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2-16-16 xi �a MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD February 16, 2016 1. CALL TO ORDER AND ROLL CALL. The meeting was called to order at 6:07 pm. Chair Paul verified that all board members are present, with the exception of Mrs. Simmons and Mrs. Lanier. Also present was Building and Zoning Director, Jeremy Hubsch; Planner and Derek Reeves. Mrs. Paul welcomed the new board member Rich Reichler as well as the two new alternates, Steve Mandelbaum and Judy Workman. 2. APPROVAL OF MINUTES. A. Minutes of October 27, 2015 Mr. Elmore motioned to approve the minutes of the October 27th meeting. Mr. Parkes seconded the motion. The motion carried unanimously. B. Minutes of November 17, 2015 Mr. Elmore motioned to approve the minutes of the November 17th meeting. Mr. Stratton seconded the motion. The motion carried unanimously. 3. OLD BUSINESS. None. Page 1 of 7 4. NEW BUSINESS. A. 16-ZVAR-9 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64, to remove the Section 24-17 "building restriction line" requirement to allow the standard RS-2 zoning classification front yard setback of 20 feet along 8th Street at Club Manor Lot 12 except the westerly 23.69 feet and Lot 13 except the easterly 23.55 feet(140 8th St.). Staff Report Planner Reeves introduced the item and stated that the property is located on 8th Street in the RS-2 zoning district and Residential Low future land use. The property is located within the Club Manor plat. The proposed plan is to build a new single family home on the property 20 feet from the northern property line along 8th Street. A variance is needed because the Club Manor plat has 25 foot Building Restriction Line (BRL) from the northern property line along 8th Street and the city code requires that the city enforce platted BRLs. An image of the plat was shown with all of the BRLs highlighted. The applicants are requesting a variance because they believe that building to the BRL would place them in a hole compared to where the neighboring units were built. An image was shown that displayed sightlines based on building at the requested distance versus at the BRL. The neighbor to the east does have a rear yard variance that allows the structure to be 12 feet closer to this property than what would be allowed. Both neighbors have rebuilt or added on in the mid 2000s utilizing standard zoning setbacks but did not follow the BRLs. This has resulted in both homes being about 15 feet from their northern property line where they also have a 25 foot BRL. Mr. Reichler asked if a formal site plan had been submitted. Planner Reeves stated that one had not. Mr. Reichler then asked what the buildable area would be for the lot. Planner Reeves stated that the variance would be an increase of about 500 square feet of buildable area. Mr. Reichler asked a series of follow up questions related to light and air and the possibility of the neighbors to expand. Planner Reeves that the previously presented sightline diagram could also be seen as light and air while also confirming that the neighboring properties could both add on to their homes. Applicant Comment Saswata Roy, 90 Ocean Boulevard, Atlantic Beach, Florida 32233, introduced himself as the owner of the property and that he has asked Page 2 of 7 Chris Lambertson, his builder, to speak on his behalf. Mr. Lambertson pointed to the surrounding conditions in the neighboring properties that place this one in a unique circumstance. He also noted that while the both neighboring properties are 15 feet from the property line, they are only requesting 20 feet to be at the normal front yard setback and to provide some relief from the surrounding conditions. He also pointed to the lack of enforcement of the regulations. He then addressed some of Mr. Reichler's previous concerns that the home will be about 4,000 square feet, two stories tall with a detached accessory structure. Mr. Lambertson then provided a letter of support to the board. Public Comment Mrs. Paul opened the floor to public comment. John Dinneen of 110 8th Street, Atlantic Beach, FL 32233 stated that he is the owner of the neighboring property to the east and that he is in favor of the variance. Mr. Roy spoke briefly that he would like everyone to know that he is trying to build something that fits into Atlantic Beach where they can have some room to plant things and back and enjoy their yard. Joe McGurrin of 659 Beach Avenue, Atlantic Beach, FL 32233 spoke in favor of the variance. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mr. Parkes stated that he is the architect on this project and recused himself from the vote. Mr. Elmore reminded the board that they recently heard a similar case on East Coast Drive that the board denied. He stated that he did not necessarily oppose this variance but does have concerns about the previous case. Mr. Stratton noted each case is different. Mr. Elmore then asked staff how many more of these BRLs exist in the city. Staff responded that the Selva Marina neighborhood has BRLs and there could be more. Mr. Stratton stated that the previous structure on this site violated the BRL and that this is just putting it back where it was. Mr. Parkes, speaking as the project architect, stated that the previous structure violated the BRL and so do the neighbors and you won't find that in Selva Marina. Discussion continued about setting precedent on BRLs. Page 3 of 7 Mr. Reichler stated that he is having a hard time finding a legal reason to approve this variance. He reminded the board that nearby nonconformities are not grounds to approve a variance. Mr. Stratton stated that he thinks number 2 where surrounding conditions impact the property. Mrs. Paul stated that she felt number 4 would qualify where platted BRLs are outdated and that they can be removed with a little bit of paperwork. Mr. Elmore stated that those are logical arguments. Motion Mr. Elmore made a motion to approve the variance finding that surrounding conditions or circumstances impacting the property disparately from nearby properties, and that the onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Mr. Stratton seconded the motion. The motion carried unanimously. B. 16-ZVAR-13 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64, to designate 8th Street as the front yard as opposed to Ocean Boulevard as required by Section 24-17 "lot, corner" and to remove the Section 24-17 "building restriction line" requirement to allow the standard corner lot side yard setback of 10 feet along Ocean Boulevard at Club Manor Lot 11 and the westerly 23.69 feet of Lot 12 (170 8th Street). Staff Report Planner Reeves introduced the item and stated that this is a two part variance that requires both parts for them to be able to do what they would like do. It was explained that this property is also part of the Club Manor plat and had platted BRLs. In this case the applicant would like to construct an addition onto the house for a garage that will go over the 15 foot BRL located along Ocean Boulevard. The property is on a corner lot where by code the front yard is along Ocean Boulevard and the side yard is along 8th Street. The house is functionally designed facing 8th Street and is about 15 feet from the 8th Street property line. The house is about 17 feet from the property line along Ocean Boulevard. Both sides are nonconforming due to setbacks and BRLs. A two part variance is needed to address the nonconformities and allow the addition of a garage. The first part is to redefine the front yard as corner lot. By making 8th Street as the front yard, the home will largely be made conforming related to setbacks with the exception of the area 15 feet from the 8th Street property line. The second part is to allow the garage addition to violate the BRLs to go to the standard zoning setback Page 4 of 7 for a corner lot which is 10 feet in the side yard instead of the 15 foot BRL. Diagrams were shown of enforceable setbacks pre and post variance if it were approved. The plat of the neighborhood was shown to demonstrate that it was originally intended to be 4 lots on this side of the 8th Street that would make 8th Street the front yard for all 4 lots. When the lots were divided into 3, the 2 lots on the ends had their yards shifted, which conflicts with the BRLs. An option of a lesser variance was presented that would remove the BRL from the Ocean Boulevard side only, which would still allow the applicant to build what they want while preserving the BRL along 8th Street. The consistency with the surrounding area was discussed where most properties along Ocean Boulevard have a 20 foot setback along Ocean Boulevard and this would have a 10 foot setback. The properties within the same plat have a 15 foot BRL along Ocean Boulevard. The other properties along 8th Street also have a 25 foot BRL with the exception of the other variance that was approved tonight. Mr. Reichler asked why a variance to allow an addition to a nonconforming structure was not also requested. Planner Reeves stated that the code allows nonconforming structures to be added onto when the addition does not make the structure more nonconforming. Basically, that the addition must be within setbacks and meet all other codes. Mr. Reichler then asked if the proposed addition could be done in referenced lesser variance and why it differs from the request. Planner Reeves stated that the lesser variance allows the proposed addition to be constructed, but the full variance removes all BRLs from the site when only side needs to be removed. Mr. Reichler then asked if the board had the authority to change yard designation and that perhaps this should have been a request to reduce the front yard setback instead complicating it with the corner lot designation. Mr. Hubsch stated that he agreed that that was another option to reach the desired outcome and that the board could make their motion in that manor if they chose. Applicant Comment William Dorsey, 170 8th Street, Atlantic Beach, Florida 32233, introduced himself as the owner of the property and stated that the front of his house has always been 8th Street functionally and by address. He stated that he would simply like to add a garage that the house does not currently have. He presented a photo of the property showing the Page 5 of 7 impervious surface that he planned to remove as part of the construction. He added that he would be ok with the lesser variance. Public Comment Mrs. Paul opened the floor to public comment. Berry Adeeb, 501 Atlantic Boulevard, Atlantic Beach, FL 32233 stated that he was in favor of the variance and asked if the variance ran with the property. Mr. Hubsch answered Mr. Adeeb's question stating that yes variance do run with the land. With no additional speakers, public comment was closed by Mrs. Paul. Board Discussion Mr. Reichler stated that is clear that the house already violates the setbacks on 3 sides after the conversion of the previous garage and porches to living space and adding on. He added that the owner has not presented a legal reason to approve the variance other than the fact that he does not have a garage like his neighbors. He then stated that he would be in favor of granting the lesser variance. Mr. Elmore stated that he is concerned that this would be the only property along Ocean Boulevard in this area to have a 10 foot setback. Mr. Parkes stated that he was concerned about changing the front yard and side yard for a corner lot. Mrs. Paul echoed that feeling. Mr. Parkes asked for clarity on how through lots are treated. Mr. Hubsch stated that Ocean Boulevard is the front yard for those lots. Mr. Reichler stated that the board should consider the lesser variance. Mr. Parkes agreed. Mr. Elmore asked if the property to the south was a side yard on Ocean Boulevard. Planner Reeves stated that its front yard is on Ocean Boulevard even though the house functionally faces 7th Street. Discussion ensued about the precedent that this variance could set for other corner lots. Motion Mr. Patrick made a motion to deny the variance finding that the variance would have a negative impact on the aesthetics of the community. Mr. Parkes seconded the motion. The motion carried unanimously. 5. REPORTS. None. Page 6 of 7 6. ADJOURNMENT. Prior to adjournment, Mr. Elmore asked staff for information related to the Gate gas station project after having several people approach him about it as a board member. Mr. Hubsch stated that the city received a permit application for a gas station in the fall and staff has been working through the review process with the applicant. There have been a lot of questions from the public about the use. Staff, with the help of the City Attorney determined that the proposed use fits within the allowable use of an Automobile Service Station in the Commercial General zoning district where the property is located. For additional clarity on the matter, the city hired Steve Lindorff, the former Director of Jacksonville Beach's Planning Department with over 35 years of experience to review the use and other aspects of the permit. He too found that the city made proper decisions related to the project. The city did receive notice today that two adjacent businesses have appealed and those appeals will be heard by the City Commission. Mr. Elmore asked if this would be coming before the board. Mr. Hubsch stated that the project would only come before the board if it needed a variance and that to this point they have gone above and beyond our requirements. Mr. Elmore then asked if there will be access to the adjoining streets other than Atlantic Boulevard. Mr. Hubsch stated that they have one access point on the side street and two on the rear street. Mr. Elmore asked if commission has the ability to deny the project. Mr. Hubsch stated that commission could rule against his decision and deny the permit at which point there could be an appeal to a higher court. Mr. Reichler asked that staff help applicants understand where the required yards are on their property relative to their address and the built conditions on the lot in order to avoid future issues. Mr. Hubsch assured Mr. Reichler that this is done by staff, but that staff will do better in the future to avoid those types of issues. Mr. Parkes motioned to adjourn the meeting. Mr. Elmore seconded the motion. The motion carried unanimously and the meeting was adjourned at 7:30 pm. ' Ti ' a.a,, Brea Paul, Chair Attest Page 7 of 7