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2001-06-19 (meeting minutes) vAGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH June 19, 2001 7:OU p.m. 1. Call to Order 2. Approval of Minutes of Meeting of May 15, 2001 3. Recognition of Visitors 4. Old Business a. Application for Variance filed by Kevin Byrnes to replat property and request a variance for Lots 42, 44 and 46, Block 10, Plat No. 1, Subdivision "A." b. Application for Variance filed by Gay Weber to replace the existing non- - conforming structure with a new non-conforming structure located at 331 Second ,., Street. 5. New Business a. Application for Variance filed by Scott Heap to decrease the rear yard setback to construct an addition at 1575 Seminole Road. b. Application for Use by Exception filed by Sidney Dobson to operate a plumbing contractor business in CG zoning at 49 Ardella Road. c. Draft Zoning Changes from Staff 6. Reports and Announcements 7. Adjournment If any person decides to appeal any decision made by.the Community Development Board at the ~^ above meeting, he will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings be made, which record. shall include the testimony and evidence upon which appeal is to be based. MINUTES OF MEETING OF ~`"' COMMUNITY DEVELOPMENT BOARD June 19, 2001 A regular meeting of the Community Development Board was held Tuesday, June 19, 2001, in the City Hall Commission Chambers. Present were Chairman Don Wolfson, Craig Burkhart, Karl Giunewald, Samuel Jacobson, Mary Walker, Building Official Don Ford and Recording Secretary Susan Dunham. 1. Call to Order The meeting was called to order at 7:05 p.m. 2. Approval of Minutes of Meeting of Mav 15, 2001 A motion was made by Mr. Burkhart, seconded by Mr. Wolfson and unanimously carried to approve the Minutes of the Community Development Board meeting of May 15, 2001. 3. Recognition of Visitors None. 4. Old Business a. Application for Variance filed by Kevin Byrnes to replat property and request for Lots 42, 44 and 46, Block 10, Plat No. 1, Subdivision "A." Mr. Kevin Byrnes introduced himself, gave a brief history of his application and then distributed additional information to the Board. Mr. Byrnes stated that the Zoning and Subdivision Regulations, Section 24-47 titled, "The Administrative Official" states "The administrative official shall have the following powers and responsibilities: (8) To grant minor dimensional Variances, as detailed in this chapter if the Variance requested involves a variation of less than 10 percent from this chapter requirement involved, or involves substitution of an element of substantially equal character or performance to that required in this chapter." With regard to the above, Mr. Byrnes offered the following information: 1. Lot depth: Lot A is 4.5 percent short of the required lot depth and Lot B is 1.7 percent short of the required lot depth which is well within the 10 percent administrative approval; 2. Lot length: Lot A is 40 percent longer than required and Lot B is 20 percent longer than required; 3. Lot area: Lot A is 34 percent larger than required and Lot B is 18 percent larger than the required 50 x 1001ot in Atlantic Beach; 4. Density: The definition for density is the number of lots that can be placed in an acre, which based on a 50x100 lot, is 8.7 lots per acre. The two lots as proposed would map out to 6.7 lots per acre. From Sherry Drive east to the ocean and from First Street north to Plaza, there are 489 parcels. There are only 321ots that are larger than the existing lot so this lot is larger than 94 percent of the lots in Atlantic Beach. Lot A is larger than 105 properties and Lot B is larger than 52 properties; 5. Trees: There are 13 large oaks trees which would not have to be moved, three palm trees that can be relocated and three palm .trees that need to be discarded because they are not worth relocating; 6. Impervious Surface: The impervious surface area ratio on Lot A is 34 percent with inclusion of the driveway and Lot B is 40 percent with inclusion of the driveway. 7. Distance Between. Dwellings: Lots A and B are a greater distance from neighbors and themselves than 90 percent of the dwellings in Atlantic Beach. e, Mr. Wolfson commended Mr. Byrnes on his work. He stated that it is very unusual for an applicant to come back before the Board with such precise information. He further stated that he was surprised that Mr. Byrnes .came before the Board because Mr. Worley had recommended approval of his request and it Minutes of Community Development Board June 19, 2001 Page 2 was within Mr. Worley's authority to grant Mr. Byrnes a variance. Mr. Wolfson stated that if this variance was denied, he believes that Mr. Byrnes would be denied what is granted to every property owner in the city and that is to use land that is larger than the minimum lot size with the only difference being a reduction by less than five. percent, requiring an administrative variance which is allowable by law. Mr. Wolfson encouraged each Board member to look at this request responsibly because he is concerned that if this request is denied, that Mr. Byrnes has recourse with the courts. Mrs. Walker also commended Mr. Byrnes. She stated that the only question she had is with regard to the strip of land along Sherry Drive that is being used in the calculation of the dimensions. Mr. Byrnes distributed the deed and title insurance for the Board's review. Mr. Jacobson and Mrs. Walker reviewed the deed and title insurance and Mrs. Walker stated it appeared that everything was in order. Mr. Byrnes advised that with regard to the original drawing he submitted, Lot A was 60 feet and Lot B was 70 feet. He stated that he moved the lot lines on Lot A to 70 feet and Lot B to 60 feet because the Zoning and Subdivision Regulations state that a corner lot is bigger than the typical lot. Mr. Wolfson clarified, and Mr. Byrnes concurred, that Lot A would be 6,700 square feet and Lot B would be 5,900 square feet. Mr. Burkhart moved to approve the variance as presented. Mrs. Walker seconded the motion. Mr. Wolfson requested that all Board members review the Variance Worksheet prior to voting. } The question was called and the motion passed by unanimous vote. b. Application for Variance filed by Gay Weber to replace the existing non-conforming structure with a new non-conforming structure located at 331 Second Street. Mr. Wolfson withdrew the application because the applicant was not present. 5. New Business a. Application for Variance filed by Scott Heap to decrease the rear yard setback to construct an addition at 1575 Seminole Road. Mr. Scott Heap introduced himself and stated that he has owned this house since 1976 and would like to expand the space because he and his family are outgrowing the house. He further stated that he and his wife spoke to four or five different builders who advised them that their only option is to expand to the back of the house. Mrs. Walker asked the applicant to elaborate on what he is proposing to add to the house. Mr. Heap stated that downstairs he would be expanding the kitchen, expanding the backside of the house to add a great room, and upstairs he would be adding a bathroom and expanding the master bedroom. Mrs. Walker asked if any of the builders attempted to stay within the setback requirements. Mr. Heap responded that the house is already at the maximum side yard setbacks and adding to the front of the house would cost too much. Mr. Burkhart suggested using the proposed plan for the second floor as it is and changing the first floor plan so the great room is long and narrow allowing Mr. Heap to stay within the setback requirements. Mr. Burkhart also suggested attempting to stay within the 10 percent margin with atwo-foot reduction of the setback and then he would not have to come. back before the Board. Mr. ,,.~ Heap responded that a big part of their lifestyle at the beach is being outside and cooking out and they want to have a gathering area outside the kitchen. Minutes of Community Development Board June 19, 2001 Page 3 After further discussion, the applicant withdrew his application. b. Application. for a Use by Exception filed by Sidney Dobson to operate a plumbing contractor business in CG zoning at 49 Ardella Road. Mr. Dobson introduced himself and stated that he moved his business to 49 Ardella Road with American Well and Irrigation. He stated that had no idea that this property was not approved for a contractor since Aloha Services had been located there previously. Mr. Dobson advised that he is plumbing contractor with an office and only one truck and he has no intention of getting any larger. Mr. Wolfson explained to Mr. Dobson that a Use by Exception is granted to an applicant for the purpose of that applicant only while he or she is at that location. He said that when the applicant moves or closes the business, the exception is no longer valid. Mr. Grunewald expressed his concern with regard to increasing the amount of commercial activity in this area since it is located between residential property. Mr. Dobson responded that there is substantially less activity in this location than when Aloha Services was located there. In response to questions from Mr. Jacobson, Mr. Dobson stated that although he will have an office in the building, he will have no outside storage and he has only one helper. Mr. Dobson also stated that the only sign he has on the property is a magnetic sign on the front door. Mr. Grunewald moved to recommend approval of the Use by Exception. Mr. Burkhart seconded ''''' the motion, which motion passed by unanimous approval. Mr. Wolfson noted for the record that the former Use by Exception is no longer valid. c. Draft Zoning Changes from Staff. Mr. Ford advised the Board that the Zoning Ordinance requires that any zoning changes sent from this. Board to the City Commission come back to this Board for a recommendation before the City Commission can vote on the changes. He further advised that the document they are reviewing includes the changes that were made after the Board sent the final draft document to the City Commission. The Board made the following recommendations: 1) Sec. 24-1~7: • The Board is concerned that there is no limit to the number of small storage structures so, conceivably, five small storage buildings could be placed on one property. • Paragraph 1, Line 5: Change sentence to read "Pump houses larger than nine (9) square feet in area and four (4) feet in height should be considered an accessory structure." • Paragraph 1, Line 2, Re-insert the stricken sentence as follows: "Accessory structure shall also include attached screened room enclosures, except when it is a manufactured pool enclosure or pool enclosure." The Board expressed concern that removing this sentence would allow a property owner to build a screened enclosure to the rear property line. 2) Confirm that all changes are consistent with the rest of the Zoning Ordinance, i.e., Sec. 24-17 states that play equipment is not considered an accessory structure; therefore it needs to be removed from Sec. 24-151. Minutes of Community Development Board June 19, 2001 ,,, Page 4 3) Sec. 24-47: No changes. 4) Sec. 24-83: No changes. 5) Sec. 24-85: The Board unanimously stated that they were not comfortable with Sec. 24-85 (a). Mr. Wolfson moved to request a joint meeting as soon possible between the City Commission and the Community Development Board to specifically address the Board's concerns with regard to Sec. 24-85 (a). Mr. Burkhart seconded the motion, which motion passed by unanimous approval. 6) Sec. 24-87: No changes. 7) Sec. 24-103: No changes. 8) Sec. 24-106: No changes. 9) Sec. 24-107: No changes. 10) Sec. 24-110: No changes. 11) Sec. 24-111: No changes. 12) Sec. 24-136: No changes. -r 13) Sec. 24-163: No changes. The Board discussed the proposed Ordinance amending the zoning classification of property lrnown as Lots _ from residential general {RG-1) to residential single-family (RS-2). Mr. Burkhart moved to recommend approval to the City Commission of the Ordinance as drafted. Mr. Grunewald seconded the motion, which motion passed by unanimous approval. Further discussion was held and it was determined that the Ordinance as written was unclear. Mr. Jacobson moved to reconsider passage of the previously passed motion and instead to substitute a motion asking that the City Commission defer action on the proposed Ordinance until they have determined whether or not to hold a joint workshop with the Community Development Board with regard to the proposed action on Section 24-85 (a). Mr. Wolfson seconded the motion, which motion passed by unanimous approval 6. Reports and Announcements Mrs. Walker expressed her concern with regard to granting administrative variances. She stated that neighbors should have an opportunity to Irnow if they are going to be affected by changes, even if it is only six inches. Mr. Burkhart reminded the Board that the administrative variance was reduced from ten percent to five percent. Mr. Burkhart also stated that as explained to him by Mr. Worley, administrative variances were to allow for errors, i.e., every attempt has been made to place the building in the right location and the survey indicates that the building is incorrectly placed by two to three inches. Mr. Wolfson stated that the Board should support Staff in this regard. Minutes of Community Development Board June 19, 2001 Page 5 7. Adjournment There being no other business or discussion, the meeting was adjourned at 10:25 p.m. SIGNED ~., ~r\ U `1 .~ ATTEST ;. t~