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2003-07-15 (meeting minutes) vMINUTES OF WORKSHOP OF COMMUNITY DEVELOPMENT BOARD July 15, 2003 A workshop of the Community Development Board was held on Tuesday, July 15, 2003, in the City Hall Commission Chambers. Present were Chair Don Wolfson, Lynn Drysdale, Robert Frohwein, Samuel Jacobson, Mary Walker, Community Development Director Sonya Doerr and Recording Secretary Susan Dunham. 1. Call to Order The meeting was called to order at 5:55 p.m. 2. Revietiv of Proposed Revisions to Chapter 24 Ms. Doerr advised that most of the proposed changes to Chapter 24 are in response to comments from board members, issues that have come up at meetings, in response to comments, concerns, objections of residents, and changes to clarify areas that are subject to interpretation. She stated that the Code Enforcement Officer had been very involved in this process in order to address problems that he has dealt with in the past. Discussion was held with regard to a possible conflict with definitions. Ms. Doerr advised that if there were a conflict between zoning codes and state statute, then the state statute would prevail. Ms. Doerr explained that the primary change with regard to childcare and childcare facility was to follow state law. She further explained that she included a provision for toys in the yard and a provision for parking. The board discussed density. Ms. Doerr advised that that change in the definition of Density adds private right-of--ways, -along with canals, ditches, wetlands etc., to the area that is excluded from net density calculations. She also stated that coastal jurisdictions often exclude land seaward of the control line from net density calculations. Ms. Doerr advised that the City Commission approved the contract with the Regional Planning Council to assist the city with the Comprehensive Plan. She stated that the project has to be completed within six months of the execution of the agreement. Mr. Jacobson requested that Ms. Doerr copy the board with timelines and durations. Ms: Doerr advised that the state requires that the Comprehensive Plan be filed within 18 months after approval of the EAR. Mr. Wolfson raised a concern with regard to landscape walls. He referenced a home in Royal Palms with a 10-12 foot tall green barrier around the home. Ms. Doerr responded that people want privacy and she felt this was a preferred way to provide privacy as long as it was not restricting the clear sight distance. Mr. Wolfson stated that he was more concerned with the height than that of the material. Mr. Wolfson stated that he would research this item. Minutes of July 1 S, 2003 Workshop ~Yleeting of Community Development Board Page 2 Discussion was held with regard to the definition of hardship. A second workshop was scheduled for July 29th at 5:30pm. 3. Adjournment There being no further business, the workshop meeting adjourned at 6:57 p.m. AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, July 15, 2003 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Approval of Minutes of the meetings of June 17, 2003. 3. Recognition of Visitors. Presentation and discussion of proposed Redevelopment Plan and Mayport Community Redevelopment Area. 4. Old Business. a. ZVAR-2003-09, Dorothy Papazian. Amended request for a Variance from Section 24- 105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow for the construction of a new residence, for property within the RS-2 Zoning District and located at 587 Beach Avenue. (This item is continued from the ~Iay and ,Iilne meetings.) b. ZVAR-2003-12, Peter G. Durante. Request for a Variance from Section 24-105 (e) (1) and (2) to reduce the required 20-foot rear and front y ards to 1 S feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS-2 Zoning District and located at 417 Ocean Boulevard. (This item is co!ltinued fra!! tl:e .Tune meeting.) 5. New Business. a. ZVAR-2003-13, Kelly Mannel and Ron Mackoul. Request for a Variance from Section 24-105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet to allow for the construction of a detached one-car garage for property within the RS-2 Zoning District and located at 312 East Coast Drive. b. UBE-2003-02, Roclc Garden Enterprises, Inc. Request for aUse-by-Exception to allow for the construction of an addition to an existing building, which will be occupied by a custom cabinet shop, for property within the CG Zoning District and located at 248 Levy Road. c. Discussion and consideration of proposed general revisions to Chapter 24. 6. Adjournment. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. 2 MINUTES OF REGULAR MEETING OF COMMUNITY DEVELOPMENT BOARD July 15, 2003 A regular meeting of the Community Development Board was held on Tuesday, July 15, 2003, in the City I-Iall Commission Chambers. Present were Chair Don Wolfson, Lynn Drysdale, Robert Frohwein, Samuel Jacobson, Mary Walker, Community Development Director Sonya Doerr and Recording Secretary Susan Dunham. Absent were Craig Burkhart and Steve Jenkins. 1. Call to Order and Pledge of Allegiance The meeting was called to order at 7:05 p.m. Chair recognized former Mayor Bill Gulliford. 2. Approval of Minutes of the MectinR of June 17, 2003 A motion vas made by`Mr. Frohwein, seconded by Ms. Drysdale, and unanimously carried to approve the Minutes of June 17, 2003, as written. 3. Recognition of Visitors Presentation and discussion of proposed Redevelopment Plan and Mayport Community Redevelopment Area. Ms. Doerr introduced Mr. Joe Ehardt with HDR/Landers Atkins Planners. She advised that Mr. Ehardt has been involved with the Mayport Road CRA process and redevelopment plan. Mr. Ehardt informed the board that their firm was retained to prepare a corridor study of Mayport Road, which they completed several years ago. In addition, he stated that Mayor Ivleserve was interested in creating a Community Redevelopment Area, so his firm had proceeded with a study to determine if there was a necessity as so defined by State law, if the area has certain conditions such as blight. He stated that the area they looked at was Mayport Road running north and south and AlA running out to Mayport Village. Mr. Ehardt stated that they looked at the following: 1) Socioeconomic trends (new residents coming in, diverse population); 2) Property data; 3) Building Conditions (Commercial and Residential); 4) Traffic Safety; and 5) Crime Data. Mr. Ehardt informed the board that their firm felt that the area qualified as a redevelopment area. He summarized commercial and residential improvement recommendations, and sites noted for improvement and proposed changes. Mr. Wolfson stated that this was a project that has long been coming; that this has been a neglected corridor for Atlantic Beach and the City of Jacksonville. He stated that if board members had any comments or suggestions to provide these to Mr. Ehardt. Minutes of July 1 S, 2003 Regular Meeting of Community Development Board Page 2 4. O}d Business a. ZVAR-2003-09, Dorothy Papazian. Amended request for a Variance from Section 24- 105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow for the construction of a new residence, for property within the RS-2 Zoning District and located at 587 Beach Avenue. (This item is continued fronn the tYlay and Jicne meetin;s ) Mr. Bill Gulliford introduced himself and stated he would like to say a few words on behalf of Mrs. Papazian. Mr. Gulliford referenced two recently constructed homes on the south end of Beach Avenue, which were granted variances. He stated he did not know the specifics of these cases but believes if he were still on the board he would have voted with the majority because he felt those requests were consistent with the neighborhood. Mr. Gulliford stated that if Mrs. Papazian's request were granted, her encroachment would be less than most of the other homes along that stretch of Beach Avenue. Mr. Gulliford discussed the subjective interpretation of hardship. In addition, he stated that Mrs. Papazian's neighbors had no objection to what she proposed. Mrs. Dorothy Papazian introduced herself and advised that she felt very uncomfortable in her home because of a lack of privacy. She also informed the board that three months after her husband's death she was diagnosed with cancer. Mr. Gulliford distributed a letter from her surgeon, which advised of reconstructive surgery and the need for a pool for therapeutic reasons. Mrs. Papazian stated that they scaled down the original plan so the proposed home was smaller but it did not provide enough room around the patio. In addition, she informed the board that she had 10,000 square feet and the board was asking her to give up 6,000 square feet in addition to the easements, which did not seem right to her. She stated that she had been paying taxes on this property for 20 years and it did not seem right that she was not allowed to build something that would make her happier. Ms. Stacy Moseley introduced herself and stated she lives directly across the street from Mrs. Papazian. She said that the new plan was fine with her and felt that it was in keeping with the spirit of Beach Avenue. Mr. Frohwein clarified the property lines as follows: The westerly lot would have 100 foot frontage on Beach Avenue on its western side, 100 feet on the easterly side which is the common line between the two newly formed lots, 100.03 feet on the northerly line, 101.14 feet on the southerly line, making the front of the property on Beach Avenue. He stated that the newly proposed structure would be conforming on the southerly line by maintaining afive-foot setback, conforming on the northerly line by maintaining a 15-foot setback, and non-conforming on the front property line by 5 feet. Ms. Doerr reminded the Board that the only variance now requested was a reduction in the required 20-foot front yard to 15-feet on the Beach Avenue side. She stated that the proposed structure and the pool would be conforming in all respects except for the Beach Avenue 20-foot setback, for which afive-foot reduction to 15-feet was now requested. Mr. Frohwein stated that it appeared as though the structure and pool could be shifted eastward five feet and it would conform to every setback thereby requiring no variance. Minutes of July I5, 2003 Regular Meeting of Community Development Board Page 3 Ms. Doerr responded that the property line reconfiguring Mrs. Papazian's two lots was not shown on the revised site plan. She stated that her understanding in talking with Mrs. Papazian, the designer and the builder that the distance of the proposed residence from the new rear property line, which is the east property line, would be 20 feet and the only variance requested was a reduction to 15 feet from the Beach Avenue setback. The board determined that the proposed structure was 3,185 square feet. Discussion was held with regard to the existing structure on the property of the proposed home. Mrs. Walker asked if a variance had been granted for this structure. Mr. Frohwein responded that he was the contractor for this project, and a variance was granted. Mr. Frohwein advised that this was a newly designed dwelling being built on a virtually vacant lot with tremendous opportunity to abide by the setbacks. He stated that he clearly recognized that Beach Avenue had been developed uniquely, much of which was developed prior to the zoning code's existence. He further stated the fact that the code was now in existence. Mr. Frohwein explained that there was an opportunity to enlarge the lot by five feet, maintain all of the sides, and conform to the setbacks with the lot to the east also conforming. He further explained that he saw opportunities for a creative designer to allow the five feet to occur elsewhere on the lot. He said that given the above, he was finding it difficult to vote in favor of the variance. Mr. Wolfson stated that he saw a 100 x 100 lot, a 10,000 square foot lot, which was very large by Atlantic Beach standards. He said that he thought Mrs. Papazian could have a significant home on the lot without a variance. He further stated that he felt the pool was anon-issue because the applicant would have no problem constructing a pool posing no obstacle or hindrance to her swimming routine for therapy. Lastly, he concurred that this was an opportunity to set the home back or to construct a home that complied with the setbacks. Mr. Wolfson asked Ms. Doerr if she could identify a hardship. Mrs. Doerr responded in the negative. Mr. Wolfson offered design alternatives to, bring the home into compliance. Mr. Wolfson advised that he did not recognize a legal hardship. Mr. Frohwein stated that he did see the carriage house as being unique. I-Ie said it was non-conforming but he did not see it as overriding or dictating the location of the residence. He further said that he knew previously there was an issue of attaching the carriage house via a roof structure to the house. Mr. Frohwein said that if that attachment occurred on the easterly side, perhaps that would be reasonable. Mr. Jacobson stated that there was some appeal to the argument that everything else on Beach Avenue was built closer to Beach Avenue, so why shouldn't this property be built closer. He reminded the board that Ms. Moseley came before the board recently requesting permission to move her home closer to Beach Avenue. However, he stated that she was in a different situation in that she was dealing with after-the-fact zoning that was adversely affecting her after her house had been built and she wanted some reasonable relief from the situation that had been imposed on her. Mr. Jacobson stated that Mrs. Papazian was not in that situation and there was nothing in the zoning Minutes of July IS, 2003 Regular Meeting ofCommi~nity Development Board Page ~ regulations that stated that setbacks were not going to apply to new structures on Beach Avenue just because there were so many grandfathered structures. Mr. Jacobson referenced the applicant at last month's meeting who had an undersized lot who wanted to add a small structure. He stated that they wanted to add on a much smaller structure than was being built in Mrs. Papazian's scenario. He said that he voted in favor of the request but the board did not. He further said he did not know how they could look last month's applicant in the eye, if the board told them that they could not have the addition they wanted to make to their small house on their more or less tiny lot, but Mrs. Papazian on a much larger lot could build a much larger residence and receive a variance. Finally, he stated that he did not see anything except the most personal claim of hardship, and he did not see a hardship as hardships have been construed in the operation of this board. Mr. Wolfson stated that they had worked very carefully with the applicant as they had worked with other applicants. He stated that this was a lot of such magnitude and was open to such creativity, the lot was not unique and he did not~see a legal hardship. Mr. Wolfson moved to deny the variance request. Mrs. Walker seconded the motion. Mr. Wolfson stated that there did not seem to be any opposition to the motion to deny the variance request. He encouraged the applicant to go back to her architect to attempt to use the size of the lot in a way that it would be in compliance with the setbacks of the City of Atlantic Beach. The Chair called the vote, and the motion passed by unanimous vote. b. ZVAR-2003-12, Peter G. Durante. Request for a Variance from Section 24-105 (e) (1) and (2) to reduce the required 20-foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS- 2 Zoning District and located at 417 Ocean Boulevard. (Tfeis item is continued from tJte June meetin.~.) This item was continued to the August meeting. ~. New Business a. ZVAR-2003-13, Kelly Mannel and Ron Mackoul. Request for a Variance from Section 24-105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet to allow for the construction of a detached one-car ~ara~c for property within the RS-2 Zoning District and located at 312 East Coast Drive. This item was continued to the August meeting. b. UBE-2003-02, Rock~arden Enterprises, Inc. Request for aUse-by-Exception to allow for the construction of an addition to an existing building, which will be occupied by a custom cabinet shop, for property within the CG Zoning District and located at 248 LeW Road. Mina~tes of July 1 S, 2003 Re~~lar Meeting of Community Development Board Page S Mr. Peter Rodriquez introduced himself and Mr. Robert Perrett as owners of Rockgarden Enterprises. He stated that they are proposing to add 8,000 square feet to the existing building and would like to lease 5,000 square feet to a cabinet shop. Mr. Frohwein asked Mr. Rodriquez what type of sawdust collection system the cabinet shop would install. Mr. Rodriquez stated that the cabinet shop was an existing cabinet shop in another location but he could not speak to what type of equipment was used. Mr. Rodriguez assured the Board that the equipment would be located inside the building. Discussion was held with regard to hours of operation. Mr. Wolfson advised the applicant that the Board must take into consideration the nearby residential neighborhood when speaking to hours of operation. Mr. Wolfson asked about lighting and fencing. Ms. Doerr responded that the applicant must meet the Commercial General zoning requirements. Mr. Wolfson expressed concern with regard to excessive noise, lights and/or extremely late hours of operation and requested that these be addressed in the Use-by-Exception. Mr. Frohwein asked about fencing. Ms. Doerr responded that she made a recommendation that no chain link fence be installed within the Required Front yard. Mr. Rodriquez stated that it would be acceptable to him to install a wood fence along the front of the property. Ms. Drysdale asked the applicant if the cabinet shop would have any retail space. Mr. Rodriguez responded that the tenant would have an office and that he might display hardware and different size woods where customers could look at these, but that this was not a retail business. Mrs. Walker confirmed with Ms. Doerr that the landscaping provisions would be enforced through the building permit process. Ms. Doerr confirmed that the new construction would be subject to the landscaping provisions of the Code. A motion was made by Mr. I+'rohwein, seconded by Mr. Wolfson, and unanimousiy carried to recommend approval to the City Commission of the Use-by-Exception subject to the following conditions: 1) Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday; 2) There shall be no outside storage by the cabinet shop; 3) No chain-link fence shall be installed within the required front yard of the property; 4) Equipment for sawdust collection shall be located inside of the building; and 5) This Use-by-Exception shall be granted to this applicant and this cabinet shop only. c. Discussion and consideration of nro~osed ~encral revisions to Chanter 24 Ms. Kelly Mannel introduced herself. She asked if the setbacks for detached garages were now 20 feet from the back of the property. Mr. Wolfson stated that this was correct. Ms. Mannel advised that she liked the intent of creating more greenery and the intent of preventing people from putting apartments at the back of their property and renting them. However, she said that Minutes of July I5, 2003 Regular Meeting of Community Development Board Page 6 this change has made it difficult for homeowners to find a place to park their cars and may be too restrictive for some applications. Ms. Kathy Bender introduced herself. She advised the board that she had atwo-story home with a one-story garage. She further advised that she would like to add a second story garage to her home but her current garage was 16.9 feet from the back of her property. Discussion was held with regard to a meeting date to continue the discussion of proposed general revisions. Ms. Doerr stated that the previous two residents along with a dozen other residents had come to her with issues, comments and concerns that affect them. With this in mind, she stated that she wanted to ensure that they continued the process of revising Chapter 24. Mr. Jacobson expressed concern with regard to the following issues: 1. Definition of hardship; and 2. Proposed general redrafting of standards for variances. The board scheduled the next workshop to discuss proposed changes to Chapter 24 for Tuesday, July 29 at 5:30 p.m. ' 6. Adjournment There being no further business, the meeting adjourned at 9:20 p.m. ~.