10-18-88 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
OCTOBER 18, 1988
7:00 P. M.
CITY HALL
PRESENT: W. Gregg McCaulie, Chairman
Louis B. MacDonell, Vice Chairman
Ruth Gregg
Kathleen Russell
John Bass
Samuel T. Howie
Donald Tappin
AND: Richard C. Fellows, City Manager
Rene' Angers, Recording Secretary
AND: Charlie Riggins
Emory Thorpe
William Dawson
Joesph R. Koerner
John H. McManus
John Heaton
Jim Parks
Steven Harris
Chairman McCaulie called the meeting to order at 7:04 p. m. He
asked for comments or corrections to the minutes of the meeting
of September 20, 1988. There being none, Mrs. Gregg motioned that
they be approved as presented. Mr. MacDonell seconded the motion
which carried unanimously.
* * * * *
NEW BUSINESS
A. APPLICATION FOR LAWN SERVICE AS A HOME OCCUPATION: 820
SAILFISH DRIVE; CHARLIE RIGGINS
Charlie Riggins stated that he was not aware that he was required
to obtain a city occupational license in addition to his county
license. He added that he has been in business in this location
for several years.
Mrs. Gregg questioned where Mr. Riggins keeps and maintains his
lawn equipment. Mr. Riggins replied that he had been notified by
the Code Enforcement Officer that he could not keep the equipment
at his home and that he had since moved the equipment to Palm
Valley.
Chairman McCaulie called on the audience for comments. Charles
F. Hayworth, 808 Amberjack Lane, felt that, in general,
businesses should not be allowed in residential districts. He
felt property values could be affected.
There being no further discussion, Mr. Bass motioned to approve
the application. Mr. Howie seconded the motion which carried
unanimously.
B. APPLICATION FOR UPHOLSTERY SERVICE AS A HOME OCCUPATION:
831 BONITA ROAD; EMORY THORPE
Emory Thorpe stated he has resided at the present address for two
years and that he has had an upholstery business for the past
five months. He added that a screened porch serves as his work
area, and that he accepts a piece of work only when the last
piece is finished.
Charles Hayworth made note that there is a sofa in Mr. Thorpe's
side yard. Mrs. Gregg expressed concern over Mr. Thorpes
request to upholster vans. Chairman McCaulie informed Mr. Thorpe
that there can be no vans parked at the house and no outside
storage. Mr. MacDonell added that Mr. Thorpe would be
responsible for pickup and delivery of the items.
There being no further discussion, Mr. MacDonell motioned to
recommend approval of the application subject to there being no
outside storage, no noise and no customers coming to the house.
Mrs. Gregg seconded the motion which carried six to one. Mr.
Tappin voted NO.
C. APPLICATION FOR EXCEPTION TO ALLOW ABOVE GROUND FUEL OIL
STORAGE TANKS IN AN ILW ZONING DISTRICT; LOTS 6 & 9, MAYPORT
INDUSTRIAL PARK; DAWSON LAND DEVELOPMENT COMPANY
William Dawson, 1701 Azalea Drive, Jacksonville Beach, stated
that he requests permission to install two-8, 000 gallon fuel oil
storage tanks at their industrial site. The tanks are
approximately 20' long and 6' high and built on a slab with a
containment area in case of a spill. He added that the tanks
would comply with all state and federal regulations, and that
they were required to obtain a permit from the state.
Desmond Waters, 1835 Seminole Road, questioned whether water
wells in the area would be put at risk. Mr. Dawson replied that
the concrete containment area is required to hold more than the
storage tanks.
There being no further discussion, Mrs. Gregg motioned to
recommend approval of the application. Chairman McCaulie asked
that the motion be amended to stipulate installation of a six
foot chainlink fence with barbed wire along the top. Mrs. Gregg
accepted the amendment. Mr. Tappin seconded the amended motion.
the amended motion carried unanimously.
D. APPLICATION FOR SIDE YARD VARIANCE; PART OF LOT 3, BLOCK 19,
ATLANTIC BEACH, 542 BEACH AVENUE; JOSEPH R. KOERNER
Jim Mace, 542 Beach Avenue, stated that Mr. Koerner, his
landlord, had asked him to speak on his behalf. Mr. Mace stated
that the application entailed replacing deteriorating steps and
landing with a 6' x 14 ' elevated deck. Statements of no
objection from adjacent property owners was submitted with the
application. There was no one to speak against the application.
Mrs. Gregg motioned to approve the application. Mr. Howie
seconded the motion which carried unanimously.
E. APPLICATION FOR VARIANCE OF FENCE HEIGHT; 2120 BEACH AVENUE;
JOHN H. MC MANUS (CONFLICT DECLARED BY MEMBER KATHLEEN
RUSSELL)
Atorney, Steven Durance, 4645 Monument Circle, Jacksonville,
stated that he represents Mr. McManus. He stated that the fence
in question had been partially constructed prior to annexation of
the area to Atlantic Beach. The portion of the fence in
violation was constructed after annexation. No permits were
obtained from the City of Jacksonville or the City of Atlantic
Beach. Mr. Durance stated that the property slopes down four
feet near the north property line, and that in maintaining an
even line along the top of the fence, the fence reaches a height
of 10' . He added that the neighbors to the north had no
objection to the fence and that, in fact, they like it.
Robert G. Alexander, attorney for the Russells, 1020 Blackstone
Building, Jacksonville, made the following statements:
1. No permits were issued.
2. The relief sought is for self inflicted hardship.
3. The premise the petition is based on is that he deeded
himself his own land and can, therefore, build out 25' into the
right of way.
4 The matter is currently in litigation in the Duval County
Cirucit Court.
Mr. Ron Hayward, 2127 Beach Avenue, strongly objected to the
application. He felt that "the law is the law" and that it
should be upheld equally for everyone. Desmond Waters felt that,
aestetically, it is an "extremely attractive" fence and a
compliment to the neighborhood. He stated that the McManus' kept
the natural grade of the land and that allowances should be made
or the effect would be lost.
After lengthly discussion, Mr. MacDonell suggested deferring
action on the application. He felt the board may not have legal
authority to approve the application. He also felt the fence
code is not detailed enough in that it doesn' t address rolling
land with deviations in terrain elevations. He recommended that
the City Commission re-work the section of the code relating to
fence heights.
A motion to defer the application and recommend revising the
fence ordinance was made by Mr. MacDonell, seconded by Mrs.
Gregg and carried six to one. Mr. Tappin voted NO.
* * * * *
OLD BUSINESS
Jim Parks of Gee & Jenson, held a discussion with the board
regarding the Intergovernmental Coordination and Coastal
Management Elements of the Comprehensive Plan. Some of the
points discussed include establishment of a "Committee of
Communities", raising the elevation of Atlantic Boulevard at the
intracoastal waterway above the base flood elevation, and the
importance of the Wonderwood Expressway (which is to be addressed
in detail in the Traffic Circulation Element) .
* * * * *
OTHER NEW BUSINESS
F. APPLICATION FOR FRONT YARD VARIANCE; LOT 38, SELVA TIERRA;
TIERRA VERDE DRIVE; JOHN HEATON
Mr. Heaton stated that his request is to vy from the
requirments of the Planned Unit Development which calls for 25'
front yards where 20' is permitted in other areas. He explained
to the board that he would like to construct his house on a dune
which is located on the front of the property and that the only
alternatives are to move the house back and fill the lot, which
will cause flooding on his neighbors or to take down the dune and
loose a great deal of trees.
Mr. MacDonell asked the secretary to ensure that a covenant and
restriction hold harmless statement is secured from Mr. Heaton.
The secretary replied that Mr. Heaton has executed the proper
papers and they are in the file.
There being no further discussion, Mr. Tappin motioned to approve
the application. Mr. Howie seconded the motion which carried
unanimously.
* * * * *
MISCELLANEOUS BUSINESS
Steven Harris, 1 Harrison Street, New York, presented the board
with a model of a project he proposes to present formally to the
board at it 's next meeting. The property is located on Sixth
Street at Sherry Drive. Mr. Harris expressed that the intent of
the project is to create an "old Atlantic Beach" setting by
constructing six single family homes with free standing garages
and shared common alley-ways.
There being no further business to come before the board a motion
to adjourn was made by Mr. Tappin, seconded by Mrs. Russell and
carried unanimously. The meeting was adjourned at 9:00 p. m.
V.e"-Gregg MAt e, Chairman