2000-12-19 (meeting minutes) v •
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
December 19, 2000
7:00 p.m.
1. Call to Order
2. Approval of Minutes of Meeting of November 21, 2000
' 3. Recognition of Visitors
4. Old Business
a. Application for Variance filed by Marion Yelvington to construct an addition to
an existing nonconforming residence located at 448 Sailfish Drive.
b. Application for Variance filed by Jubran Investments to construct office space
maintain existing retail stores to an existing nonconforming property located
Sand
at Ocean Boulevard and Ahern Street and known as Lots 5 & 6 and N. 37.0 feet
of Lot 7, Block 35, Atlantic Beach.
c. Application for Variance filed by S. Brett Hammond to construct a swimming
pool and addition to existing nonconforming property located at 2348 Seminole
Reach Drive.
5. New Business
a. Application for Use by Exception filed by G B & M Enterprises to operate a
crematory business at 157 Levy Road.
6. Reports and Announcements
7. Adjournment
If any person decides to appeal any decision made by the Community Development Board at the
above meeting, he will need a record of the proceedings, and for such purpose, may need to
S ensure that a verbatim record of the proceedings be made, which record shall include the
testimony and evidence upon which appeal is to be based.
MINUTES OF MEETING OF
• COMMUNITY DEVELOPMENT BOARD
December 19,2000
A regular meeting of the Community Development Board was held Tuesday,December 19, 2000, in the
City Hall Commission Chambers. Present were Craig Burkhart,Robert Frohwein,William Gulliford,
Samuel Jacobson, Pat Fillmore,Mary Walker, Community Development Director George Worley,II, and
Susan Dunham,Recording Secretary.
1. Call to Order
The meeting was called to order by Robert Frohwein at 7:00 p.m.
2. Approval of Minutes of Meeting of November 2L 2000
A motion was made by Mr. Burkhart, seconded by Mr. Gulliford and unanimously carried to approve the
Minutes of the Community Development Board meeting of November 21, 2000.
3. Recognition of Visitors
None.
4. Old Business
a. Application for Variance filed by Marion Yelvington to construct an addition to an existing
nonconforming residence located at 448 Sailfish Drive. Ms. Marion Yelvington introduced herself
and stated that she supplied a copy of the new plans,which now conform to the zoning requirements.
Ms.Yelvington stated that she would prefer the original plan but will do what she has to for approval.
• Mr.Worley clarified that the drawing indicates that the new proposed addition will still require a 2-
foot variance but that this is a considerable effort on the part of the applicant to comply with the
required setbacks. In addition, Mr. Worley confirmed that the applicant meets the rear yard setback
requirements.
Mr. Jacobson stated that he believed that Ms.Yelvington should be allowed the improvements she
originally proposed and should not have to settle for less. He stated that after her home was built,the
City established new regulations. In addition,he stated that he believed the original proposal was a
minimal violation and did not make the violation any worse.
Mr. Jacobson moved to approve the original proposal as presented at the previous meeting.
Mr. Gulliford seconded the motion.
Mr. Jacobson stated that he felt that the Board should be more flexible when the homeowner's
condition or situation pre-exists the current regulations. He added that in this particular situation the
applicant's original proposal was more in keeping with the natural flow and suits the architecture of
the home.
Discussion was held as to how the Board should determine pre-existence or non-conformance.
Mr. Burkhart added that the first proposal followed the existing line of the home and the home was in
conformance at the time that she took possession. In addition,the applicant was not the person who
created the hardship and she is maintaining the rear yard setback requirement. Mr. Burkhart stated
that he would recommend approval of the original proposal.
•
• Minutes of Community Development Board
December 19, 2000
Page 2
• Further discussion was held as to what was considered reasonable use of the land, building or
structure.
Mr. Frohwein stated that the second proposal was a workable solution and Ms.Yelvington made an
extraordinary attempt to come up with a workable plan. In addition, she presented a reasonable
alternative to make use of her property. Mr. Frohwein stated he did not feel that granting the original
request is reasonable.
A vote was taken and the original variance was granted with Mr. Burkhart,Mr. Gulliford,Mr.
Jacobson and Ms. Pilhnore voting in favor of the motion and Mr. Frohwein and Mrs.Walker
voting against the motion.
b. Application for Variance filed by Jubran Investments to construct office space and maintain
existing retail stores to an existing nonconforming property located at Ocean Boulevard and
Ahern Street and known as Lots 5 &6 and N. 37.0 feet of Lot 7,Block 35,Atlantic Beach.
Mr. Jimmy Jubran introduced himself to the Board. Mr. Jubran displayed drawings of the proposed
exterior façade and indicated that the elevator was movedinside the building on the Ahern Street side.
Mr.Worley explained that the proposed use of the building requires more parking spaces than are
currently available. The ground floor businesses have successfully depended on on-street parking.
Mr. Worley addressed only the second floor with respect to parking and, based on gross square
footage, an additional eight or nine parking spaces will be needed to comply. If the hallway and dead
• spaces are not counted, an additional five parking spaces will be needed.
Mr. Jubran informed the Board that the exterior of the building will be simulated brick to match the
existing brick on the building. In addition,they have added overhangs to the first and second stories.
Mrs.Walker asked if the landscaping code would be triggered. Mr.Worley responded that the
landscaping code would be triggered if the renovation costs meet or exceed 50 percent of the value of
the existing building. In addition,the commercial landscaping code is aimed at parking areas. Given
that nearly 100 percent use of the site is the existing building and parking area,there would be very
little space that landscaping could be installed. If the landscaping code is triggered, Mr. Worley
stated that the applicant would most likely have to return to the Board with regard to a reduction in
the requirements of the landscaping code.
Mr. Frohwein asked about the awnings that were proposed for the building. Mr. Jubran advised that
they would like to erect permanent steel awnings that project out about five feet from the building.
Mr. Worley stated that the awnings might encroach onto City right-of-way on Ocean Boulevard.
A discussion was held with regard to what types of businesses would be allowed to lease the office
spaces and how this will impact parking. Mr. Jubran informed the Board that their intent is not to
generate heavy traffic and will work with tenants with respect to parking spaces. Mr. Gulliford stated
that to a certain level the market will dictate what types of businesses will lease, i.e., if a tenant's
customers/clients have trouble getting to the office because they can't find a place to park,the tenant
may leave the building.
Mr. Frohwein asked Mr.Worley his thoughts about limiting the types of businesses to control
• parking. Mr.Worley stated that trying to restrict the types of businesses in a specific way is difficult
to do because there are very few specifics listed in the code that actually fit existing businesses.
• Minutes of Community Development Board
December 19, 2000
Page 3
• Mr.Worley agreed that tenants will not move in without determining how many parking spaces they
will have available to them before they lease a space and that part will be self-regulating. Mr.Worley
stated that in general,uses could be limited to a low intensity retail-type operations,but it could get to
a point where such specificity becomes too cumbersome to enforce.
Mr. Burkhart moved to grant the variance request. Mr. Jacobson seconded the motion, which
passed by unanimous vote.
Mr. Jacobson thanked Staff for a fine analysis of a very complex issue.
c. Application for Variance filed by S.Brett Hammond to construct a swimming pool and
addition to existing nonconforming property located at 2348 Seminole Reach Drive.
Mr.Worley stated that Mr. Hammond had not submitted a revision at this time. Mr. Worley
requested that the Board defer this item until such time as Mr.Hammond submits a revised
application.
5. New Business
a. Application for Use by Exception filed by G B &M Enterprises to operate a crematory business
at 157 Levy Road.
Mr. James Hughey introduced himself to the Board and stated that he would like to request a use-by-
exception to run a crematory.
• Ms. Pillmore asked Mr. Hughey how the public would know what type of business he would be
operating. Mr. Hughey stated that by state statute they are required to post a 2' x 3' sign on the
exterior of the building to identify the building and the licensed director in charge of that facility.
There is a privacy fence that encompasses approximately 2900 square feet of interior parking for four
vehicles. The machines used for this operation are environmental friendly and require permits from
the Department of Environmental Protection. The machines cannot be heard and nothing can be seen.
In addition,the machines have six safety features and six baffles in each machine that incinerate its
own by-products. The only time an odor or emission could possibly occur would be by operator
error. However, all the operators must be licensed.
Mr. Frohwein asked Mr. Hughey how he would receive deliveries. Mr. Hughey responded that he
has a retail office in Mandarin so there will be no retail traffic at this location. Vehicles would be un-
loaded within the building. In addition,only cremations will be performed at this location,no
funerals.
Mrs. Walker asked Mr. Worley if this was a permitted business in the ILW district. Mr. Worley
responded that, in his opinion,yes, it is a form of processing. He believed that it was not the type of
operation fitting into the character of the commercial/general district because the tendency is toward
professional office space or retail space. However, it is a type of operation that is done behind closed
doors in a closed facility with very little direct public contact and would be appropriate in the ILW
district.
Ms.Walker asked Mr. Hughey about security. Mr. Hughey stated that there will be a security system
in the building. On the exterior by the garage door will be a six-foot chain link fence with a two-foot
• barbwire extension. Immediately adjacent to the building will be chain link fence in front of the
garage door. This will allow them to open the garage door during the day in the summer but still
allow them to secure the building within the chain link fence. At night the garage door will be shut
Minutes of Community Development Board
December 19, 2000
Page 4
4110 and locked. The one window will be filled in with expansion metal to secure the window. There will
only be two doors into the building,the front door and the back garage door. The security company
they will use is Century Security. In high profile cremations,the building will be manned at night. In
addition, on Halloween night the building is manned all night. The crematory business will be run
from 7:30 a.m. to 6:00 p.m. The crematories will run cycles of either 1 hour and 45 minutes on up to
2 hours and 20 minutes and operate a total of three cycles per day.
Mr.Burkhart moved that we forward this application to the City Council for approval.
Mr. Gulliford seconds.
Mr.Worley asked if it was the intent of the motion to include Staff's recommendation
Mr. Burkhart amended the motion to include the required number of parking spaces and the
landscaping provisions as specified in Staff's Report Agenda Item#5.a. Mr. Gulliford seconded
and the motion passed by unanimous vote.
6. Reports and Announcements
Mr. Worley advised the Board that the City Commission would like to hold another workshop with regard
to zoning codes at 5:00 p.m. on January 8, 2000.
Ms. Pillmore advised that at the last Commission meeting she was replaced by Karl Grunewald,the
former Code Enforcement Officer. Ms. Pillmore hoped that the Board would welcome him and knows
that he will be a very strong Board member. In addition,Ms. Pillmore stated that Mr. Gulliford was the
person responsible for her becoming a Board member. Mr. Gulliford complimented Ms. Pillmore for
having"stepped up to the plate"and for being conscientious and responsible. Mr. Frohwein thanked Ms.
Pillmore for her years of service.
7. Adjournment
There being no other business or discussion,the meeting was adjourned at 8:45 p.m.
SIGNED „ScQ 11\c\ q-NcTt,
ATTEST 411 AP 4 i .JA.II"
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