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05-08-90 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA MAY 8, 1990 7:00 P. M. CITY HALL PRESENT W. Gregg McCaulie, Chairman Ruth Gregg John Bass Don Wolfson Kathy Russell ABSENT Sam Howie Louis MacDonell AND Alan Jensen, City Attorney Kim Leinbach, City Manager Rene' Angers, Community Development Coodinator Brenda Dockery, Recording Secretary AHD William Ebert Wesley Bunce Ted and Mary Wilson Vincent Akra Mike Mellenson Timothy Seda Mr. McCaulie called the meeting to order at 7:02 p. m. and asked for comments or corrections to the minutes of the meeting of April 24, 1990. There being none, Mr. Wolfson motioned that they be approved as presented. Mrs. Gregg seconded the motion which carried unanimously. ■ 3F M 4- I. NEW BUSINESS A. APPLICATION FOR VARIANCE TO FENCE HEIGHT REQUIREMENTS BY WILLIAM EBERT. LOT 6i, UNIT I, OCEAHWALK. 2303 FIDDLERS LANE. Mr. William Ebert was present to request a variance to allow an 18" to 30" wall to exist around his swimming pool where 48 inches is required. Mrs. Russell stated that similar subdivisions also require 48 inches as the minimum fence or wall requirement around swimming pools. Several other board members expressed concern over the possibility of children drowning. Mr. Ebert found it to be a hardship, both financially and esthetically, to bring the wall into compliance. Ebert also stated other homes in Oceanwalk had not complied with the ordinance. After further discussion Mr. Wolfson motioned to deny the request for a variance to the fence height requirements and asked that Mr. Ebert bring the existing situation to code per Chapter 24-164 of the Code of Ordinances of the City of Atlantic Beach. Mrs. Gregg seconded the motion and the motion passed unanimously. The board also requested that the code enforcement officer investigate other similar situations throughout the city. B. APPLICATION FOR REAR YARD VARIANCE BY WESLEY BUNCE. LOT 95 SALTAIR III. Mr. Bunce was present to request a variance to allow partial use of setback at rear of property in order to have adequate building space. Mr. Bunce also submitted a petition from immediate neighbors supporting the proposed plan. Mr. Wolfson suggested to reduce rear setback to five feet in compliance everywhere else in order to save a two hundred year old Magnolia tree. Mr. McCaulie agreed that it was a good idea to save the tree. Mr. Bunce agreed he wanted to save the tree and the plans that were shown to the board were the plans he was going to use. MacDonell moved to approve motion as presented. Mrs. Russell seconded the motion, which carried unanimously. C. APPLICATION FOR SIDE AND REAR YARD VARIANCE BY TED AND MARY WILSON. LOT 32 UNIT III OCEANWALK. Mr. and Mrs. Wilson were present to request a variance to allow a 7'6" sideline setback along the north and east lot lines and a 20' setback on the northeast lot line of the property. Mr. and Mrs. Wilson want to re-interpret boundaries of the lot so that the rear of the house faces the lake, where one similarly exists catty-corner to them. Interpreting the rear as 150' will preserve many trees and upgrade the value of the lot. Mr. Wolfson moved to approve the motion as presented. Mr. McCaulie seconded the motion, which carried unanimously. D. APPLICATION FOR USE BY EXCEPTION BY VINCENT AKRA. 1221-1261 MAYPORT ROAD. Mr. Akra was present to request a "use by exception" for proposed restaurant used primarily for takeout and delivery. After discussion, Mrs. Gregg stated the restaurant would be convenient and an asset to zone CL. Mr. MacDonell claimed zone CL is the right to approve selectively. Mr. Wolfson stated parking was in compliance with the code of ordinances with seven spaces extra in the front. Mr. MacDonell moved to recommend an approval. Mr. McCaulie seconded the motion, which carried unanimously. E. APPLICATION FOR "USE BY EXCEPTION" BY TIMOTHY SEDA. LOTS 817, 818, 819, AND 842 SALTAIR SECTION III. 461 ATLANTIC BOULEVARD. Mr. Seda was present to request a "use by exception" for proposed lounge in zone CG. The lounge will serve hors d'oeuvres and liquor by a 4COP liquor license obtained in purchase agreement. The operating hours would be five o'clock p. m. to two o'clock a. m. serving forty to fifty patrons. The location is 1500 feet within the Community Presbyterian Church and 1500 feet within another liquor establishment. After discussion, Mr. Wolfson moved to deny recommendation. Mrs. Russell seconded the motion, which carried unanimously. MISCELLANEOUS BUSINESS 1. Election of Chairman to fill expired term of Chairman McCaulie. Upon nomination by Mr. Wolfson, Gregg McCaulie was unanimously elected for another term. 2. Mrs. Russell questioned the proposed plan for "The Shoppes of North Shore" and whether the original plan had been reconsidered. 3. Mrs. Gregg questioned the scheduling of the next Community Development Board meeting due to the conflict with the Duval County Elections. Mrs. Angers stated the next meeting would be held June 19, 1990. * * * W. Gregg McCaulie Chairman