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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 • �� , ATTEST 1Wii// 1 ww% / •