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11-20-90 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA NOVEMBER 20, 1990 7:00 p.m. CITY HALL PRESENT Louis MacDonell, Chairman Presiding Samuel T. Howie Kathleen Russell Don Wolfson John Bass AND Don C. Ford, Building Officer Alan Jensen, Esquire, City Attorney Pat Harris, Recording Secretary AND David Edwards, Esquire Paul Akin, Esquire Charles Mann Mr. MacDonell called the meeting to order and asked for approval of the minutes from the last meeting. Mrs. Russell seconded the motion which was unanimously passed. NEW BUSINESS I. APPLICATION FOR "USE BY EXCEPTION" FOR THE CONSTRUCTION OF A TELEPHONE TOWER IN THE VICINITY OF 251 LEVY ROAD, FILED BY PETER AND DELIA RODRIQUEZ. David Edwards, with Mahoney, Adams & Kriser, 50 Laura Street, Jacksonville, FL, representing Peter and Delia Rodriquez, owners of the property, and Bell South Mobility, petitioning for a zoning exception to construct a cellular telephone relay tower in the ILW industrial district. Mr. Edwards presented an aerial photograph as well as a survey to the Board to indicate the location of the proposed site. It was explained that the tower would be about 500 feet and 600 feet to the East of Main Street and the majority of uses in this area are industrial and warehousing. Mr. Edwards stated that there are a few homes in the area and that they are all over 600 feet from the tower. He stated that he knocked on the doors and explained what they were doing and received no objections from the residents. Mr. Edwards also stated that the tower was only going to be 190 feet tall rather than 280 feet as indicated in the Application and was designed to withstand winds up to 100 mph. The tower would also enable boaters with Mrs. Russell inquired whether the tower would cause interference with individuals with cordless phones in the area and Mr. Edwards explained that it should not interfere. In response to a question from Mr. Wolfson, it was explained that the tower would probably have about an eight mile radius and that another tower was located on San Pablo Road. Further discussion followed regarding the tree ordinance that should be conformed to as well as the approval of NAS Mayport. Mr. Edwards indicated that approval of the Navy was in the process and that the tower cannot be built without it. Mr. Wolfson also stated that the Navy would have to sign on the permit. After discussion, Mr. Bass moved that the application be approved. Mrs. Russell seconded the motion, and Mr. MacDonell added that the authorization should be granted subject to the approval of NAS Mayport, and the same was unanimously approved. II. APPLICATION FOR "USE BY EXCEPTION" FOR AN AUTOMOTIVE/TRUCK SERVICE GARAGE AT 10-20 DONNER ROAD FILED BY FRED LEWIS. Paul Eakin, appearing on behalf of Fred Lewis, regarding said application and in support thereof presented that in Section 24-110 of the Zoning Regulations allows for an automotive garage by exception. Mr. Eakin stated that the property was previously used for this kind of service but that when the tenant left it was a furniture store and Mr. Lewis desires to rent the property again as an automotive repair shop. He also indicated that there is also a chance that there may be limited warehousing in connnection with this application which is also allowed by Section 24- 110. Discussion followed in connection with the warehousing uses and/or garage/automotive use of the proposed application. Mrs. Russell indicated that there was no survey attached to the application at which time Mr. Fred Lewis offered to leave the meeting and obtain a copy of said survey for the Board. Discussion followed regarding permitted use and use by exception and it was determined that the proposed usage was allowed under the use by exception section. Mr. Wolfson pointed out that the application is very vague and that the application should be more specific. Mr. Fred Lewis indicated that he always had a problem with his tenant's obtaining the proper licensing and that his property stays empty due to the property not being zoned for body shop use. Further discussion followed regarding the area surrounding the building concerning abandoned and derelect cars being parked thereby creating an eyesore to the community. Mr. Wolfson suggested that Mr. Lewis should possibly take the problem to the Courts rather than to this Board and Mr. Lewis indicated that it may be necessary. After lengthy discussion regarding storage of automobiles and/or parking facilities on the premises it was agreed that the situation regarding delapidated and/or parked cars around the premises would be remedied if the use by exception was passed. Mr. Wolfson questioned the type of use by exception being requested and if same were for a paint shop. Mr. Lewis responded that he was applying for any use by exception that would be permitted for the buiding so he could proceed to get the building ready for occupancy. General discussion followed regarding the rezoning and why such zoning was not grandfathered in at that time. It was noted by Mr. MacDonell that the property was rezoned in 1982 and they replaced CI and CG with CL and if anyone wants to do anything with the property they would have to come before the board with specific plans. Mr. Bass asked of Mr. Lewis had not lost his previous tenants whether he would be present now to which Mr. Lewis said he would not. He also stated that the building was a warehouse and every time a tenant moves out and someone else comes along to rent the building and they could not get a license for automotive repair because of the zoning. Mr. MacDonell asked Mr. Lewis if he had asked for a use by exception at the time he was intending to put a Goodyear Store on the property and Mr. Lewis stated that particular deal fell through and the building was not built, but also that the property that was intended to be used was in the center of the subject property and not on the corner in which a use by exception is being applied for at this time. Mr. Wolfson again brought up the subject of the cars parked outside the warehouse and who they belonged to and it was stated that two of the cars belonged to tenants upstairs. Mr. Wolfson inquired into the other five cars that were parked there especially one with a mattress on the top and flat tires but these cars had not been noticed by the new manager of the property. Mr. Wolfson stated that in essence are we zoning from CL to CG or all uses permitted in CG. Mr. Eakin pointed out that as he stated at the outset that it is his understanding that they would be asking the CL uses by exceptions number 8 and 9 and CG permitted use number 7 and Mr. Eakin agreed to rewrite the application and be more specific regarding proposed uses. After further general discussion the Chairman asked for further comments and there being none the Chair entertained a motion. Mr. Howie made the motion for approval subject to the classifications that were just discussed and also with the stipulation that they immediately take action to remove the derelect cars that are in the area, and that there be no outside storage of cars awaiting service other than the three parking spaces that are alloted to the tenant or customers awaiting service the same being possible being overnight and not long term storage. The motion was seconded by Mr. Bass and there being no objections was unanimously approved and for clarification by Mr. Wolfson asked that this was for only for CL 8 and 9 and CG 7. III. AN APPLICATION FOR "USE BY EXCEPTION" FOR THE SALE OF ALCOHOLIC BEVERAGES AT 1211 MAYPORT ROAD FILED BY ACA MANAGEMENT SERVICES, INC. Charles Mann represented AMOCO who owns the property located at the northeast corner of Mayport Road and Plaza. He stated that the property was previously zoned so that his client could sell beer and wine for off-premise consumption and with was subsequently downgrading to CL they found that they now needed an exception. He stated that AMOCO had greatly improved this location. He presented a letter from Atlantic Beach Beautification Committee for consideration and also pointed out that there are numerous establishments up and down Mayport Road who have the exception they are seeking to have the right to sell beer and wine. He also pointed that AMOCO is a responsible citizen in the community. After discussion, the motion was made by Mr. Wolfson to approve the exception but that the description be changed from alcoholic beverages to beer and wine only. Mr. Howie seconded the motion. There being no objections the motion was unanimously approved. IV. APPLICATION FOR "VARIANCE" FROM MINIMUM LOT REQUIREMENTS FOR PROPERTY IDENTIFIED AS LOT 4, BLOCK 3, LEWIS SUBDIVISION (STEWART ST. ) FILED BY FRED CARLSON. In the absence of Mr. Fred Carlson this application was deferred until the next meeting. OLD BUSINESS Pertaining to the application of Sean Phinney at the last meeting: , For clarification, Mr. Wolfson stated that the variance that was requested for 385 East Coast Drive by Mr. Sean Phinney. The Board had asked that they present a restriction on the variance and he had requested and the Board had passed. Mr. Wolfson mentioned that it was a little open and he was going to delete two sentences, number one at the end of the word "property" that such variance be used for the sole purpose as a garage and shall not be deemed to be used as an extension to the home under any circumstance unless so deemed by President. . . It was also determined that Mr. Phinney did not need to attend this meeting and Mr. Jensen was advised that Mr. Phinney was agreeable to the restriction being put upon the variance. The Board agreed with this stipulation for the construction of a two-car garage only There being no further business to come before the board, the motion to adjourn was made by Mrs. Russell, seconded by Mr. Wolfson, the meeting was adjouned. SIGNED: Louis MacDonnell, Presiding Chairman ATTESTED: Patricia Harris, Recording Secretary