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10-17-89 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA OCTOBER 17, 1989 7:00 P. M. CITY HALL PRESENT: W. Gregg McCaulie, Chairman Louis MacDonell, Vice-Chairman Samuel T. Howie John Bass Kathleen Russell Don Wolfson ABSENT : Ruth Gregg AND: Rene' Angers, Community Development Coordinator Brenda Dockery, Recording Secretary Mark Arnold, City Attorney AND: Henry Batts Ruben Siston Richard Partridge Rainer and Doris Rosarius Bob Persons Lorin V. Williams and George Bull, Jr. Edward Ash Mike Lanier Chairman McCaulie called the meeting to order at 7:06 p. m. He asked for comments or corrections to the minutes of the meeting of September 19, 1989. There being none, Mr. McCaulie motioned that they be approved as presented. Mr. Wolfson seconded the motion which carried unanimously. ► it 0 0 0 OLD BUSINESS A. APPLICATION FOR SIDE YARD VARIANCE BY HENRY BATTS, LOT 23, BLOCK 13, REPLAT OF ROYAL PALM 2A. Mr. Batts of 369 Royal Palm Drive was not yet present, however the board briefly discussed the study of similar situations in the Royal Palm area. Chairman McCaulie motioned to defer the item until Mr. Batts was present. The motion was seconded by Mrs. Russell and carried unanimously. NEW BUSINESS A. APPLICATION FOR SIDE YARD VARIANCE BY RUBEN SISTON, LOT 6, BLOCK 13, REPLAT OF ROYAL PALM 2A. Mr. Ruben Siston of 442 Mako Drive, requested a variance to allow construction of an open carport within 4' -6" of the side property line. Mr. MacDonell suggested that Mr. Siston construct an accessory building in the rear of his residence within 5' -0" of his rear and side property lines which would not require a variance. Mr. Siston explained that was not possible and expressed a hardship due to several instances of vandalism to his automobile. Mr. Wolfson motioned to deny the side yard variance. The motion was seconded by Mr. MacDonnell and carried unanimously. B. APPLICATION FOR SIDE YARD VARIANCE BY RICHARD PARTRIDGE, LOTS 13 AND 14, BLOCK 50, MANDALAY. Mr. George Bull Jr. was present on behalf of Mr. Partridge and requested a side yard variance to construct a second story deck to connect with the existing second story deck to make the home more esthetically appealing. Mr. Bull clarified that a fence variance was not required as indicated in the application. Mr. MacDonell motioned to grant the side yard variance. The motion was seconded by Mr. Wolfson and carried unanimously. C. APPLICATION FOR REAR YARD VARIANCE BY RAINER AHD DORIS ROSARIUS, LOTS 2, 3 AND 4, BLOCK 125, SECTION H. Mr. Rosarius requested a rear yard variance to construct an additional bathroom along the existing building line which is within 8' -2" of the rear property line. Presently there is only one 5'x 5' bathroom in his residence. Mr. MacDonell motioned to grant the rear yard variance. The motion was seconded by Mr. Howie and carried unanimously. D. APPLICATION FOR SIDE AND REAR YARD VARIANCES BY ATLANTIC BEACH MINI-STORAGE, INC. PART OF THE CASTO Y FERRER GRANT, SEC. 38, TWNSHP 2S, RANGE 29 EAST, ATLANTIC BEACH. Mr. Bob Persons was present on behalf of Atlantic Beach Mini- Storage, Inc. and requested side and rear yard variances to allow construction along the existing building lines which are on zero lot line. Mr. Persons also explained to the board that an overall plan was presented when a use by exception and a change in zoning were granted. The board expressed concern over emergency vehicle accessibility and the possibility of a potential fire hazzard. Mr. Persons assured the board that the building was made of metal and there would be sufficient space for any size emergency vehicle. Mr. MacDonell also pointed out that the existing building was constructed under the old Building and Zoning Regulations and the change in the ordinances provided for a sufficient hardship. Mr. MacDonell motioned to grant the side and rear yard variance. The motion was seconded by Mr. Howie and the motion carried by a five to one vote. Mr. Wolfson voted nay. E. APPLICATION FOR SIDE YARD VARIANCE BY LORIN V. WILLIAMS, PARCELS 1, 2, 3 AND 4, LOTS 7 - 18 AND PT OF 19, BLOCK 1, ATLANTIC BEACH "A". THE SHOPPES OF NORTH SHORE. Mr. George Bull Jr. was present on behalf of Mr. Williams and requested a side yard variance to allow construction of a concrete stairwell within 6' -O" of the property line. Mr. Bull stated that the proposed bank had been eliminated therefore the parking situation would improve and there was no other alternative to the location of the stairs without blocking parts of the store fronts. Mr. Bass motioned to grant the side yard variance. The motion was seconded by Mr. Howie and carried unanimously. F. APPLICATION FOR CONTRACT QUALITY DEVELOPMENT "TIFFANY BY THE SEA", GENERALLY LOCATED ON PROPERTY FRONTING THE ATLANTIC OCEAN AND THE NORTHERN SECTION OF SEMINOLE ROAD. Mr. Edward Ash of 1238 Beach Boulevard, Jacksonville Beach requested approval for a 26 single family development known as "Tiffany By The Sea". Mr. J. C. Green of 2233 Seminole Road, representing the board of directors of Ocean Village, Inc. , presented the board with a written statement expressing their concerns. Mr. Green stated that the development would destroy the "last oceanfront forest in Duval County south of Hannah Park". Mr. Ash assured the board that only necessary clearing would take place and a maximum of 26 units have been planned for when 132 units are permissable. Mr. Mike Lanier of 1768 Park Terrace West stated that 26 single family units would be the best use of the land considering the alternative. Mr. Ash agreed to work with the City of Atlantic Beach in every way possible to ensure adherence to the Code of Ordinances. Mr. MacDonell motioned to recommend approval as presented. The motion was seconded by Mr. Howie and carried unanimously. OLD BUSINESS CONTINUED B. APPLICATION FOR SIDE YARD VARIANCE BY MR. BATTS, LOT 23, BLOCK 13, REPLAT OF ROYAL PALM 2A. Based upon the study of the Royal Palm area, the board decided bring violators in front of the board to obtain a variance after the fact. Mr. Howie motioned to grant the side yard variance. The motion was seconded by Mr. Bass and died due to a deadlock. Mr. Wolfson, Chairman McCaulie and Mr. MacDonell voted nay. G. DISCUSSION . ISSUANCE OF BUILDING PERMITS 4999 AND 41000 1850 - 1852 BEACH AVENUE. LEGAL OPINIONS RENDERED BY MARK ARNOLD, STEVE STRATFORD AND CLAUDE MULLIS REGARDING 1850 - 1852 BEACH AVENUE. Mr. MacDonnell questioned what his personal liabilities were regarding statements or actions made in reference to the issuance of permits 4999 and 41000. Mr. Wolfson expressed concern that no one came before the Community Development Board seeking a variance to build on the substandard lot. Mr. Arnold stated that the permits were issued correctly and were done so under the advise of then city attorney Claude Mullis. He stated that a variance was not required because of the wording of the ordinace and suggested review of the ordinance to prevent similar situations from occuring. He added that it was beyond the power of the Community Development Board to take action and advised citizens who wished to pursue the matter to file a writ of mandamus in circuit court, that it was no longer a municipal matter but a legal one. Mr. MacDonell motioned to Adjourn the meeting. The motionwas seconded by Chairman McCaulie and carried by a five to one vote. Mr. Wolfson voted nay. MISCELLANEOUS BUSINESS . . . . . Gre 3 Caulie, Chairman