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
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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
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.^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:
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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
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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
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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