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1400 Mayport Road UBE 02.08.1999 boo� � ` ATTACHMENT A FEBRUARY 8, 1999 COMMISSION MEETING STAFF REPORT AGENDA ITEM: Use-by-Exception for Used Car Dealership at 1400 \ J Mayport Road SUBMITTED BY: George Worley II, Community Development Director DATE: February 3, 1999 BACKGROUND: Mr. Lynch,the applicant, desires to operate a dealership for sale of used vehicles and rental of trucks. The requested use is permitted by exception wider Section 24-111(c)(12) & (13). The minimum parking space requirement, based upon the floor area of the two buildings, is 2 spaces. The applicant proposes 10 spaces as shown onthe site plan. The site plan also designates the number of used automobiles displayed for sale as 25. The site plan shows the �^ locations of the existing buildings,the proposed parking spaces, and the driveways. RECOMMENDATION: I The Community Development Board reviewed this request and recommends approval of the Use-by-Exception subject to the following conditions: 1. That the on-site parking spaces be clearly designated; 2. That the applicant be permitted not more than 25 used vehicles for sale at any one time and that all vehicles be operable; 3. That the vehicle repair business not operate between 9 PM and 7 AM. 4. No inoperable vehicles be stored on the site at any time. 5. That the Use-by-Exception be granted to the applicant only and for this location only. 1 ATTACHMENTS: 1)Application for Use-by-Exception 2)Draft Minutes of the Community Development Board Meeting REVIEWED BY CITY MANAGER: AGENDA ITEM NO. Mr. Worley explained to the board that the residence was constructed in 1979 with a site plan indicating that the building would have: 7.5 feet setback from the side property lines. The actual construction did not agree with the plan, having 0.8 feet on one side and I I feet on the other side. The survey lot dimensions do not agree with the site plan measurements which may account for some of the difference. Mr. Worley corrected his staff report to state that the construction would not encroach any further than the existing building but his recommendation would not alter. After discussion, Mr. Frohwein moved to deny the variance and Mr. Wolfson seconded the motion. After discussion, the motion and second were withdrawn after the applicant agreed to amend his application to show that the new construction would not encroach the setback requirements. After further discussion, Mr. Frohwein moved to grant the variance provided that the deck addition project no further than five feet from the northeast property line. Mr. Grunthal seconded the motion and the amended variance was unanimously granted. 11. Application for Use-by-Exception filed by IG rt Lynch to operate a business of automobiles, service, rentals, parts and accessories at property located at 1400 Mayport Road. Mr. Kirt Lynch introduced himself and explained that he desired to purchase the property in question and needed the use-by-exception for automobile sales and Ryder Truck Rentals. He stated he would also be selling accessories and would provide minor service work such as batteries and belts. Mr. Lynch stated that he is purchasing 7 lots in Block 50, Section H, however, the use-by-exception he is requesting only covered Lots 1, 2, and 3, block 50, Section H. After discussion, Mr. Grunthal moved to recommend approval of the use-by- exception to the City Commission to operate a used vehicle sales, rental and repair business in the CG district at 1400 Mayport Road, Lots 1, 2 and 3, Block 50, Section H subject to the following conditions: 1. The applicant designate, in a clear manner, the customer parking spaces on- site; 2. The applicant be permitted not more than 25- vehicles for sale or rent at any '"� one time. All such vehicles must be operable; COPY 3. The vehicle repair business not operate between 9 PM and 7 AM; 4. No inoperable vehicles be stored anywhere on the site; 5. The Use-by-Exception be granted to the applicant only and for this location only. Mr. Frohwein seconded the motion and it was unanimously approved. III. Approval of Minutes of December 15, 1998. The Chairman called for approval of the minutes. Mr. Frowein pointed out several scriveners errors and the minutes were approves: as amended. ELECTION OF OFFICERS The Chairman called for election of new officers. Thereupon, Don Wolfson and Robert Frohwein were elected Chairman and Vice-Chairman respectively. DISCUSSION Review and recommendation regarding proposed amendments to the zoning code of ordinances. The Board discussed completing their review of the proposed amendments and their desire to deliver their recommendation to the City Commission within a period of two or three months. They directed staff to place the item on the agenda for the upcoming meetings. Mr. Worley told the board that an extra meeting would probably be necessary to enable review of landscape and lot coverage ordinances and the definitions contained therein should be included so as not to have a discrepancy or conflict. Mr. Frohwein requested copies of the landscape ordinance be furnished to them so they may include it with their amendment documentations. He also requested copies of the modifications of definitions previously submitted to the City Commission. Mr. Grunthal suggested that the amendments be divided into four sections for the next regular meetings but limit their review to one section per meeting