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
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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.
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June 2, 2020
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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.
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June 2, 2020
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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
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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
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