Item 8A.1AGENDA ITEM # 8A.1
DECEMBER 8, 2008
REQUEST #1: Brian D. Christy, Christy Plumbing -1651 Mayport Road
This property is one of the more unsightly properties on the south end of the Mayport Road Corridor, only
partly attributable to the chain-link fencing. A plumbing contractor is a use that would be more
appropriately located within an industrial district. AUse-by-Exception for this business was approved in
May of 2001 a time when such uses were considered apparently acceptable for Mayport Road.
(Compliance with the conditions of that approval is minimal.) There does appear to be adequate room for
landscaping that could substantially conceal the fence and buffer the view of this site. A significant
investment in large nursery stock would be required as a well as the property owner's commitment to
maintain the landscaping in a healthy condition. Given the overall appearance of this property a dense
landscape buffer might be more desirable than any type of open fence.
Minutes Page -b-
May 29, 2001
f
There was no discussion and the motion carried unanimously.
D. Ordinance No. 5-01-34 Introduction and Ffrat Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
SECTION 2-361, SUBSTANCE, TO DELETE THE
DOLLAR AMOUNTS FOR DAII.Y PER DIEM, AND
REPLACE THEM WITH THE INTERNAL REVENUE
SERVICE DAILY ALLOWANCE
Motion: Adopt Ordinance No. 5-01-34 on brat reading.
There was no discussion and the motion carried unanimously.
E. Ordinance No. 5-01-35 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 2,
ADMIIYISTRATION, ARTICLE TV, DEPARTMENTS,
DIVISION 5, DEPARTMENT OF PUBLIC WORKS,
AMENDING SEC. 2-80 DIRECTOR OF PUBLIC
SERVICES-APPOINTMENT, COMPENSATION;
~~ AMENDING SEC. 2-81, SAME-DUTIES; DELETING
SEC. 2-82, DIVISIONS; APPOINTMENT,
COMPENSATION OF CHIEFS; CREATING NEW
DIVISION 6, DEPARTMENT OF PUBLIC UTILITIES,
ADDING SEC. 3-84, CREATED; SEC.2-85, UTILITY
DIRECTOR-APPOINTMENT, COMPENSATION;
SEC.2-86, SAME-DUTIES; AND SEC.2-87, OTHER
DUTIES; AND PROVIDING AN EFFECTIVE DATE
(City Manager)
Motion: Adopt Ordinance No. 5-01-35 on 5rst reading.
There was no discussion and the motion carried unanimously.
8. Miscellaneous Business:
A. Public Hearing ~d action on an application far a Uae-by-
Ezceptlon Sled by Christy First Coast Plumbing to
operate a plumbing contracting business at 1651 Mayport
Road on property zoned Commercial General {City
Manager)
Motion: Accept the recommendation of the Community
Development Board and approve the uso-by-exception
Sled by Brian Chr#sty (ehriaty First Coast Plumbing, Inc.)
AGEI
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dDA ITEM # 8A.1
:EMBER 8, 2008
OMMISSIONERS
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Minutes Page -7-
May 29, 2001
to operate a plumbing business on property located at
1631 Mayport Road, (also described as Pt of Govt Lot
3(172061-0000) as recorded in OR Bk 9140 Pg IS16, and
Pt of Govt Lot 3 (172091-0000,172091-0010,172072-0000
and 172071-0000) recorded in OR BK 8896 Pg 334, being
Parcels A, B, D and E) zoned Commercial General (CG).
The conditions recommended by the Community Development Board
were as follows: (1}All existing storage trailers will be removed from
the site, (2} working hours in the shop will be confined to the hours of
'7:00 a.m. to 7:00 p.m., except for emergency pick up of tools and
materials by crews on emergency repair calls, (3) a privacy fence six
feet tall will be maintained between the residential lots to the east of
the property, and (4) all storage to be inside, with the exception of
pipe racks to store pipes).
Mayor Meserve opened the public hearing and invited comments
firm the audience. Brian Christy, owner of the business, stated that
he wished to clarify that the name of the business was Christy First
Coast Plumbing, Inc. No one else spoke and the Mayor closed the
public hearing.
There being no fiuther discussion, the motion carried unanimously.
B. Authorize the Mayor to sign all paperwork for the Edward
Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program (City Manager)
Motion: Authorize the Mayor to sign aU paperwork for
the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program.
There was ao discussion and the motion carried unanimously.
C.. Authorize the Mayor to sign the State Revenge Sharing
applficarion for 2000/2001 (City Manager)
Motion: Authorize the Mayor to sign the State Revenue
Sharing application for 2000/2001.
There was no discussion and the motion carried unanimously.
D. Authorize the City Manager to sign ~ contract with M.J.
Altman Companies, Inc. to provide collection services for
~'''1 the city (City Manager)
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:EMBER 8, 2008
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BoRNO X X
MITCflELSON X
WATERS 8
MESERVE X
BEAVER X X
BORNO X X
MZTCHELSON X
WATERS R
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r~ AGENDA ITEM # 8A.1
'"~.~ ~ fi DECEMBER 8, 2008
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1. Call to Order
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
May 15, 2001
7:00 p.m.
2. Approval of Minutes of Meeting of April 17, 2001
3. Recognition of Visitors
4. Old Business
a. Application for Variance filed by Kevin Byrnes to replat property and request a
variance from Section 24-105(d)(3), lot depth, for Lots 42, 44 and 46, Block 10,
Plat No. 1, Subdivision "A."
5. New Business
a. Application for Variance from Section 24-105(e)(2) filed by Robert Theis to
decrease the rear yard setback at 405 Seminole Road.
b. Application for Variance from Section 24-105(e)(3) filed by Robert Henderson to
decrease side yard setback at 159 l lth Street.
c. Application for Use by Exception filed by Brian D. Christy to operate a plumbing
contractor business in CG zoning at 1651 Mayport Road: ~...~~-~'-~-.f% ~...t~...~~
d. Application for Variance from Section 24-163(2) filed by Craig Sutton to allow
boat to be stored in front yard setback area at 1746 Beach Avenue.
e. Request from City Commission to determine if 50% landscaping requirement
should be lowered.
6. Reports. and Announcements
a. Metropolitan Planning Organization report on Jacksonville Area Transportation
Study.
b. Report on Mayport Flyover/Plaza Road issues
7. Adjournment
If any person decides to appeal any decision made by the Community Development Board at the
above meeting, he will need a record of the proceedings, and for such purpose, may need to
ensure that a verbatim record of the proceedings be made, which record shall include the
testimony and evidence upon which appeal is to be based.
AGENDA ITEM # 8A.1
DECEMBER 8, 2008
Minutes of Community Development Board
May l~, 2001
Page 3
In response to a question from Mr. 7acobson, Mr. Henderson stated that he would provide access to the
garage by pouring a winding driveway to the garage.
Mr. Wolfson moved to deny the variance application. Mr. Grunewald seconded the motion.
Mr. Wolfson advised Mr. Henderson that he knew what he was buying when he bought this property. In
addition, he said that there is a lot of impervious surface and granting this variance would add more
impervious surface, especially paving another drive to the east side of the lot.
Mr. Wolfson advised Mr. Henderson that he would have to come before the Board again if he builds a
structure within the setbacks because he has anon-conforming building. He further stated that any
building that has received a variance is considered anon-conforming building.
A vote was taken and the motion denying the variance request passed by unanimous approval.
~- c. Application for a Use by Exception filed by Brian D. Christy to operate a plumbing contractor
business in CG zoning at 1651 Mayport Road:
Mr. Brian Christy introduced himself and stated that he is currently under contract to purchase this
property and wanted to confirm that he could operate his plumbing business at this location. Mr. Christy
advised that the property is u1 disrepair and it will take him some time to clean it up.
Mr. Grunewald asked Mr. Clu-isty if he would be installing a privacy fence along lots 3 and 12 where the
property abuts homeowners. Mr. Christy responded that he would like to install a privacy fence.
Mrs. Walker expressed her concern with regard to whether or not any planned renovation of the existing
building would trigger the landscape code.
In response to a question from Mr. Frohwein, Mr. Christy stated that he would need to store pipes outside
of the building. Mr. Frohwein stated that in the Code for Use by Exception, a contractor is permissible
who does not require outside storage. Mr. Frohwein asked Mr. Christy if he could store the pipes inside
so he would be in compliance with this Use by Exception. Mr. Christy responded that he would have to
make alterations to the building to conform to City requirements. Mr. Frohwein stated that it is clear that
no outside storage is permitted. Mr.-Ford confirmed that this is correct.
Mr. Grunewald asked the status of the two trailers parked on the property. Mr. Ford advised that Mr.
Christy has decided to move them off the property.
1VIr. Wolfson advised Mr. Christy that limits would be placed on the Use by Exception to protect the
neighbors with regard to noise, lights and interference with their quality of life. With regard to the
privacy fence, .Mr. Wolfson stated that he did not want to see barbed wire on top of the fence.
Mr. Grunewald moved to approve the Use by Exception provided that a 6-foot privacy fence is
installed for the full length of the back of the property that you cannot see through. Mr. Frohwein
seconded the motion.
Mr. Wolfson advised that historically, the former Community Development Director would recommend
that lighting, noise and hours of operation be addressed in the motion. Mr. Frohwein also suggested to
grant the Use by Exception to this applicant and this location only.
AGENDA ITEM # 8A.1
DECEMBER 8, 2008
Muiutes of Community Development Board
May 15, 2001
Page 4
Mr. Grune~vald moved to withdraw the motion; Mr. Frohwein seconded the motion.
Mr. Grunewald moved to recommend to the City Commission the approval of the Use by Exception
subject to the following:
1) To grant the use by exception to this applicant only;
Z) that the applicant construct a 6-foot privacy fence so that the neighbors cannot see through
it;
3) that the hours of operation be limited to 7:00 a.m. to 7:00 p.m, with the exception of
extenuating circumstances that require minor work; and
4) that the lighting be deflected a`vay from the residents.
Mr. Frohwein seconded the motion, which motion passed by unanimous approval.
Mrs.. Walker reminded Mr. Christy that he is not allowed any outside storage.
d. Application for Variance from Section 24-163(2) fried by Craig Sutton to allow boat to be stored
in front yard setback area at 1746 Beach Avenue.
Mr. Paul Eakin introduced himself and stated that he was representing this application on behalf of Mr.
Craig Sutton. M:r. Eakin stated for the record that Mr. Sutton was in attendance.
Mr. Eakin distributed 13 photographs of the property to the Board. Mr. Eakin advised that on April 6,
Code Enforcement Officer Alex Sherrer cited Mr. Sutton for violation of Chapter 24, Section 24-163(2)
that states you can park your boat trailer behind the front yard building line. Mr. Eakin stated that Mr.
Sutton has been parking his boat for the past 11. years in the same position on the same property as it
appears in the photographs. He further stated that the front yard building line is 20 feet in from the lot
line or the legal boundary line.
Mr. Eakin advised that the special conditions and circumstances that exist that are peculiar to this land,
structure or building involved, which are not applicable to other land, structures or buildings in the same
district, in that this situation occurs on Beach Avenue and where it occurs on Beach Avenue. He advised
that the boat in question is situated on the south property line and there is a chain link fence along the
neighbor's property that prevents Mr. Sutton from moving the boat further back. Mr. Eakin stated that
when this boat is backed completely against the fence, it exceeds the setback requirements by
approximately 12 feet. He further stated that the property to the south of the building is 8 feet 6 inches
wide and the property to the north side of the building is 7 feet wide; therefore, neither side will
accommodate the boat which is 10 feet wide.
Mr. Eakin stated that Code Enforcement Officer Alex Sherrer advised him that there are through lots in
this district and if this boat and house were located on one of the through lots, Mr. Sutton would be
allowed to park his boat next to the street at the back of the lot. He further stated that the way the
ordinance reads, there is no rear yard setback that applies to the parking of boats.
Mr. Eakin stated that the photographs also demonstrate that due to the natural vegetation on the south
boundary• line of the property and that the street is one way, you do not see the boat until you are almost
past it. Mr. Eakin noted for the record that he is not aware that anyone in this neighborhood has shown up
tonight in opposition to grant this variance request.
Mr. Eakin summarized that the lot is odd shaped, it is located on Beach Avenue, it is a one-way street, it
has natural vegetation and there is no other place to park the boat. Mr. Eakin advised that to try to
AGENDA ITEM # 8A.1
DECEMBER 8, 2008
Minutes of Community Development Board
May 15, 2001
Page 4
Mr. Grune~tivald moved to withdraw the motion; Mr. Frohwein seconded the motion.
Mr. Grunewald moved to recommend to the City Commission the approval of the Use by Exception
subject to the following:
1) To grant the use by exception to this applicant only;
2) that the applicant construct a 6-foot privacy fence so that the neighbors cannot see through
i t;
3) that the hours of operation be limited to 7:00 a. m. to 7:00 p.m. with the exception of
extenuating circumstances that require minor work; and
4) that the lighting be deflected away from the residents.
Mr. Frohwein seconded the motion, which motion passed by unanimous approval.
Mrs.. Walker reminded Mr. Christy that he is not allowed any outside storage.
AGENDA ITEM # 8A.1
DECEMBER 8, 2008
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Section 24-46(d) permits the City Commission to authorize limited Waivers, on a J ~ -~;
case-by-case basis, from a specific provision(s) of these Land Development Reg- ,~ ~- -'
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J131
ulations when it is demonstrated that compliance with such provision(s) would
be unreasonable, in conflict with the public interest, or a practical impossibility. city of atlantic Beach
A Waiver from these Land Development Regulations may be approved only upon 800 Seminole Road
showing of good cause, and upon evidence that an alternative to a specific pro- Atlantic Beach, FL 32233
(P) 904.247.5826
vision(s) of this Chapter shall be provided, which conforms to the general intent
(F) 904.247.5845
and spirit of these Land Development Regulations. In considering any request vvww.coab.us
for a Waiver from these Land Development Regulations, the City Commission ~~~
may require conditions as appropriate to ensure that the intent of these Land
~ ~~
Development Regulations is enforced. A Waiver shall not modify any require- DATE
ment or term customarily considered as a Variance or any requirement or term FILE #
prohibited as a Variance, and shall be considered only in cases where alternative
administrative procedures are not set forth with the City Code of Ordinances. RECEIPT
APPLICANTS NAME w
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2. APPLICANTS ADDRESS ~ (0 ~ I ~ ~(~~p r ~ ~ p(,4 (~C.
3. PROPERTY LOCATION ~~~~ ~f.-~'~a Q~J an(~ ~(,~~~ I~oli,~..
4. PROPERTY APPRAISER'S REAL ESTATE NUMBER
5. CURRENTZONING CLASSIFICATION
6. FUTURE LAND USE DESIGNATION ~ I ~~ ~'I n G ~~ OD ~ {~ r?n ~' S \ (~ -~t,e~~i'O~.(t
7. LDR provision(s) from which waiver is sought:
i s h -}o ke,~ ~-,~ c ~a l n I'~ nk -~nc.~e.. Sim e. I u ~r,P s~ e. c,~~
8. SIZE OF PARCEL: Ran ~~ , ~M.r-----__
PARCEL FRONTAGE PARCEL DEPTH PARCEL AREA
9. UTILITY PROVIDER C f ,~ 0 ~ ~-~ (~/1 fi L ~4
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46(d) of
the Zoning and Subdivision and Land Development Regulations, and specifically describing how the request complies with the
Conditions necessary for the City Commission to approve this rec{uest. Please use second page if additional space is necessary.
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