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04-21-87 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA April 21, 1987 CITY HALL Present : W. Gregg McCaulie, Chairman Louis B. MacDonell, Vice Chairman Samuel T. Howie Frank Delaney Donald Tappin John Bass And : Richard C. Fellows, City Manager Claude L. Mullis, City Attorney Rene' Angers, Recording Secretary And : Melody Linger and Janice Fleet Dylan and William Morgan Ellen C. Price and Bill Nussbaum Curtis B. Loftis Michael Kaufmann William M. Valley Allan Jensen Herbert B. Moller, Jr. Chester Skinner, III Absent : Ruth Gregg The meeting was called to order at 7:07 p. m. Chairman McCaulie asked for a motion on the minutes of the meeting of March 17, 1987. Mr. MacDonell motioned to approve the minutes as presented. Mr. Tappin seconded the motion, which carried unanimously. * * * * * MISCELLANEOUS BUSINESS A. Presentation by Gee & Jensen - Comprehensive Plan Melody Linger and Janice Fleet, representatives from Gee & Jensen, held a brief discussion with the Board. They stated that they had submitted the required deliverables to the state for the recreation and open space elements of the comprehensive plan. Chairman McCaulie questioned a traffic circulation map prepared by Gee & Jenson that indicated Atlantic Boulevard was six laned and Mayport Road was four laned. He stated, for the record, that they were reversed. NEW BUSINESS A. Recombination of Lots by Morgan Properties Dylan Morgan, 1653 Coquina Place, stated that they proposed to recombine two lots in the Beachside subdivision with a parcel east of Beachside, on Beach Avenue. He stated that the proposed three new lots would be identical in size to the original parcels. There was discussion from home owners and the developers of Beachside. They asked the Board to defer action until the request could be presented to the Beachside Homeowner's Association. Upon recommendation of the City Attorney, the Board deferred action on the request. B. Application for Rezoning - Ellen C. Price; Lot 80, North Atlantic Beach Unit III Bill Nussbaum, 1900 First Union Building, Jacksonville, attorney for Mrs. Price, stated that Mrs. Price has owned the property since 1963 and that it was zoned multi-family when she purchased it and that it was zoned multi-family prior to annexation. He stated that there is a small area of single family dwellings in the area but that they are almost surrounded by duplexes. He added that any problems created from the change in zoning would be minimal or non-existent. Mr. MacDonell informed Mr. Nussbaum of a new ordinance that would permit a secondary dwelling, in addition to a main residence, on ocean front lots. Mr. Nussbaum felt a secondary dwelling would probably be rental property and would be less desirable. The following citizens expressed their opposition to the change in zoning: Susan Podzamsky, 2115 Beach Avenue; Lee & Donna Ross, 2126 Beach Avenue; Mr. & Mrs. Fred Aldridge, 1555 Selva Marina Drive; Mr. & Mrs. Bob Grube, 801 3rd Street Neptune Beach; Mr. & Mrs. John McManus, 2120 Beach Avenue; Jeannie Gracie, 60 20th Street. The following citizens supported the change in zoning: Mark Kredell, 1851 Beach Avenue; George Bull, Jr. , 47 11th Street ; Mr. & Mrs. Roger Rizk, 4524 Country Club Road, Jacksonville; Mr. and Mrs. Bert Russell, 2077 Beach Avenue; Ronald Hayward, 2127 Beach Avenue. The Chairman read the Findings of Fact. Mr. Delaney answered NO to items ( 1 ) and (2) . Several members answered NO to item (3) . All members answered YES to item (4 ) . Mr. Delaney stated that Atlantic Beach had enacted single-family zoning in order to maintain integrity of the area. He felt approval of the application would constitute spot zoning. There being no further discussion Mr. Howie motioned to recommend approval of the change in zoning classification from RS-2 to RG-1. Mr. MacDonell seconded the motion, which carried 5 to 1. Mr. Delaney voted NO. C. Application for Home Occupation - Advertising Design Curtis B. Loftis, 182 Magnolia Street Mr. Loftis stated that he designs logos for marketing of villas located mostly out of the country. He stated that there would be no one coming to his house and that all transactions would be carried out over the telephone and through Federal Express mail service. He added that he has been doing business out of his home since he bought it approximately one year ago. Several neighbors expressed concern with additional traffic and reduced property values. Mr. Delaney motioned to recommend approval of the application. Mr. MacDonell asked to amend the motion to limit the exception to Mr. Loftis personally and not to the property. Mr. Delaney accepted the amendment and further amended the motion to make it contingent upon Mr. Loftis providing a floor plan of his house prior to licensing. Mr. Howie seconded the motion which carried unanimously. D. Application for Home Occupation - Painting Contractor Michael Kaufmann, 316 Sixth Street Mr. Kaufmann stated that he was starting a new painting company and that he planned to move to a commercial zoning district as soon as possible. He stated that no one would come to his house, and that all equipment and materials are kept on trucks at other locations. He added that he would comply with the floor area requirements. Mr. MacDonell motioned to recommend approval of the application for a period of two years, subject to the conditions of the ordinance regulating home occupations, and that it be issued to Mr. Kaufmann personally and not to the land. Chairman McCaulie seconded the motion. The Board reviewed the Findings of Fact and determined that they did not apply. The motion carried unanimously. E. Application for Home Occupation - Concrete Landscape Company William M. Valley, 606 David Street Mr. Valley stated that he keeps all equipment connected with his business in a business district on Mayport Road, and that all bidding and mixing are done on-site. He added that the yard is presently in poor condition and that he has made a deal with the property owner to install his product. After further discussion, Mr. Tappin motioned to recommend approval of the application. Mr. Delaney asked to amend the motion to restrict the property from being used as a demonstrator. Mr. MacDonell asked to amend the motion to limit the exception to Mr. Valley personally and not to the land. Mr. Tappin accepted the amendments. Mr. Howie seconded the motion which carried unanimously. F. Application for Use by Exception - Contractor with No Outside Storage and an Automotive Service Garage in a CG Zoning District; Pan Am Investments, 800 Mayport Road Mr. MacDonell declared a conflict of interest and abstained from voting on the application. Allan Jenson, 447 Atlantic Boulevard, attorney for Pan Am Investments, stated that there presently is an auto generator repair store, Johnny's Garage, and a used car lot in close proximity to the property and that the proposed uses would not be out of character for the neighborhood. He added that there would be no outside storage. The Board reviewed the Findings of Fact. Mr. Delaney motioned to recommend approval of the application. Mr. Howie seconded the motion which carried unanimously. Mr. MacDonell abstained. G. Application for Rear Yard Variance from 20' to 10' Herbert B. Moller, Jr. , Ninteen hundred Block of Beach Avenue Mr. Moller, 1911 Beach Avenue, stated that his family had purchased this 50' x 50' lot in 1943 when there were no setback requirements in the City of Jacksonville. He stated that he planned to build in the late 1950's but was drafted into the Korean War and was away for the next twenty-eight years. He added that the City of Jacksonville's minimum rear yard requirement is 10' and that he would not need a variance if the area had not been annexed. Chairman McCaulie read the Findings of Fact and all items were answered favorably. Mr. Howie motioned to approve the variance. Mr. Tappin seconded the motion which carried unanimously. H. Application for Total Side Yard Variance from 15' to 10'4" Chester Skinner, III, 81 Beach Avenue Mr. Skinner stated that they have a house that is in non-conformance to the current side yard regulations. They propose to construct an addition by extending the existing walls which currently provide 10'4" total side yards. Mr. MacDonell stated that he was a member of the Board of Adjustment when the original variance was granted to construct the home. Ann Rogers asked if they were asking to encroach the coastal construction setback. Mr. Skinner replied that they would only encroach the side yards, not the front. Mr. Skinner presented statements from the adjacent property owners that indicated they had no objection. Mr. MacDonell motioned to approve the application. Mr. Howie seconded the motion. Chairman McCaulie read the Findings of Fact and each item was answered favorably. The motion carried unanimously. I. Application for Relief from the Septic Tank Moratorium Nathan Hale, Lot 6, Block 197, Section H Mr. Hale stated that the lot has been in his family for thirty years and that he has owned it for the past four years. He stated that he has always intended to build his home on the lot. Mr. MacDonell motioned to recommend approval provided that he hook-up to city sewer when it becomes available. Gregg McCaulie seconded the motion which carried unanimously. There being no further business before the board Mr. Delaney motioned to adjourn. Mr. MacDonell seconded the motion which carried unanimously. The meeting was adjourned at 9: 30 p. m. % • W. reg. M a a\ lie, Chairman FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME /444cL /-4=74-745 J75 ,4 THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON AILING ADDRESS / WHICH 1 SERVE ISA UNIT OF: 153SS�L✓�/177+4,2//meg .P,/2 b CITY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE CITY COUNTY /4-77-- /V-77C ��jY}C ����� NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED - 2 1 - 'E 7 C1-ry ©F ATLA- NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE C�o/71/4 Ghatry P41 -V WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county, special tax districts,etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. in any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on /�'� ' z 2/ , 19 ' (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of /11/4C-- -- /+Sf'' by whom 1 am retained. CF 1=n11 Al d_oFt/ ine.. (b)The measure on which 1 abstained and the nature of my interest in the measure is as follows: fa2 `7 / 7 / te Filed Signature • Please see PART C for instructions on when and where to file this form. PAFIT 9 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 . (a) 1 voted on a matter which (check one): inured to my special private gain;or inured to the special gain of , by whom 1 am retaine ' (b) The measure on which I voted and the nature of my interest in the measure is as follows: • Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES¢112.317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000.