Order Affirming the Decision of the CDB- 15-ZVAR-1035 (2) „ r5 i L'J'' '' BEFORE THE CITY COMMISSION
THE CITY OF ATLANTIC BEACH,FLORIDA
.i
VARIANCE APPLICANT: Dr. David A. Doward
APPELLANTS: Dr. Saswata&Anjna Roy
FILE NUMBER: 15-ZVAR-1035
PROPERTY ADDRESS: 88 Ocean Boulevard
Atlantic Beach, Florida 32233
ORDER AFFIRMING THE DECISION OF
THE COMMUNITY DEVELOPMENT BOARD
THIS MATTER, having come before the City Commission on September 28th, 2015, on
appeal of the decision of the Community Development Board dated July 21st, 2015, for a hearing
and after review of the record, review of the affidavit of Brett Newkirk, hearing the presentation
of the City and the presentation and argument of the Appellants, Dr. Saswata and Anjna Roy, the
Applicant, Dr. David Doward, Troy Roarke, and Ron Woods, the City Commission hereby finds
as follows:
1. The applicant requested a variance from Section 24-88(b) of the City's Code of
Ordinances relating to: 88 Ocean Boulevard,Atlantic Beach, Florida 32233.
2. On June 2"d, 2015 and July 21St, 2015, the Community Development Board heard and
reviewed the applicant's request for variance.
3. Thereafter, on August 5th, 2015, the Community Development Board rendered an Order
Approving the Variance.
4. A notice of the appeal hearing was duly published and provided to the Appellant and
Applicant for the hearing held on September 28th, 2015.
5. Each member of the City Commission disclosed any applicable ex-parte communication
pursuant to City of Atlantic Beach Resolution 85-26. The parties made no objection and
took no exception to the disclosures.
Page 1
6 . The appellate review hearing was called to order by the City Commission at 5 : 00p .m. on
September 28th, 2015 .
7 . Building and Zoning Director for the City, Jeremy Hubsch, presented :
a. The history of the presentations made to the Community Development Board;
b . The position of the applicant seeking a variance from the requirement of,
"adjoining two-family or townhouse dwelling units shall be constructed of
substantially the same architectural style, colors and materials" ;
c . The standard of review pursuant to Sections 26-64(c) and (d) of the City' s Code
of Ordinances ; and
d. The Community Development Board ' s vote of 3 -2 to approve the variance .
8 . The Appellant, Anjna Roy, presented the following additional information:
a. The affidavit of Brett Newkirk;
b . A transcript of the Community Development Board hearing on July 21St, 2015 ;
c . The testimony of Troy Roarke relating to his assessment of 90 Ocean Boulevard,
Atlantic Beach, Florida;
d . The lack of water intrusions or mold at 90 Ocean Boulevard;
e . The appropriateness of stucco when applied correctly;
f. In light of the ability to use stucco, a valid basis did not exist for the Community
Development Board ' s decision; and
g. The appellants disagree with the Community Development Board ' s determination
that a variance should be approved because of exceptional circumstances
preventing the reasonable use of the property as compared to other properties in
the area.
9 . The Applicant, David Doward, presented the following response :
a. The history of the property and unknown reports relating to the extent of damage
caused by water intrusion to his property;
b . The testimony of Ron Woods regarding the attempts to use stucco, and its failures
when applied incorrectly and when in close proximity to the ocean; and
c. During the Community Development Board ' s review of the applicants ' request,
the City staff recommended approval of the variance .
10 . The Appellants and Applicants provided rebuttal comments and closing arguments .
Page 2
11. The Commission discussed and questioned the opinions of the appellants, the applicant
and their witnesses.
12. Commissioner Daugherty moved to grant the appeal, reverse the decision of the
Community Development Board and deny the variance, which died for lack of a second.
13. Commissioner Mark moved to deny the appeal and uphold the decision of the
Community Development Board approving the variance. The motion was seconded by
Commissioner Hill.
14. After calling the vote, the motion was approved by a vote of 4-1, with votes in support of
the motion from Mayor-Commissioner Woods, Commissioner Beckenbach,
Commissioner Hill and Commissioner Mark and a vote in opposition from Commissioner
Daugherty.
Based upon the foregoing,it is hereby ORDERED:
1. The appeal of the Community Development Board's order approving the variance, taken
by the appellants, is denied.
2. The decision of the Community Development Board is affirmed.
DONE AND ORDERED in Chambers at Atlantic Beach, Duval County, Florida on this
l SY' day of October,2015.
ATTEST:
d r
Donna L. Bartle, Carolyn Woods,
City Clerk Mayor, Presiding Officer
Copies to: Dr. Saswata&Anjna Roy
Dr. David Doward
Page 3