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2-26-18 Special Commission Agenda Packet - Gaglione Appeal CITYOFATLANTICBEACH COMMUNITYDEVELOPMENTBOARD REGULARMEETINGAGENDA Tuesday/November21,2017/6:00PM CommissionChambers/800SeminoleRoad 1. CalltoOrderandRollCall. 2. ApprovalofMinutes. A. MinutesoftheOctober17,2017regularmeetingoftheCommunityDevelopmentBoard. 3. OldBusiness. A. ZVAR17Ͳ0007PUBLICHEARING(ZacharyCrabtree) RequestforavarianceaspermittedbySection24Ͳ64,todecreasethesideyardsetbackfrom10 feetasrequiredbySectionIIIoftheSelvaMarinaUnit12ͲCPUDto5feetanddecreasetherear yardsetbackfrom20feetasrequiredbySectionIIIoftheSelvaMarinaUnit12ͲCPUDto7feet,10 inchestoallowascreenenclosureatSelvaMarinaUnit12ͲCLot4(aka1865LiveOakLane). 4. NewBusiness. A. ZVAR17Ͳ0008PUBLICHEARING(Sarah“Sally”L.Young) RequestforavarianceaspermittedbySection24Ͳ64,toincreasetheallowablefenceheightfrom 4feetasrequiredbySectionIII(D)(4)oftheSelvaMarinaUnit10ͲBPUDto6feetatSelvaMarina Unit10ͲBLot7(aka1820NorthSherryDrive). B. ZVAR17Ͳ0010PUBLICHEARING(LoriGaglione) RequestforavarianceaspermittedbySection24Ͳ64,toincreasethepermittedheightoffencing allowedinfrontyardsfromfourfeetasrequiredbySection24Ͳ157(b)(1)toaheightofsixfeetat Lot1,Block3,SelvaMarinaUnit2(aka1505SelvaMarinaDrive). C. ZVAR17Ͳ0009PUBLICHEARING(ThomasJamesBelichJr.) Request for a variance as permitted by Section 24Ͳ64, for relief from the Section 24Ͳ88(b) requirementforadjoiningtownhousedwellingunitstobeconstructedofsubstantiallythesame architecturalstyle,colors,andmaterialsandforrelieffromtheSection24Ͳ88(c)requirementfor adjoining townhouse dwelling units to be constructed at substantially the same time or in a continuoussequencetoallowtheadditionofaporchintherearatSection“H”thewest30feetof Lot3andtheeast10feetofLot4Block65(aka73W10thStreet). 5. Reports. A. AdministrativeVariancesApproved(None) 6. Adjournment. Allinformation related totheitem(s) included inthisagenda isavailable forreviewonline at www.coab.us and attheCityofAtlantic BeachCommunityDevelopmentDepartment, locatedat800SeminoleRoad,AtlanticBeach,Florida32233.Interested partiesmay attend the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Any personwishing tospeak totheCommunityDevelopmentBoard on anymatter at thismeeting shouldsubmit a Comment Cardlocatedatthe entrancetoCommissionChamberspriortothestartofthemeeting.Pleasenotethatallmeetingsarelivestreamedandvideotaped.Thevideois availableatwww.coab.us. Ifanyperson decidestoappealanydecision made by the Community Development Board with respecttoanymatterconsideredatany meetingmayneedtoensurethataverbatimrecordoftheproceedingsismade,including thetestimony andevidence uponwhichanyappeal istobebased. In accordance with theAmericans with Disabilities ActandSection286.26oftheFloridaStatutes, personswithdisabilities needing specialaccommodations toparticipate inthismeeting shouldcontacttheCitynotlessthanthree(3)dayspriortothedateofthismeeting attheaddressorphonenumberabove. December 14, 2017 Honorable Donna L. Bartle Clerk of City of Atlantic Beach City Hall 800 Seminole Road RE: Appeal of Variance Denial by the Community Development Board Dear Ms. Bartle: Pursuant to Section 24-49, Code of Ordinances of the City of Atlantic Beach, Florida, appeal is hereby made on behalf of myself and my husband William P. Nail, as the property owners of 1505 Selva Marina Drive, Atlantic Beach, Florida concerning the denial of our request for a Variance to construct a six foot fence at the property line (adjacent to/behind the existing 1 0 foot hedge) on Seminole Road. We believe the Community Development Board failed to properly analyze and apply the city's code regarding Grounds For Approval of a Variance and we have been adversely affected by their decision. Specifically, we believe the Board failed to find that the following reasons existed allowing for a Variance: (2) certain conditions or circumstances impact our property disparately from nearby properties; (3) there are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area; (4) there is an onerous effect of regulations enacted after the platting and development of our parcel; (5) the property has an irregular shape warranting special consideration. The lot has a pie shape with exposure to both Seminole and Selva Marina Drives. Therefore, there is no private back yard by nature ofthe lot configuration. The vast majority of lots in Atlantic Beach are conforming lots with a ii-ont yard that faces a street and a back yard that does not. Therefore, the impact of the fence regulation impacts our property disparately. Due to these exceptional circumstances, we are unable to make use of our entire lot, create a backyard space that is safe for our children and allows for privacy from Seminole Road. According to the original plat, Seminole Road is considered our front yard. However, the property was developed to face Selva Marina Drive, has a Selva Marina Drive address, the front door and drive way face Selva Marina Drive and Seminole Road runs along the side and back of our property. A 10 foot setback is being required for a 6 foot fence along Seminole Road. However, were it properly considered our side yard, the 10 foot setback would NOT be required. This requirement came into effect after the development of the property to face Selva Marina Drive and is having an onerous effect on the use of our property. And, as stated already, the lot has an irregular shape which warrants a Variance to allow for the creation of private back yard space. The Community Development Board expressed great concern for a "tunneling" effect on Seminole Road, and concern that allowing us to build a 6 foot fence would lead to an onslaught oftall fences diminishing the beauty of the community. However, nearly 90% ofthe lots on Seminole Road are conforming lots facing Seminole Road with Seminole Road addresses, and would not be entitled to a Variance to build a 6 foot fence at their property line. There are only approximately 5 lots similar in nature to ours on Seminole Road which could possibly qualifY for the same variance. Therefore, no "tunneling" effect is possible because so few properties qualifY for a Variance. Additionally, a 10 foot hedge already exists where the proposed fence will go. That hedge will be maintained as greenscape to beautifY the fence and accentuate the design scheme of the overall renovation of the home. Since there is already a tall hedge in existence where the fence will go, we are not "adding" to any tunnel effect. It already exists in hedge form. We believe a beautiful modern horizontal wood fence would vastly improve upon the current scraggly hedge there now. We are requesting that The City Commission hear our request for a Variance and allow us to present the design scheme for the entire renovation project so that the fence will have context. We are also requesting that all materials submitted to the Community Development Board be transmitted to the City Council and a copy forwarded to me. Thank you for your kind attention to this matter. Sincerely, Lori A. Gaglione Date Siff~ 1P-; l~f 17 NOTARY: CITYOFATLANTICBEACH COMMUNITYDEVELOPMENTBOARD STAFFREPORT AGENDA ITEM 4.B CASE NO ZVAR17-0010 Request for a variance as permitted by Section 24-64, to increase the permitted height of fencing allowed in front yards from four feet as required by Section 24-157(b)(1) to a height of six feet at Lot 1, Block 3, Selva Marina Unit 2 (aka 1505 Selva Marina Drive). LOCATION 1505 Selva Marina Drive APPLICANT Lori Gaglione DATE November 13, 2017 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Lori Gaglione, the owner of the single family home at 1505 Selva Marina Drive. The property is located in the Residential Single-Family, Large Lot (RS-L) zoning district and its Future Land Use designation is Residential Low Density (RL). The lot adjoins both Selva Marina Drive and Seminole Road, making this a corner lot. For corner lots, Section 24-17 defines the front of the lot as the exterior lot line of the narrowest side of the lot adjoining the street. As the narrowest side of the lot adjoining a street, the southern property line that adjoins Seminole Road is considered the front of this lot. A variance is needed to install a 6 foot tall fence along the (front) property line adjoining Seminole Road. Section 24- 157(b) limits maximum fence heights to 4 feet within required front yards, meaning a 6 foot fence is required to be setback a minimum of 20 feet from the front property line. The proposed fence would be over 30 feet from Seminole Road and placed behind an existing hedge located on city property (see picture). A variance is not needed for the proposed new porch. While it is mentioned in the variance application, no variance is necessary. 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. The applicant states in their application that the proposed fence would not obscure the view of traffic in any way due to the unique configuration of the intersection between Seminole Road and Selva Marina Drive and the irregular shape of the property. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 2 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0010, request to increase the permitted height of fencing allowed in front yards from four feet as required by Section 24- 157(b)(1) to a height of six feet at Lot 1, Block 3, Selva Marina Unit 2 (aka 1505 Selva Marina Drive), 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 ZVAR17-0010, requestto increase the permitted height of fencing allowed in front yards from four feet as required by Section 24-157(b)(1) to a height of six feet at Lot 1, Block 3, Selva Marina Unit 2 (aka 1505 Selva Marina Drive),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. Page 3 of 3 I I I I APPLICATION FOR A VARIANCE City of Atlantic Beach · 800 Se minole Road ·Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 · FAX (904) 247-5845 · http://www.coab.us Date \0 !2-q J \ 3- FileNo. Z V'friZ 17-o D) Q I t QI 1. Applk•nt'sN•me Lof'l . ~~~ 2. Applica nt's Address TS O':)S~M\a..f\,....,~ 3. Property Location 4. Property Appraiser's Real Estat e Number _ _.._-+-'----"_.,.C...---.i.£..3ooo~~-:___ _ _ _ _______ 5. Current Zoning Classifi cation ARS-) 7. Pr 8. 9. Homeowner's Association or Archi tectural Review Committee approval r equi red for t he proposed construction. DYes 0No (If yes, t hi s must be submitted with any appli cation for a Buildi ng Permit.) 10. Statem en t of facts a nd s ite plan related to r equested Va riance, wh ich demon strates com pliance with Section 24-64 of the Zoning, Subdivis ion and Land D evelopm ent Regulations, a copy of whi ch is attached to this appli cation . S tatement and site plan mu st clear·Jy d escribe and depict the Variance that is requested. 11. Provide all of the following information: a. P roof o f ownership (deed or certificate by lawyer o r a bstract co mpa ny or title com pany that verifies record ow n er as above). Ifthe applica nt is not the owner, a Jetter of autb orization from the own er(s) for applicant to r epresent the own er for all purposes related to t his a pplication must b e provided. b. S urvey and legal d esc ription of property for whi ch Va rian ce is sought. c. Requ ired number of copies: Fo ur (4), except where origina l plans. photographs or do cuments larger t han llxl7 in ch es ar e submitted. P lease provide eight (8) co pies of any such documents. d. Applica tion F ee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION I S CORRECT: Signature of ow ne r (s) or auth orized person if owner's authorization form is attached: ' ADDRESS AND ON TO RECEIVE ALL CORRESPONDENCE REGARDINGT Name: ______~~~~~--~~~~~~_u~~~~~~------------------------------. lr'VA- I ""\.! The following paragraph sets forth reasons for which a Va riance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided. (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for the following reasons. 0 (1) exceptional topographic conditions ofor near the property.------------ D (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. 0 (3) exceptional circumstances preventing the reasonable use ofthe property as compared to other properties in the area. _ _______________________ _____ _ ___ 0 (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements up on the property.---------------- 0 ( 6) substandard size of a Lot ofRecord warranting a Variance in order to provide for the reasonable Use of the property. ______ _ _______________________________________________ (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 terms and provisions ofthis Section and that the granting ofthe Variance will be in harmony with the Purpose and Intent ofthis Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a 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. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be g ro unds for approval of a Variance. (h) Waiting period for re-submittal. If an application for a Variance is den ied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date ofdenial. (i) Time per iod to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval ofthe Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed a n additional s ix (6) months, beyond which time the Variance shall become null and void. G) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwis e stipulated by the Community Development Board. STATEMENT OF EXPLANATION RE: 1505 Selva Marina Drive Atlantic Beach, Florida 32233 by: Patrick Nail and Lori Gaglione Dear Committee Members, A Variance is requested for the following items: 1. FRONT PORCH ENLARGEMENT: SUPPORTING DOCUMENTS: Exhibit A is the survey + site plan for 1505 Selva Marina Drive + deed; Exhibit B is a photo of the existing home; Exhibit C is a close up of existing porch to show its current dilapidated condition; Exhibit D contains concept photos to provide an idea of the design style/color scheme of proposed improvements. DESCRIPTION OF PROPOSED WORI<: The entire existing porch and front entryway will be removed including the s late foundation, slate stoop (2 steps), front door/glass side panels/gl ass windows above door and the slate walls of the porch and front of house). A larger porch wi ll be built (please see proposed dimensions on site plan, Exhibit A) using large white tiles to replace the s l ate covering on the floor and Epay wood to replace the slate on the walls. Exhibit D provides a v isual image of the design style/use of Epay wood/white tiles. There will be no additional roof added to the expanded porch area. The existing roof line of the home will not be changed. The expanded area of porch will be "open air" space with modern style metal/wood porch railings. A new concrete stoop (2 steps) will be poured and large concrete pavers will be installed out to the new circular drive. VARIANCE SOUGHT: Selva Marina Drive has an unusual 40 foot setback requirement unlike most streets in Atlantic Beach. An additional 2 feet is a ll owed for a porch. Thus, our porch may legally extend to 3 8 feet within the setback. However, the proposed porch would extend to 30 feet within the setback. Thus , we are asking for a variance to allow an additional 8 feet into the setback for a newly constructed, uncovered porch. The reason for the large size of the porch is to give the house some architectural interest and depth and better curb appeal. In its current format, the home is an unusually long ranch-style home, many people call it "the train house". We believe a large porch will enhance the beauty of the home and neighborhood while maintaining its original unique character as a mid century ranch ho me. We also beli eve the porch being uncovered w ith a c ircular drive leading to it is cons istent with th e "estate homes" appearance of other homes on Selva M arina Drive. 2 . SIX FOOT FENCE ALONG SEMINOLE ROAD: SUPPORTING DOCUMENT S: Please refer back to Exhibit A to see the site plan for the fence. Exhibit E contains several aerial v iews of the property; Exhibit F contains multiple 8x l 0 photographs of the corn er of the property abutting Seminole Road. DESCRIPTION OF PROPOSED WORK: We seek to install a 6 foot vertical style wood fence (in a color to match th e Epay of th e front porch) which will turn toward the pr operty and enclose the backyard. VARIANCE SOUGHT: This.property has an irregular shape warranting special consideration. Please see s urvey and aerial photos for lot shap e . According to th e original plat, Seminole Road is considered the "front yard". However, as current ly configured, the house faces Selva Marina Drive; has a Selva Marina address; the front door and driv eway face Selva M arina Drive; and Seminole R oad s it s to the east s ide and back of the property. A 20 fo ot setb ack is required for a 6 foot fence on the Sem inole Road s ide of the lot. We ar e asking fo r a Variance to build th e 6 foot fence at the property line at Seminole Road, just to the inside of the existing 10 foot hedr:e (and then turn toward and run to the hou se with a gate within required setbacks of Selv a Marina Drive). On the other side of the hed ge is a s idewalk and several f eet of grass before r eaching Seminol e Road. Th e fence will not obscure the view of traffic in any way, as d emon,strated by the photos, du e to the unique co nfi gu ration of the intersection between Seminole Road and Se lva Marina Drive an d the uniqu e/irregular s ha pe of the property. We appreciate the Committee 's time in cons id ering this request and appr eci ate any compromise that migh t be reached. Please know that we are working with a r eputab le builder and des ign er to ins ure the home will be an improvement to the community, which we dearly love. If I may provide any additional information, please do not hesitate to ask. MAP SHOWING BOUNDARY SURVEY OF: LOT 1, BLOCK 3, SELVA MARINA UNIT NO. 2, AS RECORDED IN PLAT BOOK 27, PAGES 6 AND 6A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNlY, FLORIDA EXISTING SF LOT 16 U'SC"' ~. ...r...r. ~ o .. ~ /·•·u .,lllrr•.acorr.-. .,.._,.,.... N78"13'05"W Lot Site Drives and WoJks, Front Porch House, Garage, Porches Planters AC Pads Total 1m rvlous Cover e PROPOSED NEW Lot Size Drives and Walks Remove Parking pad, walk, frOnt porCh Now Front PorCh Add Ci!CIJiar Drive House, Garage, Porches Planters ACP&ds 90.50' 24,494 4,121 4,831 52 49 9,053 37% SF 24,494 4,121 -618 222 917 4,831 46 49 9,568 39% NOTE:S• !HIS PROP€RTY U£S IN FlOOD Z0Nt 'IC' PER 1'1.000 INSI.IRANC£ RAit' AW' (FIRll). DWAL COIIHTY. COI.IWHITY No. 120075, AW'/PNEJ. No. 120JIC-0000-H. ~JfJH£ ~ 2013 8QIItHCS flAS(I) ON lH£ £AS1£JltY RKiHT-oF-'NAY UN£ Of' SCl"' loWI1HA ORIYF loS 8£JHC H I 1'.58'.50' W 8t.lt.OING R£SIJI1ClJON UH£S (9.11.1..) ElY PI.A T H.T.S. O£HOTES HOT 10 SCAlE ALL lOIS SHOWN HEREON U£ I'Am/N lltOC#< ' -X-OENOTES 6' WOOO F£NC£ £1CC£PT AS NOI£0 TH£R£ MAY 8£ AODmONAL RESffliC!lOHS THAT ARE NOT SHOWN ON THIS SURVEY IHAT MAY 8£ FOUNO IN TH( PUBLIC R£COROS OF OUVAl COUNTY, FLORIDA. D U R D E N SURVEYING AND MAPPING, INC. 1825-B 3RO STREET NORTH JACKSONVILLE BEACH, fLORIDA 32250 (904) 653-6622 FAX 653-6625 UCENSEO BUSINESS NO. 6696 SUIV£l'III'S tciTD ARC=114.J4' RADIUS=49.4J' DELTA= 132'32'08" CE:RTIFIF:D TlJr LON CACU0H£ I h.,..eby certify thot thls survey meet. tho minimum tect>nlcol standards as set forth by tho Florida Boord of Land Surveyors, purauont to Section 472.027 Florida Statutes and Chapter 5J17 Florida Administrative Code rH£ SIJR\In" HERCON WAS MN)( wrrHOUT rH£ 8tHmT OF' ABS111.M:T OR S£1.RCH OF mt£ N1D JHE:RUOR£ TH£ IJND(RSICNED JHO OUROtN SIJRYEl'fHO AND WPPING. INC.. MN<t NO C£RnllCA110N$ SICNE:D _ __.,..,IU..,NuoE_1...6,_.2..,0.w17'----- REG.4RDIIKJ JNIORMATJON SHOWN OR HOT SHOWN HEREON PtRTNHiNC TO £ASEJ,f£HTS, CtNM$ or £M.fNEHTS. RAGHfS-OF-WAY. Sl'T'BACK UN($. (N(RWS, BOONOAR'Y UNC DISPUTES. AC'Rf.DJCHT$. SCA~: --~~~~------- Rl'S£RVATJCWS OR OrnER SIMILAR MATT[RS WHK:H MI\Y APPE.AA IN 'THF: A8S'r1W:T OR stARCH Of' mt£. WORK ORDER NUMBER : 68..__ ---....Jiu7.o~3111 __ THIS SVIM;Y HOT VALID UNt.E'SS JHI'S PRJWr IS tMBOSSCD WITH 7H£ S(AL OF TH£ Af10V(' SJCNCO, B-9105 Doc 112015125017, OR BK 1i185 Page 51l7, Number Pages 1 PllEPARED BY & R ETURN TO: Re<;Orded 0610212015 at 09-59 AM. Ronnie Fussell CLERK CIRCUIT COURT DUVALCrockett Law P.L. COUNTY10033 Sawgrass Dr. W., Suite 125 RECORDING $10 00 Ponte Vedra Beach, FL 32082 DEED DOC ST 56158.60 File Number: 2015-026 (Space Above This Line For Record in g Dat a) Warranty Deed This Warranty Deed made this 18th day of May, 2015, between Gregory A. Williams and Janet W. Williams, f/n/a Janet M. Williams, husband and wife, hereinafter called Grantor, whose address is 1817 West Twelve Oaks Lane, Neptune Beach, FL 32266 and William Nail and Lori Gaglione, husband and wife, hereinafter called Grantee, whose address is 1505 Selva Marina Drive, Atlantic Beach, FL 32233. (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns ofcorporations, trusts and trustees) Witnesseth th at said grantor, for and in considerat ion of th e sum ofTEN AND N0/100 DOLLARS ($10.00) and other good and valuable co ns iderations, th e receipt whereof is hereby acknowledged, hereby grants, bargains, sell s, al iens, remises, releases, conveys and confirms unto the Grantee, all that certain land situa te, lying and being in Duva l County, Florida, to-wit: · Lot 1, Bl oc!< 3, Selva Marina Unit No.2, a s ubdivis ion accordin g t o the plat thereo f recorded at Plat Bool< 27, P ages 6 and 6A, in the Public R ecords of D uval Coun ty, Florida. Parcel l dcntiflcation Number : 171935-0000 SUBJECT TO taxes accruing subsequent to December 31, 2014. SUBJECT TO covenants, restrictions and easements of record, if any; however, this reference thereto shall not operate to reimpose same. Together with all th e tenement s, hereditamen ts and appUJ1enances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said Grantee that the Grantor is lawfully seized ofsaid land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims ofall persons whomsoever; and that said land is free of all encumbrances. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Jt~ Witness I Signature Keith E Crockett Witn • 2 ignature --r HIAY\. w TCee.L Witness 2 Printed Name State of floti J., County of Si . ro "'·'~ The foregoing instrument was acknowledged before me this 18th day ofMay~015, by Gregory A. Williams and Janet W. Williams, husband and wife, who U are personally known to me or ~have produced .J~\:~ fL. p.L.. as identification. Notary Public: ___,tt,..:;....D-'~... --....__.-:~-~""- Printed Name: __K_e_l_th_E__c_ro_c_k_e_tt__ My Commission Expires:------ 10/29/2017 1505 Selva Marina Dr-Goog le Maps 1 505 Selva Marina Dr Go gle Maps satellite view ,,.. 1 J! 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E-171935-<JOOO • I ---~---va Prope rty~d lt.aspx?R -' -., \-----/=ef.uauu.. 1212 ,/ 1/1 10/29/2017 1505 Selva Marina Dr-Google Maps 1505 Selva Marina DrGo gle Map s satellite view 1505 Selva Ma ri na Dr Atlantic Beach, FL 32233 https://www.google .com/maps/place/1505+Selva+Marina+Dr, +Atlantic+Beach , +FL +32233/@30.3376197 ,-81.4030141 ,250m/data=!3m1 !1 e314m13! 1m ... 1/1 " ' \ \ I r .. ~ ·-~· ZV A R 1 7 ‐00 1 0 Re q u e s t fo r a va r i a n c e as pe r m i t t e d by Se c t i o n 24 ‐64 , to in c r e a s e th e pe r m i t t e d he i g h t of fe n c i n g al l o w e d in fr o n t ya r d s fr o m fo u r fe e t as re q u i r e d by Se c t i o n 24 ‐15 7 ( b ) ( 1 ) to a he i g h t of si x fe e t at Lo t 1, Bl o c k 3, Se l v a Ma r i n a Un i t 2 (a k a 15 0 5 Se l v a Ma r i n a Dr i v e ) . Si t e Co n t e x t an d De t a i l  Re s i d e n t i a l , Si n g l e ‐Fa m i l y , La r g e Lo t (R S ‐L) Zo n i n g .  Re s i d e n t i a l Lo w (R L ) De n s i t y Fu t u r e La n d Us e .  Co r n e r Lo t wi t h fr o n t a g e on Se m i n o l e Ro a d an d Se l v a Ma r i n a Dr i v e Si t e Co n t e x t an d De t a i l Co r n e r Lo t s : Se c t i o n 24 ‐17 : “L o t , co r n e r sh a l l me a n a lo t ab u t t i n g tw o (2 ) or mo r e st r e e t s , … Th e ex t e r i o r lo t li n e of th e na r r o w e s t si d e of th e lo t ad j o i n i n g th e st r e e t sh a l l be co n s i d e r e d th e fr o n t of th e lo t … ”  Th e so u t h e r n lo t li n e ab u t t i n g Se m i n o l e Ro a d is co n s i d e r e d th e fr o n t of th e lo t . Fr o n t Property Line Si d e Pr o p e r t y Li n e Pr o p o s e d Pl a n :  In s t a l l a 6 fo o t ta l l wo o d fe n c e to ru n al o n g th e so u t h e r n (f r o n t ) pr o p e r t y li n e an d th e n no r t h un t i l it me e t s th e ho u s e . Fe n c e Lo c a t i o n Ne e d fo r a Va r i a n c e Se c t i o n 24 ‐15 7 (b ) ( 1 ) : “W i t h i n re q u i r e d fr o n t ya r d s , th e ma x i m u m he i g h t of any fence sh a l l be fo u r (4 ) fe e t … W i t h i n re q u i r e d si d e or re a r ya r d s , the ma x i m u m he i g h t of an y fe n c e sh a l l be si x (6 ) fe e t . ”  A 6 fo o t ta l l fe n c e is re q u i r e d to be se t b a c k at le a s t 20 feet fr o m th e fr o n t pr o p e r t y li n e . An a l y s i s an d Co n c e r n s Si g h t Li n e Is s u e s :  Pr o p o s e d fe n c e ov e r 30 fe e t fr o m Se m i n o l e Ro a d pa v e m e n t  Di s t a n c e be t w e e n in t e r s e c t i o n an d pr o p e r t y . Over 30 feet An a l y s i s an d Co n c e r n s Si g h t Li n e Is s u e s :  Ma j o r i t y of pr o p o s e d fe n c e wo u l d be be h i n d an ex i s t i n g he d g e on Ci t y pr o p e r t y . Gr o u n d s fo r De c i s i o n AP P R O V A L ‐ ex i s t e n c e of on e or mo r e of th e fo l l o w i n g DE N I A L ‐ ad v e r s e im p a c t on on e or mo r e of th e fo l l o w i n g 1. Ex c e p t i o n a l to p o g r a p h i c co n d i t i o n s of or ne a r th e pr o p e r t y . 2. Su r r o u n d i n g co n d i t i o n s or ci r c u m s t a n c e s im p a c t i n g th e pr o p e r t y di s p a r a t e l y fr o m ne a r b y pr o p e r t i e s . 3. Ex c e p t i o n a l ci r c u m s t a n c e s pr e v e n t i n g th e re a s o n a b l e us e of th e pr o p e r t y as co m p a r e d to ot h e r pr o p e r t i e s in th e ar e a . 4. On e r o u s ef f e c t of re g u l a t i o n s en a c t e d af t e r pl a t t i n g or af t e r de v e l o p m e n t of th e pr o p e r t y or af t e r co n s t r u c t i o n of im p r o v e m e n t up o n th e pr o p e r t y . 5. Ir r e g u l a r sh a p e of th e pr o p e r t y wa r r a n t i n g sp e c i a l co n s i d e r a t i o n . 6. Su b s t a n d a r d si z e of a lo t of re c o r d wa r r a n t i n g a va r i a n c e in or d e r to pr o v i d e fo r th e re a s o n a b l e us e of th e pr o p e r t y . 1. Li g h t an d ai r to ad j a c e n t properties. 2. Co n g e s t i o n of st r e e t s . 3. Pu b l i c sa f e t y , in c l u d i n g ri s k of fire, flood, cr i m e or ot h e r th r e a t s to public safety. 4. Es t a b l i s h e d pr o p e r t y va l u e s . 5. Th e ae s t h e t i c en v i r o n m e n t of the co m m u n i t y . 6. Th e na t u r a l en v i r o n m e n t of the co m m u n i t y , in c l u d i n g En v i r o n m e n t a l l y Se n s i t i v e Ar e a s , wi l d l i f e habitat, pr o t e c t e d tr e e s or ot h e r significant en v i r o n m e n t a l re s o u r c e s . 7. Th e ge n e r a l he a l t h , we l f a r e or beauty of th e co m m u n i t y . MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD November 21, 2017 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6 :01p .m. All members were present except for Mr. Reichler and Mr. Mandelbaum. Also present were Planner Derek Reeves, Planner Brian Broedell, Board Secretary Valerie Jones and the City Attorney, Brenna Durden representing the firm Lewis , Longman and Walker . 2. APPROVAL OF MINUTES A. Minutes of the October 17th, 2017 Regular Meeting of the Community Development Board Mr. Stratton motioned to approve the minutes as written. Mr. Elmore seconded the motion. The motion carried unanimously. 3. OLD BUSINESS A. ZVAR17-0007 PUBLIC HEARING (Zachary Crabtree) Request for a variance as permitted by Section 24-64, to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot4 (aka 1865 Live Oak Lane). Staff Report Planner Reeves explained that this variance is a request for a screen enclosure at 1865 Live Oak Lane in the Selva Marina neighborhood. This is a planned unit development (PUD) zoning district, Selva Marina Unit 12-C with a residential low future land use. Page 1 of 8 The proposed plan is to construct a screen enclosure over a previously permitted pool and outdoor kitchen that will be 7 feet 10 inches from the rear property line and 5 feet from the side property line. Section 3{d) of the PUD text states that "no dwelling, fence, walls, detached out buildings, enclosed swimming pool or similar structure shall be located, placed, altered or permitted on any lot in said subdivision outside the dwelling zone except as in hereafter provided". Planner Reeves explained the dwelling zone is the buildable area on lot defined by setbacks, those setbacks being 20 feet in the front and rear and the sides being 10 feet on both sides. Enclosed swimming pools (screen enclosures) do not have additional regulations permitting them to be outside of that dwelling zone . Planner Reeves explained that there are 11 or 12 PUD's that make up the blue PUD area on the zoning map. The variance request is to allow the screen enclosure to be outside of that dwelling zone. One of the things the Board had asked for at our previous meeting was information on the ordinance that created this PUD. Staff confirmed that this was not passed via ordinance. PUD's came into existence in Atlantic Beach in 1972. Through 1982 when the code was fully rewritten, PUD's were not passed by ordinance. There was an application that was approved by the City Commission like an ordinance would be, but not with the full public hearing and permanent documentation . Staff did provide the minutes from the approval in March 24, 1980 when the plat and, covenants and restrictions were approved by the Commission . The covenants and restrictions also call out the City's responsibility to enforce these rules. Planner Reeves explained that the Marketable Record Title Act, Chapter 712 ofthe Florida Statutes, does not apply to zoning requirements, PUD's or other governmental regulations . It's strictly the private side of covenants and restrictions within planned neighborhoods that have those documents in place. Ms . Simmons asked the City Attorney if this meant that the Board has to uphold the old covenants and restrictions as if they are code now and that they do require those setbacks and there is still a need for a variance. The City Attorney confirmed that that was correct. She explained that in years past the City did not adopt their PUD's by ordinance but by vote of the Commission . It was declared a PUD and it was declared that the covenants and restrictions that were approved would be recorded and applied to the development. Ms. Durden continued to explain rewriting of the Land Development Code and what is needed for the future. She confirmed that the Page 2 of8 Applicant Comment Public Comment Board Discussion Motion Marketable Record Title Act does not serve to extinguish conditions that are set out in a deed restriction by approval of a local government. Planner Reeves added that the intent of Staff will be to recommend that these PUD's be addressed. There have been a mix of restrictions enforced. He explained a couple of similar examples of this same variance request where one met the PUD setback requirements and one did not. Mr. Stratton asked if this request was for a home on 10th Street (for example) there would not be a problem. Planner Reeves confirmed that that is correct . There was further discussion by the Board as to lot size. Kerry Varkonda introduced himself as the owner of 1865 Live Oak Lane . He also introduced his attorney, Zachary Crabtree . Mr. Varkonda referenced a letter from a citizen that implied he had proceeded with installing the pool in order to put pressure on the board to get the screen enclosure. He ensured them that that wasn't the case. Zach Crabtree {8777 San Jose Boulevard, Building A, Suite 200, Jacksonville, Florida 32217) introduced himself as the attorney for Mr. Varkonda. He pointed out that reason number four would apply as grounds for approval and so would number three. Mr. Crabtree mentioned Planner Reeves comments regarding the mixture of restrictions that had not been enforced in this area and that would lead to the exceptional circumstances around this specific piece of property. Mrs. Paul opened the floor to public comment. With no speakers, public comment was closed by Chair Paul. Ms . Lanier asked that the letter from the citizen not be put in the record due to the fact that it was not signed . Ms. Durden responded that because this is a quasi -judicia l proceeding, an unsigned letter with no opportunity to know who it is from or to ask any questions should not be considered in making your decision . The Board can make it part ofthe record. The Board asked Planner Reeves about the differences between attached and detached structures. Planner Reeves gave further clarification regarding this . Ms . Simmons made a motion to approve ZVAR17 -0007 finding exceptional circumstances preventing the reasonable use of the property as compared Page 3 of 8 4. NEW BUSINESS A. Staff Report Applicant Comment Public Comment to other properties in the area. Ms . Lanier seconded the motion . The motion carried 4 -1 with Chair Paul as the dissenting vote. ZVAR17-0008 PUBLIC HEARING (Sarah "Sally" L. Young) Request for a variance as permitted by Section 24-64, to increase the allowable fence height from 4 feet as required by Section III(D)(4) ofthe Selva Marina Unit 10-B PUD to 6 feet at Selva Marina Unit 10-B Lot 7 (aka 1820 North Sherry Drive). Planner Reeves explained that this variance is a request for a six foot fence in the Selva Marina neighborhood. This is a planned unit development (PUD) zoning district, Selva Marina Unit 10-B with a residential low future land use. The proposed plan is to replace an existing 6 foot wood fence with a new 6 foot wood fence but relocating the front connections of the house to the side property lines a little further forward. Planner Reeves illustrated on the overhead where the existing fence i s located and where the proposed fence would be located. The Board asked whether the existing 6 foot fence was within code and Planner Reeves explained that 4 foot height is code . Therefore the existing 6 foot fence is not within code. Front and rear setbacks are 20 feet and side s are 10 feet . Planner Reeves explained that the applicant provided pictures of many of the homes in the neighborhood that have 6 foot fences. Because of an existing PUD which indicates that a maximum height for a fence is 4 feet and that is why there is a need for a variance . Mark Young introduced himself and his wife, Sarah Young as the owners of 1820 Sherry Drive North . He stated that when went to get a permit he was surprised that the fence could only be 4 foot and added that he had lived i n the Royal Palms area and had a 6 foot fence. He said he understood the 4 foot in the front, but questioned why there can't be 6 foot fence in the rear and side yards. Chair Paul opened the floor to public comment. Su san Beaugrand of 1830 North Sherry Drive, the next door neighbor, stated that she in favor -of the fence . She explained that everyone has 6 foot fence and that much of it is dilapidated and falling down due to the la st 2 hurricanes . She felt that this would be an improvement. Page 4 of 8 Board Discussion Motion Staff Report Walter McDermott of 1817 North Sherry Drive introduced himself as the neighbor across the street and is in favor as the 6 foot fence. Brian Kilby introduced himself as the owner of 1825 North Sherry Drive, he lives across the street from the Young's . He felt that 6 foot fences are very common across the back and side of the properties in the neighborhood . He commented that he didn't like having 6 foot fence on a portion of the front yard as requested . Lorraine Schmidt of 1831 Selva Marina Drive stated that she is in favor of the 6 foot fence . With no more speakers, Chair Paul closed public comment . Ms. Lanier said that she was happy to see young people and fresh faces moving into these neighborhoods and improving their properties. Ms . Lanier motioned to approve ZVAR17 -0008 . Mr. Elmore seconded the motion. Mr. Stratton asked Planner Reeves if there was any part of this variance request that would require a variance request if it wasn't part of the PUD. Planner Reeves explained that if this were a normal regulation the front of the house is slightly less than 20 feet from the front property line which would mean that the fence would have to be the 1.6 feet back from the face of the garage. There was discussion to have the homeowner move the fence back that 1.6 feet so that it would stay within code. Ms. Lanier amended her motion to include a stipulation that the homeowner push back the fence on the northeast corner so that it meets current city code . Mr. Elmore seconded the motion. The motion passed unanimously. B. ZVAR17-0010 PUBLIC HEARING (Lori Gaglione) Request for a variance as permitted by Section 24-64, to increase the permitted height offencing allowed in front yards from four feet as required by Section 24-157(b)(1) to a height of six feet at Lot 1, Block 3, Selva Marina Unit 2 (aka 1505 Selva Marina Drive). Planner Broedell explained this is a variance to allow a 6 foot fence in the front yard at 1505 Selva Marina Drive. The property is in the RS-L, large lot, zon ing district with a future land use of Residential Low Density. It is a corner lot that fronts both Selva Marina Drive and Seminole Road. The city code defines a corner lot as abutting two or more streets, explaining that the exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot. That makes the southern property line that abuts Seminole Road the front of this property according to code. Page 5of 8 Applicant Comment Public Comment Board Discussion The proposed plan would be to install a six foot fence to run along the southern (front) property line before turning and running it back to the house. The need for the variance is Section 24-157(b )(1) stating that within required front yards the maximum of any fence shall be four foot and then within required side or rear yards the maximum height shall be six foot . Because ofthe way the city code defines the front yard for corner lots, this six foot fence is in their required front yard. The proposed fence along the southern property line would be over 30 feet from the pavement of Seminole Road . There are no site line issues . There is a hedge that i s on city property and the fence would be behind it. Lori Gaglione introduced herself as the owner of 1505 Selva Marina Drive. She explained how she was surprised that he front yard would be Seminole Drive when her house as the driveway and front door face Selva Marina Drive. Ms . Gaglione added that she had approached four of her neighbors and they were all okay with the fence and if necessary, she would be happy to get their statements. Chair Paul opened the floor to public comment . With no speakers, public comment was closed. Ms . Lanier questioned the fact that the code would designate the front yard as Seminole Road. The Board asked for clarification of the placement of the fence along the property line, the right of way and the concern of setting precedence. Mr. Elmore suggested that she install a fourfoot fence with hedge behind it or in front of it. Planner Reeves explained the front yard requirement and the side yard requirements. Mr. Stratton asked if the four foot fence could go in as proposed with no variance and Planner Reeves confirmed that to be true . There was lengthy di scussion about the front yard determination and Planner Reeves said this code was originally created to establish consistent and reasonable buildable areas, but this also impacts fences. Ms. Simmons stated she was inclined to give this variance. Ms. Lanier was not convinced that the front yard code was not in existence when this house was built . The Board discussed the possibility of trying to locate the original ordinance before making a decision. Mr. Stratton brought up the tunneling effect and his concern that the six foot fence could cause that . Ms . Lanier disagreed that it would not apply because this piece of property is so large . Mr. Elmore expressed his concern about setting precedence if Page 6 of 8 Motion Staff Report Applicant Comment Public Comment they don't follow the code. Ms. Simmon s as ked him if he saw any place for compromise and he sugge sted the four foot fence with the hedge. Ms. Simmons motioned to approve ZVAR17 -0010 finding the irregular shape of the property warrants special consideration . Ms. Lanier seconded the motion . Mrs. Simmons and Ms . Lanier voted for the variance; and Mr. Elmore, Mr. Stratton and Chair Paul voted again st the variance. The motion failed with a vote of 2-3 . C. ZVAR17-0009 PUBLIC HEARING (Thomas James Belich Jr.) Request for a variance as permitted by Section 24-64, for relieffrom the Section 24-BB(b) requirement for adjoining townhouse dwelling units to be constructed ofsubstantially the same architectural style, colors, and materials and for relief from the Section 24-BB(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in a continuous sequence to allow the addition of a porch in the rear at Section "H" the west 30 feet of Lot 3 and the east 10 feet of Lot 4 Block 65 (aka 73 W 1Oth Street). Planner Broedell stated that this is a variance dealing with the townhouse construction and design regulations at 73 West lOth Street. The zoning is RG , residential two-family, and the future land use is residential medium den sity. It is the western unit of a two-unit townhouse built in 1998. Planner Broedell pointed out the 10 feet 4 inch common wall that the two townhouses shar e. The proposed plan is to construct and open porch in the rear of this townhou se. The need for a variance is two parts from the Section 24 -88(b) and Section 24 -88(c), which prohibit changes in style and footprint to townhouses. Thomas James Belich Jr . introduced him self as the property owner of 73 We st lOth Street . He expl ained where th e porch would be placed and that it would not affect hi s neighbors . One of hi s nei ghbors has a similar porch and that i s where he got the idea in order to gain some shade. Mrs. Paul opened the floor to public comment. Meli ssa Dunfee of 71 We st lOth Street introduced herself as the neighbor of Mr. Belich. She is in favor of Mr. Belich puttin g up a porch. With no more sp eakers, Chair Paul closed public comment. Page 7 of 8 Board Discussion Motion 5. REPORTS 6. ADJOURNMENT Brea Paul, Chair Attest Mr. Elmore said he was in favor of this variance. Ms . Lanier said she would support this variance. Mr. Elmore motioned to approve ZVAR17 -0009 finding the onerous effect of regulations 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. Planner Reeves announced that the new city manager has a new policy that the Community Development Director will not be granting administrative variance s nor will the Public Works Director. Consensus was given to remove this section of the agenda. Mr. Elmore motioned to adjourn the meeting at 7 :56 p.m. Ms. Lanier seconded the motion. The motion carried unanimously. Page 8 of 8 City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD MEETING Excerpt of videotaped proceedings held on Tuesday, November 21, 2017, commencing at approximately 6:55 p.m., at City Hall, Commission Chambers, 800 Seminole Road, Atlantic Beach, Florida. BOARD MEMBERS PRESENT: A. BREA PAUL, Chairwoman. LINDA LANIER, Board Member. KELLY ELMORE, Board Member. PATRICK STRATTON, Board Member. SYLVIA SIMMONS, Board Member. ALSO PRESENT: BRENNA DURDEN, City Attorney. DEREK REEVES, Interim Development Director. BRIAN BROEDELL, City Planner. VALERIE JONES, Administrative Assistant. - -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 before it kind of makes a turn and then runs back to the house. So the need for a variance is Section 24-157, within required front yards the maximum height of any fence shall be 4 feet; and then within required side or rear yards, the maximum height of any fence shall be 6 feet. So as I stated with -- how the City code defines the front yard for corner lots, this 6-foot fence would be -- is in their required front yard. So the proposed fence along this southern property line would be over 30 feet from the pavement of Seminole Road. And as you can see from this aerial, the property is a good distance away from the intersection of Selva Marina and Seminole Road. So sight line issues are pretty minimal. Continuing with that, the -- if you can see that hedge in these three pictures, the hedge is on right-of-way, City property, so the majority of this proposed fence would be placed behind that hedge, before it comes out a little bit more and then runs back to the house. So, again, minimizing sight line issues even more. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 2 4 1 P R O C E E D I N G S 1 Any questions? November 21, 2017 6:55 p.m. 2 BOARD MEMBER SIMMONS: (Off microphone.) 2 * * * * * 3 I think I read that what they're proposing 3 THE CHAIRWOMAN: Our next agenda item is 4 is right on the property line; is that correct? 4 Item 4B, ZVAR17-0010, and I will turn it over 5 MR. BROEDELL: Yes. 5 to staff. 6 BOARD MEMBER SIMMONS: (Off microphone.) 6 MR. BROEDELL: Good evening, board. 7 Another question, how many (inaudible) are 7 So good news, this is not in a PUD. 8 there between the sidewalk and the property 8 So this is a variance to allow a 6-foot 9 line of the proposed fence? 9 10 11 12 13 14 15 16 fence in the front yard at 1505 Selva Marina Drive. This property is in the RS-L, large lot zoning district. Future land use, Residential Low Density. And it is a corner lot that fronts both Selva Marina Drive and Seminole Road. And the City code defines corner lots as abutting two or more streets, and then it goes 10 11 12 13 14 15 16 MR. BROEDELL: That, I don't know. Based on just kind of eyeing it, while I was out there, it's probably about 5 feet, but that's -- that's really just based on walking out there. It doesn't say on the survey or -- BOARD MEMBER LANIER: I can comment on that. Again, it's my 'hood. 17 on to explain that the exterior lot line of the 17 That's a really mature ligustrum hedge. I 18 narrowest side of the lot adjoining the street 18 believe it's ligustrum, maybe viburnum. And I 19 shall be considered the front of the lot. So, 19 remember when that was planted. And it's 20 with that, that makes the southern property 20 gotten really mature and it's -- it really is 21 line that fronts -- or abuts Seminole Road the 21 right -- it's very close to the sidewalk. And 22 front of this property by code. 22 so if it's on the City right-of-way, then I 23 So the proposed plan is to install a 23 would guess this proposed fence would be back 24 6-foot-tall wood fence to run along this 24 about 5 feet from the sidewalk, possibly? 25 southern front property line (indicating), 25 MR. BROEDELL: Yeah. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 (904) 821-0300 1 of 18 sheets Page 1 to 4 of 45 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 It would definitely -- I'm not exactly sure where the property line is behind that hedge. I know it's, obviously, behind the hedge. And, again, based on just going out there, it looks like it would be at least 5 feet from the sidewalk. BOARD MEMBER LANIER: And the City did not plant that hedge, correct, or do you know? My guess is not. MR. BROEDELL: Yeah, I'm not sure. THE CHAIRWOMAN: Do you guys have any additional questions for staff? BOARD MEMBERS: (No response.) THE CHAIRWOMAN: No. All right. Thank you. MR. BROEDELL: Uh-huh. THE CHAIRWOMAN: All right. If the applicant is here and would like to make a statement. (Audience member approaches the podium.) AUDIENCE MEMBER: Hi. I'm Lori Gaglione. I live at 1505 Selva Marina Drive. So, as he stated, my property is unusually configured because the -- the home is built Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 of maybe -- the whole gist of what we're trying to do, and -- and the reason for fencing off the backyard is we have young children. We're trying to make a backyard because right now, you know, it's just kind of an open property. Everybody on Seminole Road can see into our backyard. You can see in from the front. You can see along the sides. So we're trying to just, you know, create privacy and create a beautiful backyard that we're going to do all sorts of things in -- in terms of improvements, but that's sort of the gist of why we're trying to get a 6-foot fence, so that -- so we can have privacy, and so my -- so I can feel safe with my children running around back there with -- you know, not -- no one can see over or see through the hedge. I don't know who owns that hedge, but I know the City maintains it, which is part of the reason why we -- initially, we weren't sure we even needed a fence because that hedge was nice and thick, but the City came through and just sort of gutted it. And so then it really opened up our backyard. And you hear traffic, you see everybody walking along, which is fine, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 facing Selva Marina Drive. Our address is Selva Marina Drive. Our door opens to Selva Marina Drive. Our driveways are on Selva Marina Drive. And it was unbeknownst to me -- Seminole Road's considered our front yard. So when we had all these plans drawn up to do the fence, I had no idea. And so, of course, when the permit was denied, I was told we needed to get the variance. Okay. So the plan is to come in right behind the hedge so that -- and I brought a picture of another property at the beach that's got a similar sort of configuration with a fence inside of a hedge line, which is -- and this is kind of the style fence that we're proposing (indicating). And I submitted a bunch of pictures with my -- I don't know if you guys all got that. I -- THE CHAIRWOMAN: Yes, we did. MS. GAGLIONE: Okay. THE CHAIRWOMAN: There were a variety of pictures sent in our packet. MS. GAGLIONE: Yeah. I was trying to sort Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 but I have young children, and so, you know, there's safety issues, but -- so that sort of pushed us over the edge of wanting to put up a fence there, so -- But, you know, we're trying to beautify -- we have a whole plan to redo that -- the whole house, and this is just part of it. We're not just putting up a fence. I'm doing a whole redo on the exterior of the home. And so I tried to provide pictures so you can see it. It's sort of a rundown condition. It's a really neat mid-century house, but it's -- you know, it -- it needs an update, so that's -- this is just part of that plan. THE CHAIRWOMAN: Thank you. You guys have any additional questions for the applicant? BOARD MEMBER SIMMONS: (Off microphone.) I drove by, you know, both streets, both (inaudible). And it appears to me that that's a very, very small backyard. Given the shape of the lot and the position of the house, that a lot of your yard space down here, on this point -- where you wouldn't be allowed (inaudible), you wouldn't put -- place that, Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 5 to 8 of 45 2 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 you wouldn't want the kids there. MS. GAGLIONE: Agreed. BOARD MEMBER SIMMONS: (Off microphone.) And that you'd have a hard time setting that fence back to have any (inaudible) -- MS. GAGLIONE: Absolutely. And we planted a lot of fruit trees right along in there that was part of sort of the master plan to create this park environment in our backyard, and it would -- if I have to come ten feet within the fence, my fruit trees are going to be outside my fence, so that's not going to work. So -- And it -- I don't -- I just don't think it would -- I don't think it would look nice ten feet in. If you see the property -- especially not with that hedge there, because you'll have a tall hedge, ten feet, and a fence. It's not -- it's going to look weird. So, to me, it just made perfect sense to come right in behind the hedge. You've already got a -- a visual line there. I'm just mimicking it and sort of cleaning it up, I feel like, trying to make it look more, I don't know, attractive, from -- from the street Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 them had any objection to the -- and I can get statements if that's necessary, but I -- I didn't know that I needed to bring them down here. THE CHAIRWOMAN: Thank you. MS. GAGLIONE: Thank you. THE CHAIRWOMAN: I'd like to take this time to close the public comment portion and bring it back to the board for discussion and motion. BOARD MEMBER LANIER: So I feel like I'm doing all the talking tonight, and I'm not sure why, but maybe because they're all in my neighborhood. So that's really unfortunate about the hedge because that was a pretty good-looking hedge for a long time, and I didn't know who slaughtered it, but -- MS. GAGLIONE: It wasn't us. BOARD MEMBER LANIER: Okay. Thank you. I remember Dr. McKay (phonetic) used to live in this house. He built this house, yeah, and it is -- it is a wonderful -- to me, a wonderful example of the kind of homes that were built in that sort of golden 1950s, 1960s Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 because the hedge really is not that -- it's not that attractive. It's kind of -- it's a little squirrely-looking. It needs some love. THE CHAIRWOMAN: All right. You guys have any additional questions for the applicant? BOARD MEMBERS: (No response.) THE CHAIRWOMAN: Thank you. MS. GAGLIONE: Thank you. THE CHAIRWOMAN: I'd like to take this time to open this up to public comment. Is there any public comment on this variance? AUDIENCE MEMBERS: (No response.) THE CHAIRWOMAN: It appears there is no public comment. MS. GAGLIONE: I meant to -- I'm sorry, I forgot. THE CHAIRWOMAN: Please. MS. GAGLIONE: I did speak with four of my neighbors, and I have their addresses and names that I can tell you -- so I spoke with the four -- the two directly across the street from me at 1510 and 1520, and the two to my side, 1515, 1525. I explained exactly what I was doing and I showed them my pictures. None of Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 time in Selva Marina. It's a beautiful house and I hope you're going to keep the character of the house when you remodel it. You know, there are rules and then there are rules that make sense. And the fact that the Seminole Road side of the house is the front of the house -- I mean, I get it, that that's a rule, but you could -- if a hundred people stood in front of the house and you said, where is the front of the house, they would say it's Selva Marina Drive. And it's -- this house is parallel to all the other houses that go right up that side of the street. I mean, there's nothing about this house that says the front yard is Seminole Road. So I would be inclined to say, you know, go ahead and build a fence behind the hedge. I think that makes a lot of sense. I'm not sure about this chunk that sticks out closer towards the street, but what I'm seeing here is the property line. I'm not seeing, like, the street and the sidewalk. I don't know, like, how close this -- Derek, could you put the -- the property picture back up again? Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 3 of 18 sheets Page 9 to 12 of 45 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 MR. REEVES: Or do you want the survey? BOARD MEMBER LANIER: Okay. No, that -- okay. So that yellow line is actually the property line? MR. REEVES: I would not rely on that. I'll go back to the -- BOARD MEMBER LANIER: Okay. MR. REEVES: The lower corner there is the survey. That one's more accurate. BOARD MEMBER SIMMONS: (Off microphone.) This is the -- because you've got where the fence -- BOARD MEMBER LANIER: Okay. So one of my concerns, when I saw this in our packet, was, wait a minute, is there going to be a 6-foot fence, like, coming out sort of into that nice, little triangle that -- the triangle does need some -- it needs some love. It's ratty and it's full of ants and all that, but it looks to me like the fence is not going to come out into the triangle because that's not even your property. MS. GAGLIONE: Exactly. BOARD MEMBER LANIER: Okay. That was my biggest concern about this. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 to be prettier, but the fence does not invade that triangle because that's not even her property. BOARD MEMBER SIMMONS: Thank you. BOARD MEMBER LANIER: Yeah. See, that's a -- Derek is pointing to that big triangle there. BOARD MEMBER SIMMONS: Yes. BOARD MEMBER LANIER: Yeah. So there's a lot of property, actually, before you get back to where the fence would be. MS. GAGLIONE: (Inaudible.) THE CHAIRWOMAN: Yes, ma'am, please. MS. GAGLIONE: If I may, the house -- THE CHAIRWOMAN: You have to come up to the microphone so we can hear you. (Ms. Gaglione approaches the podium.) MS. GAGLIONE: The home has a 40-foot setback to Seminole Road. So where the fence is going to come over to the, quote-unquote -- what I call the front of the -- the front yard, which is the front of the house, but it's actually the side yard, that's 40 foot set back off the road because that's what the setback is on Seminole -- on Selva Marina. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 So the fence is going to be up much closer to the house, and I don't think it will be -- well, staff has already said it's not going to be an obstruction for traffic, for the -- for the visual part of pulling in or out, and it's not going to invade that little triangle there. So I'm -- I'm peaceful with this one. BOARD MEMBER SIMMONS: (Off microphone.) Do you see where the fence is drawn (inaudible)? BOARD MEMBER LANIER: Uh-huh. BOARD MEMBER SIMMONS: (Off microphone.) I'm not sure what triangle you're talking about. BOARD MEMBER LANIER: Below that -- the bottom curve there, so -- THE CHAIRWOMAN: There's quite a bit of grass between -- BOARD MEMBER LANIER: There's -- yeah, there's -- there was a -- (Simultaneous speaking.) THE CHAIRWOMAN: It's heavily grassed before it's paved. BOARD MEMBER LANIER: Yes. There's a big, grassy triangle there that -- again, it needs Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 BOARD MEMBER LANIER: Yeah. MS. GAGLIONE: So it's 40 foot back from the property line, and then it's -- there's another 20 to 30 feet from that triangle. I mean, it's -- it's -- I mean, it's just a massive amount of property right there, so -- BOARD MEMBER LANIER: Yeah. MS. GAGLIONE: It's not going to look even remotely close to being on Seminole Road at the front. As it goes along the side, it's just going to go along the hedge line and the sidewalk, if that makes sense. THE CHAIRWOMAN: Thank you. BOARD MEMBER ELMORE: Before this train leaves the station here, I will caution that this is still a right-of-way where 6-foot fences are not allowed. And the neighbor to the northeast could come in here and ask for the same thing, if we approve this variance, and say, "I want to put a 6-foot fence along the property line just like my neighbor to the south did." And, you know, this is one of these -- I get what the applicant wants to do, I sympathize, and I would want the same thing. I Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 13 to 16 of 45 4 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 would want to capture my yard and -- but I'm looking at this from the duty of setting precedence. And it's not that this wouldn't -- this isn't needed, but we really are setting ourselves up for everyone else on Seminole Road, not to mention all the other streets -- as you remember we had this very controversial one down here by the school a while back where they wanted a 6-foot fence in the front yard along the property line, and we -- THE CHAIRWOMAN: Made them tear it down. BOARD MEMBER ELMORE: -- denied it. We made them tear it down after they put it up. And, you know, this is what this board is for, is to not get the City in trouble or set precedence where someone can haul the City into court saying, "Well, you gave it to them, you have to give it to me." We're here as guardians of the LDRs, and I think that, you know, the setbacks are huge there, I agree. And, actually, I -- I'm working on a property nearby and the sidewalk is actually about 5 feet off the property line there, but -- neither here nor there, she can still Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 BOARD MEMBER STRATTON: Yeah. I mean, we -- I remember many people coming in -- that new house at the end of 6th Street that came in and they requested the 6-foot fence and we said, no, put up a 4-foot and put the landscaping in, and they did that, and it looks great. So they have their privacy from the combination of the fence and the landscaping. BOARD MEMBER LANIER: You know, this probably is not the time to do this, but when codes are revisited, we -- we've had the front yard/side yard issues in front of us a few times, where everything about a house says this is the front yard, except the code, which says it's not, it's a side yard. I think it was 2nd Street? THE CHAIRWOMAN: We've had a variety. BOARD MEMBER LANIER: We've had a bunch of them. THE CHAIRWOMAN: Many double-frontage lots have aggrieved us at some point. BOARD MEMBER LANIER: Yeah. So I'm hoping that we can make that make a little bit more sense maybe in the future because I think this does confuse citizens, when they presume that Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 put up a fence along the property line. It just can't be 6 feet. It can be 4 feet. And you can plant a 6-foot hedge behind it, or in front of it if you wanted to, even. So it's not like you're not getting anything, but it's just the -- as the codes say, you can't have a 4-foot [sic] fence along the property line, along the roadway. No matter if there's 30 or 40 feet of grass between it, it's just, you know, the language in the code is no 6-foot fence along the right-of-way. THE CHAIRWOMAN: And there have been a variety of other ones that were close to some beach accesses that we told them you can have a 4-foot fence and plant a hedge. BOARD MEMBER ELMORE: But I'm -- I'm all ears to change it. I just really caution that, you know, we could get into some sticky situations. If someone wants to come in and put a 6-foot fence on the property line on Seminole, and the -- one thing -- the whole reason that ordinance is there is so that we don't look at canyons of fences along our roadways. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 when they look at their house and everything about it, including the address, says this is the front yard, and then they move ahead with plans and find out, no, it isn't. As a matter of fact, everything is different because your front yard is over there. I just think that's something that should be addressed, but that's not an issue for us this evening, but I'd like it to be sort of bookmarked somewhere -- BOARD MEMBER ELMORE: And I agree. And I sympathize with the homeowner here because, in this instance, there's a tremendous amount of land. It makes perfect sense to put a fence there, but the problem is we have this one-size-fits-all rule -- BOARD MEMBER LANIER: Yeah. BOARD MEMBER ELMORE: -- about fencing where -- you know, whether it's on 3rd Street and East Coast or whether it's on Seminole and Selva Marina Drive, it's -- you know, we're stuck with this code. And if we approve a variance going against that, we really create a lot of hardship for ourselves down the road, and the City. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 5 of 18 sheets Page 17 to 20 of 45 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 MR. REEVES: I could provide a little more insight to the other code provisions. So on corner lots, the -- we, obviously, have the front yard requirement, 20 feet back, but the side yard adjoining the street also has its own requirements. In this case, because the right- -- both right-of-ways are over 50 feet wide. They're both 100-foot-wide right-of-ways. A 6-foot fence has to be either 5 feet off of the sidewalk or 15 feet off of edge of pavement. So just giving you an idea, when we look at these corner lot situations for fencing, even the side yard does have some setback requirements, the side yard that's adjoining the street. It's at 5 feet from the sidewalk, 15 feet from the edge of pavement for the street itself. So the code does kind of consider it -- BOARD MEMBER ELMORE: Is that for a 4-foot fence or a 6-foot? MR. REEVES: That's for the 6-foot fence. BOARD MEMBER STRATTON: But the 4-foot fence could go in as proposed, where they're proposing the current fence now, with no Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 not the situation. But if Selva Marina were the front yard, that's what the regulation would be. BOARD MEMBER ELMORE: But if the sidewalk is already 3 to 5 feet off the property line, all you're saying is you need to be 5 feet back from that sidewalk and you can put a 6-foot fence up along Seminole? MR. REEVES: Right. Whether it's on the property line or, you know, just a foot or two in, yeah, it could -- BOARD MEMBER ELMORE: So if the owner to the north, whose front yard technically is along Seminole too, wants to put a 6-foot fence or they -- can they come and put a 6-foot fence 5 feet behind the sidewalk too, then, even though their house is facing -- THE CHAIRWOMAN: No, because they're -- (Simultaneous speaking.) MR. REEVES: That's one of those ugly situations that, the way the code is today, can create. They would have to be 20 feet back. So, theoretically, in this situation, you could have a 6-foot fence 5 feet off the sidewalk at the corner lot and then 20 feet Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 variance needed, correct? MR. REEVES: Four-foot fences can go up to property lines everywhere, unless there's a sight line issue at the intersection, but otherwise they can go to property lines. THE CHAIRWOMAN: But the location -- a 6-foot fence could go in there if the other side of her house was considered the front yard. It could be -- because it's 5 feet from the sidewalk. So if she really -- if the City considered Selva Marina the front of her house instead of Seminole. BOARD MEMBER ELMORE: But it's still a right-of-way on the side yard. I mean, that's the problem with corner lots, is that you essentially have two -- THE CHAIRWOMAN: But Derek said it could be 5 feet from the sidewalk. BOARD MEMBER ELMORE: For -- MR. REEVES: Right. So if the dimensions were slightly different and Selva Marina was the front yard by code, we would allow the fence along Seminole Road to be 5 feet off of the sidewalk and it can be 6 feet tall. Obviously, that's Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 back for the adjoining property if that's just the way the dimensions work out. It's not ideal, but that's the way the code works today. BOARD MEMBER ELMORE: Well, if staff is -- can defend putting the 6-foot fence up along the right-of-way there -- MR. REEVES: Well -- BOARD MEMBER ELMORE: -- then -- MR. REEVES: -- I can't. That's why we're here for a variance. BOARD MEMBER ELMORE: Well -- but you're saying that you can put a 6-foot fence up 5 feet back from the sidewalk. And if the sidewalk -- MR. REEVES: In certain situations, yes. BOARD MEMBER ELMORE: And if the sidewalk is, say, 3 feet off the right-of-way, you're essentially putting a 6-foot fence 2 feet back into their property. MR. REEVES: Yes, if that -- in the right situation. This is -- BOARD MEMBER ELMORE: And -- MR. REEVES: -- not that situation. BOARD MEMBER ELMORE: And -- Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 21 to 24 of 45 6 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 BOARD MEMBER STRATTON: And not in this situation. THE CHAIRWOMAN: Yeah. I was going to say, unfortunately, we're faced with what we're -- what the rules are at this -- (Simultaneous speaking.) BOARD MEMBER SIMMONS: (Inaudible) the side yard/front yard issue. THE CHAIRWOMAN: Yes, which I hope we can address through our Land Development Code. And I'm not sure how we would address it, but it seems to have been an aggravating factor for a variety of variances for houses that were constructed quite some time ago. BOARD MEMBER LANIER: You know, I think it's interesting, just as a comment, all three requests that we've heard so far tonight were all things that people don't know when they buy a house. You know, they're -- they're in the fine print somewhere in the title or maybe not even in the title. I mean, in the -- in the title search to this house, did it say the front yard is on Seminole Road? Probably not. So these are all those kind of buyer-beware kind of things. It's really unfortunate. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 would want to know, then: We know that this street was developed in the 1950s, right? Maybe '60s, but -- BOARD MEMBER ELMORE: Yeah, '60s. BOARD MEMBER LANIER: -- probably in the '50s, late '50s. At that time, did the -- was it in the City's code that the shorter lot line is the front yard or did that happen after the house was already built? Because it was built and it was assigned an address of Selva Marina Drive. So when did that happen? BOARD MEMBER ELMORE: Usually at the point of construction is usually when the address is assigned to a house. BOARD MEMBER LANIER: Well, right. I know that, but at what point did the rule come along that said if you have a corner lot, your shorter -- your shorter distance is your front yard? Did that happen after this house was built or before? THE CHAIRWOMAN: I would say it would have had to have happened after it because if you knew that -- building the house, that the narrowest -- your front of your lot was considered the narrowest side, you would have Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BOARD MEMBER ELMORE: Well, I don't know how the lot got assigned a Seminole Road address if it has a Selva Marina address. I mean, that house has been there 50 years at least, and -- BOARD MEMBER SIMMONS: Because it's the shorter of the two -- THE CHAIRWOMAN: Because that's -- at some point our code said we have to define what the front of the lot is. And they said, all right, we'll make it the skinny side. BOARD MEMBER ELMORE: Well -- but, no, I mean -- BOARD MEMBER LANIER: Oh, well, that's a question. BOARD MEMBER ELMORE: Most address assignments are done at the point of a building permit for new -- undeveloped property. It's not assigned when it's platted. It's -- the address is assigned when the -- at least currently, today. I don't know what it was like when this house was built, but addresses are not assigned until -- on undeveloped property, until a building permit is submitted. BOARD MEMBER LANIER: Well, here's what I Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 oriented your house entirely different, at least I would have -- BOARD MEMBER LANIER: Uh-huh. THE CHAIRWOMAN: -- because then you would be -- BOARD MEMBER LANIER: Do you know, Derek? MR. REEVES: No, I don't know. And I -- because the code was rewritten in '82, it's very hard to research anything prior to that as far as what the regulation was at the time of construction. I wanted to point out a couple of things since we're going down this road. The first is, addresses have nothing to do with the front of the property as far as code definition. That's why you see through-lots on Beach Avenue that have Beach Avenue addresses and some have Ocean Boulevard addresses. It's a choice thing. The City, honestly -- once you decide. If you request a change, as long as you have frontage on that street, we'll let you name it or address it that way. The whole reason we have this definition of "corner lot" is really not for fences. It's more for your building setbacks. And I'll Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 7 of 18 sheets Page 25 to 28 of 45 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 point out that this structure is a nonconforming structure. That northern end is -- it looks like 10.1 feet from the property line. That's technically the rear yard. It should be 20 feet off. Where this really comes into play is those lots in North Atlantic Beach where it's 50 by 130 feet deep. If you say -- and say that lot is on the corner of 3rd and East Coast and the shorter side is on 3rd, the longer side is on East Coast, if you want an East Coast address and the front of your home faces East Coast and you apply those front yard setbacks and it's only a 50-foot-wide lot, well, it's a 20-foot setback in the front and 20-foot setback in the rear, you end up with a 10-foot-wide buildable area. That is why we have the narrowest side is the front. It's to determine those setbacks and how that works. Fences have kind of fallen into that as a way to regulate it and, you know, how we determine the location as appropriate. But addressing, design of the house, all of that, as far as where your front door is and Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 that that existed when this house was built, unless somebody can prove it to me that it was. And you said our code was written in -- was rewritten in 1989? MR. REEVES: '82. BOARD MEMBER LANIER: '82? MR. REEVES: I know we have a full version from '50, but that doesn't guarantee that I can find your answer. BOARD MEMBER LANIER: So you can't find an answer to say that I'm right, but you also can't find an answer to say that I'm wrong, correct? MR. REEVES: Yeah. I can't find it at this moment, definitely. If you want me to go back and do the research, we can do that and bring it to you next time, if that's what you're looking for. Maybe we find an answer, maybe we don't. BOARD MEMBER LANIER: Well, an answer could give me the confidence to vote on this without a doubt, if the applicant is willing to wait. BOARD MEMBER STRATTON: I mean, how do you feel about, you know, the -- the tunneling Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 the functionality of your house is completely independent of the setbacks. I just wanted to make you all aware of that, you know, as you have your discussion. BOARD MEMBER ELMORE: So you're saying if she tore down her garage on the north end, she couldn't put it -- rebuild it, essentially? She -- you'd have to take -- chop 10 feet off of it because that's considered the rear yard? MR. REEVES: Correct. BOARD MEMBER ELMORE: Don't tear down your garage. BOARD MEMBER SIMMONS: You know, we have a highly irregular property and code here, and I know it's strange that it's right next door to a property that could not have a 6-foot fence there, but on the other hand, we have a great family house there with crazy limitations due to both shape of the lot and some craziness in the code, and I -- I think it's very justifiable to give this variance. BOARD MEMBER LANIER: I am -- unless somebody can provide evidence otherwise, I am not convinced that the front yard rule about which side is the front yard, I'm not convinced Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 effect -- BOARD MEMBER LANIER: I don't -- BOARD MEMBER STRATTON: -- that we talk about all the time? BOARD MEMBER LANIER: We do. BOARD MEMBER STRATTON: And that, to me, it's an issue here because it's one of the main thoroughfares in and out of Atlantic Beach. And a 6-foot fence is pretty significantly different than the 4-foot that -- they could put the 4-foot without the variance and then they could plant the landscaping, just like the many other houses that we've talked about. And they get all the privacy they want. They get the security still, if they have pets that are running around in the back, they don't want to get out, and they still have all the privacy with the mature landscaping. BOARD MEMBER LANIER: I don't think the tunneling effect on this piece of property is an issue as it is in, like, some of the numbered streets. We really are concerned about the tunneling effect, and I know we've talked about it on Section H. In some of those areas we've talked about it. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 29 to 32 of 45 8 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 This is -- this piece of property is so spacious. It is so big. And if you look at it up there in that picture -- I mean, from where it -- look at where the house is. I feel like I'm really lobbying for this, and I don't know why, but -- BOARD MEMBER STRATTON: It's not really the size of the house, but it's the proximity of the fence to the road. BOARD MEMBER LANIER: It's not close. It's not close. There's a huge hedge, which is probably 10 foot tall. The fence would be on the other side of the hedge and wouldn't be as tall as the hedge. So most of this, like this much here (indicating) would be behind a hedge. If we were going to ask the applicant to do something different, we could maybe say, would you not build the fence out quite so far? Maybe keep it more towards the backyard than the front corner of the house? I mean, I think that might be a compromise, but that still doesn't fix the front yard issue. BOARD MEMBER ELMORE: Well, just so -- you've got to -- I mean, the thing that strikes me -- I mean, I try to sympathize with every Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 difference between that and this. The setbacks on Seminole are really wide. How far off the edge of the road is the property line? BOARD MEMBER ELMORE: Oh, it's a good -- MR. REEVES: That's what we don't know for sure. BOARD MEMBER ELMORE: It's about 32 feet. I mean, the road itself is about 28 feet wide and it's a 100-foot right-of-way, so do the math. BOARD MEMBER SIMMONS: Yeah. BOARD MEMBER ELMORE: I mean, it's -- BOARD MEMBER SIMMONS: So the two -- the two are not comparable at all. This is a long way back. It really does not have that tunneling effect because it's so far from Seminole Road. MS. GAGLIONE: May I -- BOARD MEMBER ELMORE: Well, Sylvia, I agree with you, and I -- I get that, but the point is, the fence setback criteria is one-size-fits-all, unfortunately, and that's what we have to work with. BOARD MEMBER SIMMONS: But we do have -- Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 person that comes forward to try to improve their property, but I -- I'm just really concerned about, you know, the precedent it's going to set with other homeowners along Seminole, and -- BOARD MEMBER LANIER: But the other homeowners, they're not corner lots along Seminole -- BOARD MEMBER ELMORE: Well, the point -- BOARD MEMBER LANIER: The neighbor next door -- THE CHAIRWOMAN: The people right here on the road that leads to the back end to the elementary school, they had to take their 6-foot fence down because they put it up without a permit. And I have to tell you, if anybody needed security and privacy to keep kids from throwing trash and things in their yard, that would have been someone -- and we told them, no, you can have a 4-foot fence with a hedge. BOARD MEMBER SIMMONS: I have -- BOARD MEMBER LANIER: I don't remember that. BOARD MEMBER SIMMONS: I have a real Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 we can grant a variance based on -- BOARD MEMBER ELMORE: No question. It's just that you open up a whole other kettle of fish. BOARD MEMBER SIMMONS: Well, there are other corner lots, but very few -- there's maybe a similar lot at -- BOARD MEMBER LANIER: Country Club. (Simultaneous speaking.) BOARD MEMBER SIMMONS: -- (inaudible) -- BOARD MEMBER ELMORE: Country Club and Seminole is a big corner lot. BOARD MEMBER SIMMONS: But certainly most of the houses on corner lots along Seminole have -- don't have -- they have a square lot. They're nothing like this one. This is -- this really is a very unusually shaped and irregular shaped lot, Number 5. BOARD MEMBER ELMORE: Well, Sylvia, just to comment on your -- BOARD MEMBER SIMMONS: (Inaudible.) BOARD MEMBER ELMORE: Well, I mean, that's fine, but if you just go up two blocks, up to Country Club and Seminole, that big, vacant -- not vacant -- the big lot with the house with Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 9 of 18 sheets Page 33 to 36 of 45 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 the metal roof that's on the southwest corner, it's the same -- that lot is almost identical to this and it's the same configuration. BOARD MEMBER SIMMONS: Well, I'm sorry, I can't place that one. I place the one on East Coast -- (Simultaneous speaking.) BOARD MEMBER SIMMONS: (Inaudible) -- BOARD MEMBER ELMORE: We're on -- we're driving north on Seminole. BOARD MEMBER SIMMONS: Yeah. BOARD MEMBER ELMORE: And you're coming -- Country Club is the one that cuts over to Selva, where 16th is. BOARD MEMBER SIMMONS: Yeah. BOARD MEMBER ELMORE: And it's a big -- it's a real open lot. It's kind of a long -- BOARD MEMBER SIMMONS: I'm sorry, I can't -- BOARD MEMBER ELMORE: -- ranch (inaudible) house with a metal roof -- BOARD MEMBER SIMMONS: I'm sorry, I can't -- BOARD MEMBER ELMORE: -- but the lot is the same thing. I mean, it's a 100-foot Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 bottom line is we're here to look at -- I mean, we're given this one-size-fits-all fence criteria, and that's what we have to work with right now. And I just feel that if you put this fence right along the Seminole right-of-way, even though it's going to be 30-something feet off the edge of pavement, I just worry about what the other homeowners are saying. "Well, my front yard faces Seminole. I want to be able to do the same thing here." And we're really creating some real issues. Then it starts -- let's say four or five people start doing that and you get the canyon effect with the fences, and now look where we are. MS. GAGLIONE: Chairwoman -- THE CHAIRWOMAN: Ma'am, I'm sorry, the public comment portion is closed and it's just the discussion with the board. MS. GAGLIONE: Oh. So I can't say anything else? THE CHAIRWOMAN: Correct. MS. GAGLIONE: Oh, okay. THE CHAIRWOMAN: Thank you. MS. GAGLIONE: Thanks. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 right-of-way and it's a big lot and it's almost the same shape as this. I wish we had Google Earth up, you could see it. BOARD MEMBER LANIER: It's that house that has like three legs. BOARD MEMBER ELMORE: Yes, but it's the same thing. So imagine putting a 6-foot fence along their, quote, side yard there. And that's really wide open. You'd see that big as life and then, I mean, they could say, "Well, you did it down the street, why can't I do it here?" It's actually Tad Chance's (phonetic) house. I don't know if you know Tad or not, Tad and Karen Chance. You know, I would love to grant this variance, and there's a lot of me that could be convinced otherwise. I'd have to have the support of staff and, you know, playing some gymnastics with the verbiage a little bit, but I -- I'm really concerned about -- You know, fences are one of the biggest issues we get variances on. And if you let -- everyone comes in with their issues and their pleas and we all sympathize with that, but the Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 THE CHAIRWOMAN: Would it help you guys if we ask the applicant to flag or stake the limits of where the fence is? Because I think that's part of the problem, is we can't quite picture exactly where the fence would be placed. Would that be -- would that be more helpful to you? BOARD MEMBER SIMMONS: Well, maybe that, and also, are there -- Kelly, can you see any compromises? Any -- BOARD MEMBER ELMORE: Well, you know, I would say you could certainly put the 4-foot-high fence in without even having to request for a variance. And if you want to plant a hedge in front or behind it to get your 6 feet, you can do that. You know, 6 feet is maximum. But, you know, trying to find a compromise is just allowing -- it's not adhering to the way the law is written, and I don't see a hardship here in the sense that there's something really weird. I mean, it's just -- it's a corner lot and it's part and parcel of -- when you buy a corner lot, you get increased setbacks. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 37 to 40 of 45 10 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 BOARD MEMBER SIMMONS: When you buy a corner lot, you do not always have an irregular-shaped property. BOARD MEMBER ELMORE: Well, I wouldn't say that this is particularly irregularly shaped. I mean, as a land planner, I see a lot of lots like this. BOARD MEMBER STRATTON: And it's really not that irregular shape that's causing to bring any of this to issue anyway. BOARD MEMBER ELMORE: It's strictly -- BOARD MEMBER SIMMONS: Well, I felt it was when I drove by, Patrick, because the -- look at the backyard space. It's -- you know, it's very small. BOARD MEMBER LANIER: If this house were built today and the -- and it was a scraped -- scraped lot, and someone was told, "Well, your front yard is Seminole Road," I would think they would build a house that faced Seminole Road with the backyard -- a spacious backyard that went up Selva -- you know, I would. This is -- I don't know. BOARD MEMBER STRATTON: So why is the yard size at issue even? I mean, whether we talk Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 BOARD MEMBER SIMMONS: We need to -- unless you think putting it off would bring something that would clarify, and I don't think that that would do anything for Kelly's vote or Patrick's vote. We need to either -- I'll make a motion and we can vote it up or down. Is that okay? THE CHAIRWOMAN: Yes, ma'am. Please. BOARD MEMBER SIMMONS: I would like to move to grant Variance 17-0010. And I do think it has an irregular shape that makes that backyard very small for a play yard with kids. So that's it. THE CHAIRWOMAN: Do I have a second? BOARD MEMBER LANIER: I'll second. THE CHAIRWOMAN: All in favor? BOARD MEMBER SIMMONS: Aye. BOARD MEMBER LANIER: Aye. THE CHAIRWOMAN: All opposed? Nay. BOARD MEMBER ELMORE: Nay. BOARD MEMBER STRATTON: Nay. BOARD MEMBER LANIER: I think that's the first time we've ever had such a close vote. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 about a 4-foot fence or a 6-foot fence, it's not going to change anything about the usable space in the yard. BOARD MEMBER LANIER: No, it's not. I was just saying, if there was no house on this property and you bought the property and somebody said, "Well, this is your front yard," then you would -- you would consider that in where you place the house. BOARD MEMBER STRATTON: I agree, but -- BOARD MEMBER LANIER: But I believe, probably, at the time this was built -- and it was Roger Bull (phonetic) that developed all of it, right? I think things were just very different. I mean, look at where the garage is built. It's -- you know, it's -- it's kind of wedged up in the corner. I don't know if that garage was an add-on. Was it an add-on? I don't think it was an add-on. It looks like it was part of the house, but -- anyway, it was put on the property funny. I don't -- I don't know. BOARD MEMBER STRATTON: Hey, I'm off the board in three months. You guys can be stuck with it, if you -- you know. Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 THE CHAIRWOMAN: We've only got five tonight, so that -- BOARD MEMBER LANIER: Oh, right. THE CHAIRWOMAN: So that brings us much closer. All right. That brings us to Item Number 4C, ZVAR17-0009. (The above proceedings were concluded at approximately 7:40 p.m.) * * * * * Diane M. Tropia, Inc., Post Office Box 2375, Jacksonville, FL 32203 (904) 821-0300 11 of 18 sheets Page 41 to 44 of 45 02/11/2018 02:11:39 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 CERTIFICATE OF REPORTER STATE OF FLORIDA) ) COUNTY OF DUVAL ) I, Diane M. Tropia, Florida Professional Reporter, certify that I was authorized to and did transcribe the foregoing videotaped proceedings to the best of my ability. DATED this lOth day of February 2018. Diane M. Tropia Florida Professional Reporter 'ViBn\Z M. rropia, Inc., Post Office. Box 2375, Jacksonvill\Z, fb 32203 (904) 821-0300 City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 1 ' 4 accurate [1] - 13:9 add [3] - 42:18, 42:19, 42:20 add-on [3] - 42:18, 42:19, 42:20 additional [3] - 5:12, 8:16, 10:5 address [12] - 6:1, 20:2, 25:10, 25:11, 26:3, 26:16, 26:20, 27:10, 27:13, 28:22, 29:11 addressed [1] - 20:8 addresses [5] - 10:20, 26:22, 28:14, 28:17, 28:18 addressing [1] - 29:24 adhering [1] - 40:19 adjoining [4] - 2:18, 21:5, 21:15, 24:1 Administrative [1] - 1:19 aerial [1] - 3:15 agenda [1] - 2:3 aggravating [1] - 25:12 aggrieved [1] - 19:21 ago [1] - 25:14 agree [4] - 17:21, 20:11, 35:21, 42:10 agreed [1] - 9:2 ahead [2] - 12:17, 20:3 allow [2] - 2:8, 22:23 allowed [2] - 8:24, 16:17 allowing [1] - 40:19 almost [2] - 37:2, 38:1 ALSO [1] - 1:16 amount [2] - 16:6, 20:14 answer [5] - 31:9, 31:11, 31:12, 31:19, 31:20 ants [1] - 13:19 anyway [2] - 41:10, 42:21 applicant [7] - 5:18, 8:17, 10:5, 16:24, 31:22, 33:16, 40:2 apply [1] - 29:13 approaches [2] - 5:20, 15:17 appropriate [1] - 29:23 approve [2] - 16:19, 20:22 area [1] - 29:17 areas [1] - 32:25 assigned [6] - 26:2, 26:19, 26:20, 26:23, 27:10, 27:14 assignments [1] - 26:17 Assistant [1] - 1:19 ATLANTIC [1] - 1:1 Atlantic [3] - 1:9, 29:7, 32:8 Attorney [1] - 1:17 attractive [2] - 9:25, 10:2 AUDIENCE [2] - 5:21, 10:13 Audience [1] - 5:20 authorized [1] - 45:8 Avenue [2] - 28:16, 28:17 aware [1] - 30:3 aye [2] - 43:18, 43:19 15:5, 15:8, 15:9, 16:1, 16:7, 16:14, 17:13, 18:17, 19:1, 19:9, 19:18, 19:22, 20:11, 20:17, 20:18, 21:20, 21:23, 22:13, 22:19, 23:4, 23:12, 24:5, 24:9, 24:12, 24:17, 24:23, 24:25, 25:1, 25:7, 25:15, 26:1, 26:6, 26:12, 26:14, 26:16, 26:25, 27:4, 27:5, 27:12, 27:15, 28:3, 28:6, 30:5, 30:11, 30:13, 30:22, 31:6, 31:10, 31:20, 31:24, 32:2, 32:3, 32:5, 32:6, 32:19, 33:7, 33:10, 33:23, 34:6, 34:9, 34:10, 34:22, 34:23, 34:25, 35:5, 35:8, 35:12, 35:13, 35:14, 35:20, 35:25, 36:2, 36:5, 36:8, 36:10, 36:11, 36:13, 36:19, 36:21, 36:22, 37:4, 37:8, 37:9, 37:11, 37:12, 37:15, 37:16, 37:18, 37:20, 37:22, 37:24, 38:4, 38:6, 40:8, 40:11, 41:1, 41:4, 41:8, 41:11, 41:12, 41:16, 41:24, 42:4, 42:10, 42:11, 42:23, 43:1, 43:9, 43:16, 43:18, 43:19, 43:22, 43:23, 43:24, 44:3 board [5] - 2:6, 11:9, 17:15, 39:19, 42:24 Board [4] - 1:13, 1:14, 1:14, 1:15 bookmarked [1] - 20:10 bottom [2] - 14:16, 39:1 bought [1] - 42:6 Boulevard [1] - 28:18 BREA [1] - 1:13 BRENNA [1] - 1:17 BRIAN [1] - 1:18 bring [5] - 11:3, 11:9, 31:17, 41:10, 43:2 brings [2] - 44:4, 44:6 BROEDELL [7] - 1:18, 2:6, 4:5, 4:10, 4:25, 5:10, 5:16 brought [1] - 6:12 build [3] - 12:17, '50 [1] - 31:8 '50s [2] - 27:6 '60s [2] - 27:3, 27:4 '82 [3] - 28:8, 31:5, 31:6 'hood [1] - 4:16 4 [2] - 3:5, 18:2 4-foot [9] - 18:7, 18:16, 19:5, 21:20, 21:23, 32:10, 32:11, 34:20, 42:1 4-foot-high [1] - 40:13 40 [3] - 15:23, 16:2, 18:9 40-foot [1] - 15:18 4B [1] - 2:4 4C [1] - 44:7 1 10 [2] - 30:8, 33:12 10-foot-wide [1] - 29:16 10.1 [1] - 29:3 100-foot [2] - 35:10, 37:25 100-foot-wide [1] - 21:9 10th [1] - 45:14 130 [1] - 29:8 15 [2] - 21:11, 21:17 1505 [2] - 2:9, 5:22 1510 [1] - 10:23 1515 [1] - 10:24 1520 [1] - 10:23 1525 [1] - 10:24 16th [1] - 37:14 17-0010 [1] - 43:10 1950s [2] - 11:25, 27:2 1960s [1] - 11:25 1989 [1] - 31:4 5 5 [15] - 4:12, 4:24, 5:6, 17:24, 21:10, 21:16, 22:9, 22:18, 22:24, 23:5, 23:6, 23:16, 23:24, 24:14, 36:18 50 [3] - 21:8, 26:4, 29:7 50-foot-wide [1] - 29:14 B backyard [12] - 7:3, 7:4, 7:7, 7:10, 7:24, 8:21, 9:10, 33:19, 41:14, 41:21, 43:12 based [4] - 4:11, 4:13, 5:4, 36:1 BEACH [1] - 1:1 beach [2] - 6:13, 18:15 Beach [5] - 1:9, 28:16, 28:17, 29:7, 32:8 beautiful [2] - 7:10, 12:1 beautify [1] - 8:5 behind [10] - 3:23, 5:2, 5:3, 6:12, 9:21, 12:17, 18:3, 23:16, 33:15, 40:15 below [1] - 14:15 best [1] - 45:10 between [4] - 4:8, 14:18, 18:10, 35:1 beware [1] - 25:24 big [9] - 14:24, 15:6, 33:2, 36:12, 36:24, 36:25, 37:16, 38:1, 38:9 biggest [2] - 13:25, 38:22 bit [4] - 3:24, 14:17, 19:23, 38:20 blocks [1] - 36:23 BOARD [139] - 1:2, 1:12, 4:2, 4:6, 4:15, 5:7, 5:13, 8:18, 9:3, 10:6, 11:11, 11:20, 13:2, 13:7, 13:10, 13:13, 13:24, 14:8, 14:11, 14:12, 14:15, 14:19, 14:24, 15:4, 6 6 [5] - 3:7, 18:2, 22:25, 40:16 6-foot [27] - 2:8, 3:10, 7:13, 13:15, 16:16, 16:20, 17:10, 18:3, 18:11, 18:21, 19:4, 21:9, 21:21, 21:22, 22:7, 23:7, 23:14, 23:15, 23:24, 24:6, 24:13, 24:19, 30:16, 32:9, 34:15, 38:7, 42:1 6-foot-tall [1] - 2:24 6:55 [2] - 1:8, 2:1 6th [1] - 19:3 2 2 [1] - 24:19 20 [5] - 16:4, 21:4, 23:22, 23:25, 29:5 20-foot [2] - 29:14, 29:15 2017 [2] - 1:7, 2:1 2018 [1] - 45:14 21 [2] - 1:7, 2:1 24-157 [1] - 3:4 28 [1] - 35:9 2nd [1] - 19:16 7 7:40 [1] - 44:9 3 8 3 [2] - 23:5, 24:18 30 [3] - 3:13, 16:4, 18:9 30-something [1] - 39:7 32 [1] - 35:8 3rd [3] - 20:19, 29:9, 29:10 800 [1] - 1:9 A ability [1] - 45:10 able [1] - 39:10 absolutely [1] - 9:6 abuts [1] - 2:21 abutting [1] - 2:16 accesses [1] - 18:15 Diane M. Tropia , Inc., Post Office Box 2375, Jacksonville , FL 32203 (904) 821-0300 13 of 18 sheets Page 1 to 1 of 6 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 2 33:18, 41:20 buildable [1] - 29:16 building [4] - 26:17, 26:24, 27:23, 28:25 built [11] - 5:25, 11:22, 11:25, 26:22, 27:9, 27:20, 31:1, 41:17, 42:12, 42:16 Bull [1] - 42:13 bunch [2] - 6:18, 19:18 buy [3] - 25:18, 40:24, 41:1 buyer [1] - 25:24 buyer-beware [1] - 25:24 chunk [1] - 12:19 citizens [1] - 19:25 CITY [1] - 1:1 City [15] - 1:8, 1:17, 1:18, 2:15, 3:8, 3:21, 4:22, 5:7, 7:19, 7:22, 17:16, 17:17, 20:25, 22:10, 28:19 City's [1] - 27:7 clarify [1] - 43:3 cleaning [1] - 9:23 close [8] - 4:21, 11:8, 12:23, 16:9, 18:14, 33:10, 33:11, 43:25 closed [1] - 39:18 closer [3] - 12:20, 14:1, 44:5 Club [4] - 36:8, 36:11, 36:24, 37:13 Coast [6] - 20:20, 29:9, 29:11, 29:12, 37:6 code [18] - 2:15, 2:22, 3:8, 18:11, 19:14, 20:22, 21:2, 21:18, 22:23, 23:21, 24:4, 26:9, 27:7, 28:8, 28:15, 30:14, 30:20, 31:3 Code [1] - 25:10 codes [2] - 18:6, 19:11 combination [1] - 19:8 coming [3] - 13:16, 19:2, 37:12 commencing [1] - 1:7 comment [8] - 4:15, 10:10, 10:11, 10:15, 11:8, 25:16, 36:20, 39:18 Commission [1] - 1:8 COMMUNITY [1] - 1:2 comparable [1] - 35:15 completely [1] - 30:1 compromise [2] - 33:21, 40:18 compromises [1] - 40:10 concern [1] - 13:25 concerned [3] - 32:22, 34:3, 38:21 concerns [1] - 13:14 42:8 considered [6] - 2:19, 6:6, 22:8, 22:11, 27:25, 30:9 constructed [1] - 25:14 construction [2] - 27:13, 28:11 continuing [1] - 3:19 controversial [1] - 17:8 convinced [3] - 30:24, 30:25, 38:18 corner [21] - 2:12, 2:15, 3:9, 13:8, 21:3, 21:13, 22:15, 23:25, 27:17, 28:24, 29:9, 33:20, 34:7, 36:6, 36:12, 36:14, 37:1, 40:23, 40:24, 41:2, 42:17 correct [6] - 4:4, 5:8, 22:1, 30:10, 31:13, 39:22 Country [2] - 36:24, 37:13 country [2] - 36:8, 36:11 COUNTY [1] - 45:4 couple [1] - 28:12 course [1] - 6:8 court [1] - 17:18 craziness [1] - 30:19 crazy [1] - 30:18 create [5] - 7:9, 9:9, 20:23, 23:22 creating [1] - 39:11 criteria [2] - 35:22, 39:3 current [1] - 21:25 curve [1] - 14:16 cuts [1] - 37:13 design [1] - 29:24 determine [2] - 29:19, 29:22 developed [2] - 27:2, 42:13 DEVELOPMENT [1] - 1:2 Development [2] - 1:18, 25:10 Diane [2] - 45:7, 45:17 difference [1] - 35:1 different [6] - 20:5, 22:22, 28:1, 32:10, 33:17, 42:15 dimensions [2] - 22:21, 24:2 directly [1] - 10:22 Director [1] - 1:18 discussion [3] - 11:9, 30:4, 39:19 distance [2] - 3:16, 27:18 district [1] - 2:11 done [1] - 26:17 door [4] - 6:2, 29:25, 30:15, 34:11 double [1] - 19:20 double-frontage [1] - 19:20 doubt [1] - 31:22 down [12] - 8:23, 11:3, 17:9, 17:12, 17:14, 20:24, 28:13, 30:6, 30:11, 34:15, 38:11, 43:6 Dr [1] - 11:21 drawn [2] - 6:7, 14:9 Drive [10] - 2:10, 2:13, 5:23, 6:1, 6:2, 6:3, 6:4, 12:11, 20:21, 27:11 driveways [1] - 6:3 driving [1] - 37:10 drove [2] - 8:19, 41:13 due [1] - 30:18 DURDEN [1] - 1:17 duty [1] - 17:2 DUVAL [1] - 45:4 either [2] - 21:10, 43:5 elementary [1] - 34:14 ELMORE [44] - 1:14, 16:14, 17:13, 18:17, 20:11, 20:18, 21:20, 22:13, 22:19, 23:4, 23:12, 24:5, 24:9, 24:12, 24:17, 24:23, 24:25, 26:1, 26:12, 26:16, 27:4, 27:12, 30:5, 30:11, 33:23, 34:9, 35:5, 35:8, 35:13, 35:20, 36:2, 36:11, 36:19, 36:22, 37:9, 37:12, 37:16, 37:20, 37:24, 38:6, 40:11, 41:4, 41:11, 43:22 end [5] - 19:3, 29:2, 29:16, 30:6, 34:13 entirely [1] - 28:1 environment [1] - 9:9 especially [1] - 9:17 essentially [3] - 22:16, 24:19, 30:7 evening [2] - 2:6, 20:9 everywhere [1] - 22:3 evidence [1] - 30:23 exactly [4] - 5:1, 10:24, 13:23, 40:5 example [1] - 11:24 except [1] - 19:14 Excerpt [1] - 1:6 existed [1] - 31:1 explain [1] - 2:17 explained [1] - 10:24 exterior [2] - 2:17, 8:9 eyeing [1] - 4:11 C canyon [1] - 39:14 canyons [1] - 18:24 capture [1] - 17:1 case [1] - 21:7 causing [1] - 41:9 caution [2] - 16:15, 18:18 century [1] - 8:12 certain [1] - 24:16 certainly [2] - 36:13, 40:12 CERTIFICATE [1] - 45:1 certify [1] - 45:8 Chairwoman [2] - 1:13, 39:16 CHAIRWOMAN [42] - 2:3, 5:11, 5:14, 5:17, 6:21, 6:23, 8:15, 10:4, 10:7, 10:9, 10:14, 10:18, 11:5, 11:7, 14:17, 14:22, 15:13, 15:15, 16:13, 17:12, 18:13, 19:17, 19:20, 22:6, 22:17, 23:18, 25:3, 25:9, 26:8, 27:21, 28:4, 34:12, 39:17, 39:22, 39:24, 40:1, 43:8, 43:15, 43:17, 43:20, 44:1, 44:4 Chambers [1] - 1:9 Chance [1] - 38:15 F faced [2] - 25:4, 41:20 faces [2] - 29:12, 39:9 facing [2] - 6:1, 23:17 fact [2] - 12:5, 20:5 factor [1] - 25:12 fallen [1] - 29:20 family [1] - 30:18 far [7] - 25:17, 28:10, 28:15, 29:25, 33:18, 35:3, 35:17 favor [1] - 43:17 D DATED [1] - 45:14 decide [1] - 28:19 deep [1] - 29:8 defend [1] - 24:6 define [1] - 26:9 defines [2] - 2:15, 3:9 definitely [2] - 5:1, E ears [1] - 18:18 Chance's [1] - 38:13 concluded [1] - 44:8 31:15 Earth [1] - 38:3 February [1] - 45:14 change [3] - 18:18, condition [1] - 8:11 definition [2] - 28:15, East [6] - 20:20, 29:9, feet [42] - 3:5, 3:7, 28:20, 42:2 confidence [1] - 31:21 28:23 29:11, 29:12, 37:6 3:13, 4:12, 4:24, 5:6, character [1] - 12:2 configuration [2] -denied [2] - 6:9, 17:13 edge [5] - 8:3, 21:11, 9:11, 9:16, 9:18, children [3] - 7:3, 6:14, 37:3 Density [1] - 2:12 21:17, 35:3, 39:7 16:4, 17:24, 18:2, 7:15, 8:1 configured [1] - 5:25 DEREK [1] - 1:18 effect [5] - 32:1, 18:9, 21:4, 21:8, choice [1] - 28:18 confuse [1] - 19:25 Derek [4] - 12:23, 32:20, 32:23, 35:17, 21:10, 21:11, 21:16, chop [1] - 30:8 consider [2] - 21:19, 15:6, 22:17, 28:6 39:14 21:17, 22:9, 22:18, Diane M. Tropia , Inc., Post Office Box 2375, Jacksonville , FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 2 to 2 of 6 14 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 3 22:24, 22:25, 23:5, 23:6, 23:16, 23:22, 23:24, 23:25, 24:14, 24:18, 24:19, 29:3, 29:5, 29:8, 30:8, 35:8, 35:9, 39:7, 40:16 felt [1] - 41:12 fence [69] - 2:9, 2:24, 3:5, 3:7, 3:10, 3:12, 3:22, 4:9, 4:23, 6:7, 6:15, 6:16, 7:13, 7:21, 8:4, 8:8, 9:5, 9:11, 9:12, 9:19, 12:17, 13:12, 13:16, 13:20, 14:1, 14:9, 15:1, 15:11, 15:19, 16:20, 17:10, 18:1, 18:7, 18:11, 18:16, 18:21, 19:4, 19:8, 20:15, 21:10, 21:21, 21:22, 21:24, 21:25, 22:7, 22:23, 23:8, 23:14, 23:15, 23:24, 24:6, 24:13, 24:19, 30:16, 32:9, 33:9, 33:12, 33:18, 34:15, 34:20, 35:22, 38:7, 39:2, 39:5, 40:3, 40:5, 40:13, 42:1 fences [7] - 16:17, 18:24, 22:2, 28:24, 29:20, 38:22, 39:14 fencing [3] - 7:2, 20:18, 21:13 few [2] - 19:12, 36:6 fine [3] - 7:25, 25:20, 36:23 first [2] - 28:13, 43:25 fish [1] - 36:4 fits [3] - 20:16, 35:23, 39:2 five [2] - 39:13, 44:1 fix [1] - 33:22 flag [1] - 40:2 Florida [3] - 1:10, 45:7, 45:17 FLORIDA [1] - 45:3 foot [5] - 15:23, 16:2, 22:2, 23:10, 33:12 foregoing [1] - 45:9 forgot [1] - 10:17 forward [1] - 34:1 four [4] - 10:19, 10:22, 22:2, 39:12 four-foot [1] - 22:2 front [49] - 2:9, 2:19, 2:22, 2:25, 3:4, 3:9, 3:11, 6:6, 7:7, 12:7, 12:9, 12:10, 12:15, 15:21, 15:22, 16:10, 17:10, 18:4, 19:11, 19:12, 19:14, 20:3, 20:6, 21:4, 22:8, 22:11, 22:22, 23:2, 23:13, 25:23, 26:10, 27:8, 27:18, 27:24, 28:14, 29:12, 29:13, 29:15, 29:19, 29:25, 30:24, 30:25, 33:20, 33:22, 39:9, 40:15, 41:19, 42:7 frontage [2] - 19:20, 28:21 fronts [2] - 2:13, 2:21 fruit [2] - 9:7, 9:11 full [2] - 13:19, 31:7 functionality [1] - 30:1 funny [1] - 42:22 future [2] - 2:11, 19:24 hand [1] - 30:17 hard [2] - 9:4, 28:9 hardship [2] - 20:24, 40:21 haul [1] - 17:17 hear [2] - 7:24, 15:16 heard [1] - 25:17 heavily [1] - 14:22 hedge [28] - 3:20, 3:21, 3:23, 4:17, 5:3, 5:4, 5:8, 6:12, 6:15, 7:17, 7:18, 7:21, 9:17, 9:18, 9:21, 10:1, 11:16, 11:17, 12:17, 16:11, 18:3, 18:16, 33:11, 33:13, 33:14, 33:15, 34:21, 40:15 height [2] - 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6:17 inside [1] - 6:15 insight [1] - 21:2 install [1] - 2:23 instance [1] - 20:13 instead [1] - 22:12 interesting [1] - 25:16 Interim [1] - 1:18 intersection [2] - 3:16, 22:4 invade [2] - 14:6, 15:1 irregular [5] - 30:14, 36:17, 41:3, 41:9, 43:11 irregular-shaped [1] - 41:3 irregularly [1] - 41:5 issue [8] - 20:8, 22:4, 25:8, 32:7, 32:21, 33:22, 41:10, 41:25 issues [7] - 3:17, 3:25, 8:2, 19:12, 38:23, 38:24, 39:12 item [1] - 2:3 Item [2] - 2:4, 44:6 itself [2] - 21:18, 35:9 kind [12] - 3:1, 4:11, 6:16, 7:5, 10:2, 11:24, 21:18, 25:24, 25:25, 29:20, 37:17, 42:16 L Land [1] - 25:10 land [3] - 2:11, 20:14, 41:6 landscaping [4] - 19:6, 19:8, 32:12, 32:18 language [1] - 18:10 LANIER [48] - 1:13, 4:15, 5:7, 11:11, 11:20, 13:2, 13:7, 13:13, 13:24, 14:11, 14:15, 14:19, 14:24, 15:5, 15:9, 16:1, 16:7, 19:9, 19:18, 19:22, 20:17, 25:15, 26:14, 26:25, 27:5, 27:15, 28:3, 28:6, 30:22, 31:6, 31:10, 31:20, 32:2, 32:5, 32:19, 33:10, 34:6, 34:10, 34:23, 36:8, 38:4, 41:16, 42:4, 42:11, 43:16, 43:19, 43:24, 44:3 large [1] - 2:10 late [1] - 27:6 law [1] - 40:20 LDRs [1] - 17:20 leads [1] - 34:13 least [4] - 5:5, 26:5, 26:20, 28:2 leaves [1] - 16:15 legs [1] - 38:5 life [1] - 38:10 ligustrum [2] - 4:17, 4:18 limitations [1] - 30:18 limits [1] - 40:3 LINDA [1] - 1:13 line [29] - 2:17, 2:21, 2:25, 3:13, 3:17, 3:25, 4:4, 4:9, 5:2, 6:15, 9:22, 12:21, 13:3, 13:4, 16:3, 16:11, 16:21, 17:11, 17:24, 18:1, 18:8, 18:21, 22:4, 23:5, 23:10, 27:7, 29:4, 35:4, 39:1 lines [2] - 22:3, 22:5 live [2] - 5:22, 11:22 lobbying [1] - 33:5 G Gaglione [2] - 5:22, 15:17 GAGLIONE [20] - 6:22, 6:25, 9:2, 9:6, 10:8, 10:16, 10:19, 11:6, 11:19, 13:23, 15:12, 15:14, 15:18, 16:2, 16:8, 35:19, 39:16, 39:20, 39:23, 39:25 garage [4] - 30:6, 30:12, 42:15, 42:18 gist [2] - 7:1, 7:12 given [2] - 8:21, 39:2 golden [1] - 11:25 good-looking [1] - 11:16 Google [1] - 38:2 grant [3] - 36:1, 38:16, 43:10 grass [2] - 14:18, 18:9 grassed [1] - 14:22 grassy [1] - 14:25 great [2] - 19:7, 30:17 guarantee [1] - 31:8 guardians [1] - 17:20 guess [2] - 4:23, 5:9 gutted [1] - 7:23 guys [6] - 5:11, 6:19, 8:16, 10:4, 40:1, 42:24 gymnastics [1] - 38:20 J JONES [1] - 1:19 justifiable [1] - 30:21 K Karen [1] - 38:15 keep [3] - 12:2, 33:19, 34:17 KELLY [1] - 1:14 Kelly [1] - 40:9 Kelly's [1] - 43:4 kettle [1] - 36:3 kids [3] - 9:1, 34:18, 43:13 H I Hall [1] - 1:8 idea [2] - 6:8, 21:12 Diane M. Tropia , Inc., Post Office Box 2375, Jacksonville , FL 32203 (904) 821-0300 15 of 18 sheets Page 3 to 3 of 6 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 4 location [2] - 22:6, 29:22 look [13] - 9:15, 9:19, 9:24, 16:8, 18:24, 20:1, 21:12, 33:2, 33:4, 39:1, 39:14, 41:13, 42:15 looking [4] - 10:3, 11:16, 17:2, 31:18 looks [5] - 5:5, 13:19, 19:6, 29:3, 42:20 Lori [1] - 5:22 love [3] - 10:3, 13:18, 38:16 Low [1] - 2:12 lower [1] - 13:8 15:4, 15:5, 15:8, 15:9, 16:1, 16:7, 16:14, 17:13, 18:17, 19:1, 19:9, 19:18, 19:22, 20:11, 20:17, 20:18, 21:20, 21:23, 22:13, 22:19, 23:4, 23:12, 24:5, 24:9, 24:12, 24:17, 24:23, 24:25, 25:1, 25:7, 25:15, 26:1, 26:6, 26:12, 26:14, 26:16, 26:25, 27:4, 27:5, 27:12, 27:15, 28:3, 28:6, 30:5, 30:11, 30:13, 30:22, 31:6, 31:10, 31:20, 31:24, 32:2, 32:3, 32:5, 32:6, 32:19, 33:7, 33:10, 33:23, 34:6, 34:9, 34:10, 34:22, 34:23, 34:25, 35:5, 35:8, 35:12, 35:13, 35:14, 35:20, 35:25, 36:2, 36:5, 36:8, 36:10, 36:11, 36:13, 36:19, 36:21, 36:22, 37:4, 37:8, 37:9, 37:11, 37:12, 37:15, 37:16, 37:18, 37:20, 37:22, 37:24, 38:4, 38:6, 40:8, 40:11, 41:1, 41:4, 41:8, 41:11, 41:12, 41:16, 41:24, 42:4, 42:10, 42:11, 42:23, 43:1, 43:9, 43:16, 43:18, 43:19, 43:22, 43:23, 43:24, 44:3 MEMBERS [4] - 1:12, 5:13, 10:6, 10:13 mention [1] - 17:7 metal [2] - 37:1, 37:21 microphone [8] - 4:2, 4:6, 8:18, 9:3, 13:10, 14:8, 14:12, 15:16 mid [1] - 8:12 mid-century [1] - 8:12 might [1] - 33:21 mimicking [1] - 9:23 minimal [1] - 3:18 minimizing [1] - 3:25 minute [1] - 13:15 moment [1] - 31:15 months [1] - 42:24 most [3] - 26:16, 33:14, 36:13 motion [2] - 11:10, 43:6 move [2] - 20:3, 43:10 MR [26] - 2:6, 4:5, 4:10, 4:25, 5:10, 5:16, 13:1, 13:5, 13:8, 21:1, 21:22, 22:2, 22:20, 23:9, 23:20, 24:8, 24:10, 24:16, 24:21, 24:24, 28:7, 30:10, 31:5, 31:7, 31:14, 35:6 MS [20] - 6:22, 6:25, 9:2, 9:6, 10:8, 10:16, 10:19, 11:6, 11:19, 13:23, 15:12, 15:14, 15:18, 16:2, 16:8, 35:19, 39:16, 39:20, 39:23, 39:25 numbered [1] - 32:22 39:13 perfect [2] - 9:20, 20:14 permit [4] - 6:9, 26:18, 26:24, 34:16 person [1] - 34:1 pets [1] - 32:15 phonetic [3] - 11:21, 38:13, 42:13 picture [4] - 6:13, 12:24, 33:3, 40:5 pictures [5] - 3:20, 6:18, 6:24, 8:10, 10:25 piece [2] - 32:20, 33:1 place [4] - 8:25, 37:5, 42:9 placed [2] - 3:22, 40:6 plan [5] - 2:23, 6:11, 8:6, 8:14, 9:9 planner [1] - 41:6 Planner [1] - 1:18 plans [2] - 6:7, 20:4 plant [5] - 5:8, 18:3, 18:16, 32:12, 40:15 planted [2] - 4:19, 9:7 platted [1] - 26:19 play [2] - 29:6, 43:12 playing [1] - 38:19 pleas [1] - 38:25 podium [2] - 5:20, 15:17 point [10] - 8:24, 19:21, 26:9, 26:17, 27:12, 27:16, 28:12, 29:1, 34:9, 35:22 pointing [1] - 15:6 portion [2] - 11:8, 39:18 position [1] - 8:22 possibly [1] - 4:24 precedence [2] - 17:3, 17:17 precedent [1] - 34:3 PRESENT [2] - 1:12, 1:16 presume [1] - 19:25 prettier [1] - 15:1 pretty [3] - 3:18, 11:16, 32:9 print [1] - 25:20 privacy [6] - 7:9, 7:14, 19:7, 32:14, 32:17, 34:17 problem [3] - 20:15, 22:15, 40:4 proceedings [3] - 1:6, 44:8, 45:9 Professional [2] - 45:7, 45:17 O objection [1] - 11:1 obstruction [1] - 14:4 obviously [3] - 5:3, 21:3, 22:25 Ocean [1] - 28:18 OF [4] - 1:1, 45:1, 45:3, 45:4 once [1] - 28:19 one [16] - 7:16, 13:13, 14:7, 16:23, 17:9, 18:22, 20:16, 23:20, 32:7, 35:23, 36:16, 37:5, 37:13, 38:22, 39:2 one's [1] - 13:9 one-size-fits-all [3] - 20:16, 35:23, 39:2 ones [1] - 18:14 open [5] - 7:5, 10:10, 36:3, 37:17, 38:9 opened [1] - 7:24 opens [1] - 6:2 opposed [1] - 43:20 ordinance [1] - 18:23 oriented [1] - 28:1 otherwise [3] - 22:5, 30:23, 38:18 ourselves [2] - 17:6, 20:24 outside [1] - 9:12 own [1] - 21:6 owner [1] - 23:12 owns [1] - 7:18 NM name [1] - 28:21 names [1] - 10:20 narrowest [4] - 2:18, 27:24, 27:25, 29:18 nay [3] - 43:21, 43:22, 43:23 nearby [1] - 17:23 neat [1] - 8:12 necessary [1] - 11:2 need [5] - 3:3, 13:17, 23:6, 43:1, 43:5 needed [6] - 6:9, 7:21, 11:3, 17:5, 22:1, 34:17 needs [4] - 8:13, 10:3, 13:18, 14:25 neighbor [3] - 16:17, 16:21, 34:10 neighborhood [1] - 11:14 neighbors [1] - 10:20 new [2] - 19:3, 26:18 news [1] - 2:7 next [4] - 2:3, 30:15, 31:18, 34:10 nice [3] - 7:22, 9:15, 13:16 nonconforming [1] - 29:2 none [1] - 10:25 North [1] - 29:7 north [3] - 23:13, 30:6, 37:10 northeast [1] - 16:18 northern [1] - 29:2 nothing [3] - 12:14, 28:14, 36:16 November [2] - 1:7, 2:1 Number [2] - 36:18, 44:6 ma'am [3] - 15:13, 39:17, 43:8 main [1] - 32:7 maintains [1] - 7:19 majority [1] - 3:22 Marina [17] - 2:9, 2:13, 3:17, 5:23, 6:1, 6:2, 6:3, 6:4, 12:1, 12:11, 15:25, 20:21, 22:11, 22:22, 23:1, 26:3, 27:10 massive [1] - 16:6 master [1] - 9:9 math [1] - 35:11 matter [2] - 18:9, 20:4 mature [3] - 4:17, 4:20, 32:18 maximum [3] - 3:4, 3:6, 40:17 McKay [1] - 11:21 mean [24] - 12:7, 12:14, 16:5, 19:1, 22:14, 25:21, 26:4, 26:13, 31:24, 33:3, 33:20, 33:24, 33:25, 35:9, 35:13, 36:22, 37:25, 38:10, 39:1, 40:22, 41:6, 41:25, 42:15 meant [1] - 10:16 MEETING [1] - 1:3 member [1] - 5:20 Member [4] - 1:13, 1:14, 1:14, 1:15 MEMBER [136] - 4:2, 4:6, 4:15, 5:7, 5:21, 8:18, 9:3, 11:11, 11:20, 13:2, 13:7, 13:10, 13:13, 13:24, 14:8, 14:11, 14:12, 14:15, 14:19, 14:24, P p.m [3] - 1:8, 2:1, 44:9 packet [2] - 6:24, 13:14 parallel [1] - 12:12 parcel [1] - 40:23 park [1] - 9:9 part [8] - 7:19, 8:7, 8:14, 9:8, 14:5, 40:4, 40:23, 42:20 particularly [1] - 41:5 PATRICK [1] - 1:14 Patrick [1] - 41:13 Patrick's [1] - 43:5 PAUL [1] - 1:13 paved [1] - 14:23 pavement [4] - 3:14, 21:11, 21:17, 39:7 peaceful [1] - 14:7 people [5] - 12:9, 19:2, 25:18, 34:12, Diane M. Tropia , Inc., Post Office Box 2375, Jacksonville , FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 4 to 4 of 6 16 of 18 sheets City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 5 property [49] - 2:10, 2:20, 2:22, 2:25, 3:13, 3:15, 3:21, 4:4, 4:8, 5:2, 5:24, 6:13, 7:5, 9:16, 12:21, 12:24, 13:4, 13:22, 15:3, 15:10, 16:3, 16:6, 16:21, 17:11, 17:23, 17:24, 18:1, 18:8, 18:21, 22:3, 22:5, 23:5, 23:10, 24:1, 24:20, 26:18, 26:24, 28:15, 29:3, 30:14, 30:16, 32:20, 33:1, 34:2, 35:4, 41:3, 42:6, 42:22 proposed [6] - 2:23, 3:12, 3:22, 4:9, 4:23, 21:24 proposing [3] - 4:3, 6:17, 21:25 prove [1] - 31:2 provide [3] - 8:10, 21:1, 30:23 provisions [1] - 21:2 proximity [1] - 33:8 public [5] - 10:10, 10:11, 10:15, 11:8, 39:18 PUD [1] - 2:7 pulling [1] - 14:5 pushed [1] - 8:3 put [20] - 8:3, 8:25, 12:24, 16:20, 17:14, 18:1, 18:21, 19:5, 20:14, 23:7, 23:14, 23:15, 24:13, 30:7, 32:11, 34:15, 39:4, 40:12, 42:21 putting [5] - 8:8, 24:6, 24:19, 38:7, 43:2 4:20, 7:23, 8:12, 10:1, 11:15, 17:5, 18:18, 20:23, 22:10, 25:25, 28:24, 29:6, 32:22, 33:5, 33:7, 34:2, 35:2, 35:16, 36:17, 38:9, 38:21, 39:11, 40:22, 41:8 rear [4] - 3:6, 29:4, 29:16, 30:9 reason [4] - 7:2, 7:20, 18:23, 28:23 rebuild [1] - 30:7 redo [2] - 8:6, 8:9 REEVES [21] - 1:18, 13:1, 13:5, 13:8, 21:1, 21:22, 22:2, 22:20, 23:9, 23:20, 24:8, 24:10, 24:16, 24:21, 24:24, 28:7, 30:10, 31:5, 31:7, 31:14, 35:6 regulate [1] - 29:21 regulation [2] - 23:2, 28:10 rely [1] - 13:5 remember [5] - 4:19, 11:21, 17:8, 19:2, 34:23 remodel [1] - 12:3 remotely [1] - 16:9 REPORTER [1] - 45:1 Reporter [2] - 45:8, 45:17 request [2] - 28:20, 40:14 requested [1] - 19:4 requests [1] - 25:17 required [3] - 3:4, 3:6, 3:10 requirement [1] - 21:4 requirements [2] - 21:6, 21:15 research [2] - 28:9, 31:17 Residential [1] - 2:11 response [3] - 5:13, 10:6, 10:13 revisited [1] - 19:11 rewritten [2] - 28:8, 31:4 right-of-way [10] - 3:21, 4:22, 16:16, 18:12, 22:14, 24:7, 24:18, 35:10, 38:1, 39:6 right-of-ways [2] - 21:8, 21:9 Road [17] - 1:9, 2:14, 2:21, 3:14, 3:17, 7:6, 12:6, 12:16, 15:19, 16:9, 17:7, 22:24, 25:23, 26:2, 35:18, 41:19, 41:21 road [7] - 15:24, 20:24, 28:13, 33:9, 34:13, 35:3, 35:9 Road's [1] - 6:6 roadway [1] - 18:8 roadways [1] - 18:25 Roger [1] - 42:13 roof [2] - 37:1, 37:21 RS [1] - 2:10 RS-L [1] - 2:10 rule [4] - 12:8, 20:16, 27:16, 30:24 rules [3] - 12:4, 12:5, 25:5 run [1] - 2:24 rundown [1] - 8:11 running [2] - 7:15, 32:16 runs [2] - 3:1, 3:24 23:8, 23:14, 25:23, 26:2, 34:5, 34:8, 35:2, 35:18, 36:12, 36:14, 36:24, 37:10, 39:5, 39:9, 41:19, 41:20 sense [7] - 9:20, 12:5, 12:18, 16:12, 19:24, 20:14, 40:21 sent [1] - 6:24 set [3] - 15:23, 17:16, 34:4 setback [6] - 15:19, 15:24, 21:14, 29:15, 35:22 setbacks [7] - 17:21, 28:25, 29:13, 29:19, 30:2, 35:2, 40:25 setting [3] - 9:4, 17:2, 17:5 shall [3] - 2:19, 3:5, 3:7 shape [5] - 8:21, 30:19, 38:2, 41:9, 43:11 shaped [4] - 36:17, 36:18, 41:3, 41:5 shorter [5] - 26:7, 27:7, 27:18, 29:10 showed [1] - 10:25 sic [1] - 18:7 side [22] - 2:18, 3:6, 10:23, 12:6, 12:13, 15:23, 16:10, 19:15, 21:5, 21:14, 21:15, 22:8, 22:14, 25:8, 26:11, 27:25, 29:10, 29:18, 30:25, 33:13, 38:8 sides [1] - 7:8 sidewalk [19] - 4:8, 4:21, 4:24, 5:6, 12:22, 16:12, 17:23, 21:11, 21:16, 22:10, 22:18, 22:24, 23:4, 23:7, 23:16, 23:25, 24:14, 24:15, 24:17 sight [3] - 3:17, 3:25, 22:4 significantly [1] - 32:9 similar [2] - 6:14, 36:7 SIMMONS [34] - 1:15, 4:2, 4:6, 8:18, 9:3, 13:10, 14:8, 14:12, 15:4, 15:8, 25:7, 26:6, 30:13, 34:22, 34:25, 35:12, 35:14, 35:25, 36:5, 36:10, 36:13, 36:21, 37:4, 37:8, 37:11, 37:15, 37:18, 37:22, 40:8, 41:1, 41:12, 43:1, 43:9, 43:18 Simultaneous [5] - 14:21, 23:19, 25:6, 36:9, 37:7 situation [5] - 23:1, 23:23, 24:22, 24:24, 25:2 situations [4] - 18:20, 21:13, 23:21, 24:16 size [5] - 20:16, 33:8, 35:23, 39:2, 41:25 skinny [1] - 26:11 slaughtered [1] - 11:18 slightly [1] - 22:21 small [3] - 8:21, 41:15, 43:12 someone [4] - 17:17, 18:20, 34:19, 41:18 somewhere [2] - 20:10, 25:20 sorry [5] - 10:16, 37:4, 37:18, 37:22, 39:17 sort [11] - 6:14, 6:25, 7:12, 7:23, 8:2, 8:11, 9:8, 9:23, 11:25, 13:16, 20:9 sorts [1] - 7:11 south [1] - 16:22 southern [3] - 2:20, 2:25, 3:12 southwest [1] - 37:1 space [3] - 8:23, 41:14, 42:3 spacious [2] - 33:2, 41:21 speaking [5] - 14:21, 23:19, 25:6, 36:9, 37:7 square [1] - 36:15 squirrely [1] - 10:3 squirrely-looking [1] - 10:3 staff [5] - 2:5, 5:12, 14:3, 24:5, 38:19 stake [1] - 40:2 start [1] - 39:13 starts [1] - 39:12 STATE [1] - 45:3 statement [1] - 5:19 statements [1] - 11:2 station [1] - 16:15 sticks [1] - 12:19 sticky [1] - 18:19 still [6] - 16:16, 17:25, 22:13, 32:15, 32:17, 33:21 stood [1] - 12:9 S safe [1] - 7:14 safety [1] - 8:2 saw [1] - 13:14 school [2] - 17:9, 34:14 scraped [2] - 41:17, 41:18 search [1] - 25:22 second [2] - 43:15, 43:16 Section [2] - 3:3, 32:24 security [2] - 32:15, 34:17 see [18] - 3:14, 3:20, 7:6, 7:7, 7:8, 7:16, 7:17, 7:25, 8:11, 9:16, 14:9, 15:5, 28:16, 38:3, 38:9, 40:9, 40:20, 41:6 seeing [2] - 12:21, 12:22 Selva [19] - 2:9, 2:13, 3:16, 5:22, 6:1, 6:2, 6:3, 6:4, 12:1, 12:11, 15:25, 20:21, 22:11, 22:22, 23:1, 26:3, 27:10, 37:14, 41:22 Seminole [33] - 1:9, 2:13, 2:21, 3:14, 3:17, 6:5, 7:6, 12:6, 12:15, 15:19, 15:25, 16:9, 17:6, 18:22, 20:20, 22:12, 22:24, Q questions [4] - 4:1, 5:12, 8:16, 10:5 quite [4] - 14:17, 25:14, 33:18, 40:4 quote [2] - 15:20, 38:8 quote-unquote [1] - 15:20 R ranch [1] - 37:20 ratty [1] - 13:18 read [1] - 4:3 real [3] - 34:25, 37:17, 39:11 really [27] - 4:13, 4:17, Diane M. Tropia , Inc., Post Office Box 2375, Jacksonville , FL 32203 (904) 821-0300 17 of 18 sheets Page 5 to 5 of 6 02/11/2018 02:11:39 PM City of Atlantic Beach Excerpt of Proceedings - Item No. ZVAR17-0010 Community Development Board November 21, 2017 6 strange [1] - 30:15 STRATTON [13] - 1:14, 19:1, 21:23, 25:1, 31:24, 32:3, 32:6, 33:7, 41:8, 41:24, 42:10, 42:23, 43:23 street [12] - 2:18, 9:25, 10:22, 12:14, 12:20, 12:22, 21:5, 21:16, 21:18, 27:2, 28:21, 38:11 Street [3] - 19:3, 19:16, 20:19 streets [4] - 2:16, 8:19, 17:7, 32:22 strictly [1] - 41:11 strikes [1] - 33:24 structure [2] - 29:1, 29:2 stuck [2] - 20:22, 42:24 style [1] - 6:16 submitted [2] - 6:18, 26:24 support [1] - 38:19 survey [3] - 4:14, 13:1, 13:9 SYLVIA [1] - 1:15 Sylvia [2] - 35:20, 36:19 sympathize [4] - 16:25, 20:12, 33:25, 38:25 40:1, 43:8, 43:15, 43:17, 43:20, 44:1, 44:4 theoretically [1] - 23:23 thick [1] - 7:22 thoroughfares [1] - 32:8 three [4] - 3:20, 25:16, 38:5, 42:24 through-lots [1] - 28:16 throwing [1] - 34:18 title [3] - 25:20, 25:21, 25:22 today [4] - 23:21, 24:4, 26:21, 41:17 tonight [3] - 11:12, 25:17, 44:2 tore [1] - 30:6 towards [2] - 12:20, 33:19 traffic [2] - 7:24, 14:4 train [1] - 16:14 transcribe [1] - 45:9 trash [1] - 34:18 trees [2] - 9:7, 9:11 tremendous [1] - 20:13 triangle [9] - 13:17, 13:21, 14:6, 14:13, 14:25, 15:2, 15:6, 16:4 tried [1] - 8:10 Tropia [2] - 45:7, 45:17 trouble [1] - 17:16 try [2] - 33:25, 34:1 trying [8] - 6:25, 7:1, 7:4, 7:8, 7:12, 8:5, 9:24, 40:18 Tuesday [1] - 1:7 tunneling [4] - 31:25, 32:20, 32:23, 35:17 turn [2] - 2:4, 3:1 two [9] - 2:16, 10:22, 10:23, 22:16, 23:10, 26:7, 35:14, 35:15, 36:23 unless [4] - 22:3, 30:22, 31:2, 43:2 unquote [1] - 15:20 unusually [2] - 5:24, 36:17 up [28] - 6:7, 7:24, 8:3, 8:8, 9:23, 10:10, 12:13, 12:25, 14:1, 15:15, 17:6, 17:14, 18:1, 19:5, 22:2, 23:8, 24:6, 24:13, 29:16, 33:3, 34:15, 36:3, 36:23, 38:3, 41:22, 42:17, 43:6 update [1] - 8:13 usable [1] - 42:2 wood [1] - 2:24 works [2] - 24:4, 29:20 worry [1] - 39:8 written [2] - 31:3, 40:20 Y yard [42] - 2:9, 3:9, 3:11, 6:6, 8:23, 12:15, 15:21, 15:23, 17:1, 17:10, 19:12, 19:14, 19:15, 20:3, 20:6, 21:4, 21:5, 21:14, 21:15, 22:9, 22:14, 22:22, 23:2, 23:13, 25:8, 25:23, 27:8, 27:19, 29:4, 29:13, 30:9, 30:24, 30:25, 33:22, 34:19, 38:8, 39:9, 41:19, 41:24, 42:3, 42:7, 43:13 yard/front [1] - 25:8 yard/side [1] - 19:12 yards [2] - 3:4, 3:6 years [1] - 26:4 yellow [1] - 13:3 young [2] - 7:3, 8:1 V vacant [2] - 36:24, 36:25 VALERIE [1] - 1:19 Variance [1] - 43:10 variance [13] - 2:8, 3:3, 6:10, 10:12, 16:19, 20:23, 22:1, 24:11, 30:21, 32:11, 36:1, 38:17, 40:14 variances [2] - 25:13, 38:23 variety [4] - 6:23, 18:14, 19:17, 25:13 verbiage [1] - 38:20 version [1] - 31:7 viburnum [1] - 4:18 videotaped [2] - 1:6, 45:9 visual [2] - 9:22, 14:5 vote [5] - 31:21, 43:4, 43:5, 43:6, 43:25 Z zoning [1] - 2:11 ZVAR17-0009 [1] - 44:7 ZVAR17-0010 [1] - 2:4 T Tad [3] - 38:13, 38:14, 38:15 tall [4] - 9:18, 22:25, 33:12, 33:14 tear [3] - 17:12, 17:14, 30:11 technically [2] - 23:13, 29:4 ten [3] - 9:11, 9:16, 9:18 terms [1] - 7:11 THE [42] - 2:3, 5:11, 5:14, 5:17, 6:21, 6:23, 8:15, 10:4, 10:7, 10:9, 10:14, 10:18, 11:5, 11:7, 14:17, 14:22, 15:13, 15:15, 16:13, 17:12, 18:13, 19:17, 19:20, 22:6, 22:17, 23:18, 25:3, 25:9, 26:8, 27:21, 28:4, 34:12, 39:17, 39:22, 39:24, W wait [2] - 13:15, 31:23 walking [2] - 4:13, 7:25 wants [3] - 16:24, 18:20, 23:14 ways [2] - 21:8, 21:9 wedged [1] - 42:17 weird [2] - 9:19, 40:22 whole [7] - 7:1, 8:6, 8:8, 18:22, 28:23, 36:3 wide [4] - 21:8, 35:2, 35:9, 38:9 willing [1] - 31:22 wish [1] - 38:2 wonderful [2] - 11:23, 11:24 U ugly [1] - 23:20 unbeknownst [1] - 6:5 undeveloped [2] - 26:18, 26:23 unfortunate [2] - 11:15, 25:25 unfortunately [2] - 25:4, 35:23 Diane M. Tropia , Inc., Post Office Box 2375, Jacksonville , FL 32203 (904) 821-0300 02/11/2018 02:11:39 PM Page 6 to 6 of 6 18 of 18 sheets