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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.
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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
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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.
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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
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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
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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.
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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
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