Exh 8AAGENDA ITEM #8A
JANUARY 1Z, Z004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for clarification of previous action by the City Commissian
related to aUse-by-Exception and permitted uses within the Ashland
Mini-Storage Warehouses located 1089-1095 Atlantic Boulevard
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: December 16, 2003
BACKGROUND: In 1986, the Commission approved a list of permitted uses and specific
businesses that could operate within the Ashland Mini-Storage Warehouses located at 1089-1095
Atlantic Boulevard within the Commercial General Zoning District. Over the past 15 years,
numerous other businesses have been permitted to move in and out of the mini-warehouse
facility, provided these were the same type of business included within the 19861ist.
Approximately 2'/z years ago, City staff granted zoning approval for issuance of an Occupational
License to Clay Bennett Surfboards, Inc., which permitted a surfboard manufacturing business to
locate within Unit #22 of the Ashland facility. In October of 2003, Mr. Bennett applied for a
transfer of Occupational License after relocating his business to another unit (#29) within the
Ashland center. In reviewing the City files related to the uses approved in 1986, the shaping and
manufacture of surfboards was not included in the list of authorized uses and does not appear to
be similar to other uses that were authorized and intended for this facility. The minutes of the
September 08, 1986 meeting (attached) and the motion for action excluded manufacturing,
welding and also a business that manufactured surfboard wax from the list of permitted uses.
The current zoning regulations prohibit any type of business from being conducted within mini-
warehouses, since these generally are not constructed to meet building code standards or to
comply with other regulations for such use. While Staff considered the business as a
Nonconforming Use in its previous location, Section 24-85 (d) (2) prohibits the relocation of
Nonconforming Uses. (The production of surfboards may be approved as aUse-by-Exception
within the CG district, where conditions aze appropriate.) Staff recognizes that the Ashland
faciliTy is somewhat unique as compared to other commercial areas, and further that Mr. Bennett
has substantial personal investment in this location, but the manufacture of surfboards would
seem to be more consistent with the Light Industrial and Warehousing District. The business has
recently been inspected by the Building Department and Fire Services, and numerous violations
exist. Mr. Bennett is advised, that if the business is permitted to remain in this location, all
violations must be immediately corrected.
RECOMMENDATION: Staff requests clarification as to whether: 1) the manufacture of
surfboards is similar to the uses approved in 1986, and therefore should be considered a
permitted use; 2) the use is not. a permitted use at this location, or 3) approval of a new Use-by-
Exception is required in order for the business to remain in Unit # 29 of Ashland Center.
BUDGET: No budget issues.
ATTACHMENTS: Section 24-85, minutes from the September 08, 1986 Commission meeting
and related correspondence.
REVIEWED BY CITY MANAGER: _
/ January 12, 2004 regular meeting
AGENDA ITEM #8A
JANUARY 12, 2004
EXHIBIT A -ORDINANCE NUMBER: 90-03-184
limitations as set forth within the Comprehensive Plan, unless otherwise exempted in preceding
paragraph (1) or in accordance with a valid unexpired vesting determination.
(4) After the initial effective date of these Land Development Regulations, no Lot or parcel in any
Zoning District shall be divided to create a Lot with area or width below the requirements of this
Chapter and the Comprehensive Plan.
(c) Nonconforming Structures.
(1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or
enlargement complies with other provisions of this Chapter, including Yard Requirements, or
unless a Variance has been obtained from the Community Development Board, in accordance
with the requirements of Section 24-64 of this Chapter.
(2) In the event that more than fifty (50) percent of the value of a Nonconforming Structure is
destroyed or damaged by any means, the Structure shall not be reconstructed except in
compliance. with the provisions of this Chapter, or alternatively, in compliance with the terms of a
Variance granted by the Community Development Boazd in accordance with the requirements of
Section 24-64 of this Chapter. In determining the value of a Nonconforming Structure, either the
Assessed Value or the Appraised Value may be considered, subject to approval of the Building
Official
(3) Any Nonconforming Structure, or portion thereof, that is declared unsafe may be restored to a
safe condition. Building Permits shall be required.
(4) A Nonconforming Structure may be maintained, and repairs and alterations may be made, except
that no Structural Alterations shall be made except those as required by law. Repairs, such as
plumbing or changing of partitions or other non-structural Alterations, are permitted. Building
Permits shall be required.
(5) No additional Structure not conforming to the requirements of this Chapter shall be constructed in
connection with the Nonconforming Use of Land.
(6) Any existing Nonconforming Structure that is encroaching into public Right-of--way shall not be
rebuilt, enlarged, or structurally altered unless such encroachment is removed.
(d) Nonconforming Uses.
(1) Continuation of Nonconforming Uses. Uses of Land which were lawfully created at the time
such Uses were established, but which would not be permitted by the restrictions imposed by
these Land Development Regulations or by restrictions imposed by the Comprehensive Plan, may
be continued so long as they remain otherwise lawful and in compliance with the provisions of
this Section.
~~• (2) Relocation or expansion of Nonconforming Uses. A Nonconforming Use shall not be moved in
whole or in part to any other portion of the Lot or parcel on which such Nonconforming Use is
located, nor shall a Nonconforming Use be expanded or enlarged.
Ordinance Number: 90-03-184
Initial Effective Date: January O1, 2002
with amendments through December 08, 2003
42
AGENDA 1TED'1 #8A
JANUARY 12, 2004
12-3-03
Clay Bennett
Clay Bennett Surfbaards,Inc.
1089 Atlantic Blvd.
Atlantic Beach, FL. 32233
City of Atlantic Beach
Community Development Board
800 Seminole Road
Atlantic Beach, Florida 32233
Re: Appealing the denial to approve re-location From unit #22 to #29
Dear Community Development Director:
I am requesting that you please reconsider our application
to renew our business license for our new unit, within the same
facility as our original location. The following information
may help.
1. First of all, I called the business license official at Atlantic
Beach when we considered moving to #29. I was told to just go
ahead and move and renew the .license when it was due. I de:Ein-
itely was not informed that I would lose the "grandfathered"
grace that L had in unit #22.
2. I was doing exactly the same work in unit #22 -- in which, the
smaller size in #22 made it less safe and less environmentally
controlled, than now in unit #29.
3. I have invested everything I own (plus the money and time of
friends and investors) in building-out and constructing safety
and environmental controls to make unit #29 the safest surf-
board shop in Jacksonville.
4. I have a wife and 5 young children who .depend on me----
we would lose everything and be devasated if we cannot continue.
5. It is my understanding that the main reason for this zoning
variation on the front strip is due to .the visual impact on
units facing Atlantic Blvd. The way my shop is set up, the
only part of the shop visible from the front is the retail
store anyway. You'd have to see it to appreciate it.
6. Not wishing ill will on others; however there are other
businesses on the exact same strip of units that use fiberglass
and. combustable materials - so maybe other businesses in
the same strip have also requested and been granted an exception.
AGENDA ITEiVI #8A
JANUARY 12, 2004
7. I have already installed a controlled ventilation system
and dust retrevial system and am willing to make any
additional upgrades or changes to be safer or more
compatable.
8. One last note, Ash Properties on site manager knowingly
signed me to a 3 year lease being fully aware of the details
of my business (having already been in unit #22), and failed
to inform me of any zoning variation between #22 and #29,
at 1089 Atlantic Blvd. at Atlantic Beach.
I am a very small business, trying my best to work hard
and do everything I should to comply to all rules and make ends.
meet for my family. Please consider our request for an exception
and gracefully grant our request.
Thank you,
~~L~ // c_._--~-~
o~
Clay D. Bennett
Clay Bennett Surfboards, Inc.
please mail any correspondence
to our home address
Clay D. Bennett
1205 19th street North
Jacksonville Beach, FL 32250
AGENDA ITEM #SA
_ JANUARY 12, 2004
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMWOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5845
http://ci. atlantic-beach.fl. us
November 4, 2003
Clay Bennett
Clay Bennett Surfboards, Inc.
1205 19th Street, North
Jacksonville Beach, Florida 32250
f~~f COPy
Re: Application for Occupational License to re-locate business
Dear Mr. Bennett:
Your application for an Occupational License to relocate your surfboard manufacture
business, along with wholesale and retail sales of related products, has been forwarded to
the Planning and Zoning Department. The mini-warehouse facility located at 1089
Atlantic Boulevard received aUse-by-Exception in 1986 to allow certain uses to operate
or remain in that facility. The manufacture of surfboards, or any activity that involved
the. use of fiberglass or combustibles, however, was not included within that list of
permitted uses.
The City recognizes that your business has, for several years, been located within a unit
of the mini-warehouses at 1089 Atlantic Boulevard, and considers your business to a
nonconforming "grandfathered " use for that specific location. That status, however,
does not apply to other locations within the facility. Accordingly, the City cannot
approve your application for an Occupational License to re-locate your business from
Unit #22 to Unit # 29. I have enclosed a copy of the Use-by-Exception approved in 1986
along with applicable current regulations. You may contact me at 247-5826 with .any.
questions.
Sincerely,
c~ ~/i~_
Sonya B err, AICP
Community Development Director
cc: Don Ford, CBO, Building Official
Alan Jensen, City Attorney
Maureen King, City Clerk
AGENDA ITEM #8A
JANUARY 12, ?004
PAGE THREE
MINUTES
SEPTEMBER 8,198!
S. Action on Exceptions - continued A.
Motion: Approve the application by $rian Feltis for a Use by
-'- Exception to operate a contractor's office in a CG zone,
-~ with no outside storage, on Atlantic Blvd.
No discussion before the vote. Motion carried unanimously.
_ B. Public Hearing on an application by Karl and Jo-Ann Grunewald t~
establish a cabinet shop by exception in a CG zoned area at 92
West Eighth St. -
Mayor. Howell announced the Advisory Planning Board had considered the
application of Karl and Jo-Ann Grunewald, doing business as .K _& J
carpentry to operate an office and showroom for custom cabinets at
92 West Eighth St. and recommended approval of the application. The
Mayor opened the floor for a Public Hearing and invited comments from
the audience. As no one spoke for or against, Mayor Howell declared the
Public Hearing closed.
Motion: Approve the application by Karl and Jo-Ann Grunewald for
a Use by Exception to operate an office and showroom for
custom cabinets at 92 West Eighth St.
No discussion before the vote. Motion carried unanimously.
C. Public Hearing on an application by Ashland Investments for an
exception for businesses at 1089, 1091, and 1095 Atlantic Blvd.
Mayor Howell_ announced the Advisory Planning Board had considered the
application by Mike Ash ,f or a Use by Exception for businesses at 1089,
1091 and 1095 Atlantic. Blvd and recommended approval with the exception
o:f Atlantic Beach Welding and Surf Wax, Inc. The Mayor opened the floor
for a Public Hearing on the application with the exceptions of Atlantic
Beach Welding and Surf Wax, Inc a Mr. Alan Jensen, attorney representii
Ashland Investments advised the Commission he had requested a Use by E~
ception for all the businesses presently located at Ashland Center and
he asked the Commission to consider including the two above mentioned
businesses in the Use by Exception. Mayor Howell told Mr. Jensen the
present Ordinance did not provide for welding and manufacturing, but
they were both grandfathered in. As no one else spoke for or against,
the Mayor declared the Public Hearing closed.
Motion: Approve the application by Mike Ash for a Use by Exception
for businesses at 1089, 1091, and 1095 Atlantic Blvd. with
the exceptions of Atlantic Beach Welding and Surf Wax,Inc.
~.do discussion before the vote. Motion carried unanimously.
NAME OF
~ COMMRS.
M
S V
Y V
N
Cook x x
Edwards x x
Gulliford x
Howell x
Cook xi
Edwards x x
Gulliford x x
Howell x
Cook ~ x
Edwards x x
Gulliford x x
Howell x
AGENDA ITEM #8A
JANUARY 12, 2004
ASHLAND CENTER COMMERCIAL TENANTS
AS OF AUGUST ~~-~ ~n
1. •
2. Servpro of the Beaches - Office & Working far retail carpet cleaning
3. American Marine Decking, Inc. - Decking Contractor
4. Linda's Upholstery - Upholstery Work
5. J & J Auto Upholstery - Upholstery Work
6. Gandy Tool - Tool and assembly
.Atlantic Beach Welding - Welding Repair Service .~
8. Ness and Ness - Painting contractor *no.combustible materials stored
• on the premises.
9. Roy Conner - Carpentry
10. Mandarin Fan Company - Storage of Lighting
11. Eurpac East - Navy Supply Sales
12. M & M Appliance - Retail repair of major appliances
13. The Spoke Shop - Storage
Surf Wax, Inc. - Manufacture of surf. board wax .~ccf!
15. Kratsas Food, Inc. Repair and storage of restaurant equipment
16. Byrnes Company - Woodworking
l7. Custom Auto - Car cosmetics (trim, etc.)
18. John Moon Plumbing - Storage of materials and office
19. Terry Crenshaw - Storage
20. - -
21. Richard Lyons - Storage of classic cars
22. Landscape Design & Services, Inc. - Storage of Lawn Equipment
23. Mitco Water Laboratories - Storage of W/T chemicals & equipment
24. Ben Adams - Small Engine Repair
25. La France - Pet grooming & retail pet supplies
26. Brooks & Limbaugh - Office and Storage.
27. Decorator Furniture Warehouse - Storage
28. Coastal Corvettes, Inc. - Retail sales of auto parts for corvettes
29. Sperry - Electronics sales and service.
30. Sperry - Electronics sales and service