535 Atlantic Boulevard 15-CVPR-2411 CDB Minutes 05.20.1997. --„.
r^, MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
May 20,1997
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
AND George Worley, II, CD Director
Alan Jensen, Esquire
Pat Harcis
ASSENT Mark McGowan
Sharette Simpkins
Buzry Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
~-,, rrunutes of March 18, 1997. On motion made and seconded the minutes were approved.
The chairrrran ailed for approval of the minutes of April 15, 1997. Mrs. Walker requested
that with regard to the Application for Use-by-Exception by Affiliated American Inns ill, Ltd.,
the minutes reflect the board's discussion that the proposed restaurant and lounge was
to be used solely for the use of the guests of the hotel and not advertised for public use.
The approval of April 15,.1997 minutes will be placed on the agenda for the next meeting.
L Application for Variance filed by Julius Montagna to allow an existing
nonconforming structure (cabana) constructed in 1988 to remain on property located at
1550 Beach Avenue.
Chip Blumstein, attorney for the applicant, introduced himself and explained that the
applicants purchased the property in 1995. The cabana was constructed in 1988 by a
previous owner without obtaining a permit and encroaches the side yard setback by 2.8
feet. He presented letters to the board from neighbors indicating their approval of the
application.
Neighbors Karen Bremer and Joann Morriseau introduced themselves and
expressed their support for the applicants.
The chairman recognized the court reporter who was present at the meeting and
employed on behalf of the applicant.
The chairman recognized Don Ford, Building Official for the City and requested his
summation of the situation. Mr. Ford stated that he met with the owner of the property in
1988 for a routine inspection of the property and discovered that no building permit was
obtained for the cabana. He indicated that the Shondelmeyers who were the owners of
the property stated that they would apply for the permit. He stated that subsequently he
was transferred to the Public Works Department and the matter did not come to his
attention again until approximately a month ago.
After discussion, Mrs. Pitimore moved to grant the variance as presented with the
exception that the structure, if destroyed, be constructed pursuant to the appropriate
setback requirements. Mr. Frohwein seconded the motion
During further discussion it was the consensus of the board that the situation arose
from a previous owner's error in not permitting the structure and the City not pursuing the
matter. The board also noted that there was an undue hardship placed on the applicant
who purchased the property in good faith and thereby assumed responsibility for the
current sihaa8an.
After further .discussion, the chairrr-an offered a substitute motion to grant the
variance as requested according to Section 24-85 but that it bean after-the-fact variance
with the history of the issue along with the court reporter's transcription be attached to
these minutes. The motion was seconded by Mr. Frohwein and the variance was
unanimously granted.
II. Application for Variance filed by Lowell G. Borah, Sr., to construct a screened
porch addition that will encroach the rear yard setback at property located at 92 West Fifth
Street.
Mr. Borah introduced himself and stated that he and his wife recently had the
residence constructed and desired to construct a screened porch onto the house that
would encroach the rear yard setback.. He stated that he was unaware of the setback
requirement. He presented letters from neighbors supporting his request. He also
presented pictures to the board of Doug's Towing Service located directly behind his
property indicating construction encroaching the rear setback.
After discussion, Mr. Frohwein moved to deny the request for variance. Mrs.
Pillmore seconded the motion and the variance was unanimously denied.
The chairman requested staff to .investigate and report to the board at the next
meeting the history of the encroachment of the structure located to the south of 92 West
Fifth Street.
lII. Application for Variance filed by Kent and Cindy Haines to enlarge a garage
that will encroach the front yard setback at property located at 1958 l3eachside Court.
Mr. Haines inroduced himself to the board and stated that he desired to extend the
f^ existing garage out in line with the front of the main part of the residence. Due to the
curvature of the property line at a cul-de-sac, the proposed construction will encroach the
front yard setback by three feet.
The chairman infomned the applicant that he could withdraw his request and reapply
with a different plan for the board's consideration but if the board denied the variance it
would be for a one year period before he could reapply. Mr. Haines declined to do so.
After discussion, and the board determining that an alternative exists even though
not as cost effective, Mr. Frohwein moved to deny the request. Mrs. Walker seconded the
motion and the variance was unanimously denied.
VI. Application for Use-by-Exception filed by Ted and Debra Jackrel to operate
a distributorship office for paretransit vehicles at property located at 58 West 9th Street.
Mr. Jackrel introduced himself and explained that he operates a distributorship of
vehicles designed for handicapped users. He stated that the business does not generally
sell vehicles at retail but are stored on site and sold wholesale. The principal use of the
property is to be office space for staff but ause-by-exception is required because of the
sale of vehices. lie indicated that the property adlacemt and due west is the location the
completed vehicles will be stored prior to sale.
Mr. Jackrel stated that approximately fifteen vehicles would be stored at the
property and the area fenced in and no repair work would take place at the property. He
stated that at present there are five employees which may increase to six or seven but the
parking in the front of the building is adequate for their personal automobiles with six
spaces being available.
The chairman expressed concern regarding lighting and dust problems as well as
hours of operation since the property is adjacent to residentially zoned property. The
applipnt expressed willingness to comply with requirements with regard to those issues.
Mr. Worley. explained that. the applicant would be required to comply with
appropriate zoning requirements including a wall or fence separating the residential
property as well as lighting and landscape requirements.
After discussion, Mr. Wolfson mroved to recommend to the Ciry Commission that the
use-by-exception be approved subject to the following:
1. That there would be no lighting that would interfere with the residences
immediately adjacent to the property;
2. The hours for conducting business would be from 5:00 a.m. to 6:00 p.m. on
weekdays and Saturdays with no business conducted on Sundays.
3. There be a fence constructed that would not be offensive to the residents
immediately adjacent to the property, i.e., a finished fence on the resident's side.
4. That the parking lot be completed allowing proper drainage and minimum
dust.
5. That there be no more than 20 vehicles stored on the property.
Mrs. Pillmore seconded the motion. Mr. Frohwein moved to amend Mr. Woifson's motion
to include that the automobiles be stored in a fenced area and the use-by-exception be
granted solely to the applicant. Mr. Wolfson further amended his rrmtion and Mr.
Frohwein's amendment to include removing the septic tank drain area, level the property
and include in fenced area for storage purposes. Mrs. Walker seconded the amended
motions and the board voted unanimously to recbrr>rnend approval of the use-by-exception.
V. Application for. Variance filed by Carlos Fraticelli and Barbara Robinson to
construct a roof over an existing nonconforming deck st property tocated at 230 Magnolia .-
Street.
Mr. Freticelli introduced himself and stated that a screened deck was constructed
in 1991 which encroached the side yard setback line. The enclosure was permitted in
error with the encroachment showing on the approved drawings. tie stated that he did not
~ realize a problem existed until recently when applying for a permit to place a roof over the
structure.
Barbara Robinson, co-owner of the property, introduced herself and stated that it
was not their desire to after the structure but simply cover it with clear plastic.
After discussion, Mr. Frohwein moved to grant the variance provided that the
screened structure not be enclosed with walls in the future. Mrs. Pillmore seconded the
motion and the variance was unanimously granted.
VI. Application for Variance filed by Clinton Burbridge 111 to construct a 6-foot
fence on the west property line of 270 6th Street.
Mr. Burbridge introduced himself and explained that his property is located on the
southeast comer of East Coast Drive and Slxth Street and desires to construct a 6-foot
fence on the that portion of his property. He stated that there is extreme traffic noises at
the location and presentty has a 2-foot fence. On corner lots the secondary street front
setback is 15 feet thereby requiring fences within that area to be 4 feet or less in height.
He presented pictures of the property to the board and stated there were other fenced In
the area which are in noncorr~liance.
The Chaint~an mentioned various solutions including widening the road, y
~ direction and speed bumps. He stated that if a variance was granted it would e~te a
dangerous line of sight situation at the intersection. He stated that the whole situation of
traffic and solutions should be studied by the City.
Mr. Frohwein suggested that the board review a traffic study that was recently
compiled by the Public Safety Department.
Chris list introduced herself to the board and stated she is a neighbor of the
applicant and explained to the board the problems with noise she and other neighbors
have been having in the area.
The chairman stated that to alleviate the problem for all four citizens at the
- intersection it would take the construction of a six or eight foot fence at each property and
that solution would create very hazardous traffic problems.
After further discussion, and with the consent of the applicant, the board deferred
action on the application anti{ such a time as further review and study of the situation may
be accomplished. Mr. Worley stated he would supply the rr~mbers of the board with
copies of the traffic study. Action was deferred unti4 the July 1997 meeting.
VII. Application for Variance filed by Barry Adeeb to construct an addition to an
existing nonconforming restaurant located at 501 Atlantic Boulevard.
n
Mr. Adeeb addressed the board stating his desire to operate a breakfast restaurant
and construct an addition to acconutwdate additional seating. The proposed addition will
be constructed on the west side of the building and will not further encroach into the
setback. lie stated that the landlord is going to repave and restripe the parking !ot to go
along with the proposed renovation.
Mr. Worley reminded the board that the application is requesting a variance to
construct an addition to a nonconforming structure and the applicant would have to meet
code requirements for seating, parking and landscape.
Mrs. Walker voiced concern regarding the square footage and remodeling of 50%
of the structure.
After further discussion, Mrs. Walker moved to approve the variance to construct
an existing nonconforming building subject to receiving the signature of the owner on the
application. Mr. Frohwein seconded the motion and the variance was unanimously
granted.
Mr. Wolfson queried Mr. Worley the status of the progress of Kent Theatres in
completing landscape work. He said they have had six months to complete the work and
should be reported to Code Enforcement:
The board directed that staff investigate and report at next month's meeting the
setback encroachment behind Mr. i3orah's property at 92 W. 9th Street as weft as
nonconforming six and eight foot fences constructed in the City.
The board agreed to hold a special meeting in the conference room on June 17,
1997 at 6:00 p.m, to discuss the proposed amendments to the zoning code of ordinances.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED ~•~ -
ATTES ~ ,
~..~ 4~I21/9T 17: V• Z~TlIV4 Y33 •isJ ywnmu-ws rl~ art, 1Q •Vd
REQUEST FOR YARLINCE
1550 Beach Avemre
• 1988 - cabana built 2.2 foot from ptoptxty liat--today'scoderequires Sfeet. -
• 1121188 -note in City 81a by Doa Ford---"dstached building ncar pool in back yard--ao
P~t(~ p~ FAY appraisal's office.
• 1992 houro told to Utsets.
• 8!15/43 - BEFORE BUYBd(i the house, die Montagtlas asked Dva Ford if a roof deck eoutd
be bnik. Housc flit was pullod, .blue prints shown. NO 11~IHNZTOTT pF PERMIT
PROBLEM.
• 8121/95 - Montagaas hired Nadeem 2:ebouni to do a stttretttrst htapecdoa of the prapaty
before they bough ~ boost. Don Ford, acied Zabouni oa Ike ~pxdoa (see
auachod Zrd~ report). NO MENTION OF PERMiT PROBLEM.
• 9/14195 - Montagaat boaEht the houue. NO MENTION OF PERI4IIT PROBLEM.
• 414197 - better hnm Doa Ftud detnaodiag Montagnas have txbaaa brought iato compliance
wdth city code (see attached).
• 17tert: is >m record is the City file of any attempt by Don Ford to permit this baildin8.
we ~ rcgnesting a variance because:
1. Don Ford should have advised us of the pcrmit problem PRIOR m the purchase ofthc house.
2. We are the third owaaa trace the eubama.ras baits.
3. We paid more 5or the house because we treed•d the eabaaa.
a. The house is for sale and dtis pemait pe+abletn boa ~ m one buyer and must be diaclosod m
adios.
S. Metring the canons world destroy the appearance of die tardm
b. Moving the cabtms world place is too ne~rto the Pool tree atnclred photo).
7. Moving rim csbaaswoutd be aJlanfiir ~ ptpeasive hardship for vs.
8. TheK is tro eh+srge is appeataacx by nloviag lltc cabana aced it has been there bar 9 years.
9. Neighber'a harsa is 4S txet south of the property lice alto 47.2 foot south of the cabana.
We have moot tecpEOSive repairs and landscapm8 to ~ this horse, aCding m the
appearanot ofBeach Amtue and Atlantic Beach.
Enclos~lres:
Survey
f., Don Ford memo 9/2188
yebormirepor18/Z3/45
Daa Ford Iettu' 419197
Photo of cabana is ti~m
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NADEEM ZEBOUNi, P.E.
tar. (sw) zes-peso
Fax: (9dt) 211.454
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R8?Pltl' NO.t 02 INSP8CTION DATEt August 22,1495 (2100 P.K.)
P1tOJECT: 1550 Beach Avenue REPORT DATIt Aagurt Z3, 1995 (11:00 A.K. )
CONTRACTOR: BustOA Prailay fi$ATHERt $ot
CLIBNT: Julius Hoatagua YdUR AiPLR1iNCt: Seraia 0tsts~
OHSfiRVED bYt Nadscm Zebouai, P.$. and Don Ford
OUR 1lEF8RENCE: 5133
AYPOAT PR8PAR8D ESf: Nadaam C. ?.abound. P.B.
ItQASON FOR O$9P.RVATION: Structural avalualion
~ IT1Q7S 88CHANGED: Ori=ittal construction doeumsntm from Caorge Bull !o Zeboutsi,
Dopy of Chatham xooling Co. report from Montague so Zsbouni (see Exhibit "A"),
and pool permit fsoa City o! AC1sAtio E•aeh Euildit>s Daparta~ent to Zabooai.
L YNPORMATION:
R4:a conatructiaa documents far the orisiaal and male structure wars
prepared by Caorp Soil, Jr., Architect, sad dated January 29.19)3.
The coasttnetioa peratit vas obtained on Pabswry 22, 1974 and coaatruotiatt vas
'perlora~ed by Huston Prailay. General Contractor, for Mr. sad Mrs. John J.
On Beeembez T9. 1974. a pssmlt foray irrigstioa yell ran abtaiaed. Iss
83, Pord, prssaatly Building Offiaisl-of t1w G1ty of Atlantic Saacb, built
covered garage xith a flat ascoad floor lave! woodsy deck for Chuck sad
3ackie Sbandesayer. A watarpsooling sKmbraae was tppliad by Romano Roofing ever
the 112" CD7I plywood roof ahsatbing prior to ti:ailing the '2si wood sleepers ! lie
on acetate to recaivs tM 2s6 xood decking.
In~B fike I.eiaenwabes bu11t :cabana for the Shondemeyers sad added a••
jaecuai on-the seCattd !loot deck. A pool wu added to the backyard at the soma
~ limo. .
72:e ~zeaeat ovanr, Ds. Bernazdo (Bsrnla) Utata, changed eotted 2x10 roof
saitgrs ovtr tho csrport sad 8112 appllsd erteziar srade ply+rood oust tlta
rafters, covered it vitb 2 laysra e1 SOp felt sad 4Op laduatrlal zol2ad roof la;
~,,,~ wtth liquid tar (black jack) :long the lap ands. Dnekint was thaw applied prior
to replacing the existing laceati.
a - ` r'"n i
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CITY OF
~tla.ctic b'eac.~ - ~foalda
800 SEMINOLE ROAD
___... ..._... .. ... .. _. A'1'LAK'I'IC REACt6 FLORIDA :S'2233-5445
- 'I'b:LEI'ilUNli X90412.17-:1800
I 9 997 I+AX 190.11 1-Fi-i~SOfi
S U:YOOAi Sii2~5800
JULIUS J. MONTAGNA
i 550 BEACH AVENUE
ATLANTic BEACH, FL 32233
DEAR $IR:
RE: °CABANA BUILDING' ON REAR SouTH Lot
LINE AT I SSO BEACH AVENUE
/+~ THE STRUCTURE NEXT TO THE POOL NEAR THE SOUTM, £AST/WEST LOT UNE AT i 55O
~ BEACH AVENUE MAD NOT BEEN PERMITTED BY THE CITY OF ATLANTIC BEACH BUILDING
DEPARTMENT, APPARENTLY THE BUILDING WAS CONSTRUCTED SEVERAL YEARS AGO AND NO
PERMIT WAS APPl1ED FOR. PREVIOUS ATTAMPT"3 BY THIS DEPARTMENT TO HAVE THIS BUILDING
PERMITTED HAVE NOT BEEN SUCCESSFUL.
PLEASE CONTACT THE BUILDING DEPARTMENT AS.900N AS POSSIBLE TO HAVE THIS
SITUATION REVIEWED AND BROUGHT INTO COMPLIANCE WITH CITY CODE.
IF WE HAVE NOT HEARD FROM YOU WITHIN TEN (I O) DAYS OF THIS NOTICE THIS CASE WILL
BE TURNED OVER TO THE CODE ENFORCEMENT BOARD. UNDER FLORIDA STATUTES 162 THE
CODE ENFORCEMENT BOARD MAY IMPOSE FINES OF UP TO $250.00 A DAY NOT TO EXCEED
$5.000.00.
SINCERELY,
DoN C. FORD
BUILDING OFFICIAL
DCFIPAH
CC: CITY MANAGER
VIA CERiTF1ED MAIL
RETURN RECEIPT REQUESTED
_ _4 ,
RECEIVED
~ nri~,,cA'fJ_rJN roll VAlt1ANCt3 APR 1 1 1997
Clty of gtlantic Beach
- , Buliding and Zon(ng
NEXT MEJ?'1'1NC llA'1'E:,~ ,~0__`i] __ F:LJ,[NG UP:ADLJ:N1:: _ _
p1,EASE; '1'1'I'E OR PRCN'f .IN lNlti APYLICA'1'JON FL?IS :~7,`i.ll0
'1'O REWUE;S'1' A VAItJ:ANCE FROM '1'l1E 17,ECU1,A'1'LONS 1NllICA'fEl.) }IEI<E:1.N, I'tlE
APPL,ICAN'I' PIUS'1' SHOW 'THA'I' '1'FIE:1tE ARF. UNNRCF,SSARY HAHI)SH11)S IN
(?ARRYINf; OUT THE; S1'Rl(PL' LE°1"l'ER OF '1'HR CODE.
__ ___ -
Applicartts Name Owners Name
Addt•ess A~Idre~ss
City, Stato', Zip l City, State, Z,ip
~ 'I elepLone: ~U ( 02.76 _~Q ~~__ 'I'elephone:_.
Street address and legal descri.ptiou of subject prOperl}: Nol.e:
Cbp}~ of deed and snrvep or p1oC plan i.nd{eating pr•oposcal
construction must be attached.
_l...l_~Ip!_;~c./J r ~~ ..-~.-Y. C~ • _ -..._.~._T[..Ik~s- t~. ~c _. -'r'~1 r..J~/>. _
Zoning (~.lassifi.r:at,ion of pr•opert,~:.._ __,~.~''.-..-.~
Sec•t:ion of code from which variance is sought:_
Describe variance requested: vu.vt~,N~c,(.«il..~
_f3. ~ .l u G~ _ ~X r i T. ! ^~(`C /~--~ /'~<= f p st.i' Ji 1 c~ ~T(.~ ~ ~ ~ c n 6.~.~-~~
Supporting dal,a which should he considered b}~ Board:
IN FILING TItIS APPLICATION FOR VARIANCE, 'I'H13 IMUERSIGNEU
UNUER.STANUS I'f RT3COPIES A P,1RT OF TI{E OI~F:ICIAL RE;CORUS OF 'I'11E: CITY
ANU DOI?S HEREEIY CER'1'I1•Y THA'I' ALL INFORNA'TION CON'I'A1NED IIE;kL;:I:N IS
TRUE T'O 'CITE [.tES'I' Ole H.[S/1{Elt KNOWL,E:UCE.
. iN,ns .ufl [•e of PropPrt• Owne[•
['P. qll l ['ed J'or prOC(:FS I Cl ii
"''~'' ~ ~~ ~~ MAP SHOWING SURVEY OF
LOT 7, BLOCK 63, MANDALAY, AS RECORDED IN PLAT ROOK 10 PAGF. ll OF THE CURREN'P
PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
BEACH _AVENUE
(PAVED) 40 R/W
ROUND V2"IRON PIPE FOUN07/2"MON -IVE
-"_°_"'• 50.14' ~ L.E. a0lO
A I=• .. __
•:~4 B IUD'
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8 ~ ~~MIO MI C ~'
~~~~~~ K 63 lu
.~ ~y. wo00 oecK ro i W
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ENTRY J
EELOW .~iM ~•' If.2' PLANTER
i3n o o EELOw ~ ~
12.7, 0. ' ' ~x! "i a_ O.7~8' _ n
y s.*~i
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a COQUINA «
z"eaTaaY N RES.NO.' s.o' ~ ---
ciSl°I s.o_' 1550 ._' +' ° ._
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N !TORY
F. ~a ~:a a MOOD
j ~_~ :~:~ Of CK
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~1$- ;g'I Low ~cugw ~/.
y}" 21:f
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'` •• K;C%/.~ iii// i __-
`fj /~/ WOOD OlCK ~~ ~~
,'3,;,. ;;a; /~i. %~j/~%i~ e s.o ~ NUT 63
'~ S ~~ d THIS IS A BOUNDARY SURVEY.
~~'~ '" ~% ~'0• HO BUILDING RESTRICTION LINE PER PLAT.
.^:
a: '~i ~ ~/ m,.« ~' ANGLES AS PER FIELD SURVEY.
A': // Zqw N
~~: o a? ~ :4~~ a NORTH PROTRACTED FROM PLAT.
F; ant OOOL ~ ~
t. d ~;: ~~ lo.+' 2=2~ r- LEGEND OF ANGLES
„: j woo0,': ~ B = 92° 12' 20'•
,> DECK.
'N~ •; ~~/j ~/ C " 87°34'42"
FOI1NDyY1RON MPf 0.2' S0.001 d °ND L.S a112f DISK
NO CAP
1I (49.79'FIELD) 0.1' 1 a'NOODFlNCE
LOT 9 ~ LOT 8 ~{i L07 3
I
THE PROPERTY SHOWN HEREON APPEARS '1C) LIE IN FLOOD 20NE "X" (AREA OUTSIDE 500 YEAR FiAOD
PLAIN)- AS- •WEI.L AS CAN BE DETERMINED FROM THE "FLOOD INSURANCE RATE MAP" CQ~'I~']UNITY PANEL
NUNBER 120075 0001 D REVISED APRIL 17, 1989 fOR ATLANTIC BEACH, FLORIDA.
I HEREBY CERTIFY ~ JULIUS J. b TINEKE J. MCNTAGNA, NbRWEST NARTGAGE, INC.; FIRST AMERICAN
TITLE INSURANCE COMPANY, b WATSON b OSBORNE THAT i HAVE SURVEYED THE LAND6 AS SHOWN IN
THE ABOVE CAPTION AND THAT THIS MAP IS A TRUE AND CORRECT REPRESENTATION OF THAT SURVEY
AND THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM TDCHNICAL 5'PIUJDARU6 OF THE FLORIDA
~'"~INISTRATIVE CODE CHAPTER 61 G17-6 AND THE FLORI TTTLE IATION.
THIS SURVEY NOT '!ACID UNLESS
SEALED WITH AN EMBOSSED SEAL DONN Y1. BOA7NfIRIGHT, L.S.
F SURVEYOR SIGNED HEREON RECHECKED -SEPT. i3, 1995
~~ ~ RECHECKED-MARCH t8 1992 FLORIDA REG. LAND SURVEYOR No. 3266
SCALE: 1 " « ~' BOATWRIGHT LAND SURVEYORS, INC. DATE IGNED•
DRAWN BY• Pc ITII 5th STREET SOUTH ~GTL761ER la _ i~sis
F.B. f: F'L~ JACKSONVILLE BEACH, FLORIDA 241-8660 SHEET! OF J._
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