535 Atlantic Boulevard 15-CVPR-2411 CDB Minutes 11.18.1997MINUTES OF MEET{NG OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATIANTtC BEACH, FLORIDA
November t8,_1997
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Sharette Simpksns
Mary Walker
Pat Pillmore
Huzzy Grunthal
AND George Worley
Alan Jensen
Pat Harris
ABSENT : Mark McGowan
/^"~; Chairman IIon Wolfson calledthe meeting to order and askedfor approval of the
minutes from the special meeting of September 23, 1997 meeting. On motion made and
seconded the minutes were appraved_ The chairman asked for approval ~ the minutes
from the meeting on October 21, 1997. Mr. Frohwein noted that the variance granted to
Mr_ and Mrs.. l.uoey should. include. thatthe construction. be commenced-within. a suc month
period. He also noted a scriveners error at the end of page two. On motion made and
seconded the minutes were approved as c~rcected.
I. Application for Variance filed by Clinton Burbridge, III to construct a fence
that.exceeds..the_heighirequirementsat}~roperty located.at27Q6th Stc~et.
Mr. Burbridge introduced himself to the board and explained that his request
originally camebeforett~ 6oardinluly of this. year butadionwas.deferredathis-request
until further traffic study information became available. He requested that the board act
aa-hisapplicationaventhoughatrafficstudy ktadnothaenpetformed.
The board discussed the various codes relating to fences, hedges and height
requiremeats_ The.chairmactcitedSectioa24t57(b} which states_thatnafenc~,-vim or
stricture exceeding four feet In height nor plant, hedge, shrubbery that exceeds three feet
in height-be placed..upon real.property_uvithin adistance_of 25 feetfrom the paintwhece.the
right-of-way of any road or street intersects another road or street. The applicant stated
he_v,~auld be witting to amend his-applicationia camplX with this sect'wrL-
Mr. Frohvuein stated that he found nothing in the code that prevents a six foot fence
provided it is 25 feet from the point of right-of-way previously discussed.
Mr. Worley explained theta secondary frontage, being the widest street frontage
on a corner lot, requires a 15-foot setback and the City has set a precedent regarding
heights of fences or shrubs in this side yard setback.
After discussion, Mr. Frohwein moved to grant the modified variance and Mr.
t;runthal seconded the motion.
The Chairman expressed. his concern for safety of children going to and from the
beach as well as mothers with strollers and children and adults on bicyces.
Mr. Grunthal stated that he did not feel that the proposed fence would not cause a
traffic hazard to pedestrian or vehicular traffic.
Mrs. Walker expressed her opinion that the 25-foot restriction would hopefully
address the safety factor and she agreed with that Section 24157(d) addressed the
s'duation of comer lots and did not fees that the 15-foot side yard setback for comer lots
included fences. -
Mr. Jensen told the board that the City has never allowed a sic foot fence abutting
the road to be constructed within the 15-foot setback. -
After further disa~ssion, the Chairman pointed outto the board that the application
should specfically refer to Section 24-17 and Section 24-157(a). He called the vote and
upon a rollcall vote the variance was granted with four aye votes from Mr. Frohwein, Mr.
Grunthal, Mrs. Simpkins and Mrs. Walker, and two nay votes from Mr. Wolfson and Mrs.
Pillmore.
-. II. Applicatinn for Use-by-Exception filed by Jeff B. Moneyhun to operate a cabinet
shop at property located at 1200 Mayport Road, Unit 2. -
Mr. Moneyhun introduced himself and explained that he desired to open a cabinet
shop in the center section of the building located on the property. He stated he has been
in business four years he is the sole employee.
After discussion, Mrs. Piltmore moved to recommend approval of the use-by-
exception. Mr. Wolfson requested to include in .the motion that the use-by~xception. be
granted solely to the applicant for this location only and that there be no outside storage
of materials or overnight. parkingof vehicles. Mrs. Pillmore agreed to the amendment.
Mr. Grunthal seconded the motion and it passed unanimously.
III. Application for Variance filed by Barry Adeeb to construct additions to an
existing nonconforming restauraht at property located at 501 Atlantic Boulevard.
Mr. Adeeb introduced himself to the board and reminded the board that they
~ granted a variance to him four or five months ago and stated he would like to amend his
application.. He presented platplans showing the previous addition and explained that he
desired to construct a 16.8' by 12' addition an the northwest comer of the building...,He
stated that he would eliminate the storage building he recently constructed to the rear of
the building.
The Chairman explained that the nonconformance exists on the east side of the
building and anytime the applicant desired to add or remodel any portion of the structure
that it would be necessary fior him to obtain a variance due to the existing
nonconformance. _
Mr. Adeeb explained that the appraised value of the property is $104.00 and the
previous improvements were valued at $45,000. He stated that the sjew eddition would
be 200 square foot with a value of $4,000 to $5,000. He stated that the owners of the
property had repaved the parking lot, replaced the wood curbing with concrete -and
landscaped those areas.
Mrs.. Walkec moved to defer the application until something specific was presented
regarding landscaping. There being no second the motion died.
After discussion, Mr. Wolfson moved to grant. the variance conditioned upon the
~-, tenant and landlord bringing the site into compliance with the landscape ordinance and if
not complied with within sixty days of completion of construction the matter could be
brought before the Code Enforcement Board. Mrs. Pillmore seconded the motion.
Mr. Jensen explained that the board should not consider the landscape ordinance
until it is triggered by the value of the construction.
Mr. Wolfson moved to rescind his motion and it was seconded by Mrs_ Pillmore. He
then moved to grant the variance provided if the landscape ordinance threshold is
exceeded and the applicant desires to proceed with the project that he comply with the
landscape ordinance within a period of sixty days. Mr. Wolfson amended his motion to
include that the variance be granted for a period of 12 months with the 60 days for
compliance with the landscape erode. Mrs. Pillmore seconded the motion and the variance
was granted by a_unanimous vote.
IV. Request for lteptatting submitted by Beaches Counseling. Associates to
construct a 20-unit townhouse complex at property. known as lots 3 through 6, Block 74,
and all of Btoclc 75~ Se~ion H.
Lynn laein of Beaches. Counselir~ Associates- ir>trncL.red hetsekf and explained that
the property includes Block 75 as well as Block 74. She explained that the request is to
repfatten ~s into. a suigte parcel to alkouu the ~ior~ of a2II-unit townhouse cx>e~ex
vaitth off street parking and common amenities including a.swimrriing pool.-
\_
~., Mrs. t0ein explained thatthe complexwould be rental. property targeted though not
exclusively to military personnel She indicated that a management company would be in
charge of the complex
Mt_ Erohwein citedSection24t88-iclwhich applies to replatting.
Mr. Worley stated that no action was necessary from the board at this point in the
replatting procedure.
V_ Application for Valance filed by'Chomas Weirich to c~nstaut a sunroom that
will encroach the rear yard setback at property located at 70 West 7th Street.
There being. no one presentto speak on behalf of the application the matter was
deferred until the next meeting. ,
DiSGl1SS101~41TEM:
The Board discussed requests for improvements to existing nonconforming
stnxxtuures. Mrs. Walker expressed her concern as to whether hardships exist in many of
the requests.
(„~ The consensus of the board was to continue to .address each application
individually and endeavor to communicate with each other their feelings in connection-vuith
each request.
The' Chairman requested that a discussion item. be placed on the agenda for the
next meeting regarding a nonconforming fence located at Beach Avenue and 18th Street.
The Chairman. also requested that staff report at the next meeting. the status of the
situation regarding the nonconforming metal building at the auto storage property in
Section H.
-There being. no further business to cocas before the board on ma>:ian made the
meeting was adjourned. ,
S16NED ,M • ' o `
ATTES ~1.l~-~