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CDB-10-21-Full Agenda CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / October 21, 2014 / 6:00 pm Commission Chambers / 800 Seminole Road 1. Call To Order and Roll Call. 2. Approval of Minutes. A. Draft minutes of the August 19, 2014 regular meeting of the Community Development Board. 3. Old Business. 4. New Business. A. PLAT-14-00100036 Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances for Atlantic Beach Country Club Unit 2. B. PLAT-14-00100039 (PUBLIC HEARING) Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances at Selva Marina Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle). C. ZVAR-14-0010040 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64 for a reduction in front yard setback from 20 feet as required by Section 24-106 (e) (1) to 10 feet at Atlantic Beach Subdivision Block 25, Lot 1 (aka 320 Beach Ave). D. ZVAR-14-0010041 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64 for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line on corner lots where the abutting right -of-way is 50 feet wide or less as required by Section 24-157 (c) (1) at Atlantic Beach Subdivision Block 25, Lot 1 (aka 320 Beach Ave) 5. Reports A. Beach Avenue and Ocean Boulevard Through Lot Code 6. Adjournment. All information related to the item(s) included in this agenda is available for review at the City of Atlantic Beach Planning and Zoning Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233, and may be obtained at this office or by calling (904) 247 -5800. Interested parties may attend the meetin g and mak e comment s regardin g agend a items , o r comment s may b e maile d t o the address above . Persons appealing decisio n made by the Community Development Board with respect t o any matte r considere d a t this meetin g may nee d t o ensur e tha t a verbati m recor d o f the proceedings, including the testimony and evidence upon which any appeal is based, is made. Notic e t o persons needing special accommodation s and t o all hearing impaire d persons : I n accordanc e with the American s wit h Disabilitie s Act , persons needin g special accommodations t o participat e in this proceedin g should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, or (904) 247- 5800, not less than five (5) days prior to the date of this meeting. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4A. CASE NO PLAT-14-00100036 Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances at Atlantic Beach Country Club Unit 2 LOCATION ATLANTIC BEACH COUNTRY CLUB APPLICANT ATLANTIC BEACH PARTNERS DATE OCTOBER 10, 2014 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR STAFF COMMENTS The Atlantic Beach Country Club Special Planned Area was approved by the city i n 2013. Construction has commenced on the new clubhouse portion of the development and is nearing completion. Phase 1 of the development was platted in July 2014. Phase 1 includes 17 homes at the southeastern portion of the development. An additional 161 lots are included in Plat 2. The Plat Map submitted to the city matches the approved Special Planned Area Master Development Plan Map and SPA Text. City staff in the Public Wor ks, Utilities, and Building and Zoning Departments have reviewed the proposed plat and it is consistent with the approved Special Planned Area. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4B. CASE NO PLAT-14-00100039 Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances at Selva Marina Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle). LOCATION 1251 SELVA MARINA CIRCLE APPLICANT LINDA DUNLAP DATE OCTOBER 10, 2014 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant is requesting approval of a re-plat of their property, which is a 38,000 square foot parcel located at the end of the cul-de-sac, Selva Marina Circle and is part of Selva Marina Unit 1 in the RS-L (residential large lot) zoning district. The applicant originally requested a variance so that they could be granted a relaxation of the strict, literal interpretation of Section 24-256(a) so that they could divide their property and create two buildable lots. Section 24-256(a) is located within the Design and Construction Standards of the Subdivision and Site Improvement Regulations in the Land Development Regulations and states the following; “Lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the development and for the type of development and use proposed. Lot arrangement and design shall be such that all lots shall provide satisfactory and desirable building sites. Minimum sizes for lots shall be set forth within the applicable zoning district requirements. Unless expressly provided for within this chapter, no residential lot created after the initial effective date of these land development regulations shall have a width of less than seventy five (75) feet at the building restriction line, or shall it contain less than seven thousand five hundred (7,500) square feet unless approved as part of a planned unit development. “ In addition, Section 24-104 requires a minimum lot depth and width of 100 feet and minimum of 10,000 square feet for all new lots in the RS-L zoning district. The proposed lot split related to the zoning variance met the required 100 feet of depth and width, and greatly exceeded the minimum 10,000 square feet, as lot one was over 20,000 square feet and lot two was over 17,000 square feet. Each proposed lot also had adequate room for a driveway that would meet impervious surface regulations in the right-of-way. A variance was required because as part of the original plat of Selva Marina Unit 1, this property was platted with a 40 foot building restriction line (BRL). Lot two met the required 75 feet of width at the BRL, but lot one only had 65 feet of width at the BRL, which is 10 feet less than required. The Community Development Board recommended that the applicant re-plat the land with a new Building Restriction Line at a point that would be sufficient to meet the requirements of Section 24-256(a). Page 2 of 2 The applicant has submitted a re-plat as recommended with a 50 foot BRL. The re-plat does differ slightly from the original concept presented in the variance application. The dividing line between the lots has been shifted slightly so that each lot has an equal portion of the frontage along Selva Marina Circle. Staff has determined that this new plan still meets the minimum lot requirements of Section 24 -104. Additionally, the new 50 foot BRL result in both lots having at least 75 feet of width at the BRL as required by Section 24- 256(a). Lot two is now up to 85 feet of width at the BRL and Lot one is now at 75 feet of width at the BRL. The re-plat has been reviewed by the zoning, public works and public utilities departments of the city. The review resulted in the addition of an existing 15 foot wide drainage easement along the western property line of lot one and an existing 6 foot wide sanitary sewer easement near the southern property line of lot two. The re-plat shown has since been approved by those departments. Before final approval can be granted by the City Commission, the existing structure must be demolished or altered to an extent that it conforms to all regulations. The applicants are aware of this requirement and have requested a 120 day allowance after City Commission approval to perform the necessary changes. Once this condition is met, the re-plat can be recorded. Proposed Re-Plat CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO ZVAR-14-00100040 Request for a variance as permitted by Section 24-64 for a reduction in front yard setback from 20 feet as required by Section 24-106 (e)(1) to 10 feet at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave.). LOCATION 320 BEACH AVENUE APPLICANT LINDLEY TOLBERT DATE OCTOBER 10, 2014 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant, Lindley Tolbert is the owner of 320 Beach Avenue. The property is a through lot between Beach Avenue and Ocean Boulevard, located on the north side of 3rd Street. The applicant has recently purchased the property and is planning to demolish the existing structures on site to make room for a new single family home. The Applicant is requesting to build the new home 10 feet from the Ocean Boulevard property line. Aerial of 320 Beach Avenue and Surrounding Area Courtesy of Google Maps Page 2 of 4 Site Plan of 320 Beach Avenue A variance is needed for this plan according to Section 24-106(e)(1) which states, “The minimum yard requirements within the RS-2 zoning district shall be: (1) Front Yard: Twenty (20) feet.” The front yard designation for setbacks is determined by Section 24-84(a), which requires front yards be provided on both streets on through lots. This code became effective on March 10th 2014. Previously, through lots on Beach Avenue and Ocean Boulevard had a special provision that made Ocean Boulevard the front yard and Beach Avenue the rear yard. It is important to note that throughout the history of Atlantic Beach, Ocean Boulevard had been considered the front yard for setback purposes. The applicant’s desire to have the setbacks reduced along Ocean Boulevard is so that the new structure can be designed to create a courtyard area that offers some level of privacy on a through lot that requires two front yards. While designs are preliminary and largely only define the buildable area at this point, the applicant has indicated a desire to front Beach Avenue and has already received an address change. The applicant has also committed to having a garage that faces 3rd Street so that vehicular and pedestrian traffic on Ocean Boulevard would not be affected. Page 3 of 4 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant has stated in their application that the setbacks required on through lots that are also corner lots are more constraining in defining the buildable area than a normal through lot that is not also a corner lot. The restricted buildable area for detached structures is also more constraining than most lots in the city that are not through lots. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant has stated in their application that because through lots have frontage on two opposite streets with front yard setbacks on both street that there is a lack of an area for uses that typically occur in the rear yard of non through lot properties. This includes uses such as the location for A/C, pool and other mechanical equipment and sheds that house yard and house maintenance tools. In addition to the limited ability locate necessary facilities, the visibility created by fronting more than one street reduces privacy usually possessed by non through lots. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant has stated in their application that the code change enacted in the spring of 2014 that requires front yard setbacks on both streets for through lots has greatly reduced development options on through lots. Historically, through lots have been developed with a courtyard framed by the house and a detached garage and the new code reduces the usable amount of space to achieve a courtyard. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant has stated in their application that the 132 foot deep lot has less depth than other through lots and is similar to many normal lots in the Old Atlantic Beach area that have a similar depth but don’t have front yard requirements on two sides. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100040, request for a reduction in front yard setback from 20 feet as required by Section 24-106 (e)(1) to 10 feet at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave.), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. A variance may be granted, at the discretion of the community development board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100040, request for a reduction in front yard setbacks from 20 feet as required by Section 24-106 (e)(1) to 10 feet at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave.), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO ZVAR-14-00100041 Request for a variance as permitted by Section 24-64 for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line on corner lots where the abutting right-of-way is 50 feet wide or less as required by Section 24- 157 (c)(1) at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave.). LOCATION 320 BEACH AVENUE APPLICANT LINDLEY TOLBERT DATE OCTOBER 10, 2014 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant, Lindley Tolbert is the owner of 320 Beach Avenue. The property is a through lot between Beach Avenue and Ocean Boulevard located on the north side of 3rd Street. The applicant has recently purchased the property and is planning to demolish the existing structures on site to make room for a new single family home. The Applicant is requesting to build a 6 foot fence on a portion of the 3rd Street property line. Aerial of 320 Beach Avenue and Surrounding Area Courtesy of Google Maps Page 2 of 4 Site Plan of 320 Beach Avenue A variance is needed for this design according to Section 24-157(c)(1) which states, “for corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street.” The 3rd Street right-of-way is 40 feet wide. While plans are not finalized for the home, the applicant knows that they want a courtyard area in the middle of the lot that will be framed by the house and garage. Knowing that the courtyard will be separated from Beach Avenue and Ocean Boulevard by those structures, the applicant is asking for the ability to build a roughly 92 foot long 6 foot tall fence on the 3rd Street property line that would leave 20 feet open on each side at the corners. The final design may result in a length shorter than 92 feet but the applicant is requesting this length to ensure the fence can capture the courtyard area. In addition to the 6 foot tall portion of the fence, the applicant is also asking to have a 6 foot tall fence go from the 3rd Street property line to the house and garage structures. Page 3 of 4 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant has stated in their application that because their property is both a through lot and a corner lot, that they have far greater restrictions than those on normal lots in the city. There are restrictions related to front yards and the inability to put a 6 foot fence in a front yard that are relative to all through lots, but most through lots do not have the corner lot restrictions as well. Corner lots cannot have a 6 foot fence within the side street property line. This significantly reduces the potential area for a private courtyard that other through lots do not have to deign around. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant has stated in their application that rear yard privacy is something expected with single family homes and is standard with most lots in the city. However, this property is a through lot and due to restrictive codes, they don’t have the ability to gain the same sense of privacy enjoyed by most others. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant has stated in their application that the code change enacted in the spring of 2014 that requires front yards on both streets for all through lots has removed the possibility of a 6 foot fence on most of their property because 6 foot fences are not allowed in front yards. With the previous code, through lots between Beach Avenue and Ocean Boulevard had only one front yard and the other was a rear yard. Fences up to 6 feet tall are allowed in rear yards. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100041, request for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line on corner lots where the abutting right-of-way is 50 feet wide or less as required by Section 24-157(c)(1) at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave.), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. A variance may be granted, at the discretion of the community development board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100041, request for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line on corner lots where the abutting right-of-way is 50 feet wide or less as required by Section 24-157(c)(1) at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave.), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. Draft Minutes CDB 8-19-14 Draft Minutes CDB 8-19-14 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD August 19, 2014 1. CALL TO ORDER. – 6:03 pm Chair Brea Paul verified that all board members are present. The meeting was called to order at 6:03pm. Also present was Building and Zoning Director, Jeremy Hubsch; Zoning Technician, Derek Reeves; Recording Secretary Jenny Walker, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mr. John Kopelousos. 2. ADOPTION OF MEETING MINUTES – July 15th, 2014. Brea Paul called for a motion to approve the minutes of the Ju ly 15, 2014 regular meeting. Mr. Elmore made a motion to approve the minutes. Mr. Parkes seconded the motion and it carried by a vot e of 5- 0. 3. NEW BUSINESS. A. ZVAR-14-00100021(PUBLIC HEARING) 152 3rd Street (Allison Hillis) Request for zoning variance as permitted by Section 24-64 for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line on corner lots where the abutting right-of-way is less than 50 feet as required by Section 24-157(c) (1) at Atlantic Beach Subdivision Block 20 Lots 5 and 6 (aka 587 Beach Ave). Staff Report Derek Reeves states that the applicants are Kirk and Anne Marie Moquin, the owners of the property, with representation from Thomas Kervin of Aurora Custom Homes. The property is an ocean front lot on the corner of Beach Avenue and 6th Street. There is currently a new home being constructed on the site by Mr. Kervin for the owners. The owners are seeking to redesign their originally approved plans to move the location of a fence along 6th street to the property line and to increase the height to 6 feet from 4 feet along its length. A variance is needed for this redesign according to Section 24-157(c)(1) which states, “for corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street.” The 6th Street right-of-way is 40 feet wide. Draft Minutes CDB 8-19-14 Draft Minutes CDB 8-19-14 Staff has found 23 variances related to fences that have come before the Community Development Board since 2000 and 12 have been approved. Two of the approvals were considered because of high levels of pedestrian traffic and parking in right-of ways related to beach accesses. In an effort to improve the aesthetic views of the property along 6th Street as well as provide a safer environment, the applicants have offered to work with the city to design and furnish 3 parallel parking spaces in the right-of-way along the south side of 6th Street east of Beach Avenue. These spaces are already recognized by the city as beach access parking, but they are not paved. Derek discussed the reasons to recommend approval and the reasons to recommend denial. Applicant Comment Thomas with Aurora Homes spoke stating the request for the 6 foot fence is based on privacy and safety. They have already had a reported incident of someone climbing over the 4ft fence and climbing up to the 3rd floor of the house under construction. A 4 foot fence leaves a higher exposure to foot traffic and trespassing. He also discussed the sight line will not be an issue. Thomas also discussed how they are working with the City to improve the 3 parking spaces along that lot. Mr. Kirk Moquin spoke next. He has concerns regarding his family’s privacy and safety. He is worried since they do have a pool that someone could jump over the 4ft fence and drown in his pool. Public Comment First public speaker is Scott Griswold, 511 Ocean Blvd. He states that this variance has negative impacts on the safety and visual appearance. He says with a 6 ft fence, anyone stopped at the stop sign will not be able to see on 6th St. He believes it will pose a safety hazard for the pedestrians, bicycle and vehicle traffic. He feels that it is more likely to have trespassing on new to construction then to occupied homes. Next was Rich Reichler of 2025 Beach Ave. He states this variance is almost identical to the one for 690 Beach Ave that he claims the city staff and CDB made several errors in granting it. He proceded to discuss his opinions and issues. Last was Rodney Margol of 41 6th St. He lives immediately north of this property. He suggests they built a 4 ft fence with 6ft of landscaping. He also wants some assurance from the board that the entire North side of the property will be landscaped. Draft Minutes CDB 8-19-14 Draft Minutes CDB 8-19-14 Board Discussion Mr. Parkes agrees with Mr. Margol regarding putting in 4 ft fence with taller landscaping. The board discussed the palm trees along the property line, allowing the 6ft fence along the access, security, privacy and other options available. The board also brought up the variance they denied on the lot behind AB Elementary School. Linda Lanier discussed that all of these issues should have been thought about when they bought the lot and in the planning of construction, not afterwards Motion Mr. Hansen makes a motion to recommend denial of ZVAR-14-00100021. Mr. Stratton seconded it. All were in favor and motion carried. 4. Reports A. Beach Avenue and Ocean Boulevard Through Lots Code Brea states that the discussion will start with amending the Code Sec. 28-84 for through lots. Jeremy states the code was changed in April of 2014. There has since been some unintended consequences of what passed and staff, through the direction of the City Commission are interested in making a change to the code that was changed. We need a recommendation of the changes from the CDB to take back to the Commission. There are currently 22 through lots between Beach and Ocean Blvd, all located South of the temporary dead end of Beach Avenue at the Seaplace Condos at Club Drive. 16 of them are located between 1st and 4th and 6 are between 4th and 7th Streets. He discussed the history of the code and the April 14, 2014 changes. The code change that was implemented in April took away the special provision that allowed the rear yard to be on Beach Avenue. The code now reads that through lots between Beach and ocean are to be treated the same as through lots elsewhere in the city. On through lots elsewhere in the city, both street facing sides of the property are considered the front yard. This means that you cannot build detached garages, pools, or other accessory structures within 20 feet of the street on either street frontage. Jeremy gave some history of the code and states that other than the four year period between 1982 and 1986, the Atlantic Beach code has always considered Beach Avenue the rear yard for through lots. Recent code changes: there was special treatment of Ocean Blvd lots with double frontage, the required front yard should be the yard that faces Ocean Blvd, the rear yard would then be Beach Ave. The April 14th code change actually struck that section out and just completely erased it, it didn’t add anything new, which took away the special treatment of Ocean Blvd lots, although keeping the special treatment of oceanfront lots, so now the th rough lots between Beach and Ocean have to meet the double frontage setback requirements. This means there is no rear yard. This is very restrictive for these lots. Another option is to let the owners choose which is their front yard is and which is their rear yard. Draft Minutes CDB 8-19-14 Draft Minutes CDB 8-19-14 The board discussed the potential problems with different changes in the code. Brea tabled the discussion to open the floor to public comment. Public Comment Lindley Tolbert, of 465 Beach Avenue. She states that she built on a through and there is room to have a 20’ setback on Beach Ave and a 15’ setback on Ocean Blvd. It is possible to have a garage and enough room for parking without blocking the sidewalk. She requests that the board not make the new code state that all new houses have to face Ocean Blvd. Her first choice would be to make all new houses face Beach Ave. or to give owners a choice. She also thinks 15’ each is a good idea. The board discussed just setting a total setback of 30’ for these through lots with a minimum of 10’. B. Overlay Discussion Motion Mr. Hansen made a motion to put Sec. 24-84 (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. Mr. Elmore seconded it. This suggestion will now go to the City Commission. 5. Old Business A. ZVAR-14-00100020(PUBLIC HEARING) Request for zoning variance as permitted by Section 24-64 for a reduction of setbacks as required by Section 24-106 (e). Staff Report Jeremy states this is the previous zoning variance we heard about 2 months ago that was deferred. This is directly related to the through lot discussion. They are seeking to have a detached garage 10’ from Ocean Boulevard which is less than the minimum required setback of 20’, as per the new code. Jeremy displayed the 6 grounds for approval of a variance and denial. Board Discussion Brea believes we should take into consideration the fact that they are trying to preserve the historical architecture of the house. Public Comment Andy Pitler of 277 Beach Avenue. He would like this expedited. He is available for any questions and for site visits. Draft Minutes CDB 8-19-14 Draft Minutes CDB 8-19-14 Board Comment Mr. Hanson would like to ask the applicant if there is a compromise to the setbacks the applicant is asking for to not have to worry about the car sticking out too far. Alison Hillis of 380 5th St. but we are talking about 152 5th St. Brea asked if she would be opposed to moving the garage back so that there is 15 ft from the property line to the garage. Alison stated that 15’ would be awesome. Motion Sylvia Simmons made a motion to approve the garage to be built 15’ off of Ocean Boulevard and leaving the house where it is. Linda Lanier seconded the motion. Mr. Hanson stated that this is only approved for this exact case because of the quandary circumstances of this case only and not to set a precedence for the future. 6. Reports. No new reports. 7. Adjournment. Adjournment at 8:37.