11-19-85 v MINUTES OF THE ADVISORY PLANNING BOARD
CITY OF ATLANTIC BEACH, FLORIDA
November 19, 1985
CITY HALL
7:00 P.M.
PRESENT: W. Gregg McCaulie, Chairman
Commissioner John W. Morris, Jr.
Ron D. Gray
Guy M. Jennings
Ruth Gregg
AND: Richard C. Fellows, City Manager
Rene' Angers, Recording Secretary
AND: Lonnie Wurn
Harry T. Gross
Larry Wilson
Charles C. Dennis
Chairman McCaulie called the meeting to order at 7:03 p.m. He stated that
approval of the minutes of the meeting of October 29, 1985 would be
deferred until the next meeting. He called attention to the New Business
before the Board.
NEW BUSINESS
A. Request for Rezoning of Lot 8, Block 9, Atlantic Beach Subdivision A;
from RS2 to RG2; by Jacqueline Wurn and Stephen Grad.
Mr. Lonnie Wurn, 3204 Independent Square, stated that he was the attorney
representing the applicants. He presented a large scale site plan of the
area. It indicated that there were 5 duplexes and one tri-plex behind their
single-family-zoned lot; there was a duplex on the west side and a 5-plex,
4-plex and a paved parking lot on the east side. Across the street from
their lot was a duplex and on the opposite corner of 7th Street and East
Coast Drive were 2.:duplexes, Mr. Wurn stated that they were not asking for
special treatment but only wanted to be treated like others on the block,
He didn't feel it would constitute "spot zoning", and he felt, in it's
present state, it should be considered "spot usage". He asked the Board
to recommend the zoning change in order to match reality,
Guy Jennings asked how long the applicants had owned the property and if they
were aware of the zoning when they purchased it, Nor, Wurn stated that they had
owned the lot for approximately 2 years and that they were aware of the zoning.
Chairman McCaulie asked the audience for comments or questions
Bernard Hydrick, 320 7th Street, spoke in opposition of the rezoning.
Jerry Jacobsen read a letter from Diana Mark, 316 7th Street, which objected
to the rezoning, A copy is attached.
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Advisory Planning Board
November 19, 1985
Page 2
Sheldon Goldsmith, Lots 19,21,23, and part of 25, Block 8, Subdivision A,
stated that he did not want the property rezoned for a duplex. However,
if it was rezoned, he wanted his property to be included in the rezoning.
He submitted a letter to that effect. A copy is attached.
Ed Wilfer spoke for his father Harold Wilfer, 310-312 8th Street. He
stated that many of the duplexes in the area are grandfathered-in and that
they can not be re-built if they are destroyed.
Guy Jennings felt the duplex zoning had to end at some point. He didn't
feel the zoning was unusual or unfair.
There being no further discussion, Ron Gray motioned to recommend that the
request for rezoning be denied. Ruth Gregg seconded the motion which
carried unanimously.
B. Request for Use by Exception - 980 Mayport Road, Lots 1-7, Block 41,
Section H; for automobile garage and used automobile sales in a CG district,
by Harry T. Gross.
Commissioner Morris stated that Mr. Gross' property is presently grandfathered-
in under a previous zoning for the uses requested and that he wanted to
formally put it on record as a Use by Exception to conform to the zoning
requirements.
There was a brief discussion between the Board members. There was no one
present to object to the request. Ron Gray motioned to recommend approval
of the request. Guy Jennings seconded the motion which carried unanimously.
C. Request for Use by Exception - 40 Mayport Road, Blocks 22A and 23,
Section H; for used automobile sales in a CG district, by Larry Wilson.
Mr. Wilson stated that he has already leased the property and that he was
ready to open for business when he discovered the need to obtain a Use by
Exception. He stated that he had cleaned-up the beer bottles from the lounge
next door and that they were painting the building; he felt he could make the
corner more attractive.
Ron Gray felt Mr. Wilson should have written authorization from the owner of
the property in order to request a Use by Exception. He motioned to recommend
approval of the request subject to a letter of authorization from the owner
being submitted.
Chairman NbCaulie addressed the items to be considered when reviewing a Use by
Exception listed in Section 24-63 of the Code.
There was no one present to speak against the request. Ruth Gregg seconded
the motion to recommend approval of the request. The notion carried unanimously.
Advisory Planning Board
November 19, 1985
Page 3
D. Request for Use by Exception - 680 Mayport Road, Lots 1-7, Block 35,
Section H, for a child care center in a CG district, by Assemblies of God
Church.
Charles C. Dennis, Pastor of Atlantic Beach Assemblies of God Church,
stated that the Chaplin on the Naval Base had indicated to him that there
are over 26,000 men at the base, with over 75,000 dependents. The present
day rare facility only accomodates 66 children. He stated that funding for
an additional on-base day care center was denied and that they were in
desperate need of additional day care facilities in the area. He stated
that H.R.S. had measured their building and property and determined that
they could accommodate 157 children.
Guy Jennings was concerned with having children on Mayport Road and asked
the lay out of the property. Pastor Dennis replied that the church owns
seven lots and that only two front on Mayport Road and that the play ground
area would be behind the church, well away from Mayport Road. He added
that H.R.S. has very strick regulations that must be met.
Chairman McCaulie addressed the items to be considered when reviewing a Use
by Exception listed in Section 24-63 of the Code.
Based upon the fact that the licensing board would handle his concerns
regarding safety, Guy Jennings motioned to recommend approval of the
request. Ron Gray seconded the motion which carried unanimously.
is * * i. n , * * i. n i. i4 * *
MISCELLANEOUS BUSINESS
A. Commissioner Morris suggested that grandfathered-in uses along Mayport
Road should be notified that they can now apply for Use by Exceptions to be
in compliance with the zoning. Guy Jennings felt the rules and regulations
of Use by Exceptions should also be sent.
B. Chairman McCaulie informed the Board that Mr. Masters Use by Exception
considered at the last meeting had an error in the legal description on the
application, although the Board had the correct property in mind when they
recommended approval. He stated that the Commission would consider amending
the legal description at its next meeting. The Board had no objection.
C. There was a discussion on whether the property owner's signature should
be required on applications for Use by Exceptions as on Rezoning applications.,
Ron Gray motioned that owners signatures be required on the applications.
Guy Jennings seconded the notion which carried unanimously. Mr. Fellows
added that wording of the ordinance would have to be amended.
There being no further business before the Board Chairman McCaulie adjourned
the meeting at 8:55 P.M.
W. Gr cCa , Chairman
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HSR BLOCK
THE INCOME TAX PEOPLE
3718 Beach Boulevard Jacksonville,Florida 32207 (904)398-0353
November 16, 1985
Advisory Planning Board
City of Atlantic Beach
716 Ocean Blvd.
Atlantic Beach, FL 32233
Gentlemen:
Thank you for your invitation to attend the public hearing regarding the
request to rezone lot 8-9 to RG-2. Unfortunately I am out of town on
business but would like to have the opportunity to make my concerns known
to you. I have asked my business associate, Mr. Jerry Jacobsen, to present
you with this letter and to speak on my behalf as we have discussed the
matter in detail and he thoroughly understands the circumstances involved.
When I purchased my property which is lot 7-8 (the drawing sent with your
letter inaccurately indicates I would be at 5-8) , I was attracted to Atlantic
Beach because it was a quiet, neighborly area. I had tired of the crowded
feeling of living in an apartment complex and wanted my own space. This was
ten years ago. Since that time you have permitted the construction of five
appartments directly across from my property even though everyone in attendance
at the original city council meeting spoke against your allowing this to
happen. Prior to that construction, we had parking problems on the street,
noise and excessive traffic. Obviously, the addition of the five units did
nothing to.help this problem; it only made matters worse.
I urge you to consider the density of the population in this half block of
7th St. There are 26 units, not counting the two the Wurn's wish to place
on their property, on 15 lots. You are putting me into the middle of an
apartment complex once again and as a private property owner, I resent the
lack of protection my city government is giving me from being forced into
an unacceptable situation. I purchased the property with faith in the
local government to adhere to the zoning laws as they existed, not to change
the rules everytime someone sees enough space to build a multi-unit dwelling.
You've established your zoning laws, now please abide by them for the good of
the community.
The Wurn's state that their lot is surrounded by apartments. At least they
were fortunate enough to know that before they purchased the lot. I
purchased my property and have had to watch as I became surrounded by
apartments. And now they want to add more to it. They appeal to your
sense of fairness; I appeal to your sense of fairness to the individual
homeowners on 7th St. to make no further exceptions to the zoning laws
and keep lot 8-9 zoned single family.
k you.
Diana R. Mark
316 7th St.
Arlo,�rir Roarh FT. '3771.1
r
November 12 , 1985
Gentlemen;
Just received mail from the City of Atlantic Reach re : rezoning request
change to Duplex on 7th St. Lot 8, Block 9.
Please consider this letter as a formal request to be considered at the
same time to rezone my property Lots 19, 21, 23 and the East 16 feet of
Lot 25, Block 8, (which is approximately across street from Lot 8, Block
9) , to Duplex zoning.
If necessary, please delay any action on this until both requests for
duplex zoning on same street, almost across street, can be considered
at dame time.
I do not wish anymore duplex lot zoning if you continue to keep me in
a single family zoning on this street.
My legal description is : Lots 19, 21, 23, and the East 10 feet of Lot
25, Block 8, Atlantic Beach, as recorded in Plat Book 5, Page 69 of the
current public records of Duval County, Fl.
Enclosed is a copy of survey.
Sincerely,
I
.e don Goldsm th, Jr. 4
1439 Forest
Neptune , 3 33
i . 22
ni o bns nibiiu