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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" S