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04-18-89 v :k v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA April 18, 1989 7:00 P. M. CITY HALL PRESENT: Gregg W. McCaulie, Chairman Louis B. MacDonnell, Vice-Chairman Ruth Gregg John Bass Samuel T. Howie Kathleen Russell Don Wolfson AND: William Gulliford, Mayor of Atlantic Beach Richard C. Fellows, City Manager Rene' Angers, Recording Secretary Brenda Dockery AND: Mark Kredell Paul Eakin Chairman McCaulie called the meeting to order at 7:00 p. m. The Chairman asked for comments or corrections to the minutes of the meeting of March 21, 1989. There being none, Mrs. Gregg motioned that they be approved as presented. Mr. Wolfson seconded the motion which carried unanimously. it * * * " OLD BUSINESS A. APPLICATION FOR REAR YARD VARIANCE BY MARK KREDELL; PART OF GOVERNMENT LOT 4, SECTION 9, TOWNSHIP 2-SOUTH. A 50'x 50' PARCEL ON THE SOUTHWEST CORNER OF 18TH STREET AND BEACH AVENUE. Paul Eakin, attorney for Mr. Kredell, presented the board with several letters from residents supporting the variance and a map which highlighted similar variances that had been granted. Mr. Kredell stated that he proposed construction of a two bedroom garage apartment; that one garage space would be for the rental unit and the other spaces would be used by the oceanfront residents. Several members of the board expressed concern for the limited parking spaces provided for the rental unit. It was clarified that the zoning code requires a minimum of two spaces for each residential unit. Discussion ensued regarding the intended use of "Garage Approach Road" ( Beach Avenue), whether the vacant land to the west was intended to be used exclusively for parking for the oceanfront homes. Mr. Eakin questioned whether a hardship is a requirement in granting variances. Mr. Wolfson replied by quoting Section 24-49 from the Code of Ordinances, "Powers and Duties of the Community Development Board". Mr. Eakin defined the hardship as a need for additional parking facilities for the oceanfront units and that, without the variance, Mr. Kredell would be forced to construct a ten foot wide building. He added that similar variances have been granted in the area and that his client should not be singled-out and deprived of his rights. Several residents spoke against the variance, including Robert and Linda Fagens, 1847 Ocean Grove Drive; Bob and Mary Anne Frohwein, 1847 Ocean Grove Drive; Ken O'Rourke, 1843 Ocean Grove Drive; and Desmond Waters, 1835 Seminole Road. Residents feared impairment of sunlight and air circulation, an increase in traffic and a change in the quality of life should the variance be granted. After lengthy discussion, the Chairman asked for a motion. Mr. Howie motioned to deny the application for variance. Mr. Wolfson seconded the motion. Mr. Wolfson then gave a lengthy history of the area, with particular reference to the original deed restrictions. He suggested that the Board may have made an error when granting similar variances; that the Board may have granted privileges they did not have authority to grant. He stated that "Garage Approach" was uniquely designed for additional parking facilities and not for living spaces. Mr. Kredell stated that the Board had granted variances to similar lots to make them buildable and that he should be given the same consideration. Mr. MacDonell agreed, adding that he felt the application met the `findings of fact' requirements. After further discussion the Chairman called for the vote. The motion to deny the application for variance carried with a five to two vote. Members McCaulie and MacDonell voted NO. B. APPLICATION FOR SIDE AHD REAR YARD VARIANCE BY MR. JIM NOVEMBER: LOT 4, REPLAT OF LOTS 1 AND 2, BLOCK 31 ATLANTIC BEACH SUBDIVISION. Application was withdrawn by applicant prior to the meeting. No action taken. MISCELLANEOUS BUSINESS A. RECOMMENDATION FOR AMENDMENT TO PUD ORDINANCE Chairman Mc Caulie opened the floor for comments and questions. Discussion ensued regarding the establishment of an architectural review committee and the similarities to the existing PUD ordinance. There being no objections to the amendment, Mr. MacDonell motioned to endorse the amendment. Mrs. Gregg seconded the motion, which carried unanimously. B. DISCUSSION - PREVIOUS ACTION; REZONING LOTS 41-60, NORTH ATLANTIC BEACH UNIT II Mr. Wolfson stated that he had requested that the item be brought back to the Board for further study. He felt the Board's actions constitited spot zoning, that the majority of the property already conforms to RG1 zoning. The Chairman stated the Board had already made their recommendations and felt it should not be brought back unless referred by the City Commission. No action was taken. There being no further discussion Mrs. Gregg moved to adjourn. Mrs. Russell seconded the motion. The meeting was adjourned at 9:23 p. m. by unanimous decision. k • i, c( tom,, r -- - • G 4 eg Alag ulie, Chairman