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07-21-87 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH, FLORIDA July 21, 1987 CITY HALL Present: W. Gregg McCaulie, Chairman Louis B. MacDonell, Vice Chairman Samuel T. Howie Frank Delaney John Bass Ruth Gregg And: Richard C. Fellows, City Manager Rene' Angers, Recording Secretary And: Susan Podzamsky Donald R. Jordan Gail DeShon Wesley Bunce Conrad Cowart Absent: Donald Tappin The meeting was called to order at 7 :00 p. m. Chairman McCaulie asked for comments or corrections to the minutes of the meeting of June 16, 1987. There being none, Chairman McCaulie motioned that they be approved as presented. Mr. Delaney seconded the motion, which carried unanimously. * * * * * NEW BUSINESS A. Application for Rezoning of Lots 1, 2, 21, 22, Block 4, Atlantic Beach Villa Unit II ; from CPO Commercial Professional Offices to CL Commercial Limited, by Universal Builders, Inc. Chairman McCaulie read aloud, a letter from Universal Builders, Inc. , asking that their request for rezoning be withdrawn, but asked that the Board consider amending the CPO classification to include the first five permitted uses under CL. T. R. Hainline, attorney for several Atlantic Beach Villa property owners, expressed concern over the second part of the letter, asking to amend the permitted uses of CPO. Chairman McCaulie stated that it would be considered only if formal request was made to the Board, at which time a public hearing would be held. B. Application to Allow a Gazebo in the Front Yard of an Ocean Front Lot, by John and Susan Podzamsky, 2115 Beach Avenue Susan Podzamsky presented the Board with construction plans for the proposed gazebo. She stated that it would 18' high and 12' wide, that it would be open, with lattice work and a roof. She indicated that they have applied to the Department of Natural Resources for a permit to build seaward of the coastal construction setback line. She submitted a photograph of a similar oceanfront gazebo located near Second Street. Chairman McCaulie and Vice Chairman MacDonell expressed concern over the impeded ocean view. Mr. MacDonell felt it would be contrary to the intent of the ordinance, which is to preserve as much ocean view as possible. He also felt it was a self created hardship. He motioned to deny the request. Mr. Howie seconded the motion which failed to pass with a three to three vote. McCaulie, MacDonell, Howie voted-YES Gregg, Bass, Delaney voted-NO After discussion Mr. Delaney motioned to approve the request. Mr. Bass seconded the motion which failed to pass with a three to three vote. Gregg, Bass, Delaney voted-YES McCaulie, MacDonell, Howie voted-NO There was discussion on whether the item should be presented to the Commission. It was determined that administrative remedy had not been exhausted and that the item should be re-presented to a full board at the next meeting. C. Application for Side Yard Variance to Allow Construction of a Carport within 3. 2' of the South Side Property Line, by Donald R. Jordan, 231 Seminole Road Mr. Jordan, 1423 Forest Boulevard, Neptune Beach, stated that he wished to construct a carport over the existing driveway. He added that the carport would be open, with a roof and supports only. He added that the house is currently occupied by his mother. Mr. MacDonell suggested constructing a garage in the rear of the property. Mr. Jordan replied that a large oak tree would have to be removed. Ruth Gregg motioned to approve the request. Chairman McCaulie seconded the motion. Mr. MacDonell asked that the motion be amended to require a letter of approval from the property owners to the south. Mrs. Gregg and Mr. McCaulie were in agreement to the amendment. The amended motion carried unanimously. D. Application for Side Yard Variance on a Corner Lot, Gerard Vermey, 408 Seaspray Avenue Gail DeShon, 420 South Third Street, Jacksonville Beach, stated that the foundation of their new building was inadvertently poured at the 15' mark rather than the 18' mark, which caused the cantilevered second floor to encroach the corner side setback by three feet. Mr. MacDonell stated that it was an error on the part of the foundation crew, and was not apparent until construction of the second floor. He added that the north end of the street dead- ends into Howell Park and the east end dead-ends into the school yard. He didn't feel the board should set a precedent, but felt that it was an honest mistake. Mr. Howie stated that the responsibility was not entirely the fault of the builder, that the building inspector should have detected the mistake earlier. Gregg McCaulie replied that they probably would have applied for a variance even if only the slab had been poured. Mr. Howie motioned to approve the application, on the basis that the builder is not entirely responsible, that the city should have caught the mistake earlier. Gregg McCaulie seconded the motion. The Board addressed the findings of fact. Mr. Bass was concerned that builders may try to take advantage of this decision in the future. Mr. MacDonell felt that part of the problem could be solved by requiring that a foundation survey be tendered to the building inspector. He added that the inspector doesn't have time to measure each foundation, and that often times there are ditches, trees knocked over, etc. on the site. Gregg McCaulie pointed out that in this case, the foundation would seem to be in the proper place, that the error was not discovered until the second floor was constructed. He suggested that the construction plans also be reviewed on the job site when making the foundation inspection. The Board asked that their recommendations be taken into consideration. The vote was called. The motion to grant the variance carried unanimously. E. Application to Recombine a Lot, by Wesley and Cyndi Bunce, Lot 2, Block 14, Atlantic Beach Subdivision A Mr. Bunce, 1144 East Coast Drive, stated that he proposed to recombine his 50' x 150' lot into two lots, 50' x 66'6" and 50' x 83'6". He added that he had support from the neighbors and that his next door neighbor had originally made the suggestion. Mr. MacDonell stated that this would create two substandard sized lots, that it would set a precedent, and that it is in direct conflict with a specific ordinance prohibiting the creation of lots smaller than the original lot (s) . Mr. MacDonell motioned to recommend denial of the application. Mr. Delaney seconded the motion. The motion carried unanimously. F. Application for Use by Exception for Mini-warehouses in a Commercial General Zoning District, by Conrad Cowart V. Mr. Cowart stated that his proposal calls for small attractive offices along the approximate 115' Mayport Road frontage and mini-warehouses in the rear-not visible from Mayport Road. He added that it would be nicely landscaped on Mayport Road and that a heavily wooded buffer would be retained along the eastern boundary. The Board expressed concern over the number of mini-warehouses in the area. Mr. Terry Kane, in partnership with Mr. Cowart, presented the Board with a feasibility study that indicated a need in the area for additional mini-warehouses. Mr. MacDonell motioned to recommend approval of the application contingent upon the proper number of parking spaces being provided and the erection of a 6' solid fence along the eastern boundary to buffer the Fleet Landing project. Mr. Howie seconded the motion. Mr. Fellows suggested that, with the property being adjacent to the city's water plant, storage of certain distillates should be prohibited. Mr. MacDonell amended his motion to include that there be no business activity in the storage facilities, and that there be no storage of hazardous, flammable or toxic chemicals. Mr. Howie was in agreement to the amendments. The Board addressed the findings of fact. The amended motion carried unanimously. * * * * * There being no further business before the Board, the meeting was adjourned at 8:27 p. m. W. Gregg f lie, Chairman