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06-16-98 v MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD - OF THE CITY OF ATLANTIC BEACH, FLORIDA June 16, 1998 7:00 P.M. CITY HALL PRESENT : Don Wolfson Robert Frohwein Mary Walker Pat Pillmore Dezmond Waters AND : George Worley, II, CD Director Pat Harris ABSENT : Sharette Simpkins Buzzy Grunthal Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of April 21, 1998. Mr. Frohwein stated that Item III should be amended to include his prior request for advance notification and supplying of information by the Metropolitan Planning Organization. The chairman called for approval of the minutes from the special meeting on May 5, 1998. Mr. Frohwein noted a correction to the minutes in Item II wherein Paul Danese rephrased his comment regarding application of funds from the sale of the nonprofit organization. The chairman directed that the minutes be amended and placed on the agenda for the next meeting. The chairman explained that Item 5g on the agenda filed by Peggy Cornelius to construct a residence on a substandard lot known as Part of Lot 17, Selva Marina Unit 1 had been withdrawn by the applicant. Mr. Worley explained that the applicant requested to proceed with the matter through the process of a subdivision plat. The subdivision plat request will come before the board at the next regularly scheduled meeting for a recommendation to the City Commission for their final determination. The board discussed the applicable section of the code from which the applicant must follow and Mr. Worley stated he would verify the process and the applicability of the matter with the City Attorney. The chairman deleted the item from the agenda and referred those in attendance to Mr. Worley for any questions they may have. I. Application for Variance filed by Kevin and Irma Cockerill to construct a second floor deck to an existing nonconforming residence located at 1917 Beach Avenue. Mr. Cockerill introduced himself to the board and explained that he desired to replace a previous unsafe deck that was removed approximately six months ago. He stated he was unaware that a variance was required until application was made for a building permit. He explained that the deck would be either the same size of the original deck or somewhat smaller. Mr. Frohwein questioned the necessity for the applicant having to obtain a variance for the reconstruction and after each member expressed their opinions on the matter, the board proceeded with the request. After discussion, Mr. Waters moved to approve the variance so long as it does not encroach into the south setback. Mr. Frohwein seconded the motion for discussion purposes and the motion failed by a vote of two ayes from Mr. Frohwein and Mr. Waters and three nay votes from Mrs. Pillmore, Mrs. Walker and Mr. Wolfson. After further discussion, Mr. Wolfson moved to approve the variance as submitted and Mrs. Walker seconded the motion. The variance was granted with three aye votes from Mrs. Pillmore, Mrs. Walker and Mr. Wolfson and two nay votes from Mr Frohwein and Mr. Waters. II. Application for Variance filed by Inez Thomas to construct a screened porch to an existing nonconforming residence located at 780 Amberjack Lane. There being no one to speak on behalf of the application it was deferred until the next regularly scheduled meeting. III. Application for Variance filed by Charles Hatchell to construct an addition to an existing nonconforming structure located at 1224 Ocean Boulevard. Mr. Hatchell introduced himself and explained to the board that he desired to roof over an existing breezeway and remodel it into a pantry and construct a second floor deck. He also desires to enclose the southeast corner for an extension of his living area. He stated that he was previously granted an administrative variance of six inches at the time he constructed the front porch. The board asked Mr. Hatchell if he would be willing to place the stairs in another location. Mr. Hatchell stated that he would like for them to remain in the area designated on the plans but would be willing to comply with the board's decision. Mr. Worley explained that the definition of side yard omits any definition of exterior stairs and was unclear whether it was an intentional or accidental omission and that stairs are not counted in determining setbacks by definition of front and rear yards. After discussion, Mr. Frohwein moved to grant the variance to allow the addition to the living room exclusive of the south 3'8" strip and also to include the roof over the breezeway and any and all construction within that area so long as it does not encroach into the side yard setback but not to include the exterior stairs on the north side of the building. Mr. Waters seconded the motion and the variance was granted by a unanimous vote. IV. Application for Variance filed by Patricia S. Jeffries to construct an addition to an existing nonconforming structure at property located at 1608 Coquina Place. Missy Bain, daughter of Patricia Jeffries, introduced herself and stated that she desired to add on to the second floor of the existing residence. She stated that her grandfather, Elmer Mattox, is 87 years old and needs full time medical care. She stated that her mother works full time and she has sold her residence in Neptune Beach to devote her time to her grandfather. Fred Mack introduced himself as contractor for the applicant and relayed the applicant's plans to build the addition parallel to the north encroachment of 2.9 feet. Peter Coalson introduced himself to the board and stated that he lives to the north of the subject property. He asked the contractor several questions regarding the proposed construction. He expressed his concern regarding past problems with the location regarding a floodlight flashing on and off and directed toward his daughter's window. Mr. Worley explained to the board that his recommendation for approval in the staff report was given due to a misunderstanding of the proposal which implied that the addition would meet the 5-foot setback. He stated that he would not recommend the request without the 5-foot setback. Mr. Frohwein explained to the applicant that if the variance was denied they would be unable to bring the matter back before them for a period of one year. He further explained that if the applicant desired to change the request to comply with the 5-foot setback the board may be more inclined to grant the variance, but if not, they could withdraw the application and resubmit at a later time. Mr. Frohwein also noted an amendment in the application to indicate Lots 3 and 11 , Block 10. After discussion, Mrs. Pillmore moved to deny the variance and Mr. Frohwein seconded the motion. The applicant being aware of the possible denial of their request asked that the motion be withdrawn and with the proper consents, the motion was withdrawn. Thereafter, Mr. Frohwein moved to grant the variance request to allow construction not to project into any of the front, rear or side yard setbacks, specifically the north side, with the condition of the applicants removal of the north facing shed that projects into the neighbor's yard. Mrs. Pillmore seconded the motion and the variance was unanimously granted. V. Application for Variance filed by Ernest Davis, Sr., to construct an addition to a nonconforming building located at 51 Robert Street. Mr. Davis introduced himself to the board and stated that he needs to construct the addition to help his business. Don Ford introduced himself and stated he was in attendance in case the board had any questions for him. He told the board that an accurate survey of the property had been furnished to him. Mr. Worley informed the board that the parking plan appears to show adequate spaces based on the seating capacity in the existing building and the proposed addition. He stated that the applicant would not be required to pave the property but appropriate parking spaces with tire stops as well as handicapped parking designations would be required. The board discussed landscape and fencing and confirmed with the applicant that he would comply with all requirements. The board also discussed the fact that the existing commercial business being located in a residential district and the requirements by the applicant in that regard. Mr. Frohwein stated that the application should be modified to reflect Section 24- 106 instead of 24-111 and the zoning classification from CG to RG-1. After discussion, Mr. Waters moved to approve the variance contingent upon the submission of minimal landscaping and barrier fencing plans prior to the issuance of a building permit. Mrs. Pillmore requested that the landscape plan be provided to the police department and there were no objections. Mrs. Walker seconded the motion and the amended application was unanimously granted. VI. Application for Variance filed by Mr. and Mrs. James Bishop to construct a swimming pool in the front yard setback located on a corner lot at property known as 859 Ocean Boulevard. Mr. Bishop introduced himself and his wife to the board and stated they own the residence on the northeast corner of Ocean Boulevard and Club Drive and by measure of the street frontage Club Drive is the front yard. He stated that there is a 6-inch difference in the lot frontages. He stated that there is also a 12-foot easement along the north property line that they are not able to use and if it were removed the dimensions of the lot would totally change. He stated that they propose to locate the pool in the front yard to avoid placing it in front of their front door and to avoid removal of trees. He presented pictures to the board to show 4 to 5 trees that would be affected by the construction as well as pictures of neighboring pools and residences. He also presented to the board a letter from neighbors stating why they could not attend the meeting as well as giving their approval of the request. Mrs. Bishop introduced herself and answered specific questions regarding the size of the pool and fencing on the property. She stated she intends to extensively landscape and beautify the property. The Chairman questioned the 12-foot easement on Ocean Boulevard and the effect the removal of the easement would have. The Building Official, Don Ford, informed the board that the easement was left over from the prior existence of a hotel in the area. Debbie Rosenbaugh introduced herself to the board and stated she lives next door to the applicants and expressed her approval of the request. The board reviewed the items on their worksheets regarding hardship with the land. They also discussed safety issues regarding pools and the consensus of the board reflected approval of the application. After discussion, Mrs. Pillmore moved to grant the variance, Mrs. Walker seconded the motion and the variance was unanimously granted. There being no further business to come before the board on motion made the meeting was adjourned. SIGNED qk ATTE•.