07-18-17 Agenda Packet
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday / July 18, 2017 / 6:00 PM
Commission Chambers / 800 Seminole Road
1. Call to Order and Roll Call.
2. Approval of Minutes.
A. Minutes of the May 16, 2017 regular meeting of the Community Development Board.
3. Old Business.
4. New Business.
A. ZVAR17‐0003 PUBLIC HEARING (Richard Merriam)
Request for a variance as permitted by Section 24‐64, to decrease the side yard setback
from a combined 15 feet with a minimum of 5 feet on either side as required by Section 24‐
106(e)(3) to a combined 13.5 feet with a minimum of 3.5 feet on one side at Atlantic Beach
Subdivision A Lot 29 Block 10 (aka 362 Plaza).
B. PLAT17‐0004 (Ahern TH Project LLC)
Request for re‐plat approval as required by Chapter 24, Article 4 of the Code of Ordinances
at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10 and 12 Block 2 (54 East Coast Drive, 329
and 331 Ahern Street).
5. Reports.
A. Administrative Variances Approved (None)
6. Adjournment.
All information related to the item(s) included in this agenda is available for review online at www.coab.us
and at the City of Atlantic Beach Community Development Department, located at 800 Seminole Road, Atlantic
Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding
agenda items, or comments may be mailed to the address above. Any person wishing to speak to the
Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance
to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed and
videotaped. The video is available at www.coab.us.
If any person decides to appeal any decision made by the Community Development Board with respect to any
matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including
the testimony and evidence upon which any appeal is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons
with disabilities needing special accommodations to participate in this meeting should contact the City not
less than three (3) days prior to the date of this meeting at the address or phone number above.
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
May 16, 2017
1. CALL TO ORDER AND ROLL CALL.
The meeting was called to order at 6:35pm. All members were
present except Richard Reichler, Patrick Stratton, Sylvia Simmons
and Kelly Elmore. Alternate member Judy Workman was asked to
fill in. Also present were Planner Derek Reeves, Board Secretary
Grace Mackey and representing the firm Lewis, Longman and
Walker, Mrs. Brenna Durden.
2. APPROVAL OF MINUTES.
A. Minutes of the March 21, 2017 regular meeting of the
Community Development Board.
Chair Paul decided to move this item to the next meeting when
more board members were present.
3. OLD BUSINESS.
There was no old business.
4. NEW BUSINESS.
A. 17‐UBEX‐497 (PUBLIC HEARING) (Atlantic Beach Paint
Party) Request for a use‐by‐exception as permitted by
Section 24‐111(c)(3), to allow on‐premises consumption of
alcoholic beverages in accordance with Chapter 3 of the
code at 703 Atlantic Boulevard Unit 707.
Staff Report
Planner Reeves explained that the property in question is in the
Commercial General zoning district, with a Future Land Use of
Commercial. It is an existing shopping center and no changes to
parking have been proposed. The proposed business is to have
group painting classes and private events as such, that are 2‐3 hours
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long each. These events will end by 9:00pm Monday through
Thursday, and 10:00pm Friday through Sunday. The applicant’s
request is to provide alcoholic beverages at these events to adults
21 years of age and older. The need for a use‐by‐exception comes
from Chapter 3 of the City’s code, regarding the consumption of
alcoholic beverages.
Planner. Reeves also clarified that the City’s codes regarding alcohol
consumption on‐premises did not differentiate between the
sources of the alcohol, meaning, if the applicant’s request for on‐
premises consumption of alcohol is approved, then she could
potentially sell alcohol on‐premises as well.
Applicant Comment
Amy Carson, 752 Cavalla Rd, 32233 introduced herself as the
applicant. She explained that she has been a business owner for 15
years in Jacksonville Beach and decided that she wanted to open a
business in Atlantic Beach where people could come and paint with
their friends and kids. Ms. Workman asked the applicant if all other
code requirements had been met, specifically parking
requirements. The applicant responded that they had.
Public Comment
Chair Paul opened public comment. With no public comment, Chair
Paul closed the public comment.
Board Discussion
There was no board discussion.
Motion
Ms. Lanier motioned to recommend approval of 17‐UBEX‐497 as
written. Mr. Mandelbaum seconded the motion. The motion
carried unanimously.
5. REPORTS
Chair Paul decided to defer all reports to the next meeting due to
the lack of members.
6. ADJOURNMENT.
Chair Paul adjourned the meeting at 6:56 PM.
_______________________________________
Brea Paul, Chair
_______________________________________
Attest
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO
LOCATION
ZVAR17-0003
Request for a variance as permitted by Section 24-64, to decrease the side yard
setback from a combined 15 feet with a minimum of 5 feet on either side as
required by Section 24-106(e)(3) to a combined 13.5 feet with a minimum of 3.5
feet on one side at Atlantic Beach Subdivision A Lot 29 Block 10 (aka 362
Plaza).
362 Plaza
APPLICANT Richard Merriam
DATE
STAFF
July 14, 2017
Brian Broedell, Planner
STAFF COMMENTS
The applicant is Richard Merriam, the owner of 362 Plaza. The property is a platted, rectangular lot in the
Residential, Single-Family (RS-2) zoning district. The lot is 50 feet wide and 130 feet deep and is located mid-
block on Plaza, between Seminole Road to the west and East Coast Drive to the east. Plans for the demolition of
the existing house and construction of a new two-story single family house at this property are currently in
permitting review.
A variance is needed for a section of the house that would be located 3 feet and 6 inches off the western (side) lot
line. Section 24-106(e)(3) requires side yard setbacks to be a combined 15 feet, with a minimum of 5 feet on either
side in the RS-2 zoning district. The house would be setback 10 feet from the eastern (side) lot line, resulting in a
combined 13 feet and 6 inches of total side yard setbacks.
The section of the house that will violate the minimum 5 foot side yard setback is the home entry located in the
western front of the house and encompasses both stories. The home entry is 8 feet and 2 inches deep, meaning a
total of 12.25 square feet of the house
would exist within the required side yard.
Beyond the home entry, the house is
setback exactly 5 feet from the western
lot line.
Roof overhangs of 2 feet are proposed for
this section of the house. If approved, this
would result in the roof line being 1 foot
and 6 inches from the western lot line and
3 feet and 6 inches within the required
side yard. Section 24-83(b) allows
structural projections up to 24 inches into
the required side yard.
The current plans for this proposed house violate additional sections of the land development code as well:
Both second story exterior side walls violate Section 24-172(c)(1) which requires exterior side walls
exceeding 35 feet in length to provide horizontal offsets in order to break-up the appearance of side walls.
The proposed roof overhangs on the eastern side of the house project 25 inches into the required side yard,
exceeding the 24 inch projection allowed by Section 24-83(b).
ANALYSIS
Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis,
and shall be approved only upon findings of fact that the application is consistent with the definition of a
variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a]
variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to
the extent as expressly allowed by this chapter and may be either an allowable exemption from certain
provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted
shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may
be subject to conditions as set forth by the City of Atlantic Beach.”
Section 24-64(d) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant stated in their application that the width of the lot (50 feet) does not provide sufficient
space for the construction of a two car garage and appropriate home entry while also complying with
the combined 15 foot side yard requirement.
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REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR17-0003, request to
decrease the side yard setback from 5 feet as required by Section 24-106(e)(3) to 3 feet and 6 inches to
allow for the construction of a home entry at Atlantic Beach Subdivision A Lot 29 Block 10 (aka 362
Plaza), upon finding this request is consistent with the definition of a variance, and in accordance with the
provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as
described below.
A variance may be granted, at the discretion of the community development board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR17-0003, request to decrease
the side yard setback from 5 feet as required by Section 24-106(e)(3) to 3 feet and 6 inches to allow for
the construction of a home entry at Atlantic Beach Subdivision A Lot 29 Block 10 (aka 362 Plaza), upon
finding this request is not consistent with the definition of a variance, or it is consistent with one or more
of the grounds for denial of a variance, as delineated in Section 24-64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines
that the granting of the requested variance shall have a materially adverse impact upon one (1) or
more of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public
safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas,
wildlife habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situation created by the property owner.
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO PLAT17‐0004
Request for re‐plat approval as required by Chapter 24, Article 4 of the Code of
Ordinances at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10 and 12 Block 2
(54 East Coast Drive, 329 and 331 Ahern Street).
LOCATION 54 EAST COAST DRIVE, 329 AND 331 AHERN STREET
APPLICANT AHERN TH PROJECT LLC
DATE JULY 14, 2017
STAFF DEREK W. REEVES, PLANNER
STAFF COMMENTS
The applicant is Ahern TH Project LLC, the company that owns 54 East Coast Drive, 329 and 331 Ahern Street
in the Residential General, Multi‐family (RG‐M) zoning district. These properties have been acquired over
the last two years and will be combined into a single development project. All together the property is 300
feet by 130 feet and is 39,000 square feet or about 0.9 acres. The applicant plans to build a 12 unit townhouse
project comprised of 4 buildings, each with 3 townhomes.
The property is located within the Residential Medium (RM) Future Land Use designation, which allows up
to 14 units per acre. At 0.9 acres, the maximum total number of units is 12.6 and is therefore rounded down
to 12 units. This is further called out in the Section 24‐88(a) requirement for new townhomes to have at least
3,100 square feet of lot area per townhome. Each proposed lot exceeds this requirement at 3,199 square feet
or more in lot area.
Section 24‐188 requires any division of land resulting in three or more lots is required to be platted. This is
also consistent with state statutes. Additionally, Section 24‐201 requires lands to be platted prior to the
issuance of permits for construction. As a result, this step is required before any development starts.
As required by Section 24‐203(b), the applicants have presented preliminary engineering plans that have
been reviewed by the City’s Public Works, Public Utilities, Building and Community Development
departments. These reviews are not an approval, but rather a proof of concept. Formal reviews will be done
at permitting. There are a few minor outstanding issues that are believed to be easily resolved and will not
impact the proposed plat.
There are two significant outstanding issues and those are the proposed easements and the covenants and
restrictions. These items have not been submitted yet and the City Attorney has asked to review them prior
to plat approval. There are multiple easements shown on the plat for various things like ingress and egress
and utilities. This is specifically a concern as Section 24‐252(c) requires access to a paved public street for
every lot and many of the lots in the project must cross other lots as they come and go.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the
City Commission of the requested Plat,PLAT17‐0004, at 54 East Coast Drive, 329 and 331 Ahern
Street within the Residential General, Multi‐family (RG‐M) Zoning District with the
condition(s) that:
1. The home be demolished within 180 days of Commission approval; and
2. The final plat be recorded within one year of Commission approval.
finding that;
1. Approval of this Plat is consistent with the intent of the Comprehensive Plan; and
2. Approval of this Plat is consistent with the requirements of Chapter 24, Article 4.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested Plat, PLAT17‐0004, at 54 East Coast Drive, 329 and 331 Ahern
Street within the Residential General, Multi‐family (RG‐M) Zoning District finding that;
1. Approval of this Plat is NOT consistent with the intent of the Comprehensive Plan; and/or
2. Approval of this Plat is NOT consistent with the requirements of Chapter 24, Article 4.
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