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Exh 8AAGENDA ITEM 8A JULY 14, 2003 ,CITY OF ATLANTIC. BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request fora Use-by-Exception to allow automotive repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.) for property within the Commercial General (CG) Zoning District located at 880 Mayport Road SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~~ DATE: June 25, 2003 BACKGROUND: This Use-by-Exception is requested to allow for the continuation of an automotive repair business. at Neptune Auto Sales located on Mayport Road. A Use-by- Exception was approved to this applicant only for the operation of a used caz sales business on September 14, 1987. That Use-by-Exception, however, did not include any provision for automotive repair, although the applicant states that auto repair was discussed during the course of the meeting, and that it was assumed auto repair would be a part of the business. (Unfortunately, one page of the minutes from that 1987 Commission meeting has been lost, and only a record of the motion exists.) The repair business has appazently evolved and grown over the yeazs since 1987. The Applicant wishes to expand the terms of the Use-by-Exception to allow for continuation of automotive repair services. Staff recognizes that this business has been ongoing for many yeazs; however, there is no record of any approval or business licenses issued to this applicant, which would have authorized automotive repair services to be performed. (Licenses were, however, issued to two other individuals, who leased space to perform auto repair at this location between 1992 and 1996.) The Community Development Board heard this request at the ..June .17th meeting, and recommended approval of a temporary Use-by-Exception, which would allow this applicant to continue automotive repair services until his current lease on the property expires on December 07, 2004. The Community Development Boazd also included a condition that the applicant clean-up the site. RECOMMENDATION:. Approve a temporary Use-by-Exception consistent with the recommendation. of the Community .Development Board, allowing for continuation of automotive repair services until December 07, 2004 and requiring that the site be cleaned- up. BUDGET: No budget issues. ATTACHMENTS: Minutes and staff report to Community Development Boazd and supporting materials. REVIEWED BY CITY MANAG R: July 14, 2003 regulaz meeting AGENDA ITEM 8A JITLY 14,.2003 Draft Minutes ofJune 17, 1003 Regular Meeting of Community Development Board Page 3 5. New Business a. UBE-2003-O1. William Dukes. Request for aUse-bv-Exception to allow automotive repair and service in associafion with an eaistine used car lot fNevtune Auto Sales Inc 1 for orooerty within the Commercial General fCG) Zonine District and located at 880 Mavoort Road. Mr. William Dukes introduced himself as the President and Owner of Neptune Auto Sales. He stated that he received a letter from the Code Enforcement Officer advising him that he was in violation of the Code and the original Use-by-Exception for repairing vehicles. Mr. Dukes advised that he went before the Community Development Boazd on August 14, 1987, to apply for aUse-by-Exception. He further advised that after the request for an exception was submitted, he realized that he was going to perform repairs. Mr. Dukes said his attomey, Joe Glickstein, contacted the City of Atlantic Beach attorney who advised not to re-submit the application but to mention it at the meeting. He stated that he did this, and the request was approved seventeen years .ago. Mr. Dukes advised that he never received a copy of the Community Development Minutes and a page from the City Commission Minutes was missing. He further stated that he was applying for something that he thought he has been doing legally for almost seventeen years. Mr. Wolfson clarified that Mr. Dukes was asking for aUse-by-Exception to continue the work that he has been performing for the last seventeen years. Mr. Dukes advised that he has been operating with a license for auto sales under Neptune Auto Sales. He said that he has repaired vehicles for people who work for City Hall, city police and Fleet Landing.. He stated that it was not a secret that he was repairing vehicles, even his sign says automotive repair. Ms. Doen• advised that City staff had reseazched City files related to this property.. She stated that Mr. Dukes was correct, that there was a page missing from the City Commission Minutes.. She further stated that she has the Minutes of the Community Development Boazd of August 18, 1987, and the application was limited to a used car lot only. Ms. Doerr stated that there was no discussion in the Community Development Bord Minutes of automotive repair, and there was a recommendation for approval for the used caz lot at this location. She .further stated that the motion from the Minutes of the City Commission approved aUse-by-Exception only for a used car lot, which was granted to Mr. Dukes only, and not the property. Ms. Doerr said that she could not find any records with regazd to automotive repair in the permits file. She did find, however, that business licenses for automotive repair were issued between the years of 1992 and 1996 to two individuals who leased space from Mr. Dukes. Mr. Dukes stated he was sick during these times and these people took care of his customers. Ms. Doerr advised that Mr. Dukes has never had a license for auto repair, and the business licenses that were issued to him were for caz sales only. Mr. Wolfson advised that there was no discussion of repair of vehicles in the Minutes of the Community Development Board meeting. He stated that if there were going to be additional uses with aUse-by-Exception, there are usually listed in the minutes. In addition, Mr. Wolfson noted that page 8 of the City Commission Minutes was missing which wntained the discussion; page 9 contained the motion made, seconded and approved to grant the Use-by-Exception for a used car lot at 880 Mayport Road, that the Use-by-Exception be granted to Mr. William H. Dukes and not the property. Mr. Wolfson clarified with Mr. Dukes that, to his recollection, the AGENDA ITEM 8A JiJLY 14, 2003 Drajt Minutes of June l7, 1003 Regular Meeting ofCommuniry Development Board Page 4 discussion of automotive repairs occurred in page 8 of the minutes. Mr. Dukes stated that this was correct. Mr. Wolfson asked Mr. Dukes what percentage of his business were automotive repairs? Mr. Dukes responded fifty percent. Ms. Doerr stated that this was a difficult issue, since this azea of Mayport Road has long been dominated by various automotive uses. At the same time, she stated that she felt that Mayport Road was changing, and this type of use did not seem to reflect the direction that the Community Development Boazd, the City Commission and others have expressed for where they would like to see Mayport Road go in the future. She stated that every inch of this property was impervious, so there was no real practical way to "pretty up" this property. However, Ms. Doerr stated that this was Mr. Dukes' living, the City has allowed him to operate for a number of years without taking any action, and the City had erroneously issued licenses to repair automobiles in the past. Mr. Wolfson asked how long a business license was effective. Mrs. Doerr responded that they aze required to be renewed each year. She stated that the procedure currently in place requires that every application for a business license to go through her department for verification of proper zoning. She stated that she could not address how efficiently this was accomplished in 1992. Mr. Burkhart asked why Mr. Dukes required his lessees to obtain business licenses. when he had never acquired a license for repairs. Mr. Dukes responded that this was for insurance purposes. Mr. Wolfson asked Mr. Dukes why he had never applied for a business license to repair vehicles. Mr. Dukes stated that he worked under the license of Neptune Auto Sales. Mr. Frohwein asked Mr. Dukes if he owned this property. Mr. Dukes responded that he• leased the property. Mr. Jenkins referred to staffs comments:. "Automotive repair, particularly that which is occurring outdoors. within view of Mayport Road, would appeaz to be in conflict with ongoing efforts to improve Mayport Road as well as inconsistent with the Commercial Corridor Standazds (Section 24-171), which were adopted in January of this yeaz." Mr. Jenkins asked if this was relevant to this discussion and was it required by the Code that the Community Development Board consider these efforts. Ms. Doerr asked Mr. Jenkins if he was asking whether or not there was express language in Chapter 24, other than the Corridor Standards, describing plans for. Mayport Road and what the Community Development Board's responsibility to enforce those plans were. Ms. Doerr responded that Mayport Road was specifically addressed only within the new Corridor Standazds of Chapter 24. She stated that there has been policy expressed by the City Commission related to the future and redevelopment of Mayport Road through their strategic planning process. This issue is a Commission priority. Mr. Jenkins asked if they were supposed to make decisions based on the Commission's intent for Mayport Road. Mr. Jacobson refereed to Sec. 24-63 (d), which outlines criteria when reviewing an application for aUse-by-Exception. Mr. Jacobson pointed sub-paragraph (3), "The potential for any adverse impacts to adjoining properties and properties generally in the azea resulting from excessive noise, glare and lighting, odor, traffic and similaz chazacteristics of the Use-by- Exception being requested. Mr: Wolfson referred to Chapter 14, Sec. 14-20, Powers and Duties of Community Development Boazd: The Community Development Boazd shall have the power, duty, responsibility and authority to: AGENDA ITEM 8A JULY 14, 2003 Draft Mimutes of June 17,:1003 Regular Meeting ofCommuntty Development Board Page 5 1. Make recommendations to City Commission for the physical, fiscal and aesthetic development of the city; 2. exercise supervisory control over planning and land use within the city following the standazds established by the City Commission pertaining to such planning and/or use regulation as contained in the ordinance for the City of Atlantic Beach, Florida; 3. and recommend to the City Commission proposed changes in land use regulation. Mr. Jenkins asked Mr. Wolfson if it was his opinion that the answer to whether the board should consider the Commission's intent was yes. Mr. Wolfson responded. yes, that Chapter 14 sets forth the establishment of the Boazd and Chapter 24 is the ordinance for the zoning. Mr. Jenkins stated that he was not sure if the statement ".._inconsistent with Commercial Corridor Standards..." was relevant to this case. Ms. Doerr stated that this property was inconsistent with the requirements of the new standazds. However, she said that there was no requirement in those standards that property should be retrofitted; they are grandfathered, until they make some change that is subject to the regulations. She stated that when she was reviewing the application, she was hoping there was some way to mitigate the appeazance by buffering the landscaping. Mr. Jenkins stated that he was trying to determine if the intent of Sec. 24-71 was for new developments or new uses and, if so, that it was not applicable as a factor in this situation. If it was applicable, he stated that there was a pretty cleaz inconsistency. Discussion was held with regazd to the clutter and undesirable appeazance of the property. Mr. Dukes agreed that the appeazance of the business was undesirable. He said that he was trying to make it more desirable, but he could not teaz down the building and build a new one. Mr. Frohwein asked the applicant if the Boazd were to grant the Use-by-Exception for a duration of time with contingencies of cleaning up the property with regard to clutter, how long would it take him to move to a different location or to make the location more suitable.: Mr. Frohwein stated that he would like to see some consideration to allow the applicant reasonable time to clean up his business and allow him to relocate his business to a more acceptable location. Mr. Dukes responded that he.would like to finish out his lease, which expires on December 07, 2004. A motion was made by Mr. Frohwein, seconded by Mrs. Walker, to recommend to the City Commission that this Use-by-Exception for automotive repair be granted until December 07, 2004, to this applicant only, and as a condition of granting this Use-by Exception, that the applicant clean up the site. Mr. Wolfson asked Mr. Frohwein for clarification of "clean up the site." Mr. Frohwein responded that he trusted the applicant. Mr. Burkhart asked if Mr. Frohwein was asking the applicant to comply with staff's request that repair work be performed indoors. Mr. Frohwein responded no. Mr. Jenkins stated that he felt that it was unreasonable to ask a tenant to make substantial improvements to a property if he was only going to be there for 18 months. Mr. Dukes asked if he could repair vehicles that he sells. Mr. Wolfson responded that he would prefer that repairs be made at another location. Mr. Jacobson stated that he would. like to see a reduction in the amount of vehiculaz congestion at the site. The vote was called and the motion passed by unanimous approval AGENDA ITEM 8A JULY 14, 2003 AGENDA ITEM S.a ~j~~' ~'°~°y COMMUNITY DEVELOPMENT STAFF REPORT June 17, 2003 Public Hearing UBE-2003-O1, William H. Dukes To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: June 1Q 2003 Subject: UBE-2003-O1 ~ Applicant: William H. Dukes Neptune Auto Sales 880 Mayport Road , Atlantic Beach, Florida 32233 Reqaested Change: Request for aUse-by-Exception to allow heavy automotive repair and service in association with an existing used caz lot (Neptune Auto Sales, Inc.) for property within the Commercial General (CG) Zoning District. Location: 880 Mayport Road Existing Zoning: CG (Commercial General) Fnture Land Use: CG (Commercial General) Surrounding Zoning: CG, CL and CPO Surrounding Land Use: Various commercial and some residential. AGENDA ITEM 8A JiJLY 14,2003 STAFF COMMENTS This Use-by-Exception is requested to allow for the continuation of anautomotive /truck service and repair business at Neptune Auto Sales located on Mayport Road. AUse-by-Exception was approved to this Applicant for the operation of a used caz sales business in September of 1987. That Use-by-Exception, however, did not include any provision for automotive repair. The repair business has appazently evolved and grown over the years since 1987. (The limitations of the previously approved Use-by-Exception were discovered during increased Code Enforcement efforts related to Mayport Road improvement objectives, which have been ongoing overthe past yeaz.) The Applicant wishes to expand the terms. of the Use-by-Exception to allow for continuation of heavy automotive repair services. Repair work is currently occurring outdoor under a metal awning structure. This, and similar applications, present the Community Development Boazd and the City Commission with difficult decisions. This azea of Mayport Road has historically contained a variety of automotive related businesses. Many of these businesses aze older facilities, but well-established businesses that serve the needs of the surrounding communities. Further, most of these properties contain no pervious area whatsoever, and business activities fully extend to the edge of the right-of--way and lot lines, so there is limited opportunity to buffer and landscape or create an enhanced aesthefic appearance. Staff recognizes that this business has been ongoing for many years; however, there have been no approvals or business licenses issued to this applicant, which would have authorized automotive repair services to be performed. (Licenses were, however, issued to two other individuals, who appazently leased space to perform auto repair at this location between 1992 and 1996.) Automotive repair, particularly that which is occurring outdoors within i~few of Mayport Road, would appeaz to be in conflict with ongoing efforts to improve Mayport Road as well as inconsistent with the Commercial Corridor Standards (Section 24-171), which were adopted in January of this yeaz. hrthe event that he Community Development Boazd considers a recommendafion of approval related to this application, Staff recommends a condition requiring that all business activities occur within an enclosed building, and that all bay doors remain closed during business hours. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the request for aUse-by-Exception to allow automotive regair and service in association with an ezisting used car lot (Neptune Auto Sales, Inc.) for property within the Commercial General (CG) Zoning District, and located at 880 Mayport Road, provided: (Provide findings of fact similar to the following.) Approval of this Use-by-Exception is not incompliance with the requirements of Section 24-63, Zoning and Subdivision Regulations, and the requested use is of a more intense nature than permitted by Section 24-111. AGENDA ITEM 8A JULY 14, 2003 2. The request is contrary to public interest and may be detrimental to the health, safety and welfaze of general public. 3. The proposed use is in conflict with the Section 24-171 of the Land Development Regulations, which establishes Commercial Corridor Standazds. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the request for aUse-by-Exception to allow automotive repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.) for property within the Commercial General (CG) Zoning District, and located at 880 Mayport Road, subject to: • Atl equipment, materials, and business activities shall be maintained within an enclosed building, and work bay doors shall remain closed during business hours. (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations, and is also consistent with. Section 24-111 defining the Commercial General Zoning District. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfaze of general public.. , 3. The proposed use is generally compatible with adjacent properties and other properties within the surrounding area 4.. ,The proposed use is consistent with the City's Comprehensive Plan and is consistent with the Commercial General Future. Land Use designation. H:IPLAAOYAIGIUSE-BY-E7CCEPRON F[[.ES\UBE-2003-01 (DukaNShBRepwtlbc AGENDA 1TEM 8A JLiLY 14, 2003 Map Output Page 1 of 1 ~w~~ls rroperty mronnanon D ~ -~~ si ~ - d3 ~ s5 1747651 ad aa41 ""~.'~ ~_~ 3i !2 -``~.~ ' . •T ~, -~'„. dd0 _~ ~/ Copyrghi{C120a2Cayof,bahaonvillq,FI7S~! ~~~ ., / z ti~ Td •~ ~~,,~~ di d3 I 75 T!3 7~~~ Ei • ddnaa o~ a9°I Daaodptlona - ~ andUsa onlnp T Va/w ook. ne/ ~ ~ 18-034 98-2S-28E 170785 ELOW YPORT RD 241 22 9 SBA3 TLANTIC BEACH SEC H O ILY A - . OTS 1,2 33 ~ EX BLOCK 39 http://maps.coj.net/website/DuvalMaps/toolbar.asp , a C'] z ~> .C .~ A [+7 N 6/11/2003 w y AGENDA ITEM 8A _.,~_ ~,- APPLICATION FOR AUSE-BY-EXCB~~a~ , City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 5 P V Phone: (904) 247-5800 • FAX (904) 247-5805 http://www/ciatlantic-beach.fl.us 1 Date ~g ~ Z' 0 ~ File No. ~,i//3E 2003'0 I Receipt - "" 1. AppUcanfaName William M Dukes 2.:Appllcant'sAddress 12538 Long Lake Ct Jacksonvi i'1 F1 _ 3 3. PropertyLocaUon 880 Maynort Road Atlantic. Beach F1- 32233 4. Property Appraiser's Real Estate Number 17 0 7 6 U=0 0 A - 3 B-ock No.? A / 3 9 Lot No. ~ ~ 1 ~ ? 5.. Current Zoning Classification r G 6. Comprehensive Plan Future Land Use designation 7. ,Requested Use-by-Ezcepdon n..+mm~r;.,a GeT~a.RS Fes Psivats eleFneU Uehi-clan 8. Size of Parcel 1 50 x 1 0 5 9. Utility Provider .I F o 10. Statement o[ facts. and special reasons for requested Use-by-Exception, which demonstrates. comp-iance with Section .24-63 of the City ofAUanti6 Beach Code of Ordinances, Zoning sad Subdivision, Regulations. Attach as Ezhibit A. (The attached guide may be used i[ desire. Please address each item, as appropriate to this request.) 11. Provide all of the following information: a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any erisUng structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) foF applicant to represent the owner for all purposes related to this application must be provided. a S ey a legal description of property sought to ezoned. (Attach as Exhibit B.) d. equired umber of copies: Four (4), ez here 'ginal plans, photographs or documentt.larger Ulan 11z17 in es are submitted. Please provi eight (8) co ies of any such original documents. a Appl' ion Fee (5250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APP: Signature of owner(s) or authorized person it owner's authorization form is attached: Printed or typed name(s): '_' Signature(s): ~r7 ~~s MAY ~ 2 2003 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Hanle: William H ni~4eq Mailing Address: '880 Mavoort Road Atlantic Beach F1 32233 Phone: 241-5427 FAX241-5427 E-mail: JULY 14, EXHIBIT A The review of an application for aUse-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particulaz reference to vehiculaz and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. M~~os# o^ad and 6dest: 9t;h Street 2. Pazking and Loading Spaces, where required, with particulaz attention to the items in (1) above. Parking Spaces For 50 Vehicles 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similaz characteristics of the Use-by-Exception being requested. _ 4. Refuse, trash collection and service areas, with particulaz reference to items (1) and (2) above; 5. Utilities, with reference to locations, availability and compatibility;. ti. If adjacent uses arc diffezent types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) Same Sign As Now. Na Changes Needed 8. Required Yazds and other Open Space. Show building setbacks and areas of open space on siteplan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. (:nm~atihla Other information you may wish to provide: EXHIBIT <B) 1 na'VP al Ways had a mec hL'.!`!+' :?f? GU'r`. )/ ~:1 Y'i7V i(;i li'i [ `.t_.-_.~,:).'.t lt•+3 '(~;iY 'ttlE pLll7l:t. c't5 Wr;.~. a:3 7'P~:]c'11rS G(? aLl'Gt:.:li1~~q:LleS fGY sale. TFIt 't~l.ty i~f fitlant i~: Reach ha•s issLipd '!.ir_e!;c es .for aut~~motive repair sr,cps separate frc~rn Neptune Auto Sales Tnc. yhree times singe 1'~E37 at this lc~~:ation. T gave ueen ~~rovidiny sales and. service at this lr.:c<.=,t:ir~n for. me-re than 15 years.. and wish t~ con'tinue doing t3usiness a usual. AGENDA ITEM 8A JiTLY 14, 2003 AGENDA ITEM 8A JULY 14, 2003 CITY OFATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX (904) 247-5805 SUNCOM:852-5800 http://ci.atlantic-beach.fLtu . March 4, 2003 Mr. William H. Dukes, Jr ~//~ C/O Neptune Auto Sales, Inc ` /~0~ 880 Mayport Rd (~ Atlantic Beach, FL 32233 Subject: Licensing'and Zoning Ordinances Ref: Chapter 20, Sec 20-52 Occupational license Chapter 24, Sec 24-111(c) Commercial General Districts Dear Mr. Dukes, This is to inform. you that the City of Atlantic Beach has received a complaint concerning your business at 880 Mayport. Rd and that an investigation has been initiated by the Code Enforcement Office. tt has been reported that you are permitting or are conducting an automotive repair business independent from your used car sales/rental business. Your licensing with the City of Atlantic Beach permits used vehicle sales/rentals only and not the repair of privately owned vehicles. Any automotive repair business that is independent from your business would have to receive aUse-ey-Exception artd be licensed through the City of Atlantic Beach. Should our investigation reveal that violations of City. Code exist, the property owner,. you, ar any person operating an automotive repair business pn be held responsible. Furthermore you are reminded that violations of City Code can result in fines of up to 5500.00. per day, per violation from the Cod@ Enforcement Board _ ff you have questions concerning this not cation, I can be contacted at (904) 247-5855. For information regarding Occupational Licensing 7equirements please contact the City Clerks Office at (904) 247-5809/5821/5810), and for information pertaining to Use-By-Exception, please contact our Zoning Department at (904) 247-5817. ALEXANDER J.SHERRER Code Enforcement Officer C: Public Safety Director City Clerk . Zoning Department Ms. Emily A. Helow -Property Owner ~~~~ AGL~1'iDAd3'~EM~SA ,}ULY 14, 2003. , ,. APPLICATION FOR "USE BY £xCEPTION" 7-31-87 Dat• FSled~_________________ Name and Addreea of Ornar or Tenant in.Poeeeeiion of Pramisee~ ---t4ra _~"S1Y Helox ---°------------°-'-^----- ~ ~ ~ Phone _-- 1142 Preston Plata -------------------^---~ --- World---°^--- _-_^Jackaonville, Fla. 32205 904-396-080,1 ___________~____ Homr~_________________________ Street addrtes and legal doaription,oi the premises se to xhlah the~•Uea 6y Exception' to requested - ~ ' BLK 38 Lot i BLR 39 •Lot l~z Sec. H Atlantic Beach A description of the "Use by Exception" desired, xhich shall epeaifioaily •nd particularly describe the type, ohareoter end extent of the proposed •Uee byExceptlon"~ To 6e used Yor buying and selling of Automobiles as a used car lot, Speaiiia•reaeane rhy theappliaant Seelw the~requeet ehould..be~grantedi. Cood locat on for car lot, Fronts on t~yport Rd., With easy entrance & exit, ____11aa_axi.sSln~~ul~~rs~ Adeguate paved parking area for care and~cu~tomers. ____j~gq~tg ggtaide lighting and hbher re7.ated bustross'wi[t benlflt. 2oning Claealiioationt___ CG Commarlaal ~erieral . , &ignature of •ppiiasntJ plieant'^ ^uthorized agent or ^ttorney. It agent or •ttarnsy, include letter iron applicant to that etiaot. S1" gnat • of orner of the property. Application cannot beproceeeed 'xithaup oxner• ripnature. .'.'~^, ^~ ww~rw wwrw~,v.rti_~ww_w,~~w /rr_wtiwN Nw/A ~_AA., ~Iww ~~ilgy-to( ^Q~J'f~~'~ Applicant: Do not fill-in~beyond this point.. Hoverer, bo prepsred to respond to the lolloring iteee~ ~~ ~. AGENDA ITEM 8A . JULY 14, 2003 PAGE NItiE tatnrrwc - SEPTEMBEE 14, 11B continued ffitioa:.Approve the IIse by Ezceptioa for a IIse by Exception for a ~ used ear lot at 880 Mayport Rd. The Bse by Exception be granted to ?ir. Wil]_l.am H. Dukes, and not the property.. No diaeussioa before the vote. Motion carried ~^•~•;+w+••e1y_ t R ~F * •! # * # * ,Y it ! * Ye # * * e * t * it # # # i # * t tY' k ,t 12. Action oa'Resolutions: A. Resolution No. 87-31 Mayor Howell presented is fall, is writing Resolution No. 87-32, 'a Resolution Waking budget traaafer to provide foz fzmds to be expended is relation to land being condemned foz beach access. Motion: Passage-of Resolution No. 87-31. -~ Copy of Resolution Ho. 87-31 attached hereto sad made a part thereof. Following discussion, the question was called and the motion carried ^vith a three to two vote. Commissioners Gu113ford and Morris voted aa~ !~ 4 * * * * 4 * is • # 3e * # ak # * * tt it * * •k ik it * ! * * * # # 13. Action on Ordinances: A. Ordinance Ro. 80-87-35 - Pizst Readia? AN 08DIIIANCE A24'.12IDIRG THE ORDINANCE CODE OF THE CITY 08 w'rr eiarrC BEACI FLORIDA; AE~ffiG CHAPTER 22, ARTICLE ZII; DIVISION 7, SECTION F2-169. CORNECTIOH FEES, TO PROVIDE FQR CHARGES IR HARING CONNECTIONS TO THE SEHEB SYSTEM WBEN TNSreTreTr0~pS IS PEBPORPfl:D EY THE CIST; PROVIDII3G AR RFFECTIVE DATE.. Said Ordinance was presented is fuLL, is writing oa first reading by Mayor. Howell. . Motion: Passage of Ordinance No. 80-87-35 oa £trat reading. Pollowiag disensaion before the vote, the queatioa.was called, and the mo[iea carried unanimously. MayorHowell net the Public Hearing for September 28, 1987. B. Ordinance No. 5-87-29 - First Read „o AN ORDINANCB A1~1®II1G THE ORDINANCE CODE OF THE CITY OF ATLA~IC BEACZ; FLORIDA: AbE1~IIiG CHAPTER 2, ARTICLE VII, FIIiANCE DIVISION 4, SECTION 2-368 TO PROVIDE FEES AND cuevr_cc FO8 POSSCE DEPARTZffi9T RECORDS BEPOBT PBOVIDIHG AH EFFECTIVE DATE. KAbiE OF 1 BFo~s• ~ s v T v N Cook x Edwards z a Gull3ford z 23orris z z Howell Cooke z z Edwards a x Gulliford x Morris x HaweL1 x r Cook z x Edwards z Gulliford z Morris z x Howell z