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01-12-88 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA January 12, 1988 CITY HALL 7 :00 P. M. PRESENT: W. Gregg McCaulie, Chairman Louis B. MacDonell Samuel T. Howie Donald Tappin Ruth Gregg Frank Delaney John Bass AND: Rene' Angers, Recording Secretary AND: John Shea Chuck Hardman Sandy Seminak Dominic Orticelli Warren Anderson William Smith The meeting was called to order at 7:03 p. m. by Chairman McCaulie. He asked for comments on the minutes of the meeting of December 15, 1987. There being none, Ruth Gregg motioned that they be approved as presented. Mr. Bass seconded the motion which carried unanimously. * * * * NEW BUSINESS A. Application for Exception for on Premise Consumption of Alcoholic Beverages in a Commercial General Zoning District; 2401 Mayport Road, by American Affiliated Inns, LTD dba Comfort Inn John Shea stated that they were requesting an exception to open a 600 sq. ft. \48 seat lounge on the premises ci the Comfort Inn. He added that there would be no live entertainment. He stated that they needed a liquor license because of new competition in the area. He added that it would allow them to bid on business meetings and convention groups. After discussion, Ruth Gregg motioned to recommend approval of the application based on the Inn ' s good reputation. Mr. Howie seconded the motion. The Board addressed the findings of fact. Mr. MacDonell asked that the motion be amended so that the exception run with the current owners rather than the land. Mrs. Gregg and Mr. Howie agreed to the amendment. The vote was called and the amended motion carried unanimously. B. Application for Rear Yard Variance by Hardman/Weeks Construction, Inc. , 2266 Oceanvalk Drive West, Lot 47, Oceanvalk Unit III Chuck Hardman, 1644 Park Terrace West, stated that they had moved the house back to save a tree and squared it on the lot. They did not realize that they had encroached the rear yard by 44" until after the slab had been poured. He presented a letter of approval from the Oceanwalk Developers. Mr. MacDonell motioned to approve the application provided the owners submit a hold harmless agreement regarding the covenants and restrictions. Mr. Howie seconded the motion which carried unanimously. C. Application for Rear Yard Variance by Seda Construction Company, 1869 Beachside Court, Lot 11, Block 1, Beachside Sandy Seminak, 2120 Corporate Square Boulevard, Jacksonville, stated that he had contracted in August 85 to purchase 11 lots in Beachside (City of Jacksonville) . In March of 86' he went to their designer with the lots. In June or July of 1986 he closed on the lots. He contracted with Neal King in September or October of 1987 to purchase this lot. He felt their case constituted a hardship because they purchased the lots while they were under Jacksonville jurisdiction, which would have allowed 10' rear yards. He stated that he had had the same problem in early 87' but had been granted a building permit by Atlantic Beach for a 10' rear yard. Neal King stated that he was not aware of the 10' requirement until their application for building permit was denied. He felt that a smaller house would upset the continuity of the neighborhood and would decrease property values. Chairman McCaulie stated that the builder knew about the change in setback requirements but contracted with Mr. King without telling him about it. He didn't see how Mr. Seminak could claim a hardship. Mr. Delaney felt it vas grandfathered-considering when the lot was purchased and when the design work was done. Mr. MacDonell felt that the investment of a smaller house would not be in keeping with the land values because of the location of the property. He stated that the builder invested his money based on the regulations that existed at the time of purchase, and felt it was unfair not to grant the variance. Mr. MacDonell motioned to approve the application. Mr. Delaney seconded the motion. The motion carried 4 to 3. Delaney, Gregg, Bass and MacDonell voted YES. Tappin, Howie and McCaulie voted NO. D. Application for Rear Yard Variance by Dominic Orticelli, 592 Cruiser Lane, Lot 28, Seaspray Mr. Orticelli stated that they wished to add to their very small (4 ' x 5' ) kitchen area, which would encroach the rear yard by 10' . He stated that he had a letter of approval from the neighbor directly behind his house. Mr. MacDonell stated that the lot is very wide but not very deep. He noted that there is a fence around the rear and that he had his neighbor 's consent. After consideration of the findings of fact Mr. MacDonell motioned to approve the application. Mr. Howie seconded the motion which carried unanimously. E. Application for Rear Yard Variance by William and Donna Smith, 1801 Sea Oats Drive, Lot 28, Block 1, Selva Marina Unit No. 9 Warren Anderson, 2029 North Third Street, represented Mr. Smith. He stated that the Smith's wished to construct a porch within 17 ' of their rear property line. He gave a list of five other homes that have similar porches. He stated that the rear yard was completely fenced and that they had written approval from all three neighbors. After a brief discussion and consideration of the findings of fact Mr. MacDonell motioned to approve the application. Mrs. Gregg seconded the motion which carried unanimously. There being no further business before the Board the meeting was adjourned at 8:05 p. m. ( \ W. : - . • �• au lie, hair man