2004-07-20 (meeting minutes) vMINUTES
OF THE REGULAR MEETING OF
THE COMMUNITY DEVELOPMENT BOARD
July 20, 2004
A regular meeting of the Community Development Board was held on Tuesday, July 20, 2004, in
the City Hall Commission Chambers. Present were Chair Robert Frohwein, Craig Burkhart, Steve
Jenkins, Carolyn Woods, Community Development Director Sonya Doerr and Recording Secretary
Susan Dunham. Absent were Lynn Drysdale and Sam Jacobson.
1. Call to Order and Pledge of Allegiance to the Flag.
The meeting was called to order at 7:14 p.m.
2. Approval of Minutes of the meeting of June 15, 2004.
This item was addressed later in the meeting.
3. Recognition of Visitors. None.
4. Old Business. None.
5. New Business.
a. ZVAR-2004-08, Beno. Request for Variance to reduce the required 15-foot side
setback (on the 10th Street side) on a Corner Lot to 10-feet to allow for the expansion
and the enclosure of an existing carport on a lot within RS-2 Zoning District and
located at 986 East Coast Drive.
Mr. Frank Beno of 986 East Coast Drive introduced himself. He stated that he was
requesting afive-foot variance to enclose an existing carport and extending it out. He further
stated that this would give him a 10-foot setback instead of a 15-foot setback. Mr. Beno gave
the following reasons for his request:
1. Improve the house. Update the look of the house and the neighborhood would look
better;
2. Safety. Mr. Beno provided the traffic count and patterns for East Coast Drive and stated
that it would be safer to back out onto 10th Street instead of East Coast Drive;
3. Security. Storing the car in a garage would be more secure than the car sitting in the
driveway; and
4. Quality of Life. More space to place freezer in garage, store plywood cut for hurricanes
and store decorations.
Mr. Frohwein asked Mr. Beno which Grounds for Approval, as listed in the Code and on the
staff's report would specifically address his application and allow this board to grant the
variance.
Mr. Beno responded that Grounds for Approval #3 (exceptional circumstances preventing the
reasonable use of the property as compared to other properties in the area) would pertain to
this application. Mr. Beno gave examples of construction that have occurred around the city
Minutes of the July 20, 2004 meeting of the Community Development Board
"' that he believed did not meet the code. Mr. Frohwein responded that this did not allow the
board to grant him a variance.
Ms. Woods advised that she also lived on East Coast Drive at a four-way stop so she
understood the traffic issues. She stated that Mr. Beno's point of backing out into East Coast
Drive right at the intersection appeared to be a traffic hazard. Ms. Woods further stated that
she felt that Grounds for Approval #2 (surrounding conditions or circumstances impacting
the property disparately from nearby properties) would be a reason to grant the variance. She
explained that Mr. Beno was the only one who lived at that intersection who had to back up
onto East Coast Drive.
Mr. Beno stated that he had previously requested a variance from the Community
Development Board to reduce the setback to 10 feet, which was denied, but believed that the
was told by the CD Board at that time, if he would apply again after one year, he would more
or less be approved fora 6-feet Variance, but not the 10-foot Variance.
In response to a question from Ms. Woods with regard to on-site triangles, Ms. Doerr stated
that she did not think the proposed addition would impact the site distance visibility at this
intersection.
Ms. Sherry Beno of 901 Ocean Boulevard, # 32, introduced herself. She stated that Grounds
for Approval #2 (surrounding conditions or circumstances impacting the property disparately
''' from nearby properties) was correct. Ms. Beno indicated that granting the variance would
allow Mr. Beno to have the reasonable and best use of the property and would enhance the
value of the property and neighborhood. She stated that the neighbors and other neighboring
streets were in favor of the request.
Mr. Jenkins moved to deny the variance request due to the grounds for granting a
variance had not been met. Mr. Burkhart seconded the motion.
Mr. Burkhart suggested to the applicant that he consider withdrawing his application for a
month to allow Ms. Doerr time to research his claim with regard to the previous variance
requests. He stated that this would have an effect on his vote if this was a mater of public
record. In addition, he reminded the applicant that if his request was denied, he could not re-
apply far another year. Mr. Frohwein responded that previous application for a variance had
been denied, and that the previous application and any discussions at that time were
irrelevant to this application.
Ms. Woods stated that she thought there was a safety issue involved with this application due
to the volume of cars in combination with the four-way stop.
Mr. Jenkins reminded Ms. Woods that the Board could not grant a variance that they would
not be willing to grant to every citizen in Atlantic Beach and they would have to be willing to
grant a variance to everyone located at a four-way stop.
Mr. Frohwein indicated that he also backed out onto East Coast Drive so he was familiar
with the condition and did not recognize this as a unique situation.
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Minutes of the July 20, 2004 meeting of the Community Development Board
"' Mrs. Betty Beno asked to defer the application until the following month's meeting.
Mr. Jenkins withdrew the motion. Mr. Burkhart withdrew the second.
Ms. Doerr emphasized that the earlier variance application was denied, and that this was a
separate application and must stand on its own merits.
b. UBE-2004-01, Joseph's Pizza. Request for a Use-by-Exception, seeking a
recommendation of approval for On-Premise Consumption, limited to beer and wine
only in association with a restaurant to be located within the Central Business District
at 30 Ocean Boulevard.
Ms. Doerr advised that a few months ago, the City Commission had amended Chapter 3 to
require that any new establishment in the commercial zoning districts, which did not
currently have a valid alcoholic beverage license, would be required to first obtain approval
of aUse-by-Exception.
Ms. Suzanne Bateh of 208 15`i' Avenue South, Jacksonville Beach, introduced herself. She
informed the board that their restaurant would be located at 30 Ocean Boulevard and would
be a pizzeria and Italian restaurant. She stated that they currently hold beer and liquor
licenses at two other locations and the licenses are in good standing. Ms. Bateh explained
,""' that the surrounding restaurants (Ragtime, Ocean 60) both have liquor, beer and wine licenses
and she, therefore, did not see a conflict with the surrounding area.
A motion was made by Mr. Burkhart, seconded by Mr. Jenkins, and unanimously
carried to recommend approval to the City Commission of the Use-by-Exception as
stated by Ms. Doerr in the application.
Re-address agenda item #2.
2. Approval of Minutes of the meeting of June 15, 2004.
A motion was made by Mr. Burkhart, seconded by Ms. Woods, and unanimously
carried to approve the Minutes of the regular meeting of June 15, 2004.
6. Adjournment.
Ther eing no further bu ' ess, the meeting adjourned at 7:55 p.m.
a
igned
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Attest