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2006-12-19 (meeting minutes)Minutes of December 19, 2006, Community Development Board Meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD December 19, 2006 A regular meeting of the Community Development Board was held on Tuesday, December 19, 2006 in the City Hall Commission Chambers. Present were Chairman Sam Jacobson, David Boyer, Chris Lambertson, Dave MacInnes, Carolyn Woods, Community Development Director Sonya Doerr, and Recording Secretary Bambi Dickinson. Craig Burkhart arrived at 7:14pm and Lynn Drysdale was absent. 1. Call to Order and Pledge of Allegiance. Chairman Jacobson called the meeting to order at 7:03pm. 2. Approval of Minutes. A motion was made by Mr. Boyer to approve the minutes from the regular meeting of November 21, 2006. Mr. MacInnes requested that the diameter of the tree referenced in the minutes under ZVAR-2006-10 be corrected to reflect the actual measured diameter when the applicant comes forward tonight. Ms. Woods seconded the motion, and it passed unanimously. 3. Recognition of Visitors. No persons spoke at this time. 4. Old Business. a. ZVAR-2006-10, Gary James. Request for a Variance from Section 24-106(e) (2) to reduce the 20-foot rear yard setback to 12-feet to allow for construction of an addition to the rear of an existing single-family residence within the RG-lA Zoning District located at 128 Camelia Street. Kenneth Stafford reintroduced himself as the liaison between the James family and the contractor, who employs Mr. Stafford. He distributed to all Board Members a map showing the boundary survey of the James' home and a letter from Larry Figart, Extension Agent, Urban Forestry for the University of Florida. The letter stated the tree located in front of the James home "is a large live oak approximately 22-24 inches in diameter 4.5 feet above the ground" (Correction requested from Item 2, Approval of Minutes). Mr. Boyer noted that it is possible to build out in the front of the home without removing the tree. Mr. Stafford stated the goal was to achieve having the maximum space. The lot already has no backyard so the James would not be losing a backyard. If they build in the front of the home they lose their front yard also. In his opinion, building in the back of the home achieves three goals; the front yard is saved, the tree is spared, and maximum space would be added to the existing home. Ms. Woods stated she drove by the property and it appeared that trees are also located in the backyard. Mr. James clarified Minutes of December 19, 2DD6, Community Development Board Meeting that the trees are located on his neighbor's property at the property line. Ms. Woods noted that the back yard setback once approved would never be gotten back. However, if you build forward and remove the tree, a replacement tree can be planted. Building forward would keep with the character of this neighborhood, and at this point she would be leaning toward a no vote. Mr. Stafford suggested the tree adds character to the home. Chairman Jacobson inquired as to the use of the garage area. Mr. And Mrs. James indicated it was currently being used as a storage area. Chairman Jacobson stated that he has reservations about approving the variance because the James' are requesting the variance to put in storage space and not living space. The current garage is not being used as a garage and could be finished out and used as additional space. Chairman Jacobson noted that the James' yard was in poox condition and seemed awfully close to being addressed by Code Enforcement. Mr. James stated the yard needed to be resoded, but he was waiting on the outcome of this issue before investing in the sod if construction was going to take place. Chairman Jacobson made a motion to approve but no one seconded the motion. Mr. Stafford stated the request for a Variance was the best way for the James' to utilize their money and that the way to make the space most effective was for them to add on in the back of the home. Mr. Stafford asked for leniency so the property can be improved and the front yard and tree the owners love can be saved. Mr. MacInnes stated he does not want to set precedence by allowing a tree as an excuse for a Variance. Ms. Woods inquired if a tree is a mitigating factor and how it would be mitigated according to the tree code. Ms. Doerr indicated that a tree removal permit approved by the Tree Board would be required before any construction. Ms. Woods requested a copy of the Tree Code (Chapter 23} be sent to her. A motion was made by Mr. Burkhart to deny the request for a Variance. Mr. Boyer seconded the motion stating that his reasons for denial are that once a rear yard set-back Variance is granted it will be hard to deny other requests when he believes it is possible to build out the front. The motion to deny was passed by a 5:1 vote. 5. New Business. a. UBE-2006-06, McCormick Auto Body. Request for aUse-by-Exception to permit Heavy Automotive Repair within the Light Industrial and Warehousing (ILW) Zoning District to allow McCormick Auto Body to re-locate from 1198 Mayport Road (Commercial General district) to a previously developed site at 112 Stewart Street with all business activity to be contained within the existing enclosed building. Ms. Doerr summarized the request noting that this was an existing developed site in the industrial zoning district, and that there is no construction planned, and also that this use was no longer a permitted Use-by-Exception in the CG zoning district, where the business is now located. Paul McCormick, 116 Jardemeir, Jacksonville, Florida introduced himself as the owner of the business and reviewed his request for aUse-by-Exception. Mr. McCormick stated his business has outgrown the current Mayport Road location, and he needs a larger space for his operation. The existing 20,000 square feet building will provide plenty of room for his business. Ms. Woods inquired if Mr. McCormick was going to purchase the property and asked him to define his use. Mr. McCormick defined his business as auto-body repair and painting. He stated 2 Minutes of December 19, 2006, Community Development Board Meeting that under the current contract he would be leasing the property for five years. Ms. Woods asked about the travel route that would be used to access this location. Her concern is the moving of vehicles through residential areas. Mr. McCormick indicated the route to the property would be Levy to Main to Stewart or Dutton Island and would not be through residential neighborhoods and that his business generated very little traffic. Mr. Tim Shea of Jacksonville Beach introduced himself as the property owner and provided background information on the location. The building was originally built in 1983 for the Navy who occupied it in 1984. The Navy vacated the building about one and half years ago due to relocating its operations on the base for security reasons. This property is in an industrial area, and the building was built prior to the Stewart Street duplexes that are near this location. The new business is required to have permits and inspections from the City, the Fire Department and FDEP. Mr. McCormick has all those permits and inspections in his current location and has always run his business in compliance with regulations. Mr. Shea stated he felt his location for this business is better than the current location on Mayport Road where the City is trying to eliminate auto types of uses. Chairman Jacobson requested the hours of operation and type of noise his equipment makes. Mr. McCormick stated his hours were Sam-Spm Monday thru Friday and occasionally on Saturdays. The types of equipment used are compressors, paint machines, and hammers to reshape fenders. Mr. Shea stated that the lease contract requires all work to be done inside the building. Ms. Woods addressed other Board members indicating she would like to require that the current building meet the landscaping code as part of granting the Use-by-Exception. Mr. Shea noted that there are trees and shrubs on the site now, which will remain as they are, and expressed concern to Ms. Woods over this proposed requirement because there is nowhere to plant trees and landscape islands that would not be in the retention area or City right-of--way. He felt this was an undue burden to require him to meet the complete landscaping code but agreed to plant hedges along the Stewart Street frontage where there is not driveway. Ms. Woods asked for clarification on planting in the City's right-of way. Ms. Doerr advised that planting in the City's right-of--way may be done as long as there are no underground utilities and with permission from the City. Chairman Jacobson stated that he felt Ms. Woods concern was the issue of an "ugly building" that landscaping would not shield. Ms. Woods indicated the requirements are minimal in the landscaping code, and she would like to see it required as part of granting the Use-by- Exception. No other Board member supported this as a requirement. Mr. Maclnnes raised concerns regarding the possibility of wreckers pulling into the location all hours of the night since most of the work done is insurance repairs. Mr. McCormick responded that vehicles could be dropped off only during normal business hours. Ms. Woods recommended that the installation of trees be required along Stewart Street. Chairman Jacobson indicated that requiring trees be planted is pushing the envelope in this case, and that planting of a hedge would do more to screen the building. A motion was made by Mr. Burkhart and seconded by Mr. MacInnes to recommend approval for aUse-by-Exception to permit Heavy Automotive Repair within the Light Industrial and Warehousing (ILW) Zoning District for McCormick Auto Body to occupy a previously developed site at 112 Stewart Street with all business activity to be contained within the existing enclosed building, subject to the following conditions: 3 Minutes of December 19, 2006, Community Development Board Meeting • The Stewart Street frontage shall be landscaped with hedge type shrubs extending from the existing driveway to the east side property line. • Business hours shall not exceed 7:OOam to 6:OOpm, Monday through Saturday. • Any additional lighting, which may be installed, shall be shielded and directed such that properties on the north side of Stewart Street are not illuminated. The motion passed by a 5:1 vote with Ms. Woods dissenting. 6. Adjournment. The meeting adjourned at 8:09pm. C Signed: Sam-?~, Chairman G~carcp 3~~,GrR~ ~a-~ Attest 4