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Agenda Item 1A - City's DocumentationDONALD AND KAREN WOLFSON, Petitioners, v. CITY OF ATLANTIC BEACH, Respondent. IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO: 16-2011-CA-349-AXXX DIVISION: CV-G ORDER GRANTING PETITION FOR WRIT OF CERTIORARI AGENDA ITEM #lA MARCH 23, 2015 Upon consideration of the entire record herein, including the Petition, the Respondent's Response, and the Petitioners' Reply, the Court finds: Procedural due process was not afforded to the applicants during the May 9, 2011, hearing before the City Commission in which the City was hearing the Petitioners' appeal of the denial of their requested variance by the Community Development Board. The City Commission, acting in its appellate capacity, violated due process requirements when it took new statements and considered new evidence which was not a part of the record from the Community Development Board. The Petitioners did not agree to the admission of this new evidence, but in fact objected to the City proceeding in this fashion. (T of City Commission A-267-268.) Further, the City's findings were not based on competent substantial evidence. The only competent substantial evidence heard by the Community Development Board at its February 15, 2011, hearing consisted of two recommendations from its own staff, both of which found that the requested variance was consistent with allowances previously granted to other undeveloped substandard lots of record in the vicinity, and that the variance would not be injurious to the area involved or otherwise detrimental to the public welfare. Additionally, the essential requirements oflaw were not observed when the Board considered a Power Point presentation which was previously prepared but undisclosed to the Petitioners, after all discussion had been closed by the Chair. Further, generalized conclusory statements of neighbors objecting to the variance and speculating about decreases in property value do not constitute, even in their cumulative effect, a legal basis to deny a variance. ,_. . .. Wherefore, it is, upon consideration, hereby ORDERED AND ADJUDGED that the Petition for Writ of Certiorari should be and the same is hereby granted. The denial by the Community Development Board of the variance requested by the Petitioners, and affirmance of that decision by the City Commission are hereby quashed, and this cause is remanded to the Respondent City of Atlantic Beach for the entry of an order approving the subject variance in compliance with the recommendations of the Atlantic Beach City Staff. DONE AND ORDERED in Chambers atJ acksonville, Duval County, Florida this __ day ORDER ENTERED ofNovember, 2012. Copies furnished to: Christopher A. White, Esq. 4230 Pablo Professional Court, Suite 200 Jacksonville, FL 32224 Sheryl G. Hopkins, Esq. 2707 East Jefferson Street Orlando, FL 32803 NOV 2 0 2012 lsi LAWRENCE P. HADDOCK CIRCUIT .JUDGE Karen and Donald M. Wolfson 1725 Beach Avenue Atlantic Beach, Fl32233 904~394-8190 donaldwolfson@cs.com VIA HAND DELIVERY -SUPPLEMENT TO NOTICE OF APPEAL LEITER OF APRIL 12, 201~ Aprl113, 2011 Ms. Sonya Doerr, Community Development Director Community Development Department Cl~y gf Atlf)ntic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: ZVAR-2011-01 Dear Ms. Doerr: AGENDA ITEM# 8A MAY9, 2011 Besides our request for the appeal ofthe decision ofthe Community Development Board dated Aprill2, 2011, please be advised that in addition to the concerns raised previously, specific grounds for the basis for our appeal to the City Commission Monday, May gth should Include, but not be limited to the fact that there Is not competent substantial evidence to support the decision rendered by the Community Development Board. I was not afforded due process In presenting our case as I was not allowed to present evidence to rebut the position the Board took as a resul~ of its discussions. The Chairman closed the floor for rebuttal and the Board's action to deny our variance VJ<!S In conflict with Section 24-82{j)(1) and (2). Furthermore, the decision of the Board conflicts wlth all reasons for grounds for approval of a variance as set forth in 24-64(d),(l-6): (1) exceptional topographic conditions of or near the property. (2) surroundi_ng 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. Initial Effective Date: January 01, 2002 + Last amended: March 08, 2010 by Ordinance 90-1D-212 26 AGENDA ITEM# SA MAY9, 2011 Ms. Sonya Doerr April13, 2011 Page two (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. Specifically, the Board found that our request did not comply with Section 24-64 of the Zoning and Subdivision Regulations, which findings are set forth below and followed with our responses as duly noted and set forth in bold type: · (1) The property is not of irregular shape warranting special conditions ... NOTE: Our· property: IS Irregular In shape warranting special conditions since the depth of the lot Is 50', (2) The substandard size oft he lot of record neither warrants a variance in order to provide for the reasonable use of the property nor are there other exceptional circtJmstances preventing the reasonable use of the property compared to other properties in the area ... NOTE: Mi11lmum front and rear yard setbacks are 20' each leaving a footprint depth of 10' and with the mlnlmum side yard setback requirements being a combined 151 • Building a structure with a 10' depth Is not functional. Also, these setbacks would allow for a single family structure to have a maximum footprint of 550sf which is in conflict with the minimum floor area requirements, as stated above, for single family residential dwelling units as set forth in 24~820)(1)(2), single family residential dwelling units being permissible on this lot In the City of Jacksonville prior to annexation of Seminole Beach by Atlantic Beach. Without granting the reduction of the rear yard setback from 20' to 10', a 50' deep lot Is an exceptional circumstance preventing the reasonable use of the property compared to other 50' deep lots ln the area granted historical variances that provided relief allowlng for reasonable use of the property; (3) The granting ofthe variance will have a materially adverse impact on the light and alr to adjacent properties, public safety, including risk of fire, traffic safety and general congestion of streets, the natural environment of the community and estabHshed property values ... NOTE: The 10' variance requested Is not one of height and therefore, there Is n.g adverse impact on the light and air to adjacent properties vis a vis 24~82(c) which is carefully addressed in the Code to which we Intend to adhere. The height percentage reduction for non-conforming lots of record was established to address this concern and thus the Board Ignored this requirement falling to recognize that the parameters of 24· B2(c} are appllcabte·to this request; AGENDA ITEM # SA :tv1AY9, 2011 Ms. Sonya Doerr Aprll13, 2011 Page three There are no public safety issues, specifically risk of fire as there will be at the very least30' between the rear wall planes of each adjacent structure and historically, this margin between structures has been determined to be safe and approved time and again In workshops attended by the COAB fire chief over a 14 year period; Traffic safety and general congestion of streets ·the permitting of residences between 171h and 18111 Streets along ~e west side of Beach Avenue has never been denied for this reason and in fact has been approved specifically addressing this concern; Adverse Impact on the natural environment of the community-since the annexation of Seminole Beach in 1987 and through 2010, 12 residential structures have been permitted and built nullifying this argument ofthe Board; A~,Y,,~~~Jm.R~,g;.Q.n esta.blished property values -In 1991, our property value soared 2;400% Immediately after the construction of 1778 Beach Avenue in 1989 and the property values along the west side of Beach Avenue have risen constantly with the construction of each single family residential unit again nullifying the argument by the Board to deny our varian~ based upqn a materially adverse Impact on established property values. :. · · · (4) The granting of the variance will not be In harmony with the general intent and purpose of Chapter 24, City of Atlantic Beach Zoning and Subdivision Regulations ... NOTE: Our answers address the concerns of the Board as set forth In the Order Denying Variance dated March 23, 2011. We believe that there Is no substantiation relative to the variance not being In harmony with the general Intent and purpose of Chapter 24 that was offered by the Board that validated the denial of our variance request. We sincerely appreciate you accepting this Supplemental Notice in addition to the letter of appeal that was hand delivered to your office Tuesday morning. We hope that this request and the payment that was submitted Tuesday is compliant with all of the provisions as set forth in 24-49(b). Should you require anything else, please let us know at your earliest convenience. I hereby verify that the above statements are true and correct. Sincerely, O~~Q M.uJ~ Donald M. Wolfson Ms. Sonya Doerr Aprlll3, 2011 Page four CC: Erika Hall, Principal Planner, City of Atlantic Beach Louis M. Barno, Mayor John l. Fletcher, City Commissioner Paul B. Parsons, City Commissioner Jonathan Daugherty, City Commissioner, Carolyn R. Woods, City Commissioner Alan Jensen, City Attorney, City of Atlantic Beach Christopher A. White, Esq., Attorney-at-law AGENDA ITEM# 8A MAY9,20ll VIA HAND DELIVERY Ap'ril12, 2011 1{1;\ren and Donald M. Wolfson 1725 Beach Avenu~ Atlantic Seach, FL 32233 904-394-8190 donaldwolfsoli@cs.com Ms. Sonya Doerr, Communjty Development Director Community Development Department City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: ZVAR-2011-01 Dear Ms. Doerr: AGENDA ITEM# 8A MAY9, 2011 Per the email dated Aprill, 2011 from Ms. Erika Hall, please accept this· tetter as our appeal of the decision of the Community Development Boanl issl,le.d Tuesday evening) March 15 1h. itw~s our Intention to come before the City Comrnis~iol') on April251\ however, we had a scheduling conflict. Therefore, we request that our appeal be placed on theagenda for the next City Commission meeting on Monday, May 91 ". Enclosed you will find our amended letter dated April 2"d to you which I hope you find to be self- explanatory. Also, enclosed please find the Planning & Zoning Appeal fee of $S0.00 as Hstecj in Section 24-69 {a)(l) and referred to in Ms. Hall's email of Arril ;L'\ We hope that this request and payment is compliant with aJI ofthe provisions as set forth in 24-49[b). Should you require anything else, please let us know at yqur earliest convenience. Sincerely, c;:)~~ .. CO !\.-\ . \.AJ cJ:~ Donal.d M. Wolfson \ .. Ends. Ms. Sonya Doerr April i2; 2011 Page two Cc: Erika Hall, Principal Planner, City of Atlantic Beach Louis M. Borno, Mayor John L Fletcher, City Commissioner Paul B. Parsons, City Commissioner Jonathan Daugherty, City Commissioner, Carolyn R. Woods, City Commissioner Alan Jensen, City Attorney, City of ,ll.tlantic B!'!ach Howard L. Dale, Esq., Attorhey~at-Law AGENDA ITEM II SA MAY9, 2011 VIA CERTIFIED MAIL-Amended April2, 2011 Karen ancl Donald M. Wolfson 1725 Beach Avenue Atlantic Beach, FL 32233 904-394·8190 donaldwo!fson@~.com Ms. Soriya Doerr, Community Development. Director Community Development Department City of Atlantic Beach BOO Semlriole.Road Atlilntlc Beach1 FL 32233 RE: ZVAR·2011-01 Dear Ms. Doerr: AGENDA ITEM# 8A MAY9, 2011 l!,lesday eVe[ling, March 151h, the 5-2 vote against the motion to approve our variance req).lest den led the V<Hiance necessarv for us to build a single family structure on our property b!O!yond the permissible minimum set-backs. Presently, we are permitted to build a single family residence within the 10' x .55' footprin~ (i.e. 550 square feet) as depicted on the power point slide that wa:. presented to mem.bers of the ABCD.B. Section 24:-820)(1) and (2) specifically requires the following minimum floor area for single family residentiai9We!ljng units; 1. One {1) story: Qne thoiJsa.nd (1,000) ~quare feet of enclosed living area. 2·, rwo (2) $tqry: Six hundre~ fifty (659) square feet of enclosed cove rag~ 6'n the ground floorMd not less than a total of one thousand (11 000) square feet ofenclosed living area. Without a variance/ building a single family structure, within the permissible 550 square feet focitprlrit does notaltow <;bmpliance IJII!th either one ()fthes~ requirements. Furthermore, a standard garage measures 20' deep by 10' wide p,er C<!r thus tnakfng it impossible to include a garage capa bJe· of housing a broad range of vehicles including but nQt limi~ec! to:? MINI Cooper (12.13' iongr, aHoMa Clvii: (14.78' long); a Chevrole.t Sl!blJrb9n (18.67' toDg)1 etc. Without a variance, we cannot unde(ahy Circumstances include a g~rage within a permissible structure having a 101 depth. The action of the ABCDB has placed a hardship upon us. Wit~out the variance requested, or without a variance reducing the rear yard and/or th~ front yard setbacks, we cannot build a single farnily structure on this nonconforming lot of record. Any time the government, in this case the ABCDB, over-regulates a piece of property so that it no longer has any practical use, such action as the one taken by the ABCDB, in my opinion, constitutes a "taking" through the denial of our variance request or at least grounds for relief under the Bert Harris Act. The action taken by the ABCDB eliminating the practical use of our ~-\\-wt{D3l0 Ms. Sonya Doerr-Amended April2, 2011 Page two AGENDA ITEM # SA MAY 9, 2011 property constitutes a tal<! rig of the niost se·rious kind-the denial of the basic property rights' of tax paying citizens. We respectfully invoke our right to appeal t~e legality of this decision before the City Cpmmission and if necessary before a court of law. At your earliest convenience, piease provide me with the necessary documents to apply for a hearing 'before the May 91h City Commiss.ion meeting. l request the detailed minutes of the iast two meetings of the ABCDB before which our variance re.ques~ was discussed as well as the complete list of names of those persons speaking before the Board on this matter. Enclo$ed please find our check #5009 In the amoi.mt of $50.00 for the Planning & Zoning Appeal fee. Sincerely, Donald M. Wolfson Encl. CC; Erika Hall, Prlncipal Planner, City of Atlantic Beach Alan Jensen, City Attorney, City of Atlantic Beach Chris Lamt)ertson, Community Development Boa·rct, Chairman Christopher "Blaine" Adams, Community Development Board l<elly Elmore, Community Development soard Ellen Glasser, Community Development Board Brea Paul, Community Development Board Harleston Parkes, Community Deveiopment Board Kirk Hansen, Community Development Board Howard L Dale, Esq., Attorney-at-Law AGENDA ITEM # SA MAY9,20ll fit£ COPY APPLICANT: City of Atlantic Beach· 800 Seminole Road • Atlantic Beach, Florida 32233-5<14 Phone: (904) 247-5800 ·FAX (904) 247:5345 • www.coab.us ORDER of the Community Development Board for the Cjty of Atlantic Be~ch; Flol'id~ Donald and Katen Wolfson 1725 Beach Avenue Atlantic Beach, Florida 32233 FILE NUMBER: zv AR--2011-01 DATE OF HEARING: March 15,2011 ORDERDENflNGV~CE Pursuant to Section 24-49 and Section 24-64 of the City of Atlantic Beach Zoning and Subdiv~sion Regulations, the above referenced applicant requested a variance from Section 24-107 (e) (2), such application seeking to allow a reduction in a required i'ear yard to allow for the future construction of a residential sttucture on a non-conforming 70' wide x 50' deep lot of record located on the west side of the right-of-way at 1725 J3each Avenue, On March 15, 2011, said request was considered at public hearing by the Goummq.ity· Develppment Board for the City of Atlmitic Beach. Having considet'ed the application and supporting documents and statements made by the Applicant, the Cotiununity Development Board fot1nd that the request did not compiy ·with Sectiqn 24-49 and Section 24-64 the City of Atlantic Beach Zoning and Subdivisi011 Regulations, firtding as follows: l. The property is uot of irregular shape wanantlng special conditions, neither are there exceptional topographic conditions of OJ' near the propetty, nor are there smTounding conditions or circumstances hhpacting the property disparately from neai·by prope11ies; 2. The substandard size of the jot of record neither warrants a variance in order to provide for the reasonable use of the prope11y, nor are there other exceptional Page2 of2 ZVAR-2011-ql Order Mitrclll7, 2011 AGENDA ITEM# SA MAY9, 2011 circumsta~1ces. pl'eventing the. reasonab.le use of the property compared to other properties in the area; 3. The. granting of the var[ance. will have a materially adverse impact on the light and air to adjacent properties, public sarety, including risk of fire, traffic safety and general cong~stion Qf streets, the natural environment of the conuuu11.ity, and established propet·ty values; 4. The gl'ai1ting of the variance will not be in harmony with the general intent and purpose of Chaptei· 24, City ofAtlm1tic Beach Zoniug and Subdivision Regl!lations. NOW THEREFORE, based on the said findings, the Community Development Board hereby DENIES the request to allow a red\lclion h1 a requir~d rear yard to allow for the future constmctioi1 of a residential stmcture on a non-confo11ning 70' wide x 50' deep lot of ~ecord located on the west side of the right-Of-way at 1725 Beach Avenue. DATEDTI·IIS ?.!;. DAYOF fVUrch 2011. Chris ambe1ison, Chairman Conununity Development Board The undersigned cm1ifies that the above Order of the Coinmunity Developmerit BoMd is a true and com::ct rendition of the Order adopted by said Board as the same appears in the record of the Community Development Boru:d minutes; Cormilliliit 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA lTEM # BA MAY9,20ll Drajl Minutes of the March 15, 2011 regular meeting of/he Community Development Board .. d:~~~ MINUTES OF THE REGULAR MEETJNQJ'OF THE ~~~~j}~;~tf COMMU.NITY DEVELOPM , "'BOARD Tuesday March 15•-,r '' •.,1g:;~, ' . ·~~,~~~7 ·~~i~~~\r,,,,~ The regular meeting of the Community was convened.',-. )02 pm on Tuesday, March at 800 Seminole.i{§''M:,.in Atlantic Beach. In 15, 2011 in the City Hall Commission Ll1!lmt>ers attendru1ee were Principal Planner Erika Hall, Adams, Kelly Elmore, Ellen Glasser, Kirk Hansen, ensen, arid~JlQf:!rd members Blaine Parl~~~i~~fid Brea Paul. '~;~i~i~?~P 1. CALL TO ORDER. Chairman to order at 6:02 pm. 2. 3. Commissioners .attendance. Chairman Lambertson Ellen Glasser requested :r~~,~~ifle'-fl,jaruJOO Ellen Glasser then .......... ""'·1t" 1evem·omem Director Sonya Doerr." ~lffiere Ms. Glasser asked if the applicant was "''"·>vuo"'' use, or if it was for fut,ure disposal, to out future disposal, but the immediate plan the minutes ofthe February 15, 2011 meeting, as noted. carried unanimously, 7-0. Chairman Lambertson noted that City Attorney Alan Jensen was Board. He then welcomed the audience, noting the presence of Paul Parsons, and thanked everyone for their interest and 4. OLD BUSINESS. a. ZVAR-2011-01, Donald and Karen Wolfson. Request for a Variance from Section 24- 107(e)(2) to reduce the required twenty (20) foot rear yard setback to seven (7) feet to allow for the future construction of a residential structure on a nonconforming lot of record at 1725 Beach Avenue. Mr. Lambertson disclosed that he had been contacted by the applicant prior to the meeting. Additionally, he said that he had been contacted by Board member Ellen Glasser who called to ask if it was permissible for her to have a conversation with the applicant regarding his request outside Page 1 of 10 Draft Minutes of/Ire March 15, 201 I regular meeting oft he Commrmity Development Board AGENDA ITEM# SA l\1AY 9, 201 I 44 of a noticed meeting. Ms. Glasser added that she did have a subsequent conversation with Mr. 45 Wolfson. 46 47 Jvlr. Elmore and Mr. Hansen also disclosed that the applicant had engaged each of them 48 independently in conversation regarding the CU11ent application. Mr. Adams and Mr. Parkes each 49 disclosed they had received voicemails fl:om the applicant, but had not spoken directly with him 50 outside of the meeting. 51 52 Ms. Hall introduced this item as having been deferred by, 53 request fur research and presentation of additional hi~tgf 54 the r~quest by the applicant to address some ofth1tJEg~~ 55 meetmg. The Board had also requested that ··GJty At 56 explained that Staff had researched 57 circumstances as the subject property, to 58 In particular, the current applicant is 59 from twenty (20) feet to seven (7) feet, to 60 which is a nonconforming lot of record of 61 Avenue. Section 24-85(b) legally 62 for one single-family dwelling, 63 district are maintained, or the 64 (CDB), in accor~ance with Section 65 66 historical information 67 of similar nonconforming 68 area known as Seminole Beach 69 known as Garage Approach Roadway) (3) 70 (COJ) and annexed into the City of Atlantic 71 action and a referendum vote of by 72 in November of 1986, and became effective 73 the applicant suggested that prior to the 74 affected property owners assurance that COJ Zoning Code 75 · in effect at the time, but different from those of 76 of supplementary documents are attached. 77 78 found no fonnal agreement to this effect, she did find, and had 79 and the Board members, copies of a memo sent out to residents at 80 in regards to zoning: 81 82 • Any permits issued prior to Janumy 1987 will be honored. 83 • Zoning of the area will be compatible with existing zoning, 1:e., single- 84 family, multi:family. 85 • Any permissible activity allowed by the City of Jacksonville will be 86 honored. 87 88 She also had provided the Board as well as the applicant with copies of side~by~side comparisons 89 of the Zoning Code and LDRs in effect for both Atlantic Beach and Jacksonville at the time, and a 90 section of the Official Atlantic Beach Zoning Map, as amended by the City Commission on 91 December 8, 1986, for the newly annexed area. Page2 oflO Draft Minutes ojrhe March 15, 2011 regular meeting of the Community Development Board AGENDA ITEM# &A MAY9, 2011 92 Specifically at issue for the current applicant, due to the reduced depth of the subject property, is 93 the required rear yard setback, which had been a minimum of ten (10) feet in the COJ, but a 94 minimum of twenty (20) feet in the COAB. Thus, Ms. Hall established an additional criterion 95 focus her research, (4) those' historic variance requests to reduce the required rear yard setback to 96 the 1987-COJ standard often (10) feet 97 98 During the years of 1987 through 1994, Ms. Hall found ten (10) requests for variance to the 99 required rear yard setback on properties subject to the .· . · Of those, three (3) 100 requests involved standard lots which were design I engineering phases and 101 utilizing the COJ setback at the time of annexat remaining seven (7) requests that 102 involved substandard lots, five (5) were approved two were denied. Both denials 103 were eventually overturned by the City upon which the 104 Kredell appeal was granted were complex whereas those of the 105 Hawkes appeal were more consistent However, none of the 106 variances exceeded or requested more to comply with l 07 the COJ standards. 108 109 Ms. Hall also reiterated that 110 as an exemplar of his proposal, 111 the existing footprint of a 1974 112 permitted by COJ, she had no 113 if a variance had 114 dated just prior 115 property 116 could be 117 "Yard Modi 118 she 119 120 numerous caDs and inquiries requesting 121 vesting, takings and precedence, and their 122 as well as requests for specific historic information in an 123 exist. While she felt that a precedent was set with the 124 be considered which suggest that precedent may no 125 1) passage of time since the action wh1ch invoked the 126 erties, i.e., 24 years since annexation and rezoning of Seminole 127 emorialized record of any agreement or provision guaranteeing a 128 '·ard setback, either at the time of annexation, or over the subsequent 129 130 131 132 133 134 Mr. Lambertson invited applicant Don Wolfson to address the Board. Mr. Wolfson stated that he 135 wanted to clarify a misinterpretation of his presentation at the February 15 1h meeting. The term 136 "hardship'' had been used; this was not the basis of his request though. He said he was merely 137 requesting what had been historically communicated to the residents of former Seminole Beach as 138 a conveyance of the existing COJ ten (10) foot rear yard setback as part of the annexation 139 agreement. Additionally, though a petition had been circulated and signatures gathered from some Page 3 oflO 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 l5p 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 1'72 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Draft Minutes of the March 15, 20llregulm• meeting of the Community Development Board AGENDA ITEM If 8A MAY 9, 2011 fifty (50) plus residents of.the Ocean Grove area in opposition to his request, only ti¥'ee of those parties owned property directly abutting his, being Jo Ann Ruggiero (1725 Ocean Grove Drive), Barbara James (1727 Ocean Grove Drive) and John Laliberte (1729 Ocean Grove Drive). Mr. Wolfson referred to his past service to the City as a member of the Community Development Board for approximately fuutteen (14) years, the majority ofwhich time he served as Chair, as well as time spent as Chair of the North Atlantic Beach Association, a group that had worked diligently to procure the annexation of Seminole Beach. H~ ·. ed that the compilation of official City records provided to the Board for review did refle rsonal opposition to virtually the same request he was making, on numerous instances · . However, he explained that each variance was required to stand on its own cted on guiding principles and established provisions of the time. Mr. Wolfson said he was particularly tro1,1,\i variance, but he was personally opposed tSt"' h agreed to take a :Atlantic Beach, s that Atlantic Beach s of North Atlantic · nportant commitments, to us, was t a garage apartment with living ·.denies our ri'ght to build such a igJp.en-City Planner George Worley stated "The proposed use of , ... ---~ Mr. ~*es' primary residence," in his staff repott to the City , 1993 ana regarding Mr:. Hawkes' appeal ofthe variance denial. He February 8, 1993 by Hans Tanzler, Jr, attorney for MJ·. Hawkes, of the City of Jacksonville Building & Zoning Inspection This is to our convel'sation that the l'eferenced property could have been a single family residence constructed under the City of Jacksonville :s- zoning code had the property not been annexed by Atlantic Beach More specifically, the zoning code for the City of Jacksonville required a rear yard setback often (JO)feet. Presently, residential zoning districts also requb-e ten (1 0) foot rear yard setback. Mr. Wolfson then read :fi·om the minutes of the February 8, 1993 City Commission meeting, at which Mr. Tmtzler represented the Hawkes' variance appeal and City Attorney Alan Jensen advised the Commission to grant the variance: Page4 oflO 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216· 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Draft Minules of/he Marcil 15, 2011 regular meeling ojlile Conummfty DE!I•e/opmenJ Board Hans Tanzle1; a lawyer representing A1i: Hmvkes, reported that Townsend and Virginia Hawkes wished to supplement their income with the rental pi'Operty. He explained prope1·ty owners in ihe area, fonne~·ly latown as Seminole Beach, were told prior to their agreel'ng to annexation that their right to develop property would not be more restrictive under Atlantic Beach than it was under Jacksonville. The rear setback would have been only I 0 feet when the property was part of Jacksonvflle and t (:]'':: tructure could have .• -,; been constructed. · . · Alan Jensen, City Attorney, advised that bff · i,~~ pi'Oml'se that was made prior to annexation, and the fact ~h t.. . er p'i'.(/p~r,ty owners in that area had been granted variances basctdl/JJ~ similar loglbj:f-denial of this j_<? .~.>;.·-:;: ·'. ~··..-·~· request would not be defensible in 7:~fiJ.~J~Y"' '\~ AGENDA ITEM # SA MAY 9, 2011 \~![;~(~j;.~ .. ~~~ Mr. Wolfson then respo~ded to Do~ald. W:"'"'' l's ~1723 ~e?n Gr<;>v \~~) state~ent at ~he February 15th CDB meetmg that motivation fo mg tli'¢;~~armnce was q¥t~fmanctal, saymg this was not true. He then COlf -the claim uggiero and Waristj!.Jl that real estate professionals had presented to { ~ vegetated lo g theirs were substandard and could not be developed, saying that nor . "' ent had t .. rity to promise that those lots would not be developed. In support oft •· that the ·"""t,~ould one day be developed, Mr. Wolfson pointed to 1996 instal ~d se~~&1,twes by the COAB, noting that property owners ited to pay ~. easf':~a west sides of Beach Avenue. rty owners that they go in together floor to public comment, ru:td recognized Atlantic Beach City Conunission 1740 Live Oak Lane) as the first speaker. Mr. Fletcher said he was there to address'· . resident rather than as an elected official. As a property owner in the vicinity, he sa1 ceived calls from a number of his neighbors, and like them, he was concerned about the .. ussions, no matter the fmal outcome. He cautioned the Board that there were a number of issues complicating the matter, and asked them to carefully examine the evidence in light of the specific grounds for approval and grounds for denial of a variance, as delineated in Section 24-64. He added that he found it ironic that Mr. Wolfson had been so adamantly opposed to the identical requests during his tenure on the CDB, but was standing before the same body making the same request today, on the same grounds which he opposed then. He reminded the Board that it was Mr. Wolfson and then-Board member Dezmond Waters who repeatedly referred to the original covenants and restrictions, which reportedly stated that the substandard lots on the west side of Beach Avenue ·were to serve as supplementary parking acconunodations for the oceanfront lots. However, in the absence of those covenants and restrictions, he was uncertain as to the original purpose and intent of those lots, or if that eve~ Page 5 oflO 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 AGENDA ITEM # 8A MAY9,20ll Draft ;\finutes ojrhe March 15, 2011 regular meeting oft he Commrmity Development Board mattered, given the extended passage of time and change in jurisdiction. Further, he said he wondered if the City's intention was to honor the COJ ten (1 0) foot rear yard setback in perpetuity, if at all, given the absence of any historic document specifically stating such. l'vf:r. Fletcher 1hanked the Board for their thoughtful deliberation and excused himself from the meeting. Donald Wanstall (1723 Ocean Grove Drive) thanked the Board for the opportunity to speak again, and apologized if he sounded angry ·at the February 15th meeting. He said he felt somewhat blindsided when Mr. Wolfson attempted to engage him in come sation about the request just two days before the meeting, even though the application had · led with the City some thirty·three (33) days before, on January 11, 2011. He asked that t carefully consider the grounds for denial of a variance as listed in Section 24~64(c), an· · structions: "No variance shall be granted ifthe Community Development Board, it · ermines that the grantin·g of the requested variance shall have a materially adv · ,. pact upon · more of the following," He then spoke to the potential impact to each{ · ·on, but specifica: -llight and air to adjacent properties, (2) congestion of streets, (4) B~·"'·"• ed property values~-, -~40..(7) the general health, welfare or beauty of the conununity. He n?te the deni~~~f ZV~-20Q~$J? on Jun~ 17, 2~03, then-CDB member Wolfson argued that ne1gh e fit to pnvacy, art~,!.h9 certamly agreed with that position. Further, he the Board h "· ~' he applicant to atf~W,pt to reach some· sort of compromise with the r to tonight's meeting. Mr. Wanstall said that his wife had amen ,to the variance if the structure were limited in height to one-story, but tha , · ould be amenable to reducing his request by a foot, !J~~~, ~~g~~ ~•:n>'""'",rt"<' is not directly adjacent to the a negative effect on everyone. she had three (3) main objections. First and investment, and that of her three neighbors. would mean less natural beauty, less values. besides failing to meeting any of the criteria request met all the criteria for denying a variance. Third, erosion of a peaceful, eclectic neighborhood of the 'u."''-'ll'""'"' the Board look beyond this one application, to the would be setting. Drive) said she was in accord with the residents who had to the Wolfsons' request. She said she had been approached by Mr. Wolfson the and asked if she would write a letter in support of his app Iication. When she replied th~t she would not, she said Mr. Wolfson responded that he would report to the Board that she had "no objection". Thus, she felt it was her duty to attend and ensure the record correctly reflected her opposition. Wayne Parrish (68 17th Street) said that he lived on the ·.southwest comer of 17th and Beach, and over the ·last five years he has observed continuous construction on the lots on the north side of 17th, and he was opposed to further increasing the density of the area. Mr. Lambertson asked ifthere were others wishing to speak for or against the application, and with no further comment, he closed the public hearing and opened the floor to Board members. Page 6 of 10 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 '321 322 323 324 325 326 327 328 329 330 331 AGENDA ITEM# SA MAY 9, 2011 Draft lt1inutes ofthe J\larch 15, 2011 regular meelingofthe Community Developinent Bom·d Ms. Glasser thanked Ms. Hall for her diligence in providing the Board with a thorough summary of previous actions and supporting documents. She then asked Mr. Wolfson how he reconciled his past opposition to such variances with his current position. Mr. Wolfson responded that circumstances were different then. At the time of the Kredell application, Beach Avenue supported two-way traffic, whereas it is now one-way, and a number of the properties had not been developed at that point. Additionally, the City Commission and the City Attorney had detennined that the CDB had not taken the correct position and, in sever '•· c~tances, he had been wrong. ~,If' 7 Ms. Glasser asked why Mr. Wolfson had voted to den ·' es' variance, to which he replied he h~d a p~il?sophical problem with development ~~tv, ... was only fifty (5~) ?ercent of the reqmred mmnnum area of a standard lot. Ms. Gla serltlien ~~~Mr· Wolfson as g1vmg "a lengthy history of the area, with particular reference. '·' e original d'l('!t-:xstrictions" and stating "that Garage Approach was uniquely designed. · dditional ~arkin ' · ~~ities and not for living spaces", according to the CDB minutes of'. , 1989. She requeste.9.f~9l~ification on the use of the term "hardship" in requesting a varian "-·'·,,,.While th!~~.,,was histotlq~HX a valid reason for granting a variance, such is no longer the case:"~:\1' e~~@l'~t'e very specine:{ , 1:1nds for approval and grounds for denial spelled 2,:· Ms. Glasser tb:, / ·. '"med that Mr. WoH\"'p did not need to state a hardship for this request.\:<., -~ e,tinle of ation, the only difference between tback, . ,.£~1l other development standards sinc&qjie annexation, the Zoning Code . tyanted to be sure that there was no nored. %>'Jensen said he did not recall there ed the Board that the subject property has been ,our (24) years, and is therefore subject to the -~w~ .. ~.r, Ms. Glasser referre ·\:.. edell and Hawkes denials, both of which were eventually overturned by the City Commi __ and asked about Mr. Jensen's February 8, 1993 statement that denial of the (Hawkes) variance was not defensible in court. Mr. Jensen explained a number of factors were considered, including the timing of the request relative to the aiUlexation, consistency of the request with other variances that had been approved, as well as the language ofthe LDRs in effect at the time, and the weak fmdings upon which the CDB based their denial. Mr. Elmore asked Mr. Jensen if this Board were to deny the request before them, would Mr. Wolfson be able to successfully challenge the denial. Mr. Jensen reiterated that it has been over eighteen (18) years since the Hawkes appeal. In the interim, there have been several complete rewrites ofthe LDRs as well as numerous amendments, all requiring public notices, community workshops and/or public hearings at which affected parties could have requested provisions to specifically address the circumstances of these lots. However, no such provisions have been incorporated into the LDRs, Page 7 oflO 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 AGENDA ITEM# 8A MAY 9,2011 Draft Minutes ofthe March 15, 2011 regular meeting oftlte Community Development Board and no additional variances meeting the same circumstances have been considered in the mean time. Mr. Jensen then reminded the Board that variances are to be considered on a casewby-case basis, and that they may be approved only upon fmdings of fact that they are consistent with the definition of a variance and consistent with the provisions of Section 24-64. If this Board were to follow these directions of the ordinance in effect today and carefully review the request in light of the grounds for approval and grounds for denial, as currently required, then their decision would be defensible. Board members concurred, and Ms. Glasser repeated preceding variances to reduce the required rear yard 's earlier statement that the all stood on their own merits. She then inquired as to the conditions of the north of the subject property at 1733 Beach Av,emte2';ialid '"~'"'""'""" Peimington lot, located replied that structure was built prior to the redevelopment required. As a point of in the existing footprint of a 1974 structure of the lot. Thus, the structure was clarification, Mr. Lambertson noted meeting, Mr. Wolfson was amenable to a thirteen (13) foot reduction to a ten (10) foot with the other variances that granted in MOTION: Ellen Glasser ,,.....,,,,,,,jf<th Staff and during the "'""''""''""·UI'> it from a ar,g;J,~~macK, consistent as verbally a'mended by the 'Y'-'.li'<uu'"" the required twenty (20) foot ---,~'"""'~ -~ a residential structure on a ""'~w;;r;,.,,..tly across from 1725 Beach fson had left such a long ·and detailed record of but she wished to thank him for his And while she was troubled by his complete impacts this variance might have on Elmo~e's earlier observation that denial of this the reasonable use ofhis property, which was tantamount to for denial and said while it was arguable that the granting of this adverse impact on congestion of streets (#2), public safety (#3), the aesthetic environment (#5), and the general health, welfare (#7), such a variance would have the greatest impact on light and air to adjacent and the natural environment of the community, specifically loss of protected trees and wildlife habitat (#6). Ms. Paul agreed, but reminded the Board that the applicant could potentially clear the lot without mitigation if there were no plans to develop it within the next year, thus making the tree argument a moot point. Mi'· Parkes said that the degree of impact on light and air to adjacent properties was relative to the scale of the structure. He then reviewed the grounds for approval. There was consensus that neither irregular shape of the property warranting special conditions (#5), nor exceptional topographic conditions of or near the property (#1), existed; neither did surrounding conditions or circumstances impact the property disparately from nearby properties (#2), nor did exceptional circumstances prevent the reasonable use of the property compared to other properties in the area Page 8 of 10 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 AGENDA ITEM# RA MAY9,2011 Draft Minutes of the March 15, 2011 reg~tlm·meeling of the Community Development Board (#3). Likewise, there was no onerous effect of regulations enacted after platting or after development ofthe property or after co·nstruction of improvements upon the property (#4), because the narrow strip of land from which the garage lots had been carved had never been platted as individual lots, and no documentation had. been provided to show that. the subject property itself had ever been developed or constructed upon. However, there was concern as to whether the substandard size of a lot of record warranting a variance in order to provide for the reasonable use ofthe property (#6), applied. The question came back to what was considered "reasonable use" of the lot. Mr. Parkes asked Ms. Hall if she could explain Wolfson without a variance. Ms. Hall pre:ser1tect,.~f.~.~i options were available to Mr. drawings showing several or two-story garage, with scenarios in which the lot could be developed guest quruters. Additionally, she constructed according to the applicant's constructed according to the amended required yru·d setbacks (20' rear yiu·d). Mr. Parkes summarized that a without a variance, and that of the original garage lot defended in the past. Further, it Mii'>f>"<~,.,.fl.'t could be constructed wu·~>mlr a single family dwelling yard), as well as one :"n+•·""t"'rl according to the .·guest quarters, · · · · be constructed with the reputed purpose and intent Mr. Wolfson had so vigorously nan·ow single-family residence adjusted so as to require a less to be coherently articulated licant would consider reducing that reduction of the front yard applicant would have to withdraw this request or (<f\ttltil\1'i'i'''"'"~'" an alternative plan and so that due notice what the Board had asked the applicant Yet there was no indication that the applicant neighbors, and nothing new, by way of an as amended by the applicant earlier this evening, the variance fifty (50) percent reduction in the standard. He continued, saying that he request that would allow development of a substandard lot to the detriment of However, Ms. Glasser said she was still conflicted. The Board had property was a legal nonconforming lot of record, and according to the LDRs, such be used for a single~ family dwelling. Ms. Hall added that the caveat of Section 24-85(b)(1), to which Ms. Glasser was referring was that nonconforming lots of record could be used for single-family residences in any residential zoning district provided that the minimum yard requirements for the particular zoning district were met, or provided that the property owner obtained a variance from the CDB, in accordance with the requirements of Section 24-64. Mr. Parkes reiterated that a substantial accessory building could be constructed without a variance, and a single-family dwelling, compatible with the scale of the lot and surrounding structures could be constructed with lesser variances than even the amended request. Mr. Hansen questioned the lack of a conceptual plan in the submittal, explaining that the uncertainty of what would be done with this seemingly dispropmtionate request made him apprehensive. :Ms. Paul responded that it was not always feasible to expect the applicant to go to Page9 oflO 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 AGENDA ITEM# 8A MAY 9, 2011 Dl'ajl Minutes of the Mardll5, 2011 regular meeting ojtTze Comm11nity Development Boord 5. 6. 7. the trouble or expense to have something designed before a variance was granted. Ms. Hall added that variance application submittals are required to submit a survey or lot diagram showing setbacks, with existing and proposed structures. She reminded the Board that they bad received copies o'fa property survey as well as a very simple sketch of the lot with standard setbacks, along with the other application materials in their February packets. Additionally, she noted that Mr. Wolfson had presented photos of the recently constructed garage on the Pennington property, and proposed to do something similar. .A;:,., ~·f.;":;.{J::'I:~\ Mr. Lambertson cautioned the Board that what might /~~i""'' ealing to one person would not necessarily be appealing to another, and should the pro · act, they could not legislate taste. ~ ~ Mr. Lambertson then noted that Mr. Wolfson had P,~¥ ···"· the February 15 1 meeting if the property was to be developed for personal use t~iP'it 0r fhture disposal, to which Mr. Wolfson had replied though he could not r .. iilture disff' the immediate plan was for development. Mr. Lambe1tson asked Mr .. · ~.;9. n if this was stil '· ,,~·~f£~Se -if the property was currently for sale, meaning was it listed k .· posted for sale. Mr.''Wo'lfson responded that the property was currently listed but there is no _ ,osted onsitY,. · '":~_;\~~~1:';·:- Mr. Lambertson asked if Mr. :Mr. Wolfson said no.· Mr on the floor to approve the required twenty (20) foot rear residential structure across from 1 Attest '<!~lfJi£;;~ d£~f~~ ·<·~d)};;,, desired to·11&~ A/:''''6nd his request ffit'~!ty way, to which restated t ere was currently a motion and a second requestedt&.Qm Section 24~107(e)(2) to reduce the (1 0) "'if¢t£t10 allow for the construction of a theW"~~ ide of the right-of-way directly Jthe motion failed, 2-5. [YES: could appeal the decision of the Community thhty (30) days of this decision. the meeting at 7:57pm. Page 10 ofiO To: From: Date: Subject: Applicant: AGENDA ITEM 4.a COMMUNITY DEVELOPMENT STAFF REPORT March 15, 2011 Public Hearing Zoning Variance, ZVAR-2011-01 Community Development Board Planning, Zoning and Community Development Depattment City of Atlantic Beach March 15, 2011 (revised Mar 8, 2011) ZVAR-2011-01 Donald and Karen Wolfson, 1725 Beach A venue. Atlantic Beach, Florida 32233 Requested Action: Request for a Variance from Sec. 24-107(e) (2) to reduce the required 20(twenty (20) foot rear yard setback to seven (7) feet to allow for the future construction of residential structure on a non conf01ming 50' x 70' lot of record lot at 1725 Beach Avenue, westside of1725 Beach Avenue. STAFF COMMENTS AND RECOMMENDATION This item was deferred by the CDB at the February 15, 2011, along with a request from Board members for additional historic inf01mation and/or a revision to the request by the applicant. Both Board members and the applicant requested presence of and input from legal counsel priot·to further consideration of this item. To reiterate, the applicant has requested this variance to allow for future development of the subject property, located on the west side of Beach Avenue. Like numerous other lots in the vicinity, this is considered a non-conforming lot of record of substandard size. Lots of less than 5000 square feet in size are considered to be substandard in size, although they may be legal Lots of Record, and the Code provides for their development for single-family use in accordance with current setbacks or with the terms of a variance :fi:om the Community Development Board. Such lots are typically 50' wide x 50' deep, and a number have received variances over the years. Section 24-64 (d) (6) setting forth the following grounds for approval of a variance would seem to be applicable to this request. Staff has done exhaustive research, and presents the following in suppmi of its recommendation for approval of a lesser variance, allowing for the reduction of the required twenty (20) foot rear yard setback to ten (1 0) feet, which is consistent with the allowances previously granted to other undeveloped substandard lots of record in the vicinity and adversely affected by the 1987 mmexation of Seminole Beach into the City of Atlantic Beach. 11 Excerpts from historic CDB minutes regarding variances granted for nonconforming lots impacted by the 1987 annexation, and discussions of related matters. 11 A compilation of documents related to the Mark Kredell variance appeal, regarding a pmi of Government Lot 4, recorded in 0/R Books 6156-2259 and 5600-1703, and otherwise known as 1850-1852 Beach A venue. 11 A compilation of documents related to the Townsend Hawkes variance appeal, regarding a pmi of Government Lot 4, recorded in 0/R Book 3098-721, and otherwise known as 1772 Beach A venue. The Board should carefully consider and provide findings of fact consistent with the provisions of Section 24-64, Variances, in support of their action. (c) Grounds for denial of a Variance. 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 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 situations created by the prope1ty owner. (d) Grounds for approval of a Variance. A variance may be granted, at the discretion ofthe Community Development Board, for the following reasons. (1) Exceptional topographic conditions of or near the propetiy. (2) SmTounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the prope1ty compared to other prope1iies in the area. ( 4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the prope1ty. (5) Irregular shape of the property warranting special conditions. ( 6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the prope1ty. 2 (e) Approval of a Variance. To approve an application for a variance, the Community Development Board shall find that the request is in accordance with the preceding tenns and provisions of this Section and that the granting of the variance will be in hannony with the purpose and intent of this Chapter. In granting a variance, the Community Development Board may prescribe conditions in conformance with and to maintain consistency with the City Code. Violations of such conditions, when made a patt of the terms under which the variance is granted, shall be deemed a violation of this Chapter, and shall be subject to established Code Enforcement procedures. (f) Approval of a Lesser Variance. The Community Development Board shall have the authority to approve a lesser variance than requested if the lesser variance shall be more appropriately in accord with the terms and provisions of this Section and with the purpose and intent of this Chapter. SUGGESTED ACTION TO APPROVE The Community Development Board may consider a motion to approve a lesser variance than that requested from Sec. 24-107(e) (2) to reduce the required twenty (20) foot rear yard setback to ten (10) feet to allow for the construction of a residential structure on a non conforming lot of record lot at 1725 Beach Avenue (west side) to run with the title to the property upon finding (Provide findings of fact similar to the following): (1) The special conditions and circumstances necessitating this request do not result from the actions of the applicant. (2) The substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. (3) The granting of the variance will be in harmony with the general intent and purpose of this Chapter, and the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 3 AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, March 15th, 2011 at 6:00p.m. Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Approval of minutes of the February 15th meeting. 3. Recognition ofVisitors. 4. Old Business. a. ZVAR-2011-01, Donald and Karen Wolfson.-Request for a Variance from Sec. 24- 107 (e) (2) to reduce the required twenty (20) foot rear yard setback to seven (7) feet to allow for the future construction of residential structure on a non conforming lot of record lot at 1725 Beach A venue. 5. New Business. 6. Other business not requiring action. 7. Adjournment. All information related to the item 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 and may be obtained at this office or by calling (904) 247-5826. Interested parties may attend the meeting indicated in this notice and state your opinions, or comments regarding the agenda items may be mailed to the address contained in this agenda. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which any appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. Afinutes oftlte February 15, 2011 regular meeting of the Community Development Board MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD Tuesday, February 15, 2011 The regular meeting of the Community Development Board was convened at 6:03 pm on Tuesday, February 15, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In attendance were Principal Planner Erika Hall and Community Development Board members Blaine Adams, Kelly Elmore, Ellen Glasser, Kirk Hansen, Chris Lambertson, Harley Parkes and Brea Paul. 1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:03 pm. 2. APPROVAL OF MINUTES OF THE NOVEMBER 16,2010 MEETING MOTION: Ellen Glasser moved to approve the minutes of the November 16, 2010 meeting, as written. Kirk Hansen offered a second, and the motion carried unanimously, 7-0. 3. RECOGNITION OF VISITORS. Chairman Lambertson introduced and welcomed new Board members Kelly Elmore and Brea Paul. He also expressed gratitude for the service of former Board members Joshua Putterman (4 years) and Lynn Drysdale (8 years). Board member Ellen Glasser then recognized the hard work and dedication of Community Development Director Sonya Doerr. 4. ELECTION OF OFFICERS. MOTION: Kirk Hansen moved to elect Chris Lambertson as Chair and Ellen Glasser as Vice-Chair of the Community Development Board for calendar year 20 11. Harley Parkes second the motion and it passed unanimously, 7-0. 5. OLD BUSINESS. None. 6. NEW BUSINESS. a. ZVAR-2011-01. Request from Donald and Karen Wolfson for a Variance from Section 24- 106(e)(2) to reduce the required twenty (20) foot rear yard setback to seven (7) to allow for the construction of a residential structure on a non-conforming lot of record at 1725 Beach Avenue. Ms. Hall introduced this item and explained that the subject parcel was a legal nonconforming lot of record with fifty (50) feet of depth and seventy (70) feet of frontage on the western side of what Page I of 4 """""""""""" __________________________ _ Minutes of the February 15, 2011 regular meeting of the Community Development Board was once called Garage Approach Roadway, now known as the northern extent of Beach Avenue. Though never officially platted, this area was historically sold off to the oceanfront property owners for for the construction of garages and/or guest quarters or surface parking. Chainnan Lambertson invited applicant Donald Wolfson to address the Board regarding his request. Mr. Wolfson provided Board members with a historical timeline of development on and around the subject property, and explained the significance of the 198617 annexation of the area previously known as Seminole Beach to the City of Atlantic Beach (COAB) jurisdiction. Prior to that event, the parcel was located within the City of Jacksonville (COJ), and such substandard parcels were allowed to be developed according to COJ regulations, particularly, a ten ( l 0) foot rear yard setback as opposed to the COAB required twenty (20) foot rear yard setback. Mr. Wolfson noted that numerous owners of similar nonconforming lots have been granted variances and allowed to construct residential structures over the years. As the owner of the subject parcel since 1981, he expressed his desire for the same allowances, and noted that without a variance, a structure built according to current COAB regulations could be no more than ten ( 1 0') feet deep. Mr. Wolfson also provided Board members with photos of a recently constructed garage apartment on the parcel addressed as 1734 Beach Avenue, and explained that he wished to build a similar structure. Ms. Hall noted though the 1734 Beach structure was located seven (7) feet from the rear property line, no variance had been required because the new structure was built in the footprint of a previously permitted, legal garage apartment. Ms. Glasser noted Staff had determined that the height of any structure would be limited to twenty- four-and-one-half (24 Yz) feet. She asked what effect a variance might have on the height, to which Mr. Wolfson replied none, explaining that the height was proportional to the total lot area. Mr. Lambertson opened the public hearing and invited comments. Donald Wanstall (1723 Ocean Grove Drive), whose property abuts the southwest comer of the subject property spoke in opposition to the requested variance and stated that he had also submitted his opinion via email. He called attention to the standards for approving and denying a variance, in particular that "nonconfonning conditions of adjacent properties shall not be considered" and a variance "shall not be [granted] for personal comfort, welfare". JoAnn Ruggiero (1725 Ocean Grove Drive), whose property directly abuts the western side of the subject property, also spoke in opposition to the requested variance and stated she had been told the lots were substandard and therefore were undevelopable, and thus construction would never occur on them. Barbara James (1727 Ocean Grove Drive), whose property directly abuts the western side of the subject property submitted a letter in opposition to the requested variance to Ms. Ruggiero, who read the letter to Board members and submitted a copy for the file. John Laliberte (1729 Ocean Grove Drive), whose property directly abuts the northwest comer of the subject property submitted a letter in opposition to the requested variance to Board members via email, and Ms. Hall noted that it too had been added to the file. Page 2 of4 Mlnwes of tire February 15, 2011 regular meeting of the Community Development Board Mr. Wolfson informed Mr. Lambertson that he had two letters in support of his application, the first being from Ms. Helen Lane (1721 Beach Avenue) and the second being [rom Robert & Forrest Parrish (1731 Beach Avenue). Mr. Wolfson read each letter and copies were provided for the file. Mr. Lambertson asked if there were others wishing to speak for or against the application, and with no further comment, he closed the public hearing and opened the floor to Board members. Ms. Glasser asked, with respect to property taxes, if the substandard lot subject to this request was billed separately, or together with the Wolfsons' oceanfront lot. Mr. Wolfson replied that the two are currently tied together and billed as a single tax parcel, but upon the advice of the COJ Property Appraiser's Office, he is in the process of separating them. Ms. Hall confirmed that the Wolfson property is the only one which has the western nonconforming lot tied to the eastern oceanfront lot, and that there is a law stating lots separated by a right-of-way are to be taxed separately. Mr. Elmore said that the annexation essentially resulted in a "taking'' because the "nonconforming" status was applied after the property owner had closed on that property. At the time of purchase, the property owner had certain rights and expectations as to what could be done with the property and due to the annexation and imposition of COAB regulations, those rights were lost. Mr. Lambertson pointed out that zoning codes and land development regulations evolve, noting that when the current code beca.me effective in 2002, it was acceptable to divide a one hundred (100) foot lot into two fifty (50) foot lots, but that was not the case now. Mr. Parkes noted from some perspectives, all zoning could be viewed as takings. Ms. Glasser acknowledged the prope11y owner's right to "reasonable use" of the property, and noted that without a variance, an accessory structure, occupying up to six hundred (600) square feet of lot area and built to a maximum height of fifteen (15) feet could be constructed. Mr. Hansen voiced empathy for both sides and questioned whether "reasonable use" without a variance was amenable to all parties. Ms. Glasser asked if the applicant was seeking a variance to construct something for personal use, or if was for future disposal, to which Mr. Wolfson replied he could not rule out future disposal, but the immediate plan was development. He told the Board that the required separation into a separate tax parcel would result in significantly higher taxes, and also added that he had been required to tie the lot into the City's water & sewer lines at a considerable cost. Mr. Wolfson emphasized the impact annexation had on such nonconforming lots, and Ms. Glasser asked if there were specific examples the Board could review. Mr. Wolfson referred to other such nonconforming lots to the north of his. Mr. Elmore asked if Mr. Wolfson had considered moving the structure forward, asking for a reduction of the front yard setback, and stated that he would entertain reducing the front yard to get more separation in the back. Mr. Lambertson reminded the Board that they could approve a lesser variance, but a shift or change in location of the requested variance would require due notice, preventing the Board from acting on such a revision at tonight's meeting. Mr. Parkes added that he would be in favor of such a revised application, noting that a garage typically requires a minimum depth of twenty-three (23) feet. However, Mr. Adams expressed concerns for safety with a diminished front yard, and Mr. Lambertson agreed. Mr. Elmore pointed out that there is typically four (4) to seven (7) feet of unpaved right of way between pavement and private lots in this vicinity, and Mr. Parkes noted that the subject lot is seventy (70) feet wide, providing sufficient space for surface parking next to a structure, rather than directly in front of it. Page 3 of 4 Afinutes oft he February 15, 20 II regular meeting oft he Community Development Board Mr. Lambertson called for a motion. Blaine Adams moved that the Board approve the applicants' requested variance from Section 24-1 06( e )(2), reducing the required twenty (20) foot rear yard setback to seven (7) feet, finding that the subject property met the grounds for approval of a variance according to Section 24-64(d)(4) and (6). Kelly Elmore seconded the motion, and Mr. Lambertson called for discussion. Ms. Glasser said she felt the Board required additional information regarding the variances granted to, and the development of similar nonconforming lots also subject to the annexation, and other Board members agreed. Mr. Elmore withdrew his second and Mr. Adams amended his motion as follows. MOTION: Blaine Adams moved that the Board defer consideration of ZVAR-2011-01 until the March 15, 2011, so that Staff could research and provide additional historical infonnation and/or the applicants could amend their application in the spirit of compromise with adjacent property owners. Harley Parkes seconded the motion and.it passed unanimously, 7-0. Chairman Lambertson asked Staffto request City Attorney Alan Jensen's attendance at the March 15, 2011 meeting. · 7. OTHER BUSINESS NOT REQUIRING ACTION. 8. ADJ~NMENT. Mr. Lambertson adjourned the meeting at 7:55 pm. u~ Chris Lambertson, Chairman Attest Page 4 of 4 AGENDA ITEM 5.a COMMUNITY DEVELOPMENT STAFF REPORT February 15, 2011 Public Hearing Zoning Variance, ZVAR-2011-01 To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: February 3, 2011 Subject: ZVAR-2011-01 Location: Applicant: Donald and Karen Wolfson, 1725 Beach Avenue. Atlantic Beach, Florida 32233 Requested Action: Request for a Variance from Sec. 24-106(e) (2) to reduce the required 20(twenty (20) foot rear yard setback to seven (7) feet to allow for the future construction of residential structure on a non conforming50' x 70' Lot of record lot at 1725 Beach A venue, west side of1 725 Beach A venue. STAFF COMMENTS AND RECOMMENDATION The applicant has requested this Variance to allo'vv for future development of their smaller lot on the west side of Beach A venue. These lots have long been considered as Non-Conforming Lots of Record of substandard size. Lots of less than 5000 square feet in size are considered to be substandard in size, although they may be legal Lots of Record, and the Code provides for their development for single-family use in accordance with current setbacks or with the terms of a Variance from the Community Development Board. These lots typically range in size from 50'x 50' wide and' 70'..:!:. deep, and numerous have received variances over the years. Section24-64 (d) (6) setting forth the follovving grounds for approval of a Variance would seem to be applicable to this request. Staffreconunencls approval and also recommends that this Variance be granted to nm with the title to the property. SUGGESTED ACTION TO APPROVE The Community Development Board may consider a motion to approve this request for a Variance from Sec. 24-106(e) (2) to reduce the required 20(twenty (20) foot rear ya1·d setback to seven (7) feet to allow for the construction of residential structure on a non conforming lot of record lot at 1725 Beach Avenue (west side) to run with the title to the property upon finding: Provide findings offact similar to the following.) (1) The special conditions and circumstances necessitating this request do not result from the actions of the Applicant. (2) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. (3) The granting of the Variance will be in harmony with the general intent and purpose of this Chapter, and the Variance will not be injurious to the area involved or othe1wise detrimental to the public welfare. 2 l r-·---·---·------------·---------------------------, Date \ h.'-\f I\ APPLICATION FOR A VARIANCE City of Atlantic Bench · 800 Seminole Road ·Atlantic Deneb, Florida 32233-5445 Phone: (904) 247-5800 · FAX (904) 247-5805 · http://www.coab.us File No.2' V/{R--Z 0 1/-,. 0 f 2. Applicant'sAddress \IJ._.;-(:),c_~:.~~"':\-\ l~\\iF-;:.'\TL{\t-1!1( n~l=\(.\-t 3. ProperLy Location Cj,;~\-';.CY\.:-i '"""(R..c\;·:, r<.~AC\\ ~i-v.e.. ,-..c['> H i"-1(:::>;::\ .. \ Ci~0\1 '> 1~\'(i'.,t:~~::, 4. Property Appraiser's Real Estate Number ---'-N.......J.._,_f-"~--------------------~- 5. Cunent Zoning Classification '\'-''{.""(;""";:; _____ 6. Comprehensive Plan Future Land Usc designation {\ l- 7. Provision from which Val'iunce is requested ·~·~,::,·,.T\=>-.n\\0\::.1) ·:,1 z.£,_oF A 1-.cT c~"' (?.i:':cpRi:--:, r::sc:u..:;;:-.'"T\\._~C:-1.:.~ vAQ.\\"'.0-.c:f of.:. ;'2t:O:l~r<:.. '-J(·\R..\'1 8. gr~~~y~~~~l'_e_~ '----""'§::..::0:.... ... _' -'x.:.::..'_ . ..J..J-"'o'-'_ ... _;_•;._~.::_·'~ __ c._'f·_· __ n~c r:Y1.c, r~:'f:l'"\ 9. Homeowner's As.$ociation 01· Architeetnral Review Committee approval required for the proposed construction. OY es [iaNo (If yes, this must be submitted with any application fo1· a Building Permit.) 10. Statement of facts and site plan related to requested Vat·iance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site phm must cleal'lv describe and depict the Variance that is requested. 11. Provide all of the following information: •. a. Proof of ownership (deed o1· ce~·tificatc by Iawye1' or abstract company o1· title company that verities record owne1· as above). If the applicant is not the owner, a Jetter of authorizntion from the owner(s) fo1· npplicant to represent the owner for all purposes related to this application must be provided. /b. Sm·vey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except whe1·e original plans. plwtogmpbs o1· documents hn·ger than llx17 inches are submitted. Please provide eight (8) conics of anv such documents. <1. Application Fee (S150.00) I HEREBY CERTlli'Y THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signatme of owner(s) or nuthorized person if owner's authorization form is attached: ' ' r Signntnre(s): < \.··· · ,.~~:.\. c~ j \ ADDRESS AND CONTACT INFORMATION! OF PEHSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: _fy_ ;'·.J P\ Lv~' 't<J'-'·"-F l Mailing Ad(h'ess: \ ·4-:?.. ':; .. (~, C.:_r0 •C \ j Phone: .''iU)-(~ ,., 1 .. G ~;_;C:.':;;,.~_FAX: 'i't~;cj ----··-·---·-------------( te,.Q!) ·~--- REQUEST FOR VARIANCE BY KAREN AND DONALD WOLFSON January 24, 2011 RE: PR GOVT LOT 7 RECD 0/R 5349-1108 Lot size: 3,500sf [70'x50'J Setback requirements: front & rear yard setbacks 20' each side yard 15' combined with a minimum of 5' on either side Setbacks allow a structure 10' deep (east to west), 55' long (south to north) and 24.5' in height. A structure 10' deep is functionally impractical and does not allow for reasonable use of this property as is afforded to neighboring properties within close proximity of this lot. We respectfully request a variance be granted allowing us to utilize our property in a comparable manner that our neighbor two lots north of this lot has been allowed within the past year. The comparable lot referred to, 1734 Beach Avenue, is a marginally smaller lot (60'x50'). The reduction of the rear yard setback for this lot allowed a structure to be constructed that is both functionally practical and an asset to the neighborhood and community In order to construct a similar sized and permitted structure as 173413each Avenue, we request a variance for the reduction of the rear yard setback from 20' to 7'. Donald M. Wolfson SO' deep 70' long south to north 20' rear yard setback 20' front yard setback SO'x70' lot directly west of 1725 Beach Avenue, Atlantic Beach, FL [not to scale] .! f I , f...-;-r·-r ! /~ 1 1-fr It A. DURDEN ,/ I\ & ASSOC'JATES INC L_ LAND D. HYDROGR,,)HIC • --SUf\VE:'!'ORS '-.._ POST OFYICE' DOX fl0~70 ~ JACK!I.OHVH.,l,.l:i: DI!:ACH, Fl.A. :n:,~o r C~.4'.7P"-c~.··-""!?T..:<uc;r;.-o,-.1 "7-"T/.J-"CK .<.n./c .-'<?T .c..e>C.t>TLi'O /?V /.U/<7 !Jv.,.::v::!-Y.' SIGNED ___ jyfA.:Z::_;"i;_ _____ 1 o ./JL SCALE:. J •• "".?.£.' ·-··--~-~---- THIS SURVEY NOT VALID UNLESS 1'H15 PRINT IS EMBOSSED WI1'H THE SEAL OF THE ABOVE SIGNI'P AGENDA ITEM# SA MAY 9, 2011 C:B:TY OF A'fLAN1':B:C BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, j!'L 32233 INSPECTION PHONE LINE 247-5826 ApplicatiotJ. ~umber . . . . . Property Address . . . . .. . Application type description Property Zoning . . . . . .. . Applic<;ltion valuation . , . . 11-00100040 1726 BEACH AVE APPEALS Date 4/12/ll RE$ ~EN 2F DISTRICT 0 -----~~-----~-~-----~------------~~-----~-----~----~--------~-----·---------Application desc ZVAR-2011-01/REAR SB/APPEAL TO CC ----------~-~-------~----------------------------------------~-------------- owner Permit . . . . Additional desc Permit Fee I!?E!Ue Date Expiration Date APPEALS 50.00 4/12/11. Contractor 01%JER Plan Check Fee Valuation .oo 0 ----~-----~-------------------~---------------------------------~------- Special Notes and Comments APPROVED TO PROCESS CH;ECK ONLY Fee summary Charged --~------------------... ----- Permit FeE! Total Plan Cheqk Total Grand Total City of A~Ianti~ Beach fn CUSTOMER RECElPT m: Opet•: DSHlTH Ty.pe: OC D1·awel'l I Date: 4/12111 Ol R~cQipt no: lt3722 Dcsct'iption Quantity.. Anount WI! 100040 . BUILDING PERtnTS 1.00 Tendel' detail CK CHECK Total tendmd To~al paynent 5009 50.00 .00 50.00 Paid Credited Due --.... ------.--____ ... _____ _, _____ ..;. ... ..:.....o 50.00 .oo . 00 .do .00 .OQ 50.00 .00 . 00 l'ERWT lS APPROVED ONLY IN ACCORD.\1\'CE WITH ALL CIT\' OF ATLANTIC BEACH ORDIN,\NCES AND THE FLORIDA. Dt!li.!HNG CODES. January 19, 2011 Mr. Donald M. Wolfson 1725 Beach Avenue Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH BUILDING AND PLANNlNG 800 SEMINOLE ROAD ATLANT[C BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5826 FAX: (904) 247-5845 www.coab.us RE: NON-CONFORMING LOT OF RECORD (PT GOVT LOT 7 RECD 0/R 5389-1108) Dear Mr. Wolfson, This letter serves as confirmation that the property known as PT GOVT LOT 7 RECD 0/R 5349- 1108, having dimensions of approximately 70' x 50' and lying west of Garage Approach Roadway as shown according to PLAT BOOK 15, PAGE 10, NORTH ATLANTIC BEACH UNIT NO 01, and recorded in the Public Records of Duval County on January 4, 1934, is a legally established non-conforming lot of record. The property is zoned Residential General (RG) and is designated Residential, Low Density by the adopted Comprehensive Plan for the City of Atlantic Beach. As such, Section 24-85(b)(1) of the Atlantic Beach Land Development Regulations (LDR) provides that the subject property may be developed with a single-family residence and typical accessory structures, provided the minimum yard requirements for the RG Zoning District are maintained, or provided that the owner of the lot obtains a variance from the Community Development Board in accordance with the requirements of Section 24-64 of the same LDRs. Sections 24-108(e)-(f) provide the minimum yard requirements and building restrictions for the RG Zoning District as follows: MINIMUM FRONT YARD SETBACK 20' MINIMUM REAR YARD SETBACK 20' MINIMUM SIDE YARD SETBACK 15' COMBINED, WITH 5' MINIMUM ON EITHER SIDE MAXIMUM IMPERVIOUS SURFACE AREA 50% OF TOTAL LOT AREA MAXIMUM BUILDING HEIGHT 24.5' * On non·conforming Jots of record, the height of buildings shall be restricted to a percentage of the area of the subject lot as compared to the minimum Jot area of the applicable zoning district, and applied to the maximum building height for the same zoning district. In tf1is case, it would be [{3500/5000} x 35}, or 24.5'. Woljson/Non-Conforming Lot 19 January 2011 Page 2 of2 Also, please note that after the initial effective date of these LDRs (January 01, 2002), no lot or parcel in any Zoning District shall be divided to create a lot with area or width below the requirements of these LDRs and the Comprehensive Plan [Section 24~85(b)(4)]. All other applicable land development regulations, building codes and permitting requirements, which are in effect at the time building permits are sought, shall apply to the development of this property. Please feel free to contact me at {904) 270-1605 or ehall@coab.us, with any further questions. Sincerely, Erika Hall Principal Planner