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2005-02-22 (meeting minutes) vMinutes of the February 22, 2005 meeting of the Community Development Board MINUTES OF THE FEBRUARY 22, 2005 REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD A regular meeting of the Community Development Board was held on Tuesday, February 22, 2005, in the City Hall Commission Chambers. Present were Lynn Drysdale, Robert Frohwein, Sam Jacobson, Carolyn Woods, Steve Jenkins, David MacInnes, Community Development Director Sonya Doerr and Recording Secretary Jeanne Shaw. 1. Call to Order and Pledge of Allegiance to the Flag. The meeting was called to order at 7:02 p.m. Z. Approval of Minutes of the Meeting of December 20, 2004. Mr. MacInnes made a motion to approve the minutes of the December 20, 2004meeting, seconded by Ms. Woods; motion unanimously approved. 3. Recognition of Visitors. No visitors. 4. Election of Officers. Sam Jacobson made a motion to re-elect Bob Frowhein for Chairman and Craig Burkhart for Vice-Chairman, seconded by Lynn Drysdale. The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, Ms. Drysdale voted in favor of the motion. The motion was approved unanimously. 5. Old Business. No old business. 6. New Business. a. UBE-2005-O1, John G. Murr. Request for aUse-by-Exception to allow an auto body shop (Heavy Automotive Repair) in an existing building on a developed site within the Commercial General (CG) Zoning District and located at 589 West 14rn Street. Mr. John Murr, 61 West 2nd Street introduced himself to the Board members. Mr. Murr stated that he has been in business for 9 years and has had no complaints about his shop and its services. However, he feels that a new and bigger shop would be beneficial to him and his surroundings. Mr. Murr assured the Board that wreckers would go into the back entrance and would not disturb neighbors with noise. He also assured the Board that he would clean up the raggedy fence and the entire lot. Minutes of the February 22, 2005 meeting of the Community Development Board Mr. MacInnes questioned Mr. Murr about where the vehicles were going to be kept after hours. Mr. Murr's response was that all vehicles would be kept behind the property. Mr. MacInnes requested that Mr. Murr display a sign that reads: "All vehicles go to back after hours." Mr. Jenkins asked Mr. Murr if his business would occupy the entire building. Mr. Murr replied that he owned the entire building, but there are two other occupants at this time. Mr. Jenkins also asked Ms. Doerr about staff comments. Ms. Doerr stated that the UBE granted to the previous owner of this property does not transfer to the new owner. Ms. Doerr asked Mr. Murr to further explain where cars would be stored. Ms. Doerr stated that the adjacent property was not included in this request, and that even thought Mr. Murr owned that property, it could not be used for storing vehicles related to this business. Mr. Murr replied that he also owns an industrial light warehouse [ILW zoned] property, and he can move the cars there to be stored after hours if need be. Ms. Doerr stated that the Board can only recommend approval for the specific property identified in this application, but not for the back lot. Ms. Drysdale asked what the hours of operation were for body repair. Mr. Murr stated that the hours would be Monday through Friday from 8:OOam - 6:OOpm. Mr. Frowhein stated that he had concerns about the intensity of use of the property because of its infringement upon other residents in the area. Mr. Murr replied that he has never had any complaints at his West 2nd Street locations during his 19 years of business. Mr. Murr also stated that his garbage is kept neat, and the scrap guys pick up weekly. A motion was made by Mr. MacInnes, seconded by Ms. Woods, to recommend approval to the City Commission of the Use-by-Exception as stated by Ms. Doerr in the application. Ms. Doerr asked for clarification regarding the hours of operation. Mr. Jacobson stated that he assumed the hours would be as specified by Mr. Murr 8:00 am - 6:OOpm Monday through Friday. Mr. Jacobson also stated that he wanted to amend the motion so that the hours of operation were included. Motion amended to also include that the front area only of Mr. Murr's property is to be used for customer parking and all repair work and storage is to be done indoors within the facility. Discussion. Mr. Jenkins commended Mr. Murr on a good job so far, but wanted to point out the limits of being next to residents and asked Mr. Murr to continue to be mindful of the residential area around his property. 2 Minutes of the February 22, 2005 meeting of the Community Development Board The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, and Ms. Drysdale voted in favor of the motion. Mr. Frohwein, voted against the motion. The motion to recommend approval was approved 5 to 1. b. UBE-2005-02, John Fiege. Request for Use-by-Exception to allow a martial arts studio within an existing commercial building on a developed site within the Commercial Limited (CL) Zoning District and located at 1221 Mayport Road. Mr. John Fiege introduced himself to the Board. Mr. Fiege stated that he has lived here for 8 years and he has operated the Gentle Way Martial Arts studio for 2 `/z years but has to move business due to lease conditions. Mr. Fiege stated that he has found a new location 1 %2 blocks north of current location. The new location would be very easy for clients to find. Ms. Woods asked if Mr. Fiege was currently leasing the new space. Mr. Fiege replied yes. Mr. Frowhein stated that the site plan indicated the removal of the existing drive. Mr. Fiege replied that any work stated has already been completed by the owner and there isn't any new work to be done. A motion was made by Mr. Jenkins, seconded by Ms. Drysdale, to recommend approval to the City Commission of the Use-by-Exception as stated by Ms. Doerr in the application. The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, Mr. Frowhein and Ms. Drysdale voted in favor of the motion. The motion was approved unanimously. c. ZVAR-2005-01, Richard Gearhard. Request for Variance to reduce the required rear yard setback from 20-feet to 15-feet to allow for the construction of an enclosed sunroom addition to the rear of the existing residence property within the RS-1 Zoning District and located at 785 Redfin Drive. Phil Stearn, 6967 Phillips Highway, Jacksonville, stated that he was representing Mr. Gearhard. Mr. Stearn stated that there was a tremendous need for extra space in the house to build a family room for Mr. Gearhard's mother-in-law moving in due to health problems. The house presently is too small. Mr. Gearhard stated that there were other yards in Atlantic Beach that did not have the required 20 feet rear yard set back. Mr. Frowhein stated that he has looked at Mr. Gearhard's variance request. Mr. Frowhein asked Mr. Gearhard what grounds for the variance request did think fit with the request. 3 Minutes of the February 22, 2005 meeting of the Community Development Board Mr. Gearhard replied that #5 on the ground list -irregular shape of property warranting special consideration. Mr. Stearn stated that the placement of the driveway/carport made set the house too far back and left little room for addition. Mr. Frowhein stated that this was an unusual situation with the lot being a substandard size, but is typical for that block and did not recall variances given for the same reason. Mr. Jenkins made a motion to deny the request for variance, seconded by Ms. Drysdale. The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, Mr. Frowhein and Ms. Drysdale voted to deny the motion. The motion was denied unanimously. d. ZVAR-2005-02, Ian Sean McAfee. Request for a Variance to reduce the required rear yard setback from 20-feet to 15-feet to allow for the construction of an addition on the rear of the existing residence for property within the RS-2 Zoning District and located at 824 Sherry Drive. Ian McAfee, 824 Sherry Drive, stated that he was requesting the variance for reasons #3 and #5; exceptional circumstances and irregular shape of lot. Mr. McAfee stated that he would like to remove the "rear" wall (south wall) to add a second garage. Mr. McAfee currently has a covered carport, which is not aesthetically pleasing. Mr. McAfee stated that he has spoken with the neighbor at 850 Sherry Drive and he has no problem with the second garage. Mr. McAfee stated that the rear of the yard faces Seminole Road and is within setback restrictions. Mr. McAfee also stated that he was shocked to find that the side yard is the legal rear setback. Mr. Frowhein clarified that the front of the property is the point, and the rear is the southern line, and the definition of the front of the property is the side with the shortest curbage. Ms. Doerr stated that this property does have a very odd shape and that it is a very irregularly shaped lot. Mr. McAfee requested that change the rear side (south) to be treated as side setback. Mr. Jenkins asked if Mr. McAfee was asking for the variance as noted or is he adding another variance. Mr. McAfee replied that he was asking fora 5-8 foot setback. Mr. Jenkins replied that in his original request, Mr. McAfee was only requesting a rear yard setback. of 15-feet. 4 Minutes of the February 22, 2005 meeting of the Community Development Board Ms. Doerr suggested to Mr. McAfee to defer his request for variance until next month so that the variance request can be properly advertised. Mr. McAfee asked to defer his application until the next meeting on March. Mr. Jacobson stated that the Board has a sense of understanding about his situation, and his property is definitely an irregular shape. e. ZVAR-2005-03, Davis Fleming. Request for Variance to reduce the required 15- foot yard setback to allow for the construction of a first floor addition and a second story balcony within the existing footprint of an existing nonconforming single- family residence within the RG-3 Zoning District and located at 1025 Beach Ave. Davis Fleming, 1025 Beach Ave stated that he is requesting a variance of side yard setback due to substandard size of his lot, which is only 33-feet wide. Mr. Fleming stated that the deck on the side needs to be replaced, and would like to extend the first floor kitchen out into existing footprint of the house. Mr. Fleming also stated there is currently one floor and a second story deck. The second story deck is only half of the width of the house due to apartments that used to be there. Mr. Fleming stated that he wants to bring the deck on the second story all the way across the width of the house and bring the kitchen area under the deck. Mr. Frowhein asked for clarification of the width of the existing residence. Mr. Fleming stated that the existing house is 25feet flinches. Ms. Woods stated that the lot is 17 feet narrower than most lots. Mr. Jenkins stated that the existing structure is non-conforming on an irregular lot. Mr. Fleming is not looking to change the footprint of the existing house. Mr. Jacobson stated that this was an eccentric situation with an unusual lot. The house was already there before zoning requirements. Mr. Jacobson felt that if this variance were approved, it would not be detrimental to the City's interests. Mr. Jacobson moved to approve the variance request, seconded by Ms. Drysdale. The vote was called and Mr. Jacobson, Mr. Jenkins, Ms. Woods, Mr. MacInnes, Mr. Frohwein, and Ms. Drysdale voted in favor of the motion. The motion was approved unanimously. f. ZVAR-2005-04, Roger and Kathleen Cleary. Request for Variance to reduce the required rear yard setback from 20-feet to 12-feet to allow for the reconstruction of Minutes of the February 22, 2005 meeting of the Community Development Board a screen room addition on the rear of the existing residence for property within Selva Marina Gardens and located at 315 20t" Street. Roger and Kathleen Cleary, 315 20th Street stated that they purchased the house last March. The house contained a screen room that they wanted to enclose, but their contractor was denied a building permit, because the original screen room never received any permits and was therefore an illegal structure. In 1983 the previous owner built the screen enclosure without obtaining a building permit. The contractor advised Roger and Kathleen Cleary to remove the building. Mr. Jacobson asked Mr. Cleary if the roof of the previous structure had a hard roof and A/C. Mr. Cleary replied no, but the screen room that he would like to build will have a hard roof. Ms. Woods asked how far the house was from the edge of the lot. Ms. Doerr replied that it was 20feet. Ms. Doerr also stated that history of the property does show that a variance request was filed in 1983, but the previous owners withdrew the request and built the structure anyway. Mr. MacInnes asked what would have happened if they had not removed the screen room. Mr. Cleary replied that Don Ford said that they would be fined and then would have to go to the Code Enforcement Board. Mr. Cleary stated that the surrounding conditions of other properties do not seem to meet the Code. He feels that the variance request should be granted due to exceptional circumstances. Mr. Jacobson stated that it is very common to have a request that is similar to Roger and Kathleen Cleary's. Many people want to expand just because they want more space. Mr. Jacobson asked Ms. Doerr if they could put up anon-attached room. Ms. Doerr replied that they could construct a porch with a screened roof, but any solid roof enclosure has to meet setback requirements. Mr. Frowhein stated that the existence of an illegal structure is not grounds for granting a variance. Mr. Cleary stated that he did not think that was fair since he spent all of his savings to move here from NY and bought this house in good faith. Mr. Cleary asked if the variance was denied was there any recourse he could take with the people who sold the property to them. Mr. Frowhein replied that would be a civil issue not a board issue. Mr. Jacobson suggested that Mr. Cleary withdraw his application. 6 Draft minutes of the February 22, 2005 meeting of the Community Development Board "'` Mr. Frowhein asked if Mr. Cleary would be refunded his fee. Ms. Doerr stated that the fee could not be refunded since the application had already been advertised. Ms. Doerr also stated that Mr. Cleary would not have to pay his fee again if revised and submitted for a future date. Mr. Cleary withdrew his variance request. 7. Other Business. Mr. Jenkins reported that he was very pleased with the outcome of the community character workshop. He also reported that he felt that the issues were more defined and narrowed down than before the workshop. Mr. Jenkins also stated that he thought the consultant had given the City some good tools to address the problems. Mr. Jacobson requested that Mary Walker be recognized for all of her efforts in Atlantic Beach. Ms. Doerr stated that this had been done by the Mayor and Commission at a Commission meeting shortly after Ms. Walker's resignations. Ms. Doerr also noted that Lynn Drysdale and David MacInnes were reappointed to the Community Development Board at the last Commission Meeting. S. Adjournment. There being no further business, the meeting adjourned at 8:50 p.m. Signed 7