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
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