05-20-97 v MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
May 20, 1997
7:00 P.M.
CITY HALL
PRESENT : Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
AND • George Worley, II, CD Director
Alan Jensen, Esquire
Pat Harris
ABSENT • Mark McGowan
Sharette Simpkins
Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes of March 18, 1997. On motion made and seconded the minutes were approved.
The chairman called for approval of the minutes of April 15, 1997. Mrs. Walker requested
that with regard to the Application for Use-by-Exception by Affiliated American Inns III, Ltd.,
the minutes reflect the board's discussion that the proposed restaurant and lounge was
to be used solely for the use of the guests of the hotel and not advertised for public use.
The approval of April 15, 1997 minutes will be placed on the agenda for the next meeting.
I. Application for Variance filed by Julius Montagna to allow an existing
nonconforming structure (cabana) constructed in 1988 to remain on property located at
1550 Beach Avenue.
Chip Blumstein, attorney for the applicant, introduced himself and explained that the
applicants purchased the property in 1995. The cabana was constructed in 1988 by a
previous owner without obtaining a permit and encroaches the side yard setback by 2.8
feet. He presented letters to the board from neighbors indicating their approval of the
application.
Neighbors Karen Bremer and Joann Morriseau introduced themselves and
expressed their support for the applicants.
The chairman recognized the court reporter who was present at the meeting and
employed on behalf of the applicant.
The chairman recognized Don Ford, Building Official for the City and requested his
summation of the situation. Mr. Ford stated that he met with the owner of the property in
1988 for a routine inspection of the property and discovered that no building permit was
obtained for the cabana. He indicated that the Shondelmeyers who were the owners of
the property stated that they would apply for the permit. He stated that subsequently he
was transferred to the Public Works Department and the matter did not come to his
attention again until approximately a month ago.
After discussion, Mrs. Pillmore moved to grant the variance as presented with the
exception that the structure, if destroyed, be constructed pursuant to the appropriate
setback requirements. Mr. Frohwein seconded the motion
During further discussion it was the consensus of the board that the situation arose
from a previous owner's error in not permitting the structure and the City not pursuing the
matter. The board also noted that there was an undue hardship placed on the applicant
who purchased the property in good faith and thereby assumed responsibility for the
current situation.
After further discussion, the chairman offered a substitute motion to grant the
variance as requested according to Section 24-85 but that it be an after-the-fact variance
with the history of the issue along with the court reporter's transcription be attached to
these minutes. The motion was seconded by Mr. Frohwein and the variance was
unanimously granted.
II. Application for Variance filed by Lowell G. Borah, Sr., to construct a screened
porch addition that will encroach the rear yard setback at property located at 92 West Fifth
Street.
Mr. Borah introduced himself and stated that he and his wife recently had the
residence constructed and desired to construct a screened porch onto the house that
would encroach the rear yard setback. He stated that he was unaware of the setback
requirement. He presented letters from neighbors supporting his request. He also
presented pictures to the board of Doug's Towing Service located directly behind his
property indicating construction encroaching the rear setback.
After discussion, Mr. Frohwein moved to deny the request for variance. Mrs.
Pillmore seconded the motion and the variance was unanimously denied.
The chairman requested staff to investigate and report to the board at the next
meeting the history of the encroachment of the structure located to the south of 92 West
Fifth Street.
III. Application for Variance filed by Kent and Cindy Haines to enlarge a garage
that will encroach the front yard setback at property located at 1958 Beachside Court.
Mr. Haines introduced himself to the board and stated that he desired to extend the
existing garage out in line with the front of the main part of the residence. Due to the
curvature of the property line at a cul-de-sac, the proposed construction will encroach the
front yard setback by three feet.
The chairman informed the applicant that he could withdraw his request and reapply
with a different plan for the board's consideration but if the board denied the variance it
would be for a one year period before he could reapply. Mr. Haines declined to do so.
After discussion, and the board determining that an alternative exists even though
not as cost effective, Mr. Frohwein moved to deny the request. Mrs. Walker seconded the
motion and the variance was unanimously denied.
VI. Application for Use-by-Exception filed by Ted and Debra Jackrel to operate
a distributorship office for paratransit vehicles at property located at 58 West 9th Street.
Mr. Jackrel introduced himself and explained that he operates a distributorship of
vehicles designed for handicapped users. He stated that the business does not generally
sell vehicles at retail but are stored on site and sold wholesale. The principal use of the
property is to be office space for staff but a use-by-exception is required because of the
sale of vehicles. He indicated that the property adjacent and due west is the location the
completed vehicles will be stored prior to sale.
Mr. Jackrel stated that approximately fifteen vehicles would be stored at the
property and the area fenced in and no repair work would take place at the property. He
stated that at present there are five employees which may increase to six or seven but the
parking in the front of the building is adequate for their personal automobiles with six
spaces being available.
The chairman expressed concern regarding lighting and dust problems as well as
hours of operation since the property is adjacent to residentially zoned property. The
applicant expressed willingness to comply with requirements with regard to those issues.
Mr. Worley explained that the applicant would be required to comply with
appropriate zoning requirements including a wall or fence separating the residential
property as well as lighting and landscape requirements.
After discussion, Mr. Wolfson moved to recommend to the City Commission that the
use-by-exception be approved subject to the following:
1. That there would be no lighting that would interfere with the residences
immediately adjacent to the property;
2. The hours for conducting business would be from 8:00 a.m. to 6:00 p.m. on
weekdays and Saturdays with no business conducted on Sundays.
3. There be a fence constructed that would not be offensive to the residents
immediately adjacent to the property, i.e., a finished fence on the resident's side.
4. That the parking lot be completed allowing proper drainage and minimum
dust.
5. That there be no more than 20 vehicles stored on the property.
Mrs. Pillmore seconded the motion. Mr. Frohwein moved to amend Mr. Wolfson's motion
to include that the automobiles be stored in a fenced area and the use-by-exception be
granted solely to the applicant. Mr. Wolfson further amended his motion and Mr.
Frohwein's amendment to include removing the septic tank drain area, level the property
and include in fenced area for storage purposes. Mrs. Walker seconded the amended
motions and the board voted unanimously to recommend approval of the use-by-exception.
V. Application for Variance filed by Carlos Fraticelli and Barbara Robinson to
construct a roof over an existing nonconforming deck at property located at 230 Magnolia
Street.
Mr. Fraticelli introduced himself and stated that a screened deck was constructed
in 1991 which encroached the side yard setback line. The enclosure was permitted in
error with the encroachment showing on the approved drawings. He stated that he did not
realize a problem existed until recently when applying for a permit to place a roof over the
structure.
Barbara Robinson, co-owner of the property, introduced herself and stated that it
was not their desire to alter the structure but simply cover it with clear plastic.
After discussion, Mr. Frohwein moved to grant the variance provided that the
screened structure not be enclosed with walls in the future. Mrs. Pillmore seconded the
motion and the variance was unanimously granted.
VI. Application for Variance filed by Clinton Burbridge III to construct a 6-foot
fence on the west property line of 270 6th Street.
Mr. Burbridge introduced himself and explained that his property is located on the
southeast corner of East Coast Drive and Sixth Street and desires to construct a 6-foot
fence on the that portion of his property. He stated that there is extreme traffic noises at
the location and presently has a 2-foot fence. On corner lots the secondary street front
setback is 15 feet thereby requiring fences within that area to be 4 feet or less in height.
He presented pictures of the property to the board and stated there were other fences in
the area which are in noncompliance.
The Chairman mentioned various solutions including widening the road, (Tel/ay
direction and speed bumps. He stated that if a variance was granted it would create a
dangerous line of sight situation at the intersection. He stated that the whole situation of
traffic and solutions should be studied by the City.
Mr. Frohwein suggested that the board review a traffic study that was recently
compiled by the Public Safety Department.
Chris List introduced herself to the board and stated she is a neighbor of the
applicant and explained to the board the problems with noise she and other neighbors
have been having in the area.
The chairman stated that to alleviate the problem for all four citizens at the
intersection it would take the construction of a six or eight foot fence at each property and
that solution would create very hazardous traffic problems.
After further discussion, and with the consent of the applicant, the board deferred
action on the application until such a time as further review and study of the situation may
be accomplished. Mr. Worley stated he would supply the members of the board with
copies of the traffic study. Action was deferred until the July 1997 meeting.
VII. Application for Variance filed by Barry Adeeb to construct an addition to an
existing nonconforming restaurant located at 501 Atlantic Boulevard.
Mr. Adeeb addressed the board stating his desire to operate a breakfast restaurant
and construct an addition to accommodate additional seating. The proposed addition will
be constructed on the west side of the building and will not further encroach into the
setback. He stated that the landlord is going to repave and restripe the parking lot to go
along with the proposed renovation.
Mr. Worley reminded the board that the application is requesting a variance to
construct an addition to a nonconforming structure and the applicant would have to meet
code requirements for seating, parking and landscape.
Mrs. Walker voiced concern regarding the square footage and remodeling of 50%
of the structure.
After further discussion, Mrs. Walker moved to approve the variance to construct
an existing nonconforming building subject to receiving the signature of the owner on the
application. Mr. Frohwein seconded the motion and the variance was unanimously
granted.
Mr. Wolfson queried Mr. Worley the status of the progress of Kent Theatres in
completing landscape work. He said they have had six months to complete the work and
should be reported to Code Enforcement.
The board directed that staff investigate and report at next month's meeting the
setback encroachment behind Mr. Borah's property at 92 W. 9th Street as well as
nonconforming six and eight foot fences constructed in the City.
The board agreed to hold a special meeting in the conference room on June 17,
1997 at 6:00 p.m. to discuss the proposed amendments to the zoning code of ordinances.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED �c0 i, 00
'
ATTEST eq & A_)
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REQUEST FOR VARIANCE
1550 Beach Avenue
• 1988 -cabana built 2.2 feet from property line—today's code requires 5 feet.
• 7/21/88 - note in City file by Don Ford---"detached building near pool in back yard—no
permit(?)per property appraisal's office.
• 1992 house sold to Utsets.
• 8/15/95 -BEFORE BUYING the house,the Montagnas asked Don Ford if a roof deck could
be built. House file was pulled, blue prints shown. NO MENTION OF PERMIT
PROBLEM.
• 8/21/95 - Montagnas hired Nadeau Zebouni to do a structural inspection of the property
before they bought the house. Don Ford accompanied Zebouni on the inspection (sec
attached Zebouni report). NO MENTION OF PERMIT PROBLEM.
• 9/14/95 -Montagnas bought the house. NO MENTION OF PERMIT PROBLEM.
• 4/9/97 - Letter from Don Ford demanding Montagnas have cabana brought into compliance
with city code(see attached).
• There is no record in the City file of any attempt by Don Ford to permit this building.
We are requesting a variance because:
1. Don Ford should have advised us of the permit problem PRIOR to the purchase of the house.
2. We are the third owners since the cabana was built.
3. We paid more for the house because we needed the cabana.
4. The house is for sale and this permit problem has cost us one buyer and must be disclosed to
others.
5. Moving the cabana would destroy the appearance of the garden.
6. Moving the cabana would place it too near to the pool(see attached photo).
7. Moving the cabana would be an unfair and expensive hardship for us.
8. There is no change in appearance by moving the cabana and it has been there for 9 years.
9. Neighbor's house is 45 feet south of the property line and 47.2 feat south of the cabana.
We have made expensive repairs and landscaping to beautify this house, adding to the
appearance of Beach Avenue and Atlantic Beach.
Enclosures:
Survey
Don Ford memo 7/21/88
Zebouni report 8123/95
Don Ford letter 4/9/97
Photo of cabana in garden
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Tel (904) 285-9890
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REPOT NO. : 01 INSPECTION DATE: August 21,1995 (2100 P-M.)
PROJECT: 1550 Beach Avenue REPORT DATE: August 23, 1995 ( 11:00 A.M. )
CONTRACTOR: Huston Frailey WEATHER: Hot
CLIENT: Julius Montague YOUR RBYERBNCY: Bernie Usti)
OBSERVED BY: Redeem Zebouni, P.H. and Don Ford
OUR REFERENCE: 5135
REPORT PREPARED MI Nadas= C. 7.ebouni, P.E.
REASON FOR OBSRRVATION: Structural evaluation
ITEMS EXCHANGED: Original construction documents from George Bull to Zebounl.
copy of Chatham Roofing Co. report from Montague to Zebouni (aee Exhibit "A"),
and pool permit from City of Atlantic Beach Buildinf Department to Zebouni.
CSL INFORMATION:
The construction documents for the original and main structure were
prepared by George Bull, Jr. , Architect, and dated January 29, 1973.
The construction permit was obtained on February 22, 1974 and construction was
performed by Huston Frailey, General Contractor, for Mr. and Mrs. John J.
On December 29, 1974. a permit for an irrigation well was obtained. In
0183, � s•n Ford. presently Building Official of the City of Atlantic Beach, built
covered garage with a flat second floor level wooden deck for Chuck and
Jackie Shondsmeyer. A waterproofing membrane was applied by Romano Roofing over
the 1/2" CDX plywood roof sheathing prior to nailing the 2x4 wood sleepers a 24"
on centers to receive the 2x6 wood decking.
In 1 8 ike Leinenweber built a cabana for the Shondemeyers and added a
jaccuzi on the second floor deck. A pool was added to the backyard at the same
time.
The present owner, Dr. Bernardo (Bernie) Utsts, changed rotted ?acro roof
rafters over the carport and Bill applied exterior grade plywood over the
rafters, covered it with 2 layersof 301 felt and 900 industrial thenolled prioring
with liquid tar (black jack) along
the lap
was
ends. Deckingapplied
to replacing the existing jaccuzi.
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4 CITY OF
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RECEIVED
APPLICATION FOR VARIANCE APR 1 1 1°97
City of Atlantic Beach
-- ,. Buildingand Zonin
NEXT SMI:E'1'1NO DATE: _."2O 1�7 FILING DEADLINE: g
PLEASE TYPE OR. PR INT IN INK APPLICATION FEE $75 . 00
TO REQUEST A VARIANCE FROM THE REGULATIONS INDICATED IIEREI:N , THE
APPLICANT MUST SHOW THAT 'I'IIERE ARE UNNECESSARY HARDSHIPS IN
CARRYING OUT THE STRICT LETTER OF THE CODE.
J4f 2, al ./h o .,v 77-1 G,v4 dr/944F-
Applicants
/+ 'AppIicanrts Name Owners Name
Address Address
f4.32 71 _._ -- - --- --- - _ ---
City, State , Zip City , State , Zip
'telephone : SUro2..2 _CJO_,ec. Telephone :
Street address and legal_ description of subject properly : Note :
Copy of deed and survey or plot plan indicating proposed
construction must be attached .
�._1;/ i. .r� / -� 77e.. c 'e i.C_r'>l. .
j -
Zoning classification of property : _-_ __ /�_�'__- .... .
Section of code from which variance is sought. :--.-___-_ -___-. _ -- _
Describe variance requested : /0� C` ��� ,�... c'
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L c< C Ap c> �, fC C4l -k) T c7.. ..n,e-...r,p
Suppo.rt.ing data which should be considered by Board :
IN FILING THIS APPLICATION FOR VARIANCE, THE UNDERSIGNED
UNDERSTANDS TT BECOMES A PART OF THE OFFICIAL RECORDS OF THE CITY
AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS
TRUE TO .TILE BEST OF HIS/ITER KNOWLEDGE.
111
• . igna .ure of Propert Owner
( required for processing
I ,
•
MAP SHOWING SURVEY OF
LOT 7, BLOCK 63, MANDALAY, AS RECORDED IN PLAT BOOK 10 PAGE 11 OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
Z BEACH AVENUE
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ii 5 NO BUILDING RESTRICTION LINE PER PLAT.
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(49.79' FIELD) ' 6'W000FENCE
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II
THE PROPERTY SHOWN HEREON APPEARS TO LIE IN FLOOD ZONE "X" (AREA OUTSIDE 500 YEAR FLOOD
PLAIN) AS WELL AS CAN BE DETERMINED FROM THE "FLOOD INSURANCE RATE MAP" COMMUNITY PANEL
NUMBER 120075 0001 D REVISED APRIL 17, 1989 FOR ATLANTIC BEACH, FLORIDA.
I HEREBY CERTIFY TO JULIUS J. & TINEKE J. MONTAGNA, NORWEST MORTGAGE, INC. ; FIRST AMERICAN
TITLE INSURANCE COMPANY, & WATSON & 06BORNE THAT I HAVE SURVEYED THE LANDS AS SHOWN IN
THE ABOVE CAPTION AND THAT THIS MAP IS A TRUE AND CORRECT REPRESENTATION OF THAT SURVEY
AND THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA
•NISTRATIVE CODE CHAPTER 61 G17-6 AND THE FLORIDA TITLE SOCIATION,
THIS SURVEY NOF 'IALID UNLESS
SEALED WITH AN EMBOSSED SEAL DONN W. BOATWRIGHT, L.S.
�F SURVEYOR SIGNED HEREON RECHECKED -SEPT. 13, 1995 FLORIDA REG. LAND SURVEYOR No. 3295
RECHECKEO- MARCH I8,1992
,SCALE: I " = 0.6 ' BOATWRIGHT LAND SURVEYORS, INC. DATE SIGNED:
DRAWN BY: APC 1711 5th STREET SOUTH
SHEET I OF I
F.B. f: FILW JACKSONVILLE BEACH, FLORIDA 241-8550
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