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06-21-94 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA JUNE 21 , 1994 7 : 00 P.M. CITY HALL PRESENT Don Wolfson Ruth Gregg Pat Pillmore Mary Walker Sharette Simpkins Robert Frohwein AND Alan Jensen, City Attorney George Worley , II , CD Director Pat Harris , Recording Secretary ABSENT Mark McGowan Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of May 17 , 1994 . Upon motion made and seconded the minutes were approved. NEW BUSINESS : I . Application for Variance filed by George Bull , Jr. , architect , and Amanda Miller, owner, to construct an addition to an existing nonconforming structure at property located at 77 Sherry Drive. Mr. Bull introduced himself to the board and explained that the applicant desired to contruct an addition to an existing single- family home on a lot zoned RG-1 and the proposed addition would not increase the nonconformity of the structure. The board determined from Mr. Bull that the request for the front yard to be located on Sherry Drive and the side yard on First Street was not necessary and that it should be deleted from the application. After discussion, Mr. Frohwein moved to grant the variance provided the construction commence within six months and that the variance be granted to the current property owner and not to run with the land. Mrs . Gregg seconded the motion and the variance was unanimously granted. The Chairman noted that a roll call vote was not extended due to the unanimous vote. II . Application __r "3riance tiled by Gilchrist B. Stockton, Jr. . to construct an aaaitlon to a nonconforming structure at 1675 Beach Avenue which is zoned RS-2 . Mr . Stockton introduced himself to the board and stated he desired to construct an addition to an existing nonconforming garage apartment . He stated that the construction would also have to be approved by the Department of Environmental Protection. The Chairman asked Mr . Stockton' s intended use of the structure upon completion. Mr . Stockton stated he desired to rent the garage apartment . The Chairman asked counsel to determine if such use was allowed. Mr. Jensen stated that if the code was to be construed strictly that no garage apartments would be allowed in Atlantic Beach, but that under Section 24-86 , secondary dwellings refers to single family garage apartments being allowed on lots 50 feet wide and which run from street to street . He also stated that if the garage apartment was not a nonconforming building that Mr. Stockton would not need the variance. After discussion, Mrs . Gregg moved to grant the variance for the construction of an 8 ' x 20 ' addition of the nonconforming structure. Ms . Walker seconded the motion and the variance was granted by a vote of four ayes and two nays . III . Application for Variance filed by New Community Baptist Church to construct an addition to the church that will encroach the rear yard setback of property located at 84 Lewis Street . The Board had to determine if the application was significantly different from the application filed in January 1994 before action could be taken on the new application. Robert Lawrence introduced himself to the board as contractor for the church and stated he felt the application was significantly different due to the difference in the number of feet that would encroach the setback line. After discussion, Mrs . Fillmore moved that the application ::az not substantially different from the application filed in January. Mr. Frohwein seconded the motion and after a roll call vote the motion failed by a tie vote. After discussion, Mr . Frohwein moved that the application be considered substantially different . He subsequently withdrew his motion. After further discussion the Chairman called for a motion from the board. Mrs . Walker moved that the application did not represent a substantially changed application and that it not be considered by the board. Mr . Frohwein seconded the motion and it passed by a vote of five ayes and 1 nay. Mrs . Simpkins recommnded that the applicants be refunded the filing fee which was agreed upon by the board members . Mr . Frohwein stated that at the last meeting he had requested that a discussion item be placed on the next agenda regarding the powers and duties of the planning board pursuant to Chapter 14 of the Code of Ordinances . Said discussion item will be placed on the agenda for the next regularly scheduled meeting on July 19 , 1994 . There being no further business to come before the board on motion duly made the meeting was adjourned. SIGNED• c�(01 ATTE ' . .��11c°C� / Q � �