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Exh 8aAGENDA ITEM #8A DECEb1BER 8, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request for aUse-by-Exception to allow an existing cabinet shop to remain in its current location within the Commercial General Zoning District and located at 41 Weft Sixth Street. SUBMITTED BY: Sonya Doerr, AICP ~,~ Community Development Director DATE: November 19, 2003 BACKGROUND: This request seeks approval of aUse-by-Exception to allow a cabinet shop to remain in its current location at 41 West Sixth Street. The applicant has stated that he was unaware aUse-by-Exception was required when he relocated to this property approximately a year-and-a-half ago. Staff advised the applicant that approval of aUse-by-Exception was required before an Occupational License could be issued. This block of West Sixth Street, which is immediately west of Mayport Road, contains a mix of predominantly small warehouse buildings and light industrial and wholesale uses. Most of these businesses are long-existing, but under current regulations would be considered more intense than appropriate for the Commercial General District. Staff cannot find that the existing cabinet shop is incompatible with surrounding uses; however, approval of this Use-by-Exception would not seem to be consistent with long-term goals for the redevelopment of the Mayport Road corridor. The applicant has advised staff that the current location on West Sixth Street may be a temporary location, and that he intends to relocate the business to the expansion of the Rockgarden Enterprises property at 248 Levy Road. AUse-by-Exception for a cabinet shop was approved for that property in August of this year.. The Community Development Board considered this request at their November 18th meeting, and recommended approval subject to: • this Use-by-Exception shall be granted to this applicant only, at this location only, and for a period not to exceed eighteen (18) months. RECOMMENDATION:, Approval of aUse-by-Exception (File Number UBE-2003-06) subject to the above stated conditions, consistent with the findings and recommendation of the Community Development Board. BUDGET: No budget issues. ATTACHMENTS: Minutes and staff report to Commu 'ty Development Board. REVIEWED BY CITY MANAGER: December 08, 2003 regular meeting AGENDA ITEM #8A DECEMBER 8, 2003 Draft Minutes of the November I8, 2003, Community Development Board meeting ~~ q,~T S.a. UBE-2003-06, Jackie R. Bennett. Request for aUse-by-Exception to allow a cabinet shop on property within the Commercial General (CG) Zoning District and Iocated at 41 West Sixth Street. Mr. Jackie Russell Bennett introduced himself and apologized for the delinquency in this matter. He advised that he had attempted to apply for aUse-by-Exception several times, but had the submitted the wrong information. He further advised that he had been in this community for 18 years, had run Beaches Woodcraft •for 15 years, and started his own company about two-and-a-half years ago. Mr. Wolfson asked Mr. Bennett if there was a possibility that he would be relocating his business. Mr. Bennett responded that he plans to move to another location on Levy Road, where aUse-by-Exception has already been approved for a cabinet shop, once that new building is completed. Mr. Wolfson asked Mr. Bennett if the 18-month limitation proposed by staff was acceptable. Mr. Bennett responded that it was acceptable. Mr. Frohwein asked Ms. Doerr if the letter in the agenda packet from her to Mr. Bennett, which is dated. March 06, 2002, was dated correctly. Ms. Doerr responded that it was correct. She stated that this matter came to staff's attention with the transfer of the Occupational License to this location. She further stated that Mr. Bennett moved into this location without realizing that aUse-by-Exception was required. Ms. Doerr explained that this was not an unreasonable assumption for Mr. Bennett to make, since this area contains various other light industrial, warehouse and wholesale businesses, but that it is in fact zoned CG, which requires aUse-by-Exception for cabinet shops. Mr. Bennett cannot obtain an Occupational License without approval of aUse-by-Exception. Mr. Frohwein stated that one-and-a-half years seemed to be an exceptionally long time frame to take to apply for the Use-by-Exception. Mr. Bennett explained that he had filled out the information four times and then got frustrated because he was trying to run his business. Mr. Bennett apologized again stating that he realized it took too a long time and that there was no excuse. A motion to recommend approval to the City Commission of the Use-by-Exception to allow a woodworking and cabinet shop to remain within the Commercial General Zoning District on property located at 41 West Sixth Street was made by Mr. Burkhart, seconded by Ms. Drysdale, and unanimously carried, subject: • This Use-by-Exception shall be granted to this applicant only, for this location only, and for a period not to exceed eighteen (18) months. Chairman Wolfson advised Mr. Bennett that, if approved by the City Commission, this Use- by-Exception was only for this business at this location and it did not move with him to any other location. He further advised Mr. Bennett that if 18 months went by and he was still at this location, he must re-apply for a new Use-by-Exception. Mr. Bennett acknowledged that he understood. AGENDA ITEM #8A DECEMBER 8, 2003 Agenda Item 5.a ~~~L7Y! r ~': t^ _ r ~'Ji3 ~~ COMMUNITY DEVELOPMENT STAFF REPORT November 18, 2003 Public Hearing UBE-2003-06, Jackie Russell Bennett To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: November 10, 2003 Subject: UBE-2003-06 Applicant: Jackie Russell Bennett Bennett's Specialty Woodworking _ 41 West Sixth Street Atlantic Beach, Florida 32233 .Requested Change: Request for aUse-by-Exception to allow an existing cabinet shop to remain in its current location within the Commercial General Zoning District. Location: 41 West Sixth Street Existing Zoning: CG (Commercial General) Future Land Use: CG (Commercial General) Surrounding Zoning: CG Surrounding Land Use: Various warehouse, light industrial, wholesale and commercial uses. AGENDA ITEM #8A DECEMBER 8, 2003 STAFF COMMENTS 'AND RECOMMENDATION This request seeks approval of aUse-by-Exception to allow an existing woodworking and cabinet shop to remain in its current location at 41 West Sixth. Street. The applicant has stated that he was unaware aUse-by-Exception was required when he relocated to this property approximately ayear- and-a-half ago. Staff advised the applicant that approval of aUse-by-Exception was required before an Occupational License could be issued. This block of West Sixth Street, which is immediately west of Mayport Road, contains a mix of predominantly small warehouse buildings and light industrial and wholesale uses. Most of these businesses are long-existing, and under current regulations would be considered more intense than appropriate for the Commercial General District. Staff cannot find that the existing cabinet shop is incompatible with surrounding uses; however, approval of this Use-by-Exception would not seem to be consistent with long-term goals for the redevelopment of the Mayport Road corridor. The applicant has advised staff that the current location on West Sixth Street may be a temporary location, and that he intends to relocate the business to the expansion of the Rockgarden Enterprises property at 248 Levy Road. AUse-by-Exception for a cabinet shop was approved for that property in August of this year. Staff does not object to approval of this Use-by-Exception for. a period not to exceed eighteen (18) months. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Use-by-Exception to allow a woodworking and cabinet shop to remain within the Commercial General Zoning District on property located at 41 West Si.Yth Strect, subject to: • this Use-by-Exception shall be granted to this applicant only and shall remain valid for a period of time not to exceed eighteen (18) months from the date of final action. (Provide findings of fact similar to the following, and attach other conditions as may be 2 4I West Sixth Street AGENDA ITEM #8A DECEMBER 8, 2003 appropriate.) 1. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision Regulations for the City of Atlantic Beach. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area. - ' 4. The proposed use is not in conflict with the City's Comprehensive Plan and is consistent with the Commercial General Future Land Use designation. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Use-by-Exception to allow a woodworking and cabinet shop to remain within the Commercial General Zoning District on property located at 41 West Sixth Street, provided: (Provide findings offact similar to the following.) 1. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24- 63, Zoning and Subdivision Regulations for the City of Atlantic Beach because 2. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because . 3. The proposed use is not compatible with adjacent properties and other properties within the surrounding-area because 4. The proposed use is in conflict with the City's Comprehensive Plan and is not consistent with the Commercial General Future Land Use designation because H:IPLANNINGIUSE-BYEXCEPTlON FILESIUBE-2Q03-06 (Bennett)1CDB Staff Report.Doc 3 Map Output JAXGIS Property Information AGENDA ITE1~I #SA DECEMBER 8, 2003 E # ame ddress Value Gres Blook Panel ega/ Descriptions Flood Zone LandUse oning ENT 1 170746 0100 ERQUEIRA TH ST 172125 35 034 556A3 18-34 38-2S-29E TLANTIC BEACH SEC H Not in Flood TILLIO 2233 . LOTS 5,6,7 BLK 34 one httpa/maps.coi.net/WEBSITE/DuvalMAns/toolbar.asn . . ~ __ __.___-___ _ _11 /~ 9/~.n~'~ ___ _.