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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. • 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 • 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