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02-19-91 v AMENDED AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH FEBRUARY 19, 1991 7:00 P. M. 1. Call to Order 2. Approval of Minutes of January 15, 1991 meeting 3. New Business a. Application for "Use by Exception" filed by Imports Unlimited for property located at 157D Levy Road. b. Application for Variance filed by Kirk and Bonnie Hansen for property known as Lot 7, Ocean Breeze. c. Application for Variance to Section 24-85 of the Zoning Code for property known as 1735 Beach Avenue. 4. Old Business 5. Adjournment MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA FEBRUARY 19, 1991 7:00 P. M. CITY HALL PRESENT W. Gregg McCaulie, Chairman Samuel T. Howie Kathleen Russell Ruth Gregg Don Wolfson Robert Frohwein AND Alan Jensen, City Attorney George Worley, II, CD Director Pat Harris, Recording Secretary The Chairman. W. Gregg McCaulie, called the meeting to order and asked for approval of the minutes from the last meeting. Mr. Howie moved for approval of the minutes, Mr. Frohwein seconded the motion and the minutes were unanimously approved. NEW BUSINESS: • I. Application for "Use by Exception" filed by Dewey Miller of Imports Unlimited for property located at 157D Levy Road. Mr. Miller introduced himself to the Board and stated that he was requesting a Use by Exception for his business located at 157D Levy Road. He stated that he had no interest in having a junk yard at the location and that he was only interested in the storage of inoperable cars that he had performed work on. He stated that when customers do not pay him for work performed on said vehicles that it takes approximately six months to obtain title to said vehicles which is necessary for proper disposal. Mr. Frohwein presented a copy of Florida Statutes Section 319. 30 regarding dismantling, destruction, change of identity of motor vehicles. After thorough discussion, Mr. Wolfson moved that the Board grant Mr. Miller the use by exception that would allow him to be in compliance with the City Code and to adjust his business to the 1990 Florida State law applicable to his situation. Mr. Wolfson further recommended that Mr. Miller be granted only a temporary use by exception until the date of June 30, 1991 or four months and ten days. Mr. McCaulie stated that if Mr. Miller's situation had not changed by that date that he would be allowed to come back before the Board at that time. Mr. Wolfson amended the 111 motion to limit the number of vehicles to those already present at the location. Ms. Gregg seconded the motion and it was unanimously passed. • II. Application for Variance filed by Kirk and Bonnie Hansen on property known as Lot 7, Ocean Breeze. Mr. Vincent Barbera, representing Mr. and Mrs. Hansen, introduced himself to the Board and stated that a variance was being sought to the building height restriction for the construction of a single family residence. The lot is unique in that it contains a 38 foot high dune immediately to the east of the coastal construction setback line and a low point just to the west of the line. This places the front (ocean side) of the house at the lowest point on the lot with the result being a 35 foot high house with a 38 foot dune between it and the ocean. The applicant desired to construct a house 58 feet high to allow the residence to have a view over the dune from both the main floor level and the bedroom level. Mr. Frohwein stated that he would be abstaining from voting due to a conflict of interest in that as a contractor he had talked to Mr. and Mrs. Hansen regarding being their builder. After lengthy and thorough discussion, the Chairman called for a motion. A motion was made by Mr. Wolfson to deny the application, seconded by Ms. Gregg and passed by a vote of 5-0 with one abstention. III. Application for Variance filed by Mr. and Mrs. Edward W. Lane III for property located at 1735 Beach Avenue. Mr. Lane introduced himself to the Board and stated that he was seeking a variance in order to obtain a building permit and presented a site plan of the existing structure and the addition sought in his request. After lengthy discussion a motion was made by Mr. Howie that the variance be granted, seconded by Mr. Frohwein and unanimously passed. IV. OLD BUSINESS A general discussion was held regarding a notice of meetings as well as posting a notice at the property site and notification of adjacent property owners. Mr. Wolfson moved that any item that is to come before the Board be published in short form in the newspaper and notice at the property site with the date of meeting at least seven days before the next meeting. Mr. McCaulie added that when possible the address be added to said notices for better identification. The motion was seconded and unanimously passed. 111 Further discussion followed regarding a use by exception application approved by the City Commission after a recommendation of denial by the Board. It was agreed by the Board that letters be drafted on an individual basis by the S members of the Board to the City Commission regarding this matter. Mr. Howie moved that each member be limited to three minutes time for each response in addressing issues before the Board. The motion was not acted upon. There being no further business to come before the Board, the meeting was adjourned. SIGHED: _ or'__ regg^M• '��lie ATTEST Pat Harris • S