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Community Development Board - 02 Jun 2020 - Minutes - PdfPresent: Also Present: MINUTES - Special Called Community Development Board (CDB) Meeting Tuesday, June 2, 2020 - 6:00 PM Commission Chamber Linda Lanier, Member Kirk Hansen, Chair Sylvia Simmons, Member Brian Major, Member Mark Tingen, Member (joined by phone for discussion only) James Moyer, Member Jennifer Lagner, Member Brenna Durden, City Attorney (CA) Brian Broedell, Principal Planner Valerie Jones, Recording Clerk Amanda Askew, Planning and Community Development Director (PCDD) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approved minutes of the February 18, 2020 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. ZVAR20-0002 PUBLIC HEARING (John Logan Tysinger) Request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Major asked if the property was residential and Planner Broedell acknowledged that it was single-family residential use in a commercial zoning district. He also asked whether metal was allowed on detached garages in other areas of Atlantic Beach. Planner Broedell said yes, metal is allowed in other residential zoning districts but is not permitted in this location due to the commercial corridor overlay. Mr. Moyer asked the applicant if there is another material that could use for the garage. Chair Hansen said to save this question for when the applicant speaks. Ms. Lanier asked if the other out building currently on the property would be allowed to stay. Planner Broedell said that the applicant is allowed to have 3 total detached buildings (house, garage, shed, etc.). Community Development Board (CDB) June 2, 2020 Page 1 of 5 APPLICANT COMMENT: Mr. Tysinger explained that he would like to add storage to his property. He said that he did get a quote for a wood garage and the cost was doubled. Mr. Moyer asked if he was going to match the color of the home and Mr. Tysinger said he would. Ms. Simmons asked if there was any other options on exterior coverings. He explained that due to the design of the metal framing attaching another covering to it would not meet code. Mr. Tysinger said that the building he is proposing is rated for hurricane force winds and is very strong. Ms. Simmons wanted to know if some of the surrounding properties had metal buildings. Mr. Tysinger pointed out several properties that already have metal buildings. He spoke of other improvements that he has already made to the property. Ms. Lanier asked Staff about the zoning history of the property. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Major asked Staff if the idea of the code was to limit residential or commercial buildings from having steel structures. Planner Broedell said that the original intent was for commercial buildings. Ms. Lanier commented that she took a drive through the neighborhood and was very pleased with all of the improvements. Ms. Lagner said she drove through the neighborhood and agrees with Ms. Lanier. Mr. Moyer was in favor of all the changes that the applicant has already made. Ms. Simmons said she agrees with the Board and they should pick one of the reasons for approval. Chair Hansen added that if this property were to blocks over, there would be no need for a variance. He suggested that reason number 3 "exceptional circumstances preventing the reasonable use..." would work for this situation. MOTION: To APPROVE ZVAR20-0002 due to exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Mr. Moyer said that the Board should add a condition to paint the building to match other buildings on said property. The motion was amended with the condition that the building be painted and maintained to match other buildings on said property. Motion: Sylvia Simmons Second: Jennifer Lagner Mr. Tingen made some comments and further discussed the reinforcement of the building. Linda Lanier For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major For James Moyer For Jennifer Lagner (Seconded By) For Motion passed 6 to 0. Community Development Board (CDB) June 2, 2020 Page 2 of 5 B. ZVAR20-0004 PUBLIC HEARING (Hoose A LLC) Request for a variance for relief from required floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H). STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. City Engineer Steve Swann explained to the Board that he doesn't have a problem with this request due to the fact that it is located near the intracoastal waterway. The intracoastal waterway is an infinite water body and will serve as floodplain storage. Ms. Simmons asked about water retention and Planner Broedell said that is located on the back of the property. He explained that the water retention storage is different than floodplain storage. Ms. Lanier asked whether they would be approving all 3 lots. Mr. Swann explained that it is currently 1 lot that has been approved for platting to 3 lots. Ms. Simmons asked whether it would affect surrounding lots. Mr. Swann said that it would not because there will be on-site storage. APPLICANT COMMENT: The applicant was not present. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: All of the Board spoke in favor of the variance. MOTION: To APPROVE ZVAR20-0004 due to exceptional topographic conditions of or near the property. Motion: James Moyer Second: Linda Lanier Linda Lanier (Seconded By) For Kirk Hansen For Sylvia Simmons For Brian Major For James Moyer (Moved By) For Jennifer Lagner For Motion passed 6 to 0. C. ZVAR20-0005 PUBLIC HEARING (Timothy J. Geddes) Request for a variance to reduce the required side yard setback for detached garages up to 25 feet tall from 15 feet total to 10 feet total to allow for a detached garage with guest quarters at 46 15th Street (Lots 11 and 12 except the west 48 feet, Block 61, Atlantic Beach Corporation). STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Simmons and Ms. Lagner asked about the existing non -conforming structure to the north next to the property. Community Development Board (CDB) June 2, 2020 Page 3 of 5 Director Askew said that it has the ability for someone to live it. Ms. Lanier asked about the proposed structure and whether you could park a vehicle in it. Director Askew said that the structure was roughly 15 feet wide and living quarters above. She said that it has a garage door on it and would accommodate one car in it. Mr. Major wanted to know if the existing non -conforming building to the north was right on the property line. Director Askew said that it was very close if not on the lot line. Ms. Lanier asked what could be done if the non -conforming building was torn down. Director Askew said that if they just remodel it then it is grandfathered in. If it was torn down it would have to meet current setbacks. APPLICANT COMMENT: Nicholas Renard of Dig Architecture introduced himself as the architect representing the applicant. He explained that the existing garage is 5 feet from the southern property line and 7 feet from the garage to the north. Mr. Renard said that the proposed garage would be a single car garage with some storage. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Karen Perrin of 1502 Beach Avenue introduced herself. She presented some comments in writing and pictures. There was a 5 minute recess so Staff could scan the documents. The meeting resumed and Ms. Perrin read her comments to the Board. Ms. Perrin had concerns in regards to parking. Ms. Simmons told Ms. Perrin that the Board was only in a position to address the variance and not parking. Ms. Perrin said that this variance would affect light and air, street congestion, public safety, etc. Mark Johnson of 175 15th Street introduced himself. He questioned whether or not the correct setbacks were being used for this variance. Mr. Johnson believed that the designated front yard wasn't the actual front yard, thus changing the setback requirement. He also had concerns regarding parking. BOARD DISCUSSION: Ms. Simmons said that unfortunately the dividing of the property in the past has set it up for failure. Mr. Moyer said the lot only has so much space. Ms. Lanier asked Staff for clarification on where the front yard is located on the property. Director Askew said that Sec. 24-34(b) says "lots having frontage on Atlantic Ocean, the front yard shall be the yard which faces Atlantic Ocean". Ms. Lanier asked if the garage could less wide. Mr. Renard said that the new garage would be further from the street. He said that due to the use of concrete block for the walls of the garage they are already loosing width. Mr. Tingen was not in favor of this variance. Mr. Major asked how high the building would need to be to meet the 5 foot setback. Director Askew said it would be a 10 foot wide structure to meet the setbacks. She said the height doesn't affect the side yard setbacks. Chair Hansen said he was not in favor of this variance. Ms. Lanier asked if the existing garage could be remodeled and maintain the existing setbacks. Director Askew said that it can be remodeled with the existing footprint but if you add to the existing garage then the new portion would have to meet setbacks. MOTION: To DENY ZVAR20-0005 because variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or relief from a situation created by the property owner. Community Development Board (CDB) June 2, 2020 Page 4 of 5 Motion: Linda Lanier Second: Sylvia Simmons Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons (Seconded By) For Brian Major For James Moyer For Jennifer Lagner For Motion passed 6 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT Mr. Johnson asked for clarification of the front yard. Ms. Durden said that Atlantic Ocean is the front yard no matter when the home was built. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:28 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) June 2, 2020 Page 5 of 5