the fence. After fiirther discussion Mr. Herman advised that he could move the fence back 20 feet. 10~lr. Herman withdrew the variance request. 6. Other reAOrts or business not reauirin~action. a. Request by Chairman to discuss regulations related to location of swimming paols. Discussion was .held with regard to concerns related to pools located ni front of homes.. Mr, Wolfson suggested that the Beard members think about this issue_and,give their recommendations to staff. Mr. Grunewald voiced his concern with regard to landscaping at the Merve Russell property on West 14`~ Street. Ms. Doerr advised that Mr. Russell received a letter this week with regard to this matter. Mr. Wolfson requested that Ms. Doerr set up a workshop on the Comprehensive Land Use Plan.. Ms. Doerr responded that the Board would need to go through the EAR process prior to working on amendments to the Plan. Mr. Wolfson advised that .Barbara Mears;.... Chair of the 'Free Board, requested that the Community Development Board meet with the Tree Boarcl to discus-s landscaping issues. Ms. Doerr stated that she would schedule a joint workshop. fi Adjournment There being no further business, the meeting adjauuxed at 14:0 p.m. SIGNED ATTEST S