Agenda2011_0621rev1
AGENDA
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
Tuesday, June 21, 2011 at 6:00 p.m.
Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of minutes of the April 19th meeting.
3. Recognition of Visitors.
4. Old Business. None.
5. New Business.
a. UBE-2011-01, Lynch d/b/a Poe’s Tavern. Request for a Use-by-Exception to
permit on-premise consumption of alcoholic beverages in association with a full-
service restaurant to be located within the Central Business District at 363
Atlantic Boulevard (former Sticky Fingers location).
6. Other business not requiring action. None.
7. Adjournment.
All information related to the item included in this agenda is available for review at the City of
Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach,
Florida and may be obtained at this office or by calling (904) 247-5800. Interested parties may
attend the meeting indicated in this notice and state your opinions, or comments regarding the
agenda items may be mailed to the address contained in this agenda. If a person decides to appeal
any decision made by the Community Development Board with respect to any matter considered at
this meeting, he or she will need a record of the proceedings, and for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which any appeal is based. Notice to persons needing special accommodations and
to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons
needing special accommodation to participate in this proceeding should contact the City of Atlantic
Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days
prior to the date of this meeting.
Minutes of the April 19, 2011 regular meeting of the Community Development Board
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MINUTES OF THE REGULAR MEETING OF THE 4
COMMUNITY DEVELOPMENT BOARD 5
Tuesday, April 19, 2011 6
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The regular meeting of the Community Development Board was convened at 6:02 pm on Tuesday, April 9
19, 2011 in the City Hall Commission Chambers, located at 800 Seminole Road in Atlantic Beach. In 10
attendance were Principal Planner Erika Hall, Board members Blaine Adams, Kelly Elmore, Ellen 11
Glasser, Kirk Hansen, Chris Lambertson, Harley Parkes and Brea Paul. 12
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1. CALL TO ORDER. Chairman Chris Lambertson called the meeting to order at 6:04 pm. 14
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2. APPROVAL OF MINUTES OF THE MARCH 15, 2011 MEETING. Chairman Lambertson 16
called for a motion to approve the minutes of the March 15, 2011 meeting. 17
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MOTION: Kirk Hansen moved to approve the minutes of the March 15, 2011 meeting, as written. 19
Harley Parkes offered a second, and the motion carried unanimously, 7-0. 20
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3. RECOGNITION OF VISITORS. There were no visitors present. 22
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4. OLD BUSINESS. 24
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a. ZVAR -2011-01, Donald and Karen Wolfson. UPDATE ONLY 26
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Ms. Doerr told the Board that the Wolfsons had appealed their variance denial to the City 28
Commission and the matter would be considered at the May 9th regular business meeting. 29
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5. NEW BUSINESS. 31
a. ZVAR-2011-02, Lewis. Request for a variance from Section 24-151(b)(1)xiv, to allow an 32
existing shower enclosure to be replaced at a distance of less than three (3) feet from the side 33
property line on an oceanfront lot located in the RG-M Zoning District at 2215 Alicia Lane 34
(Tiffany-by-the-Sea). 35
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Ms. Doerr explained that the subject property is an oceanfront lot in the gated community of 37
Tiffany-by-the-Sea, and that there had been an existing shower located on the property line. 38
However, the Florida Department of Environmental Protection (FDEP), which has jurisdiction 39
over those lands seaward of the Coastal Construction Control Line (CCCL) was requiring retaining 40
wall improvements, including terracing, and drainage improvements to mitigate erosion impacts 41
on the dune system. As a result, the existing shower enclosure had to be removed. During last 42
year’s rewrite of the Land Development Regulations, a new provision, Section 24-151(b)(1)xiv, 43
Minutes of the April 19, 2011 regular meeting of the Community Development Board
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was added requiring that outdoor showers be set back a minimum of three (3) feet from rear or side 44
property lines. 45
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Contractor Lenny T Boot, 2314 Wind Chime Drive, Jacksonville Beach, appeared before the 47
Board on behalf of the property owner Denise Lewis. Mr. Boot provided details of the retaining 48
wall and drainage improvements, and explained the need to remove the existing shower, and the 49
owners desire to replace it. He explained that this was merely the finishing up of a larger project, 50
and that approval had been obtained from the Homeowners’ Association, and that FDEP had given 51
preliminary approval and would issue a notice to proceed once the Atlantic Beach Zoning 52
Department had signed off. 53
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Kirk Hansen asked if the shower was located beyond the CCCL, and Mr. Boot replied that it was, 55
but FDEP had issued a full permit [with exception of the shower], and was only requiring a few 56
extra tiebacks. Chris Lambertson opened the hearing to public comment, and with there being 57
none, closed that portion of the hearing. 58
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MOTION: Kirk Hansen, finding that the circumstances of this variance request met the grounds 60
for approval of a variance, specifically Section 24-64(d)(4), onerous effect of regulations enacted 61
after platting or after development of the property or after construction of improvements upon the 62
property, moved that the Board approve this request to allow the replacement of an existing 63
shower at a distance less than three (3) feet from the side property line of a property located in the 64
RG-M Zoning District at 2215 Alicia Lane. Harley Parkes seconded the motion, and it passed 65
unanimously, 7-0. 66
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6. OTHER BUSINESS NOT REQUIRING ACTION. None. 68
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7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:23 pm. 70
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Chris Lambertson, Chairman 74
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Attest 79
AGENDA ITEM 5.a.
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
June 21, 2011 Public Hearing
UBE-2011-01, Poe’s Tavern
To: Community Development Board
From: Department of Planning, Zoning and Community Development
Date: June 16, 2011
Subject: UBE-2011-01
Applicant: Riddick Lynch d/b/a Poe’s Tavern 86 Ocean Boulevard Atlantic Beach, FL 32233
Requested: Use-by-Exception to permit on-premise consumption of alcoholic beverages in association with a full-service restaurant.
Location: 363 Atlantic Boulevard
Existing Zoning: Central Business District (CBD)
STAFF COMMENTS On-premise consumption of beer and wine only are allowed in conjunction with full service restaurants located within the commercial zoning districts of Atlantic Beach. However, food service establishments must obtain a use-by-exception in order to permit on-premise consumption of alcoholic beverages (liquor) in accordance with Chapter 3 of the Municipal Code. The applicant is in the process of remodeling the former location of Sticky Fingers, with intention to open a full service restaurant, d/b/a Poe’s Tavern, and proposes on-premise consumption of alcoholic beverages, entirely consistent with the former tenant’s business. However, uses-by-exception do not convey with change or transfer of lease or ownership, and each individual business owner must apply for a UBE specific to his or her business.
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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 permit on-premise
consumption of alcoholic beverages in association with a full-service restaurant to
be located within the Central Business District at 363 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following, and attach 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 24-114 defining the Central Business District. 2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of the general public. 3. The proposed use is compatible with adjacent properties and other properties within the surrounding area.
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 permit on-premise consumption of alcoholic beverages in association with a full-service restaurant to be located within the Central Business District at 363 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following with supporting reasons). 1. The request is contrary to public interest and may be detrimental to the health, safety and welfare of general public because _____________________________________________. 2. The proposed use is not compatible with adjacent properties and other properties within the surrounding area because______________________________________________________. MOTION BY ____________________ TO RECOMMEND ____ A ____ D SECOND BY ____________________ VOTE ___________________________