2000-10-17 (meeting minutes) v AGENDA
• COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
October 17, 2000
7:00 P.M.
1. Call to Order
2. Approval of Minutes of Meeting of September 19, 2000
3. Recognition of Visitors
4. NEW BUSINESS
a. Application for Variance filed by Frank Schultz to construct an addition to an
existing nonconforming structure located at 257 First Street. -
b. Application for Variance filed by Michael Marzi to construct an addition to an
existing nonconforming structure located at 66 Dewees Avenue.
c. Application for Variance filed by James and Margo Mudge to erect a 4' 10"fence
in the front yard setback at property located at 1549 Ocean Boulevard.
5. 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
OF THE CITY OF ATLANTIC BEACH, FLORIDA
• October 17, 2000
7:00 P.M.
CITY HALL
PRESENT : Robert Frohwein
Craig Burkhart
Samuel Jacobson
Mary Walker
AND : George Worley, II, CD Director
Susan Dunham, Recording Secretary
ABSENT : Don Wolfson
Pat Fillmore
1. Call to Order
The meeting was called to order by Robert Frohwein at 7:05 p.m.
2. Approval of Minutes of Meeting of September 19, 2000
A motion was made by Mr. Burkhart, seconded by Mr. Jacobson and unanimously carried to approve
the Minutes of the Community Development Board meeting of September 19, 2000.
S 3. Recognition of Visitors
None.
4. New Business
a. Application for Variance filed by Frank Schultz to construct an addition to an existing
nonconforming structure located at 257 First Street.
Mr. Schultz introduced himself and explained that he is remodeling a private residence at 257
First Street and would like to create an alternative entry/exit to the upstairs. Mr. Schultz advised
the Board that this structure is for convenience purposes but would also provide an alternative
emergency exit in case of fire. Mr. Worley informed the Board that the building is out of
compliance as follows: (1)it does not meet the rear setback requirement; and(2) it is a free-
standing unit on a lot that already has a duplex unit on it. The addition of the deck triggers the
necessity for a variance.
Mr. Burkhart clarified that for the structure to conform to side yard requirements,the deck would
need to be 4.7 feet rather than 6 feet.
Mr. Burkhart moved to approve the requested variance with the stipulation that the structural
support for the deck be positioned in a manner that meets the 15 foot aggregate required by code
for side yard setbacks, which would require the posts to be set approximately 9.3 feet from the
western side yard. Mrs. Walker seconded the motion.
Discussion was held regarding completion date of the structure.
•
. Minutes of Community Development Board
October 17, 2000
Page 2
Mr. Burkhart amended his motion to state that the structure needs to be completed within one
• year and that the variance only applies to this situation. Mrs. Walker seconded the motion, which
passed by unanimous vote.
b. Application for Variance filed by Michael Marzi to construct an addition to an existing
nonconforming structure located at 66 Dewees Avenue.
Mr. Marzi introduced himself as the designer for Mr. and Mrs. Bryan who reside at 66 Dewees
Avenue. Mr. Marzi explained that the existing rear and side setbacks do not conform. Mr. Marzi
stated that the owners would like to convert the roofed breezeway to an enclosed laundry room;
convert the garage to a front entry garage; and replace the current stairwell with a spiral stairway.
Mr. Worley advised that the existing building is non-conforming due to the 15 foot rear setback.
In addition,the applicant is proposing to enlarge a non-conforming structure, which will not
encroach any further into the setbacks than the existing building already encroaches.
In response to a question by Mr. Burkhart, Mr. Worley advised that uncovered stairways are not
counted for the purposes of measuring setbacks.
Mr. Frohwein inquired as to when the lanai and sitting room were built. Mr. Marzi stated that he
believed they were built in 1984. Mr. Frohwein indicated that if this addition was constructed
with a variance and a permit,then he felt the variance could continue. However, if this addition
was constructed without the proper approvals,the variance should not be granted. Mr. Marzi
indicated that he does not have any documentation as to whether a variance was granted and a
• permit issued. Mr. Worley explained that due to the lack of record-keeping and because this
property, along with many others,were brought into the City of Atlantic Beach in an annexation,
there has been an assumption that when it was brought into the City,then that was the start date to
determine conformance or non-conformance. Mr. Worley stated that if we use the annexation
date as a cut-off,that is a reasonable approach by the City to set a basis from which to move
forward.
Mrs. Walker confirmed with Mr. Marzi that the changes being proposed were as follows: enclose
and expand the breezeway, a new main entry, a new porch, a front-entry garage from a side-entry
garage, a new landing, a new spiral stairway and reduce the size of the existing deck. Mr. Worley
stated that none of the proposed additions or remodels encroach any farther into the setback. To
further clarify, Mr. Worley stated that the only increases would be the breezeway and the
entryway.
Mr. Burkhart moved to grant the variance as recommended by Staff with the stipulation that the
work be completed within one year and that the variance only applies to this owner. Mrs.
Walker seconded the motion,which passed by unanimous vote.
c. Application for Variance filed by James and Margo Mudge to erect a 4'10" fence in the
front yard setback at property located at 1549 Ocean Boulevard.
Mrs. Mudge introduced herself and displayed pictures of the subject property to the Board. Mrs.
Mudge stated that they would like to replace the termite-infested fence on the north side of the
property with a new 4'10"fence. Mrs. Mudge would like the height of the new fence to match
the height of the existing fence on the south side of the property. In addition,the height of the
• fence would assist in hiding items they store on the side of their home.
Minutes of Community Development Board
October 17, 2000
Page 3
Mr. Frohwein clarified with Mr. Worley that the current fence is non-conforming in that it is greater
than four feet from the front of the building forward.
Mr. Frohwein stated that to grant a variance,the applicant would need to show a hardship. Mr.
Frohwein asked Mrs. Mudge if there is a hardship. Mrs. Mudge stated that it would be difficult to say
there is a hardship in 4 feet vs. 4 feet 10 inches. However, 4 feet is not adequate to hide the items
they store on the side of the house.
Discussion was held with regard to the possibility of reducing the height of the fence on the south
side of the property to 4 feet to address the aesthetics of different height fences.
Mr. Jacobson stated that the variance request was very minor. Mrs. Walker reminded the Board that
they had disapproved other fence height variance requests.
Mr. Burkhart moved to approve the variance requested with the stipulation that the work be
completed within one year and that the variance only applies to this owner. Mr. Jacobson seconded
the motion. Mr. Burkhart and Mr. Jacobson voted in favor of the motion and Mrs. Walker and Mr.
Frohwein voted against the motion. The variance was not granted due to a lack of majority vote.
Mr. Worley advised that the action can be reconsidered by a member of the prevailing side(or in the
instance of a tie, either party)at this meeting or the next meeting. Mrs. Mudge was asked if she
would like this matter to be reconsidered at the next meeting. She stated that the fence was going to
be erected within two weeks so it would not be necessary.
. Mr. Worley updated the Board on the joint workshop. At the request of the Mayor and the City
Manager,the last workshop meeting focused on the issue of the Old Atlantic Beach areas, specifically
the south end of town where the zoning is RG1. Staff suggested changing the zoning to RG1A which
would require a wider lot in order to construct a duplex. After discussion by the Board members and
the Commission, it was determined that it would be better to conduct a survey of the people in the
neighborhood. This survey would solicit an opinion about a change in zoning and whether or not they
would be willing to reduce the RG1 zoning to RS2 zoning. Staff has prepared the survey,which has
been given to the City Manager for review by the City Commission. This survey form, upon
approval,will be sent out to property owners within the boundaries of the RG1 neighborhood by the
beginning of next week. Another workshop will likely be scheduled for the second Commission
meeting in November.
Mr. Worley introduced Susan Dunham, who will be providing support to the Community
Development Board.
5. Adjournment
There being no other business or discussion,the meeting was adjourned at 8:25 p.m.
SIGNED .� a " l • �� ,
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