2004-06-15 (meeting minutes) vPage -1- Community Development Board Minutes -June 1 S, 2004
MINUTES
OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
FOR THE CITY OF ATLANTIC BEACH
Tuesday, June 15, 2004 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
A regular meeting of the Community Development Board was held on Tuesday, June 15, 2004, in the
City Hall Commission Chambers. Present were Chair Robert Frohwein, Craig Burkhart (7:05 p.m.),
Lynn Drysdale, Carolyn Woods (7:15 p.m.), Sam Jacobson, Steve Jenkins and Community
Development Director Sonya Doerr. City Attorney Alan Jensen and Mary Walker were absent.
1. Call to order and Pledge of Allegiance.
The meeting was called to order at 7:00 p.m.
2. Approval of Minutes of the meeting of May 18, 2004.
A motion was made by Ms. Drysdale, seconded by Mr. Frohwein, and unanimously
carried to approve the Minutes of the May 18, 2004 regular meeting as presented.
3. Recognition of Visitors.
No visitors addressed the Board.
4. Old Business
None.
5. New Business
a. ZVAR-2004-07, Carithers. Request for Variance from Section 24-157 to allow asix-
foot high stucco and wood fence to encroach two-feet, six inches into the required ten-
foot setback on the street side of a lot within the RS-2 Zoning District and located at 223
Ocean Boulevard.
Joseph Cronk of Cronk Duch Partners introduced himself and stated that he was representing
Judge Hugh Carithers, owner of the property. Peyman Ata-Abadi, an associate with the
same firm, also introduced himself. Mr. Cronk indicated that they were requesting a
variance from the setback requirement to allow a stucco and wood fence to encroach two-
feet, six inches into required ten-foot setback on the south side of the property, which would
allow them to create a courtyard and save all of the palm trees in the pool area. Mr. Ata-
Abadi distributed photographs showing the trees that would be saved.
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Mr. Cronk stated that the fence would provide a security wall for not only the pool area, but
for Mr. Carithers, who is a Judge. Mr. Cronk indicated that Judge Carithers preferred to keep
the wall in a straight line.
Mr. Jacobson inquired as to the trees that would be lost if the fence was built inside or on the
setback line. Mr. Cronk indicated that three large palm trees would have to be removed and
they wanted to save those trees and shrubbery located on the property. Mr. Jacobson
suggested that the wall could be built around the trees. Mx. Cronk indicated that they had
thought about that, but it would make the wall less consistent and aesthetically pleasing. Mr.
Jacobson commented that the four-foot wall could be built and would stay within the
required setback. He believed if the variance were granted allowing the six-foot wall, it
would set a controversial precedent. (Board Member Woods entered the meeting at this
time).
Mr. Jacobson asked Mr. Cronk if he really needed the two-feet, six inches. Mr. Cronk
responded that the requested distance balanced the street edge with the wall. He felt it might
not be required to save the trees, but it provided a balance between the different sized trees.
Mr. Jacobson stated that atwelve-inch variance would put the wall at the larger tree.
Mr. Burkhart stated that he reviewed the site plan and believed aone-foot, six inch variance
would be needed on the north side. He suggested that a curved nook be constructed around
the two equally spaced palm trees or that they be moved with a tree spade. Mr. Cronk was
asked if he would like to amend his request to allow aone-foot encroachment.
Messrs. Cronk and Ata-Abadi left the room at 7:25 p.m. to discuss whether or not they
wished to amend the request. Messrs. Cronk and Ata-Abadi returned at 7:28 p.m. Mr. Cronk
stated that he wanted to insure that if the wall was constructed encroaching a few inches into
the setback, it would not have to be torn down. Ms. Doerr suggested that the request be
deferred if there was any uncertainty, but indicated she had the administrative authority to
allow a 5% variation, which was determined to be six-inches. Mr. Cronk amended the
request from two-feet to allow aone-foot encroachment into the ten-foot setback.
Ms. Wood commented that the one-foot variance did not leave much room for error,
particularly if the site had not actually been measured or if the tree survey was inaccurate.
Mr. Frohwein believed the trees could be relocated and to him it seemed logical that you
would try to save the trees and vegetation on the site. Costs to relocate trees were discussed.
Mr. Frohwein read the conditions for granting a variance and asked the applicants if they
were familiar with them. Mr. Cronk responded that he had read them.
A motion was made by Ms. Woods to grant the amended variance to allow anine-foot
setback (one-foot encroachment into the setback). The motion failed for lack of a
'"` second.
A motion was made by Mr. Burkhart, seconded by Mr. Jenkins and carried by a five to
one vote, with Ms. Wood voting nay, to deny the amended variance request.
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` Mr. Jenkins believed that the trees could be saved, and it was an inappropriate argument to
request a variance based on the threat of tree destruction. Messers. Jacobs and Frohwein
agreed that alternatives were available to save the trees without the variance.
Mr. Cronk thanked the Board and stated that no "threat" was intended when the request was
made.
Mr. Frohwein noted that Mr. and Mrs. Jay Carver who live at 46 15th Street sent
correspondence opposing the variance.
6. Business Requiring No Action.
Community Development Director Doerr distributed copies of a Memorandum sent to the
Mayor and Commission concerning workshop topics and options related to the preservation
of community character within Old Atlantic Beach. She stated that the Board was invited to
attend the Commission Workshop at 5:00 p.m. on July 12th where preservation of community
character would be discussed.
7. Adjournment.
There being no further business, the meeting adjourned at 7:40 p.m.
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Attest
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