Loading...
8-21-12 Minutes of the August 21, 2012 regular meeting of the Community Development Board n el MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD August 21, 2012 1. CALL TO ORDER. — 6:OOpm Chair Lambertson verified presence of a quorum with the attendance of Jason Burgess, Kelly Elmore, Kirk Hansen, Chris Lambertson, Harley Parkes, Brea Paul and Patrick Stratton. The meeting was called to order at 6:00pm. Matthew Schellhorn, ex officio board member and community planning liaison to NS Mayport, was also in attendance, along with Principal Planner Erika Hall, Redevelopment Coordinator Lesley Resnick, Building and Zoning Director Michael Griffin, and City Attorney Alan Jensen. 2. ADOPTION OF MEETING MINUTES — JUNE 19, 2012. Mr. Lambertson called for a motion to approve the minutes of the June 19, 2012 regular meeting. Mr. Parkes moved that the minutes be approved as written. Mr. Hansen seconded the motion and it carried by a vote of 7 -0. 3. RECOGNITION OF VISITORS. No visitors were recognized. 4. OLD BUSINESS. None. 5. NEW BUSINESS. A. ZVAR -12- 00100027, 271 CAMELIA STREET (CONNERS) Request for a variance from Section 24- 107(e)(2), reducing the minimum required rear yard setback for the principal structure from twenty (20) feet to eleven and three - tenths (11.3) feet, for the addition of a screened room with a structural roof onto the rear of the principal structure, on a property located at 271 Camelia Street, within a Residential Two Family (RG) zoning district. Staff Ms. Hall reported that the applicant was seeking a variance reducing the Report required rear yard setback for his principal structure in order to construct a screened room with a hardened or "structural roof'. The standard required per Section 24- 107(e)(2) is twenty (20) feet, and the applicant is asking to reduce the required rear yard to eleven and three - tenths (11.3) feet. Ms. Hall explained that because porches with structural roofs have the potential to be enclosed to create additional conditioned space within the principal structure, they are limited as to the amount they may project into a setback. Per section 24- 83(b), porches having structural roofs and screen walls may encroach into required rear yards up to forty-eight (48) inches. Alternatively, entirely screened rooms with no impervious roof, Page 1 of 5 Minutes of the August 21, 2012 regular meeting of the Community Development Board such as pool cages, may be located as close as five (5) feet from rear and side yard setbacks, per section 24- 151(b)(1)L She said these provisions were explained to the applicant when he first inquired about addition of a screened porch to the rear of his home. Applicant Applicant Michael Conners addressed the board and confirmed that the Comment illustration provided by Ms. Hall was consistent with the addition he proposed. He explained that his property is approximately 500 feet from the Intracoastal, and a screened porch is a necessity to counter the attack of gnats, mosquitoes and biting flies. He added that he felt such an addition would be an improvement to his property that would, in turn, improve the neighborhood. Public There was no public comment. Comment Board Mr. Lambertson opened discussion of the application to the board, and Discussion Mr. Stratton asked if Mr. Conners needs could be met with a screened lanai, similar to a pool cage, which consists of both walls and roof composed of screen. Mr. Conners responded that he did not understand how a three (3) inch foam roof constituted a structural roof. Mr. Lambertson replied that the impervious nature of the roof made it structural. Mr. Parkes explained an alternative would be to construct an accessory, such as a screened gazebo, which could have a structural roof. Such an accessory could be located to within five (5) feet of the rear and side lot lines. However, it would have to be limited in size to one hundred fifty (150 square feet and in height to twelve (12) feet. Additionally, such accessory structures must be located a minimum of five (5) feet from principal structures. Mr. Burgess asked Mr. Conners if there were any conditions or characteristics of his property that made it different from surrounding properties, to which Mr. Conners replied no. Mr. Lambertson directed board members to review the grounds for approval of a variance and grounds for denial of a variance, as provided along with the applicant. Motion Mr. Burgess moved that the board deny the request for variance to reduce the required rear yard setback from twenty (20) feet to eleven and three - tenths (11.3) feet for the construction of a screened room with a structurally hardened roof onto the rear of the principal structure, finding that the none of the grounds for approval of a variance, as provided by section 24 -64(d) were met. Mr. Parkes seconded the motion and it passed unanimously, 7 -0. Mr. Lambertson reiterated to Mr. Conners that he had several options available to him and encouraged him to discuss these further with staff. Page 2 of 5 Minutes of the August 21, 2012 regular meeting of the Community Development Board B. LDR AMENDMENT, SECTION 24 -51 (NOTICE OF PUBLIC HEARINGS), SECTION 24 -69 (FEES) Public hearing to review proposed revisions to Section 24 -51, Notice of Public Hearings, and Section 24 -69, Fees; to take public comment; and to make a recommendation to the City Commission regarding said amendment. Staff Ms. Hall explained that public hearings are integral to due process related Report to applications that seek relief from or propose changes to land uses and development standards. Florida statutes provide very specific directions as to how and when public hearings should be held, and how and when they are to be advertised, for both amendment of comprehensive plans and associated future land use maps, and amendment of land development regulations and zoning district map and permitted uses. And though statutes, particularly Chapter 163 which is the Community Planning Act of 2010, and its former incarnation as the Growth Management Act of 1985, prescribe public hearings for requests for variances from or exceptions to adopted development standards and permissible uses, the timing and method of notice is not as clearly defined. Essentially, provisions for notice of these types of public hearings which result in a development order rather than an ordinance, have been left to the design of individual municipalities. As such, the City of Atlantic Beach has complied with the basic requirements of posting an agenda for meetings at which public hearings are to be held on the city bulletin board, and posting a sign of notification on the subject property, each at least a week before the actual hearing. But many other municipalities, Jacksonville Beach and Neptune Beach included, are more aggressive in noticing public hearings. More than just posting a sign on the subject property, other municipalities also publish notices in the local newspaper and/or send letters of notification to adjacent property owners within a certain radius of the subject property. Further, she explained that, in light of this, and in an effort to encourage more transparency and increased levels of public participation in governance of the city, commissioners had requested that staff draft revisions to section 24 -51 which would make public notice requirements for Atlantic Beach consistent with the other beach cities. She said that the strike - through and underline draft before this board tonight does that. Ms. Hall then directed board members to a chart comparing the current provisions of section 24 -51 to the current provisions of chapter 163 and chapter 166 (specifically, the subsection having to do with public hearings and notification for municipal ordinances), and to the provisions of both Jacksonville Beach and Neptune Beach, and finally to the proposed revisions. She also noted that, due to the added expense of published advertisements and mailed notices, she was recommending an increase in the fee for variance applications [section 24- 69(a)(5)], from the current $150 to $250, which is the amount also charged by the other beach cities. No other fee increases are recommended at this time, as all others are consistent with the other beach cities. Page 3 of 5 Minutes of the August 21, 2012 regular meeting of the Community Development Board Public There was no public comment. Comment Board Mr. Stratton expressed concern over the added expense of published Discussion advertisement and mailed notice for variances and use -by- exceptions, as well as how the increased fee would impact potential applicants. Ms. Hall explained that some municipalities required a flat fee for the application, along with a variable fee for notice, depending upon the actual cost of publication and the precise number of notices mailed out. However, she was instructed to maintain an all- inclusive flat application fee consistent with the other beach cities. She added that at this time, Atlantic Beach charges at least $100 less than many municipalities, including Neptune and Jacksonville Beach. Mr. Lambertson, noted as an owner of property in other jurisdictions, he felt that mailed notices were of great benefit, much more so than posted signs, to property owners that lived out of the city or county or even state where the public hearing was to take place. Mr. Elmore stated that he believed delineating the requirements for notices related to zoning and land use matters, rather than simply referring to the Florida statutes, was a good idea, as statutes can be cumbersome to wade through. He also said he felt the chart prepared by Ms. Hall did a good job of summarizing and justifying the proposed revisions. Motion Mr. Elmore moved that the board recommend adoption of the proposed revisions to section 24 -51 and section 24 -69, as drafted by staff, finding that these revisions are consistent with the provisions of Florida statutes regarding public hearings for amendments to the comprehensive plan, associated land use maps, zoning and land development regulations, as well as the provisions of neighboring beach cities regarding land development orders. Mr. Stratton seconded the motion, and inquired of City Attorney Alan Jensen if he was comfortable that the proposed revisions were sound. Mr. Jensen responded in the affirmative. Mr. Lambertson called for the vote, and the motion carried unanimously, 7 -0. 6. OTHER BUSINESS NOT REQUIRING ACTION. A. BEACH AVENUE DEVELOPMENT DISCUSSION Review of staff - produced exhibits regarding development patterns, followed by virtual tour and discussion of existing conditions along Beach Avenue. Staff Ms. Hall presented a series of maps demonstrating some of the Report characteristics of properties fronting on Beach Avenue, as a means to provide the board with some background and insight into the "big picture" of how this area had developed over the past 100 years. She then guided board members through a Google Earth street view tour of Beach Avenue, stopping at selected properties and reviewing the type and age of the structure, orientation to and location in proximity to the street, as well as calling attention to parking and landscaping issues routinely brought to staff. Page 4 of 5 Minutes of the August 21, 2012 regular meeting of the Community Development Board Board Board members discussed the idiosyncrasies of the Beach Avenue Discussion properties, as well as related variance requests made over the last several years. It was the general consensus of the board that there is no blanket solution that can address all the potential issues that may — or may not — arise, related to the future development or redevelopment of Beach Avenue properties. And therefore, the board decided that there should be no revisions to the development standards at this time, but that any property owner wishing to deviate from the current standards should be encouraged to do so in accordance with the provisions of section 24 -64 (variances) or section 24 -172 (residential design standards), as applicable. Further, Mr. Hansen summarized the thoughts of the board, reiterating that section 24- 64(b)(1) guarantees that each application for a variance shall be considered on a case -by -case basis, and only approved on the merits of the individual case and findings that the request is consistent with the definition of a variance and criteria as established in section 24- 64, or 24 -172, as applicable. Mr. Lambertson did express interest in the board looking further at right - of -ways, in terms of private party improvements and maintenance, and public parking, especially on those side streets leading to beach accesses. Ms. Hall said she would do some research and gather materials for presentation at a future meeting. 7. ADJOURNMENT — 7:27 PM Chris Lamber son, Chairman 0 2 `1L' 6 Attest Page 5 of 5