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2000-04-18 (meeting minutes) v MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA April 18, 2000 7:00 P.M. CITY HALL PRESENT : Don Wolfson Robert Frohwein Mary Walker Pat Pillmore (arrived after Item 1) Sam Jacobson Sharette Simpkins AND : George Worley, II, CD Director Pat Harris, Recording Secretary ABSENT : Craig Burkhart The Chairman called the meeting to order and asked for approval of the minutes from the meeting of March 21, 2000 and on motion and second they were unanimously approved. OLD BUSINESS: 1. Application for Variance filed by Texas Environmental, Inc. to allow a six foot fence in the front yard setback at property located at 405 Mealy Drive. Derek Nichols introduced himself to the board and stated that his company owns the property at the end of a cul-de-sac with limited street frontage. Because of his limited street frontage he believes the current six foot fence interferes with access to the property as well as limits the area available for the storage of vehicles. He stated that he intends to limit the removal of trees from the site as much as possible and moving the fence to the front property line would allow them to remain while accommodating storage for vehicles. Mr. Nichols stated that his company works on navy ships such as tank and bilge cleaning and emergency oil spill response along the coast approximately 300 miles in each direction. Mr. Nichols said that the company presently owns six trucks that run daily in the normal day of business. He explained that they are tractor/trailer trucks that would require adequate space to turn around during deliveries. Responding to a question from Mr. Jacobson, Mr. Worley stated that the variance would not be directly injurious to the applicant as the setback criteria for fences is established citywide and a deviation from that without finding some overt hardship probably undermines the requirement elsewhere in the city and he stated he would stand by his recommendation for denial. After discussion, Mr. Frohwein moved to deny the variance and Mrs. Walker seconded the motion. After further discussion, the variance was denied by a vote of 5 - 1. 2. Application for Use-by-Exception filed by Willie Davis to hold bible study and fellowship at property located at 40 Simmons Road. Mr. Davis introduced himself to the board and explained that he owns the property as well as the adjoining lot lying to the west. He stated he desires to operate a church within the existing commercial building at the location. A portion of the building is currently occupied by a hair salon business. The remainder of the building will be occupied by the church and no exterior additions are planned for the structure. Responding to a question from Mr. Frohwein, the applicant stated the he will agree to combine the lots on the application to accommodate parking requirements. Mr. Worley stated that the existing business must be provided with two parking spaces based on the requirement of one space per 300 square feet of commercial area. He stated that at this time it is not known if the costs of the interior renovations will trigger the landscape code requirements. After discussion, Mr. Frohwein moved to recommend approval of the use-by- exception to the City Commission based on staff's recommendation as follows: 1. The maximum seating capacity must strictly meet the number of parking spaces. 2. Two parking spaces be reserved for the commercial space at the front of the building. 3. This Exception be granted to the applicant only for this location only. Mrs. Simpkins seconded the motion. Responding to a question from the Chairman, Mr. Worley stated that typical representations before the board have included the entire building or a church with other functions such as a school but in this case the uses are not related. After discussion, Mr. Jacobson moved to amend the motion with the caveat that the primary use of the building will be for bible study and fellowship and the commercial use not be enlarged. Mrs. Pillmore seconded the motion. After discussion, the board unanimously defeated the amended motion. After further discussion, regarding the original motion, the board voted unanimously to recommend approval of the use-by-exception. NEW BUSINESS 1. Application for Use-by-Exception filed by Atul Patel to operate a convenience store with gas pumps at property located at 715 Atlantic Boulevard. Atul Patel introduced himself and his engineer Mike Bueme to the board and stated he has been conducting business in the Jacksonville Beach area for approximately five years. He stated that he purchased the property and desires to construct a convenience store with gasoline pumps. Mr. Worley explained that the applicant is also requesting a variance for his proposed building. A detailed drawing is included with agenda item 5.b. Because the requested variance can be granted or denied separately from the use-by-exception the requests were separated on the agenda as items 5.a. and 5.b. Mr. Worley stated that the location contained a gasoline service station in the past but has been vacant for more than five years. The Chairman voiced his concern regarding the location of a proposed dumpster and signage at the site. John Dawson introduced himself to the board and explained that the lettering for fuel signs is dictated by federal mandate to be 18 inches each. He stated that the owner will work with the city to comply with all landscaping ordinances as well as signage and location of the dumpster. Mr. Worley stated that code has specific requirements as to landscaping on a new commercial site and they are required to meet that code whether they need a use-by- exception or not. He stated that in cooperation with Mr. Patel upon his agreement, the board can add conditions to the approval of the use-by-exception. Mrs. Walker requested that the board be furnished with proposed landscaping especially for answers to inquiries from the public. Mr. Worley stated he would be glad to furnish the board with landscape plans but because it is an esthetic issue and there are minimum code requirements that have to be met, the board cannot make it a condition of the approval of the exception. Mrs. Simpkins stated that the landscape ordinance will have to be complied with before the applicant could obtain permits for the construction. Addressing the Chairman's concern regarding the placement of the dumpster, the applicant stated they will be glad to place it in another location. After discussion, Mr. Jacobson moved to recommend approval to the City Commission and at staff's recommendation included the standard language that the use- by-exception be granted to the applicant only for this location only. He stated he did not include the dumpster matter as the applicant has expressed willingness to comply with the placement thereof. Mrs. Walker seconded the motion. The Chairman stated that he would feel more comfortable including the preference of locations of the dumpster and signage. Mr. Worley stated that it is dangerous for the board to specify locations and may put the City in a liability issue. He added that the board is approving the use on the site and not the geometry of the site which comes into question regarding the setback variance. After discussion, Mr. Jacobson amended his motion to include the moving of the dumpster and the board voted unanimously to recommend approval to the use-by- exception. 2. Application for Variance filed by Atul Patel to construct a building that will encroach setback requirements at property located at 715 Atlantic Boulevard. Mike Bueme stated he would address the board regarding the establishment of the southern edge of the building and John Dawson will establish the depth criteria. He explained that there is a distance of 94 feet from the front property line to the face of the building. He stated that the 6-foot sidewalk is an ADA requirement. The parking lot has been reduced to 18 feet and the drive aisle from the rear of the parking spaces to the canopy to 22 feet which is the drive aisle minimum. The canopy coverage is 30 feet which is industry standard. There is also an 8 foot drive aisle around the perimeter of the canopy and a 10 foot landscape buffer along Atlantic Boulevard. He stated that there is also the issue of tanker trucks and venders at the site. He presented a topographic survey to the board. Architect, John Dawson, stated that 17% is low on building use per square foot of land. He stated that they reviewed multiple layouts for the building and the only one that works financially is the one before the board. Mr. Bueme stated that Mr. Dawson summarized their hardship, i.e, financial aspect and the fact that they have a consistent land use and permitted land use but cannot build on it without the variance. Mr. Frohwein explained that the applicant could redesign the building in such a way that a variance would not be required. After a lengthy discussion, the board tabled the application to the end of the meeting to allow the applicants to confer. 3. Application for Variance filed by Body Works Unlimited, Inc. to construct an addition to an existing nonconforming structure located at 44 W. Church street. There being no one present to speak on behalf of the application it was deferred to the next meeting. 4. Application for Variance filed by David W.Cheshire to construct an addition to an existing nonconforming structure located at 223 Ocean Boulevard. Dr. Cheshire introduced himself to the board and stated he wanted to construct a complete bathroom on the northwest corner of the building. The proposed addition will fill in a notch in the existing building and will not encroach further in to the setbacks than the present non-conformity of the structure. Mr. Jacobson stated that the applicant has an older building that long predates the building setback requirements and wants to add a small section to the interior corner. Mr. Worley stated that the nonconformance is on the Beach Avenue side of the property. Dr. Cheshire stated that the structure has always been an apartment and has been rented from time to time. He stated that it has not been rented recently as he chose to use for it for storage. After discussion, Mr. Frohwein moved to grant the variance as requested. Mrs. Simpkins seconded the motion and the variance was unanimously granted. 5. Application for Variance to construct an addition that will encroach setback requirements at property located at 1496 Camelia Street. Charles Cregar introduced himself to the board and explained that he desires to construct a garage/workshop on the north side of his residence. The residence is located on a corner lot with less than standard dimensions, having only 44 feet of the frontage on Camelia Street. He stated that he feels he will be making the highest use of the property and would not cause a hardship on anyone else. He added that his property has been on the parade of homes and that the addition will further enhance his property. Mrs. Cregar introduced herself and explained that her husband maintains the city right-of-way as well as their property. She stated they wanted to continue to live in Atlantic Beach and would appreciate the board's favorable consideration of their request. Responding to questions from Mr. Frohwein, Mr. Cregar explained that he intends to remove the existing nonconforming shed located on the property. He also stated that a hardship exists due to the 44-foot front dimension and the additional)5-foot setback on the north side. Mr. Worley stated that the odd shape and the reduced frontage of the lot dimension does constitute a substantial hardship with the land as well as the almost impossibility of development on the north side of the street because of the existing cemetery. Mr. Wolfson stated that the variance requested is not the minimum necessary to make possible reasonable use of the land. He suggested the applicant reduce the amount of the encroachment by constructing the addition further back on the property and reducing the width of the building. The board noted that the drawings were misleading indicating conflicting dimensions. After discussion, Mr. Jacobson moved to grant the variance for the construction of a 12' x 27' addition to the property and Mrs. Pillmore seconded the motion. Mr. Jacobson stated that he made the motion because the Cregars have a unique situation and the fair administration of the regulations requires some reasonable flexibility where citizen's interest will be as much served as it will be in this instance and he does not feel the board will be setting a precedent that will carry over to every other lot in Atlantic Beach. After further discussion, the variance was granted with four ayes from Mrs. Simpkins, Mrs. Pillmore, Mr. Jacobson and Mr. Wolfson and two nay votes from Mrs. Walker and Mr. Frohwein. 6. Resume Application for Variance filed by Atul Patel. (Discussion with board members away from microphone) The applicants addressed the board regarding various modifications to their application such as the placement of the building, setbacks, ingress and egress, and traffic flow matters to achieve a reasonable variance request. Mr. Worley interpreted the discussion as follows: 1. The front of the property be considered Sailfish Drive; 2. The north side line would have 10-feet of setback; 3. The east side would become the rear with 10-feet of setback; 4. A variance would be required for 10-feet on the east side of the building for the rear property. Responding to a question from the Chairman, Mr. Worley stated that based on the size and shape of the property it is his opinion that a hardship did not exist but based on the geometric requirements for the type of use a hardship does exist. He added that there is a problem shifting the building south or west. After discussion, Mrs. Pillmore moved to approve the variance and Mrs. Walker seconded the motion. Responding to a question from Mrs. Walker, Mr. Worley stated that the variance would be contingent upon the granting of the use-by-exception and it should be included in the motion. Mr. Jacobson stated that unless there is a time factor he would like to have the matter deferred to allow him time to think about the situation. The Chairman stated that he had a problem with the application and explained to the applicant that in case of a tie vote on the motion it would fail but they may consider delaying action on the matter for further consideration. After discussion, the applicant requested the application be deferred until the next meeting. The Chairman stated the application would be placed on the agenda of the next meeting under old business. The board agreed to meet Tuesday, April 25, 2000 at 6:30 p.m. to discuss the amendments to the zoning code. Mr. Worley stated if the board concluded the review at their next special meeting, it could be presented to the City Commission at their first meeting on May 8, 200. There being no further business to come before the board the meeting was adjourned. SIGNED: ., I(Q ATTEST:;��Lt C C_� `L.�