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