12-01-92~:
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S1AFf RfFORT AAFPIIAm FOR
OECENSER 11, 1992.
GOER T£VIEY.
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92-i1B-IY
92-07N0f
TIII lall~D PAEPR11116 SFRFF
CITY OF
y~laatie $taels - ~ldaula
Tl60CRAN BOULEVARD
P.O. BOX9b
ATLANTIC BEACN. FLORIDA JPt9J
November 23. 1992
To: The Honorable Mayor and City Commissioners
Fr~on: -Carl Walker, Beautification Coordinator~l
Rt your regular meeting of October 26, you deferred to the
Recreation Rdvisory Board fer their recommendation, the pro-
posal to acquire two lots adjacent to "Singleton's Trailer
Park" far a small City park or playground.
This issue was discussed by the Recreation Board at their
meeting of November 12. R decision was deferred until the
Board's next meeting to allow the Board members to further
research the property and it's feasibility For use as a park
or playground area.
cpy: Rlan Jensen, City Rttorney
Kim Leinbach, City Manager
Rose Blanchartl, Parks 8 Recreation Director
ts.
CITY OF
J'~artie $cae% - ~losula
800 5EM1!:OLf aDAD
ATLA\TC BF 1CN. FL9RID1 J2i115M5
TFIFPFIO\E I9WI 2lSSl00
FAX 11A~1 ZA*5~
Decewber 7, 3992
M E M O R A N D U M
=- i
i
TO: Kin Leinbach, City Manager
FROM: Dan C. Ford, Building Oif iciel
RE: Building Perwits
Please be advised that the iolloring pernita rare issued in
the wonth of Novewber, 1992:
TYPE PERM I7' NUMBER OF PERNITS COST OF CONSTRUCTION
Ner Single Family 4 e 557,989
Nev Duplexes
Ner Tornhoueea
Additions/Rewodels 2 110,000
Cownerciel Additions 000
60
Rewodela 2 ,
Gsrege/Carports 1 7,8%
DCF/PAH
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After discussion, Mr. Malfaon moored to deny the variance. hr.
McGoran seconded the wotion and it passed by a vote of 9 - 3.
V. Application for Variance filed by Torneend and Virginia
Narkea to construct a garage apartment on a nonconforming lot
located at 1771 Beach Avenue.
Nr. and Mrs. Torneend Rarkes introduced thewaelves to the Board
artd explained that the variance vac requested to allay thew to
construct a garage apartment on a 50 x 50 lot on the •eet side of
Beach Avenue. Variances are needed for minimum lot size end rear
yard setback.
After discussion, Mr. Molfeon moved to deny the variance. Nr.
Prohrein seconded the motion and the variance yea denied by a
vote of 5 - 2.
VI. Application for Plet Review by Milliaw Morgan for property
located on the north corner of 19th Street.
Mr. rilliam Morgan introduced hiweelf to the Bonrd end explained
that De desired to replet the property into six separate lots for
the purpose of selling thee.
After discussion, Nr. Yolfson moved to recowwend the replotting
to the City Comsleaion end to encourage the proposed use of
single Easily Doses es yell ae one-ray traffic on the street.
Ms. Pillmore seconded the lotion and it roe unanimously passed.
There being no further 6ueineee to cove before the board on
lotion wade end seconded the seating ras sd~ourned.
SIGNED:
ATTEST
~.._
°. -
NEM BUSINESS:
I. Application for Variance filed by Margaret Cresson to enclose
an existing rood deck rhich rould encroeche the rear yard setback
requirements an property located at 1821 Tierra Verde Drive.
Na. Cresson introduced herself to the hoard and explained that
the variance ras requested to alloy construction of a screened
enclosure on an existing deck.
After discussion of vhether a hardship existed and the impact on
other properties, he. Gregg moved to approve the varlence es
requested. Mr. Horie seconded the notion. The notion failed by
a vote of 2 - 5.
II. Application for Variance tiled by The Church of the Living
God to construct an addition to the church rhich rill encroach
the setback requirements on property located at 390 Church Roed.
Mr. James Rivera introduced himself to the Board and explained
that the Church ras requesting a variance to add needed room for
the congregation.
After discussion, Ms. Pillmore moved to approve the variance.
Ns. Gregg seconded the motibn and it vea unanimously approved.
III. Application far Variance filed by Clyde end Elizabeth
Asbury to park s motor hone in the front setback of property
located at 545 Seespray Avenue.
Mr. end Nra. Asbury introduced themselves to the Board and
explained that the variance roe requested to permit them to
continue to park a motor home in violation of the front yard
setback due to health pra6lews.
The Chairman presented a letter from a neighbor expressing
approval of the variance requeai. Mr. Asbury stated that another
19 approvals rare submitted rich their application.
After discussion, Ms. Pillmore moved to approve the variance on a
tewporary basis until each time as Nr. Asbury could no longer
operate the rotor hove. Mr. Horie seconded the moil on. The
notion fall ed by a vote of 3 - 9.
IV, Application for Variance filed Dy Gudron Morrison to retain
a screened enclosure in violation of the rear yard setback on
property located et 903 Seaspray Avenue_
Ne. Lori Heeketh, a Sriend of the applicant, introduced herself
to the board and explained the reasons the variance roe
requested. Reasons included mosquito infestation end raccoons.
She explained that the structure had already been constructed.
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
Noveeber 17, 1992
7:00 P. M.
CITY HALL
PRESENT Gregg McCeulie
Sewuel Horie
Ruth Gregg
Don Wolfson
Rohert Frohrefn
Pat Plllwore
Mark McGoran
AND Alen Jensen, City Attorney
George Morley, II, CD Director
Pet Harris, Recording Secretary
ABSENT
Chairaan Gregg McCeulie, celled the westing to order and
asked for approval of the einutva trove the weetlnp of October 20,
1992. Upon notion duly wade and seconded said ainutes rare
approved:
OLD BUSINESS:
I. Application for Variance tiled by Dorothy and Stan Jones to
perk a wotor hove in the front yard setbsek of property located
at 2051 Sewinole Road.
Stan Jones introduced hiwself to the board and explained the
reasons the original Variance res requested. He requested an
extension of that original Variance until the certificate of
occupancy res issued for his nar hove currently under
construction.
After discussion Ms. Gregg wooed to spprove an extension of six
<6) soothe. Mr. Horie seconded the cation and it rae approved by
a vote of 9 - 1.
II. Application for Variance tiled by Jawen Barrington Derby to
construct a carport rhich rill encroach the side yard setback on
property located et 350 Ocesn Boulevard.
Mr. Derby introduced hiwaelf to the board and stated the reasons
e variance rse requested.
After discussion, Mr. Horie wooed to approve the variance rich
the condition that the structure be constructed rith non-
tlawwable wateriale. Me. Gregg seconded the motion end it passed
by a vote of 9 - 3.
4._.Y _. -
C`
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Submittal of Preliminary Plat by William Morgan
SUBMITTED BY: George Worley, City Planner
DATE: October 20, 7992
BACKGROUND:
Mr. Morgan owns Tract "A", North Atlantic Beach, Unit 1i3,
which comprises the entire block from Seminole Road to Beach
Avenue on the north side of 19th Street. This tract is zoned
RG-2, Multi-Family. Mr. Morgan desires to subdivide the Tract
into six lots, five to be 60' X 100' and one to be 100' X ?13'.
Attached hereto is the proposed Preliminary Plat of the tract.
The proposed use is to be Single-family residences fronting on,
and having vehicular access from, 19th Street.
Preliminary engineered utility drawings are to be submitted
to Lhe Public Works Department for review as part of this
submittal.
RECOMMENDATION:
Standard procedure per the Zoning Chapter is for the City
Commission to accept the submittal of the drawings and direct
them to the next Community Development Board Meeting for a
review and recommendation. The next scheduled meeting of Lhe
Community Development Board is November 17th.
The potential disruption of traffic flow and vehicular
conflicts resulting from the creation of driveway entrances
along the north side of 19th Street along with the existing
angled parking needs to be considered. various methods of
addressing this situation have been volunteered, all of which
reduce the total number of spaces.
ATTACHMENTS:
1) Preliminary Plat map
2) Utility Plan and Profile
3) Parking Modif icatlon propo ed byby Mor-.~n~'
REVIEWED 8Y CZTY MANAGER
AGENDA ITEM NO.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Final Plat approval for William Morgan
SUBMITTED BY: George Worley, City Planner
DATE: December 8, 1992
BACKGROUND:
Milliam Morgan, owner of the property on the north side of
19th Street desires to subdivide that property into six lots for
future residential development. Mr. Morgan has submitted a Dlat
drawing which was reviewed by the Community Development Board at
its last meeting. The Board unanimously voted to approve the
proposed plat and encouraged the building of Single-family homes
on the new lots.
RECOMMENDATION:
Staff recommends approval of the plat as attached.
ATTACHMENTS:
1) Original Staff report
2) Minutes of the Community Development Board
3) Reduced Plat drawing
REVIEWED BY CITY MANAGER
AGENDA ITEM NO. `~
x NOTE:
The Parking Stutly Committee has reviewed the parking
situation on 19th Street in conjunction with its review of the
parking all along Lhe beach area of Atlantic, Beach. Z have
been informed that a report and recommendations can be
expected soon. The approval of this Dlat will not in itself
result in a need to modify the existing parking. It will,
however, allow the sale of these lots for future development
which may necessitate modifications to the parking
arrangement.
`_ ,~
-.
[F:
PivOr~..
Nheft ie the applicant's interest in thi• varianoe7 ~",
To build a retirement garage apt. where we can 11Ye our T4~
years-on-our emalI-Fe EfF€mg~fL-MartatRrr---w,.-.. _~__
IN FILING THIS APPLICATION FOR VARIANCE, THE UNDERBIONEp ~U!
BECOMES A PART OF THE OFFICIAL RECORDS OF TN6 COMMUNITY ~ptYEL
AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED NgEIN
THE BEST OF NIS/HER KNONLEDGE.
K~_ . ~J-~.I~Yi~_~L~_ ~j
Sige. of applicant/appllcant•o -- i~/.~
authorized agent or attorney. It Sipn urs oZ orner OZ
agent or attorney, include letter ApplioelSen wnnot.i.glw
iron applicant to the! effect. rithout orMre sipss``t''W
_-_-_......_______-_. ~ ~~`:jY
Applicants Do no! till-Sn beyond thin polo!. Ner
respond to the tollorinp itaae~
I. Special eonditione and~eireusetanoes ekiet rhiah are
peeulisr to the land, structure, or building Snrolred ..~,~"~
and rhieh ere not applicable to other lands, etruolures
or buildings in the came zoning district. -~
2. the epeoiel eondition• sod cireuestanca do not ~~
result troy the actions of the applicant. '~
3. 6renting th• variance requested rill not confer on ,I ~.
the ^ppliesnt any special prlvilepe that is denied by .i :;
the code to other lends, buildings or etruoluree in the
ease zoning diolrict. ., ..
t. Literal interpretation of the provisions of tM soda ~~f,'
could deprive the applicsnt of rights eoaaonly enjoyed
by other properties in the ease zoning dietriat and
could cork unneeeeeery and undue hardship on the
^ppliaant. .•-
(i f.
3. The variance i• the miniaue variance that rill asks ~~~~~~
possible the reasonably use of the land, building or
structure. :__
6. The variance !s in harmony rith the _~~~
and purpose of the code. general intent ~~.~; ,..
~r;;° '
" ~C:.w.
7. The variance rill not constitute any change in the 1~r,;
dietriete shorn on tM zoning sap,
::~ ,--.
8. The variance rill not impair an adequate supply o!
light ^nd air to ediecent properly. '! 01
9. The variance rill not materially Sne»ase th• ~fl~
eongeetion in public streets or Sncrwee the t X~
danger of Sire and oatety, public .'~..~
i
~~#
f0. The vnrlance rill not moterlelly diminish or Smpalr
este bllehed property valuers rithin the surrounding area,
t -~~
tl. The variance rill no! impair the health, safety, ~~
morals and general rslfare. ~'- ~'""'
COMMUNITY DEVELOPMENT BOARD REPORT AND ACTIONS
f
~~:." _
;.1 ,. ,PLEASE TYPE OR PAINT IN INK
APPLICATION FEE 350.00
i
APPLICATION FOR VARIANCE - -
..p__ t) f.:.i,~;'' 1. i
l ..
• gAnnLmi_NoV3. 199 ~~_, ,
~~_ :i;
y' ' , ,, ~ : + :; 1992 =~
. TO REQUEST A VARIANCE FROM THE AECULA7ION5 INDICATED HEREIN, B!•;CAUSE T1)ERE '
ARE PRACTICAL DIFFICUL?I!S OR UNNECESSARY HARDSHIPS IN CAR®(lNCIA{ji t^l [J'ila%
STRICT L617ER O- TH6 CODE OR ORDINANCE THE UNDERSIGNED HEREBY APPLIES FOR
..:. A VARIANCE AS FOLLOVSt
»o .
v rra
~~'. '.^, Her amd addHas of applicsnt requesting verlanee: Note: I[ the applitanc
' is othK tMe all tM ori:ers of the property, rrieten consent signed Dy all
.,,i the oreers e[ the proAperty shall be attached:
` ~OVJ A/.S ENn Q Nd(ail~CeS PHONE
A,~j
L~i. .a..i Y~ ES Norki .~~ '~- n[7//
}rr
.Ei r•' .
}~~ a:~..l Yariamea is sough[ from the provielons of the:
f!.'
'!C' ~ (x) 2oming Code ( ) Building Code ( ) Plumbing Code
§~ ~,..•( ) Electrical Code ( ) Mechanical Coda ( ) Ocher
H
.~'f''i.~ii 3.
tCe~aQlom of bmildimg or structure:
the
- ",,,.,a: ce. W'L£sf eiae of_ 8Fd c H Avr ARn~r 171 ac-'-'t~(Ve
na eorr
~`~ ,;,~ ~ (We think 1792 would be in rthe rear of 17y1 Eeach Ave.)
vv„
',y Streai addroa and legal description of property: Note: Attach copy of
'~~~,'.o~.. dmed,_amd ausvaY or plot dfagro indieaefn
.~ g proposed conseruetion.
°.~aPr~ _ Legali Pt Iot Recd O/R Bk 3098-y21
'• ~ ~ (Re sr of 1~~1 Beach Ave.)
atrt
t E,. zoming CLaauieatlos /L (~ -~
`.. _
- Saetioe e[ Ceda froa vhleh varLnu is sought:
"w ~aaeriba grfarua to noted: To build a retirement
. Y garage apt. where we
)A. can live our remaining years on our small retirement pension.
lie have been taxed out of our big oceanfront home.
!*4 ..,
i
.. •i
.
Tea reason variance Se being sought:
~_ `)"'t "' To build a retirement arage apt. where we
ay can live our remaining years on our small retirement pension.
r. .
-:o•:.-~ Me have been taxed out of our big oceanfront home.
e
Sbpporeiag data vhieh-should be considered by the Board:
N 1.1
Are conacruction plena subml [tad vi[h chin apps ice[lon? Yes
§ 24-82 ATLANTIC BEACH CODE
considere the a:terml configtustion end appearance (i e, roof, outer wall materiak, window
size and design, end other like charec4rietio) d structures. In steord with the foregoing,
similar w duplicate homes shall not be mneWtled within close prozimiq d each other, end
shall be st kent five hundred (500) feet sport J any one similar dwelling ie risible from any
other similar dweBiltg.
(h) Temporary nsidence No trailer, basement, tent, shack, garage, romper, bus w other
accessory building w vehicle in any district shell be used ee s residence, temporarily or
permanently, nor ehnll any such residence d temporary character be permitted.
(i) Minimum lot courragc
(1) One (1) story:-One thoueaad (1,000) equarc feet enclosed heated living arcs.
(2) Two (2) etory:~)z bundred fifty (850) square feet enclosed coverage on the ground
flow end not lees then a total d one thousand (1,000) square feet enclosed heated
area-
(3) Tvofamily raridearc (dupkz).-Each living unit shall boos nine hundred (900) square
feet d eaclaaed living area.
(4) Apartment type:
s. ElCicienty with bedroom Brea combined with other living areas, four hundred
eighty (480) square feet rtet era.
b. Oae (1) bedroom with individual bedroom arcs pettoanently partitioned from
other living areas, five buadrcd seventy-floe (575) square feet stet ern.
c. 7bo (2) bedrooms with each individual be~aom arcs permanently partitioned
from the living arses, seven hundred (780) square feet net area.
d- Thrcc (3) bedrooms with earl individual bedroom area permamntly partitioned
from other living area, eight hundred forty (610) square feet net area.
e. Four (4) bedrooms with each individual bedroom are• permanently partitioned
fmm other living areas, nine httad<ed ninety (990) square feet net era.
f. Orer fonr (1) bedrooms, add one hundred filly (160) aquere feet per additional
roam.
(Ord. No. 90$2-74, § 2(III, E, 21, 7-2682; Ord. No. 9P90.153, § 1, 8-2890)
Bee. f4Ag. 8ubataadard IoN of euewrd
R7tere s lot or panel of land hoe an errs or (mntage which does not mnform with the
requrements of the district in which it is located, but was a lot of remrd on July 26, 1982, the
Iot or pawl of Iand may be used for one single-family dwelling in any residential district,
provided the minimum yard requirements for that residential district are maintained, and
provided that the owner of said lot has obtained relief through action of the community
development board and the city commission.
ford. No. 90-82-74, § 2(111, E, 3), 7-26-82; Ord. No. 90-90-15, § 2, 6~2:r~901
Sapp. No. 11
'S
e
5'
.~,.
1432
S
32' "
2ONINC AND SUBDMSION REGU WTIONS § 24-E2
I 6) (51 In case the exact location of a boundary cannot be determined 6y the foregoing
'.. methods, the board of adjustment shall, upon application, determine the location of
the boundary.
or (Ord. No. 90-82-74, 4 2(Ifl, E, 11, 7-25 821
ia-
Sec. 2482. General restrictions upon land, buildings and structures.
ng la1 Use No building or structure shall be erected, and no existing building shall be
w' moved, altered, added to or enlarged, nor shall any land, building, structure or premises be
on used designed or intended to be used for any purpose or in any manner other than a use
designated in this article, as allowed in the district in which such land, building, structure or
.~ premises are located.
ion ~ N) yeight. No structures or building shall be erected, or shall any existing building be
moved, remnditioned or structurally altered so as to exrced the height Bmit spetiLed in this
article for the district in which such building or structure tr lorated. However on substandard
By way of example, if in a five thousand 15,000) square fod minimum lot area inning district
a building or structure is proposed on a substandard lot of two thousand five hundred (2,500)
square feet, the percentage of fifty (50I percent would be appBed to the thirty-five-foot height
resi.ridions, resulting in a net allowable buBding height of seventeen and one-half (17.5) feet.
1'he same restrictions end percentage calculation shell also apply to mobile homes, secondary
awn
dwellings, and amrssory buildings, provided they are to be lorated on a substandard lot of
record.
tely
~& (cl Perttn(age of lot attupaney. No building or structure shall be erected, nor shall any
and existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space
surrounding any building or struRUre be encroached upon or reduced in any manner, except
in conformity with the building Bite requirements and the area end parking space and yard
>efa, regulations established by this article for the district in which such building or structure is
.ittea looted.
d at
the (d) Density o(popaletion No building, structure or Premixes shall he erected or oavpied
or used eo m w provide a greater demity d population than is allowed under the terms d this
t.
article (or the district in which such building, structure or premises ere lamted.
6ieh
arge (e) Open span uu limitation No yard.u other open space provided about any building or
atire structure (or the purpose d complying with the regulatioos d (hie article s}ull be ceasidered
as providing a yard or open spare for anY other building or structure.
Lions ID Required tot and oaupattey. Every building a etrurture hereafter erected shell be
or located oo a la or treat u defimd herein; and in oo ease shall there be avers then one (1)
buiding o0 oae (])lot, a:xpt es provided in this article.
j (gl Otgrlicates or estermlly rimilor dtoel(inga Goo.truction d nearby single-family end
duplex dwellings which arc duplicatd a ezteroally similar shall be avoided. Such similarity
{ Hopp. No. tt 1431
f
4 ~,yg ATLANTIC BEACN CODE
apetifying the grounds thereof. The appeal shall be in the form prescribed by the
rules of the board. The administrative official shall, upon notification of the filing of
the appeal, transmit [o the community development board, all the documents, plans,
papers or other materials constituting the record upon which the action appealed
from was taken.
e. Stay of urork. An appeal to the community development board stays all work on
the Dremiaes and all proceedings in furtherance of the action appealed from,
unless the administrative official shall certify to the community development
board that, by reason of (acts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings or work shall not be
stayed except by a restraining order, which may be granted by the community
development board after application to the officer from whom the appeal is taken
and on due cause shown.
b. Hearings o(appeafa The community development board shall fiz a reasonable
time (or the hearing d the appeal, give public notice thereof, as wall as due
notice to the parties in interest, and decide the same within a reasonable time.
Upon the hearing, any party may appear in person, by agent or by attorney.
(8) Appeals of decisions o(the mmmunily deuefopmeni board Any person or persons.
jointly or severally. aggrieved by any decision of Che community development board
or any taxpayer, or any officer, department. board ar bureau of the city commission,
may present W the city wmmission a petition, duly veriRed, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of the illegality. The
petition shall be presented to the commission within thirty (30) days aRer the filing
d the decision in the office o(the board.
(4) in a:ercisiog the powers granted by this section, the community development board,
by Ne concurring vote d Ne majority of members, rosy reverx or affirm, wholly or
partly, or modify Ne order, requirement, decision or determination appealed from.
and may make sash order, requirement, decision or determination es should be
made, and b Net erd shall have all Ne powtr d the official from whom the appeal is
taken. Rulings and decisions d Ne community development board shall become
effective ten (10) days after the date of such ruling m decision.
(Ord No. 90.8274, 4 2(III, B, 4), 7~26b2; Ord. No. 90$7.117, 4 1, 39-87)
gad. t~da-2410. Beaenad. .
DIVLSION 3. APPLICATION pROCEDURI+B
Bee. f4•gl. Amendment. repeal.
W The rity communion nnY from time m tine amend, supplement, change or repea i :he
mniog negulatumte, rastrietioru a district boundaries n eK out in Nis chapter.
(b) proposed changes std emendtoenu may be suggested by the dty communion, the
planning agettcl. ^ property oa.ner for hie own land or hY petition d Ne owners d fiftyone
Svw. No. s
1421
"LONING AND SUBDIVISION REGULATIONS 4 2449
lions of this chapter will result in unnecessary hardship. In order to authorize
ne any variance from the terms of this chapteq the community development board
must find that:
et- -~ I. Special cottditiom and cireumatattcea ezist which are peculiar to the lend,
(71 structure or building involved and which ere not applicable to other lends,
', 's; etrudurea or buildings in the came district;
d 2. The special conditions and circumstances do not result from the utiom of
the applicant;
to 3. Granting the variance requested will not udder on the applicant any epeeiel
d Drivilege that ie denied 6y this chapter to other Ianda, buildings or strut
force in the acme lining district;
4. Literal interpretation of the provisions of this chapter would deprive the
applicant d rights commonly enjoyed 6y other properties in the same caning
~ district under the terms of this chapter and would work unnecessary and
undue hardship on the applicant;
5. The variance granted is the minimum variance that will make possible the
d~ reasonable use of the land, building or structure;
6. The granting of the variance will be in harmony with the general intent and
d- purpose of this chapter and the variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
,n c. In granting any variance, the community development board may prescribe
car appropriate conditions and safeguards in conformity with this division and any
ordinance enacted under its authority. Violation d the mnditioris and safeguards,
when made a part of the terms under which the variance is granted, shall be
al• deemed a violation o(this chapter.
d' d. Under no circumstances, except as permitted above, shall the community devel~
br opment board grant a variance to permit a use not generally permitted or
eh permitted by a:ception in the zoning district involved or any use expressly or by
implication prohibited by the terms of this chapter in the zoning district. No
noncodorming use of neighboring lends, structures or buildings in the come
zoning district end no permitted use of lands, structures or buildings in other
zoning districts shall be considered grounds for the authorzation d a variance.
Rte e. In exercising its powers, the community development board may, upon appeal
tgs, and in conformity with the provisions of this division, reverx or affirm, wholly
tall or pertly, or may modify the order, requirement, decision or determination being
appealed, and to that end shall have the powers to direct the issuance d the
necessary permit.
~ (21 Appett4 o(adminisfra[iue anions. Appeals to the community development board may
in be taken by any person aggrieved ar by any officer, board or department d the city
nlfecled by any decision of the administrative official under this article. Such appeal
for shall be taken within thirty (301 days after rendition of the order, requirement,
i1K dectaion or determination appealed from by filing with the officer from whom the
rvi ~ appeal is taken end with the cemmunity development board a notice d appeal
Sapp. No. s
1423
g 2gg7 ATLANTIC BEACH CODE
f9) To poet signs on property undergoing zoning proceedings and promptly remove these
signs after the zoning prates is completed;
(10) To mail notices of zoning requests to be considered at the regularly scheduled meet-
ings of the community development board to respective members at least seven (71
days prior to the meeting date to allow members ample time to review the requests;
(11) To hire such persons as necessary to assist in the fulfillment of the requirements of
the once end delegate to these employees the duties and responsibilities assigned to
the administrative oRcial as may be necessary to carry out properly, the functioru oC
the once.
(Ord. No. 90-8274, 4 2(111, B, 21. 7-2682; Ord. No. 9087-1 l7, g 1. 3~9-871
Sec. 3448. Plaarting agency.
The community development board, as established by the city commission, shall serve as
the planning agency and shall have the following duties and responsibilities'
(11 To review those matters referted to the planning agency and hold regululy sehed~
uled meetings for the purpose of reviewing cueh documents;
12) To review site plans for all proposed subdivision development redevelopment, includ-
ing planned unit developmenLS, in the city:
131 To lrarumit to the proper governmental bodies, agencies or departments the written
recommendation of the planning agenty. where the rerommendationc ere tolled for
by this chapter;
(4) To provide (or internal procedures, with the assistance o(the administrative oRcial,
required to carry out the intent of this article. Such procedures shell include desd~
lines fm filing applications prior m regularly scheduled meetings to sllow time for
adequate review and the preparation o(a written report sod recommendation of tech
application.
(Ord. No. 90~82~T4, 421111. B, 3), 72682: Ord. No. 9087117, 6 1, 3-9871
Set. 24-08. Community development board.
The community development board shall be appointed by the city commission. The
orgeniration and procedures under which this board operates, its arrangement of meetings.
adoption of rules and its method of handling appeals, variances or other related matters shall
be in conformity with the provisions of Chapter 14 of this Ordinance Code.
(1) Power and duties. The community development board may:
a. Hear and decide appeals where it is alleged there is an ertor in any order.
requirement, decision or determination made 6y the adminietrecive oRrial in
the enforcement of this chapter.
b. Authorize, upon appeal in specific cases, and upon findings of fart, such minor
variances from the terms of this chapter as will not be contrary to the public
interes! where, owing to special conditions, a literal enforcement of the provi-
$upD. No. 5
1422
a
E
s
After discussion, Mr. Molfson saved to deny the variance. Mr.
McGoran seconded the Botion and it passed by a vote of 9 - 3.
V. Application for Variance filed 6y Tarnsend and Virginia
Narkee to construct a garage apartment on a non-conforsing lot
located at 1773 Beeeh Avenue.
Mr. and hrs. Tornsend Harker introduced thesselvea to the Board
end explained that the variance roe requested to alloy thes to
construct a garage apartsent on a 50 x 50 lot on the vest aide of
Beach Avenue. Variances ere needed for sinisuB lot size end rear
yard setback.
After discussion, Nr. Molfson sowed to deny the variance. hr.
Prohrein seconded the notion and the variance yes denied 6y e
vote of 5 - 2.
VI. Application for Plat Revi.er by Millis Morgan for property
located on the north corner of 19th Street.
Mr. Nillias Morgan introduced hisself to the Bosrd and explained
that he desired to replat the property into six separate late for
the purpose of selling thee.
After diacusalon, hr. Molfson roved to recossend the replotting
to the City Cassiselon and to encourage the proposed use of
single fesily hoses ss yell as one-ray traffic on the street.
Ma. Pillsore seconded the aotidn and it ras uneniBOUSly passed.
There being no further 6ueinees to core before the board on
sotion Bede end seconded the Besting ras adjourned.
SIGNED:______________________________
:x,4
~.
NEM BUSINESS:
I. Application for Variance Siled by Nargaret Cresson to enclose
an existing rood deck rhich rould eneroeche the rear yard setback
requirements on property located at 1821 Tierra Verde Drive.
Ms. Cresson introduced hereeli to the board and explained that
the variance ras requested to alloy construction of a screened
enclosure on an existing deck.
After discussion of rhether a hardship existed end the impact on
ether properties, he. Gregg moved to approve the variance ee
requested. Mr. Horie seconded the motion. The motion failed 6y
a vote of 2 - 5.
II. Application for Variance filed by The Church of the Living
God to construct an addition to the church rhich rill encromch
the setback requirements on property located at 390 Church Roed.
Mr. James Rivera introduced Aimseli to the Board and explained
that the Church ras requesting a variance to add needed room for
the congregation.
After diecuasion, Ms. Pillmore moved to approve the variance.
Ms. Gregg seconded the motibn end it ras unanimously approved.
III. Application for Variance filed by Clyde and Elizabeth
Asbury to park a motor home in the front setback of property
located at 545 Seaspray Avenue.
Mr. mod Mre. Asbury introduced thesselvee to the Board and
explained that the variance ras requested to permit them to
continue to park a motor home in violation of the front yard
setback due to health problems.
The Chairwan presented a letter from a neighbor expressing
approval of the variance request. Mr. Asbury stated that another
19 approvals rare submitted •ith their application.
After diecuasion, he. Pillmore moved to approve ±he variance on e
temporary basis until auto time as hr. Asbury could no longer
operate the motor home. Mr. Horie seconded the lotion. The
wotion tailed by a vote of 3 - 4.
IV. Application for Variance tiled by Gudron Morrison to retain
a screened enclosure in violation of the rear yard setback on
property 'located et 4G3 Seaspray Avenue.
Ms. Lori Nesketh, a friend of the applicant, introduced herself
to tAe board and explained the reasons the variance ras
requested. Reasons included mosquito infestation end raccoons.
She explained tAat the structure had already been constructed.
t
r
~:
d
~`
s
MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
Novewber 17, 1992
7:00 P. M.
CITY HALL
PRESENT Gregg NcCeulie
Samuel Hovie
Ruth Gregg
Don Molfaon
Robert Frohrein
Pat Pillwore
Mark McGoran
AND Alen Jensen, City Attorney
George Morley, II, CD Director
Pet Harrle, Reoording Secretary
ABSENT
Chairaan Gregg NcCeulie, called the we¢ting to order and
asked for apptovwl of the winutee crow the westing of October 20,
1992. Upon stion duly wade and seconded acid sinutee rare
approved.
OLD BUSINESS:
I. Application for Variance filed by Dorothy •nd Stan Jones to
park a sotor hove in the front yard setback of property located
wt 2051 Sewinole Roed.
Stan ]Dose introduced hiwwelf to the board and explained the
reasons the original Variance roe requested. Hs requested an
extension of that original Vwrience until the eertlflcate of
occupancy roe issued for hie ner hose currently under
conatruetion.
After discussion Ne. Gregg wooed to approve an extenalon of Bix
l6) soothe. Nr. Horie seconded the motion and it roe approved by
a vote of ~ - 1.
II. Application for Variance i11ed 6y Jawea Barrington Darby to
construct a carport rhich rill encroach the Bide yard setback on
property located et 350 Ocesn Boulevard.
Mr. Derby introduced hisevlf to the board end stated the reasons
a variance rse requested.
Alter discussion, Mr. ilorie wooed to approve the variance rith
the condition that the etruceecondeG thewotioneandrlthpesaed
Slawwable weteriale. Me. Gregg
by a vote of ~ - 3.
t
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o -PROPOSED 2.5TORY I
pRAME STRUCTURE
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If you deei re nny further information or clsrificaLion, or _
assistance with an application 'for Variance, please'do not
hesitate to contact the 8ui iding end Zoning Department at City
Hall or by telephone at 247-5826.
Sincerely, ,~. ' ~ .. .
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ee: Mayor and Commi seionere ~ ~~ ~ "
Kim Leinbach. City Manager
Alan Jensen, City Attorney _
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CITY OF
rQtla+rtc"e easels - ~loscila ~. ; ;.:
fir'-
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August 19, 1992
Mr. Townsend Hawkea ~ '
500 North Third Street
Jacksonville, FL 32250
gc~C.L,OP(c~c NEL~a(1
~~~ ~ -.
N~~ ~'~~
R~r~a+~ la `( l,-03
~OcAOV ~
- ~occoarats ao.o
wnwxnC au®, etasayavysw
tF7~11gtQ ~ ]fI~
B1i e~07olr __
re: PL Lot Recd O/R 8ook 3090-721.
60 x 50 lot-west oP 1771 Beach Aw.
Dear Mr. Hawkes, ~ ~ -
.~''-,
We are in receipt of your letter dated August 1, 1882,'
regarding the above referenced lot. Research into the hfetory
of the subject lot reveals several points which effect your
claim and which present courses of action other than a Posat6ly
protracted and costly lawsuit ati£empting to prove a 'Taking'.
'' Regarding the Zoning and permitted uses of - '
lot, you should be aware that the applicablarzonnp taop8~j~
This elaseifieation requires a minimum lot size of b0 z 1QQ,
with setback requirements of 20 feet in front and roar, and a
minimum of 5 feet, total of 15 fpet for Lhe two citlae. The
City of Atlantic Beath has provisions in its Zoning Coda that
allow property owners to aDp1Y for dimensional `Vartancas' if a
hardship exists which preciutleP Lhem from complying with coda
requirements.
e -'.
:'
~',.
The lots on the west side of BegCh Avenue between 17th StrNt'^
and 10th Street were originally platted for Lhe expressed .-.
Durpose of providing additional perking for the lots on. the :~
east side of 0each Avenue. This unusual procedure was Cone
many years prior to annexation of the area by Atlantic Beaeh.
Since that original platting, there have been seven atructjures
built on these lots. Of the seven, four combined yhese Iota
with larger lots to Lhe west, Lwo applied for antl reutvsd
variances of one kind or another, end one pre-dates the
annexation and no records are available on it. -
Given Lhe above• conditions and history, we recommend that you
make application to the Community Development Board .requesting
a Variance to the minimum lgt,size and •setback requirements for
the purpose of constructing a private garage on the iot.
Applications are, available from Lhe Building and Zoning
Department at City Hall.
I~
I
.® ~ - , .
fOWNSEND C. Hnw T. E:
••^~J^~ BEACH REAL ESTATE INSURANCE
500 No,ih Thbd Slree! ~ F.O. Bo, 5130]
Jedsomlile Beech. Florlde 32250
i elephona X904) 2499011
Nov. 2, 1992
Atlantic Beach Community Development Board
800 Seminole Road
Atlantic Beach, FL 32233
Attn, hir. George k+o rley, City Planner
Y•.%.t /b L.rM
Siw IfH
Gentlemen) Re; Pt Lot Recd 0(R Bk 9098-721
Rear of 1771 preach Ave.
Recently I asked a mortgage broker, one Robert Tipton of Florida .
}come Equity filortgage Brokers, for a small loan on the above lot in
the rear of my residence at 1771 Beach Ave., and after an inveeti-
Pation at your City Hall, he discovered that the zoning had bean
changed on this lot so it can be used only as a flower Ded or
poss>.b ly for parking cars.
When I purchased the property early in 1970 I understood that this
lot was zoned Yor a garage for the front house should we decide
that we needed more garage space. which we do.
The same principle that the oceanfront owners are going to sue in
Federal Court against the State of Florida for partly "taking' their
homes through defacto condemnation applies here and, of course, the
supreme Court of South Carolina in a similar suit ruled that rhea
the State or City rezones a property so it cannot be used Yor the
purpose for which it was originally bought, this, indeed, is a
"taking" and moat be paid exactly as a condemnation taking.
I fix m loss at $$0,000 through the action of the City in changing
the zoning and this is the settlement I would expect fmm the CIty
for rendering my lot unbuildable. Of course, you realize that thxze
new garage apartments have been constructed within the last two
years adjoining, or almost adjoining, my property on similar sued
lots.
TH/vh
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•Fn ce REAaG[i A .
r. V:rM [~L 6rieG SitnCE D[ JACCOVViLL%. t[<".. '.
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truly yours, S
TOWNSE~HG~E. ~h~y~/VIIV.
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A number of garage apartments have been built in our area and have
been passed Dy the City of Atlantic Beach and these have been on
So'x50' lots except that the ploy was used that they had aide yards
although the buildings themselves had yards only 50• deep such as we
have.
In conclusion, we do request the City of Atlantic Beach to live up
to its promise to the City of Jacksonville and to the older residents
who purchased homes and lots while under the jurisdiction of the
City o£ Jacksonville and permit us the free use of our land for the
purpose for which we originally purchased it.' To deny us the right
of private ownership is contrary to the Izws of the United ^tates
and to change the zoning, so that we could not use the property for
our original purpose calls for the City o£ Atlantic Beach to compensate
us for our monetary loss according to a recent decision by the Supreme
Court concerning ^outh Carolina oceanfront in an exactly similar case.
Thank you for your attention to this matter and enclosed are copies
of the plans for the home we wish to cons truct, and as to height, it
is substantially less than the defac to hei ghte of neighboring garage
apartments and duplexes both to the north and south of the lot in
question in actual measurement irom~the pavement and some of these
lots were built up 4• to 5' higher than the street level to maintain
a greater height above sea level. Also our proposed structure will
meet all the setback requirements and will not in any way hinder the
access of emergency vehicles to Beach Ave.
Incidentally, for your Snfoxmation, according to Mr. Bob Cook, past
member of the Atlantic Beach City Commission, and former Mayor Billy
Howell, the original name of Beach Avenue was ••Garage Approach Road^
and as stated above, most Atlantic Beach garages had living quarters
above.
T}(/vh
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Very ttu ly yours,
TDWNSEND HAWKES
®. ~ 1 R . J
TOWNSEND D. NAWKL'
/""•"' BEACH RFAL E57ATE INSURANCE L..+a rb pr.rbn
500 North Thhd Sheet . P.O. Bo. ii30) L"' u,.
Jeckzonvdle Beech. Floride 32[iC
Telephone ~90+J 219901 I
Dec. 2, 1992
61r. Kim Linebach
City S?anager
800 Seminole Road
Atlantic Beach, ?L 32233
Deer Mr. LinebachF
Regarding the matter that we wish to bring before the Atlantic Beach
City Commission on Nbnday, December 14, 1992. this pertains to our
desire to build a garage apartment to serve as our retirement home on
our 50'x$0• lot immediately west of our original home at l~yl Beach Ave.
which we are forced to sell because of financial reverses. The rationale
that we use in claiming that we have a legal aTd moral right to build on
said lot is that when we originally purchased the lot in the latter part
of 1969. this was a part of the City of Jacksonville and the City of
Jacksonville did permit garage apartments to be built on these small
lots lying westerly of the large oceanfront houses for the purpose of
garages and servants' quarters and, of course, later these servanta•
quarters became guest houses all up and down. not only this Seminole
Heach area, but the entire Atlantic Beach area all the way down to the
Sea Turtle. }ii etorically, these were built either on the westerly por-
tion of the oceanfront lot or immediately across Beach Ave, and, of
course, maT~y of them were built on $0'x$0' lots.
It is my understanding that when the City of Atlantic Beach agreed to
take this North Atlantic Beach oceanfrontage and make it part of Atlantic
Beach, one of the a~eements to this transfer of property was that
Atlantic Beach would honor the commi 4Dents made to the residents of
North Atlantic Beach, such as ourselves, and one of the important
commitments, to us, was that this 50•x50' lot could be used to erect
a garage apartment with living quarters, but now the City of Atlantic
Beach denies our right to build such a structure,
Our neighbor, Judge Nottingham, has offered to either attend the Dec. 14
meeting or to give us his affidavit attesting to the £act that he did
go to the City Hall of Jacksonville about the time o£ Hurricane Dora
(1964) and was assured that he could build a garage apartment with living
quarters on his 50'x50' lot which adjoins ours immediately south of our
lot in question. Indeed, Mr. Nottingham informed me that he also would
pxvbably be interested in building a garage apartment for himself and
disposing of his oceanfront house due to the increased taxes on the big
oce5panfront houses whichPia over $6,000 a year in our case and about
actuallyybei npntaxe dnouPhofrourchomes,In brief, we older people are
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JnC[SOrvvp tf FFACN lFAL1015 ASfOC1AliOn
WLSVLF IISiING SEt nCE Os JACeYJM10.f I4Ce L: Tnin An )ruJru
il9b'Jn tU~lOiS ASSObnbOrv JnC.50rv rlllF FEACN Ff FFALIORi A1550CWiOrv
N Ai~O..R ni10CL5u ON OE IfALl015 /.n Ir.M,u
itOl~en n5'.OCiniiON OF NOOGAGE „O.E r. JnC bOrrviuf ,fACNEi INSUI O,f nSSfOCInpC ~'
NATIONAL ASSOCIAi!ON Of REALTORS'
Ikttmber 2, 1991
Page 2
Court of South Carolina held that property owners who were denied permission to build on
their oceanfront property by the South Cazolina Beachfront Preservation law need not be
compensated because the taw is intended to prevent erosion and o[her injury to the ocean-
dune system and beach area. The Supreme Court will review this decision and the question
of whether compensation must be paid in such a case to the property owner even though
the ordinance at issue was adopted to serve the public purpose objec[ive of preventing injury
to the beachfront.
The utxs case will be briefed and argued early in 1992, and decided in late spring
or early fall. I am sure the general news media as well as the various NAR publications will
carry items about the decision when it is rendered.
We appreciate yotu interest in these important issues.
Sin / / ~Q
~ t^'r Ua~
p6 W. Holmen
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REALTOR
NATIONAL ASSOCIATION
OF REALTORS®
a~~~a~
X70 N. dluipal Aaxs
pyr~pp, Wpi560r11-~
also a a. s..~r ca.a.l
° The~oicefor~a/ESbte'Y ~""""~'29°9°
Fa 3L^ 329ffi76
TO CALL WRITER DIRECT:
312 329-8375
December 2, 1991
Mr. Townsend Hawker
President
Townsend Hawker & Company, REALTORSaP
500 North Third S[reet
P.O. Boz 51307
Jacksonville Beach, Florida 32250
Dear Mr. Hawker:
' Lauretu Janilt has asked me to respond m your letter of October 26, 1991. I can
advix you that the National Assottia[ion haz indeed been active in supporting the efforts of
private property owners in resisting unconsti[utional appropriation of their rights .by
government en[ities. NAR actively supported and lobbied for the Private Property Act of
1991, and haz participated az ~cu curiae or contributed money in a number of taus
imoWing such issues, iaduding First English Lutheran Church v Lr+s Aneeles (twist),
Presault v. ICC. Pennell v. San Jose. and, most recently, Loveladies Harbor. Ine. v. Unfired
States and s'ulberrv Hill D~+elopment . v. United Stales. The latter two cases imrolve
wetlands preservation undtr Sectioa 404 of the Clean Water Act, which at the present time
is one-of the most prominent and activey debated areas of property use regulation.
Unfortunately, I am not familiar with the New Jersey decision which you desrn'be in
your letter. Although there is rto doubt that a government is liable to pay compensatory
damages to a property owner fora "regulatory taking" of proper ty, the extent and nature of
regulation which constitutes a "taking" is not w.:ll-defined. Under Federal constitutional law,
a rezoning of property to a less intensive uu is not generally a taking unless the owner has
alreadly clearly established reasonable "investment-backed expectations" of using the
property in a particular fashion
You will Jx: pleased to know, if you are not already aware, that the United States
Supreme Court has recently accep[ed for review a case based on facts much Gke thou
briefly aet forth in your letter. !n Lucas v. South Carolina Coastal Commission. the Supreme
If/~gly", t,I W,OYy s.Y1 qY,Y I/Y
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OEAd1 EEAI ESTATE INSUgANCE
500 North Third StlNE - P.O- eo. 51707
Je[k,anril4 aaerh. Fhride 32250
Tskphone ~90{~ 219.90E 1
Dec. 24, 1991
The Honorable William T. Gulliford ((try;.-'.•.!_ISC ,!,%~
Etflyor, City of Atlantic Beach
800 Seminole Road L(21~ FJ- i'r .:'
Atlantic Beach, FL 32233
Dear Rtayor Gullifordf
LrvYI ,4 IrrYl
fNrc InI
.::: ~
Regarding the Property Rights preservation Association battle
vs DNR Coastal Construction Control Line, here is a letter that
I received from the National Association of Realtors in regard
to Pederal Court decisions involving Coastal Property Rights
when Governments have taken property without compensation. In
Paragraph 2, Nr. Holmen, who ie very active in this phase of the
National Realtors Association's struggle to preserve private
property ri ghte, mentioned that he, too, did not remember the
New Jersey decision, and now it comes to me in a blinding flash
why he didn't. The New Jersey Decision actually did not involve
Private property RS ghte but inete ad was centered around the right
of Realtors to put signs on property for sale based on the First
Amendment regarding freedom of speech, and it was an embarrassing
trick of my memory that made me think that this decision which
said no community could prohibit Real Estate signs in the U. 5.
had anything to do with private owners.
In the Incas vs South Carolina Coastal Commission, this decision
could be bad news for us except that we can easily prove that the
Florida DNR regulation of the Atlantic Beach setback line would
not do anything to prevent erosion or injury, the only injury
Doing to the property owners who lose control of their property,
just by a whim of the State Government.
Very truly yours,
TOWNSEND HAWKES
T}(/vh
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il0[IPw [FAL10[5 11fSCClnlr(H1 1wC[fONrrLLf [FAGNff lFwLIOfS ASSSOCU(IOM
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FldlOw w1fOCiwIrON pi YpiGFGE HO[F[f lAC[SONlrltf NwdEf ,NSV[O[S wfffOCU110N
1'
TOWNSEND D. HAWKES
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BEACH REAL ESTATE INSURANCE
500 North Third Street - P.O. Bo, 51307
Jecksonvilie Beach, Florida 322 iC
Telephone ~904~ 259.4011
Dec. 5. 1992
The Honorable William T. Gulliford
Mayor, City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mayor Gullifordf
5...-;a rb le.rb.~
S.re 191.
Enclosed please find a copy of a letter sent to City Manager
Y.im Linebach supporting our request for a permit to build on the
vacant 50'x$0' lot in the rear of our home at 1771 Beach Ave.
which we originally bought in a separate Bale for the express
purpose of building a garage apartment. Perhaps you have for-
gotten that I did some research on this for the Property Rights
preservation Association and I discovered that on December 24,
1991, I sent you a letter Prom the National Association of Realtors
regarding not only coastal property rights but constitutional
rights of private ownership as in the case of the First English
Lutheran Church v. Los Angeles. The Federal Court held that a
regulatory taking of the property had taken place when the Church
could not build.
This deci aion said the "taking" had to be well defined but if the
deprived owner could establish beyond reasonable doutba that he
had "investment backed expectation" of using the property in a
particular faehionl namely, in this case to build a garage apart-
ment, that tie could prevail over the Government agency denying
this investment backed expectation.
Trust you will approve our building this garage apartment for our
retirement home on moral and legal grounds.
Very truly yours, .~E ,
TO'xiNSEND HAWKES
KY. o_.
TH/h
Enca.
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JACKSONYILLf IFACN IFALlO15 ASSOCIAIIO"
4 UlTI IIE LI Si1N6 Sf [VICE Of IAC RfONYl llf ffACNES
fl0[IOA fFAIiORS ASSOCIATION
MAiIOMAt ASSOCIATION Oi [fAllO[5
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JACRSOIrvILLE EfAC/ES INSUROfi ASSSOCUf10\
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CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appeal of Variance Denial by Townsentl Hawker
SUBMITTED BY: George Worley, City Planner
DATE: December 8, 1992
BACKGROUND:
Mr. Hawkes is the owner of an oceanfront home at 1771 Beach
Avenue and a 50' X 50' lot directly across Beach Avenue. Mr.
Hawkes desires to construct a freestanding garage apartment
containing two living floors above a garage level. The proposed
structure would encroach to within ten feet of the rear property
line.
A 50' X 50' lot is a substandard lot in Atlantic Beach antl
requires a Variance for any construction thereon. In addition a
Variance to the rear setback requirement is also needed and Lhe
building height limitation is reduced in direct proportion to
the reducetl size of the lot (permitting a maximum height of only
17.5 feet as the lot is only 50x of the minimum required).
At the Community Development Board meeting the discussion
was primarily regarding the original purpose of the lots on the
west side of Beach Avenue in that block. It was pointed out
that the lots had originally been platted to provide additional
parking for the oceanfront homes and not intended for the
construction of homes. The Board also expressed great concern
for the potential adverse impact of additional traffic and
restriction of parking in that vicinity. A motion was made and
seconded to Deny the request and carried by a vote of 5 to 2.
RECOMMENDATION:
Staff is concerned about the potential for setting a
precedent for allowing the construction of full sized structures
on half sized lots. There are 10 lots of the same size as Mr.
Hawkes lot remaining in that block, all of which can claim the
same privilege as requested by Mr. Hawkes.
ATTACHMENTS:
1) Letter of Appeal from Townsend Hawker
2) Application for Variance
3) Minutes of Community Development Board
4) Sections 24-49 (1) b. 1-6, 24-490(•3 )~, 2^p4-82 (b),
REVIEWED BY CITY MANAGER ',~
i
AGENDA ITEM NO.
~~'~(~-` TO WHOM IT MAY CONCERN
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I HAVE NO 08IECTION TO THE MOTUR HOME TiIAT IS PARKED AT
545 SEASPRAY AVE, I SEE NO ]cF.ASON FOR £. "0 Br'. REMOVED
AND I WILL NOT, OBJECT :'0 MR CLYi): ASBURY,
OBTAINING A VARIANCE TO KEEP":' ON HS i'.'20PER:`f
~.• IN ITs present iocatlon ~
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TO WHOM THIS MAY CONCERN.
I HAVE NO OBIECTION TO TH': MOTOR HGMF: 'THAT ZS PAdKF:D A'i
545 SEASPRAY AVE. I SEE NO REASON FOR i': '.'U BE 2EMOYF:D
AND WILL NOT OBJECT TO MR CLYDE. ASP.U3Y. OP:AI NING A
' VARIANCE TO KEEP IT ON HIS PROP=:RY'f IN Z.s PRESENT
" ~ LOCATION.
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NAME ~ 1/!~C^[1r~7~._._1=_/t_" _ ~~ ___ _
ADDRESS _`1~f___1_'-' :'`.~;wu-~1___ ~~__.__._
TO WNOM IT MAY CONCERN,
.i,i I HAVE NO OBiECTION TC T.HE MOTOR HOMi: ?HAi' IS PARKED Ai
~' 545 SEASPRAY AVE. i SEE• NO nEAS0t7 FOR .T 's0 BE REMOVt.D
AND L WILL NOT OBJECT TO M3 CLYDii ASBURY,
`~'=~;,~,;; OBTAINING A VARIANCE TO KESti.Y IT ON H?S 730PERT'i IN
:~ ~~~ ITs PRESENT LOCATION,
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ADDRESS,
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to whom :his may concern,
i have no ohiection to the motor home that is parked at
545,seespray, ave. i see no reason or it to b:' removed,
and i will not object, to MR, Ciyde Asbury, obtan:np,
a variance to keep it on teis
Property in its present location,
NAME, ,___
ADDRESS ~ ~ _
Thank you.
I To whom this may concern
I have no obiect:.on to the motor home -.hat [s p~r!ced e.
545, seaspray ave, i see ro reason `nr .z to be r<•noved
And 1 will not object to Mi, C: de Ac b~.r.-y,
~ obtaining a variance ro keep un his
Property in its present iora:. i.on;
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TO WHOM IT MAY CONCERN
I HAVE NO OBIECTION TO THE MOTOR HOME 'fHA"i IS PARKED KC
545 SEASPRAY AVE, I SEE NO SEASON FOR I3 TO BE REMOVED
AND I WILL NOT OBJECT TO MR CLYDE ASBURY,
OBTAINING A CARIANCE TO KEEP IT ON HIS PROPERTY
IN ITs PRESENT LOCATION, ~ % -~~
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NAME ~~~~ _ `_ _ --!1-L~s~ . _ .'~-
... ADDRESS _r~ / 5~l6~-~'(;~~4 >ivt !'Tl PFD
TO WHOM IT MAY CONCERN
I HAVE NO OBIECTION TO T}I:i MOT03 HCML• THAT IS RARKE'v A"
545 SEASPRAY AVE, I SEE NO REASON FOR IT TO RE REMOVED
AND I WILL NOT OBJECT TO MR CLYDE ASBURY
OBTAINING A VARIANCE TO KEEP ON HZS PROPii:tTY
IN ITs PRESENT LOCATION ~~^,Jl// /\P ~.,
NAME -~~~d--7~'~a~___....
ADDRESS, SB3 S~y(cr~yf~//}yly 71/h/A fit-'/poly
TO WHOM IT MAY CONCERN
I HAVE NO:ABIECTION TO THE MOTOR HOME THAT IS PARKEU A'i
545 SEA5PRAY AVE, I SEE NO REASON FOR IT TO RE REMOVED
AND I WILL NOT OBJECT TO MR CLYDE ASRURY OBTAINING
A VARIANCE TO KEEP IT ON HIS PROPERTY IN ITs
PRESENT LOCATION, ~ 11 .~
NAME--1 =F--^~=--------------------------
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to whom this may concern
i have no obiection to the motor home that is parked at
545 seaspray ave, i see no reason for it to be
removed and i will not object to mr Clyde asbury,
obtaining a variance to keep it on his
property in its present location,
_ to whom [his may concern,
i have no obiection to the motor hone that is parked xt
•' 545 seaspray ave, i see no season for it to be removed
and i will not object to mr c`yde asbury,
abtainng a variance to keep '_[ nn hie, property
4. Sn its present location,
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name -t____ -----------'-----"--
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ADDRESS ~ 7 ~ Ic~/> ~C~i ~"' f~t~
i0 WHOM THIS MAY CONCERN,
Z HAVE NO OBIECTION T.0 ?HF. ±%i)?03 HOM ^'4A° iS PA3KED A:
545 SEASPRAY AVE. T_ SEE NO SEASON FUF i_ ?v B 3EMOVED
AND I WILL NOT OBJECT a0 Mn CLYDE ASBUA`f
OBTAIINING A VARIANCE TO KErP ?T UN N_5 PFOP'~?`!
IN ITS PRESENT LOCATION
?HANK vBU ~/
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NAME - ~SS'_ 1~1~____~____! ~_Ll~-~?'_' ______.__
ADDRESS- ~~ L"____ ~~'_`••_~ L_, ~' _l.; _~_~~____ 1_1_~l r~ .~
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TO WHOM IT MAY CONCERN
I HAVE NO OBI ECTION TO THE NO'f0a hbM': TnA': :S PAtKEu A:'
545 SEASPRAY AVE , I SEE NO :ii?ASON FO"i . _ .; 9.i :tEMO'~1::Ii
AND I WILL NOT OBJECT TO M.'c, C!.''L'l ASRU2':'
OBTAINING A '/AR:ANCE TO KEEP i'i OiJ !i=:S ~'aOi°F.~e'Y N
iTs PRESENT LOCA?ION,
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To the members of the zoning, board;
L, Clyde Asbury who resides at 545 Seaspray Ave. in
Atlantic Beach request the zoning board to extend the
priveledge of keeping my motorhome whe-e it has been fo-
the past four years. '
I am handicapped and moving it from a storage facility
everyday to work on it would be to hard on me bes!des heing
very expensive. I keep myself busy by working on •_t keeping
it Ln top shape and cleaning and waxing it. It keeps me
active and has helped me to keep my muscles excerc!.sed.
The generator must be run at lex,st :and 1/2 hours
every month and also it must be allowed to air cut a minimum
of every two days. It takes at least one full day to get it
ready for a [rip and 24 hours to have the refrigerator
cold.
It is perked 10 feet from the top of the curb which !s
the grass line. There is no room on either side of our house
Co park it or I would park it there. Nnne of my neighbors
have ever complained and have said that it is kept up
neatly and does not interfere with them at ai:.
Please consider allowing me to keep my motorhome
parked in my yard in its current place. 'f hank you for
your time. I look forward to hearing from you.
Si n~.e rely
1. ~~
Clyde J. Asbury
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PLEASE TYPE OR PRINT IN INK
APPLICATION FE[ fS0.00
APPLICATION F00. VARIANCE _...~~"'-~ V
DATE FILED:J/_ ~ Q G, !'3H 21992
TO REQUEST A VARIANCE FROM ?NE REGULATIONS INDICATED MEREIp~ldngaed Z~onih~
ARC PRACTICAL DIFFICULTIES OR UNNECESSARY ILlppgpIp3 IN CARRYING 0pY Y6
STRICT 16TTER OF THE CODE OR ORDINANCE SHE UNDERSIGNED NEREgY APPI.IPf tOR '~
A VARI lNCE AS POLLONS:
Nama end address of appllesnt requesting verlennt Notat If the applitimt~
is other then ell the owners of the property, written caseest •lgaN 6y sIi"
the owners of the property shell be ettaehedt "
PNON6
.. eY ~_..IN _ Works 'h`( _a3l
Variance is Bought from the provisions of that
(~~~ Zoning Cods ( ) Eullding Coda
( ) Electrical Code ( ) Neehenieel Coda
Location o! building or •tructura:
On tha NO,C.~f~ aide of_ SC pS~rn.~+
n• eoTw •Ct
Street address and legal description of proper[
deed, end survey or plot diagram 1Rdieatfng Dze
( ) P1umDieg Coda
( ) 0[hat '~
(. ,
Notrt Attach copy o!
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Zoning Clusifieatiost ~,1~_ (
Section of Code from which variance L sought:~_
Daaerfbe verianee reeusceAe f ~._._ _-_Y~_ 1J
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-.; -rr-•--••s ..•..nacn •nouaa Da cone Sdered by the Sorard: `~`d'~'~_.
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!~ Are conetructlon plans eubwfeted with this applleationt /~~ -~ ~'•
The tenon vailsnce !s being sought:
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rer ,w mrvnea wena•rr one Thit Inslmmenl PrcDarzd Bf:
DOROTHY 11. MCRRI$
vo~5321 tc 240 Warranty deed MelroDOldan LHC b Cuaonp Co.
li3f EOllewood Avenue $OYN
A-fICUL RECORDS: LcoBroawrw lacksonviup Florida 32YO+
tot IIIDOi1'DiB, Meda this 17th, day o! April . A. D. 108E Be'Lp'EEN
I116 NBW NHi COleANY
• eaepwetbe w{mlwd end e:inin{ under the laws of the Stele of Florida
d do CeEm4 d Dtrvsl ,Stele o! Flo[3 da . Deity M Ne that pert, end
CLYDE J. ASBURY AND ELIZABETH J. ASBDRY, 1!is wife
565 Seesprey Avenue, Atlantic beach, Florida 32233
d Bn Cam4 d Dtroel , Slele of Florida pules of the sreend pen.
i thel the geld posy of the tlrsl pert, for end in coruldenlien o[ the aum of -------
-----------TEN AND NO/100___________________..________________ Ddlua.
Y St ~ Ird poll h7 tha Wd pen l¢a of the second put, lha reeelDt whereof la hereby
hoe {noted, iwpined end raid to the sold Den les of the srrond
pert [bier hale end earl{tu lorever, the fallowln{ deserlbed Imo riluate, IYIn{ end
hYa/gb IM Cau4 K Duvel , Btala d Florida, to wit:
Lot 19, Block 2, SFASPRAY, according [o plat [hereof,
t recorded Sn Plet Book 35, pages b4 and 64A, of [he
F ~ ~~ careens public records of Duval County, Florida,
~S~
~ OF ~L ~ ~
5~ STA"rC .sTnMP TAxI
oo ~OCUMENTARY/~'~,. I
QS tl~ a uCVi. ~F aEVEHUE~'{+~ t 4 O 1
Sub~ett [O rastrietlve covenants, conditions, easements and reeervatlons of record.
AV Wa eeN pony d the flat qH don hercDY fully wmnnt Ne title to Hid Imo and wID defend the
Ye riPYet the IewfW eleleu d W ptrwtu whotnseever.
~ wYr AM1Mf, tha Wd putt d the Bnt pen hu soused this Imlrummt b h executed In Its
eve b EY 1•reeldml and atued 14 Cotparele Seel etlesled by lb Seae/ep to !K herclo affixed
the dq W 7eu f4w chow entua ..
tOt)•ldAl'i 6tAt.1 THE NEN NET t1PA{{Y ~~ p ~~. ~..
ASRlf •.
II Td ~~~1 ~: , ,
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«~___~_____«____________ BY_ _________ _________________ _ _ _
W. N. NALTON, JR:
!4 President
W OeaeW7 %'rl...~-.•
Bid r frets lreeeeee:
.11_: ~s/~~~
RATS Of TIARZDN )
txoYrY t>f DWAL )
erw r e~~•ny +e....a ____H,_A._3f9ki0N~._JA.________ Yid .________________________________
»r'_-'_pweldmt >oGaBttato/ oe________TLL?~IEY.ifEI_COl'I2ANY____ __________________
• tdf me Yen d We BteY eT F1or3 da .tome well known to be Ne Individuals and of/iren
~ eY [idle Yeaeled the fore[olne Imlrument and aeverallY scknowled^ed Ne execution Hereof to
M Leh Aa has sal eel deed w each eB n thereunto duly euthorized; end ihet the ofticiei Peal of wid
aeBweYr Y rb ettisd iherat4 end the Wd ronveYanceu the eel and deed of said eorpontion
wYl11W ep heed and dBelel war thla_1Zth, deY of _______ApCil__________________ _.._, Ip.fi:._.
{{ Dtndl ____W---_________, CounlY and Stele reeid. Q (..~
~ ~~,,,i ;ja~1~ j -~t~~~=Qf`-~__/--~t`~r16_e:1.ht
~1 .+ No Public in end f tRe County end Sta{e Aforndd.
' ; n ~,8) MY Commitsion exDlr4: r -~
es"mss ~ -
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y.w..r.IL~ ~ ., ~...
Mhdt Se the applicant's
in this varlanae7
n 7~. ..1 -
IN FILING THIS APPLICATION FOR VARIANCE, THE UNDCRSIOMED UNDCR
BECOMES A PART OF THE OFFICIAL RECORDS OF THE COMMUNITY DEYE6D-11I
AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED NERCIN If
THE BEST OF NIS/HER KNONLEDGE.
Signature of applicant/applicant'•
authorized ^gent or atiorncy. If
agent or attorney, include letter
f=os-applicant to that effrct.
Sip u» d~oine~ o! th 1.
APP oatien oannet , a ro4~M_
rithout ornsrs signature. ~::.#C'•~ ~~
Applicants Do not till-in beyond thi^ point. Horever, b•
respond to the Sollorlnp itena~
1. Special conditiens and eircuwetanees exist rhloh are
peculiar to the lend, structure, or building lnvolred
and rhieA ere not applicable to other lands, structures
or 6ui1d1nga in the ^swe zoning diatriet.
2. The apeclal conditions and circueatancea do not
result from the actions of the applicant.
3. Granting thv variance requvwted rill not confer on
th• spplicant ^ny special privilege that i^ denied by
the code to other lends, 6uilding• or etruotures in the
eawe zoning district.
4. Literal interpretation at the provisions of the cede
would deprive the applicant of right^ coswonly enjoyed
by other properties Sn the wawa zoning dlstrlot and
rould rork unnecessary end undue hardship on the
applioant.
YES ;"'x.110_
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S. The varicose 1s the miniwun vsrianq that rill wake
possible the reasonably usv at the lmnd, building or
structure.
~ ..
6. The varlanee Se Sn Harmony rlth the general intent
end purpose o1 thv code. -
7. The varienee rill not conetitutr any change in the
dlstriaLS shorn on the zoning map.
8. The variance rill not iwpalr m adequate supply of
light end air to adjacent property.
9. Thv variance rill not waterially increase the
n~.'~n -p~ubllm etrole or Sncrwee the public
.~~ ~~zetr-
10. The varlanee x111 no! ma terlally diminivh or Smpalr
evtnbliehed property vaiuee rithin the surrounding area. ___
13. The variance rill not impair the health, eatety,
mornly and general reltare.
COMMUNITY DEVELOPMENT 80ARD REPORT AND ACTIONSe
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CORRECTION
THIS DOCUMENT
HAS BEEN
REMICROFILMED
TO ASSURE LEGIBILITY
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MAP SHOWING SURVEY OF
LOT ~9 F3LOCK_~ AS SHOWN ON MAP OF
--- --- sE,es,~ae Y - -- ---
ASRECORDEOINPLATBOOK ~s._PAGE 64G~OF PUBLIC RECORDS OF DUVAL CO., FLA.
FOR .VFw-Ale,- L:oMaiv/__ _ ___
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1 HEREBY CERTIFY'TNAT TN[A[ovc_ Lor
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~ bOCAT[O 11/011 [AY[ At [NOMN AND THAT TM[R[ AR[,NO [NCROwCNN [NTS u1oN
u/o LeT CLARSON AND ASSOCIATES,INC.
fIGNED ~IQIiYp 6 ly di (~~Jj,~~ /' //
SCALE: ~w• 20_ ._-wioX4.~:'U.~~-.:
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4 249
ATLAN'f1C BEACH CODE
specifying the grounds thereof. The appeal shall be in the Corm prescribed by the
rvles o(the board. The administrative official shell, upon notification of the filing of
the appeal, transmit to the community development board, all the documents. plans.
papers w other materials constituting the record upon which the action appealed
from was taken.
a. Sfay o(tuork An appeal to [he community development board stays all work on
the premises and ell Oroceedings in furtherance oC the action appealed from,
unless the administrative official shall certify to the community development
board that, by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings or work shall not be
stayed except by a restraining order, which may be granted by the community
development board aRer aDPlication to the officer from whom the appeal k taken
and on due cause shown.
b. Hewings o(oppmis The rnmmuni[y development board shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as well as due
notice to the Darties in interest, and decide the same within a reasonable time.
~~~ /// Upon the hearing, any Darty may appear in person, by agent or by attorney.
(3) Appea4 ofdecisions o(the rommuniey dme%pment board Any person or persons,
jointly or severally, aggrieved by any decision of the community development board
or arty taxpaYeq or any oRcer, department. board or bureau of the city <ommia5ioq
rosy present to the city commission a petition, duly verified. setting forth that such
decision k illegal, in whole or in Dart, specifying the grounds of the illegality. The
petition shall be presented [o the commission within thirty 130) days after thr filing
of the derision in the office of [he board.
(4) In ezertusing the powers granted by this section, the community development board,
by the concurring vole o(the majority of members. may reverse or affirm, wholly or
pertly. or modify the order, requirement, decision or determination appealed from.
and may make such order, requirement, decision or determination ac should be
made, and to that ertd shall have all the power of the oRcial from whom the appeal is
taken. Rulings amt decisions of the rommunity development board shall become
effective kn (30) days aIIer the dale of such ruling or decision.
(Ord. No. 9b82-74, 4 2(IH, B, 4). 7-26$2; Ord. No. 90$7-117, 4 1.39$7)
f3eea_ 246~f4a0. Heaet+ed.
DIVLSION 3. APPLICATION PROCEDURES
Bee. IMI. Amendment, repeal.
W The dry communion may from time k time amend. suppkment, change w repea ~ :he
mniog Pelryktiwu, restrictions w district boundaries asset out in this dtapkr.
(b) Proposed ohengn end smendmente meY be wgge~d by the dry commission, the
planning agency. a property otvrter fw his own krd w by petition of the owners of fiftyoce
Kh. tb.5
14z4
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Y
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4
'LONING AND SLIRDIVLSION REGULATIONS 5 2449
lions of this chapter will result in unnecessary hardship. In order to authorue
se any variance from the terms o(this chapter, the community development board
must find that:
et. 1. Special conditions end circumstances exist whitA ere peculiar fa the Isnd,
(~) atruelure or building involved sad which sre not applicable W other lends,
m: atruaures or buildings in the same district;
2. The epeeist conditions end circumstances do not result from the action of
of the applicant;
to 3. Granting the variance requested will not confer on the applicant any special
~ privilege that in denied by this chapter to other lands, buildings or etruc-
tara in the came coning district;
4. Literel interpretation of the provision of this chapter would deprive the
epplirant o(rights commonly egjoyed by other properties in the same caning
district under the terms of this chapter and would work unnecessary and
as undue hardship on the applicenq
5. The variance granted is the minimum variance [hat will make possible the
zd~ reasonable use of the land, building or structure;
6. The granting of the variance will be in harmony with the general intent and
cad- purpose of this chapter and the variance will riot be injurious to the area
involved or otherwise detrimental W the public welfare.
c. In granting any variance, the community development board may prescribe
~° s r riots conditions and sa(
far pp op eguards in conformity with this division and any
ordinance enacted under its authority. Violation of the conditions and safeguards.
when made a part of the terms under which the variance is granted, shall be
ial, deemed a violation of this chapter.
ed- d. Under no circumstances, except as permitted above, shall the community devel-
fof opment board grant a variance to permit a use not generally permitted or
ac6 permitted by exception in the coning dutrid involved or any use expressly or 6y
implication prohibited by the terms of this chapter in the zoning district. No
nonwnforming use of neighboring lands, struRUres or buildings in the same
caning district and no permitted use of lands, slruMUres or buildioge in other
zoning districts shall be wruidered grounds Cor the authorvation of a variance.
.~ e. In exercising its powers, the cemmunity development board may, upon appeal
ice, and inconformity with the provisions of this division, reverse or atGrm, wholly
shall or partly, or may modify the order, requirement, decision or determination being
appealed, and to that end shall have the powers to direct the issuance of the
necessary permit.
(21 Appeak oJadminisrr,uiue at[ions.Appealsto the community development board rosy
fir' be taken b an
d ~ y y person aggrieved or by any officer, board or department of the city
elfeded by any decision o(the administrative official under this article. Such appeal
shall be taken within thirty (30) days after rendition of the order, requirement,
nror decision m determination appealed from by filing with the officer from whom the
ublic appeal is taken and with the wmmunity development board a notice of appeal
aovi-
SvpD. No.S
1423
t,.=..
§ 24-07 ATLANTIC BEACH CODE
(9) To poet eigm on property undergoing zoning Droa~edings end promptly remove these
signs aDer the zoning process is cempleted;
QO) To mail notices of zoning requests to be considered et the regularly scheduled mee4
ings of the community development board to respective members at least seven 17)
days prior to the meeting date to allow members ample time to review the requests;
111) To hire such permna as necessary to assist in the fulfillment of the requirements of
the office and delegate to these employees the duties and responsibilities w=.igned to
the administrative oRcial as may be necessary to cam out properly, the functions of
the once.
IOrd. No. 908274, §21111, B, 2), 7-26$2; Ord- No- 90-87-117, 4 1.3~9~871
Sec. 2448. Planning agency.
The community development board, as established by the city commission, shall serve as
the planning agency and shell have the following duties and responsibilities:
(11 To review those mattes referred to the planning agency and hold regularly sched~
uled meetings for the purpose ofreviewing such documents;
(21 To review site plena for all proposed subdivision development redevelopment, includ-
ing planned unit developments, in the city;
f3) To transmit m the proper governmental bodies, agenries or departments the written
recommendation d the planning agency, where the retrommertdations ere called for
by this chapter;
(4) To provide for interml procedures, with the assistance of the administrative olBrial.
required b carry out the intent of this article. Such procedures shall include desd~
lines for filing applicetiona prior to regularly scheduled meetings to sllow time for
adequate review and the preparation d a written report sad recommendation of cash
application.
lord. No. 90-82.74, 4 2tlll, B. 3), 7-2682; Ord. No. 9087-117, 4 1. 3-9871
Sec. 2449. Community development board.
The community development board shall be appointed by the city commission. The
organization and procedures under which this board operates, its artangement d meetings,
adoption of rules and its method d handling appeals, variances or other related matters shall
be in conformity with the provisions of Chapter l4 d this Ordinance Code.
ll) Paruer and dude: The community development board may:
a. Hear and decide appeals where it is alleKed there is an ertor in any order,
requirement, derision or determination made by the administrative otfirial in
the edorcement d this chapter.
b. Authmiu, upon appeal in specific cases, and upon findings of fact, such minor
variances from the terms of this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement of the provi-
Sapp. No 5
1422
e
Attar discussion, Mr. Molfeon moved to deny the variance. Mr.
McGoran seconded the motion end it passed by a vote of 9 - 3.
V. Application for Variance tiled by Tornaend end Virginia
Harkee to construct a garage apartment on a non-conforwing lot
located at 1773 Beach Avenue.
Mr. end Mre. Tornaend Harkee introduced themselves to the Board
and explained that the variance vas requested to ellor them to
construct a garage apartment on a 50 x 50 lot on the rest aide of
Beach Avenue. Variances are needed for miniwum loi size end rear
yard setback.
Attar discussion, Mr. tlolfson mowed to deny the variance. hr.
Frohrein seconded the wotion and the variance rae denied by a
vote of 5 - 2.
VI. Application Sor Plat Revier by Milliam Norgan for property
located on the north corner of 19th Street.
Mr. Yilliaw Morgan introduced himself to the Board and explained
that he deslred to replat the property into six eeperate lots for
the purpose of selling them.
After diweuselon, Mr. Yolfson wooed to recommend the replotting
to the City Cowwiaeion end to encourage the proposed use of
single fawily hooves ae rell as one-ray traffic on the street.
Me. Pillwore seconded the wotidn and it roe uneniwously passed.
There being no further business to cove before the board on
wotion made and seconded the westing ras adjourned.
SIGNED
ATTEST:
NF.W BUSINESS:
I. Application for Variance tiled by Nargaret Cresson to enclose
an existing rood deck rhich rould encroache the rear yard setback
requiresente on property located et 1821 Tierra Verde Drive.
Ne. Creation introduced herself to the board and explained that
the variance ras requested to allot construction of a screened
enclosure on en existing deck.
Attar discussion of rhether a hardship existed end the iwpact on
other properties, Ns. Gregg sowed to approve the variance ae
requested. Nr. Norio seconded the sotion. The nation failed by
a vote of 2 - 5.
II. Application for Variance filed Dy The Church of the Living
God to construct an addition to the church rhicA rill encroach
the setback requiresente on property located at 390 Churoh Road.
Mr. Jases Rivers introduced hiseelf to the Beard and explained
that the Churoh ras requesting a variance to add needed tons for
the congregation.
After diecuaeion, Ms. Pillsore moved to approve the variance.
Ne. Gregg seconded the sotion ono it roe unsnisoualy approved.
III. Application for Variance filed by Clyde and Elizabeth
Asbury to park a rotor hose in the front setback oS property
located at 595 Seesprey Avenue.
Mr, and Nre. Asbury introduced thesselvea to the Board and
explained that the variance •as requested to persit toes to
continue to park a rotor hose in violation of the front yard
setback due to health probless.
The CAairsan presented a letter iros s neighbor expressing
approval of the variance request. Mr. Asbury stated that another
~_ 14 approvals rare aubsitted rith their applicetlon.
~: After diecuaeion, Ms. Pillwore sowed to approve the variance on e
g
t tesporary baeia until such fire ae Nr. Asbury could no longer
2- operate the rotor hose. Mr. Horie seconded the motion. The
r• sotion tailed by a vote of 3 - 9.
IV. Application for Variance filed by Gudron Morrison to retain
a screened enclosure in violation of the rear yard setback on
~ property located et 9D3 Seaepray Avenue.
Ms. Lori Hesketh, a friend of the applicant, introduced herself
_ to the board and explained the reasons the variance roe
requested. Reasons included sosquito infestation and reccoone.
She explained that the structure had alreatly been constructed.
y
~:
Y:.
MINUTES OF THE COMMUNITY DEVELOPHEN7 BOARD
OF THE CITY OF ATLANTIC BEACN, FLORIDA
Novesher 17, 1992
7:00 P. N.
CITY HALL
PRESENT Gregg HcCeulie
Sawuel Horie
Ruth Gregg
Don Molfson
Robert Frohrein
Pat Plllwore
Mark NcGoran
AND Alen Jensen, Clty Attorney
George Marley, ZI, CD Director
Pat Harris, Recording Secretary
ABSENT .
Chairsan Gregg HcCaulie, called the aeeting to order and
asked far approval of the wlnutes iron the rmeting of October 20,
1992. Upon notion duly cede and eeeondad said winutes rare
approved:
OLD BUSINESS:
I. Application for Variance ailed by Dorothy and Stan Jones to
park a sotor hone in the front yard setback of property located
at 2051 Seainole Road.
Stan Jones introduced hiwself to the board and explained tAe
reasons the original Variance raa requested. He requested an
extension of thst original Variance until the certificate of
occupancy roe issued for hie ner hose currently under
construction.
After discussion Hs. Gregg sowed to approve an extension oS six
<6) soothe. Hr. Horie seconded the action end it raa approved 6y
• vote of 4 - L
II. Application for Variance filed by Jaaee Barrington Darby to
construct s carport rhich rill encroseh the aide yard setback on
property located at 350 Ocean Boulevard.
Hr. Darby introduced hiseeli to the beard and atsted the reasons
a variance raa requested.
Aites discussion, Nr. Horie coved to approve tAe variance with
the condition that the structure be constructed rith non-
flewaeble ^ateri ale. Ns. Gregg seconded the action and it passed
by a vote of ~ - 3.
%r--~, .
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appeal of Variance Denial by Clyde Asbury
SUBMITTED BY: George Worley, City Planner
DATE: December 7, 1992
BACKGROUND:
Mr. Asbury was notified by Code Enforcement that his RV was
parked on his property at 545 Seaspray Avenue in violation of
the required front yard setback. Mr. Asbury requested a
Variance to this setback requirement at the Community
Development Board.
During the Boards deliberations much Discussion occurred as
to possible alternatives and the criteria for granting such a
Variance as set out in Section 24-49 (1) b. t-6. Discussion
concentrated on Mr. Asbury's ability to locate the RV at some
remote location rather than his front yard. A motion to approve
the Variance with stipulations was defeated by a vote of 3 yes
and 4 no. No other motions were offered.
RECOMMENDATION:
The ability of the Community Development Board in granting
Variances is limitetl by the above referencetl Section. The
language therein REQUIRES that the Board make certain findings
before granting a Variance. Among those findings are: that
special conditions exists, that the special conditions were not
created by the applicant, that granting the Variance will not
give special privilege Lo the applicant not generally enjoyed by
other owners in the district.
Staff recommends affirmation of the Boards decision based
upon the criteria of Section 24-49 (1) b. 1-6. (attached)
ATTACHMENTS:
1) Letter of Appeal by Clyde Asbury
2) Application for Variance by Clyde Asbury
3) Minutes of the Community Development Board
4) Section 24-49 (1) b. t- d 24-4 (3
a
n
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~
REVIEWED BY CITY MANAGER ~~ /
~~
AGENDA ITEM NO.
~.
;~~. --
1:: ,
PLEASE TYPE OR PRINT IN INK ~.. ,,t
APPLICATION FEE 550.00
• APPLICATION FOR VARIANCE ~..~ ~ j~,~~'~f~y'J~r.~~
OATS FILED: II ~. ~/~' D ~~- ~+,.
s "'-
~.
TO REQUEST A VARIANCE FROM iNE RECUGTIONS INDICATED NEREI F'DV 2 _
"`Eon ng`
STRICT LTETTER OFFTNE CODESORRORDINANCEATNE UN ERSIGNED~xERggY MPLIES FOR r .i"•
A VARIANCE AS FOLLOWS:
iemother Clan dl [hepor::eretof theeprop rtylavrittea eoneen[ i1 applicant 1~ '.
the owners of the property shall be •[taehad: - fined by eli J5
GuCJ/////J /Yb/I/Ji r,~, PxoNE ~'~ ,
! 0_,3 .~P4J~/CGCi CIUf works /..
.Variance !s aoughC fzoe the provieione of thei
( ) toning Coda (x) Building Code ( ) Plumbing_Code. ,,trii"~ ~~
.~~.
( ) Eleetzieel Coda ((~) Nechsnical Code ( ) Other
Location of building or structure:
On the~JQ/~,eida of ~
/n s e or v street ~ u
l/ __ t
Street address and legal deaetiption of property: Note: Attach copy of ~+:~~ j
deed. and survey or plat diagrm indicating proposed conatruetien. ..
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Zoning Cleesifieetion:~~,~~_,?
Section of Code from which varLnee is Bought: ~~ ~ ~!
Describe variance reouested: T ~ <-~ ice. ~ _. .. _ _
TAe teaepn varisnee fie being sought: .'~y11
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Supporting dau which should be considered Dy ehs Eoerds ~ ~: '~
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Are conetructlon plane submitted with this sppllca[Sonl 'f~~/J :/'
MAP SHOWING SURVEY OF
EASTERLY Of LOT .7l8 AND TN6 EASTERLYfh Of' LOT 3IJ;
.$AGTA/1! SECT/oN 3, _
A6 RECORDED IN PLAT BOOK /O L.. PAGE .- /6 OF THE CURRENT PUBUC RECORDS OF
OUVAL COUNTI', fLORIDA.
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F.B. 333 P.G. 97
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Mhat Se the applicant'e Sntereet in thle varlsnceT
"+'
IN FILING TNIS APPLICATION FOR VARIANCE, THE UNDERSIGNED UNDERSTANDS
BECOMES A PART OF THE OFFICIAL RECORDS OF THE COMMUNITY DEVELOPNEMTj BOAI
AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED NEREIN IS TRlJ6''
THE BEST OF HIS/HER KNONLEDGE. - -
Yi:
Signature of applicant/applicant'w
authorized sgent or attorney. If
agent or ^ttorney, include letter
fro• •pplieant to that effect.
Signature of o-ner of the preperl
Applfamtion cannot be proeewa~
rithout ornera wignature.
Applicants Do not fill-in beyond thin point. Horever, ba prepared t
respond to tM follaring itesel ..
YES NO
1. Special conditions and eircuwetances emimt rhiah •re
peculiar to the lend, structure, or building involved
and rhfch mrv not applicable to other lmnda, atruaturea
or buildingw in the arse zoning district. ___ ~___
2. 'The special conditions end of rcuwetanaea do not
result from the actions of the •pDliamnt.
3. Granting the variance requewted rill not confer on
the applicant any special privilege that Sa denied by
thm code to other lands, buildings or mlruclurea in th•
same zoning district.
~. Lfleral interpretation of the provieiona of the coda
could drprive the •pplieant of rights cowwonly enloyad
by other propartiaw in the sane zoning diatrfot and
could cork unneceaesry end undue hardship on th•
applicant. -
S. Tnr variance iw tM minimum vsrlmnee that rill make
pomwibl• the »asonable uee of the land, building or
structure.
6. The variance is in harwony rlth the general Sntent
and purpose of the coda. -
7. The variance rill not constitute any change in the
diwtriete shorn on the zoning ^ap.
8. The variance will not impair an adaqumty supply of
light end sir to adjacent property.
9. The variance •ill not materially increase tho
congestion in public etreeto or increase the public
danger of Sire and amfety.
10. Tne varimnce rill not materially diminioh or impair
eetabliahad property vsluee vithin the surrounding scam.
,..~ it. _ TM varlaner rill not impair the health, safety.
morale and general relieve.
COMMUNITY DEVELOPMENT BOARD REPORT AND ACTIONS:
f
4 ?A-44 ATLANTIC BEACH CODE
specifying the grounds thereof. The appeal shall be in the form prescribed by the
rule of the board. The administrative oReial shall, upon notification of the filing of
the appeal, transmit W the community development board, all the dotumenta, plans,
papers or other materials constituting the record upon which the action appealed
from was taken.
a. Stay o(work. An appeal [o the community development board stays all work on
the premises and ell proceedings in furtherance of the action appealed from,
unless the administrative official shall certify to [he community development
board that, by reason of Cads stated in the certificate, a stay would cause
imminent peril to life or property. In such csx, proceedings or work shall not be
stayed except by a restraining order, which may be granted by the community
development board eBer application to the officer from whom the appeal is taken
and on due cause shown.
b. Hearings o/appea/a The community development board shall fix a reasonable
time Cor the hearing of the appeal, give public notice thereof, as well as due
notice to the Davies in interest, and decide the same within a reasonable time.
Upon [he hearing, any pally may appear in person, by agent or by attorney.
(3) Appeals of decisions o/the community de~r[opmenl board Any person or persons,
jointly or severally, aggrieved by any decision of the community development board
or any tupayer, or any officer, department, board or bureau of the city commission,
may present to tfie city commission a petition, duly verified. setting forth that such
decision is illegal, in whole or in Darl, specifying the grounds of the illegality. The
petition shall be Dresented to the commission within thirty 1301 days after thr filing
of the decision in the office of the board.
(4) In exercising the powers granted by this section, the community development board,
by the concurring vote of the majority of members, may reverse or aRrm, wholly or
paNy, or modify the order. requirement, decision or determination appealed from,
and may make such ordeq requirement, dttision or determination as should be
made, and to that end shall have all the power of the official from whom the appeal is
taken. Rulings and decfsioris of the community development board shall become
e5ective ten (10) days after the date of such ruling or deciaion.
(Ord No. 9082-74, 4 2QD, B, 4), 7.2682; Ord. No. 90-87-117, 4 1, &98W
9eea. 2460-f4A0. Bmer+ad. ..
DIVISION 3. APPLICATION PROCEDURES
Bee. 2401. Ametodmeet. repel.
W The dt9 commission may from time W time emend. supplement, change or repea ~ the
coning regulations, reserictioru or diNrict boundsriea u set out in this chapter.
(b) Propaaed chenga and amendrtteota may be suggeNed by the dty tommisaion, the
pleaaiag agency, ^ propert7 owner for hie own Isnd a by petition of the owaera of fiRy~one
Svpp. IJo. S
1424
4
1
}1
1
'LONING AND SUBDIVISION REGULATIONS § 249
sions of this chapter will result in unnecessary hardship. In order to authorize
re any variance from [he terms of this chapter, the community development board
must find that:
et- ~ 1. Special conditiorra and circumstances exist which ere pervliar m the lend,
(7) structure or building involved end which ere not applice6le to other lends,
s; structures or buildings in the same district;
2. The special conditiorre and circum..•.,.~-s da oat result from the actioes at
d the applicant
1O 3. Granting the variance requested will not confer oo the applicant any special
of privikge that is denied by this chapter m other lands, buildiags or struc-
tures in the come zoning district;
4. Literal interpretation of the provision of this chap4r would deprive the
applicant of rights commoety enjoyed by other properties is the same zoning
district under the terms of this chapter and would work unnecessary and
~ undue hardship on the applicant
5. The variance granted ie the minimum variance that will make possible the
d~ reasonable ux of the land, building or structure;
6. The granting of the variance will be in harmony with the general intent end
rd, purpose of this chapter and the variance will not be injurious to the uea
involved or otherwise detrimental m the public welfare.
c. In granliog any variance, the community development board may prescribe
'ea a riots condiliore and safe
for pprop guards in conformity with this division and any
ordinance snorted under it6 authority. Violation of Ue conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be
al, deemed a violation of this chapter.
ad- d. Under no circumstances, except as permitted above, shall the community deveL
for opment board grant a variance m permit a use not generally permitted or
tcb permitted by exception in the zoning district involved or any use ezpreasly or by
implication prohibited by the terms of this chapter in the zoning district. No
nonconforming use of neighboring lands, structurm or buildings in the same
cooing diatrid and no permitted use of Ianda, structures or buildings in other
zoning districts shall be rorraidered grounds for the authorization of a variance.
.~ e. In ezercisiog its powero, the community development board may, upon appeal
i~ and in conformity with the provisions of this division, reverse or affirm, wholly
dztll or partly, or may modify the order, requirement, decision or determination being
appealed, and W that end shall have the powers is direct the imuence of the
necessary permit.
l21 Appeals o(administrotiue actions. Appeals to the community development board may
rder,
) ~ be taken by any person aggrieved or by any officer, board or department of the city
slferted by any derision of the administrative oRcial under this article. Sudr appeal
shall be rattan within thirty (30) days after rendition of the order, requirement,
rinor
ublK decision or determination appealed from by filing with the officer from whom the
appeal is taken and with the community development board a notiu of appeal
tpvi~
Sapp. Na.s
1423
~..,,.. _
4 2447 ATLANTIC BEACH CODE
(9) To post signs on property undergoing zoning proceedings and promptly remove these
signs alter the inning process is completed;
(10) To mail notices of zoning requests b be considered et the regularly scheduled meet-
ings of the community development board b respective members at least seven (7)
days prior b the meeting date to allow members amble time to review the requests;
(Il) To hire such persons as necessary b assist in the fulfillment of the requirements of
the once and delegate b these employees the duties and responsibilities assigned b
the administrative official as may be necessary to carry out properly, the fUnctiom of
the office.
(Ord. No. 90-82-74, 4 2tltl, B, 21. 7-2682; Ord. No. 9087-117, § 1, 3~9~871
See. Y4.48. Rlandng ageucy.
The community development board, as established by the city commission, shall serve as
the planning agenty and shall have the following duties and responsibilities:
(D To review those matters referred b the planning agency and hold regularly xhed~
uled meetings for the purpose of reviewing such documenLS;
(21 To review site plans for all proposed subdivision development redevelopment, includ-
ingplanned unit developments, in the city;
f31 To transmit b the proper governmental bodies, agencies or departments the written
recommendation of the planning agency, where the recommendations are celled for
by this chapter,
(4) To provide for interml procedures, with the assistance of the administrative official,
required b carry out the intent of this article. Such procedures shall include deed-
linea for filing applintiona prior b regularly scheduled meetings b allow time for
adequate review and the preparation of a written report end rerommendation of each
application.
(Ord. No. 90.82.74, 4 2(tlt, B, 31.7-26-82; Ord. No. 90-87-117, 4 1, 39-87)
Sec. 24-09. Community development board.
The community development board shall be appointed by the city commission. The
organvation and procedures under which this board operates, its arrangement of meetings,
adoption o(rules and its method of handling appeals. variantes or other related matters shall
be in conformity with the provisions of Chapter 14 of this Ordinance Code.
ft) Pourer and dutiex The community development board may:
a. Hear and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the administrative olfuisl in
the enforcement of thin chapter.
b. Authorize, upon appeal in specific cases, and upon findings of tact, such minor
variances from the terms of this chapter as will not Iz contrary b the public
interest where, owing b special conditions, a literal enforcement of the pravi
Sapp. No. 5
1422
After discussion, Mr. Molfson wooed to deny the variance. Mr.
llcGoran seconded the wotion and it passed by a vote of 9 - 3.
V. Application for Variance filed by Tornsend and Virginia
Harkey to construct a garage apartment on a non-conforwing lot
located at 1771 Beach Avenue.
Mr. and Mre. Tornsend Harkey introduced thewselvee to the Board `
and explained that the variance tae requested to allot thew to
construct a garage apartment an a 50 x 50 lot on the rest aide of
Beach Avenue. Yeriances are needed for winiwuw lot size end rear
yard setback.
Attar discussion, Mr. Molfaon coved to deny the variance. fir.
Frohrein seconded the wotion and the variance vas denied by a
vote of 5 - 2.
VI. Application for Plet Revier 6y Villiwm Morgan for property
located on the north corner of 19th Street.
Mr. Billism Morgan introduced himself to the Board and explained
that he desired to rapist the property into six separate lots for
the purpose of selling them.
Attar discussion, Kr. Molieon moved to recommend the replwtting i
to the City Comwismion and to encourage the proposed use of i
single family homes as tell ae one-rwy trsfiic on the street. 1
Me. Pillmore seconded the motidn end it ras unanimously passed.
i
There being no further business to come before the board on '
motion made snd seconded the meeting rwe md~gurned.
SIGNED:
ATTEST:
°~ ;
NEM BUSINESS:
I. Application for Variance filed by Margaret Cresson to enclose
an existing road deck rhich rould encroeche the rear yard setback
requirewenta on property located at 1821 Tierra Verde Drive.
ha. Cresson introduced herself to the board end explained that
the variance roe requested to all or construction of a screened
enclosure on an existing deck.
After diacueaion of rhether a hardship existed end the iwpact on
other properties, Ms. Gregg wooed to approve the variance ea
requested. Mr. Novie seconded the wotion. The notion failed by
a vote of 2 - 5.
II. Application for Variance filed by The Church of the Living
God to construct an addition to the church rhich rill encroach
the setback requirewenta an property located at 390 Church Road.
Mr. Jawee Rivera introduced hiweelf to the Board end explained
that the Ghurch vas requesting a variance to add needed reaw for
the congregation.
After discussion, he. Pillware moved to approve the variance.
Ms. Gregg seconded the eotibn end it raw unaniwouely approved.
III. Application for Variance filed by Clyde and Elizabeth
Asbury to park a wotor hove in the front setback of property
located at 595 Seaspray Avenue.
hr. and lire. Asbury introduced thewaelvee to the Board and
explained that the variance roe requested to perwit thew to
continue to park a actor hove in violation of the front yard
setback due to health probleae.
The Chairwan presented a letter crow a neighbor expressing
approval of the variance request. hr. Asbury stated that another
19 epprovale rare eubwitted rich their application.
After discussion, Me. Pillwre wooed to approve the variance on e
tewporery basis until such tiwe ae Mr. Asbury could no longer
operate the .otor hove. Mr. Horfe seconded the action. The
wotion failed 6y a vote of 3 - 9.
IV. Application for Variance filed by Gudron Morrison to retain
e screened enclosure Sn violation of the rear yard setback on
property located et 9D3 Seaepray Avenue.
Me. Lori Heeketh, a friend oS the applicant, introduced herself
to the board and explained the reasons the variance roe
requested. Reasons included mosquito infestation and raccoons.
She explained that the struetare had alreatly Deen constructed.
MINUTES DF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
Hoveaber 17, 1992
7:00 P. M.
CITY HALL
PRESENT Gregg McCaulie
Saauel NoHe
Ruth Gregg
Don Nolfson
Robert Frohrein
Pat Pillaore
Mark McGoran
AND Alen Jensen, City Attorney
George Morley, II, CD DSrector
Pat Harrls, Recording Secretary
ABSENT
Chairsan Gregg McCaulie, called the seating to ortler and
asked for approval of the alnutee frog the seating of October 20,
1992. Upon sotlon duly wade end seconded said einutee rare
approved:
OLD BUSINESS:
I. Application for Variance filed by Dorothy and Stan Jones. to
perk • rotor hose in the front yard setback of property located
at 2051 Sesinole Road.
Stan Jones introduced hiaself to tha board and explained the
rsasoAS the orlginel Variance rsa requested. He requested en
extension of that original Variance until the certificate of
occupancy rse issued for hie ner hose currently under
COnetraCtiOn.
After discussion Me. Gregg roved to approve an extension of slx
(6) sonths. Mr. Norie seconded the lotion and it rse approved by
a vote of ~ - 1.
II. Application for Variance filed by Jaeve Barrington Darby to
construct a carport rhich rill encroach the aide yard setback on
property located st 350 Ocean Boulevard.
Mr. Darby introduced hiaself to tha board and stated the reasons
a veri ante rse requested.
After diecusaian, Mr. Norie coved to approve the variance rlth
the condition that the structure be constructed rich non-
fleaaa63e eaterial e. Me. Gregg seconded the notion and it peseed
by a vale of ~ - 3.
November 2!~, IS?
City of Atlantic Reach
ATTN: Mayor- Nilliam F.
BUU Seminole F'oad
Atlantic Peach, Floritla
- Florida
Gulliford
-~2~3
In Fefcrencc to Community Development board f.eetinq
November 17,. 1942
Mr. Gulliford,
Please consider adding my name to your agenda at th ~~
December 14, 1992 mee*.ing of the City Council.
I was on the agenda of the Community Developrt~ent board on
Tuesday, November 17, trying to get a variance for a screened
porch. I was turned tlown by a vote o4 four "no's" and three
"yes's". Dne of the "no's" I question, as he asked me if I
had been in the meeting earlier when they turned down an
eltlerly latly for the same request. I nodded but =_tated that I
thought each case was handled individually. He said they are,
however, I question the merit of his question to me.
Mr. Gullifor•tl, I want to mention that a porch (which I did
not know needc-d a building permit since it had an existing
slab) was built this summer because of the extreme mosquito
problem in the par /. (the house backs up to Howell park). I
believe that because of the excessive rain this season and
the lack of sun in the park which caused a lot of standing
water, contributed to the unusually high infestation of
mosquitos. However, the problem does persist and is not
determined by the elements. I consider this a definite health
hazard when rumors in the past have contributed mosquitos as
a carrier of the Aids virus. This may 6e just a rumor but I
still have my an r.ieties.
I had hoped for• rt~or•e sympathy
board, but did not receive it.
raccoon pr•o61em as one he also
deal. I do hope with a second
your boartl that we can come to
to De done other then "tearing
Sincerely,
~l(~L!/Gl.V
!!!!!/////Laurie HesV:eth
4U3 Seaspray Avenue
Atlantic Peach, FL 3_c.~..
r9U4) 249-5~~2
and understanding from the
Dne board member di=_missed the
has .and basically oat a big
chance to tell my story before
an understanding of what needs
tlown" a much needed addition.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appeal of Variance Denial by Lori Hesketh
SUBMITTED BY: George Worley, City Planner
DATE: December 7, 1992
BACKGROUND:
Gudron Morrison, represented by Lori Hesketh constructed a
screenetl enclosure at the rear of their home at 403 Seaspray
Avenue in violation of the requiretl rear setback. Mrs. Morrison
applied for a Variance to keep the structure as built. The
Board discussed the fact that no permit was pulled and that the
violation could have been avoided had the normal process been
followed. By a vote of 4-3 the Board movetl to deny the request.
RECOMMENDATION:
The majority of the Board voted to deny this request due to
the lack of hardship or special conditions peculiar to the
property in question, except for those created by the actions of
the owners. Staff recommentls affirming the actions of the Board
and denying the Variance.
ATTACHMENTS:
1) Letter of Appeat from Lori Hesketh
2) Application for Variance
3) Minutes of the Community Development Board
4) Section 24-49 (1) b. 1-6
5) Section 24-49 (3)
REVIEWED BY CITY MANAGER~AI,~~/ ~.~ ,~I,~
AGENDA ITEM NO. V
~:
~~
VCL 5~6U i'~~.'. ~1
JFFIClAL RECGRDS:
coat Coen an intey ral unit of lands suitable for use as ,~
casidrntial build my site, stall U~ :I~~e:ned to tx one lnt.
(2) Single Family Residence Only. Each let shall ~_
ased fur t'ne purpo ,e of construutiny a single fa,u ily resi-
de n.:e tha coon and Eor no other purpose. Exceut as herein
ocher'.+ise provided, no structure shall be erected, altered or
ne caitted to remain on any lot other than one single family
residence. The height of the main residence shall not be
w re than thirty-five (35) Eeet above the normal surface of
the ground. tlo bui Liiny ur su-uccu re shall be rented oc
Laased se pars to Ly from cite rental or lease of [he emir? lot.
:du thing herein shall be construed to proven[ De valoper from
•.c; uiy any lot nr portion U:e reof es a right-oE-way for road
gurpoues or for access or utility easements, in wiii ch ?vent
none of these restrictions shall apply.
(3) Minimum 5yuare Footage for any Principal Residence.
;JO principal residence 5ha11 be erected or allowed to reiaain
on any Lot wilass [he syuare footage area [hereof, exclusive
of screened Hutches, garages and storage rooms, shall equal
or exceed 1,400 square Eeet.
(4) Minimum Floor Elevation. No principal ray idence
shall be erected oc allowed to coma in on any lot anless the
.a uii:nma flour elevation is 9.3 feet .,Hove mean sea level.
(i) See Back Eor all Structures. No steer to re of any
hind shali be located or permitted to remain between the Hair.
residence buildmy and tiie front lot line. .JO structu ce of
any kind shall be located on any lo[ nearer than 25 feet Co
the front Loc line nor nearer than 25 Eeet to any side street
line, nor nearer than 10 fee[ to any side lo[ line, nor
nearer cnan 20 fee[ to the roar LoC lint.
lo) aesubdividiny oc 1'lattiny. :iu bject to epgroval oy
the Ve Ca tans 1•lminiytc=tiou, .... ~lop•_r ..., ._r.,s _._ _ii!~._ to
r••~; ^'ud iv ide ur Ce ulat any !ut oc !u t:; :;iwwr, on tit•° . lat Eur
.uiy purposes wila [sueve r, i::c Ludinl r:~l ::ts-uf-way for road
' ,~, 556U ,ZU2S
bFF.ICIAL RECORDS:
SvLvA mrcnnq -
COVENANTS AND REST 12I CfI OILS
A'f iANTIC 6EACti -
UUVAi COUNTY, ['LORI DA
t:hER;:AS, TRECU, [n c., a Florida corporation, successor
or are ryvr Co 'CRECO, formerly [he Darnel[ ;tor[gaye Trust ~
("De velope t"'I, is the owner of that land in Duval County,
Florida, more particularly described in Chat plat of SELVA
TIERRA recorded in Plat Bcok 38 pages 28 through 28A
of the public records of Duval County, Florida (the "Plat");
YIH EREAS, the Developer intends Chat each of the lots
shown on Che Plat stall be used solely Eor res iden[ial pu r- ~.
i:JSCS and M15fte5 W llaCl' CCrt,lla COVCna^ts and Ce5[r1CClOns .
upon the use of all of the lands described on the Plat for
the inu tual benefit of all the owners of lots located thereon, ~.
and therefore in[e nds that these Covenants and Restrictions
ahall run with [he title [o the land hereby restricted. '~.
NU'•:, 'L;LE REFORE, the IYZVeloue c, Eor itself and its suc-
cessors and assigns, hereby centric [s tl:e use, as he reir,after
provided, of all of the land (hercinaf ter sometimes referred
to as the ^Property") included in the Plat, and places upon
e:;e Property [he following Covenants and Restrictions, to run
~w ith the title to the Property and a!1 portions thereof. Thy
grantee of a deed conveying any lot or iots, parcels or
tracts contained within the Property or shown on the Plat
shall be deemed by the acceptance of such deed [o have ay reed
to observe, comply with and be bound by all these Covenants
and Restrictions as follows:
(1) Lot or Lots. 'fhe tor;., ^Lo t" or "Lots" means tc_
Lo tJ shown on Che P1aC as ~.nende~.l
f row time to time, For
p at'pO5C5 Jf rh~sn Co'n'nan L; , cd ~
- .. ~_: i.tinn•;, a~r ;~ _:^.o iGaC:On
of contiguous lots or parr:; ,>` lot.; i;;,,;,,r coi ;:von ow re rs);ip
":ep ar~.d Dy: 3¢rt C. S::no^ n..
.c.urn tc: Tom Dodgers
irttor ney at Ls.:
Gartner 5 '::i::::,s YRECO, fne.
1325 San '::i r~.:o p.ou L';.i r~,l T325 San Marco 3.r..
Jackso n~,~:: .,.. ... 31 >:)' ackso r,ville,
322C-
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::
Zoning
Nhdt Se the applicant's interest Sn this varlance7
________________________
~.vGGc15= %LL __Oti__'%/f _ ~d~~_ p~ ~2 f~/s~/~
i
i
i
ZN FILING THIS APPLICATION FOR VARIANCE, THE UNDERSIGNED UNDERSTANDS I '
BECOMES A PART OF THE OFFICIAL RECORDS OF THE COlINUNITY DEVELOPMENT BOAR
AND DOES HEREBY CERTIFY THAT ALL INFORMATZOH CONTAINED HEREIN IS TRUE T
THE BEST OF HIS/HER KNOWLEDGE.
______________________________ ~ ,~ ~',,A~___
Signature of applicant/applicant's Sgnat a of orner of the propert
authorized agent or attorney. If ApplicalSon cannot be proeesee~
spent or attorney, include letter rlthout ornare signature.
from applicant to that effect.
Applioant: Do not till-in beyond this point. Horever, be prepared t.
respond tc the tolloring items:
1. Special conditions end circumstances exist •hich are YES NO
peculiar to the land, structure, or building involved
and rhich ere not applicable to other lands, structures
or buildings in the same zoning district. ___
2. The special conditions and circumstances do not
result from the actions of the applicant. ___
3. Granting th^ variance requested rill not confer on
th• applicant any special pr1v13ege that ie denied by
the code to other lends, buildings or structures in the ~
sere zoning district.
4. Literal interpretation of the provisions of the code '~
could depriv¢ the applicant of rights commonly enioyed ~'
by other properties in the same zoning district and '~
could cork unnseeeeary end undue hardship on the
applicant. '~.
3. The varienee Se the minimum varisnee that rill make
possible the reasonable use of the land, building or
^tructure.
6. Thv varienee Se in harmony rich the general Sntent
and purpose of the code.
7. Tha variance rill not constitute any change Sn the
dletriete shorn on the zoning map.
8. The varisnee rill not impair an adequate supply of
light and air to adjacent property.
9. . The variance rill not materially increase the
eongvetion Sn public streets or Sncreae¢ the public
danger of Eire and safety.
10. ~ The varienee rile not mn t..rixtty diminton or impntr
established property values rithln the aurrountling area. ___
11. The varienee rill not impair the health, eatety, '
morale end general relfere.
CONMUNITY DEVELOPMENT BOARD REPORT AND ACTIONS:
~~
PLEASE TYPE OR PRINT IN INK APPLICATION rEE 150.00 ~ _
APPLICATION FOR VARIANCE ~~~ rl `j i1 (; ~fpl ~ ~'
i i7 ~ . -:5
DATE FILED: ~~/~~/~L ~!':T 20 1992 '--~
TO REQUEST A VARIANCE FROM 7NE REGULATIONS INDICATED H~ERIE~N,gBL OSEOYNCIL
ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN CARRYING OUZ 2xE
STRICT LETTER OF 7NE CODE OR ORDINANCE SNE UNDERSIGNED XEREBY MPLIES FOR
A VARi!NCE AS FOLLOHS:
i
Name and address of applicant requesting variance: Note: If [hs applleaot
is ocher then all the owners of the Property. trritten ronssnt •lgasd by all
the owners of the property shall be attached:
m.A2rr..~/Inti G/LrsS v PxoNC
li;'/~~ ~% /4~ 1/L/L/JE Nork:_ /IiJN ~. .A.
Variance Le sought from the provisions of the:
( ) 2oning Code (~ Building Code
( ) Electrical Code ( ) Hechenlcal Code
( ) Plumbing Cede
( ) Other
Lo[atfan of buflding oz structure:
On the ~S i aide of ,~~/ %~/LUl- t~JtQ£
n e or v •creec
Street address and legal deeeript ion of property: Noce: Attseh ropy of
deed, and survey or(plot diagram Sndieocing proposed cons[ruetloo.
_ L~ t L~J~ / Jd Y/rl %/f ~flt Yf
,drf.d /~~f i~itn,~+ "r~nJ
Zoning Clessi[Seation: ~U
Section o[ Code Lrom which verienu 1• eought:_[l /Sr»tf.+c: ~'ar Pu~
Deerribe variance requested: _ )o dNG1~S /L fXl i/A/
woo ~n~~.r~ On/ ~r/S~ S/OL o~ ff~E wr ifil
The//~~rcoson verf once Se being sought:
_l~//ten rniG ~-~ ~~ ~/~i'2<,ac// - ~/vc,2vA~f~
litr`/2 .SET /~A~~f' z.tiE
Supporting data which should be considered 6y the Board:
_ X11-, «/~ ,-~~/ s v/tvrY
Arc construe [ion plans snbmlt[ed with chin appl Sce[lon7 / EJ
-.
`
~ _
- ~ ZONING AND SUBDNISION REGULATIONS § 24~g
sions of this chapter will result in umecessary hardship !n order to authorize
- se any variance from the terms of [his chapteq the community development board
et- must find that:
~ 1
Special conditions
d
i
.
an
c
rcumstanta ezirt which ere peculiar W the land,
(71 structure or building involved end which ere not applicable W other lands,
' ts; atrudures or buildings in the same dietriM;
of 2. The spatial conditions end circumstances do not result from the actions of
the epplinnt;
to
' of 3. Granting the variance requested will not wafer on the applicant any special
privilege that is denied by [hie chapter to other lands, boil
dings or strut
Lures in the same zoning district;
4. Literal interpretation of [he provisions of this chapter would deems [he
applicant of rights commonly enjoyed by other properties is the same zoning
. as district under the terms of this chapter and would work unnecessary and
undue hardship on the applicant;
5. The variance granted is the minimum variance that will make possible the
ed reasonable use of the land, building or structure;
6. The granting of the variance will be in harmony with the general intent and
lid- purpose of this chapter and [he variance will not be injurious to [he area
involved or otherwise detrimental b the public welfare.
ten c. In granting any variance, the community development board may prescribe
for appropriate conditions and safeguards in conformity with this division and any
ordinance enacted under ifs authority. Violation of the wnditions and safe
guards,
when made a part of the terms under which the variance is granted, shall be
ial, deemed a violation of this chapter.
eed- d Under no circumstances, except as permitted above, shall the community devel~
for opment board grant a variance to permit a use not generally permitted or
~ach permitted by exception in the zoning district involved ar any use expressly or by
implication prohibited by the terms of this chapter in the zoning district. No
nonconforming use of neighboring lards, structures ar buildings in the same
- - zoning district and no permitted use of lands, structures or buildings in other
zoning districts shall be considered grounds for the authorization of a variance.
The e. In exercising ifs powers, the community development board may, upon appeal
sings, and in conformity with the provisions of this division, reverse or affirm, wholly
shall or partly, or may modify the order, requirement, decision or determination being
appealed, and [o that end shall have the powers to direct Lht issuance of the
necessary permit.
rtder 121 Appeals ofadminis(raliue anions. Appeals to the community development board may
al in ~ liken by any person aggrieved or by any oRcer, board or department of the city
affected by any decision of the administrative official under this article. Such appeal
ninor
shall be taken within thirty (30) days after rendition of the order, requirement,
mblic decision or determination appealed Gom by filing with the oRcer from whom the
provi appeal is taken and with the community development board a notice of appeal
~W. Ro a
1423
i
j
§ 24-45 ATWNTIC BEACH CODE
specifying the grounds thereof. The appeal shall be in the form prescribed by Lhe
rules of the board. The administrative oRcial shall, upon notification of the filing of
the appeal, transmit to [he community development board, all the documents, plans,
papers or other materials constituting the record upon which the action appealed
from was taken.
a. Stoy o/ruork. An appeal to [he community development board stays all work on
the premises and all proceedings in furtherance of the action appealed from,
unless the administrative o1T~cia1 shall certify to [he community development
board that, by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings or work shall not be
stayed except 6y a restraining order, which may be granted by the community
development board after application to the officer from whom the appeal is taken
and on due cause shown.
b. Hearings of appeals. The community development boartl-sha11 ftx aTeasonable
time for the hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide the same withtn a reasonable time.
Upon the hearing, any party may appear in person, by agent or by attorney.
(3) Appeals of decuwns of fhe eommumfy development board Any person or persons.
- - jointly or severally, aggrieved by any decision of the community development board
or any taxpayeq or any olLcer, department, board or bureau of the city commission,
may present to the city commission a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of the illegality. The
petition shall be presented to the commission within thirty (301 days after thr filing
of [he decision in the oRice of the board.
f4) In exercising the powers granted by this section, [he community development board,
by the wncurring vote o(the majority of members, may reverse or affirm, wholly or
partly, or modify the order, requirement, decision or deleratinetion appealed from,
and may make such order, requirement, decision or determination as should be
made. and [o [hat end shall have all the power of the official from whom the appeal is
- - taken: Rulings and decisions o! the community development board shall become
eRcc[ive Cen (101 days after the date o(such ruling or decision.
(Ord. No. 9ty.82-74, § 2fII1, B, 4), 7-2682; Ord. No. 90~87~117, § 1. 3~9-871
f Seca. 1,1-64-2410. Reserved.
DIVLSION 3. APPWCATION PROCEDURES
Sec. 24411. Amenient, repeat.
(U The city wmmission may from time W time amend, supplement, change or repea` :he
caning rcgulatione, restriftiona or district bouadsrin as set outin 1Lischapter
(b) Proposed chsttgee and amendments may be suggested by the city commisston, Ne
planning agency, a property owner for hie own knd or by petition d the ownero of fiRyone
$Vpy No 5
14?A
(n(~
G:-
~:.
~:~. -: -
_- ~-
I
4 2447 AILANT'!C BEACH CODE
(91 To post signs on property undergoing inning proceedings and promptly removt these
signs aRer the zoning process is completed;
(101 To mail notices of inning requests to be considered at the regularly xheduled meet-
ings of the community development board to respective members at least seven (71
days prior to the meeting date to allow members ample time to review the requests;
(1!1 To hire such persons as nett%ary to assis( in the fulfillment of the requirements of
the office and delegate to these employees the duties and responsibilities assigned to
the administrative official as may be necessary to tarry out properly, the functions of
the oRfce.
IOrd. No. 90.82.74, 4 21111, B, 21. 7~26~82; Ord. No. 9087-117.4 1, 3 9 871
Sec. 2448. Ptanoiog agency.
The community development board, as established by the city commission, shall serve as
the planning agency and shall have the following duties and responsibilities
Ill To review those matters referted to the planning agency and hold regularly xhed-
uled meetings for the purpox of reviewing such documents;
121 To review site plans (or ell proposed subdivision development redevelopment, intlud~
ing planned unit developments, in the city;
131 To transmit to the proper governmental bodies, agencies or departments the written
recommendation of the planning agenty, where the recommendations ere called for
by this chapter:
(41 To provide for internal procedures, with the axsistance of the administrative official,
required to carry out the intent of this article. Such procedures shell include deed
lines (or filing applications prior W regularly xheduled meetings to allow time for
adequate review and [he preparation of a written report end rernmmertdstion of tech
application
IOrd. No. 90 82~ i4. 4 2(111, B, 31, 7~26~82; Ord. No. 90-87-117, 4 1, 3~9~071
Sec. 2449. Community development board.
The community development board shall be appointed by the city commission. The
organization and procedures under whicA this board operates, its arrangement of meetings,
adoption of rules and its method of handling appeals. variances or other related matters shall
be in conformity with [he provisions o(Chapter 14 of this Ordinance Code.
(ll Ynu~er and dunes. The community development board may:
a. Hear and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the administrative official in
[he enforcement of this chapter;
b. Authorize, upon appeal in sprific cases, and upon findings of fart, such minor
variances from the terms of this chapter as will naL be contrary la the public
interest where. owing to special conditions, a literal enforcement of the provi~
Sapp No 5
1422
~~ After discussion, Mr. Yolfeon movetl to deny the variance. Nr.
NcGoran seconded the motion end it passed by a vote of 4 - 3.
F
z
e V. Application for Variance filed by Torneend and Virginia
F Harkee to conetrwt a garage apartment on a non-conforming lot
located et 1771 Beach Avenue.
_ Mr. and Mre. Torneend Harkee introduced theweelves to the Board
and explained that the variance vas requested to alloy them to
construct a garage apartment on a 50 x 50 lot on the rent aide of
_ Beach Avenue. Variances ere needed for miniwum lot size and rear
yard setback.
After discussion, Mr. Molfaon moved to deny the variance. Mr.
Frohrein seconded the motion and the variance rem denied by a
vote of 5 - 2.
VI. Application for Plat Revier by Millias Norgen for property
located on the north corner of 19th Street.
hr. Yilliaw Morgan introduced himself to the BoarO and explained
that he desired to replat the property into six separate lots for
the purpose of selling them.
After discussion, Mr. Yolfeon waved to recommend the replotting
to the City Commission end to encourage the proposed use of
single fawily homes ae rell as one-ray traffic on the street.
Ma. Pillmore seconded the motion and it rea unaniwouely passed.
There being no further business to come before the board on
wotion weds and seconded the westing roe adjourned.
SIGNED:
ATTEST:_______________________________
yip;,.. __. .
Hew BuslHess:
I. Application tar Variance tiled by ~ergaret Cresson to enclose
an existing rood deck rhich rould encroache the rear yard setback
requirements on property located at 1821 Tierra Verde Drive.
Hs. Cresson introduced herself to the board end explained that
the variance roe requested to all or construction of a screened
enclosure on en existing deck.
After discussion of rhether a hardship existed and the impact on
other properties, Ms. Gregg moved to approve the variance ae
requeeted. Mr. Horse seconded the motion. The motion tailed by
a vote of 2 - 5.
II. Application for Variance filed by The Church of the Living
God to construct an addition to the church which will encroach
the setback requirements on property located at 390 Church Road.
Hr. Janes Rivera introduced himself to the Board and explained
that the Church ras requesting a variance to add needed rooa for
the congregation.
After diecuseion, Me. Pillmore moved to approve the variance.
Ms. Gregg seconded the motion end it roe unanimously approved.
III. Application for Variance tiled by Clyde end Elizabeth
Asbury to park a motor home in the front setback of property
located at 545 Seespray Avenue.
Mr. end Mrs. Asbury introduced themselves to the Board and
explained that the variance ras requeeted to persit then to
continue to park a motor home in violation of the front yard
eetback~due to health problems.
The Lhairwen presented a letter from a neighbor expressing
approval of the variance request. Mr. Asbury stated that another
14 approvals rare submitted rith their application.
After diecuseion, As. Pillmore moved to approve the variance an e
temporary basis until such time as Mr. Asbury could no longer
operate the motor home. Mr. Horse seconded the wti on. The
motion failed by a vote of 3 - 9.
SV. Application for Variance filed by Gudron Morrison to retain i
a screened enclosure in violation of the rear yard setback on '
property 'located at 403 Seaepray Avenue.
he. Lori Hesketh, a friend of the applicant, introduced herself ~
Lo the board and explained the reasons tl~e variance ras
requested. Reasons included wosquito infestation and raccoons. ,f
She explained Lhat the structure had already been constructed. 'i
~:.._ .,
MINUTES OF THE COMMUNITY DEVELOPHEN7 BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
Hoveeber 17, 1992
7:00 P.H.
CITY HALL
PRESENT Gregg NcCeulie
Samuel Horie
Ruth Gregg
Don Molteon
Robert Frohrein
Pat Pillwore
Mark NcGoran
AND Alen Jensen, City Attorney
George Morley, II, CD Director
Pat Harris, Recording Secretary
ABSENT
Chairwen Gregg NcCeulle, called the westing to order end
asked for approval of the winutea trove the wearing of October 20,
1992. Upon wotion duly wade and seconded said winutee rare
approved.
OLD BUSINESS:
I. Application for Variance filed by Dorothy and Stan Jones to
perk a wotor hove in the front yard setbsck of property located
et 2051 Sewinole Road.
Stan Jones introduced hiwself to the board and explained the
reasons the original Variance rae requested. Ne requested an
,- ~ extension of that original Variance until the certificate of
occupancy rae issued for hie ner hove currently under
construction.
After discussion He. Gregg roved to approve en extension of six
f6> wonthe. Mr. Horie seconded the wotion end it roe approved by
a vote of 9 - 1.
- II. Application for Variance tiled by Jawes Barrington Darby tc
construct a carport rhf ch rill encroach the side yard setback on
property located at 350 Ocean Boulevard.
Mr. Derby introduced hiwaelf to the board and stated the reasons
a variance rae requested.
.' 1 After discussion, Nr. Horie caved to approve the variance rith
the condition that the structure 6e constructetl rith non-
flawwable weterials. Ns. Gregg seconded ihe.wotion and it passed
- ~ by a vote of ~ - 3.
G{~~~~
NOVEMBER 2D. 1992
ME, THE FRIENDS AN^ NEIGHBORS OF MARGARET CRE99ON~ ARE
TOTALLY IN FAVOR OF MRS. CRESSDN ENCLOSING HER EXISTING
DECK.
1
r i
~ }
j{
r
f
~i.
NAME ADDRESS _ .. d
S~sa~ /~ CePela„~
/~ ~~~ Tierna y e*~e Drive
/y{~un{ic 8eac~, ~IOTi~O 32233
904-247-1509
November 20, 1992
MAYOR ANO CITY COMMISSIONERS
Atlantic Beach City Hall
800 Seminole Road
Atlantic Beach, FL 32233
RE: Margaret Cresson _
Variance Request
November 17, 1992
Oear Mayor and City Commissioners:
In August of this year Margaret Cresson tlecitled to
enclose her small existing deck with screen so she
could enjoy the ocean breeze while reading. f
It has taken three and one-Half months, for one reason
or another, to ••reject" Mrs. Cresson's request because /~
the deck was built one foot over the •'set back" area. ((~L
Ms. Cresson is eighty years old, walks with a cane and
does not venture out after dark. She had even gone
to the expense of $300.00 to have a tree removed so
the deck could be screenad easily.
This decision does not seem fair to me and many others
as expressed in the enclosed petition. Margaret Cresson _
is a person who wanted to do everything ••by the book"
and look what it got her! _
Please reconsider her request. _
ncerely,
t Q ~
Susan A. Copela~~
P.S. This petition represents every home on our
street except for those unavailable tlue to
Thanksgiving vacations. _
F
L.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appeal of Variance Denial by Margaret Cresson
SUBMITTED BY: George Worley, City Planner
DATE: December 7. 1992
BACKGROUND
Margaret Cresson applied for a Variance to construct a
screened addition to the rear of her home at 1821 Tierra Verde
Drive encroaching the rear yard setback requirement of 20 feet.
Mrs. Cresson proposed to build to within 12 feet of the rear
property line.
The Board discussed special conditions which could warrant
a Variance but after a motion and second to approve, the Board
voted 2 yes and 5 no.
RECOMMENDATION:
The proposed use of this addition is for "reading" space
and as such it is merely for the convenience of the owner and
granting Lhis request would give special privilege to Lhe
applicant which is not enjoyed by other owners in the district.
Staff recommends against the granting of a Variance.
ATTACHMENTS:
S) Letter of appeal by Applicant
2) Application for Variance
3) Minutes of the Community development Board
4) Section 24-49 (1) b. 1-6
5) Section 24-49 (3) Appeal//sPPf Board d is1 ns
REVIEWED BY CITY MANAGER~l,~,/}_~~ firi~~
AGENDA ITEM NO._Q r
.'f
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.IOm nbach
City of Atlantic Beach
December 7, 1992 -Page 2
Tl» engineering services will ba performed under our Contrail for Professional Services
between the City of Atlantic Beach and Gee & Jenson Engineers-Architects-Planners, Inc.,
dated December 16, 1990. Compensation for professional engineering services as
described above is estimated as follows:
Compensation for Design Services: 335.800.00
Compensation for Construction Services: 8 460.
TOTAL COMPENSATION: $44,260.00 /
Total compensation shat) not exceed 544,280.00, unless agreed in writing.
Gee & Jenson offers an excellent team of engineers and designers who spedallze In
sewer system rehabilitation. John E. Collins, Jr., P.E. has recently joined our stall and will
serve as project manager. A resume of his qualifications plus resumes of other key
members of our sewer rehabilitation staff are enclosed.
We thank the Cily of Atlantic Beach for tie opponuniry to present our proposal for
engineering services on this important project. M you have any questions, please Call at
arty tune.
Very Vul~yyycoJu/r/s~E /~
James S. English, P.E.
Sr. Vice Prosidom
JoCollins, Jr.,'P.E.
Project Manager
JSE/JECsd
cc: Robert S. Kosoy, P.E., Director of Public Services
William Gullitord, Mayor
cr r t dr u~.nr~
Y"-. .
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TA1K OllRNE AND
CO6T PLACE SUAMMY
Pra~eel Nerr~:
~ NunROr
1A9Oq COCTs
Walk &aekAaen
DESION SFfiVKF6
Ferem D.N2aa A+r.b:+.son
2 11tH Vw9~TOpepephY
i PrapvPbrVPrclJeehA
/ ObreYr tlahF lonierw
6 Mar13l 0~ererYBpeNlae0ana
e fie111a CamrddwYpe ~I+eee0
7 AnL Ds1e4, Oww 8hwt
Prepare Eelme4rDf0 Farm
a bNwNe OueIq IMNeN
10 Oly 91M Ibview
It Fkuke Pkaa for ~V
12 Aa1M1e PmJea1
&AfTa1d Ded0n 6erN0ee
OONSTRUCTMN/ AD W NOJTgATMOH
1 Praear>,etetlon OOnMMCs
2 Holsw 0hep Drewkpl
Proew Propeae oeFeyr,e,
1 Pn~etl0NlaeuyAcard deMtpe
6 WerteraF knPe11ar1 D Year)
BubTaW Cu WaotlwtAdri44dar
TOTAL MAIa1011119
0W1oy Mbar CdY
~d Mry0r
Erprwr
cADDO}mku
BevebrY
W,O10.00
i1a,Te0m
i16,a3om
H,>rooo
118.100.00
REMa1.Rl0BLE OOS1S O0ertalY IM1 Prig Cop
AuleMWe 1000 MI. O.S {310.00
Bkro X31
C {000 X 0.10 Mf00A0
'aPFer1
~ 1000 COPY a.1a 110000
~
oea~pr w«k arcen
kb 210 l1
ae1 NN 1
a.03 i2q.00
33.1um
a.e..w S«vlcel w LS f i53m
.
9~earnow,e,.WrCar ._N,mao
PNDPOSSOVwcE i1l
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54Y 2(
0
~44
~
. e
1
OA!( H1NaOq aEWen 11E/1ABAITATpN, PHASES Y- N
00dOSP
Men How wrtgany Neb
PM Etp CO WP
105.00 tOS.OD RS0.00 123.00
Cpb
e JD 1 0
z 1a Ia o
0 z. teo 0
z e 16 2
1 12 p 16
z • e o
o a e o
1 f2 1 1
a 1 a 2
12 e e z
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2 I 1 2
{2.830.00
{3.600.00
s1Y,ro.oo
3,,310.00
11,520.00
sa3o.ro
i>eo.oo
i1,9o.00
31,ai0m
il,wom
i2,I5D.00
0060.00
60 1T0 290 >D
1 e o z
1 1z 1 a
a0 0 0 6
1 16 e 1
1 9 B 2
AOOm
11,1)0.00
1t,100m
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M 12 20 20
1W 212 309 60
O~LUENSON December ~, 1992
Ep~~a•a Md~YCy.
Raraca~c
Mr. tOm Leinbach
City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Attention: Robert S. Kosoy, P.E.
D'uedor of Public Services
Re: Proposal for Professions Engineering Services
Preparation of Plans and SpecMlcations and Construction Services
Oak Harbor Sewer Rehabilitation, Phase II • N
Gee & Jenson Project No. 90-285.2
Atlantic Beach, Florida
Dear Mr. Leinbach:
Wa offer our proposal for Professional Engineering Services for the design, preparation
of contract plans and spedflcations, and for construction services, concerning Sewer
Rehabilitation -Phase II - N In the Oak Harbor Subdivision.
Last year we completed the preparation of plans and specifications for Phase I work. We
understand tl i5 now the desire of the City Commission to combine all Sewer
Rehabiitation for the entire subdivision into one construction project The Tedtnical
Memorandum dated July 1990 defines the locations for the repairs.
The professional eng'meering services we propose are as follows:
1. Obtain alt addhional required survey Information, including utility bcatbns, for
design of the sewer rehabilitation as described in the Technical Memorandum
dated July 1980.
2. Prepare Contract plans and spec cations for the work, and assist ttte City during
advertisement, bidding and award phases of the project
3. Prepare the required permit application Corms for the work.
4. Perform construction services, limited to shop drawing review and handling pay
requests, for the period of construction, estimatetl at this lime to be six (6) months.
8E
CITP OP ATL~NlIC E6AfH
CRT OOIQIISSI011 lO~TIBG
STAPP B~OBT
d0~641 TT@f: ENGINEERING DESIGN SERVICES FOR COMPLETION OF OAK
HARBOR SEWER REHABILITATION
gD@1I1T14/ HT: Roberc S. liosoy/Director of Public Works JV'7~
Harry E. McNally/Utility Plant Division Director
11A1Ei December 7, 1992
: In 1991, we received preliminary plans and spec if ECacions
for Phase I of the Oak Harbor Sever Rehabilica cion Project.
We have proposed in [he Capital Improvement Progzam to complete
all phases of [he Oak Harbor Sewer Rehabilitation Project in
1993.
We have received a proposal from Gee S Jenson [o complete Phases
II through Phase IV in the Oak Harbor Subdivision fora total
amount of $44,260.00. This figure will cover completion of
the entire design and preparation of a full set of contract
plans and specifications. We [rust [he Engineer can complete
the work in approximately 6 to 8 weeks at which time we hope
to have funds available to bid [he project. We currently
have funds available to complete the design in Account No.
460-46-01-535-3100, Oak Harbor Sever, Professional Services.
i Reco®end acceptance of the Gee 6 Jenson proposal
A1Tl~ffii Proposal from Cee S Jenson. ,.f///J
1L9Ilp~ EI CIPI IlSAlGFR: ~, f/!Q ` ~ . [~
A.i'®A RL[ 1f1. d
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CITY OF ATLANTIC BEACH
REQUEST FOR PROPOSALS
EQUIPMENT FINANCING
ANALYSIS OF VARIABLE RATE PROPOSALS (1)
BANK NON-BANK
LENDING INSTITUTION QUALIFIED QUALIFIED
Barnett Bank 74.4t (2) 88.2t (3)
Liberty Ndt iOndl N/A N/A
Nations Bank 71.481 84.15Et
Ponta vedra Bank 100.001 100.001
Notes:
(I) Variable rates are quotetl as a percentage of the Prime
rate.
(2) The Barnett Bank proposal included a $5,000 placement
fee, whleh makes the effective rate for their bank
qualified loan 86.21 of Prime.
(0) The Barnett Bank proposal included a $5,000 placement
Eee, which makes the effective rate for their non-bank
qualified loan 1001 of Prime.
5
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CITY OF ATLANTIC BEACN
REQUEST FOR PROPOSALS
EQUIPMENT FINANCING
ANALYSIS OF FIXED RATE PROPOSALS
LENDING INSTITUTION
Barnett Bank
Liberty National
Nations Bank
Ponta Vedra Bank
BANK
QDALIFIED
5.301 (1)
5.336 (3)
5.49066
8.504
NON-BANK
QUALIFIED
-----5.906 (2)
N/A
6.65936
a.soa
F,: Notes:
c.
______
F (1) The Harnett 'Bank proposal included a $5,000 placement
foe, wh ieh makes the effective rate Eor their bank
qualified loan 6.63 a.
(2) The Barnett Bank proposal included a $5,000 placement
fee, whleh makes [he effective rate for their non-bank
qualified loan 6.62 a.
(3) eased on three annual payments in arrears.
it
I
8A8KAFP
12/04/92
4
CITY OF ATLANTIC BEACH
.- FINANCED EQDIPMENT
FISCAL YEAR 1992/93
Total FY X92/93
Item Description Dept. Budget Budget
Micro-film Reader/Printer City Clerk 10,000 4,000
Patrol Cars (3) Police 45,000 17,000
Backhoe Pub. Works 60,000 22,800
Pick-up Truck Pub. Works 12,500 4,850
Riding Mover Pub. Works 15,000 5,850
Pick-up Truck Parks 6 Rec. 15,000 5,600
Paint Booth Equip. Maint. 12,000 4,500
Dump Body Truck Pub. Works 140,000 54,000
(Cap. Projects)
Small Garbage Trucks (2) Sanitation 70,000 30,000
Excavator TBE Stormvater
_ 120,000
_________ 46,000
__________
TOTAL $ 499,500 $ 194,600
Under the fixed rate scenario, our cost per year would be $184,555.98
This is $10,044.02 less than budgeted totals.
3
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Obviously, comparing a fixed to a variable rate loan is not an "apples
to apples" comparison. In the current marketplace, the variable rate
is certainly more attractive.
I have three real concerns about the variable rate proposal. The first
is from the standpoint of conservatism. Although my personal belief is
that interest rates will rise but not soar during the next three years,
certainly the upside risk is greater than the downside risk. Taking
risks with public dollars, however well intended, must be carefully
considered. The second concern I have is from a timing standpoint. As
you are well aware, the strong possibility of Atlantic Beach borrowing
in excess of $10,000,000 in calendar year 1993 makes it imperative that
we close this deal in 1992. This allows the $499,500 lease/loan to be
"bank qualified", or tax-exempt in the secondary market, significantly
reducing our cost for the funds. Finally, NationsBank has indicated
a desire for Atlantic Beach to pledge a specific revenue stream as
collateral for a loan. I believe we can accomodate that request if need
be. However, under the lease purchase agreement the assets themselves
would be used as collateral, thereby avoiding the revenue pledge
requirement.
Therefore, it is my recommendation that we seek commission approval to
enter into a lease purchase arrangement with the low fixed rate bidder,
Liberty National Leasing company.
o-w.-~._ .
CITY OF
rFlla.dc'a b'eaelc - ~lmuda
eoo SE.NwoEE aaAo
~ . ~-- ----_.. _ ---- -- .--- ATLAtiTIC BFXJH, FlURaIA J]13}5µ5
TELFPFIONE 19µ)b1'1-590U
`l , FAX (9061 N1-51U5
December 9, 1992
To: Kim D. Leinbach, City Manager y~II /// I
From: Kirk R. Wendland, Finance Director it-[~/+-~n-~
RE: Equipment Financing RFP
Attached you will find a brief summary of both the fixed rate and
variable rate proposals we received at our November 22, 1992 bid
opening.
The best fixed rate proposal was made by Liberty National Leasing
Company. Although Barnett Bank quoted a lower fixed rate, their
effective rate was higher due to a $5,000 placement fee. Liberty
National's proposal is based on annual payments in arrears, however
they also submitted a bid based on quarterly payments in arrears.
The quarterly payments carry a Blighty higher effective interest rate
(5.44$). I'm sure they would be willing to establish a payment
structure to suit our needs, if we awarded the bid to them.
The best variable proposal was submitted by NationsBank. Assuming
a bank qualified issue, our interest rate would be 71.48$ of the
Prime rate. The bid does not specify, but generally this rate would
float daily. With a variable rate of 71.48$ of Prime, the Prime rate
would have to be at 7.4566$ to equate the low fixed bid of 5.33$.
Currently, the Prime rate is at 6.00$, equating to a current loan rate
of 4.2888$.
Other factors should be taken into consideration. The NationsBank bid
states that they will close within 30 days of the award. Hy guess is
that they could accomodate our need to close prior to Jan. 1, 1993,
however it may be close. Additionally, although NationsBank's bid did
not include placement fees, there would be attorneys fees and closing
costs involved. Due to the fact that Liberty National is a leasing
company, and their bid is not for a "loan" per se, these costs would
be somewhat reduced.
Below is a list of the equipment which comprised the loan amount, and
the amount budgeted for the year. We were conservative in our budget
amounts, using a 7$ interest rate, meaning funds available will be
adequate for whichever scenario we select.
~.
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~~~~
~~~~
~~
A[~IIA P1~1: Action to establish a policy regarding advertising in the
city newsletter by charitable or non-profit organizatiors
SGHSIT~ a1C: Maureen King, City Clerk
R4'!E: Decafber 7, 1992
B11fR(~OOID: At the last regular City Conmission meeting the question
was raised regarding advertising ~ charitable and non-profit
orc3anizations in the city's quarterly newsletter. It was determined
that a policy regarding this matter should he established. ltre
following mst data is provided for your inforniation:
Printing $1,035.00
Folding, addressing, S processing
for mailing 150.00
Postage 600.00
1bta1 Cost (6 pages) $1,785.00
Approximate cost per page: 300.00
Keeping in nird that at least one page is given up to listing board
members and addressee information, the remaining space is svrewhat
limited. Also, I think we mould want to make sure the newsletter does
rot becan? a "mm~uuty" newsletter.
1. Establish a fee for all advertising, including advertising by
charitable and mn-profit organizatiDns.
2. Set a limit tv the amount of advertsing allowed in any newsletter
(1/2 page, one page, etc.)
3. If a re&~oal rate is approved fnr charitable or non-profit
organizations, the City Omission may wish to restrict advastisirg
to on3anizations in see way associated with the city, eg.,
1bwnCenter, Little laague, etc.
/ r-;
I~VIS~ 8Y C11Y !N!@L~t c~//ri1_~/. ~~ i~/! ~ ~
-.. -. .. ,
Page '1Ao
Ordinance No. 55-92-27
Passed by the City Crnmission on first reading this day of
1992.
Passed di' the City Comrtission on secorrl and firel reading this
day of 1993.
Wrt.r.rnm I. GULLIFOIS), JE.
Mayor, Presiding Officer
ATTEST:
!41[Rffi~2Q RING
City Clerk
Approved as to foao a:d correctness:
ALAN C. JIISSFIi, ESQUIIffi
City Attorney
s.
~-
~:,
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]G
ORDII,4INCE N0. 55-92-27
AN OADIlNNCE ~' TFO: CITY OF ATLi1Ni'IC BFAC71, AMFSIDING
CkWPtER 16, SOLID WASTE, Ab4TIDING SFXTICN 16-8, FEES
AND COLLFLTIONS, 1l7 PROVIDE FVR MONTEQ,Y BILLING,
PInVIDING AN EFFECTIVE DATE
BE IT 0RLV~IINFD the City Comniss>.on of the City of Atlantic
Beach, Florida, as fell s:
l
Section 1. 16, Solid Waste, Section 16-B, Fees for
Nllection, is hereby a,m,vLri to read as follows:
Section 16-8. Fees for Collection
All residents, occupants aid owners of prenises in the city shall
have accvmilatims of solid caste retmvrxl aid disposed of by the
sanitati~ division of the city, and for the service of solid waste
raooval, shall pay the city the suns shown below for each type of
service.
(1) isidence A Unit. Fbr each residence A unit there shall he a
~9e of sixteen
dollars (;16.00) per month, payable to the City of Atlantic
Beach for each residence A emit.
(2) Residence B Unit. Fbr each }iousekeeping emit in a residence H
unit there shall be a change of
per~ar6er sixteen dollars (;16.00) per month payable to the
city for each such housekeeping „n; t.
13) F~sidence C Unit. A container or du~gister will be fl„-.,; ~>,~,~
airl maintained ~ by the City atd there shall be a charcx of
fifty-five
dollars and eicfity-three cents (;55.83) P°-r cubic yard per
epeeler month for eadt oontairver or dumpster.
(4) Cr.~enrial A Unit. Fbr eac3i comoercial A emit, there shall be
be a charge of
i~67s~9} fifty-five dollars aid eighty-three amts (;55.83)
pen cubic yard per gsezter month for each duster.
Note: (]large includes dumpster maintenance aid replaoemnt.
15) Canoercial s unit. All businesses, professions aryl
ocxupations rot m,,,;,~1 to have a oavrercial dumpster. There
shall lie a change of
sixteen dollars f;16.00) oer month payable tD the city for
each mmrrcial B emit.
Section 2. This ordinance shall becane effective imrediately upon
final passage.
~~
~~
ORDINANCE NO. 75-92-10
AN ORDINANCE AMENDING ORDINANCE NO. 90-B2-7A,
BEING AN ORDINANCE ENTITLED: "AN ORDINANCE
AMENDING CHAPTER 2d OF THE ORDINANCE CODE OF
THE CITY OF ATLANTIC BEACH TO ALLOW PARRING
OF TRAVEL TRAILERS, MOTOR HOMES, HAULING
TRAILERS OR BOAT TRAILERS IN RESIDENTIAL
DISTRICTS ON PRIVATE PROPERTY i17 FRONT OF
THE FRONT YARD BUILDING LINE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That Chapter 24, Sec. 29-163, (21 be stuck in its
entirety and change to read as follows:
"(2j Only one travel trailer, motor home, hauling tzailer or
boat trailer shall be permitted parked or stored on any lot in
residential districts as long as they are located entirely on
private property and don't create a traffic or safety hazard;"
SECTION 2. This Ordinance shall become effective immediately upon
its passage on final reading.
•Rf Rf kftfttftffftfttRttfttffffftlfltfftt lfffflttLfffffttfff
Attest:
MAUREEN RING, City Clerk WILLIAM I. GULLZPORD, JR.
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
r,,_.
i
Section 23-26 - 23-35 Reserved.
Section 2. Chapter 23, Art 3cle II. Rccurnulation of
Weeds, title is amended to "Rrticle III. Rccurnulation of
Weeds".
Section 3. Chapter 23, Section 23-29, Rrticle II. Re-
served fcr "Landscape Requirements".
Section 4. This Ordinance shall take place effect im-
mediately upon its final passage and adoption.
PASSED by the City Commission first reading, this _____
day of _______________, 1992.
PRSSED by the City Commission on second and final read-
ing, this _______ day of _______, 1992.
NRUREEN KING
City Clerk
Reproved as to form and correctness:
RLAN C. JENSEN, ESQUIRE
City Rttorney
-B-
~.
WILLIRM I. GULLIFORD, JR.
Mayor, Presiding Officer
Y
chapter shall be made to the Board. This request shall state
in detail what except ic•n is being sought and the reason such
request is warranted. The Beard shall grant, modify, er
deny each such request.
(b) During a period of emergency, such as a hurricane,
flood, c•r ether natural disaster, the requirements of this
Rrt icle may be temporarily waived by order of the Mayer so
that private or public work to restore the City will net be
i rnpa i red.
Section 23-24. Enforcement, Violations and Penalties.
(a) Notice of violation: When the Board has evidence
that a violation of any provision of this chapter has been,
or is, being committed, the Board or its Designee shall issue
a written notice upon the violator. The notice shall set
forth the nature of the violation and the period of time
allowed for correction of the violation.
(b) Rny violation of this Chapter shall be corrected
as follows:
(I) By replacing all trees removed without a permit.
The total caliper inches of replacement trees
shall equal the total DBH inches of the trees
removed. Each replacement tree shall have a
minimum size of (4) caliper inches, or
(2> By paying a fine not to exceed 6300.00 per DBH
inch of trees removed, or
(3) If the site has been clear-cut, by paying a Fine
not to exceed 61.00 per square foot of the total
property.
lc) R11 fines assessed under this section shall be pay-
able to The City of Rtlantic Beach. R stop work order shall
be issued, and shall continue in effect, until all fines have
been collected. No certificate of occupancy shall be issued
until all required replacement trees have been planted.
Section 23-25. Repeals.
R decision of the Designee may be appealed to the Board.
R decision of the Boartl may be appealed to the City Commis-
sion by filing a written statement containing the basis for
the appeal. The request for an appeal must be filed with the
City Clerk within ten (SO> working days following the Board's
decision. The decision of the City Corarnission shall be final.
_7_
5-
(a) No attachment, wires (ether than protective guy-
wires), advertising pesters, building permits, bench marks
or other such items shall be attached to any tree.
(6> Temporary protective barricades shall he erected
around all trees itlent ified for preservation. The barricatle
shall be erected ne closer than the drip line of arty tree,
er at a diameter ne less than five (v) Feet from the trunk
of the tree at its base-
(c) Protected areas shall be rnaint aired at their orig-
inal grade, with no trenching er cutting of any roots; there
shall be no storage of fill, or compacting of soil; no motor-
ized vehicles or equipment shall be allowed to traverse or
park within the protected area, and no dirt or any construct-
ion materials shall be stored within the barricades.
(d) Relocatior. of trees shall be supervised by an indi-
vidual trained in arboriculture, horticulture, landscape
architecture, forestry or other closely related field.
(e) The applicant shall not cause or allow the cleaning
of equipment, storage or disposal of materials such as paint,
solvents, asphalt, concrete, mortar, or any other material
within the tlrip line of the tree that may endanger the life
or health 'of the tree.
(f> Vehicular movement into and out of the construct-
ion site shall be confined to identified crorridors of ingress
and egress.
Section 23-22. Replacement and Maintenanre of Trees.
(a) Tree Replacement: Trees identified for removal may
be required to be replared with newly planted trees, trans-
planted trees, or trees existing elsewhere on the property,
all referred to as replacement trees. The number, size, arxi
species of such replacement trees will be determined by the
Board, not to exceed the total DBH inches of those trees re-
moved.
(b) Maintenance of Replacement Trees: property owners
shall be responsible for the continuing maintenance, watering
arxi protection of all replacement trees. Failure to maintain
replacement trees, or to replace these replacement trees
which have died, sha71 be deemed a violation of this chapter.
Section 23-23. Exceptions.
(a) p request for exception to any prevision of this
-6--
Section 23-19. Tree Removal/Rlteration Permit.
(a) Ne persen, directly or indirectly, shall cut down,
destroy, remove or move, any tree situated on property as
described in Section 23-18, without first obtaining a Tree
Removal/Rlteration permit. Written applications for this
permit shall be filed at City Hall in accordance with pro-
cedures determined 6y the Board.
(6> Ne persen, directly or~ indirectly, shall perfcrra
maintenance work or tree surgery on any tree without first
obtaining a Tree Removal/Rlteration permit from the board or
its Designee. R permit for the purpose of tree maintenance
is not required of an owner of a single family or tluplex
property.
(c) Rny department or division of the City of Rtlantic
Beach, or any independent authority or agency of the city
whits is authorized to provide utility service, shall oht aim
an annual permit to trio trees for nairrtenance purposes.
(d) No person, directly or indirectly, shall perform
site alterations which affect any tree on property as des-
cribed in Section 23-18 for the purpose of deyelopmerrt, re-
development or renovation without first obtaining a Tree Re-
moval/Rlteration Permit from the Board or its Designee.
Section 2320. permit Criteria.
In approving or disapproving permit applications, the
Board shall consider, at a winimum, the following:
<a> Rrry safety hazartl posed by specific trees to-peo-
ple, pedestrian or vehicular traffic, acrd adjacent buildings.
(b) Rny threat of disruption of public services posed
by a specific tree.
lc) The impact of tree removal on soil erosion or ret-
ention, and on surface water flaw.
(d) The land use and ground cover of surrounding pro-
perty arW the impact of tree removal on such property.
(e) The condition of the natural tree canopy of the
surrounding area and the impact of tree removal on that
canopy.
Section 23-21. Tree Protection Pratt ices.
R11 trees shall be protected from injury during land
clearing or construction in the following wanner:
-5-
4. --
Section 23-17. Tree Conservation Board.
la) There is hereby created a 7"roe Conservation 6oartl
comprised of five (5) citizens of the city. Each member
shall he appointed by the Mayor and confirmed by the City
Commission. The Board may appoint an ex officio member who
is an individual traineO in arboriculture, landscape archi-
tecture, forestry or other related field.
(6) It is the intent of this ordinance that the members
of the Board represent a cross-section of the community w
that the board is balanced among the various interests within
the City.
fc) R31 members of the Board shall be appointed for
terms of three <3) years and shall serve without pay. Vacan-
cies on unexpired terms shall be filled for the remainder of
the term in the sacie manner as the original appointrent.
Hoard members may not serve more than two (2) consecutive
terms.
(d) The wembers of the Board shall annually elect a
chairman and secretary. The Board shall hold regularly sche-
duled public meetings and may schedule other public meetings
at their discretion.
(e) The Board shall have the authority to issue per-
mits, grant exceptions, levy fines, and require replacerent
trees in accordance with the provisions and intent of this
chapter. The Board shall have the authority to regulate the
protection, waintenance and removal of trees on all property,
as defirx~d in this chapter. The Board ray supervise and irr
sped all work done under a permit issued in accordance with
this Mapter and shall have the authority to issue stop-work
orders for violations of the provisions and irrtent of this
chapter.
(f) The Board may delegate to its Designee the auth-
ority to issue permits and inspect all work done under the
provisions of a permit. The Designee, under the direction
of the Board, has the authority to issue stop-work orders.
(g) The Board way designate certain trees as historic
trees or as specimen trees, thereby affording such trees
special protection.
Section 23-18. Replication of the Ordinanre.
The terms and provisions of this chapter shall apply to
all real property within the City of Rtlantic Beach.
-4-
Site Rlteration: R change to existing grade of any
property.
Tree: Rny self-supporting, woody plant, including palm
trees, with a DEH of six (6) inches or greater, having a
single or multiple trunk, and which normally grows to a mini-
mum height of twelve t12) feet or more.
Tree rewoval: Rny act causing the el irninatien cr death
of a tree or any .change in its site location.
THE REMRINDER OF THIS PRSE LEF7 INTENTIONRLLV HLRNR
-3-
Section 23-16. Definitions.
Fc•r the purposes of this Chapter, the following words or
phrases shall be defined as:
Clear-Cut: The removal c•f a majority of trees, withc•ut
a permit, from arty site so that the size or identity of trees
removed cannot be determined.
DBH (Diameter Breast Height: The trunk diameter, in
inches, measured four and one-half (4 1/2) feet above the
average ground level at the tree base. Trees that fork shall
be considered multi-trunk trees and their DBH shall be deter-
mined by adding together the DBH of the two (2I largest
trunks at a height of four and one-half (4 1/2) feet above
the ground. Trees that fork between twc• (2) and four and
one-half (4 1/2) Feet shall be measured below the swell re-
sulting from the fc•rk.
Designee: A City employee designated to assist the
Board in carrying out its responsibilities and to act in
accordance with specific instructions issued by the Board.
Development, redevelop~errt, renovation: Rny construct-
ion for which a building permit must be issued. In the case
of vehicular-use, any preparation or paving of a site for the
purpose of vehicular-use.
Drip line: H vertical line extending from the outer-
most branches of a tree to the ground, to be no less than a
ten f10) foot circle from the renter of a tree at its trunk
base.
Historic Tree, Specimen Tree: A tree which has been
found by the Board to be of notable interest or value due to
its age, size, historic association, erolcgical value, un-
usual species or ronfiguration.
person: Rny irxlividual, corporation, association, or
other entity; or any agent or employee thereof.
Property owner: The person or entity shown as owner of
the property in the county tax rolls.
Protective barricade: R man-made barricade designed to
prevent disturbance of the tree's growing environment. The
barricade shall be substantial enough to keep out vehicular
traffic and all construction equipment and material.
_2_
qR
ORDINRNCE 95-92-53
AN ORDINRNCE RMENDING THE CODE OF ORDINRNCES OF
THE CITY OF RTLRNTIC HERCH, RMENDING CHRPTER 23,
VEGETATION, HY RMENDING ARTICLE II, TREES, TO
PROVIDE FOR TREE PROTECTION, TD PROVIDE FOR A
TREE CONSERVRTION HOPRD, TO PROVIDE FOR PERMITS,
TREE INSPECTION REPORTS, SITE ALTERRTIONS, RE-
MOVRL RND MRINTENRNCE OF TREES, PROVIDE FOR EN-
FORCEMENT OF THE ORDINRNCE RND PROVIDING FOR RN
EFFECTIVE DRTE, RPPERLS RND EXCEPTIONS.
BE IT ORDRINED BV THE CITY COMMISSION OF THE CITY OF
RTLANTIC 6EACH, FLORIDA:
Section 1. Chapter 23, Rrticle II title is amended to
read TREE PROTECTION RND MRINTENRNCE, and Rrticle II is amen-
ded by the addition of a Preamble and Statement of Intent and
Sections 23-23 through 23-29 are added to Rrticle II, and
Sections 23-16 through 23-19 of Rrticle II are amended to
read: TREE PROTECTION AND lWINTENiMICE -
The Purpose and Intent of this Article is:
~ To promote the health, safety, welfare and general
well-being of the citizens of Rtlantic Beach through
the preservation, corr~ervation aml proliferation of
trees and vegetation within the City;
s To protect and eManre the mature tree canopy of the
City as well as to encourage the development of ad-
ditional tree canopy;
• To promote and i.prove aesthetic integration of the
natural ar~d oan-made envirorrents in recrognition of
their meaningful contribution to the quality of life
of the eow:unity and its citizens;
w To promote the cronservation of energy, oxygen produr
tion, carbon dioxide absorption, and wildlife habitat
through the protection of trees on public and private
property;
rt To provide for the prevention of soil and beach ero-
sion and to contribute toward the reduction of noise,
dust and air pollution by the preservation and reten-
tion of trees and vegetative cover.
~, ,
[IIY Df AILAMTIC BEACH
/IDDET ADJUtiYEYT
[I[\FJt: . M-7 EifECTi VE DATF. 12-1<-9[
il[N: ltlent is IeerJt Wttr
Ar9eDM1AT IDYL ESTIMATED IEYEIEIE
ALTAYIT [D. ACfLWT iliLE DEIii C[EDIT OE11t UEDIT
ADD-OOm-7N-DODO d) Al laotlon of fW Mlerce 11[,%5
AW-EODI-SA-000 leprove~tte ONler Mrt IId1a. 71D,%5
anus one,%s tle,%s o
EIIM11YNTi0•S fl) In eaaM~ce o1M plea e.d [pets In Ii0 Yo. 9192.19
ellrrOrO M talulon m 9/1i/92. iuW sere enticipte0
to M ep~lt )n R 1991/92. Mted to reeppropriete
to iT i992M.
AMDDIm IT: [le lNleecY, City DetYyer
IIOA[® [T: [Irt YetOleM, ii:r:ce Director
uliluED n: [abrt [aeq, r.v. Dlrecter
Tawlssla Anla RWI[FD:
Tee DATE reE9AAED: a-a-92
CITY OF
l4flartie ~tuelc - ~laalda
eee sewlwEE wA~a
`.__. _. __. _ _. __._ _ ___ ATI,ANiiC aE1Ca, ElOY1M n2U-SiJS
~\ TEIF.PIIO\E 19BC13~1~5800
t l 1 EV(190I11(1-SI0.c
December 3, 1992
To: Kim D. Leinbach, City Manager ~y~
Prom: Kirk R. Wendland, Finance Director 71-~
RE: Funding For Watermain Replacement
During the Piscal year 1992/93 budget process, Bob Kosoy and I attempted
to estimate expenditures for the year ending September 30, 1992, in
order to project funds which would be available for the ensuing year.
At that time, Sob felt the vatermain replacement for 1st, 9th and 11th
ctreets vovld be completed prior to September 30, 1992. We shoved these
funds as ^pzojected^ to be spent in our analysis of the 1991/92 fiscal
year. Obviously, on the anticipation of spending these funds, ve did
not budget for their expenditure in this current fiscal year. The
City Commission awarded the bid for the work on September 14, 1992.
However, none of the funds were spent in FY 1991/92.
This timing difference will result in a higher Pund balance at the
beginning of this fiscal year. However, the monies need to be
reappropriated in order to pay for the project.
Therefore, I have attached a request for a budget adjustment and will
ask the City Clerk to prepare a corresponding resolution.
~ t3
RL~9(HlR'iQi tA. 92-39
A R~.QPLW 1RAlSPffimIIiG CHIN lQ~+S BBTiH+N PRi15
WNERE7S, the City Charter of the City of Atlantic Beach r[gui_tvs
that the City Cumussion approve all budgetary increases and transfers
fran one ford to another, and
Wt~'A.S, the natuty of budgetary systacs and those day to day
decisions affecting such budgera,y systerts rte,; rP adjustment fmn tyre
to time,
fXJW, Tf~'ORE, BE IT RESOLVED by the City Commission of the City of
Atlantic Beach, that the attached Budget Adjw^tnent Mo. BA-7 be approved
for the 1992/93 budget.
Adopted by the City Camnission Dec~d~er 14, 1992.
x x x x • r • x • r r r
Willivn I. Qrlliford, Jr.
MAYOR
Approved as to form and correctness:
Nan C. Jensen, City Attorney
Maureen ICinq, City Clerk
~ -:°.. .
I..
Resolution /~92-37
A Resolution of the City of Atlantic Beach
In Reeard to the appropriation of Funds for the
lst_Phase of the TownCenter Pro'ect
WHEREAS, the goal of the TovnCenter Proj ec[ is to create a Beaches
community TownCenter, which serves as a place of identity for
people of the Beaches, as well as a gateway for Greater
Jacksonville. The primary feature of TownCenter will be a
tree-lined avenue and brick paved sidewalks on the north and
south sides of Atlantic Boulevard from Third Street to the
Ocean. Additional phases of the project will extend these
same streetscape features north on Ocean Boulevard and south
on First Street to Orange Street.
WHEREAS, another goal of TownCenter will be to create streets
which enhance the compatibility of cars and pedestrians. This
will be achieved by additional and more clearly defined
parking areas. Pedestrian safety will be improved by
narrowing the street and the creation of enlarged sidewalks.
WHEREAS, by refining the character and ambiance of the key center
of the north beaches community, both Atlantic and Neptune
Beaches will make an important future investment For all area
residents. TownCenter can become an impetus for controlled
growth and economic stability for the area. Finally,
.TownCenter will give the beaches a positive identity and a
pride of place.
WHEREAS, the 1st Phase will consist of the area beginning at Ocean
Boulevard and First Street to the Ocean in both Atlantic and
Neptune Beach with plans to commence construction in the early
part of 1993.
WHEREAS, this is an appropriation of the convention development
tax funds in accordance with the law authorizing such tax;
NOW, THEREFORE, BE IT RESOLVED, that the City Budget of 1992/1993
under special revenues, the Convention Development Tax Fund is
hereby amended to provide E25,000 as an appropriation for the
construction and development of Phase 1 of the~'nwnC.anror o..,; e,..
ATTEST:
Maureen King, Wi liam I. Gu
City Clerk Mayor/Presiding
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorne}•
~f~._
F
iS
S'
M'
0.00.0.ER: G-6
fUD: Cam. Dev. Tu L Cp- Proleats
ACONIT Ip- ACCOWT TIiIE
120-0000-211-0000 (1) :om. Ow. Tu - hntl Belerce
120.0000-50.1-9107 Trersfer <o Cpitsl Projecb
300.0000.7!1-70W (2) Tr~:tfer fraR [onv. Dev. Tu
700-0000-SR-6700 Iaprorsenn 0[her [hen 0.1d9s.
TorA(s
clrr of ATUllnc 6EACx
BUDGET AIIJUSTIRMT
Ef fER IVE DATE: 12-1<-92
fUMO BALANCE
APPRWRIATIDMS REVENUES
----------------- -----------------
DEBIT CREDIT DEBIT CREDIT
25,000
25,000
25,000
25,000
o so,oao sD,aoo 0
EVWYIT 100.: (1) Truafen Cmeentim Developeert Tu fvd belarce to
the Cpitel 9rojects dd9et.
(2) ReuivM TM trenafer fra Cmven[im DewloTeeen[ Tu
~ pRroprietea the fm:b to be cmtri D:fted to the
Tpn Curter Project to help fmd :ecde6 iprorentnts.
APMOVED 0.V: 0.i Lei:bech, City Ilsrper
PlA70.ED 0.y: [irk Yedl~d, firwre Director
10.1TIAiFD 0.y: 0.eeelutim 92-37
[YRII0.5101 ACT100. REDOIRED: rK DATE PREPARED: 11-30-92
LR
1~9IHfTfIQi TD. 92-38
A I~DPiQi 1FAl~tII~G CF~IN MQIIPS BSLS~ffi7 PSt-I76
Wt~[EFAS, the City Charter of the City of Atlantic Beach red,; res
that the City Cpnnission approve all budgetary increases and trans fens
frvn one ford to another, and
WHEREAS, the nature of budgetary systems aryl those day to day
decisiaLS affecting such budgetary systems require adjustment fmn time
to time,
NC7W, 4f1EREF'ORE, BE TT RES'~OLVE9 by the City Commission of the City of
Atlantic Beach, that the attached Budget Adjustrpnt No. BA-6 be approved
for the 1992/93 budget.
Adopter] try the City Ccrmission ~r 14, 1992.
: • t • r : : : • • x • x
William I. Glrlliford, Jr.
MAYOR
Approvr>d as to form and corrx±ctness•
Alan C. Jensen, City Attorney
Maureen Ring, City Clerk
_,_._
~~~~~
c1rY oe AnwNTIC apwca
clTY canassloa MRerINc
sTerr Reroer
AC,BmA TT@1: REPORT ON USAGE OF ADELE GRACE COMHUNITY CENTER FOR NOVERNBER 1992
SBBIITY® BY: ROSE H. BLANCHARD
DATE: DECEMBER 8, 1992
BA(ZGRODA/: REGULAR MONTHLY REPORT
The total number of residents occupying the Center,
during the mooch of November is 616 people. These are divided between the
performances of ABET, rehearsals and visits as yell as regular meetings.
NONE
~7sy~g; NONE
Y6VI®® BY CITY NAAAGEf; /~ l/V .f/M/i q
dGEI®A ITEM ND. ~ U
~_.
H
C
C.
11~
r 1. rr or Ru nr+ne tee.: r..
cirr coMMlssloM Meerluc
IRFR c FORT
'. ii`^DR IlEii: Pt.. ,-.a ri r.ari U(tGmmi-n doll one.
.11U.'1l(IrU UY: U.:vid 1. Thompc on, Chi::t nP Policv
a 1: 1: ..1; nllrlr„ ;, :- r_u: n._rUh:.r .. 1`+H F' i;irv Ce^:mi s•. ion Mao ri nq, Ms. Gregg asked
:!'. _~ ~,. .,n .:-.,- JI P; cl:-l+i :.,-,. ['+.-!, :. „ us.i nn ~la.~ Fe:.d. end 21
I..+. rr,.r`.., '., +:;,.. ..~ cny,~t Pr.l me. Ur.-c ::nd %1'_, Read r, make it a .,-way stop.
.. _. r ....- .. ,, I'u'. [;:... .. ..:y ;:bout the ides. Me indicated
_.. ~ ~ .. ,~ .._ i ... .:. -tq- ~ fr.r usage by large true r.s it would
_ -.. ,. .... __ _ .. -n.. r._ .nb~r ouC LhaC Che City sani [a tl an Crutke
.. .., _ ... r.:,~ -i"~ to~,.~d co n: o....ity, and el imi na ti nq the use
- ... _,: r du.: i;urden on f,i1y opt rati ons. Ne also
....•. .. .. .. -,~.: ,- ...,r .. ,,, other Pl:,c es chat have Tried to prohibit such
.. .. _.-. ~. .. 'a:~•~p o. cen test Lhe c..>e in court. Res tr is flog such a major
,.. , ...ee :.u.' ..:y would net be practical.
-r.~m. a law enfri rc em~:nr perspze ti ve, [he prohibition of trucks on Plaza would not
,: tea sib le. Ihero arc naiyhbo rhoods where access requires driving on Plaza
zoos. and we havo an cbliga tiun to allow that access. If City sanitation tr'uc ks
vre going to continue to use Plaza, then en fo rc emeni of such a restriction on
Cher trucks would be inappropriate.
,dative to the intersection of Plaza and Royal Palms, members of our Police
r ratfic Unit and other pau'ol officers have expressed their opinions. They have
+bce rued the traffic problems which occur on Plaza, especially in the early
horning hours. The tr'afH c sometimes backs up from Mayport Rd. all the way up
'lazy a: tar as the eastern section of Sailfish Orive. The primary reason for
Chis back,-up is Che light located at Mayport Road and Plaza. Because of the
reavy traffic to the Mayport Base, the light is timed io expedite traffic toward
-'he base. Rs a result. the Craffic from Plaza onto Mayport Road backs up.
rf fleet ~. have indicated that adding a traffic can trol at Royal Palms and Plaza
!ould nor roi.olve this problem. The back-ups would continue. and the estop
fights or Stop Siyns would not alter Chis problem. Officers also pointed out
'hat the nrob l.em -<ists for a very short rime over Che cnu r:.e of the week.. and
.he addi [i on of rraitic controls would alter the tn,ftic Clow and inconvenience
rc nri.s t•. days .: -ek. !~] hours o day.
1 [OMMC MORTICN': ihr Police Dr•parrmenS rcoc,mrnds that we do not prohibit
r ur.k=. cn k)cza ~:oed.
be Police U~-par tmont rec Dolmen AS. that we d:'. not oAd SCOp Siym~ nr other traffic
•,uCr ot~-. t. ,.oral !:n.. :,nd Pla.. .,.
it ~:. Pal iro Ur~p,:r ri;,,nC will contact the State Oepa r'tmenC oT Transporta Cion about
h- tr ,tlic Gar%;-up cau~.e4 Gy the Uhr ;~ riaza and Mayport Road, and wr. will
r~; rn nbl :,[n .eii is.t unr r'• zrivr nq ih r. ninq n( the light.
:: ~.'icwul r.. cl,r nowt rLt:
- L(-j
o
- .
xF^~~ --- 5A
0 ~//
G ni ~IUin tu.M r:u.
~r"._
~+ A
CITY OF
r~tlantie " - ~loalda
eoo sewvuLe aoAo
ATLA.tiTIC wa'efN, FInRIM JS]315M9
TELEPRO~'E 190112lFSI00
FA% 190112(1-SIDS
Deca:i6er 8, 1992
1b: The Hororable Mayor and City Conmissioners
Fran: Maureen King, City Clerk
SLbject: BDAF9) API0IITII3fNI5
The following information is provided to assist you with board
appointments which still need to he made.
ODDE FIgORCFF2~4IdP BOARD:
Dr. John Venn 5 ^- -- Bonrer were reappointed to the Code Enforcemnt
Board on Cxtober 12, 1992, ald Itathleen Russell was appointed to the
Code FhfozoemPnt Board on November 9, 1992. The subsa7uent death of
Crne Montanye created an additirnlal vacancy on this board which needs to
be filled.
CL,<43R7ITP DEJE[UPMENf BOARD:
Na'se ExpiJ3tion Date
Pat Pillmore Deoanber 31, 1992
Sanlel T. Bowie Oeoanber 31, 1992
PENBICN BOARD:
Rirhari E. calite Decalber 31, 1992
Ronald wirlgate Deoembsr 31, 1992
TPF£ OOtSERVATiOTd BOARD:
Carolyn words January 31, 1993
Jim Pelkey January 31, 1993
ltrnus Frohne January 31, 1993
'I
~~
Y.
Crnments
Appointed 12-9-91 to fill
unexpired term of Johnnie
Bass
Appointed 1-26-87
Appointed 1-26-87
Appointed 1-26-87
Appointed 1-22-90
Appointed 1-22-90
Appointed 10-19-91 to fill
unexpired teem of Dearond
waters
L'
Page 2
Minutes of Special City Commission Meeting
Wednesday, December 2, 1992
A discussion ensued concerning the possibility of retaining Mr,
Jarboe on a permanent basis. everyone agreed that Mr. Jarboe was
of great help to the City and~it was unanimously agreed that
efforts should be made to try to retain Mr. Jarboe as a permanent
employee.
A discussion ensued concerning the Temporary Employment Agreement
and it was explained the Agreement was an extension of an existing
contract which was effective beginning April 27, 1992.
It was decided to amend the first paragraph to indicate the
agreement was executed on the 2nd. day of December, 1992 instead of
the 27th day of April, 1992, and to amend the amount of
compensation in Paragraph 3 to S37,000, instead of S82,215. It was
decided to indicate in the agreement that no monies to tund this
contract would come from Reserve Funds, and Kirk Wendland was
requested to furnish a report indicating where the funds would be
derived.
Commissioner Fletcher made a Substitute Motion as follows:
Authorize execution of the Temporary Employment Agreement between
the City of Atlantic Beach and James R. Jarboe with the following
amendments: (a) no monies to fund the contract would come from
Reserve Funds, with a report being furri shed to the Commission
indicating where the funds would be derived (b) the agreement
would be executed December 2, 1992 and continue no longer than
June 30, 1993 (c) the City agreed to pay a sum not to exceed an
aggregate of 537,000. The motion was seconded by~Co®eissioner
Tucker and was unanimously approved.
Ray Salman indicated the Community was aware of Mr. Jarboe's
support and assistance and heartily supported h.is being considered
as a full time employee, and he asked the Commission to place this
in a form of formal motion.
It was moved by Commissioner Tucker to authorize the Mayor to
engage in negotiations with James R. Jarboe, with the assistance of
the City Manager to seek funding for the proposed position of
Deputy City Manager, and to inform Mr. Jarboe that the full City
Commission endorses this action. The motion was seconded by
Commissioner Edwards and was unanimously approved.
The Mayor referred to the request of Commission Fletcher to close
Atlantic Boulevard from Ocean Blvd. to the beach on December 6,
1992, for the Town Center Holiday Fest, "Singing in the Streets."
S--
~'
I
MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACN~CFTY~COI4fISSION
XELD IN CITY HALL, 800 SEMINOLE ROAD', AT 6:30-P. M. ON WEDNESDAY,
DECEMBER 2, 1992
Present: William I. Gulliford,. Jr., Mayor
Glenn A. Edwards
Lyman T. Fletcher and-..:. _ ..
Adelaide R. Tucker
And: Trudy Lopanik, Substituting for City Clark
Kirk Wendland, Finance Director
Alan Jensen, City Attorney
Commissioner Dezmond Waters and City Clerk Maureen King were
excused.
The Mayor called the meeting to order and explained the following
items would be discussed:
1. Discussion and related action regarding the City's contract
with Jim Jarboe
2. Discussion and related action regarding Town Center's request
to close Atlantic Boulevard from Ocean Blvd., to the beach,
December 6, 1992.
The Mayor asked Kirk Wendland, Finance Director, to explain the
proposed Temporary Employment Agreement for James R. Jarboe. Mr.
Wendland explained the agreement extended the temporary employment
of Mr. Jarboe until June 30, 1993 (copy of the proposed agreement
is attached hereto and made a part hereof). He added the present
agreement was effective until December 2, 1992. iie referred to
Paragraph 4 and explained the aggregate sum of SH2,215 referenced
in Paragraph 3 included 510,000 of Community Development Block
Grant funds, which could only be expended for work performed on
projects which were CDBG eligible. He added if Mr. Jarboe
performed CDHG eligible services in an amount less than 510,000,
the aggregate sum of the contract would be reduced by the amount of
CDBG eligible funds not expended- Tbe.Mayor .rP-ferred.to Paragraph
7 and indicated the dates of employment were incorrect and should
read as follows: the employee's performance shall commence on the
2nd of December, 1992 and continue no longer than the 30th of June,
1993.
Commissioner Tuckez moved for Authorization of the Temporary
Employment Agreement between the City of Atlantic Beach and James
R. Jarboe. She added the Agreement shall be amended as follows:
Paragraph 7 shall read "the employee's performance under this
agreement shall commence on the 2nd of December, 1992 and continue
no longer than the 30th of June, 1993." The motion was seconded by
Commissioner Edwards.
Page 11.0
Minutes of joint meeting of City Cnnnission afd Tree Boan3
Mayday, November 30, 1992
The Mayor felt the ordinance discrinunatvd against developers =_ince they
were required to ccnply with the regulations but har~eo+mers were i
exerted frrm those regulations. fie suggested rte,; ring both developers j
aId homeowners to replace :sees on score established ratio. EUrther
discussion ensued and it was thy. ga-neral mnseruus that the city did
have the right to regulates the removal and planting of trees in a
similar manner to which otMr matters are regulated throughout the city.
In further discussion the follvring were identified as desirable goals '~
to Ir achieved t}nrough passage of a tree pmtection ordinance: I
protect the ~~beaat•~ and~amiqur_ness of Atlantic Beach, provide wild life •
habitat, protect property values, and saves the maximum number of trees. ,
Following further discussion a seco:d ma2tinq to continue discussions of
the proposed tree orainance by the City Cartnission and Tree Board was
scheduled for 7:00 PM on 'Thursday, DecctNaer 10, 1992.
'there being no~ further dis<vission, the Mayor declazed the meeting
adjourned at 30:55 [~f. ,
Maureen King, City Clerk
r
!@II1~S GF THE Vi~P lEI.'TRG Q+ TBE CITY ~lQSSIQ7 ATD 1Td~8
PR65tI2HA1TON H[Yi[~ IIi CITY HAIL, 800 58~E IC1~1D, AT 7:30 R1 ON
lQIIAY, Ii7VH~R 30, 1992
PRESENT:
City Commission:
Willi vn I. Gulliford, Jr., Mayor
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Ttrker
J. DeanDrd Ykitr_rs, III
Tree Conservation Board:
Carolyn Woods, Chairman
Jim Pelkey
Thrmns Frohne
John Weldon; Jr.
Anj: ... Kim D. Ieinbach, City Manager
Alan C. Jensen. City Attorney
Maureen King, City Clerk
~:
TM meeting was called to order by Mayor Clilliford. Fte explained the
meeting had been scheduled to provide an opportunity for the City
C'rnmission and Tree Conservation Board to discuss the proposed revision
of the city's tree protection ordinance. He indicated the purpose of
the revised ordinance appeared to be different fran the original
ordinanr. arcs M felt the purporr of the ordinance needed to be
clarified and a car~ra;ti.se reached that mould he acceptable to all
carcer~l.
Cannissioner Fletc!r_r felt the major propose of the ne,/ ordinance was to
provide for tree protection on residential property as well as property
being developed, and to protect and maintain the beauty and uniqueness
of Atlantic Bench.
Crnmissiorer Waters felt some legal problE,ns relative to the existing
ordirranoe needed to be resolw_d. He also indicated he would like to see
the revised ordinance written in such a way as to re3uire rro net loss of
trees.
Following further discussion, the proposed ordinance was reviec~l,
section trr section, beginning with definitions. '17w following changes
were recamierc3ed: Page 2, Definition of DBH (Diameter Breast Hight ...
"Trxs that fork shall be considered nulti-trunk trees and their DBH
shall bP determined Iry adding togetlr_r the DBEI of the Me-42} three (3)
largest trunks"...; Definition of Drio Line, "A vertical line exte_ndinq
from the outermost branches of a tree to the gzorud, to be.m less than ,
a ten {}g}-feel-eire~e five (S) foot radius fran the center of a tree at
its trunk base."
Page 9
November 23, 1992
provide the Commission with a written report.
Co~nissioner Waters commended the Police Chief for
providing the grant that made it possible to improve the
facilities in Donner Park, and he indicated the park had
been used to a great extent.
The Mayor referred to the Newsletter and indicated it
would be necessary for the Commission to make a policy
decision concerning advertising in the Newsletter.
There being no further business the meeting adjourned at
10:45 p. m.
Maureen King, City Clerk
•am ..
Mayor/Presiding Officer
it
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November 23, 1992
and (F) Prioritization of
Capital Improvement Projects,
contained in the Water and
Sewer Committee Report dated
November 17, 1992, copy
attached hereto and made a part
hereof
The Mayor explained anything the City would do as a
result of the motion would require Commission action and
approval. The motion would enable the Water and Sewer
Committee to solicit bids for the specific work and to
seek financing. In order to enter into any type of
agreement; however, formal Commission action would be
necessary.
The question was called and the motion carried
unanimously.
B. Engineering proposal for Church Road roadway
improvements (East of Mayport to Francis Avenue)
Bob Kosoy explained Church Road was paved on the West
side of Mayport Road and was owned by both the City of
Atlantic Beach and the City of Jacksonville. The east
side of Mayport Road was a dirt road but was a major
thoroughfare, had a signalized intersection, and the City
would like to install paving, drainage, and a water line.
Notion: Approval to engage Connelly
5 Wicker for a fee not to exceed
S7, 000 for design and preparation of
plans, permit, and specifications
for roadway improvements to Church
Road East and a waterline Extension
on Francis Avenue to Simmons Road
City Manager Kim Leinbach reported he was informed the
City of Jacksonville had elected not to participate in
improvements to Church Road.
The question was Called and the motion Carried
unanimously.
9. Citv Manager Reports an~or Correspondence;
Kim Leinbach, City Hanager, reported concerning a
Legislative session he attended in Tallahassee. He
reported cities were being threatened with intrusion to
home rule, such as the state monitoring the pension funds
of Cities, and many other items. He indicated he would
CO~~~ I M S Y N
Edwards ~ x
Fletcher I x
Tucker x x
Na ters I x~ x
Gulliford ~ x
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Page 7
November 23. 1992
Buccaneer Wastewater Plant Site. Ne indicated the
property was 2.8 acres in size and was needed desperately
for expansion of the plant. It was determined the City
had not obtained an appraisal of the property but it was
felt the property, because it was zoned commercial, was
fairly priced. It was explained the property surrounded
the City's sewer plant, and the sellers were advised the
property was worth at least 5250,000. Alan Potter
reported Harold H. Crum, partner of C 6 5 Development,
offered to manage the mobile homes on the property for a
period of one year, to give the City the statutory time
to relocate the trailer owners at which time it would be
the City's responsibility to offer the trailer owners the
nearest comparable mobile home. _ .
Motion: Authorize purchase of
property adjacent to City's sewer
plant currently owned by C fi S
Development, in the amount of
$225,000
Commissioner Waters suggested setting aside the valuable
parcel of land fronting Mayport Road to be resold in the
future.
The question was call and the motion carried unanimously.
(a) Approval for the water and Sewer Committee to
seek interim financing for the following items
contained in their report dated November 17, 1992,
copy attached hereto and made a part hereof: (A)
Funding for land acquisition at buccaneer
Wastewater Treatment Plant; (D) Obtain RFP's for
wastewater Treatment Plant Expansion; (F)
Prioritization of Capital Improvement Projects
Motion:
Committee
items (A)
eucraaeer
RFP's fOr
Approval for Water and Sewer
to seek interim financing for
Funding for land acquisition at
Wastewater Treatment Plant; (D)
Wastewater Treatment Expansion;
e
NAME OF
COMMAS.
bl
S V
Y V
N~
Edwards x
IFletcher x x
iTUCker x ~
~ Waters x x
GUlliford x
Edwards
I x x
Fletcher x
~Tuckez x x
Waters
l x
Gullif of d x
,,,~. ~..~,c- _
Page 6 N~EOF v y
November 23, 1992 COMMRS. M S Y N
meetings, he would make appointments, with the approval
of the Commission.
5. Consent Agenda:
A. Water and Sewer Committee report
B. Update report on 32 cubic yard sanitation vehicle
C. Acceptance of water and sewer lines for Cypress Creek
Subdivision, Phase I
Motion: Approve passage of Consent
Agenda
Commissioner Fletcher gave a short summary conr_erning the
Water and Sewer Committee Report, said report is attached
hereto and made a part hereof. It was decided to obtain
Commission authorization for funding Items A (land
acquisition at Buccaneer Wastewater Treatment Plant); D
(authorization to obtain RFP's foz Wastewater Treatment
Plant Expansion; and F (authorization to prioritize
capital improvement projects) as Item 8 (a) of the
agenda.
No discussion before the vote. The motion carried
unanimously.
6. Resolution•
A. Resolution No. 92-34: A RESOLUTION URGING THE
CONTINUATION OF FUNDING OF THE ST. JOHN'S RIVER
(MAYPORT) FERRY
Motion: Approve passage of
Resolution 92-34
No discussion before the vote. The motion carried
unanimously.
7. Ordinances•
A. Ordinance lf60-92-51 - This was acted upon earlier in
the agenda.
H. New Business:
A. Offer made to the city for proposed purchase of
property currently owned by CfiS Development
Bob Kosoy presented a request from the Water and
Wastewater Utilities Committee to purchase property from
C S S Development in the amount Of 5225,000 t0 expand the
Edwards
Fletcher
Tucker
waters
Gullifor
Edwards
Fletcher
TucKer x
waters II
Gulliforp
x
x
x
i
F
.`
)
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Page 5
- ~ ~ -- NOVuber 23, 1992
Motion: ~ Approve passage of
Resolution 92-36
The question was called and the motion carried by a 3-2
vote, with Commissioners Edwards and Tucker voting nay.
item 68 was taken out of sequence and acted upon at this
time.
B. Resolution No. 92-37: A RESOLUTION IN REGARD TO THE
APPROPRIATION OF FUNDS FOR THE 1ST PHASE OF THE TOWN
CENTER PROJECT
Mayor Gulliford presented in full, in writing, Resolution
No. 92-37.
Motion: Approve passage of
Resolution 92-37
A discussion ensued relative to matching funds with the
City of Neptune Beach, but it was felt the City of
Atlantic Beach should move ahead with the project. The
City Manager reminded everyone that this matter would
require a budget adjustment.
The question was called and the motion carried
unanimously.
4. Old Business:
A. Appointments to Code Enforcement Board, Community -
Development Board, and Pension Board of Trustees
Mayor Gulliford presented appointments to the Code
Enforcement Board, Pension Board, and the Community
Development Board. Mayor Gulliford informed the
Commission that the recent death of Gene Montanye
necessitated a new appointment on the Code Enforcement
Board. He reported Ron Wingate, a member of the Pension
Hoard, was a resident of Atlantic Beach.- Commissioner
Waters suggested the appointment of Lou Waters to the
Code Enforcement Board, the appointment of Mary Walker to
the Community Development Board, and the appointment of
John Fletcher to the Pension Hoard. Commissioner Waters
added that he wanted to correct any impression he might
have made concerning the appcintment of Herb Moller; he
indicated he would be happy to see Mr. Moller appointed
to any City Board.
Mayor Gulliford stated he would like to meet with Lou
Waters, John Fletcher, and Mary Walker and, following the
NAME OF
COMMAS.
M
S ~
Y V
N
Edwards x
Fletcher x x
Tucker x
eaters x x
cullifard x
Edwards x
Fletcher x x
Tucker x
waters x x
Gulliford
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Page 9
November 23, 1992
V V
NAME OF
COMMAS M S Y N
~-
and explained how the rates were determined.
It was pointed out that most nearby government entities
charged more for water and sewer than Atlantic Beach.
Edwards
Fletcher x
Notion: Approve Ordinance 80-92-51 ITUCker
on Final Reading Waters x
Gullifoca
Commissioner Fletcher asked Joe Welch, Purvis fi Gray, if
reducing the 50,000 gallons cap of quarterly consumption
of sewer to 90,000 gallons cap would have a
financial impact to the city. Mr. Welch indicated
reducing the cap in the proposed ordinance from 50,0000
to 40,000 wow id not Financially impact the city. Kirk
Wendland, Finance Director, agreed reducing the amount of
gallons from 50,000 to 40,000 would not financially
impact the city.
Edwards x
Substitute Motion: Approve Fletcher x x
Ordinance 80-92-51 on Final Reading, ITUCker x
as amended. -Amendment as follows: waters x x
Cap of quarterly consumption of Gulliford x
sewer shall be 40,000 gallons,
instead of 50,000 gallons.
No discussion before the vote. The motion carried
unanimously.
Resolution No. 92-35: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH ACCEPTING THE PURVIS, GRAY fi COMPANY
FINANCIAL ANALYSIS OF THE ATLANTIC BEACH WATER AND WASTE
WATER UTILITY SYSTEMS AND APPROVING THE IMPLEMENTATION OF
THE RECOMMENDATIONS THEREIN.
Mayor Gulliford presented in full, in writing, Resolution
No. 92-35.
Edwards
Motion: Approve passage of Fletcher Ix x
Resolution 92-35 Tucker x
(Waters x x
The question was called and the motion carried by a 4-1 Gulliford x
vote, with Commissioner Edwards voting nay.
Resolution No. 92-36: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH ADOPTING A WATER AND SEWER UTILITIES
CAPITAL ~INPROVEMEWTS-PROGRAH, PROVIDING AN. EFFECTIVE
DATE.
Mayor Gulliford presented in full, in writing, Resolution
No. 92-36. I
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Page 3
November 23, 1992
the improvements needed within the City. The Committee
was comprised of citizens, an engineer, and city staff
who met once a month and studied the matter in detail.
Mr. Kosoy introduced members of his staff who gave the
following presentations: Tim Townsend, Atlantic Beach
Utility Plant Division Director, reviewed water and sewer
capital improvements; Mr. Kosoy reviewed the Buccaneer
Plant and collection and distribution lines, and Barry
McNally, Buccaneer Utility Plant Division Director,
reviewed the Buccaneer water and sewer Capital
Improvement schedule. Following the presentations, Mr.
Kosoy commended Messrs. Townsend and McNally for the
excellent work they had performed. Mr. Kosoy explained
the city faced regulatory agency mandates, fines,
potential emergencies and higher costs if the problems of
the city`s aging and maximized water-and sewer systems
were not addressed row.
The Mayor explained the Water and Sewer Committee had
devoted many hours to studying the proposed work_ He
reported increased revenues generated by the rate hikes
would be used to finance about 510.5 million in
improvements to the city's water and sewer plants. He
explained regulatory mandates did not give the City a
choice and that fines would be levied if improvements
were not made.
Following the presentation by City Staff, the Mayor
opened the floor for a public hearing and invited
Comments from the audience.
Oceanwalk residents objected that their bills reflected
artificially high rates because much of the water that
flowed through their meter was used on their lawns.
However, they felt they were billed for an equal number
of gallons for wastewater. It was suggested that the
city levy a flat quarterly fee equally divided among
households rather than increase rates,' but the Mayor
explained that method would not be allowed because
regulatory agencies required that rates be tied to
volume. The Mayor recommended that residents who water
their yards frequently invest in a shallow well.
Residents of Mayport Terrace and Atlantic Village mobile
home park Complained that they were living on low
incomes and, because of the proposed raise in water
rates, rents were going to have to be raised.
Joe Welch, Purvis 6 Gray, summarized the work of his firm
r a , , .
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Barbara Bonner, 963 Selva Lakes Circle, referred to an }
article that appeared in the Beaches Leader concerning
the parking of recreational vehicles. Ms. Bonner advised
Comments were attributed to her in error.
James DeLOach, Saratoga Circle North, spoke concerning a ~
drainage ditch behind his house, located behind Aquatic
Gardens. He indicated the State was supposed to keep the
ditch clean; however, it had not been cleaned for some
time. Barbara Bonner indicated she had contacted Mr. ~
1
Mann, Department of Transportation, concerning cleaning '
the ditch and she offered to contact him once again. Bob
Kosoy also indicated he would call Mr. Mann concerning ~
this matter. I
The Mayor thanked Barbara Bonner for the Care She had
given to the garden where the "Welcome to Atlantic Beach"
sign is located.
3. AopearanCes-
A. Recognition of the Haskell Company (this was
discussed earlier in the agenda)
Item 7A was taken out of sequence and acted upon at this
time.
A. Ordinance k80-92-61 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
RENUMBERING SECTIONS 22-16 THROUGH 22-21; AMENDING AND
RENUMBERING SECTIONS 22-22 THROUGH 22-29 AND AMENDING
SECTIONS 22-166 THROUGH 22-172 TO PROVIDE FOR MONTHLY
BILLING; CHANGES TO THE BILLING RATES FOR WATER AND SEWER
SERVICE; CHANGES TO CONNECTION CHARGES; PROVIDING FOR
SEVERRBILITY; PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance
#80-92-61, said ordinance having been posted in
accordance with Charter requirements. Mayor Gulliford
announced, prior to opening the floor for a public
hearing, City staff would give a presentation explaining
the work schedule for water and sewer imp-ovements and
why it was essential that the improvements were
implemented.
Bob Kosoy, Director of Public Works, gave a presentation
concerning the Five Year Capital Improvement Plan. He
explained, in order to provide the best possible
information to the City Commission, in January, 1991 the
Mayor had appointed a water and Sewer Committee to study
r
h
MINUTES OP TH£ REGULAR MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15
PM ON MONDAY, NOVEMBER 23, 1992
PRESENT: William I. Gulliford, Jr., Mayor
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners
AND: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Gulliford.
Commissioner Fletcher offered the invocation and asked
for a moment of silence in memory of Gene Montanye, a
well known citizen of Atlantic Beach who had served on
the Code Enforcement Hoard. This was followed by the
pledge to the flag.
1. Approval of the minutes of the_r~ular meeting of
November 9 199.2,..
Motion: Approve minutes of the regular meeting of
November 9, 1992.
No discussion before the vote. The motion carried
unanimously.
Item 3A was taken out of sequence and acted upon at this
time.
Mayor Gulliford presented representatives from Haskell
Company with a plaque in honor of their commitment to the
City in correcting the Fleet Landing drainage problem.
2. Recognition of visitors:
Anita Jarvis, 2753 Mayport Road, Lot 39, asked the City
for assistance in cleaning Sherman Creek. The Mayor
explained the creek was not within the. jurisdiction of
the City and, thus, the City had no control. He
suggested contacting Councilman Dick Brown for
assistance. He also advised he would bring up the matter
at a meeting with Jacksonville. Bob Kosoy was asked to
Contact Ms. Jarvis to follow up the matter, and City
Manager Kim Leinbach offered to contact Bill Snyder, City
of Jacksonville, for assistance.
ME OF
COMMRS.
M
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E
C
O
N
D V
O
T
E
D
Y
E
S V
O
T
E
D
N
O
Edwards x
Fletcher x
Tucker x x
waters x x
Gulliford x
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F. Appeal of variance denial by Community Development Board
[o construe[ a screen enclosure in violation of rear setback
(Margaret Cresson) (City Planner George Worley)
C. Appeal of variance denial by Community Deve lopmenc Board request
for variance to retain an unpermitted screen enclosure
(Lori Neske th) (City Planner George 1lorley)
R. Appeal of variance denial by [he Community Deve lopme n[ Board
co park an RV in the front yard se[ back (Clyde Asbury) (City
Planner George Worley)
I. Appeal of variance denial by Community Development Board [o
construct a garage apartment on a substandard lot (Townsend
Hawke s) (City Planner George Worley)
J. Final plat approval for William Morgan (Cicy Planner George
Worley)
9. City Manager Reports and/or Correspondeote:
10. Mayor to call on Ci[y Commissiocers, City Attorney and Ci[y Clerk:
A. To se[ holiday hours for Christmas eve day
Ad]ournmen[
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CITY OP ATf1lNTIC BEACN
REGOLAR !!FETING OP THE CITY COlRQSSION, DECPIBER 14, 1992, 7:I5 P.M.
AGENDA
Call [o Order
Invocation and pledge [o the flag
1. Approval of [he minutes of the regular meeting of November 23, 1992
and Special Called Heecing of December 2, 1992
2. Recognition of Visitors:
3. Appearances:
A. Recognition of Continental Cablevision of Jacksonville
(Ann Murphy, Public Relations Manager)
4. Old Business:
A. Appointments [o Code Enforcement Board, Coamunity Development
Board and Pension Board of Trustees
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE
BY THE CITY COi41ISSI0N AND HILL BE ENACTED BY ONE MOTION IN THE FORM
LISTED BELOW. TNERE WILL BE NO SEPARATE DISCUSSION OF TNESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WLLL BE REMOVED FROM THE CONSENT AGENDA
AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAr'F
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
5. C¢nsent Agenda:
A. Repo r[ on Plaza Road
B. Report on usage of Adele Grage Community Center for November
6. Resolution:
A. Resolution i92-38 relative to Budge[ Adjus [went BA-6 for [he
transfer of funds for [he 1st phase of the Tovn Center project
B. Resolution i92-39 relative [o Budge[ Adjustment BA-7 for funding
far vatermain replacement
7. Ordina¢ces:
A. Final reading and public hearing of Ordinance i95-92-53 relative
to tree protection, permits, inspections e[t.
B. Introauct ion and firs[ reading of Ordinance t75-92-10 relative to ,
parking trailers, motors homes etc. in residential districts
C. Introduction and firs[ reading of Ordinance i55-92-27 relative to
provSd ing monthly billing for solid vase
8. Nev Businesa:
A. Discussion and related action regarding a proposed polity
for private use of [he Ci[y nevslet[er (City Clerk Maureen King)
e. Aecommenda[ion and related action regarding lease/purchase of
municipal equipment (Finance Director Kirk Wend land)
D. Discussion and related action concerning hydraulic share
agreement for Mr. Bro[man
E. Discussior. and related action relative [o engineering proposal
for completion of design services for Oak Harbor sever rehab (PW
Director Rohe rt Kosoy)
ia.b~_-.
DECEMBER
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