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03-20-84 v ADVISORY PLANNING BOARD CITY OF ATLANTIC BEACH, FLORIDA March 20 , 1984 CITY HALL 7 :00 P .M. PRESENT : Ron Gray, Acting Chairman Ruth Gregg Guy Jennings Commissioner John W. Morris , Jr. AND: A. William Moss , City Manager Rene' Angers , Recording Secretary AND: Kelley Amber Charles Bernreuter , III Andrea Bernreuter Tom West Charles Leonard ABSENT: W. Gregg McCaulie , Chairman The meeting was called to order at 7 : 03 p .m. , by Ron Gray . He stated that Chairman McCaulie would be absent from the meeting and that he would be filling in as Chairman. Mr. Gray asked if there were any corrections or additions to be made to the minutes of the meeting of March 5 , 1984. There being none , Guy Jennings motioned to approve the minutes as presented. Ruth Gregg seconded the motion which passed unanimously. * * * * * * * * * * ;: * * * * * NEW BUSINESS Request for Use by Exception - Amber Corporation Ron Gray asked if there was anyone present to represent Amber Corporation. Mr. Kelley Amber , 79 Saratoga Circle , introduced himself and stated that he was requesting a Use by Exception to allow the lot to be used as additional parking space . He stated that the lot backed up to the parking lot of the Lil ' Champ Store located on Mayport Road, adding that the lot was zoned single family residential , and had been zoned that way when Mayport Road was a double lane highway . He stated that he had applied for financing from the FHA and VA but they would not grant a commitment on any lot located on Mayport Road because it was too heavily traveled. Page 2 Advisory Planning Board March 20, 1984 He stated that the Real Estate Representative for Lil ' Champ Stores , Mr. Goodwin, had approached him six months ago and stated that the store would like to enlarge their parking lot. He added that they have no intentions of putting any lighting, billboards or buildings on the lot , only additional parking. He stated that he had discussed it with the adjoining neighbors and they were agreeable to it. He said that they planned to have a 10 ' buffer strip of shrubbery between the lot and the house next door. He said that the concrete wall sign on the corner would be moved because it would be a traffic hazard and that the corner would be landscaped with attractive low shrubs . He stated that there would be a drive through onto Saratoga Circle and that it would mainly serve the residents of Saratoga Circle. He added that those residents presently have to cross Mayport Road, turn towards Atlantic Boulevard, make a U-turn and come back to the store. Ron Gray asked if the Board would like to ask Mr. Amber any questions . Commissioner Morris asked if Mr. Amber had an interest in Lil ' Champ Stores , and whether he was representing them. Mr. Amber stated that he did not have an interest in Lil 'Champ but added that he had discussed the proposition with Mr. Goodwin. Commissioner Morris asked if he would sell or lease the lot to Lil ' Champ . Mr. Amber replied that Lil ' Champ is interested in purchasing the lot based on the Use by Exception being granted. Commissioner Morris asked who would be making the improvements to the lot . Mr. Amber replied that he would probably make the improvements . Guy Jennings asked if the main purpose of the lot would be for parking and where the parking would be located on the lot . Mr. Amber stated that the lot would be used for additional parking and that it would be near the front of the lot near Mayport Road adjacent to the sidewalk. Ron Gray asked why they would need additional parking spaces since they presently have six in front of the store with additional space for the pump island. He added that he had visited several convenience stores in the area and very few of them had more parking than that. He asked if there were plans for expanding the store. Page 3 Advisory Planning Board March 20, 1984 Mr. Amber replied that Mr. Goodwin had related to him that they needed additional parking, mainly for the weekends , early in the mornings when the milk and beer trucks were on the lot , and for employee parking. He added that boaters come in on the weekends to gas up their cars and boats on their way to Mayport and that once the trailers were pulled up on the lot it makes it very difficult for any other cars to enter. Guy Jennings asked how long gas had been available at the Lil ' Champ Store . He replied that the islands were built when the store was built . Commissioner Morris asked Mr . Moss if a Use by Exception passes with the title of property. Mr. Moss stated that the question had never been addressed. He stated that he assumed it went with the business . Ron Gray stated that it was his opinion that as soon as that particular business was interrupted the Use by Exception ceases , and that they could not install additional gas pumps on the lot without coming back to the Board. Mr. Moss added that the zoning would still be residential . Mr. Amber stated that he thought Lil ' Champ ' s only interest in the lot was for parking. Ruth Gregg commented on other parking lots in the area filled with junked cars or cars for sale. Mr. Amber stated that Lil ' Champ is interested in maintaining good relations with their customers and with the Officials of Atlantic Beach. Mr. Moss informed Mr. Amber that the City also has a site plan review process ; that the Fire Chief, Police Chief and City Manager review the site plan and evaluate the proposed storm drainage and insure that it would not infringe on the neighborhood. He added that they would also review the lighting and that the City may require lighting on the lot , and that the City may not think shrubbery would be acceptable and may require a fence as a buffer. Ruth Gregg stated that the lot should be lit because Mayport Road is a dangerous area. Page 4 Advisory Planning Board March 20 , 1984 There being no further discussion from the Board or audience , Guy Jennings motioned to accept the request for Use by Exception to pave the lot for use as a parking lot only, based upon them receiving the proper permits from the various City departments . Ruth Gregg seconded the motion which carried unanimously . i. A n is :C i. is i. n n n n' i': is J n is i': i': * :: V * * :': :': i': i': is is Request for Rezoning - Charles Bernreuter Mr . Bernreuter introduced himself and his wife Andrea and stated that they live at 334 Ninth Street . He passed out a floor plan and front elevation of their proposed townhouses . He asked the Board if they had any questions concerning their request. Commissioner Morris asked if the Bernreuters planned to continue living at that address or if they were planning to sell it . Mr. Bernreuter stated that they would sell all of the units if they could but if they couldn ' t sell them they would continue living there . He added that they would like to find another piece of property and move his existing house there , and that they were taking it one step at a time and that the question was still open. Guy Jennings asked if they had considered moving the old house and building only one of the townhouses . Mr. Bernreuter replied that it would not be cost effective. Ron Gray asked how long they had owned the property. He replied they had owned the property for almost eleven years . Mr. Gray called for any questions or comments from the audience. Joe Yuhas , 325 Ninth Street , stated that there would not be room for the cars to park and that he was opposed to the rezoning. George Herider, 341 Ninth Street , stated that he had made a survey of the neighbors concerning the rezoning . He said that they have a great deal of problems with the other duplexes in the neighborhood; they were loud and had wild parties . Lois Marindino , 335 Ninth Street , stated that she had lived on Ninth Street for twenty two years . She said that she was against having more than two families living there . f ` Page 5 Advisory Planning Board March 20 , 1984 Robert Smith , 320 Ninth Street , stated that he had heard several rumors about what they wanted to do . He added that he was very opposed to four families living there . He said that the street , as it exists now, looks very much like a parking lot. Jeanne Fitzgerald, 361 Ninth Street , stated that she opposed the rezoning because it would create a density problem. Joe H. and Alice McDaniel , 375 Ninth Street , stated that they would not object to one nice townhouse but certainly not two . Beatrice Yuhas , 325 Ninth Street , stated that she was surrounded by duplexes and that it was too much and didn' t want any more. Guy Jennings stated that there seemed to be some question of what a townhouse actually is , and that he didn' t think the intention was to create rental property. He stated that they normally cost between 80 and 90 thousand dollars for each side , and that they are two single family dwellings connected by a party wall . Commissioner Morris stated that there is only one small parcel zoned RG2 in the area, and it was not on Ninth Street. He said that the people in the neighborhood apparently moved there with several duplexes on the street and that the mood of the neighborhood seemed to be to leave the zoning as it is , adding that grandfathering in the existing duplexes certainly doesn ' t mean you have to allow more . Ruth Gregg motioned to keep the zoning as it is ; to recommend disapproval of the rezoning request . Guy Jennings seconded the motion which carried unanimously. To help maintain good relations between the neighbors , Commissioner Morris informed the audience that they have as much right to request as the Bernreuters ; that everyone has the right to request and that they should allow them that right, adding that the neighbors have the same right to voice their protest . Ron Gray added that the Board members are all members of the community of Atlantic Beach and that they want what they think is the best for the community. * n n i. * * * * i. * i. i. i. * n * * * * iC n n n Request for Rezoning - Tom West Tom West , 2635 La Atrium Circle South , Ponte Vedra, stated that the property in question is presently zoned commercial and that he would Page 6 Advisory Planning Board March 20, 1984 like to build on the lot. He stated that as a commercial use he would not be able to meet the off street parking requirements . He added that he would be able to meet the offstreet parking requirements for a townhouse. He said that there is a very old magnolia tree on the lot that he would like to save , and thought that would be possible with a townhouse. He submitted plans of the proposed townhouse to the Board. He stated that the townhouse would be more suitable for the neighborhood and would eliminate some of the parking and traffic problems . Ron Gray asked if he had purchased the property . Mr. West replied that he was presently under contract with Charles Leonard to purchase the property. Ron Gray asked if he had an affidavit from Mr . Leonard authorizing him to act as his agent. Mr. Leonard was present and stated that it was true . Mr. West stated that Mr. Leonard had been granted a setback variance by the Board of Adjustment but it would not be necessary for the particular building he proposed to build. He added that with the townhouse there would be less traffic , he could save the tree, and be more in tune with what was presently in the neighborhood. Mr. West submitted a site plan with the parking spaces designated. Mr. Moss stated that even with the rezoning, he would not be able to build a townhouse because it is a subsrandard lot of record. Mr. West stated that the Board of Adjustment had granted a variance to build on the lot. Mr. Moss said that the Board of Adjustment had granted a variance for a commercial unit and that it would not apply to a townhouse. He clarified that because it is a substandard lot of record the City could not issue a building permit , regardless of the zoning, unless a variance was granted for the lot size and for the proposed parking located in front of the building setback line . Mr. West stated that he did not meet the square footage requirements for the lot but did meet the setback requirements . Morris Downey of Downey & Company , 372 Ahern Street , stated that he had a small office complex adjacent to Mr. Leonard' s property . He Page 7 Advisory Planning Board March 20 , 1984 stated that Mr . Leonard planned to build an office building compatible with the office they had. He stated that Mr . Leonard' s plans had persuaded him to buy the property. He added that the property is located behind Famous Amos Restaurant , which leads him to believe that the quality of people who would live under those conditions (dumpsters and drive through) would not be up to the standards of what they would like to see in the neighborhood. Joyce Downey of Downey Real Estate , 372 Ahern Street , stated that their building had been broken into and set on fire by transients in the area. She expressed concern about the type of people who would live in the units . She also stated that Mr . West had told her that he had enough room for only three parking spaces and would need a variance on the fourth. Mr. West asked how he would overcome the parking problem if he builds a commercial building. Guy Jennings replied that he would be limited to what he could put there . There being no further discussion from the Board or audience, Ron Gray motioned to recommend disapproval of the request due to the general nature of the property. Ruth Gregg seconded the motion which carried unanimously. is 1� L J; J` * il` il` * * * is n J. 1, il` * J` 1, i� * �: is il: 'n' �: il: il: i♦ i♦ ♦ i♦ �♦ n n i1C i♦ * i♦ i There being no further business before the Board, the meeting was adjourned at 8 : 43 p .m. Ron Gray, Acting airman