11-18-97 v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
November 18, 1997
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Sharette Simpkins
Mary Walker
Pat Pillmore
Buzzy Grunthal
AND George Worley
Alan Jensen
Pat Harris
ABSENT : Mark McGowan
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the special meeting of September 23, 1997 meeting. On motion made and
seconded the minutes were approved_ The chairman asked for approval of the minutes
from the meeting on October 21, 1997. Mr. Frohwein noted that the variance granted to
Mr_and Mrs. Lucey should include that the construction be commenced within a six-month
period. He also noted a scriveners error at the end of page two. On motion made and
seconded the minutes were approved as corrected.
I. Application for Variance filed by Clinton Burbridge, III to construct a fence
that exceeds the height requirements at property located at 270 6th Street.
Mr. Burbridge introduced himself to the board and explained that his request
originally came before the board in July of this year but action was deferred at his request
until further traffic study information became available. He requested that the board act
on his application even though a traffic study had not been performed.
The board discussed the various codes relating to fences, hedges and height
requirements. The chairman cited Section 24-157(b) which states that no fence, wall or
structure exceeding four feet In height nor plant, hedge, shrubbery that exceeds three feet
in height be placed upon real property within a distance of 25 feet from the paint where the
right-of-way of any road or street intersects another road or street. The applicant stated
he would be willing to amend his application to comply with this section..
Mr. Frohwein stated that he found nothing in the code that prevents a six foot fence
provided it is 25 feet from the point of right-of-way previously discussed.
Mr. Worley explained that a secondary frontage, being the widest street frontage
on a corner lot, requires a 15-foot setback and the City has set a precedent regarding
heights of fences or shrubs in this side yard setback.
After discussion, Mr. Frohwein moved to grant the modified variance and Mr.
Grunthal seconded the motion.
The Chairman expressed his concern for safety of children going to and from the
beach as well as mothers with strollers and children and adults on bicycles.
Mr. Grunthal stated that he did not feel that the proposed fence would not cause a
traffic hazard to pedestrian or vehicular traffic.
Mrs. Walker expressed her opinion that the 25-foot restriction would hopefully
address the safety factor and she agreed with that Section 24-157(d) addressed the
situation of corner lots and did not feel that the 15-foot side yard setback for corner lots
included fences.
Mr. Jensen told the board that the City has never allowed a six-foot fence abutting
the road to be constructed within the 15-foot setback.
After further discussion, the Chairman pointed out to the board that the application
should specifically refer to Section 24-17 and Section 24-157(a). He called the vote and
upon a rollcall vote the variance was granted with four aye votes from Mr. Frohwein, Mr.
Grunthal, Mrs. Simpkins and Mrs. Walker, and two nay votes from Mr. Wolfson and Mrs.
Pillmore.
II. Application for Use-by-Exception filed by Jeff B. Moneyhun to operate a cabinet
shop at property located at 1200 Mayport Road, Unit 2.
Mr. Moneyhun introduced himself and explained that he desired to open a cabinet
shop in the center section of the building located on the property. He stated he has been
in business four years he is the sole employee.
After discussion, Mrs. Pillmore moved to recommend approval of the use-by-
exception. Mr. Wolfson requested to include in the motion that the use-by-exception be
granted solely to the applicant for this location only and that there be no outside storage
of materials or overnight parking of vehicles. Mrs. Pillmore agreed to the amendment.
Mr. Grunthal seconded the motion and it passed unanimously.
III. Application for Variance filed by Barry Adeeb to construct additions to an
existing nonconforming restaurant at property located at 501 Atlantic Boulevard.
Mr. Adeeb introduced himself to the board and reminded the board that they
granted a variance to him four or five months ago and stated he would like to amend his
application. He presented plat plans showing the previous addition and explained that he
desired to construct a 16.8' by 12' addition on the northwest corner of the building. He
stated that he would eliminate the storage building he recently constructed to the rear of
the building.
The Chairman explained that the nonconformance exists on the east side of the
building and anytime the applicant desired to add or remodel any portion of the structure
that it would be necessary for him to obtain a variance due to the existing
nonconformance.
Mr. Adeeb explained that the appraised value of the property is $104.00 and the
previous improvements were valued at $45,000. He stated that the new addition would
be 200 square foot with a value of $4,000 to $5,000. He stated that the owners of the
property had repaved the parking lot, replaced the wood curbing with concrete and
landscaped those areas.
Mrs. Walker moved to defer the application until something specific was presented
regarding landscaping. There being no second the motion died.
After discussion, Mr. Wolfson moved to grant the variance conditioned upon the
tenant and landlord bringing the site into compliance with the landscape ordinance and if
not complied with within sixty days of completion of construction the matter could be
brought before the Code Enforcement Board. Mrs. Pillmore seconded the motion.
Mr. Jensen explained that the board should not consider the landscape ordinance
until it is triggered by the value of the construction.
Mr. Wolfson moved to rescind his motion and it was seconded by Mrs. Pillmore. He
then moved to grant the variance provided if the landscape ordinance threshold is
exceeded and the applicant desires to proceed with the project that he comply with the
landscape ordinance within a period of sixty days. Mr. Wolfson amended his motion to
include that the variance be granted for a period of 12 months with the 60 days for
compliance with the landscape code. Mrs. Pillmore seconded the motion and the variance
was granted by a unanimous vote.
IV. Request for Replatting submitted by Beaches Counseling Associates to
construct a 20-unit townhouse complex at property known as Lots 3 through 6, Block 74,
and all of Block 75, Section H.
Lynn Klein of Beaches Counseling Associates introduced herself and explained that
the property includes Block 75 as well as Block 74. She explained that the request is to
replat.ten lots into a single parcel to allow the construction of a 20-unit townhouse complex
with off street parking and common amenities including a swimming pool.
Mrs. Klein explained that the complex would be rental property targeted though not
exclusively to military personnel. She indicated that a management company would be in
charge of the complex
Mr. Frohwein cited Section 24-188-(c) which applies to replatting.
Mr. Worley stated that no action was necessary from the board at this point in the
replatting procedure.
V. Application for Variance filed by Thomas Weirich to construct a sunroom that
will encroach the rear yard setback at property located at 70 West 7th Street.
There being no one present to speak on behalf of the application the matter was
deferred until the next meeting.
DISCUSSION ITEM:
The Board discussed requests for improvements to existing nonconforming
structures. Mrs. Walker expressed her concern as to whether hardships exist in many of
the requests.
The consensus of the board was to continue to address each application
individually and endeavor to communicate with each other their feelings in connection with
each request.
The Chairman requested that a discussion item be placed on the agenda for the
next meeting regarding a nonconforming fence located at Beach Avenue and 18th Street.
The Chairman also requested that staff report at the next meeting the status of the
situation regarding the nonconforming metal building at the auto storage property in
Section H.
There being no further business to came before the board on motion made the
meeting was adjourned.
SIGNED . _ ct-Qt1u rr) �
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