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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