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.
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