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09-20-88 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA September 20, 1988 7:00 P. M. CITY HALL PRESENT: W. Gregg McCaulie, Chairman Louis B. MacDonell, Vice Chairman Ruth Gregg Kathleen Russell John Bass Samuel T. Howie AND: Richard C. Fellows, City Manager Rene' Angers, Recording Secretary Donna Cheek AND: Katharine Friedemann Mark Naumanns Albert Walker Gary and Inez Dixon Mark Kredell Gerard Vermey ABSENT: Donald Tappin Chairman McCaulie called the meeting to order at 7:03 p. m. He asked for comments or corrections to the minutes of the meeting of August 16, 1988. There being none Mr. Bass motioned that they be approved as presented. Mrs. Gregg seconded the motion which carried unanimously. NEW BUSINESS A. APPLICATION FOR REAR YARD VARIANCE; LOT 6, SELVA MARINA UNIT NO 10-C; 371 19TH STREET; RICHARD & KATHARINE FRIEDEMANN Mrs. Friedemann stated that due to an increase in family size they were in need of expanding their living area. She stated that the proposed addition to their home would extend 13' from the rear property line. Discussion ensued between the board and Mrs. Friedemann relative to there being another way to expand the home without deviating from the zoning regulations and whether there was a home owner's association involved. After further discussion Mrs. Gregg motioned to defer the application until the next meeting so that the Friedemans could consider alternative methods of increasing their living area and so that she could consult with her neighbors. Mrs. Russell seconded the motion which carried unanimously. B. APPLICATION FOR REAR YARD VARIANCE; LOTS 578 & 579 SALTAIR SECTION 1, CYPRESS STREET; MARK NAUMANN Mr. Naumann stated that the rear yard variance from 20' to 15' was needed in order to save large pine trees on the lot. He indicated that he was surrounded by back yards and an apartment complex fence on the north side. He presented statements of no objection from his neighbors. The City Manager noted that the lots are on an unopened, unimproved right-of-way and asked Mr. Nauman 's plans on the matter. Mr. Nauman stated that his immediate plans were to keep it a dirt road, adding that he did not expect the city to open or maintain the road. There being no further discussion Mr. Howie motioned to approve the application. Mrs. Russell seconded the motion which carried unanimously. C. APPLICATION FOR HOME OCCUPATION BY EXCEPTION; 464 SKATE ROAD; STELLA JANE WALKER Albert Walker stated that his wife requests permission to type on shrink tubing and to make metal tags in their home. He stated that the work is done for the Navy and that there would be no outside storage or signage. No one objected to the application. Mrs. Gregg motioned to recommend approval of the application for Mrs. Walker. The motion was seconded by Mr. Howie and carried unanimously. D. APPLICATION FOR HOME OCCUPATION BY EXCEPTION; 775 SABALO DRIVE; GARY T. DIXON (FOR INEZ DIXON ) Mr. Dixon stated that his wife has become disabled to the point that her doctors have asked that she quit working. Mrs. Dixon was previously employed by a commercial alteration company. Mrs. Gregg pointed out that the Dixon's home has been the source of numerous complaints regarding junk, debris and equipment in the yard. She added that Mrs. Dixon 's license could be revoked under those circumstances. Mr. Dixon replied that he is now in complete compliance with the code. Vanessa Deadman, next door neighbor, spoke on the Dixon's behalf. No one objected to the application. Mr. Howie motioned to recommend approval of the application. Mrs. Gregg seconded the motion. Mr. MacDonell pointed out that ordinarily customers are not permitted to come to the home but felt that this was a unique situation. The vote was called. The motion carried unanimously. E. APPLICATION FOR HOME OCCUPATION BY EXCEPTION; 820 SAILFISH DRIVE; CHARLIE J. RIGGINS There was no one present to present the application. Mr. MacDonell motioned to defer the application until the next meeting. Mr. Bass seconded the motion which carried unanimously. F. ADMINISTRATIVE APPEAL TO ALLOW FOUR DUPLEXES ON TWO-DOUBLE FRONTAGE LOTS; LOTS 17 & 18, DONNERS REPLAT; GEORGE, DUDLEY AND LEWIS STREETS; MARK KREDELL Mr. Kredell presented photos of the area in which he wished to move his duplexes. He indicated that 9 of the 13 similar lots in the area were previously subdivided and are therefore grandfathered to allow two duplexes on each lot. He felt he was being taxed for four lots and that if the water, sewer, paving and drainage plan is approved he will be assessed by front footage on each street. He added that the zoning requirements for RGI districts, as to lot size and setbacks, would be met. Mr. Howie motioned to grant Mr. Kredell's appeal. Mrs. Gregg seconded the motion. Mr. MacDonell sympathized with Mr. Kredell but noted that the City Attorney has determined that it is legally impermissible. Chairman McCaulie felt that approval would be, in effect, re- writing the ordinance. He suggested taking steps to modify the ordinance. The vote was called. The motion to grant the appeal failed by a four to two vote. Gregg and Howie voted YES. McCaulie, MacDonell, Bass and Russell voted NO. The board suggested that the City Commission review section 24- 188, possibly changing the language to allow proper use of Mr. Kredell 's property. G. PRELIMINARY PLAT APPROVAL; TIFFANY BY THE SEA Gerard Vermey, architect, presented the project to the board and stated that rather that developing 130 multi-family dwellings the owner proposes to develop 28 lots, including 9 duplex lots; for a total of 38 families. He added that this project would place less burden on public facilities. Chairman McCaulie questioned the 45' height limit. Mr. Vermey felt if was necessary due to a large dune on the eastern section of the property. Several property owners in the vicinity expressed concern, including Jack Silver-2277 Seminole Road and Desmond Waters-1835 Seminole Road. After discussion Mrs. Russell motioned that the board defer action on the project until more definitive plans could be presented. Mrs. Gregg seconded the motion. The motion carried unanimously. * * * * * MISCELLANEOUS BUSINESS Desmond Waters, President, North Duval Beaches Association, asked the board to consider establishing a coastal setback line rather than the one in use by DNR. He noted that several older homes are being altered and new homes are being constructed that are more seaward than the majority of the homes. Chairman McCaulie asked Mr. Waters to do some research on the matter and report back to the board for their recommendation. Stan Reiger, Florida Planning & Zoning Association, informed the board of the FPZA Annual Conference at the Omni Hotel on October 12, 13 and 14. He stated that a workshop for zoning board members would be held on October 14th at 9AM which would be beneficial the the Community Development Board. He urged all members to attend. Mrs. Russell passed around information regarding a fence on Beach Avenue and stated that they had originally planned to seek a variance at this meeting but that it had been temporarily withdrawn. There being no further business before the board the meeting was adjourned at 8: 31 p. m. g M lie, Chairman