04-19-95 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
APRIL 19 , 1995
7 : 00 P.M.
CITY HALL
PRESENT Don Wolfson
Mary Walker
Robert Frohwein
Pat Pillmore
Scott Fletcher
Mark McGowan
Sharette Simpkins
AND Alan Jensen, City Attorney
George Worley, II , CD Director
Pat Harris , Recording Secretary
Due to the Chairman' s late arrival , Vice-Chairman, Robert
Frohwein, called the meeting to order asked for approval of the
minutes from the meeting of March 21 , 1995 . Upon motion duly made
and seconded the minutes were approved.
NEW BUSINESS :
I . Application for Variance filed by Edward H. Morin to erect
a 6-foot fence in the front yard setback of property located at
1849 Seminole Road.
Mr . Morin introduced himself and explained to the board that
the variance was requested to allow the construction of a 6-foot
fence with acoustic lining in the front yard setback of his home.
He stated that the traffic noises from the intersection were so bad
that he could feel the vibrations on the wall of his bedroom. He
explained that noise was energy and buffering was required to
reduce its impact .
Rev . David Jeffries introduced himself to the board and stated
he and his wife were Mr . Morin' s next door neighbors and indicated
that there was a genuine problem at the location. He told the
board the fence would be a welcome addition to the property for
both of them.
Scott Fletcher pointed out that Section 24-157 (b) requires a
25 foot line of sight restriction at corner intersections for
safety purposes .
Mr. Worley explained that there was a partial 6-foot fence
already in existence that was nonconforming but grandfathered in
under the city' s ordinances .
After discussion, Mr . McGowan moved to grant the variance with
the provision that it not encroach within the 25-foot line of sight
triangle required by Section 24-157 (b) . Mrs . Pillmore seconded the
motion with the request that Mr . Morin report back to the board the
results of the acoustic fence in reducing the noise.
Mr . Wolfson requested that a time limit be placed on the
variance and that it be granted solely to the applicant .
Mr . Worley explained that uses-by-exceptions are granted to
individuals and locations but variances run with the land and not
with the owner of the property. He stated that the board may
direct that the construction be performed within a certain time
frame.
Mr . Fletcher expressed his concern with the public safety by
reducing the visibility at the intersection and suggested that the
overall length of the fence to the north be reduced by 20 feet to
come in conjunction with the southwest corner of the garage .
Mr. McGowan amended his motion by adding that the fence be
constructed within sixty ( 60) days . Mrs . Pillmore seconded the
motion.
Mr . Fletcher made a substitute motion to grant the variance
provided that the overall length of the fence to the north be
reduced by 20 feet to bring it in line with the southwest corner
of the garage and to allow the fence to continue east to the garage
with the top of the fence remaining horizontal and not following
the contour of the land .
After discussion the chairman called for a vote on the
substitute motion and it failed by a vote of 6 - 1 .
A vote was then taken on the original amended motion and the
variance was granted by a vote of 4 - 3 with aye votes from Scott
Fletcher , Pat Pillmore, Sharette Simpkins and Mark McGowan and nay
votes from Mary Walker , Robert Frohwein and Don Wolfson.
II . Application for Use-by-Exception filed by Eleanor Ann
Spencer to allow additional parking for the Wine Club and Rite Spot
Restaurant at property located at 620 and 640 Sturdivant Avenue.
Bill Noe, attorney , introduced himself to the board and
explained that he represented the owner of the property as well as
the owners of the Wine Club and Rite Spot Restaurant .
After discussion, Mr . Frohwein moved to recommend approval of
the use-by-exception solely to the applicant . Mrs . Pillmore
seconded the motion and it was approved by a unanimous vote.
Mr . Fletcher reported to the board that he had inadvertently
voted incorrectly regarding the variance request in Item I and it
was not his intention to vote to approve the variance. Since his
nay vote would result in a denial the matter was turned over to the
City Attorney for his review.
There being no further business to come before the board on motion
duly made the meeting was adjourned.
SIGNED: 1,,+a0tQ .
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