Agenda Item 8AAGENDA ITEM:
SUBMITTED BY:
DATE:
AGENDA ITEM It 8A
OCTOBER 14, 2013
AGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Public Hearing for UBEX -13- 00100065
Jeremy Hubsch
Redevelopment and Zoning Coordinator
September 11, 2013
STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and
support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and
adjoining neighborhoods.
BACKGROUND: Request for a use -by- exception to allow for a general contractor, not requiring
outdoor storage within a Commercial General (CG) zoning district. The applicant, Tier 1 Construction is
a roofing and general contracting company. Section 24 -111 (c) (6) outlines specific conditions for the
approval of contractors through a use -by- exception. It states, "Contractors, not requiring outside storage,
provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that
makes excessive noise or fumes, shall be permitted. Not more than one (1) contractor related vehicle shall
be parked outdoors on a continuous basis."
The applicant is located in an existing building on West 6th Street, just off Mayport Road. The current
building meets zoning setbacks, impervious surface ratio, and minimum lot size. The nearest residential
home is 150 feet away and the site has a 6' wooden fence in the side and rear yards. Per the applicant, the
site will be used as a general office and there will be no outdoor storage of materials. The applicant stated
at the Community Development Board meeting that employees who work in the field take their trucks
home with them, and they will rarely, if ever come to the proposed site.
The Community Development Board considered this request along with comments from staff and the
applicant in attendance at the August 20th meeting, and the Board recommended approval by a vote of 7-
0, finding the request is consistent with the Comprehensive Plan as well as Section 24 -63 and Section 24-
111(c) of the Land Development Regulations.
BUDGET: None.
RECOMMENDATION: Approval, recommended by the Community Development Board.
ATTACHMENTS: Draft minutes of the August 20, 2013 Community Development Board
meeting; copy of Community Development Board staff report; copy of UBEX -13- 00100065 application.
REVIEWED BY CITY M • GER:
AGENDA ITEM # 8A
OCTOBER 14, 2013
Tier 1 Construction Inc,
13245 Atlantic Blvd Suite 4 -212
Jacksonville Fl. 32225
(904) 731 -3905
Re: Application for a Use by Exception
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach Fl. 32233
(904) 247 -5826
Dear Ladies & Gentlemen,
This letter has been prepared as a narrative to describe the proposed use of the property located
at 33 West 6th Street Atlantic Beach Fl. 32233.
Tier 1 Construction proposes to use this location as general office space to accommodate three
employees. We plan to conduct day to day office duties that include office desk work, secretarial
work, filing, customer service via telephone ect.
Brent Parrish
Tier 1 Construction Inc,
Property Appraiser - Pkoperty Details
CHRISTENSON DALE
52 W 3RD ST
ATLANTIC BEACH, FL 32231-3306
Property Detail'
Primary Site Address Official Record Book /Page
33 W 6TH ST 07421 -02245
Atlantic Beach FL 32233
RE #
2OU Cer ite4
70746 -0050
Tax Dili#
USD3
Income
Property Use
1700 OFFICE 1 -2 STY
$0.00
# of Buildings
$0.00
Legal Esc
8 -034 38- 2S -29E 0.117
TLANTIC BEACH SEC H
Subdivision
3119 ATLANTIC BEACH SEC H
Total Area
4889
$0.00
The sale of this property may res It in higher property taxes. For more Information go to
Save Our Homes and our •r.. a .- _.v u.. . Property values, exemptions and other
information listed as 'In Progress' are subject to change. These numbers are part of the
2012 working tax roll and will not be certified until October. beam how the Prooertv
1.•• [% •i /R'
..'.n
Sales Histo
Value Summa
AGENDA ITEM # 8A
OCTOBER 14, 2013
Tile #
9417
Book/Page
2OU Cer ite4
2012 In Prorgre
Value Method
Income
Income
Total Building Value
$0.00
$0.00
Extra Feature Value
$0.00
$0.00
Land Value (Market)
$33,150.00
$33,150.00
Land Value (Agri )
$0.00
$0.00
Just (Market) Value
$123,000.00
$130,400.00
Assessed Value
$120,831.00
$130,400.00
Cap DiffJPortability Amt
$2,169.00 / $0.00
$0.00 / $0.00
gxemptlons
$0.00
See below
Taxable Value
$120,831.00
See below
Book/Page
Sale Date
I
f Sale Price I
Aced Instrument ype code
Qpaiifredlunqualiffed
Vacant /Improved
07421 02245
9/16/1992
I
$17,000.00
WD - Warranty Deed
Qualified
Vacant
1
Extra Features
LN
ture Code
Use Description
Feature Description
Bldg.
Length
Width
Total Units
Value
1000
1
PVCC1
0.00 1 0.00 ICommon
Paving Concrete
1
0
0
_I
1,020.00
$1,065.00
2
FWDC1
Heating Fuel
Fence Wood
1
0
0
164.00
$489.00
3
FCBC1
Air Conditioning
Fence Chain Barbed
1
0
0
50.00
$180.00
Land & Legal
Land
LN I
Code
Use Description
Zoning J
Front I Depth Category
Land Units
LandTvoe
Land Value
1
1000
COMMERCIAL
ACG
0.00 1 0.00 ICommon
5,100.00
Square Footage
$33,150.00
Buildings
Building 1
Building 1 Site Address
33 W 6T1-I ST
Atlantic Beach FL 32233
Building Type
1701-
OFFICE 1 -2 STY
Year Built
1993
1500
Building Value
$88,531.00
Total
Type
Gross Area
Heated Area
Effective Area
Base Area
1500
1500
1500
Total
1500
1500
1500
httn://anns.coi.net/nan
Element
Code
Detail
Exterior Wall
25
25 Modular Metal
Roofing Structure
9
9 Rigid Fr/Barjoist
Roofing Cover
12
12 Modular Metal
Interior Wall
5
5 Drywall
Int Flooring
14
14 Carpet
Int Flooring
3
3 Concrete Finished
Heating Fuel
4
4 Electric
Heating Type
4
4 Forced- Ducted
Ceiling Wall Finish
5
5 S Ceil Wall Fin
Air Conditioning
3
3 Central.
Comm Htg & AC
1
1 Htg & A/C Pkg
Comm Frame
5
5 S -Steel
Element
Baths ._._......_._._,v
Stories
Rooms / Units
Avg Story Height
Code
2.000
1.000
5.000
16.000
aQQ
Lega
LN Legal Description
1 18- 034 38 -2S -29E 0.117
2 ATLANTIC BEACH SEC H
3 LOT 4 BLK 34
nronertvSearch/Rasi c/Detai l.asnx ?RE= 1707460050 9/21/2012
AGENDA ITEM # 8A
OCTOBER 14, 2013
LETTER OF AUTHORIZATION
,,� f ,J rr ✓5�
/ (le, p..cf-aco,
City of Atlantic Beach
Department of Community Development
800 Seminole Road Atlantic Beach, FL 32233
(P) 904 247 -5800 (F) 904 247 -5845
is hereby authorized to act on behalf of
the owner(s) of those lands described within
the attached application, and as described in the attached deed or other such proof of ownership as may
be required by the City of Atlantic Beach in applying for a development permit.
BY:
~Printed Name
Signature of Om)
Signature of Owner
Printed Name
Phone Number
Signed and sworn before me on this % day of
/ e el; rrs/ e-Sew
Identification verified:
Oath sworn: r Yes
26/3 by
I— No
State of Florida
County of Duval
BRENT PARRISH
Notary Public, State of Florida
My Comm. Expires May 14, 2016
Commission No. EE 198158
My Commission expires:
Zd /4.
Letter ofAuthorization_versionoi.oi.o9
AGENDA ITEM # 8A
OCTOBER 14, 20I3
APPLICATION FOR A USE -BY- EXCEPTION
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445
Phone: (904) 247 -5826 • FAX (904) 247 -5845 http: / /www.coab.us
Date File No. Receipt
1. Applicant's Name
2. Applicant's Addres1
3. Property Location 33 \x c51 - r_n ii i-rL 6a-et, -F(_
4. Property Appraisers Real Estate Number i ? 01 144 -00.5-0 Block No. � Lot No.
5. Current Zoning Chssification Co,piett Cj c„ f„-] 6. Comprehensive Plan Future Land Use designation C�,r, pi-. crc. 4
7. Requested Use-by-Exception
h vv ` A
LJ'
pee
1 Cbn Ffit, 4 33 `.�. f cs/- L 4' �`i) -r-r). A4-1 c, 3-c L.tn F.0 332z 3 3
8. Size of Parcel S4 't4,) x I DZ' Deer 9. Utility Provider .1"- -A
10. Statement of facts and special reasons for the requested Use -by- Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any xisting structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. (Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Free ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person
Printed or typed na ):
Signature(s): /„
ADDRESS AND CONTACT ORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION i Name: cep, - r'.:54
Mailing Address: (3,1 t.J,sI t ?'J 4f4„), I c eL4 A-/ 322J
�f� /
Phone: (y� 29/,- !x?�'fa FAX:Cjp % 2VG -l7U°J / E-mail: 63.�P.•�7f- 0 Ter 1
owner's authorization form is attached:
Alb
AGENDA ITEM # 8A
OCTOBER 14, 2013
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A.
CASE NO
AGENDA ITEM ll8A
OCTOBER 14, 2013
UBEX-13-00100065
Request for use -by- exception as permitted by Section 24- 111(c)(6), to permit a
contractor, not requiring outside storage, to be located on a property within a
Commercial General (CG) zoning district at 33 West 6u Street.
LOCATION 33 WEST 6TH STREET
APPLICANT TIER 1 CONSTRUCTION INC (BRENT PARRISH)
DATE AUGUST 20, 2013
STAFF ERIKA HALL, PRINCIPAL PLANNER
STAFF COMMENTS
Background
Tier 1 Construction Inc is a roofing and general
contracting company. Owner Brent Parrish
seeks a use -by- exception so that he may obtain
zoning approval for a Local Business Tax Receipt
to operate his contracting business at 33 West
6th Street. The subject property has a
Commercial (CM) Future Land Use Designation
and is located within a Commercial General (CG)
zoning district.
According to the provisions of Municipal Code
Section 24- 111(c)(6), within CG zoning districts,
"Contractors, not requiring outside storage,
provided that no manufacture, construction,
heavy assembly involving hoists or lifts, or
equipment that makes excessive noise or fumes,
shall be permitted. Not more than one (1)
contractor related vehicle shall be parked
outdoors on a continuous basis."
33 W 6TH ST
+rN
F4,1
°ter
e
I
Figure 1. Location map for 33 West 61I° Street- Co Ai3 GCs,
July 22, 2013.
Analysis
AGENDA ITEM M # 8A
OCITOBER 145 2013
According to Section 24- 63(d), the review of any application for a use -by- exception shall consider each of
the following:
(1) Ingress and egress to property and proposed structures thereon with particular reference to
vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire
or catastrophe.
(2) Off-street parking and loading spaces, where required, with particular attention to the items in
subsection (1) above.
(3) The potential for any adverse impacts to adjoining properties and properties generally in the area,
resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use -
by- exception being requested.
(4) Refuse and service areas, with particular reference to items in subsection (1) and (2) above.
(5) Utilities, with reference to locations, availability and compatibility.
(6) Screening and buffering, with reference to type, dimensions and character.
(7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects
and compatibility and harmony with properties in the district.
(8) Required yards and other open space.
(9) General compatibility with adjacent properties and other property in the surrounding zoning district
as well as consistency with applicable provisions of the comprehensive plan,
(10) For those properties within the commercial corridors, consistency with the intent of Section 24 -171,
commercial corridor development standards.
(11) Number of similar businesses that existing in the area with consideration that such uses are
intended to be an exception and not to excessively proliferate in one area of the city.
Figure 2. Google Maps aerial view of 33 West 6th Figure 3. Google Maps street view of 33 West 6th
Street, Imagery dated March 2011, accessed online Street. Imagery dated 2013, accessed online July 22,
July 22, 2013. 2013.
The subject property consists of a platted lot — Lot 4, Block 34, Section H — located midway the block, one
hundred fifty (150) feet from the Mayport Road right -of -way, and thus not subject to commercial corridor
development standards of Section 24 -171. The property measures approximately fifty (50) feet in width by
one hundred two (102) feet in depth, with a total lot area of five thousand one hundred (5,100) square feet,
and it is improved with a modular metal structure consistent in appearance to others in the vicinity and
Page 2 of 4
AGENDA ITEM # 8A
OCTOBER 14, 2013
measuring thirty (30) feet in width by fifty (50) feet in depth, or fifteen hundred (1,500) square feet in area.
The structure, built in 1993, conforms to current yard setbacks.
There are no proposed changes to established utility services, and refuse service will continue as standard
curb pick -up. Security lighting exists on the east, south and west sides of the building, but neither additional
lighting, nor signage is currently proposed.
Property ingress /egress is direct to /from the West 6th Street right -of -way. A thirty (30) foot wide by thirty
(30) foot deep concrete driveway /parking pad extends from the West 6th Street pavement to the building
foundation. The twenty (20) feet of depth fully on private property is sufficient to accommodate three
parking spaces — including one ADA, though none are marked as such — consistent with parking space design
standards specified in Section 24- 161(g). However, Section 24- 161(h)(3) requires that "business,
commercial, retail, or service uses not otherwise specified [shall provide] one (1) space for each four
hundred (400) square feet of gross floor area," or a total of four (4) spaces for a building of these
dimensions. There is a gravel area directly to the east of the parking pad which appears to have been
previously used for spillover parking. Section 24- 161(b)(2) provides that "all parking areas shall be paved
unless an alternative surface is approved by the Director of Public Works. Any such alternative surface shall
be maintained as installed and shall be converted to a paved surface if a failure to maintain results in
adverse drainage or aesthetic impacts."
The building is accessed via a central entrance and two roll -up doors fronting on West 6th Street, and
concrete walkways on both east and west sides of the building lead to side door entrances. Considering the
building footprint, the concrete parking pad and the sidewalks leading to side entrances, it is estimated that
the total impervious surface coverage is approximately forty (40) percent, which is significantly lower than
the maximum seventy (70) percent allowed within non - residential zoning districts. However, there are no
trees or landscaping on the property. Because nearly the entire front of the property is utilized for access
and parking, it is not feasible to implement provisions of Division 8, Landscaping standards, but it is
recommended that the property be required to come into compliance with Section 23- 30(b), minimum tree
requirements for commercial uses, which states "For each parcel upon which a commercial structure or
associated accessory use is proposed, or where the primary activity is commercial in nature...one (1) four -
inch caliper tree shall be planted and /or preserved for every eight thousand (8,000) square feet of parcel
area or portion thereof ". Therefore a minimum of one (1) tree is required.
The subject property is in the middle of a commercial block, at least one hundred fifty (150) feet in all
directions to the nearest residential property. However the side and rear yards are surrounded by a six (6)
foot high wooden privacy fence and this should provide sufficient buffering considering no outdoor storage
is permitted for contractors within CG zoning districts. Additionally, the applicant has stated in his submittal
cover letter "Tier 1 Construction proposes to use this location as general office space to accommodate three
employees. We plan to conduct day to day office duties that include office desk work, secretarial work,
customer service via telephone, etc." While Tier 1 Construction Inc is a contracting business, the nature of
work to be performed onsite is typical of permitted office uses normally found in the CG zoning district. So,
no adverse impacts to adjacent properties are anticipated.
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of the Tier 1
Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to permit a
contractor, not requiring outside storage, to be located within the Commercial General (CG) zoning district
at 33 West 6th Street, provided the following, or similar findings of fact:
(1) Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63,
Zoning and Subdivision and Land Development Regulations, and is also consistent with
Section 24 -111 defining the Commercial General Zoning District.
Page 3 of 4
AGENDA ITEM # 8A
OCTOBER 14, 2013
(2) The request is not contrary to public interest and is not detrimental to the health, safety and
welfare of the general public.
(3) The proposed use is compatible with adjacent properties and other properties in the
surrounding area.
(4) The Community Development Board may consider a motion to recommend approval of the Tier
1 Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to
permit a contractor, not requiring outside storage, to be located within the Commercial General
(CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact:
(5) The Community Development Board may consider a motion to recommend approval of the Tier
1 Construction Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to
permit a contractor, not requiring outside storage, to be located within the Commercial General
(CG) zoning district at 33 West 6th Street, provided the following, or similar findings of fact:
The Community Development Board may consider a motion to recommend denial of the Tier 1 Construction
Use -by- Exception (Application UBEX -13- 00100065) to the City Commission, to permit a contractor, not
requiring outside storage, to be located within the Commercial General (CG) zoning district at 33 West 6th
Street, provided the following, or similar findings of fact:
(1) The request is contrary to public interest and may be detrimental to the health, safety and
welfare of general public because
(2) The proposed use is not compatible with adjacent properties and other properties within
the surrounding area because
ATTACHMENTS None.
Page 4 of 4
ACi1 NOA I'fI'M }I 8A
OCTOBER 14, 2013
Dry y Minutes. ra(the Augrrxi 20. 2013 regular• meeting of the Community Development Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
August 20, 2013
1. CALL TO ORDER. - 6:05pm
Chair Brea Paul verified the presence of a quorum with the attendance of Jason Burgess,
Kelly Elmore, Kirk Hansen, Harley Parkes, Patrick Stratton and Sylvia Simmons. The
meeting was called to order at 6:05pm. Also present was Redevelopment and Zoning
Coordinator, Jeremy Hubsch.
2. ADOPTION OF MEETING MINUTES - July 16, 2013.
Mr. Hansen called for a motion to approve the minutes of the July 16, 2013 regular
meeting. Mr, Burgess moved that minutes be approved as written. Mr. Parkes seconded
the motion and it carried by a vote of 7 -0.
3. OLD BUSINESS. None.
4. NEW BUSINESS.
A. UBEX -13- 00100065, Tier One Construction, 33 West 6th Street.
Public hearing- Request for use -by- exception as permitted by Section 24- 111(c)(6), to
allow a contractor, not requiring outside storage, to be located on a property within
the Commercial General (CG) zoning district at 33 West 6th Street.
Staff
Report
Applicant
comment
Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a
presentation about Use By Exception 13 -65. Mr. Hubsch noted that
the business is currently in operation in is located in an existing
building, located just off Mayport Road. He stated that the existing
building was built in 1993 and meets all setbacks, impervious
surface ratio, and lot size requirements. He then gave an overview
of the type of businesses that could come into the CG zoning
district. Mr. Hubsch stated that the use is similar to other uses in
the immediate area and fits in with the general character of the
area.
The applicant, Brent Parrish then stated that the site will be used
as a general office with 3 employees and that there will be no
outdoor storage. He stated that there won't really be any trucks on
Page 1 of
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Public
Comment
Board
Discussion
Motion
AGENDA ITEM # 8A
OCTOBER 14, 2013
the site on a continuing basis. The employees keep their trucks at
home and take them directly to sites, not the office. He stated that
he does not own the property and does not intend to purchase it.
He was asked how his business operates, and stated that the
business does not store materials on site and that they outsource
all of their waste management. Mr. Parrish also stated that they
don't store trailers on site either.
No one from the public came forward to comment on the request.
Mr. Hubsch clarified to the Community Development Board that if
the proposed business were to use the property more intensively
and do things that weren't approved by the Use -by- Exception, that
the use -by- exception could be revoked by the city. Mr. Parrish
mentioned that they plan to use the property for approximately 36
months and seeing where their business is at that point. Mr.
Hubsch mentioned that the Use -By- Exception does not run with
the property and would be void whenever the applications leave
the location.
Mr. Hansen moved that the Community Development Board
recommend approval of the Tier One Construction Use -by-
exception (Application UBEX -13- 00100065) to the City
Commission, to permit a contractor, not requiring outside storage,
to be located within the Commercial General (CG) zoning district at
33 West 6th Street, provided the following, or similar findings of
fact:
(1) Approval of this Use -by- Exception is in compliance with the
requirements of Section 24 -63, Zoning and Subdivision and Land
Development Regulations, and is also consistent with Section 24-
111 defining the Commercial General Zoning District.
(2) The request is not contrary to public interest and is not
detrimental to the health, safety and welfare of the general public.
(3) The proposed use is compatible with adjacent properties and
other properties in the surrounding area.
Mr. Burgess seconded the motion and it passed unanimously, 7 -0.
B. ZVAR -13- 00100067, 34510th Street
Public Hearing — Request for variance from the provisions of Section 24- 106(e)(3), to
reduce the required side yard setbacks for a principal structure from a combined
fifteen (15) feet, with a minimum five (5) feet on either side, to a combined twelve
and four - tenths (12.4) feet, with a minimum of four and five - tenths (4.5) feet on one
Page 2 of 5
AGENDA ITEM # 8A
OCTOBER 14, 2013
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
side of an existing single - family dwelling located on a property within the Residential
Single - Family (RS -2) zoning district at 345 10th Street.
Staff
Report
Applicant
Comment
Public
Comment
Mr. Hubsch gave a brief overview of the property and the
requested variance. He stated that the property was platted in
1913 as two lots 50' wide by 150' deep. He stated that the owner
would like to split the property into those two previously platted
lots. Mr. Hubsch said that the property was built in 1948 and the
property is zoned RS -2. He stated that if the property is split into
two lots, the RS -2 zoning setbacks will have to be met. The RS -2
Zoning district requires a combined 15' of setbacks on the side
yards, with a minimum of 5' on either side. Mr. Hubsch stated that
the existing home does not meet the current zoning setbacks and
thus, the applicant needs a zoning variance in order to split the lot
into two.
Board Member Simmons had a question about whether or not
Impervious Surface Ratio would be met by the applicant if the
property was split. Jeremy Hubsch stated that he had done
measurements and that the ISR would be sufficiently met.
Mr. Bill Bacher, a friend and realtor of the applicant spoke on his
behalf at the hearing. Mr. Bacher stated that the applicant is 82
years old and does not leave his house very often. He stated that
the applicant has a wife in an Alzheimer's facility and that he
would like to sell part of his property in order to be able to move
her to Fleet Landing. Mr. Bacher provided information about the
neighboring properties and the applicant's situation.
Mr. Hubsch pointed out that if the variance is granted and the
applicant sells the property, the buyer of that property will know
exactly what situation they are coming to. He also pointed out that
the variance could not be granted based on financial reasons or
comfort, but instead strictly on the merits of the case itself.
Bo Halton 349 10th Street is an adjacent neighbor to the applicants.
He says he has been neighbors with the applicant for years and is
friends with him. He wanted to ensure that if a new home was
built on the site, that sufficient setbacks would be met where it
borders his property. Board Member Simmons clarified to him that
the new home would have to meet existing RS -2 setbacks and that
Page 3 of 5
Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
Board
Discussion
Motion
AGENDA ITEM # 8A
OCTOBER 14, 2013
the variance was solely for the existing home, which does not
border his property.
Board member Kelly Elmore stated that he doesn't have a problem
with the variance, as the side of the lot that will be split does meet
the minimum required setback. He also stated that he believes the
existing home on the lot will someday be torn down and replaced
based on the current market forces in Atlantic Beach. He then
pointed out that a new home on that lot would have to meet the
current zoning setbacks and regulations. Therefore, allowing this
variance will potentially result in 2 new homes that are both in
compliance with the current zoning regulations.
Mr. Parkes moved that the Community Development Board vote to
approve ZVAR -13- 00100067, request for variance from the
provisions of Section 24- 106(e)(3), to reduce the required side
yard setbacks for a principal structure from a combined fifteen (15)
feet, with a minimum of five (5) feet on either side, to a combined
twelve and four - tenths (12.4) feet, with a minimum of four and
five - tenths (4.5) on one side of the existing single - family dwelling
located within a Residential Single - Family (RS -2) zoning district at
345 10th Street, upon finding this request is consistent with the
definition of a variance, and in accordance with the provisions of
Section 24 -64, specifically one or more of the grounds for approval
delineated in Section 24 -64(d) Mr. Burgess seconded the motion
and it carried by a vote of 7 -0.
5. REPORTS. Paul Gunsaulies 780 Begonia Street spoke regarding possible modifications
for the city code relating to recreational vehicles, boats, and trailers. Mr. Gunsaulies
presented his case for why he believes the code should be modified for more flexible
regulations. He stated that he has spoken to the city commissioners and that they
intend to kick the issue back to the Community Development Board for discussion.
Jeremy Hubsch mentioned that the commission did indeed ask to have the item
discussed for a recommendation. However, he said staff had not yet had time to
prepare a report for the Community Development Board. Mr. Hubsch told the board
that they could anticipate the item coming back to them in the near future.
The board members briefly discussed the issue, but decided to wait until staff made a
formal report to them prior to making any decision or recommendation.
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Draft Minutes of the August 20, 2013 regular meeting of the Community Development Board
6. ADJOURNMENT - 7:10 PM
Brea Paul, Chair
Attest
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AGENDA ITEM # 8A
OCTOBER 14, 2013