Loading...
2007-01-16 (meeting minutes)Minutes of January 16, 2007, Community Development Board Meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD January 16, 2007 A regular meeting of the Community Development Board was held on Tuesday, January 16, 2007 in the City Hall Commission Chambers. Present were David Boyer, Craig Burkhart, Joshua Putterman, Carolyn Woods, Community Development Director Sonya Doerr and Recording Secretary Bambi Dickinson. Chairman Sam Jacobson and Lynn Drysdale arrived at 7:13pm. 1. Call to Order and Pledge of Allegiance. Craig Burkhart, Acting Chairman unti17:13pm, called the meeting to order at 7:09pm. 2. Approval of Minutes. A motion was made by Ms. Woods to approve the minutes from the regular meeting of December 19, 2006. Mr. Putterman seconded the motion, and it passed unanimously. 3. Recognition of Visitors. No persons spoke at this time. 4. Old Business. None. 5. New Business. a. ZVAR-2007-01, Michael Dunlap. Request for a Variance from Section 24-107(e) (2) to reduce the 20-foot rear yard (Beach Avenue side) setback to 16-feet, nine inches to allow for construction of a second floor addition to an existing oceanfront single-family residence within the RS-2 Zoning District located at 2069 Beach Avenue. Mr. Boyer asked to abstain from voting on this issue due to the applicant is his neighbor and he was the original architect of the home. Ms. Woods indicated that she would like Mr. Boyer to participate in the vote if he had no financial interest in the property. Ms. Doerr stated that the City Attorney has on numerous occasions advised Board Members to hear and vote on an issue as long as there are no financial interests or conflicts related to the property. Mr. Boyer stated he does not have any financial interests in the property. Michael Dunlap introduced himself as representing Mr. Lee Ferguson in the expansion of his home. Mr. Burkhart inquired if any construction will be done on the first floor of the home and how the second floor addition will be supported. Mr. Dunlap stated no addition is planned for the first floor and explained the support system planned for the second floor addition. He further explained that the coastal construction setback is the reason why the house is located so close to Beach Avenue. Ms. Woods asked if the neighbors have been contacted or notified regarding the proposed construction. Mr. Dunlap believed the neighbors were aware of the application. Mr. Boyer who lives next door noted the presence of the zoning notice sign placed in the yard. Chairman Jacobson and Ms. Doerr clarified that the sign posting and newspaper advertisement were the notices for a variance application. Chairman Jacobson inquired as to the use of Minutes of January 16, 2007, Community Development Board Meeting proposed addition and the current square footage of the home. Mr. Dunlap replied the area will be a media room and estimated the current square footage of the home to be approximately 5,000 square feet. Chairman Jacobson questioned how the room is presently utilized. Mr. Dunlap stated the current use of the room is a small media room and the owners would like a larger one. Chairman Jacobson stated that although the applicant is asking for a very small reduction in the setback, his concern is how common the request is for a variance to reduce the setbacks and almost all requests are denied even when hardships exist. He suggested to Mr. Dunlap that if the room was increased in size by 8-feet instead of the proposed 10-feet, a variance would not be needed. Mr. Dunlap explained the dynamics of projection equipment and seating for the media room requires 10-feet. He stated he had already spoken to his clients and normally does not recommend going though the variance process. The owners have already removed one row of seating they wanted in order to get the size down to 10-feet. Mr. Burkhart asked Ms. Doerr if the Administrative Waiver was applicable in this issue. Ms. Doerr stated that this would allow only a 1-foot reduction in the setback. The Administrative Waiver was 10% prior to 2001 when it changed to 5%. Board Members were referred to Section 24-47 (h) to review this information. Chairman Jacobson requested the extension at the widest point. Mr. Dunlap estimated it to be 39-feet. Chairman Jacobson noted that at some point the "pie piece" would exceed 5%. Ms. Woods inquired if the home had a circular driveway. Mr. Dunlap stated it did not. Chairman Jacobson indicated that if the room was expanded due to adding children's room or for an elderly parent to move in he could support the variance since the request was minimal into the setback but he could not support a variance for a media room. Chairman Jacobson asked Board Members for comments. Ms. Woods does not agree with the grounds of topographical conditions for approval because everything on the beach has topographical issues. In addition, the irregular shape of the property would only be irregular if you viewed every lot as rectangle. However, the request for a variance to allow for 21-square feet is not encroaching on anyone. Most requests are for more building in the rear yard setback, which does affect others. She stated she could go either way on this request because the addition does not really affect anyone. Chairman Jacobson stated what is being request is minor, but the grounds for the request are not compelling. Mr. Boyer again requested to abstain from the vote due to his home is located right next door to the applicant and he designed the original house. A motion was made by Mr. Burkhart and seconded by Ms. Woods to approve the request for a Variance based on the irregular shape of the west property line and also noting that Section 24-47(h) is ambiguous and that the request could be also found consistent with Section 24-47(h) since the 21-square feet encroachment is less than 5% of the setback area. The motion passed by a 4:1 vote with Chairman Jacobson dissenting. b. UBE-2007-01, Auto Systems 2000 Plus, Inc.; Request for aUse-by-Exception to allow the sale of used automobiles on a developed site within the Commercial General (CG) Zoning District located at 1075 Atlantic Boulevard. Jacob Perry introduced himself to the Board as an owner of Auto Systems 2000 Plus. He described his business as selling used cars and believes this business will be an asset to the community by selling dependable cars in the $5,000 range. His sales plan includes the use of an additive that will make cars with 80,000 - 125,000 miles more dependable. The additive creates a chemistry to remove oil and varnish from the engine and reduce emissions. The property at 2 Minutes of January 16, 2007, Community Development Board Meeting 1075 Atlantic Boulevard does have an entrance and exit. FDOT has indicated the location has enough square footage to sell used cars. His plan is to sell 12-15 cars a month, and he estimates approximately two customers a day visiting the lot. Mr. Boyer requested the size of the property. Mr. Andy Campbell of 1435 Scott Road, Jacksonville, Florida, came forward and estimated the lot to be approximately 100-feet by 600-feet. Mr. Campbell stated the property owner, Edith Kahoe, is his mother-in-law. She is 86 years old and lives with him and his wife. He presented a letter authorizing him to speak on her behalf. The property lease to Mr. Perry will be for one year with an option for a second year. Mr. Perry stated he wanted to work with the City and will do whatever the City requests. Mr. Bob Parker of 9143 Marley Road, Jacksonville, Florida, came forward to speak as Mr. Perry's partner in the business. He clarified that many of the cars will be removed from the lot within seven days because they are planning to sell many of them on e-bay. They are going to offer a better product to the public than currently available now, so cars will not be coming back to their lot. Chairman Jacobson inquired if they are going to be doing repairs on the property. Mr. Perry responded that easy jobs like AC Repairs or headliners will be done there in the back, but heavy auto repairs will be sent to Bridges Automotive. Ms. Woods requested the plans for the existing building. Mr. Perry would like to apply a stucco finish to the front of the building and paint it similar to the present colors. Due to a one-year lease he does not want to invest a lot of money into the property but does plan to clean it up and beautify the area. Chairman Jacobson asked if there were any plans to sell the building. Chairman Jacobson stated that he believed a used car lot on Atlantic Boulevard was contrary to what the City was trying to accomplish. Ms. Woods requested that landscaping be a condition to approval of the Use-by-Exception. Mr. Burkhart commented that the Board cannot require that the Landscaping Code to be met since a building permit is not going to be applied for. Staff noted that there is no additional construction proposed and this site is already almost a totally impervious site with little area that could be used for any type of landscaping. Discussion followed regarding the small grassed area along the front west side of the lot. The Applicant offered to provide a row of shrubs in this area. A motion was made by Mr. Burkhart and seconded by Ms. Woods to recommend approval for aUse-by-Exception to allow for the sale of used automobiles with the following conditions: • No more than 8 cars may be located in the front of the property at one time. • Minor repairs and detailing must be done in the bays or behind the building. An amendment was added to the motion requiring a 4-foot high shrub row on the West side of the fence. Mr. Boyer seconded the amended motion and it passed unanimously. Ms. Doerr reminded the Applicant that this is a recommendation only; final action is taken by the City Commission. c. ZVAR-2007-02, Peter Coalson. Request for atwo-part Variance to reduce the dimension of parking space sizes from 10-feet by 20-feet to 9-feet by 18-feet and to reduce the rear yard (south side) setback from 20-feet to 10-feet for a new building to be located at the southeast corner of Sturdivant Avenue and Pine Street. Peter Coalson of 1825 North Third Street, Jacksonville Beach, introduced himself. His application is on behalf of Joe and Paula Puopolo. Chairman Jacobson asked Ms. Doerr if this was a corner lot. She responded that the property was a corner lot and that Sturdivant is the front 3 Minutes of January 16, 2007, Community Development Board Meeting of the lot. Ms. Woods inquired if there is any current regulation that restricts parking and prohibits a car to back out of a parking space onto the street. Ms. Doerr responded that there are not any at this time, and that the Applicant had been working with Public Works Director Rick Carper regarding design of the parking. Chairman Jacobson suggested that the Board break the application into two parts since it is a two-part request. The Board noted that three variances to reduce parking space dimensions to this size have recently been approved, and inquired when this change will be made to the code. Mr. Burkhart inquired if the proposed building is going to be two stories. Mr. Coalson responded that the building would be two stories. A motion was made by Mr. Burkhart and seconded by Ms. Drysdale to approve the request for a variance to reduce the dimension of parking spaces from 10-feet by 20-feet to 9-feet by 18-feet. The motion passed unanimously. Mr. Coalson described the size of the lot as 5,000 square feet and indicated he felt that was very small for commercial property. The drainage for the site will be an underground vaulted design. Ms. Woods inquired about landscaping, and Mr. Burkhart noted that the project would be subject to the full landscaping code requirements. Ms. Woods asked if materials for this building had been decided and if this would be a professional building. Mr. Coalson indicated that the plan has not progressed to picking out materials yet and that no retail is planned for the building. Chairman Jacobson inquired about plans for trash removal. Ms. Doerr stated any trash receptacles must be concealed. Mr. Coalson stated there will be no dumpster on this site. Chairman Jacobson asked the public for comments. Mr. Paul Eakin of 1745 Beach Avenue (residence) and 599 Atlantic Boulevard (business) came forward to challenge and protest the approved motion regarding the parking space sized since the Chairman did not open discussion to the public before calling the vote. The Chairman concurred with Mr. Eakin, and stated he would allow comment, and the Board would reconsider the vote if needed. Mr. Eakin has been at his lot on 599 Atlantic Boulevard since 1982. He feels that parking backing out onto the street is a safety factor for the children who play near by and the oncoming traffic in which the current speed limit is 35mph. In addition, on the north side of his property has been a haven for homeless people. By agreeing to a two-story building and 10-feet between the buildings he feels it will essentially be an ally way for the homeless and underage smokers and drinkers. He disagrees with the Community Development Staff Report. There is only one check under approval but he feels that 5 checks could have been made under denial. He would like the Board to consider the surrounding business of Coldwell Banker, Monahan Jewelers, Martha's, and the Italian Food Store, all who are squeezed on there lots. The approval of this variance would exacerbate the current situation that is already a tight area. Mr. Boyer asked Ms. Doerr what are the parking space requirements. Ms. Doerr responded they are 1 per 400 square feet of floor area. Mr. Coalson's rebuttal was that the present state of parking is already a safety concern; that this vacant lot and the one to the south were already used for parking. The addition of this building would not make the situation worse in regards to the homeless issue, but would improve this problem. The addition of the building would provide more lighting and less space for them to access the properties. Paula Puopolo of 2446 Seminole Road and owner of the property came forward to address the Board. She stated that Mr. Eakin had approached her about selling the property to him and renting space. She currently operates a business where she teaches yoga classes at 60 Ocean Boulevard. She has worked with Mr. Coalson in the past when he built her home. She wants appropriate aesthetics for the building and feels that the larger building would 4 Minutes of January 16, 2007, Community Development Board Meeting limit individual access by creating less of a thorough and make the area more secure. She described their plans to create a fenced and secure courtyard at the rear of the new building. Mr. Putterman asked Ms. Puopolo to address Mr. Eakin's concerns about parking. She stated that most people walk and bike ride to her classes. A bike rack will be installed at the new location. Chairman Jacobson inquired how people attend Ms. Puopolo's classes. She estimated that 2 or 3 people attend the morning and evening classes during the week and she has private lessons in the afternoon. Weekend classes may have up to 20 people. Chairman Jacobson requested how much of the building will be reserved for yoga. Ms. Puopolo stated at her current location she has 825 square feet and would like to increase her space to 1200 square feet at the new location. She reminded Board members to estimate space for elevators, stairs, and bathrooms. Chairman Jacobson concern is that Ms. Puopolo is trying to overbuild on a tiny lot. The City has setbacks and why should the applicant be excused from those requirements. He further stated that the Community Development Board does not make the rule -only upholds them. She has a clear rectangular lot with no obstructions. The applicant is basically telling the Board she just wants a bigger building. The City Commission has set up guidelines and he is not sure the Community Development Board should go against them. Chairman Jacobson suggested to Mr. Coalson that he should be before the City Commission meeting requesting setback changes for commercial lots. Ms. Woods inquired if the other surrounding business sit at the property line and is she is surprised that there are such large setbacks required in commercial areas. Ms. Doerr indicated that the some of the surrounding lots contain older buildings that are built up to the property line, but that without researching files, she does not know if these have variances. Mr. Boyer stated that the Board always considers precedent, but that granting approval of this request would not set a precedence since the setbacks are not to code for the buildings next door. Chairman Jacobson requested input from the other Board Members. Mr. Boyer made a motion to approve the setback Variance, and Ms. Woods seconded the motion. Ms. Woods stated she probably appeared fickle on this issue because she sits on the other side of the fence on residential issues. She feels commercial is different and precedence is already set. Mr. Burkhart indicated he will vote against the variance due to the City has a set of rules and he will abide by present codes. The driving force for this venture is financial and that is not a consideration for a variance. Mr. Boyer agrees with Ms. Woods that the setback requirement for commercial property is unreasonable and would recommend approval based on Option #2 under Suggested Action to Recommend Approval. Ms. Drysdale stated she agrees with Mr. Burkhart's comments. The applicant is seeking a substantial variance from what is allowed. Chairman Jacobson stated it sounds like an attractive project, but the City Commission has set rules and there is nothing particular about this lot to grant a variance. In his opinion, Mr. Coalson and Ms. Poupolo need to go to the City Commission and ask to have the rules changes. After conferring with his client, Mr. Coalson requested this issue be deferred. d. Review of proposed text amendments to the Intergovernmental Coordination Element and the Capital Improvements Element of the adopted 2015 Comprehensive Plan. Ms. Doerr reviewed and explained the proposed document to the Board. Chairman Jacobson asked Ms. Doerr if everything in the document was mandated. Ms. Doerr responded that the majority of it was. Mr. Boyer is concerned with the wording under H.1.2.9 "are not met." Ms. Doerr noted the correction to be made. 5 Minutes of January 16, 2007, Community Development Board Meeting A motion was made by Mr. Burkhart to recommend approval the proposed amendments to Capital Improvements Element and the Intergovernmental Coordination Element of the Comprehensive Plan to the City Commission. Ms. Woods second the motion along with the correction noted by Mr. Boyer. The motion passed unanimously. 6. Adjournment. The meeting adjourned at 9:43pm. 1 Signed: Sam Jaco son, ha' man Attest 6