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02-20-96 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH , FLORIDA February 20 , 1996 7 : 00 P.M. CITY HALL PRESENT Don Wolfson Pat Fillmore Mary Walker Robert Frohwein Sharette Simpkins AND George Worley , II , CD Director Pat Harris , Recording Secretary ABSENT Mark McGowan Buzzy Grunthal Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of January 16, 1996 . Upon motion duly made and seconded the minutes were approved. NEW BUSINESS: I . Application for Variance filed by William Ebert Architects on behalf of Gary and Celeste Wadkins to construct a residence abutting an existing garage that encroaches the rear setback line by 12 feet at property known as Lot 1 , Block 30 , Atlantic Beach. Mr . Ebert introduced himself to the board and explained that the applicants desired to construct a two-story residence attached to an existing nonconforming garage . He stated that the referenced lot was a substandard lot and that all new construction would be in conformance with the required zoning requirements and setbacks . Mr . Ebert presented a letter to the board from a neighbor indicating their approval of the proposed construction. After discussion, the Chairman moved to approve the variance as requested. Mrs . Walker seconded the motion and the variance was unanimously granted. II . Application for Variance filed by Jack L . Greider , Jr. , to construct a single family residence on a nonconforming lot known as Lot 84 , Saltair Section 3 . Yvonne Carver introduced herself to the board and stated she represented the applicants as purchasers of the property and the purchase was contingent upon obtaining the necessary variance . After discussion, Mrs . Fillmore moved to grant the variance based on staff ' s recommendation. Mr . Frohwein seconded the motion and the variance was unanimously granted. III . Application for Use-by-Exception filed by Jacksonville Cellular Telephone Co . , d/b/a AT&T Wireless Services , to construct a 150-foot communications monopole at property located on the southside of Stewart Street approximately 110 feet east of Main Street . Walter Tanner of AT&T Wireless Services introduced himself and stated his company desired to construct a 150-foot high monopole . He also introduced Bruce King and Glen Semineau. Mr . King of CSE Cypress Real Estate Services of Altamonte Springs , Florida stated he is the authorized agent for the land owner , Jerry Hoey, and AT&T Wireless Services . He explained to the board that the monopole would be 150-foot cellular communications tower and the request is in harmony with the existing character of the surrounding area. He explained that the current zoning of the property is Industrial Light Warehousing and the existing land use in the vicinity of the proposed site include multi-family residential to the north, a plant nursery to the south, an existing warehouse to the east and a plumbing company to the west . Mr . King explained to the board that no health risk was involved and that a lease with the owner guarantees that upon termination of the lease his company would be obligated to remove the tower. He also indicated that the lease was initially a 5-year lease with three 5-year renewal periods . Glen Semineau of AT&T explained that the tower would have three sectors , one directed to the ocean, one to the south and one to Mayport Naval Station. After discussion, Mr . Frohwein moved to recommend to the City Commission that the Use-by-Exception be granted. Mrs . Fillmore seconded the motion but expressed her concern that in the future the board be very cautious and sensitive regarding the cumulative effect of these towers . The board specifically addresses this issue to the City Commission. After further discussion Mr . Frohwein moved to amend his motion and recommend to the City Commission that the application for use-by- exception be granted with the stipulation that the City be provided with a copy of the lease indicating that AT&T will be responsible for removal of the tower when the lease terminates or the tower becomes obsolete. Mrs . Pillmore seconded the amended motion and it passed unanimously . IV . Application for Variance filed by Donald Moses to place a satellite dish on property known as Lot 8 , Ocean Breeze. Mr. Jensen stated Mr . Moses informed him that the satellite dish would be taken down from the pole and dismantled and requested that his application be tabled indefinitely. V . Application for Variance filed by Al Mansur to reduce parking requirements for expansion of the business known as Al 's Pizza located at 303 Atlantic Boulevard. Mr. Mansur introduced himself and his contractor Pete Coalson to the board. Mr . Coalson explained that a variance was required to extend the size of the existing restaurant . The applicant intends to occupy most of the remainder of the building and desires to install 40 additional seats . The remaining portion of the building will become a dry cleaning/laundry drop-off location and will require 2 parking spaces . Currently there are 11 parking spaces on the property available for the restaurant . Mr. Frohwein informed the board that he would not be voting on the application by reason of a conflict of interest and submitted Form 8B Memorandum of Voting Conflict for County, Municipal , and Other Local Public Officers to the Recording Secretary . Mrs . Walker brought up the subject of outside seating which was not included in a previous variance granted to the applicant . Mr . Mansur explained that there would be no outside seating . After discussion, Mary Walker moved to grant the variance as requested. Mrs . Simpkins seconded the motion. As a result of discussion among the board, the motion and second were withdrawn as it was the understanding of the two members that the applicant had agreed to reduce the request from 40 to 32 seats . After further discussion the applicant amended his application from 40 seats to 36 seats . Thereafter , the Chairman moved to grant the variance as amended for 36 seats and parking as indicated for the reduction of spaces . Mrs . Simpkins seconded the motion and the amended variance was unanimously granted. The board agreed to hold another joint workshop meeting with the zoning review board on March 12 , 1996 at 7 : 00 p .m. There being no further business to come before the board on motion made the meeting was adjourned. SIGNED ‘)P**- - . •.0 VNV 1 '("C . I Al l`' - Vr " ATTES I' a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ACOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST NAML-I IRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL.COMMISSION,AUTHORITY, OR COMMITTEE �-- Rof WE-7/A/ Wu-4i""1 CO Air r1 v. MAILING ADDRESS THE BOARD, COUNCIL,COMMISSION. AUTHORITY,OR COMMITTEE ON 0 20X 5 O Q ©5 WHICH I SERVE IS A UNIT OF: •Q CITY I COUNTY i I OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: JAx .UCr+, fie_ 3zze6.DuvAL_ DATE ON WHICH %Oft OCCURRED O " 9 6 MY POSITION IS: i ELECTIVE APPOINTIVE • WHO MUST FILE FORM 80 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. -council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the efficer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH 'THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interet •tlu ....r, h-...S ....BW .:.te SMS .:.i. .l.. ....S...,.a. ....._ ..._.....4.,.i.S.._Y ham.:.. ...»...W W.w..... ..,.... .... , J ,.r4.........�..n u.ul , .i. ..,.. _... • r IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutc of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, s'-Re)L8r 12't` VrZficiiett / tE � VUA4 2.O 19qhereby disclose that on , (a) ,A measure came or will come before my agency which (check one) V inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: .m ' d 3Y l"1ANsuR • • • • • • • M • • • 02. Date Filed Si:nature JOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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. CF FORM 89 - i(-36