2000-07-18 (meeting minutes) v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
July 18, 2000
7:00 P.M.
CITY HALL
PRESENT : Don Wolfson
Robert Frohwein
Mary Walker
Craig Burkhart
Sam Jacobson
AND : George Worley, II, CD Director
Alan Jensen, Esquire
Pat Harris
ABSENT : Sharette Simpkins
Pat Pillmore
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of May 16, 2000. On motion made and seconded the minutes
were approved.
I. Application for Variance filed by Emily C. Pierce for J. Malcolm Jones to allow an
existing fence with heights from 8 to 11 feet at property located at 161 Beach Avenue.
Ms. Pierce introduced herself and presented to each member a pamphlet
summarizing the applicant's request with photographs of the subject property. She added
that he purchased the property in 1972 and was issued a permit for a 6-foot fence. She
stated that the applicant's hardship relates to the height and bulk of the adjoining buildings.
Responding to a question from Mr. Wolfson, Ms. Pierce stated that the applicant
knowingly constructed the fence higher that the required and permitted six feet in height.
Peter Coalson introduced himself to the board and indicated he is a building
contractor and is available to assist the applicant with any requirements by the city
regarding the fence.
Responding to the chairman's request, Mr. Worley explained that the height and
bulk of adjacent buildings had not been a determining factor in previous fence height
variance requests. He added that in his opinion, because the improvements on the
adjacent property that lie closest to the owner's property are in conformance with code
requirements,the fact that the adjacent property, in total, is nonconforming does not create
a hardship to justify the granting of a variance and therefore his recommendation of denial
stands.
The consensus of the board was that no hardship exists and each member cited
reasons why they opposed granting the variance.
After discussion, Mrs. Walker moved to deny the variance request and Mr. Frohwein
seconded the motion.
After further discussion, the board voted unanimously to deny the variance.
I I. Application for Use-by-Exception filed by Atillio and Cathy Cerqueira to allow
for storage of boats and recreation vehicles at property known as Lots 1 through 7, Block
32, Section H.
Mr. Cerqueira introduced himself and stated that he desires to construct a sheltered
area for storage of RV's and boats. He stated that the flyover that is being constructed will
limit his ability to lease the property for retail usage.
Mr. Worley stated that the request is unusual. He stated that the property abuts
residential neighborhood to the west, however, across the street to the south JTA will build
a retention pond and this property will be impacted. He stated that the applicant has been
diligent in complying with prior variances granted on other properties. He added that the
problem he sees is the large vehicle parking lot requiring much more maintenance than an
occupied building, but conditions imposed by the board would help mitigate any adverse
impact.
Mr. Wolfson voiced concerns with the physical appearance of an open structure and
signage at the site. He requested that the east and west ends be enclosed. He also
questioned the sizes of the individual spaces and turn around room.
Each member expressed to the applicant that more information was needed for
them to make a recommendation to the City Commission and requested a clearer
conception as to landscaping, buffering, ingress and egress, setbacks, building elevations,
water retention, signs, lighting, and size and location of the structure on the property.
The applicant stated that he is faced with a hardship and is asking for the use-by-
exception because of the hardship. He stated that he has a right to put a building on the
property. He added that he would have to comply with all of the city's requirements prior
to the issuance of a building permit.
After discussion, Mr. Burkhart moved to defer the application until the next meeting.
Mr. Frohwein seconded the motion and it passed unanimously.
Mr. Worley reminded the board of the workshop meeting with the City
Commissioners scheduled for Monday, July 24, 2000 at 5:00 p.m.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED \ - . Q42
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