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 ,
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