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1855 Beach Avenue ZVAR 03.1989 Kredell May 2, 1989 TO WHOM IT MAY CONCERN: I am filing this petition to the City Commission setting forth that the denial of my variance request on April 18, 1989 was illegal. The decision was illegal because a literal enforcement of the provisions of zoning and subdivision regulations will result in unnecessary hardship. Within the last 18 months, the city has granted at least nine rear yard variances on lots within three blocks of my building lot. Two of the variances involved rear yards on lots the exact same size as mine. One of these lots is only 100 feet south, the other is about 300 feet north, both are on Beach Avenue. I believe that if the City will not allow me to build on my lot, I will suffer the hardship of having the value of the building lot taken by the City without fair compensation. The Courts have found that if a City condemns a property or renders it valueless thru zoning the property owner must be compensated for his loss. Sincerely, 1kiuk ki• rkekg02)L Mark J. Kredell 1855 Beach Avenue Atlantic Beach, Florida 32233 11L. ilrlii41;i4li*I'Ll-:4 ! 5/16/89 To the Atlantic Beach City Commission, I would like to add my name to the list of opponents to the rezoning appeal of Mark Kredell. This application for variance goes against the tradition of our community. We were told as new home buyers in this neighborhood that those parcels were set aside for parking not further development. One of the major reasons I bought my home on Ocean Grove was because of this open space behind my home. Now, that is jeopardized. Don' t change the rules in the middle of the game. Those people owning ocean front and those parcels across Beach Ave. knew those parcels were for parking only . How can we justify a change? It would bring about greater density , greater fire danger, increased congestion on our streets, hurt property values, and choke off the ocean breezes we 've grown to love. Most importantly, this kind of variance would decrease our faith in our city government. That is, our government favors one ddueloper over the many residents that live here. Please turn down Mr.Kredell and anyone else who applies for a variance on these small parcels which were set aside for parking. Thanks for your time. (—A' .e.Zi-C..ii.-*Z--/ --- Mark Walton Fo c I'.(). I'n\ I ' l.'_ . .I:IlW,I,v1II;, I I;lr.:.1 v z.2\ii (9(1-I1.1 I 'I - .. § 14-21 ATLANTIC BEACH CODE from the personal views or desires of any single member or group of members of the board. Such certification shall be attested to by the appropriate administrative official. This provi- sion is not intended as prohibiting the board from submitting alternate plans or recommenda- tions or of submitting minority plans or recommendations in certain cases when so approved by a majority vote of the board to be also certified to the city commission for consideration. (Ord. No. 47-86-3, § 2, 1-26-87) Sec. 14-22. Local planning agency. The community development board is hereby designated as the local planning agency and the local land development regulation commission as set forth in Part 2 of Chapter 163.3164, Florida Statutes as from time to time amended. (Ord. No. 47-86-3, § 2, 1-26-87) Sec. 14-23. Proceedings of the board. Four (4) members of the community development board shall constitute a quorum but a less number may adjourn from time to time until a quorum is present. The board shall adopt rules as may be required for the proper conduct of its business. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.The board shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions,all of which shall be immediately filed in the office of the board and shall become a public record. (Ord. No. 47-86-3, § 2, 1-26-87) Sec. 14-24. Appeals. Appeals from decisions of the community development board may be taken by any person or persons,jointly or separately, or any taxpayer or any officer of the city. Such appeals shall be taken within thirty (30) days after the decision of the board on which the appeal is based. The appeal shall be filed with the community development director on behalf of the commu- nity development board and with the city manager for forwarding to the city commission.The appeal shall state the grounds thereof and relief sought. (Ord. No. 47-86-3, § 2, 1-26-87) Sec. 14-25. Petition of illegality. • Petition may be presented to court of record within thirty(30)days after filing of decision of city commission, setting forth illegality. Any person or persons,jointly or separately, aggrieved by any decision of the city com- mission rendered as a result of an appeal filed in accordance with the provisions of section 14-24 herein may present the court of record a petition, duly verified, setting forth that such Supp.No.5 842 �( . 'l:} t; ). as ' `a' Sej f • , •1." iSF +:: i•) (1,0 "n ? .liE-• f •,;. ES 1;,)a. • _ +s.. D[" +• "Cj t,Lf, vtf .. :t"lY. `,' t' fe ..i:;, flus: .; r, 'f:}f' *3;? ;,...,!",";11y,S S" �1f;F. ." Fs: ;a. Et• N, i.)1-". . •i. ,iT.::, .t '.i'3'.-" .T' `etQT: -4 ?*''.•.`l", . . {. • {�'. f!.! ,. } t().1 3" ,,i`*I: fq � i .i, 's 1. ., 4i'f ti)!T .. d {1':. 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"+_ eTE,dt:'cil a.D, !,1 l`tsi r.3 i iT.ft ')t.fig(7''! ^t{ `� .. filC!• `f Y ;J L3`3i14Ff • ?t;-. :,C f I' s``f } t'tT7P'z d t' )r -r St' . t • s' , -• t, +tawsLlr ? .: if) ,F {.r',• ;F EI,;, { flfT'F 'ii) 1.1 7-„, Ell. �:1 4 i'f4t T'. ,..Trx j 0.. .? ?r .s, ,f';i•.�.f. • 4:1 * E1!IC/ e t ;j ., te+ .�.i`3: FM7 ...-t.. ,. .. et ._ •d !`'J'�'� �?) {#E ��';t/*..t C� +.:';S; e�"'f T,-.,f ry,-:,�#Y1'}':'. t �' `i: i' ,e. - s,. � , d. e.: 1"0...41 i {{ 7 t ,t.k'.:c3 aA3::--.��: afith q + E.1..{1' ,.tf` C` :`, .s': 1835 Seminole Road Atlantic Beach, FL 32233 May 17, 1989 Atlantic Beach City Commission City Hall 716 Ocean Boulevard Atlantic Beach, FL 32233 Ladies and Gentlemen of the Atlantic Beach City Commission: The attached petitions regarding the MARK KREDELL VARIANCE that is scheduled to come before you on Monday, May 22, 1989 were originally presented to the Atlantic Beach Planning Board on April 18, 1989. (Rene Angers has the originals). The property owners who signed these documents feel as strongly now as they did then that the granting of the variance would quite adversely affect their (and your) community. They implore you to consider this in your decision-making process. Thanking you in advance for your thoughtful consideration in this crucial commun- ity matter. Cordially, //d,___/- Demond Waters, III 7771 JDW/maf cJe , the undersigned property owners who live either adjacent to the property owned by Mark Kredell or in such close proximity to it that our property values, quality of life, and public safety would be directly affected by an adverse development of his property, do petition the City of Atlantic Beach through both its City Commission and its Community Development Board to reject completely and absolutely Mark Kredell's request for a variance NAME ___ ADDRESS DATE \\ .% ;mac T r�� �T �.� c�,>> 12I'� p)2 c c\�_ ate,,-�, - i(.M/?r, , 4.,,,-, i-,,-- -e_E-7----- 18/9 2 #1,,cit 4.),(, /. .40. 11111211rAIIIIIL i6,-/ 0044,tu- DA- /b IMPAIR/ fiLL.L.2// ; ‘ 1 I j i ( I �,'� fir'�<, �, ,-;��-, TMJ , ,, /`'.,t ) ;%, i t � W !JL 450 /01_041141410 fA r /.. 2? dr -4WAM1/4 ......,00.arkii...r.e. C___ -0-k Q WI i-daut 0-e-t-ccuou • , . / -2 , L5" A--," //7-1/ 6//,/e ./L; . ,1 i /�:(/i. (f {, �t ^ /fii � . if , : ._ , ,; Th. ,I % ./ • .^1e, the undersigned property owners, do petition the City of Atlantic Beach through both its City Commission and its Community Development Board to reject completely and absolutely Mark Kredell 's request for a variance. NAME: • . �1 { ADDRESS: / n DATE: ,....., ik ev,s Ili,./5,:., .,-_-- ,•1 s.\ „ : , .. ., , ,, i , ..,,,, ,,. „.._____„_._ . • ►_,:'� ;� (� . �� /i�i l ')? 1?51 Ocean Grove Drive Atlantic Beach, Florida • May 15, 1989 City Manager Richard Fellows Atlantic Beach City Hall P. 0. Box 25 Atlantic Beach, Florida 32233 Dear Mr. Fellows: I want to state right up front that my wife and I are vehemently opposed to granting Mark Kredell any further variances, especially one to build on a substandard lot. The very lot that he is asking to build on has had a long history as parking for the ocean front home to which it was originally attached. Understand that the Neptune Beach Land Co., which developed the Ocean Grove neighborhood, detached that strip of land running behind the Ocean Grove building lots and then subdivided that strip to provide parking areas for the ocean front homes between 17th and 18th streets. Except for those ocean front lot owners who chose not to buy them, these parcels have been traditionally bought and sold with the ocean front property always--to my knowledge--with the same deed. The remainder were bought by Ocean Grove residents who used them for parking. Until Atlantic Beach began granting variances to build on these lots , the few exceptions to the above description served to prove this rule. Where Ocean Grove residents were caught building on them, they were compelled to combine the parking lots with the property behind and then equally subdividing that to produce larger, but unfortunately substandard, lots. When Dr. Powell finally won the right to build on his, he also owned the lot behind him and his ocean front residence had been built on such a steepidune that he had neither parking :or garage. Even when the City of Atlantic Beach granted John Landon the variance to build on his parking lot, he owned the property immediately behind him thereby creating NO hardship upon his neighbors. John Landon should not have been given the variance because there was absolutely no hardhip shown on his part. BUT Mark Kredell does not own the property behind him; NOR do any of the remaining owners of these parking lots. From here on out, every variance will infringe upon the property rights and quality of life of Ocean Grove residents, who , from the beginning, bought building lots, not parking lots. Sincerely yours , J. D. Waters , Jr. ' Martina J. Waters ' ' �'� , • v • t • T -101 P` � r , . - 1 f s .LI. ••} • • • • • r 7, t) �t :)Z l J it ! ... 'jig ^J ff r .. 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S f..";(.)•-f.• q,}, } ;C: . 10i I ti 1S _ 'I' '1 `BLt 'C10 :?Sl is I1 i .t.i';%,: is �r`.1 t 4' '1 �}ll..J i..�t X,"! �f J 1 9( f3 .., i 4r l ft • . .f:f:_ Y r ��� .) lf� ` J.J'•�i[, Y.;. . 54;,�:.W.,ry. fir} ;� ,"r1 l`[ 4� A�L ,[J .?l f�ti tiobC EJ Iid1.)I.- • • :S"s �i . . L '` i.tf ‘.' _ t f"w- q-r.!t rf[i an it''T9i.t.r1_af3+iiv SW 19'- 75iii f i + : if- est 3ft:C'i° {} } #'�;a';f '�q. ; f :t iwc ►Off Gx£sC:?F1 ! ',1:5'AV f",, ;IL ('CS .',;.7 r?i ')' ;`"fd' f `_ .^) ..I t? rc ::if'SPIU P3 fii_£I r.,c .f3; .`tfr�: raw ".f:.. i k : } iti4 -: 'mats. ()if ' ()if.r �l a 2 1747 Ocean Grove Drive Atlantic Beach, FL 32233 May 18, 1989 To the Atlantic Beach City Commission: I would like to state my opposition to the appeal of Mark Kredell's application for a variance of his parking lot parcel for building purposes. Being a new home buyer in Atlantic Beach, we selected this area for its lack of congestion and serene quality of life. Any building on the parking lot areas on Beach Avenue would downgrade the property values, add to an already greatly congested situation on the corner of Beach Avenue and 18th Street, and most certainly adversely affect this community overall. Granting this variance would open .the flood gates for all ocean front property owners to build homes for rent, increase the population density and take away the very essence of the quality and lifestyle which we as homeowners chose. Please refuse this request and any similiar one requesting permission to build on these parking lot area properties. Respectfully, Otto W. Frohwein May 22, 1989 Mr. Richard Fellows City Hall 716 Ocean Blvd. Atlantic Beach, FL 32233 Dear Commissioner Fellows: I live at 1727 Ocean Grove Drive and would be very nega- tively affected if building on the 50 ' x 50 ' garage lots was allowed by the City of Atlantic Beach. Neighbors are already very close to each other and building on these lots would produce over crowding. Privacy is a primary reason I choose Atlantic Beach as my residence. The lot currently under discussion, if built on, would restrict the ocean breeze and available light on my property. In addition, the increased traffic, congestion and noise pollution may considerably alter the peaceful family atmosphere which currently exists. Last, but not least, my financial investment in my home would be negatively effected. My property value and those of my neighbors would decline, which would impact the Atlantic Beach economy also in a negative way. Thank you for your consideration and rejection of the variance request at tonight 's meeting. Sincerely, O HO aCC- 1, Sa renes Barbara F. James 1727 Ocean Grove Drive _144:, CITY O F �' ;lave& E� - 9� 1, 716 OCEAN BOULEVARD ik b�� P.O.BOX 25 11, ATLANTIC BEACH,FLORIDA 32233 '," : DC7' 1-t•� '� TELEPHONE(904)249-2395 •April 21, 1989 MEMORANDUM To: The Honorable Mayor and City Commission From: The Community Development Board ' Subject : Board Actions of April 18, 1989 with Recommendations Your Community Development Board took the following actions at it 's regular meeting on April 18, 1989: A After two hours of deliberation, the board voted 5 to 2 to deny an application submitted by Mark Kredell for a rear yard variance on a 50' x 50' parcel located on the southwest corner of Beach Avenue and Eighteenth Street. Should it be determined that the parcel is a "lot of record", the variance would have allowed Mr. Kredell to construct a garage apartment-type building within 10' of the rear property line. A The Board recommended approval of a ordinance which provides exception to the site requirements of the planned unit development when a developer can demonstrate that the density of the project will be reduced substantially from that allowed under the current zoning of the property. When exception to the site requirements of the PUD is approved, such approval is to be designated on the zoning atlas as Contract Quality Development (COD) . Respec .fully Submitted, 44) V€ 2 Rene' • • •ers, Se a ary Community Develo went Board MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA April 18, 1939 7:00 P. M. CITY HALL PRESENT : Gregg W. McCaulie, Chairman Louis B. MacDonnell, Vice-Chairmap Ruth Gregg John Bass Samuel T. Howie Kathleen Russell Don Wolfson AND: William Gulliford, Mayor of Atlantic Beach Richard C. Fellows, City Manager Rene' Angers, Recording Secretary Brenda Dockery AND: Mark Kredell Paul Eakin Chairman McCaulie called the meeting to order at 7:00 p. m. The Chairman asked for comments or corrections to the minutes of the meeting of March 21, 1989. There being none, Mrs. Gregg motioned that they be approved as presented. Mr. Wolfson seconded the motion which carried unanimously. * * • OLD BUSINESS A. APPLICATION FOR REAR YARD VARIANCE BY MARK KREDELL; PART OF GOVERNMENT LOT 4, SECTION 9, TOWNSHIP 2-SOUTH. A 50'x 50' PARCEL ON THE SOUTHWEST CORNER OF 18TH STREET AND BEACH AVENUE. Paul Eakin, attorney for Mr. Kredell, presented the board with several letters from residents supporting the variance and a map which highlighted similar variances that had been granted. Mr. Kredell stated that he proposed construction of a two bedroom garage apartment ; that one garage space would be for the rental unit and the other spaces would be used by the oceanfront residents. Several members of the board expressed concern for the limited parking spaces provided for the rental unit. It was clarified that the zoning code requires a minimum of two spaces for each residential unit. Discussion ensued regarding the intended use of "Garage Approach Road" ( Beach Avenue) , whether the vacant land to the west was intended to be used exclusively for parking for the oceanfront homes. Mr. Eakin questioned whether a hardship is a requirement in granting variances. Mr. Wolfson replied by quoting Section 24-49 from the Code of Ordinances, "Powers and Duties of the Community Development Board". Mr. Eakin defined the hardship as a need for additional parking facilities for the oceanfront units and that, without the variance, Mr. Kredell would be forced to construct a ten foot wide building. He added that similar variances have been granted in the area and that his client should not be singled-out and deprived of his rights. Several residents spoke against the variance, including Robert and Linda Fagens, 1847 Ocean Grove Drive; Bob and Mary Anne Frohwein, 1847 Ocean Grove Drive; Ken O'Rourke, 1843 Ocean Grove Drive; and Desmond Waters, 1835 Seminole Road. Residents feared impairment of sunlight and air circulation, an increase in traffic and a change in the quality of life should the variance be granted. After lengthy discussion, the Chairman asked for a motion. Mr. Howie motioned to deny the application for variance. Mr. Wolfson seconded the motion. Mr. Wolfson then gave a lengthy history of the area, with particular reference to the original deed restrictions. He suggested that the Board may have made an error when granting similar variances; that the Board may have granted privileges they did not have authority to grant. He stated that "Garage Approach" was uniquely designed for additional parking facilities and not for living spaces. Mr. Kredell stated that the Board had granted variances to similar lots to make them buildable and that he should be given the same consideration. Mr. MacDonell agreed, adding that he felt the application met the 'findings of fact ' requirements. After further discussion the Chairman called for the vote. The motion to deny the application for variance carried with a five to two vote. Members McCaulie and MacDonell voted NO. B. APPLICATION FOR SIDE AND REAR YARD VARIANCE BY MR. JIM NOVEMBER: LOT 4, REPLAT OF LOTS 1 AND 2, BLOCK 31 ATLANTIC BEACH SUBDIVISION. Application was withdrawn by applicant prior to the meeting. No action taken. MISCELLANEOUS BUSINESS A. RECOMMENDATION FOR AMENDMENT TO PUD ORDINANCE Chairman Mc Caulie opened the floor for comments and questions. Discussion ensued regarding the establishment of an architectural review committee and the similarities to the existing PUD ordinance. There being no objections to the amendment, Mr. MacDonell motioned to endorse the amendment. Mrs. Gregg seconded the motion, which carried unanimously. B. DISCUSSION - PREVIOUS ACTION; REZONING LOTS 41-60, NORTH ATLANTIC BEACH UNIT II Mr. Wolfson stated that he had requested that the item be brought back to the Board for further study. He felt the Board's actions constitited spot zoning, that the majority of the property already conforms to RGI zoning. The Chairman stated the Board had already made their recommendations and felt it should not be brought back unless referred by the City Commission. No action was taken. There being no further discussion Mrs. Gregg moved to adjourn. Mrs. Russell seconded the motion. The meeting was adjourned at 9:23 p. m. by unanimous decision. w w r w w G egyc ulie, Chairman