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01-16-90 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA JANUARY 16, 1990 7:00 P. M. CITY HALL PRESENT W. Gregg McCaulie, Chairman Louis B. MacDonell, Vice-Chairman Ruth Gregg John Bass Samuel T. Howie Kathleen Russell Don Wolfson AND Alan Jensen, City Attorney Rene' Angers, Community Development Coordinator Brenda Dockery, Recording Secretary AND Nemecio Batoon Mrs. Diep Nguyen Phil Tharton Richard and Laura Johnson Dan Hayti Desmond Waters Chairman McCaulie called the meeting to order at 7:02 p. m. He asked for comments or corrections to the minutes of the meeting of December 19, 1989. Mr. Wolfson noted that Mr. Howie's name was not included in those absent. Mrs. Russell mentioned she would like to review the tape and make a specific note of why Mr. Batts' variance was granted. Mrs. Gregg motioned to approve the minutes as presented subject to the changes mentioned. Mr. MacDonell seconded the motion which carried unanimously. R R R OLD BUSINESS A. APPLICATION FOR SIDE YARD VARIANCE BY NEMECIO BATOON. LOT 20, BLOCK 11, ROYAL PALMS REPLAT 2A. 451 WHITING LANE. Mr. Nemecio Batoon requested permission to allow an existing carport to remain within 3' -O" of the side property line. Mrs. Russell questioned the certification and the liability of the contractor, Southern Windows. Mr. MacDonell stated that Mr. Batoon, who is not proficient in the English language and relied on the contractor for guidance. Mr. Wolfson failed to see the hardship necessary in granting such a variance. He considered the carport to be overly wide, in violation of the setbacks and not permitted before construction. Desomond Waters suggested that the carport be grandfathered in for the life of the residency and that it be torn down when the house is sold. After further discussion Mr. Wolfson motioned to deny the after the fact variance. The motion was seconded by Mrs. Russell and carried by a 4 to 3 vote. Mr. MacDonell, Mrs. CSregg and Mr. Bass voted nay. B. APPLICATION FOR SIDE YARD VARIANCE BY DIEP NGUYEN. LOT 19, BLOCK 12. ROYAL PALMS REPLAT 2A. 457 MAKO DRIVE Mrs. Diep Nguyen was present with her sponsor Mr. Phil Tharton of Neptune Beach. Mr. Tharton spoke for Mrs. Ngyun because she does not speak English. Mr. Tharton explained that three years ago the Nguyens re-roofed the residence and added the carport with the understanding that the contractor would follow the proper procedures. She did not recall the name of the contractor. Mr. Wolfson requested that the Nguyens re-appear before the board with a copy of the canceled check or perhaps a business card from the contractor. The board requested a copy of the permit issued in 1987 to enclose the original carport. Mr. Wolfson motioned to defer the request until the next meeting. Mr. Howie seconded the motion which carried unanimously. HEW BUSINESS A. APPLICATION FOR SEPTIC TANK VARIANCE BY RICHARD AND LAURA JOHNSON. BLOCK 129, SECTION H. 605 STOCK STREET. Mr. Johnson requested permission to place a septic tank on his property in Section H since water and sewer services would not be available for 10 to 11 months. Mr. MacDonell motioned to recommend approval of the septic tank variance contingent upon the removal of the tank when services become available. The motion was seconded by Mrs. Gregg and carried unanimously. B. APPLICATION FOR REPLAT BY DAN MAYTI. BLOCK 214, SECTION H. Dan Hayti of 1108 Third Avenue North, Jacksonville Beach, Florida requested permission to replat Block 214, Section H to construct single family homes consistent with the existing density. The Board questioned the "Government Meander Line" shown on the survey and asked the City attorney to investigate and report back. Mr. Wolfson motion to defer until the board had the appropriate information and a legal opinion from Mr. Jensen. The motion was seconded by Chairman McCaulie and carried unanimously. MISCELLANEOUS BUSINESS 1. Rene' Angers requested that Mr. Salfer of 366 Royal Palm Drive be removed from the Royal Palm carport survey. She felt evidence had been found which indicated the carport may have been properly permitted. After further discussion, Chairman McCaulie sugessted that the board rely on Mrs. Angers' good judgement and remove the address from the survey. 2. Mr. Howie questioned whether it is within the scope of the Community Development Board to make recommendations to the Police Department to establish a burglary division. The Board referred him to the City Commission and the Chief of Police. There being no further business before the board Mr. MacDonell motioned to adjourn the meeting at 8:35 p. m. Mr. Howie seconded the motion which carried unanimously. OF OF II- it it W. g McCaulie Chairman