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2002-08-20 (meeting minutes) vAGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH August 20, 2002 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to Order. 2. Approval of Minutes of the meeting of July 09, 2002. 3. Recognition of Visitors. 4. Old Business. a. ZVAR-2002-10, Matregrano. Request for a Variance to allow an eight (8) foot high fence to be constructed along rear and side property lines on a lot within the RG-2 Zoning District and located at 417 Aquatic Drive. 5. New Business. a. ZVAR-2002-11, Lancaster. Request for a Variance from Section 24-104 (e) (2) to reduce a twenty (20) foot rear yard to six (6) feet on an unusually configured corner lot within the RS-1 Zoning District and located at 330 17th Street. ``~ b. ZVAR-2002-12, Fogg. Request for a Variance from Section 24-105 (e) (1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to allow construction of a front porch overhang on a lot within the RS-2 Zoning District and located at 366 Plaza Street. c. ZVAR-2002-13, Pennington. Request for a Variance from Section 24-105 (e) to reduce a twenty (20) foot rear yard and a five (5) foot side yard and also the fifteen (15) foot street side setback on a corner lot within the RS-2 Zoning District and located at the southwest corner of Magnolia and David (Park) Street. (Lot 639, Section 1, Saltair Subdivision. Parcel is not yet addressed.) d. UBE-2002-05, Burke. Request for aUse-by-Exception to allow a Home Occupation involving kite-surfmg lessons, videography and storage of related equipment, on a lot in the RS-2 Zoning District and located at 316 Sixth Street. 6. Other reports or business not requiring action. a. Briefing from Community Development Director regarding Chapter 163 requirement for School Board representative to be appointed to Local Planning Agency and to hear requests that involve an increase in residential densities. 7. 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. AGENDA ,~.,, COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH August 20, 2002 at 7:00 p.m. City Hall Commission Chambers, S00 Seminole Road 1. Call to Order. 2. Approval of Minutes of the meeting of July 09, 2002. 3. Recognition of Visitors. 4. Old Business. a. ZVAR-2002-10, Matregrano. Request for a Variance to allow an eight (8) foot high fence to be constructed along rear and side property lines on a lot within the RG-2 Zoning District and located at 417 Aquatic Drive. 5. New Business. a. UBE-2002-OS, Burke. Request for aUse-by-Exception to allow a Home Occupation involving kite-surfing lessons, videography and storage of related equipment, on a lot in the RS-2 Zoning District and located at 316 Sixth Street. b. ZVAR-2002-11, Lancaster. Request for a Variance from Section 24-104 (e) (2) to reduce a twenty (20) foot rear yard to six (6) feet on an unusually configured cornerlot within the RS-1 Zoning District and located at 330 17th Street. c. ZVAR-2002-12, Fogg. Request for a Variance from Section 24-105 (e) (1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to allow construction of a front patio overhang on a lot within the RS-2 Zoning District and located at 366 Plaza Street. d. ZVAR-2002-13, Pennington. .Request for a Variance from: a) Section 24-104 (e) to reduce a 20-foot rear yard for construction of an exterior stairwell; b) Section 24-151 (b) (2) iii and Section 24-83 (c) to allow for an Accessory Structure for pool equipment to be placed in the five-foot setback; and c) Variance from the required fifteen (15) foot street side setback on a corner lot within the RS-2 Zoning District and located at the southwest corner of Magnolia and David (Park) Street. (Lot 639, Section 1, Saltair Subdivision.) 6. Other reports or business not requiring action. a. Briefing from Community Development Director regarding Chapter 163 requirement for . School Board representative to be appointed to Local Planning Agency and to hear requests that involve an increase in residential densities. 7. Adjournment. A11 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 ~ 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. MINUTES OF MEETING OF COMMUNITY DEVELOPMENT BOARD August 20, 2002 A regular meeting of the Community Development Board was held Tuesday, August 20, 2002, in the City Hall Commission Room. Present were Chair Don Wolfson, Craig Burkhart, Robert Frohwein, Karl Grunewald, Steven Jenkins, Mary Walker, Community Development Director Sonya Doerr, City Attorney Alan Jensen and Recording Secretary Susan Dunham. 1. Call to Order The meeting was called to order at 7:00 p.m. 2. Approval of Minutes of Meeting of July 09, 2002 A motion was made by Mr. Grunewald, seconded by Mr. Frohwein and unanimously carried to approve the Minutes of the Community Development Board meefvng of July 9, 2002. Pledge of Allegiance 3. Recognition of Visitors None. 4. Old Business a. File No. ZVAR 2002-10, Raymond J. Matre~rano Request for a Variance to allow an eight (81 foot lush fence to be constructed along rear and side property lines on a lot within the RGZ Zoning District and located at 417 Aquatic Drive. Mr. Matregrano introduced himself. He stated that he did not have a hardship but that he had designed a fence with a scallop that reaches a maximum height of 8 feet at the top of the scallop. Discussion was held with regard to whether or not the Board could act on this item due to a possible violation of the Covenants and Restrictions of Aquatic Gardens. Mr. Jensen advised the Board that the Covenants and Restrictions were a private contract with the homeowner and the association and, therefore, the Board could not enforce the Covenants and Restrictions. A motion was made by Mr. Burkhart, seconded by Mr. Frohwein and unanimously carried to deny the Variance request due to lack of a hardship. 5. New Business a. Fite No. UBE-20(12-OS Burke Request for aUse-bv-Ezception to allow a Home Occupation mvolving kite-surfing lessons, video~raphv and storage of related equipment, on a lot in the RS 2 Zoning Ihstrict and located at 316 Sizth Street Mr. Wolfson advised that the applicant withdrew this application. b. ZVAR-2002-11, Lancaster. Request for a Variance from Section 24-104(e)(2) to reduce a twenty (201 foot rear yard to sig f6) feet on an unusually configured corner lot within the RS 1 Zoning Distract and located at 33017 Street. Mr. and Mrs. Lancaster introduced themselves. Mr. Lancaster advised that they would like to build a garage on the west side of the house. He further stated that the original garage was enclosed to house his wife's mother. until she passed away. Mr. Lancaster stated that he had been advised by City Staff that this "`^~ was an atypical lot in that what they thought was the front yard was actually the side yard. Mr. Mike Fields, who lives at 1573 Park Terrace East, introduced himself. He stated that he and the Lancasters share backyards. He further stated that, in principal, he did not have a problem with the Minutes of Community Development Board August 20, 2002 proposed construction but he wanted to ensure the following: l) that no lights would shine in the back yard; 2) that no window would face his property; 3} that the structure would be maintained as a garage and that no one would live in this space; and 4) that no flooding would occur on his property due to the addition of this structure. Mr. Burkhart advised Mr. Fields that the applicant must have a civil engineer design a drainage plan that would move any water to the street or an approved outfall, which plan must be verified by the Public Works Department. Mr. Fields requested that a stipulation be added that this proposed building would always be a garage for cars unless they came back to this Board for approval. Mr. Jenkins asked the applicant if he would have any objection to restricting the use as a living space. Mr. Lancaster responded that this space would not be used as a living space. Mr. Burkhart requested that for the plans for the garage be noted so that the RS-1 7.5-foot side setback was shown. Mr. Lancaster stated that when he measured the garage with the builder, it measured out to 6.5 feet. Mr. Burkhart further requested that the applicant bring the shed into compliance when it was moved. In response to a question from Mrs. Walker, Mr. Lancaster advised that he added the pool in 1984 and that the pool was now considered in the front yard. Mrs. Walker expressed concern that the applicants were already using the front yard setback and now they were asking to use the rear yard as if it were the side yard. Mrs. Walker also stated that she did not know what was unique about this property. Ms. Doerr responded that this lot was considerably larger than most of the lots, plus it was wider than it was deep. In addition, she stated that this lot met all the requirements of a building lot if you look at 17~' Street as the front of the lot. Mrs. Lancaster stated that until one month ago, they thought their house was located on 17~' Street. She further stated that they thought they were adding a garage to the side of the house and that the pool was located in the back of the house. Mrs. Lancaster stated that suddenly they found that the front of their house was located on Sea Oats Drive, which does not even have a door. She stated that this was very unique and they were all surprised. Ms. Doerr clarified for Mr. Frohwein that this was an atypical shape corner lot because it was wider than it was deep. She fuher stated that the typical corner lot in Atlantic Beach was 50 feet by 100 feet and this lot was 140 feet wide by 94.71 feet deep. Mr. Wolfson advised that by the legal definition the front of the lot was on Sea Oats Drive, not 17~` Street. He stated that even though the front door was on 17`E' Street, by definition the narrowest side of the lot should be considered the front in which case Sea Oats Drive was considered the front. Ms. Doerr stated that this was consistent with lots in Selva Marina. She further stated that most. of the corner lots had been developed with the front of the house facing the wider portion of the lot, and in the earlier units language was included in the deed restrictions that the wide part of the lots had to be developed facing this direction. Ms. Doerr expressed concern that the garage not become additional living area by subsequent owners. She requested that the Order stipulate that this space be maintained as anon-heating and non-cooled area. A motion was made by Mr. Burkhart and seconded by Mr. Jenkins to approve the Variance request with the following conditions: 1} that the structure be maintained as a garage during the life of the land and that any changes to this structure be brought before this Board; fy,,,„~ 2) that the 7.5 feet called out in the verbage is shown on the plan; 3) that when the wood shed with the wood floor is relocated, that it be relocated behind the six foot Line; 4) that any windows on the west side of the garage be obscure glass; Minutes of Community Development Board August 20, 2002 5) that no area lighting be added on the west side of this structure; and 6) that the applicant meet the new requirement that a drainage plan signed and sealed by a Florida surveyor be provided to Mr. Kosoy of the Public Works Department, as is required. Discussion was held by the Board members with regard to whether or not the conditions were met to allow the Board to grant a variance. The vote was called and Mr. Burkhart, Mr. Grunewald and Mr. Jenkins voted in favor or the motion; Mr. Frohwein, Mrs. Walker and Mr. Wolfson votedagainst the motion. The motion failed. Mr. Frohwein moved to deny the variance request and Mrs. Walker seconded the motion. In response to a question from Mr. Grunewald, Mr. Wolfson advised that according to the definition of a corner lot, the front of the house was located on Sea Oats Drive, but according to the Covenants and Restrictions, the front of the house was located on 17~' Street. Ms. Doerr reminded the Board that they have no authority to enforce Covenants and Restrictions and should only be concerned with the Zoning regulations. Mr. Grunewald stated that it would seem that history should dictate the location of the front yard. He stated that at the time the pool was constructed the Building Official would not allow the pool to be built in the front yard. He further stated that he would be willing to request that Ms. Doerr research the property file for the pool permit and then make a determination. Mr. Burkhart asked Mr. Jensen that if the Board assumed that when the original permit was issued, a site ~'"°~'°` plan was issued and the site plan clearly stated that 17th Street was the front of the lot and it was accepted by the Building Official at that time, what impact would this have on their determination. Mr. Jensen responded that the owner most likely had the option to orient the house but had to meet building restrictions as if the house fronted Sea Oats Drive. He further stated that he was sure that when the lot was platted, it was platted with the existing setback lines or as described in the plat and those would have been passed by the City Commission. In response to a question from Mr. Jenkins, Mr. Lancaster stated that to his knowledge, he did not need a variance to build the pool. Mr. Frohwein withdrew the motion, and Ms. Walker withdrew the second. Mr. Wolfson stated that if the pool were built properly that this would be an indication of the Board's predecessors that this was a rear yard and not a front yard. He further stated that he would have to respect and honor this precedence. A motion was made by Mr. Burkhart and seconded by Mr. Jenkins to approve the Variance request with the following conditions: 1) that the structure be maintained as a garage during the life of the land and that any changes to this structure be brought before this Board; 2) that the 7.5 feet called out in the verbage is shown on the plan; 3) that when the wood shed with the wood floor is relocated, that it be relocated behind the siz foot line; 4) that any windows on the west side of the garage be obscure glass; 5) that no area lighting be added on the west side of this structure; 6) that the applicant meet the new requirement that a drainage plan signed and sealed by a Florida surveyor be provided to Mr. Kosoy of the Public Works Department, as is required; and 7) that approval is subject to Ms. Doerr determining that a legal valid permit was issued for the pool which necessarily means that in 1984 the Building Department and the Zoning Qfficer took 17th Street to be the front of the lot and that Ms. Doerr report the findings. z , Minutes of Community Development Board ftugust 20, 2002 Ms. Doerr advised that she would search the property file for a building permit for the pool. The vote was called and Mr. Burkhart, Mr. Grunewald, Mr. Jenkins and Mr. Wolfson voted in favor of the motion; Mr. Frohwein and Ms. Walker voted against the motion. c. ZVAR-2002-12. Fogg. Reauest for a Variance from Section 24-105(e)(1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to allow construction of a front patio overhang on a lot within the RS-2 Zoning District and located at 366 Plaza Street Mr. Michael Fogg irrtroduced himself. He advised that he would like to extend the roof overhang of his home to provide shade for a small sitting area in the front of the house Ms. Doerr advised that the applicant was proposing a projection of a roof overhang and a projection was required to be open from the ground to sky. Mr. Fogg stated that it was an extension of the existing eave. Ms. Doerr suggested the Board members read. the definition of a "Yard" and the definition of "Eaves and Cornices" in the Zoning Regulations. Mr. Fogg stated that the Zoning Regulations allow for 48 inches so he was requesting a 2-foot variance. Ms. Doerr reminded the Board of their discussions in November of last year with regard to eaves and cornices and stated that the applicant was proposing a projection that was intended to be a porch overhang. She further stated. that the purpose of the projection was to provide a roof over a sitting area and she did not believe that the applicant was automatically entitled to 48 inches. Discussion was held with regard to other alternatives such as cantilevers. The Board determined that the applicant was requesting a structure due to the posts. Mr. Jenkins moved to deny the Variance request. Mr. Burkhart seconded the motion. Discussion was held with regard to whether the proposed structure was a typical projection of a roof structure and whether the applicant has the right to extend the eave by 48 inches. Mr. Jensen advised that this was a decision to be made by the Building Official. The vote was called and the motion passed by unanimous approval. d.ZVAR-2002-13. Pennington Reauest for a Variance from• a) Section 24 104(e) to reduce a 20- foot rear yard for construction of an exterior stairwell; b) Section 24-lSlfb)(2)iii and Section 24 83(c) to allow for an Accessory Structure for Wool equipment to be placed in the five foot setback; and c) Variance from the reauired fifteen (15) foot street side setback on a corner lot within the RS 2 Zoning Distract and located at the southwest corner of Magnolia and David (Park) Street (Lot 639. Section 1. Saltair Subdivision.) Mr. Pennington introduced himself. Mr. Pennington advised that the 15-foot street side setback variance request was to allow an exterior stairwell. He stated that he has built two duplexes in Atlantic Beach and was permitted to build the stairwells on the outside of those duplexes. He further stated that placing the stairs on the exterior of the building would allow more living space on the interior of the building. Discussion was held with regard to the accessory structure. Mr. Pennington advised that he would be storing the pump for the Jacuzzi, pool furniture, cleaning equipment and supplies. Discussion was also held with regard to the walkways. Mr. Pennington stated that walkway B was to the bottom unit, ,, walkway A was to the top unit and the circular stairs was for pool access for the upstairs unit. The Board determined that this property was zoned RS-2, has always been zoned RS-Z and this zoning did not allow duplexes. Mr. Wolfson suggested that the applicant work with Ms. Doerr. a ~~ " Minutes of Community Development Board August 20, 2002 6. Other Reports or Business Not Requiring Action a. Briefing from Community Development Director regarding Chapter 163 requirement for School Board representative to be appointed to Local Planning Agency and to hear requests that involve an increase in residential densities. Ms. Doerr advised the Board that Chapter 163 was amended to state that each school board appoint a representative to the Local Planning Agency to hear applications with regard to re-zoning or amendments to the Comprehensive Plan. The school board has designated Karen Kuhlmann to sit. on the Board. She further advised that Ms. Kuhlmann would be anon-voting member of the Community Development Board. Discussion was held with regard to zoning maps. A motion was made by Mr. Wolfson, seconded by Mr. Burkhart and unanimously carried to request Staff to send zoning maps to all Board members in the nett Agenda packet. 7. Adjournment There being no further business, the meeting adjourned at 9:45 p.m. SIGNED ATTEST 5