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10-15-91 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA OCTOBER 15, 1991 7:00 P. M. CITY HALL PRESENT Gregg McCaulie Ruth Gregg Samuel Howie Robert Frohwein John Bass Don Wolfson AND Alan Jensen, City Attorney George Worley, II, CD Director Pat Harris, Recording Secretary The Chairman, Gregg McCaulie, called the meeting to order and asked for approval of the minutes from the last meeting. Ms. Gregg moved for approval, Mr. Howie seconded the motion and the minutes were unanimously approved. The Chairman introduced Fire Chief Walter Rew who discussed possible fire hazards in granting side yard setback variances. Chief Rew informed the Board that the Fire Department needs approximately ten feet to raise the 35-foot ladder and that by granting variances the Fire Department is thereby hindered from properly defending the community. NEW BUSINESS: I. Application for Variance filed by Deborah Howe to allow a retaining wall that is more than the allowed 6 ' in height on adjacent side of wall for property located at 1605 Beach Avenue. John Duss, attorney for Ms. Howe, introduced himself to the Board and explained to the Board reasons for which the variance was requested and presented a letter from Mr. Allen, a neighbor to the north of the property indicating his approval of the existing wall. After discussion, Mr. Howie moved that the variance be granted as recommended by staff by reducing the height of the wall to six feet. Mr. Bass seconded the motion. Mr. Frohwein requested to amend the motion regarding the minimum variance and lower the wall and have twice as many steps. Mr. Howie rejected the request to amend the motion. All members were amenable to the amendment of 8 inches being one course rather than 12 inches thereby making the wall 6 feet 4 inches. It was determined that the present height of the wall is 7 feet 4 inches. The Chairman stated for clarification that the wall was only to be reduced by 8 inches. Mr. Wolfson suggested to Mr. Howie to reduce the whole wall by 8 inches. Mr. Howie stated that in view of the fact that the City had approved the plans, that the wall was up and people on either side had approved it that he would like his motion to stand. The Chairman stated that he had more concern with the visual height of the wall on the point where it meets the street and he liked the suggestion to increasing the number of steps. Mr. Wolfson stated that he was opposed to the motion as amended and that he has had a couple of neighbors in that neighborhood complain about the overbearance of the wall when walking north/south, specifically people who own 1611 Beach Avenue and it did not conform to the contour of the land and therefore and he would be more inclined to concur with Mr. Frohwein. Ms. Gregg asked if the area was to be landscaped and was assured that it would be extensively landscaped. Mr. Wolfson stated that the landscaping had no bearing on the contour of the land the way the code is written. After discussion, the Chairman called for a vote and the motion failed on a tie vote. Mr. Wolfson moved to grant the variance in accordance with the recommendation of staff with the added requirement to remove a single course of block along the north side of the wall and increase the number of steps in the wall from 3 to 6. The motion was seconded by Mr. Frohwein. After discussion, the variance was granted by a majority vote. II. Application for Variance filed by Mark H. Holmes requesting a 5 foot setback from north property line to obtain a building permit to construct a house with attached garage at property located at 275 Beach Avenue. Mr. Holmes introduced himself to the Board and described the reasons a request for variance had been filed. After discussion, Mr. Wolfson moved to approve the variance, Mr. Bass seconded the motion and the variance was unanimously approved. III. Application for Variance filed by Lynwood Dyal to allow the construction of a duplex on property known as Lot 3, Block 150, Section "H" (west side of Main Street between 8th and 9th) . Said lot has a width of 50 feet and the zoning district requires 75 feet. Lynwood Dyal introduced herself to the Board and explained her reasons for requesting a variance. After discussion, Ms. Dyal requested that the Board defer her application until a later date at which time she might be in a better position to request the variance. IV. Application for Variance filed by Emmet F. Ferguson III to obtain a building permit to extend and remodel an existing non- conforming structure for property located at 1665 Beach Avenue. Mr. Ferguson introduced himself to the Board and explained his reasons for requesting a variance. After discussion, Mr. Frohwein moved to deny the application, Mr. Wolfson seconded the motion, however, being advised that if the request was denied application could not be refiled for a period of one year. Therefore, Mr. Ferguson requested that the Board defer his application until a later date. DISCUSSION ITEMS: I. Discussion continued regarding the fire hazards in granting variances thereby creating concern on the part of the fire department in fighting fires. Particular reference was made by Mr. Wolfson regarding the Levy Road variance granted at the previous meeting. Mr. Frohwein also mentioned his concern in granting the variance and that the Board should be more coznizant in granting future variances. II. Invoking "Grandfather" status of property. A general discussion followed regarding an item that had come before the Board at the last meeting and was deferred until a special meeting could be called. In the meantime the item was taken before the City Commission and the request was granted by the City Commission by invoking the grandfather status of the property. Mr. Wolfson pointed out staff's recommendation regarding the above application and that the application was handled improperly as proper procedure was not followed. He also read a draft motion he had prepared for the Board's review. The Chairman stated that everyone probably has in their own mind an idea of what the term "grandfathered" means to them and there may not be a universal acceptance of the true meaning of the term. His conception of grandfathering was if a structure or the use of a structure is in existence and the city changes the zoning or changes the law which applies to the use of the structure that the structure or use will continue and be grandfathered in. If at some point in time that structure is changed or the use is changed they would have to come into conformity with the current existing law either through zoning or use. If something is already there and the law changes you are allowed to keep it there but it cannot be changed without complying with what law is in force at the time. Mr. Frohwein stated that it is the intent of the Community Development Board to attempt to structure and shape the community and that in the future hopefully the structuring would be uniform throughout the City. It was suggested by several members of the Board that a meeting take place between the City Council and the Community Development Board to clarify purposes and intent of such matters. The Chairman suggested that an informal workshop be held between the Board and the City Commission. All members were in favor of holding said workshop. Mr. Worley stated that badges for the members of the Board could be obtained to wear when visiting various sites in the community. Mr. Worley also stated that at the previous night 's commission meeting Mark McGowan had been appointed to fill the vacated seat of Kathleen Russell. There being no further business to come before the Board on motion made and seconded, the meeting was adjourned. SIGNED: , s , (2P1)-44-1--"' �ATTEST: _� - 44I 2 - ----