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Exh 8B
S~ • s-/o•99 STAFF REPORT AGENDA ITEM: Application for Use-by-Exception for Painting Contractor business at the southwest corner of Mayport Road and Edgaz Street ~l SUBMITTED BY: George Worley II, Community Development Director ~.~ y DATE: May 4, 1999 BACKGROUND: This is a request for an exception to allow the applicant to operate a painting contractor business. The applicant will construct a building to house this business on the existing vacant lot. This is a contracting business which is listed under Uses-by-Exception in the CG district: The applicant proposes to pazk 5 commercial vehicles on-site. No retail sales aze anticipated, so customer parking will not be necessary. The applicant proposed six spaces plus an overflow area which can accommodate at least four additional spaces. Landscaping and exact parking arrangement will be required as part of the building permit application. RECOMMENDATION: After review and discussion, the Community Development Board recommend approval of this Use-by-Exception subject to a limit that not more than five commercial vehicles be parked on- -site, that at least ten total parking spaces be provided, that no outside storage ofpaints, chemicals or other hazardous materials be permitted, and that the exception be granted to the applicant only, for this location only. ATTACI~R~IEvIENTS 1) Application for Use-by-Exception 2) Staffreport to the Community Development Board 3) Draft minutes of the Community Development Board meeting REVIEWED BY CITY MANAGER: AGENDA ITEM NO. ~~ Please Type or Print in Ink Applioation Fee X100.00 APPLICATION FOR "USE BY EXCEPTION" ~~~~~ V~~ Date Filed:____J„~L~~~~ b~41? t 0 1999 Ctty df gtlantlc Basch. gutlrling and Zantng Name and Address of Owner or Tenant in Possesaicn of Premises: Phone r7 L.~ Fiume s ____ a ~J _ a f lD~__--__-- Street address and legal dosoripticn eaf the premis3es ae to which the "Use by Exception' ie requesateds _ L.o~_~ __YYIa~~~o-2~ --~ ------------------------------------------- A description of the "Use by Exception" desired, xhich shall specifically and partiaulerly deeoribe the type, charaoter and extent of the proposed 'Use 6y Exception's ~~.ivtk'~~_ C~'v~~ro'.e~-~~~'--i,~isl~~es__ ~o __k~t,~.i_ld _ e,~ic~.:~~'~ 13e_. ~~ ~n ~'Fx~ m1~.S- Speoifia reasons xhy the applicant feels the request should be granted: Zoning Clesaifiaation s ~ '~ Signature of applicant/appliaant'e authorized agent or attorney. If agent or attorney, inolude letter STOA applicant to that effeot. L____________ _ _ Signature of^oxne of the property. Application cannot be processed without oxners signature. ' Applioents Do not~f ill-in beyond this point. }ioxever, be prepared to respond to the ~olloxing 3temss ' to+lc iA1( 5Y$Tg~ pFQF 1d, ;9042417766 Feb. 18 1999 t12:57Pfl pZ •~ ~ ' . • MAP BiiC~lNiNi# ~1RNE1r OF A -AJiT OT TRAT PART OI 00~111R1ENT LOT J, FAACZIOKAL SECTIOtI 17• TCtdlStlIP 2 SOUI'!t• AAlIOS 21 EAS2• DWAL 0001fT7. TIARSOA, S1t0Ytt AS IAAGT XQ. 4 INOTaD J3 NOT IDCLUDB7 IA THIS Tskr~ oN MAr o~ ootixu•s AsTUr• As ~IECaRaaD n1 PLAT aamc 14, rAat ib, oT 7AE CURRENT PUiLSC ilDC01~.4 0/ SAID COUNT7. t10RE PARTZdJWtLY DESCt111lED AS PCLLOHSt TOR A POI1tT OF ' lsCltaR110, CC1f¢RiC7! AT SAL IATERSECTION OF ]1!T 30VI11LRLY AICNL OF NAi LIXL OF LDCJIR S'CAELL IRS !IW'ESTADISSRED AS A 50 TOOT !1:CRT OF VAII 1t21'N THE 11ESi'EALI AICHT OP NAT LINE Of MA7l~Oit7 110AD A-t•A A1tD 101 ~ 7t7fi1LRt,7 STA72; ROAD AO. 260 (AS NOM EsTAOIS.vtED AS A 100 TOOT AICtQ OT 1+47)1 TAE7ICL 9.20•J9'20'V,~ AIAtq SAID MLSTBRL7 RZCiCC OT NA7 LZ:tE OT t1ATPORT ROAD A DISTARCS QT 7t.A0 TTJCS't THJ7fCE N.flb•OJ'JO.11.. ALOd10 THE SOUT1tERL7 LINE OF SAID TRACT ~. 4, 1 DISTANCE Q< 111.71 TL*.Tt TH6RCF. 11.20.39.20"T.: A DZSTANCL OF 61.J6 TLS:t SlitltCE N.09~00•A2~E.• ALOttC 8AID SOtJTFtEAL7 AIQiT OT WAI LZNE Ot LDCAR STREET. A D13TANCE Of 115.00 TEST TO TJ;s 10IttT OF HLCI.'tNINC. ' :~..: ., . v.~d:..b '/~ scot-c : 7.t . 0'1;.1 Mrs+. Q,.p..~.1',, S1,b - - .. arOGAR •• STREET .,..--- • / . . nr ~`..„~ ~ • ~ `` 0' v~ , ' So' ~_ --y~ s•trw ~.~r ~y -tit. ~ PgRI- O/ GOVT Logy. F.IwCTwn~vwL ~.ac. r •~~ o 0 ~ t~ ti pPo~, ~`' 4• -r.h P ~ ~ . P.a~ . 0~ o _Q'OCv~¢~~ ~ /~a~.{T~ ~~ i`( h~ ~ ~~~ ~ ~"Poa ~~ .t • lJYVI IS A LA./o ti/.lr~K • TMi/ /4n+^!•--Y LXt by rL~oo ro.Ie'•c' AhRC.~/ y /N >7Mf w.I+tw At AMrMtiIwG ftQaurv6. , • Au.~wos n4v d.IJIlO o•~ d71+7Y ~ ~i-~H r.~ ,~ov a4~vr+ • vnw.wyla•t e . o ~ ~o o ~ OM d~ 1 ~ • t by toM r ~r h+ 1 M • >rw Nwrte~' esarar L'u+i~an- tA+~+~1 ••~•~~•ww.w.wJ~'{i~L.l• LAwo ~ , ~~p G~eL+1af4 5 ~~~ w. ar w. wr• 1~•r•I"w.r ~r ~7t0 ~CAL.[t /~s9~D• Fh~011 Panasonic FIaX SYSTEhI PW]t IE FIO. 90A2A 17706 Fcb. 23 1999 07:12FM P2 r-KSt tl! i ri ^ STANDARD ACREEh1EN7 OF 1 THE NORTHE,0.8T FLORIDA ASBOCIaT1oN Op REALTORS, INC. FOR USE 6Y NIENt9ER8 ONLY tlfiAjTOF~ f URCHASI: AND SALE AGREEfdpN'r AND OCP09tT RECEIPT ~E't'DR® ARtles t '~ ('BUYERS, nd~f ~E°COIr ~/ILIiI'~~S f ~~~~~l~us ~~ ('SELLER'), htctt terms may t» stn ar or plural and I ude rho sucaeaaors, personal reprocental' sand assigns or 6ELLER and BUYER, ereby agar that t3ELLER wiil sell and BUYER wilt buy the foilowing property ('Prooert~7, upon the following terms ana corxntlons tr smplated or matltQd. In any n(net o(lerms or eondittons, that whloh la addod will svpereodo that which k printed ormerked, Tho ropa(ty li In _ ~~,~~V' ~ County, Florida end Is~erari!)td as follows (lf lengthy, Attach 1cQa1 ducipUon): .ODRESS: l~T ~ mQ.L1 ~ hIC ~ {~/ 7+P~__~t,G~.2.~ la understood that the Property wUl ba eyod by GENERAL WARRANTY OEED (unleae otnerwiso required herein) eubj¢ct to cvrrerd Ixts, ext:ling zoning (unless aoecifed olherwlse in paragraph 1Z), covenants, restrictions, and eneomcnta otroeord. TOTAL PURCHASIE PRICE t0 be paid by BUYER la payable as (otlows: (A) Binder d.potlt, whkh wlil remain at binder until eloeing, unless sooner (orfeltod or felurnad, according l0 1l1e provt^ions of Ihit Iprvemant ................_....._....,....................»..................»...,.»...i 3 (fl)Jtdail{t~wl.bindor drposii duv wlVtin r days eRer acrsptence of wia Agreamont....:.» S '•~~ ~ ~~Z (C) Balpnu dus el doc~ng (not hduding BUYER'a closing spate, Drcptld i amt pr prorationt) In . . Us. cash or locally drawn ceri5.d or eathiafc chock .. spprox~_ execUy~~ S ~T~D ~ • trs[.. ~/ (D) Proteedo or now noto and mortpipe to tw axeeutrd by BUYER to any lender other l ~K Ihan SELLER S ~ ~~ (E) Purehaea money mortgage and note to 6ELLER on terms eel Laub in paragraph 2C ~ (~ Exlsting mcnpnpe balanoo encumbering the Property to be assumed by BUYER (approximalety) tAcrtgagot Loan #; InL Rate P b I S s ' ~ n,~~y9 N °~7r ~ • ~ ~OTAL PURCHASE PRICE .....» .............»........».........:....epptox exaclly~_ :> ~., •- ~ 1 r r r. ( FINANCING: I! BU~ER dose not obtain the rogvlred tlndnclnp but othetwiav Coittpliet wah lha lvrmt hercol, the binder dopocil, Lett sale and loin processlriptcoatsincurred; wiil be roturncd to BUYER. ~ , (A} APPLICATION: Ap~iutton for the mortgage dascrlb¢d In pwagraph 1(D) will be made with a louder aeloelod M ( )SELLER or (JJ BUYER. Un:ess such mortpn~e loan to appravod, wilhaut eonliigeneioc aih^r than tnoto oornnuinty found h ` intliluGonolloon approvals, wlWn ~3t~ days or date of accoplenee of Ui(s oreeme,+l. SELLC•R or BUYER wia Nava the rlgnt to terminale this Agreement, and BUYER II rolurn to SELLER ag tine evidence an~i surveys tecetved from SELLER. BUYER will make eppileaHon fee financing wllhin ~ days of data of acceptance of llua Agreement and Gmoly furnish any and all Ctodil, employrne.tt, fnonclsl end'olhor Inir, mallon regvirtd by lendct. Il rho anginal loan appnt~Uon la denled. BUYER, it re4u eted by SELLER,wtll reappfywlthtn ~• 1 days of tuch repue~t rl aA ellernale InaGlutrQnal (under solaC,od b~. (~lti~`Q~ 1.( )FHA: "It is pxprassly agrocd That, nolwilhttanding any other provialona of thlu Contract, the PURCHASER thaU not De ohlipotad to complete Uto purchoso of the Ptopony deaerlbed herein or to Incur any penalty by lortcilure of eernael money dopoeilt or olherwlae unlect lhv PURCHASER has btvn given In eecordence with FiUDlFFtA or VA roqulrtmenis o written etalement by Iha Fedtral Hauaing Commicslonor, Department of Votaron AKalrs, or a Dlract Endorsemont kndcr eedGlp forth the epproiaed value e! the Property of not loos than i Tha PURCHASER chat Nava the prlvaog¢ and option of proc¢eding vnih concummaUOn of the Contract wllhaut regard to lht amount of the appraietd valuatioA. The appraised V7luation le arrived at to dalennlne the maximum mortgage lho Department otHoueing and Urban Oevetopment will Inouro, HUD does notwarrant Wo value net the eonditlon at lho Property. The PURCHASER should satlst/ hlmsolUhersel(Ihal the price and condition of the PropcrtY are acceptable.' ; (g} (C) l 2. ( ) YA: Ilia txprtsaly agreod that, nolwithalanding any other prvvisione of this AgreemcnL ttw 6UYC-R ehaU:+ot incur penalty by (crtohuro of aarnoct money or alhenvlta ba Ohilgatad to complete lha purchase of the Property desaibcd herein, N the Agreement purchase price or coat excerds the reesonabfe value of the Properly eelabtiehed by the Veterans AdministraUon. fie 6UYfiR oltall, howovor, hale No pnvllege and option of proeeedinp whit Iha consummation of the Agreement without regard to the amount of re.tonablt value etlabGehed by the VA. ( ) MORTGAGE AS9UMP71dN:.,BUYER undentandt that loan Interact ( )wia ( (will not accalate and it ( }variable ( }fixed ( } GPhL It mortgagee approval of BUYER Is requlrad tar loan assurnplion, BUYER will wllhin days~/rn+eke required oppUCOtlon and timely prwldt qunlitying ln(ormatlon ac required by tendor. 6UYER't ob(cgation to obis la tonUrtgant onlander's' approval of the assumption wllhin days of Iha date of acceptance of this Agreement. ( J 6ELLER: The bslanoe due 6ELLER wiU be ovidoncod by negotiable promissory noto of BUYER, cecurod Dyvatid purchase money mortgage on the Property end degvered by BUYER to SELLER dated the data of eloainp, bearing annvot intorest Of X And payable 3 par month for ( ) years (} months. PtiNlvge or prepayment ( ) does apply ( J does not apply. The mortgage writ be ( } due on sate ( }not due on sale or Property. Within days allot data 01 acceptance of thlc Agroomonl, BUYERtvlil Nmish all uedtt, emptoymenl and 11nanGal in:ormat:on reasonably raqulred by SELLER. SELLER will within days abet receipt or the lnformetion, deliver a written declslon to BVYER as to whether or not SELLER wdt mako the mortgagt loan ('Loan Approval'). this Agreement Is hot osttgnebla without consent of SELLER. L039 OR t1AM4DEt Ir the Property is damaged by Are or olhtreasualty prior to rJoetnp, and cast of realoradon dooa not axe9ed 1'/. of the acs¢ctod valuation or lht Imptovomontc rotated on the Propery, pact of reslorolion wet b. rn ObngaUorrof SEt1CR and Uoeinp wiU proceed pursuant to the terms of this Agreementwnh coil Iherolo oacrowad at closing. In the event the e~tt o! repair or restoration txooodn 37 of the assaesed vaWatbn of the Improvements and SELLER decllntc to repair or roatoro, EtUYER wib Nava lht option Ot ellhef taking Ute Property eels, togsther wllh either the said 94G or any tnauroneo procseds payable by virtue of such tort or domopo. or of canceling this Agreement. Past 1 0! 4 ' FR011 Partassxt l c FAX SYSTECI a `' PHOt•IE pill, :91442417766 Feb. 23 1939 07:13Pi1 P3 ti j. GUYlR WILL PA"!: _- LL (A) OLOSING COSTS: ('~Reeordinp teas lY1 Nola stamps (V~Irdanpr'bl• tare Credit report(s) I ortgepe transfer end astumption Charger ( J VA tundtng lase ( J Mortgage orlplnal(on fee ( J Mortgage tnwranea premium (~, Anomeylrl fee (J Mortpaoa discount not to ex«ed [ J Wood dactroyinp arpanlsm repoA (~1 Appraisal Jee I Survey ( )Tax ~ aerv'ao ( J ooc prep fee ( J Homo warranty (J 71t1a tnauronte policy [ J T1Ue search;and exam foe [ )Title Insurance endvraemenla ( J Undermittnp Fee ( J Flood Centftcadon Fv, f '1 Other ' (B)~ Ag other charpac twuired by tender, unless prohlbltad by law or ropulatlon, ~r,) PREPAI05: Prepaid IratDrd Insurance, taxes, Interest end mortgage ineuren~o I s, fogttired by rho lender. b. 9ELLER WILL PAYS l:.c ?~(~CI -! L) CL sL~;O COSTS: (~Cvvd stn . ~ s „~ 71t1e Insurance parley (~i 71t1e search t3nd exam ice •~`~ ttorne a ( e0l estate brokerage tae i Monpape discount net to exceed . Y• ~( [ SaUsfacUon OI mortgage and recotdinp loo (y(SurYey [ J Oac Prep fee (j Ropalr. or.roplatentants, kt addillon to thos6 In pareeraph 15 (C) ,not to exeead Y ( (For VA sale only, wood deatroytng orpanlsm report ( J Appraisal fee (,17ex aervie¢ ( J 7iCa Insurortce endorsements / ( (Boma warranty (~ Other (e) All other eherpee required by tender wtticlt BUYER Is pranlolted from paying by taw or reputation. (C) All mangepe payments and condominium and assoclatlon feet and ossosamonts wig be eurn:nl al SELLER'S expense at NC limo of elodng. (D) 9ELLER will deliver rotisfactory proof that BUYER will not b¢ pblipoted to withhold any of the purchase price under the Foreign Investment to Reat Progeny Tax Act or shall provide hand: at etoslnp to enable BUYER to meal the tax oblipahon. t!. PRORATIONS: All lazes, ranters, condominium Of 83sociallon tees, monthly mortgage Insurance premiums and interest on assumed mortgages will by prorated Through day before cbslnp, Ir part of purtdtaco pries Ic to Do evidenced DY assumption of a mortgage roqulrutp d¢poslt of funds In escrow for payment of taxes. Insurance or other ehargec. BUYER sprees to reimburse SELLER for the ecorowod funds atstpnetl to BUYER at closing. 7. NON.DE'vAULT PAYMENT OF pUCDHNi[S: . (A) II BUYER lade to perlarm. al! ben and sale Drocaacktp and eloelnp costs Incurred, whether the sense were lobo paid by SELLER or BUYER. wlil bo rho rocponsWlllty of BUYER, wltn caste deducted from inn Dlnaer tltpocit. Thlc will kuludo but not bo limilatl to the trenaaotlon not Boeing because 9ELLER elects not to make the mortgage to BUYER as provided In PtvaproDh 2 (CJ of fhb ApreemPnl or because DUYER does not obteln the requited Ortanclnp as provided In this Agreement or BUYER invokes eUYER's right to tertnina{e under any other oontirtgency In this egravmanL (t3) If SELLER falls to perform. aft Coen and sale processlnp and ctostnp costa Incurred, whether rho same wore to be paid by SELLER ri or BUYER writ bo the rvcponslDUJ1y of SELLER, end BUYER wgi be onlillad to thn return of the binder deposit. This wig include, but not be Ilmited to the transaction not closing because SELLER is unable or unwilGnp to samplers the transaction for a quallfietl 9UYER, or bvcauco the Property Boot not appraise far on amount aufficienl to •nabt• Iho lender 1o make Ctrs required loan, or becrtuan SELLER erect. not to pay far the a:toss amount Iri DataOraphs :t, 8, 13 (with resDecl to repairs), or DecOUSe the Boning b not as requ4ed to paragraph 12, ar boeauco SELLER cannot deliver a marketable lino, 8. DEFAULT: tf BUYER defaults under this Apratrmenl, all deposit(s) paid end .greed to be potd will be relain•d by 9ELLER as agreed upon g4uldar•d damapoc, eonaid•ntlon for Ih. •xeeution pt thlt Agreement and In tug eoldemenl of any claims, whoroupon BUYER .nd SF_LLER will b• reg•ved of adl obllgsllona to sash other under this AproemenL If SELLER defeuits under this Agreement, BUYER shall seek cep^eiGo performance In arbitration of erect to receive the return of BL'YER's dvposil(c) without thereby waiving any otUOn for damapei in arbitration resulting 1mm SELLER'S detautt. 9inder deposit(s) retained by SELLER as Iiquidalod damapoc wilt be disln'buted pursuant to the terms of the Gs['~np epreemenl. 9. BINDtNO AACITRATION: All Controversies and eleims between Ctrs BUYER, SELLER. o: Broker, directly or Indlreury, ricing out of or ralattnp to thlc Apraontent or this tranaa:lbn, well be settled by binding arbllrotion in the wunty where the Property is foeoled, using arbitrators selected from the tilt metnlairted by Northeast Florida Attorneys: Re,t Property Ctwncg and In accordaneo wile Its tutu, or another arbttratorwho Is muWally opro.abi. loth. parU•s.0lceovary wig b• governed by the Florida Rules of Clvn proeedute. Tho arbitrator will reeve oubpoana• for dlaoovery end for Iho arbitration hearlnp. A copy of saCh subpoena wgl ba Aled wltlt trio arbitrator. to an action for apeclAe p•rformanoo, any party may sit. a notice of arbiilallon In Iho puDlle reaorda. Tho arbtlratore wilt award Whomever preva,'tt tossonabl• attorney's lees and coals, defined to incWda foes gold to arbitrators and expert witnesses. BUYER and SELLER spree that no Roal Estala Broker vrilt by liable for misdefvery of any tleposlt(c) or Item unlee• cuch ntlsdalivery is due to rho wglful breech of Ws Agreement or groti nepggancv, NotwilhcVnding rho foregoing, In lha event o! a dispute between 9UYER and SELLER as to enttttemont to the binder deposit(s), the holderof lha bindar deposit rray fie an Inlerp:eaderaction in roust In aceordarte with appiicabte iaw ooivly to dolormino ontglontrnt to the binder dopoah(s), attomey's fees and costa, or the Broker holding the binder dep~sil(s) may request the iesuanee of an escrow dlsburaemant ceder from the Florida Real Eclato Commiaston and In ellher•vent the BUYER and the SELLER spree 1o be bound Neteby. This agreement to arbllrale wgl be epaelfieslly enforcoaDls under the prevailing arbitration law, and judgment upon the order tendered by the arbitrator may be ..ntervd by anY court having jvrtadiclion. tQ.TiTLE EVIDENCE: Wrlhin ( J days after date of oceeptance or (~~ days aner date or Loan ApTjrnvat wllhout eonting.noloa other than I)tose commonly found in Ins111ulional loan opproyels, 9ELLER veto Bolivar to 9UYER or closing attorney; ( 1 Tllia Insurance eommitmgnt for an ownor•e poUey In the amount of lho purchaas price ( i Titre insurance eomnvtnwnt for ntonpage policy in the amount of Ins new mort080e. Any aspensv of curing title dofobts such As but not Ilmltad to Iegat fees, diecharpo of liana and recorC'u+g faces will b^ paid by S2LLYaR. ' 11.SURVflY: YJilhln [ J days elver date of aCCeptencc or (~/j,,, f (1 days aAer data of Lonn Approvdt wl!houl c ntingonoloa other Than those commonly found In Inslltuttanat ban approvals, SELLER will tlofiver to BUYER or closing anomey: (v~A nevr staked turvey Baled within 3 menthe of etoslnp slowing .II Improvmenta new vitiating hereon and eertifietl to E3UYER, lender, and Ihv tote insurer. ( ) A eoDY of a previously rnado survey of the property showing a8 Imptovomente now existing Thereon. I ) No survey is re red. //~~ t2.( 20N:NG and RESTRICTIONe.~lntess the Property Is Bored ~dVlArrr.a ~ [>~y _ and enn ba legally used tot _ /r QM~nsn..e ,r'y~ 1 p,~,Q a I(Ihera la notice of proposed tonmp ehangee or dead or otnar reculetlons that could prev.nt cuch uao at rho time of closing, BUYER ~~' will have the rlpht to torminale thla Agreement. BUYER tvtll have 10 days fmm data of eeeeptanco to verity the ex:sung sontng and current prppOSed changes, and deliver wrllten notice of objections to SELLER or b• doomed to have waived objections. 13. TITLE EXAMtNATiON AND TIMk FOR CLOSlNO: ' (AJ tf title evidence end survey, ea aDecified above, show SELLER is vested wish o marxorabie tilt., the lransectlon WUI be dosed ' and Iho deed a ernes eiosJnp papers dvllvered on or betas. (J ( ) days aner date of aeeeDlanw [e/) ~ [~ deYS ceder date of Loan Approval and asnafpetien oteondniona In pnrogreph ill, if any, unlost extended by other~condlllons of rho Agreement. Marl;otoble GGe means tlNe which a Flpride titre fnstiret will Incurs as meritelaWo at Its reputes rotas and aubjed oniy to metiers to be cured at elo:Inp and the usual oxcrptions cuch as survey, current taxes, Zoning Ordinances, covonante, restrtctlons and vacomonte of rtcord. FFvhl : Pdndsonlc FAX SYSTEi1 PHOt•IE l•1O. :5042417746 Fcb. 23 1999 O7:16Pi1 Pl ;~ 19.(13) If title e~de,tce of survey reveal any defecto which render the title unmarkotobto, BUYER wit have ervon (7) days Yarn receipt . of title commitment and survey to nattfy SELLER of such title defecto and SELLER apreea to use reaseneble d~igenos to cure such defeclt al 6ELLER'r expenrr and will have 90 days to do .o, In which event Wt ttanaactlan w71 b. doaad within tan days atisr d.Cvery to BUYER or evldonce that such def~cta i+ave bean cured. SELLER aDrees to pay for and diochor~e all due and ~ deGnquattl taxes, Mans and ether oncurnbrances, ur~teas otherwise agreed. It SELLER la unaate to convey to BUYER a marketable uric, BUYER wltl have the riahl to lerm4teta lhlr Agreement, at Iho -ame time teiutning to SELLER otl title evtdonca and survoyc ricelved from SELLER, or 6UYER wilt hour the tight to accept such tale as SELLER may bs able to convey, erect to dear Ihia lransaclion uDOn the terms elated horrin, which aleUlon wt~l be exerc(cod within ten (10) days from notlaa of SELLER'a Inahlllty to cure. 1~. PROPERTY DISCLOSUREi SELLER JOet hereby orrtify and represent that ttto SELLER has legrl authority and capaGtyto convey the Property with oh Improvements, SELLER ropresenta Thal BELLER dodo not know of .ray materiel teat which offset the vatuv of t}w Proporfr other Ihan lhoto which BUYER con teadlly observe Excrpt: (A) En.rar ~Blclency: In aaoordono+ with Florida Stalula ti59.g90, notice le Hereby gluon lhnt Cho BUYER of root property wile a building for ocwpancy located thereon may have Cho buitdinD's enetpyeKKlency ta0rq determined. BUYER acknowledgar reeslDl of the energy-effiritncy rating (n(amatlen Drothuro prepared by lho Stara of Fbrtda, Dopartmvnl of Community AHa1rx at tree time of or pdar to BUYER slgnlnQ thin Agreement. (©) Radon Caa Oisolosurrt .Haden gee Ic a naturally occurring radiuacUvo gar That, when it has aCCUrtwlated in a building In tuftldent quanlltler, moy present health ricks to pcraona who ere arcpoavd to it over time. Levels of radon that exceed federal and etaly guidelinar have barn found In buildings In Fletlda, Addttlonat Informadon regarding raaon toeung may bo obulned from your county public health Unit. ' (C) Flood Zonrr BUYER Is advlaad to verify w~tn the Ionaer and rppropriate Oovematonl aoenoea vnc~lher flood Inaurence le ragvlred and what reslr(ctlona eppty to Improving the Property bred robulWing In Cho event of eacualty, tb. MAIN7ENANGE, INSPECTION AND REpAlR: SELLER writ maintain the Property in Ica Droaonl eondtlon unlit doainp, sxeapt for rormel wrar and tear oral any repalrt roqulrod by chic Agreement. (A) Inspeetlonr: BUYER may, at BUYER•s expense, wnduci inrpections as described below. It Is agreed Ihel the aorta c! InsDectlons below u any other Inrpottionc requerted by the BUYER aro eaompt from the terms of paragraph 7 of Ihls PurtJvso end Salo Agreement and w10 bo paid by lhr 6UYER reCardlesa of the outcome of lhia Agreement. If 8L'YEr~ tails to timely conduct any InrDOalion which BUYER Ic entitled to make undOt chic paragraph 13, BUYER waiver the dpht to conduct the Inspoetion and acupta the Progeny In Ile "AS l5' eondil(on, except as provided In paragraph 15(C) below. Ol1YERwdI repair all damagaa to the PtoGORy reaulttnp from InepoCGons and return the Property to itc pre-inspection cortd:tton. (1) Protesslonal Inrpoctlon: BUYER may, within (Zn clot drtvs aRrr ecceptanee of lhir Agreement, Inspect Ina Property ar have the Property Invpeatod Dy a profoeotonal Incpoctorwho sprelall:at in home Inopoetlons and holds an ocarpaliona! Geeraa for Such -^\ purpose of who hotdr o Florida license to baud. repair or maintain the items inspected. The Profaaelonal trrpedlon will bo l ~ conducted to dolermins If: (.) all mayor appliances; heat;ng, eoollnQ, rnechanlcat, etrtrlcal and ptumbinp systems: and pout equipment (Q any) are in working condition, axceDl : (b) Lho main sUuQuro and the roof and pool (if any) are ctruclutaRy sound and water tight: (e) the roof on the main structure bee a remdinlno economic life o! two (2) years or any tonQrr period required by tinder. 'Working Condition' means operating In t.'to mannor In which the Hem was dostgned to eperete. Tho Profosslonal Inspootlon U not Intended to diawver or note eoamo:lc conditions and SELLER Is not , obliged -o cure eosntotio wndlsiona or to bring any item into eompuana with currant building codes unlrzs n¢ce:tary to put an tram in working condition.'Cosmctic Condition" means aesthelle imper!ections which do not oSocl the working condition of the r.cm, ouch av, but not limited lo, toarc, worn aoota and dieeoloration of Aaor eover'u+gs, waltpapert. arwtndcw treatments, Wait Aotes, iuatchee, drnti, suapes, chips and cautking In bathroom eeilinp,wa9a. lloor{ng, tile, fixtures ormirrorr, and minor cracks In windows, drlvvvrays, sidewelha, pod decks, Barayt Ooote and polio Aoorc. BUYER must, within Gtteen (t 5) days after occoplance or lhts Agrormrnl, douverwrtnon rtot~er of any Nems Which are not In the eond(lion requited and a copy of the Inspeotoro written reDOrt. II any, l0 SELLER. (2) Walk.Through Inapoellan: BUYER moy. ra toter than two fY3 dove prior to rloaittg, walk through the Property aolvly to veriFy ' Mrat SELLE)Z has made repatn r.qutrod under this Agreement and hat ma4'tlalned the Property. No other Issues msy be taiaed as a reset: of the watkdhrou0h Inapecbon. (9) Aooere and Utllltlva: BELLER wlp make Iha Property avalleblr for tnspectianc during the time provided In Darapraph 15, and, If not, U:e time for Inapedions wdt be extended by the Umr access was denied. If uGlilies era not active at lha time the inspections are to De mode, BUYER wgl pay !o have the uGlilirs ootivatod for Ihoco purposes. (ti) 6rokar'a Natlce: Neither the Lltting Broketnot the SeiGnp Btokcrrrerrenl Cho condition of Cho Ptepvrty and hvl!hvr IS liable to oilhrr party in any mannor whatsoever tot that wnottlon. Thrrefore. BUYER and SELLER hetroy telcaao and hold harmlrsa said Bfokorc and their Ilcensoca from any alalm, tors or dame~e etiaing out of or occurring with respect to the condition vt the Property. a) Buyers Responribllity: Repair or roploeamentc td the Property shot Dosing or BUYER'e occupancy, whichever occurs fast, wiU ba BUY6R'a tasponeibrllty unl•et otherwise aQrerd IA writing, (e) Ftepslr: SELLER is obligated only to melee repalra and rrplaeamenla IdonGfiod (n the BUYEk's written notice det:slbed In paragraph 15(A} erect then only as Is necassary to brlnQ those Itrmr to the Condition tsqu'ved, unleaa alherwiea eatlonM tit this A9raernent. S>=LLER's obligation tc pay for regatta erect reptaermortts aro limited to the amount shown in paragraph 6(A) of Ihia Pgroan+enl, SELLER, wtthln (nn f1Q1 days abet rccelvlnp BUYER'a written notice of regatta and BUYER's lean appravat, l! oppltaDly, Witt beet repo(rc made in a wotkrnanP:kr mannor by an appraprlatrty ltcenaad p¢rscn. It such coals exceed the amour! apad0sd tit paragraph 6(A) and SELLER dec8nes !o pay lho extort, BUYER tray rxneal lhlt Agtaomont within lied f51 davc alter receipt of 9ELLEA'a nottu of SELLEA'a tetusal to pay by giving wrinon notce to the SELLER, orbs deemed to have elected to proceed wtlh the Transaction, In which went, BUYER Will reoeive oredit al eloring of on amount vauat to lht iota! of lice SELLER'S repair Ilmtt In parsgraph 6(A), If ottowed by tender. if ptohlblted by condor, SELLER wiu accomplish the required repair and BUYER wet pay excess amount to SELLER al ctoaing. To secure Ihr BUYER'a obllpatlon b pay Cho oxcocd fo SELLER, BUYER shalt deposit an oddtltonal binder ('Exe•aa Binder' with Cho Broker In the amount which, when added to the amount to be paid by SELLER. wet squat Cost or the repalra. TM Excess Binderwill not ha refunded to BUYER unleae SELLER la unable or unwttling to perform ltd oWigationc hereundrt. ^, (C) Y1ood.Orslroylnp Orpanlrmr:'Wood-destroying Oryarismt' meena arthropod or plant life wWCh moy damags a slruelute. 1 BUYER at BUYER'a oxponco (unrvct VA), may have the Prepody Inspected by a Florida Cer{itied Peet Control Fum to datermtno whelharthere to em vts~te active wood•dastroying organlcm hlretatlon or vioibto oxlcting damage to Cho Improvemontc tram wood-deelroying organlcmr. If 6t1YER la Informed of ettnor or both of lha torepoing,BUYER will notify 6ELLER within five (~) days by lumtshhg a copy of firm's written report. 6ELLER Witt have seven (7) davc from rrcaipt of Arnt's report wlThtn which to have eft such rveod-deslroyfng orpvnism domagoc whether visible or not, Inapeded and estimated by a Gcenaed building or 'ganorol contdUor,,,~r t Fa wt1l aav costa aI tree mrnt end r~eir of e11 wood deatroy'nn etnaniem report dan+aoe uD to on. p4rctnl ft Q°/r) or the P1~•ro OrICO, 11 such colic exceed tree amount agreed to be pall Dy SELLER and SELLER d+dlnoa to pay the excoaa, BUYER wltl have Cho option of (•) tormirwdnD this Agrromont. Or (D) proeooding with tNt Iransactlan, In vfilch event SELLER will bear rolls eoual to one percent (1.OS:} of the pur'cttate price. SELLER (e trot obligated t0lroel Ire Property If there la avidoncr of provtoua tnfoatation but no visible Gve Inlrlleuon and SELLER provides written proof to Buyer of previous lrcaln:ent Of tree Prapcny for wJr Infeatntlon by a Florida Cenifod Pest Control fum or Uanafers a currant bond or rorvlce agreement ... .~ ,_...,..,__ ._ n...._..r rr........ •FROt1 Panasonic FAX 5l97EDt '• u'!/:ld/1`!`!`! I1:v't ~~`~ ~~• :9042417766 ' you_uydros ,,r.,,,,v„•,~,,,,.~,~, ^... Feb. 23 2999 07:17PP1 P2 6.OGCUPANCY: (~ ELLER teprasenta That thoro are ra parties In occupancy other L'+an SELLER. BUYER wIU b. given oecuyanCy el dostnq unloet Otherwise epacd'ied harNn, tt oecupsney to to be dellveted prior to cfoatng, BUYER Paaumet eU nek of loee !o person. end Property tram rile date or occupancy, wUl be rerponaible and table !or melnlananw of the Property from said dote, end wit be deamcd fo have accepted rho Propar•.y, r.ol ana peraonat, !n Its existing condition as d lime of irking occupancy unleae dhenvtte agreed in wrtttnQ, ( ) Buyer understands Ihal Property 1. evsitable tot rant of ranted and the tenant may continue to pooaossbn lollowln9 cloi.+p unless otherwise e9reed In wrlUng, AU tleposits will b. Uvnsf.rrad to BUYER si etosing. . t7. P2RSONAL PROPERTY: intruded In the purdtasa price aro a9 tlxvd equlpn5ent such es. but not Umited lo, 0ulomaUc g~rago door opener d controls, drapery hardware, atlaUled righting Oxturas, mailbox, eotttng tans, fence. plants and shrubbery as now instattod on the Propom/,end these additiana! Mama: toms apeupcaUy exclud.d from that Agreement: ~DRIONA ~7ERMSr GONDRION~OR ADDENDA (Letter~l, B. C, O, etC.)n r ~ ~ o~-t~P~'tu.5o-~' c~ Vic" ~,b~-e Sr~a, p ri ~ ~". _ _ 19. COMPLE7~ aCREEMFNT: BUYER And SELLER acknowledge rer:elpt of a coyy of Urls Agreement: that rho Corms of (ho agreement are IDs ontrre agroomenl between thorn; and that they have not received or retied on Pny repreoontaUonc by Broker or any printed malaria) rogarding rho Property, b,cludtng but not Umited to, the UatlAg tntormation shoat, that aro not expressed in this Agraccrent. No prior or pre:snt tpreamsnts or roprAtentaUons wilt bind BUYER, SELLER or broker unt•aa incarporatvd into this A9re.mont ModiGcationt of this Agreement wail not b. Wndinq untott In wriUAg, ilgnod ertq delivered by the pally to be bound. Hendrrrltton erlypewsitten lerrns Interred In or ottachod to this Agraemont proves( over proprtnted terme, Stgnaturea, initials tnd modibcationc CotnmuntGlled by tacsim0e will be ecntkfered ae ariginvl. I(any provision of this Agreement ie or kecomeo Invalid cr unonlorcaabls, eft remaining provisions wll eonCutue to be fully atfecttve. This Agrtementwip not be retarded !n any public records. It not undentood, parties ahautd seek competent is9al advice. TiME t5 OF THE E55ENCE iN TNIS ADREEMENT. 20.BUYER'S ANp SELLER'S NDTICE9: BUYEFt and 9ELLER roprvaant that they hove nct entered Into Any olhat eproemenls with Roal Ealala Brokers other than lhoee named botow vrith regard to the Proporty. SELLSN and BUYER Alva 9rokrt DuGnorization to advico eurtoundinp na(ghbort who wail be the new owner of this Property, "Broker", as used !n Lhis ag;eemcnt, Is Intonded to rater to persons lieeneed SA toll real progeny to the State of Flortda. 2t,HOhtEOWNER6 ATSOCtATION DtECL09URl:: Napp!lcabto, aeo homeowners aesociatlondladosure summary atlechr:d hereto end Inca; orated herein by Ihia reference, Buyer ebaR not sign This Agroernent unlit 9vyer has roceived and reed the dicclocura summary, ~Z2.ACCEPTAHCE: Ir= TH1S OFFER l9 NOT SIGNED BY AND D2LtVERED TO ALL PARTIE6 OR FA OF ACCEPTANC coMrn I ATE I ~ WRITING (INCLUDING FAX) BETWEEN THE PARTIES ON OR BEFORE ~;~:81 ( ~ A.M~P.td, Data , this error WUt termintte. 2J,6GCROW DICCLOBURE: Att genies to this apraement, by sfpneh~ro below, agree that Eroker may prate ony ana art escrow funds In an interest bearing account pursuant to rho rutos and r.gutations of the Florida Real Esteta Comatisslon and rota.n any ' intorou earnedp as~the ~o~st assodatad with mainteranee at said escrow. ~-.----ACS C.•/r-----1' .Z61-73•U73 ~ 2 -2a-9~1 ~iwtl~a-K~ t.4c o?c Yr 3 sr 1-3/¢s' BUYER SOC, SEC. M DATE SELLER T SOC. SEC. +i OAT,; BUYER SOC. SEC. IY DATE SELLER tiOC. SEC. p DA7ts broker Jclns fn this Agreement to ovidgnco 8rokor't enneant to be bound try the provisions of parogreph 9 above. Broker, by tlgnatura below, ocknovrlodgoa recttpl of Z (~ cash [ j check, as binder dspotit, which Ic the amount spactlied In paregnpn 1(A) of this Agreement, It wtU 6e deposited and herd In escrow pending diabursemen. according to terms hereol, together w1h n aadttionat Dtnder tlepoahs etttowed by terms of this raamonn'^t n C I ~iN~X~ . IC ~/'i~~ Company By Title OROISEit'S PEE: SELLER agrees to pay Qsling B~ker named below according to rho forme of an existing holing agreement or as mulualry'apread In this Agreement, namely, _-„~__g5 of total purcttaaa price or f Llstinp Broker agrees to Day Soglnq Broker a commissiw, ar _ . ~ !ti of the gross purchase pries or $ I[ BUYER faits to porfarm and depeatt(tj la rctetned, 5+,45 thereof, aAor deduc et~oteDSta, wit be paid to SELLER and oalancs wiU be paid to Ilsting Broker es tut eonelderation of tiattng Brokw'c svrvicec. The amount paid to listing Broker wCf not exceed the Broker'e tee above provided. It the transaction does not ttCSe dve to 8ELCER'S rotusei or lellure to perform, SELLER will goy the Cult Jec to Ilsting t3roxer on demand. In any atDilration or ftr Uon a/ricl~g~o-ul: of lh~l./ A~amedn! C~~nce the Broker's fce, the p1ev01i g party w~1t/r~'eenver tvoaonabte attorney teas and eocts. ' 7'~G>'4'P~//i q ~/VF/[l~irjl /Itlj l wQ.. f ~>' fts.~~ r Tt~ t Firm Name~~o!~ 1~'') inq Brokejy Fir erne of Iltng her yeller Avthodxed Licensee Authors:ed Ucensee /~ 5 olkr Rape 4 or ~ Copyrighted by the Nanheaat Flortda A.eodettm or REALTORS, inc. Sere 9198 CITY OF ATLANTIC BEACH ~~ COMM[JNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: Apri120, 1999 AGENDA ITEM: # 4. a. Application for Use-by-Exception to operate a Painting Contractor business in the Commercial General zoning district. This is a request for an exception to allow the applicant to operate a painting contractor business. The applicant will construct a building to house this business on the existing vacant lot. This is a contracting business which is listed under Uses-by-Exception in the CG district. The applicant proposes to store 5 commercial vehicles on-site. No retail sales are anticipated, so customer pazking will be very limited. Using the commercial parking standazd of one space per each 300 square feet of gross floor area results in only five spaces required. The applicant proposes six spaces plus an overflow area which can accommodate at least four additional spaces. The drawing submitted by the applicant is a preliminary sketch. Landscaping and exact parking arrangement will be required for building permitting. The building, as shown, will comply with all required setbacks for CG zoning. Staffrecommends approval of this Use-bv-Exception subject to the number of commercial vehicles being limited to five, that at least six total parking spaces be provided on-site, that no outside storage of materials be permitted, and that the exception be granted to the applicant only, 'for this location only. AGENDA ITEM: # 4. b. Application for Use-by-Exception to operate a used boat trailer sales and service business on property zoned Commercial General at 1860 Mayport Road. The applicant desires to operate a boat trailer sales and service business at this location. The site was formerly a used automobile sales lot. The applicant has not specified the number of trailers to be kept on hand, nor the number of trailers expected to be under repair at one time. The property is zoned CG which allows new and used vehicle sales as an exception. Staff has a concern about the number of trailers to be kept on-site because they may be stacked and displayed in a higher number than automobiles can be. Staffrecommends limiting the l maximum number of trailers for sale to twenty. Similarly, limiting the number of trailers under repair to the maximum that can be placed inside of the building seems prudent as well. Customer parking as shown does not appear to be a problem. t Staffrecommends approval of the request with the stipulations that not more than twenty trailers be displayed for sale. that all trailers under repair be stored inside of the buildins, and that the Use-by_-Exception be granted to the applicant only. for this location only. AGENDA ITEM: # 4. c. Application for Use-by-Exception to operate a tea bag packaging business on property zoned Commercial General at 1179 Atlantic Blvd. The applicant desires to operate a business that includes prepazation of products such as tea bags and vitamin capsules for wholesale purposes. The proposed location is zoned CG which allows limited wholesale businesses. The applicant notes on his application that he will have delivery traffic but no retail sales to the public. The location was formerly a contracting business. There is adequate pazking and vehiculaz access. Staffrecommends approval of this request subject to the conditions that no retail sales be permitted, and that the exception be scanted to the applicant only. for this location only. AGENDA ITEM: # 4. d. Application for Use-by-Exception to operate a fitness center business on property zoned RG- 1, Residential General. The applicant desires to construct a building to be used as a fitness center on an existing vacant lot in the RG-1 district. The applicant believes that this is a use permitted by exception ~iuider 24-106 (c)(3) "Public and private recreation facilities". The term is not defined in the code and is not used elsewhere in the chapter. Each of the residential districts contain this exception. The proposed use will be located well within an existing residential neighborhood. Staffhas reviewed this request and has not found clear direction within the code to address this proposal. The use seems to be a commercial use and one requiring a commercial building. The term "facilities" is not defined to and in general usage can mean a building as well as non-habitable structures. It is staffs belief that the intent of this reference was to permit parks and playgrounds open to the public rather than commercial business uses. Based upon this interpretation of intent, Staffrecommends denial ofthe requested Use-bv-Exception. AGENDA ITEM: # 4. e. Application for Variance to construct a two caz gazage encroaching the reaz setback line on property zoned RG-1 at 159 Ocean Blvd. The applicant owns an existing residence on a through lot between Beach Avenue and Ocean Boulevard. Per Section 24-84(b) the front yazd is on Ocean Boulevazd. The building currently conforms to all required setbacks. The applicant proposes to construct an eight foot addition onto the rear and approximately ten feet onto the south side of the existing garage which is currently 21 feet from the rear property line. The applicant indicates a desire to construct an architecturally pleasing addition. They also indicate that it is possible to construct the desired addition without encroaching the setback. Based upon the fact that obvious alternatives exist which do not encroach the setback and that there is no apparent hardship in constructing a conforming addition. Staffrecommends denial of this request. AGENDA ITEM: # 4. f. Application for Variance to construct a covered patio room onto an existing nonconforming residence at 420 West 14th Street, zoned RS-2. The applicant proposes to construct an addition onto her existing nonconforming residence on the corner of Camelia Street and West 14th Street. The existing building is nonconforming as to the front (West 14th Street) and east side (Camelia) setback requirements. The proposed addition is to be a glassed-in room on the south side of the existing building. The applicant obtained a Variance in the past to construct the existing addition. The proposed addition is partially stepped back to meet the minimum setback of 15 feet required. t It has been the majority opinion of the Board to encourage additions to nonconforming structures to meet the required setback when possible. This proposal only partially meets the required setback. Based upon past actions of the Board Staff recommends denial of the proposed addition as indicated on the site plan. If the proposed addition were to be setback its full width to meet the re~c uired setback. Staffwould recommend approval. AGENDA ITEM: # 4. g. Application for Variance to construct a six foot fence within the fifteen foot side setback at 625 East Coast Drive. The applicants own a residence on the corner of East Coast Drive and Sixth Street. They desire to construct a six foot high fence on the Sixth Street side to the property line. This lot is exactly square rendering a determination of front and side under the Section 24-17 Definition of Lot, Corner impossible. Based upon the mailing address and building facing, Staffhas determined that East Coast Drive is the front. The proposed fence is to be of stockade and lattice construction. The applicants have provided considerable information supporting their desire for the fence at the six foot height. Staffhas discussed with the applicants alternatives including landscaping and a four foot fence to alleviate their security concerns. It is staff's belief that such alternatives should be thoroughly explored before a Variance is granted for a six foot fence. Based upon the possibility of viable alternative options. Staff recommends denial of the Variance request. ~' MINUTES OF THE COMMUNITY DEVELOPMENT" BOARD ~` OF THE CITY OF ATLANTIC BEACH, FLORIDA April Z0, 1999 7:00 P.M. CITY HALL ~ , . ~~R~ . t '~~~,y~~ PRESENT Don Wolfson ~ ~• C Robert Frohtivein ~.~ Mary Walker Pat Pillmore '~ Dezmond Waters AND George Worley, II, CD Director Alan Jensen, Esquire Pat Hams, Recording Secretary ABSENT': Buzry Grunthal Sharette Simpkins Chairman Don Wolfson celled the meeting to order and asked for approval of the minutes from the meeting of March 16, 1999. Some additions and corrections were made to the minutes and they will be placed on the agenda for approval at the ne.~ct regular meeting. The Chairran notified the board that Item 4(e) on the agenda has been postponed until the next meeting. I. Application for Use-by-Exception filed by David Rockwood to construct and operate a painting contractor office at property known as a Part of Government Lot 3, located at the corner of Mayport Road and Edgar Street (vacant lot). Mr. Rockwood introduced himself to the board and stated that he desired to purchase the property and construct a building to operate his contracting business from. He stated there would be no outside storage except for his five commercial trucks. He said he proposes siY spaces plus an overflow area which can accommodate four additional spaces. Mr. Worley explained that all setback, parking and landscape matters would be covered under the building permit when issued for the construction. µ° ,:,. After discussion, Mr. Waters moved to recommend approval of the use-by- exCeption following staffs recommendation that the number of commerdal vehicles be limited to five with eight parking spaces, no outside storage of paints, chemicals or other hazardous material and Mr. Wolfson seconded the motion for discussion purposes. After further discussion, Mr. Waters amended his motion to recommend approval of the use-by-eception as requested solely to the applicant for this location only, subject to the number of rnmmercial vehides being limited to five, and with ten parking spaces being provided Mrs. Pillmore seconded the motion and it vas unanimously approved. II. Application for Use-by-Exception filed by Randy Wilson to operate a netiv and used boat trailer sales and service business at property Iocated at 1860 Mayport Road. Randy Wilson introduced himself and stated he desires to operate a boat trailer sales and service business at the location. He stated that the majority of the service to the trailers will be done on the inside of the building and antidpated approximately 20 netiv trailers and 20 trailers for service would be located on site. After discussion, Mrs. Pillmore moved to recommend approval of the use-by- ~` exception with no more than twenty trailers displayed on site for both sale and repair. Mrs. Walker seconded the motion. The chairman expressed concern with safety regarding loading and unloading of the trailers at the site as well as entering and leaving the property by large delivery trucks through residential property. The applicant e~cplained that the trucks being used were flatbed trucks and not semi riffs and he could have them e~dt on Mayport Road. Mr. Frohwein suggested that the applicant be allowed 30 total trailers on site. After further discussion, Mrs. Pillmore amended her motion to recommend approval of the request with no more than 30 new or used trailers on site and that the use-by-exception be granted to the applicant only for this location only. Mrs. Walker seconded the motion and it passed with a three ayes from Mr. Frohwein, Mrs. Fillmore and lbirs. Wallcer and two nays from Mr. Waters and Mr. Wolfson. IIi. Application for Use-by-Exception filed by I?irk Mueggenburg to operate a tivholesale teabag packaging business at property located at 1179 Atlantic Boulevard. ~' Dirk Mueggenburg introduced himself and told the board that he purchased the . • /4 ~, building and desired to produce, develop, trade, store and manufacture health food products such as herbal teas and capsules and tablets. He stated that it is a brand ne~v business and he will have delivery traffic but no retail sales to the public. Mr. Frohwein requested that the applicant supply proof of ownership of the property to the City. He expressed concern regarding delivery of products by the semi trucks and their ingress and egress to the property. After discussion, Mr. Frohwein moved to recommend approval of the use-by- e.YCeption subject to the conditions that no retail sales be permitted and that the use-by- e~cception be granted to the applicant only and for this location only and Mrs. Pillmore seconded the motion. After further discussion, the board voted unanimously to recommend approval of the use-by-exception. N. Application for Use-by-Exception filed by Stephen Hale Mabry to operate a fitness center to be constructed at property described as part of Government Lot 3 and located on Dudley Street. (vacant lot) ~`~ Steve Mabry introduced himself to the board and e~cplained that he desired to build a building to be used as a fitness center on an e~dsting vacant lot in the RG-I district. He stated he believes that this is a use permitted by exception. He stated he wanted to operate a recreation center with jazzerdse classes. Mr. Frohwein stated that in his opinion it is not the intent of the code to have a commercial recreational facility as a use by exception in a residential zoning district. He stated that RG1 and RG1A districts are intended for the development of medium density two-family residential areas. The chairman agreed with the staff report that the requested use-by-exception is not an acceptable use under the RGI district but that the intent in this section of the code is for pools and clubhouses in private subdivisions and not a business being conducted in a residential neighborhood. After discussion, Mr. Frohwein moved to recommend to the City Commission that the use by exception be denied because commercial developments in residential districts does not follow the intent of the code. Mrs. Pillmore seconded the motion which unanimously passed. The board directed staff to communicate to the City Commission that they do not consider this use as acceptable under the RG1 District. R , I~ ~v'~-+yI V ~ii•~ t~ F~~'~'` ~~ Mr. Mabry requested that lus applicatlon be tivrthdrawn and not submitted to the City Commission for action. V. Application for Variance filed by Kevin W. Newsome to construct a covered patio to an existing nonconforming residence owned by Mamie Hurd at property located at 720 W. 14th Street. Kevin Newsome introduced himself to the board as contractor for Mamie Hurd and explained that he proposes to construct an addition onto her e~dsting nonconforming residence on the corner of Camelia Street and West 14th Street. Mr. Frohwein e~cplained to the applicant that for the board to grant a variance that it looks for the existence of a hardship that e~dsts with the land. Mrs. Hurd introduced herself to the board and explained that she owns the property which indudes three lots. She desires the addition to accommodate her large family and does not plan to ever sell the property. Mr. Worley stated that this is an e~dsting nonconforming building which was constructed as far back as 1965 and probably before that. The structure was not constructed to meet the current setback requirements on the front which is W. I4th Street or the side on Camelia Street. The applicant is proposing to put an addition onto that building. He stated that the hardship that the board has found for additions like this in the past is that the existing building is nonconforming and cannot be e~cpanded. He explained fiuther that Mrs. Hurd obtained a prior variance to construct an addition to the e~dsting nonconforming Mr. Frohwein stated he would be in favor of granting the variance if the side yard encroachment was not continued_ He stated he would like to see the 15 feet maintained on the side yard with the improvements to be redesigned. After discussion, Mr. Frohwein stated he would move to deny the variance due to there being alternative methods for the construction unless the applicant amended her application . The applicant amended the application to construct the addition and maintain the 15 feet side yard setback Mr. Frohwein moved to approve the variance as amended provided it is implemented within a period of one year. Mr. Waters seconded the motion and the variance as amended was unanimously granted. •. 6 f 31 L! ~. J ~;r, ~, VI. Application for Variance filed by Christine Lester to constrict a siY foot '~:;_ fence that will encroach the setback requirements at property located at 625 East Coast Drive. Christine Lester introduced herself to the board and explained that she desired to constrict a si.Y foot fence on the Sixth Street side to the property line. She stated that the fence would be 34.2 feet from the 4-way intersection so there is no question of visibility. She stated that the fence is to be of stockade and lattice construction. She stated she reviewed the question of intent in the code and feels that proposed construction is within the spirit and the letter of the code. She stated she felt a variance was not required in her interpretation of the code. . Mr. Worley stated that sections of the code in question should be Sections 24- I57 and 24-17. The members briefly reviewed the above sections and Mr. Wolfson stated that for clarification the code should be 24-157(b) which sets forth tivhere the fence would be allowed from the point of the right-of--way. ~Ir. Worley stated that 24-157(b) addresses what is commonly called a sight triangle. Section 24-157(a) addresses fence height in regard to location on the property, specifically, in reference to a front property line but has in the past been interpreted that the reference in 24-17 definition, lot, corner, the I5 foot setback is applied to accessory strictures, principal buildings and fences in the past. Mr. Worley eplained to the board that in the past there has been an interpretation of the code that we have enforced for years that the imposed setback requirement under the definition of lot, corner of 15 feet has applied to fences that exceed the 4 foot height limitation. He stated that the interpretation is based on the fact that 4 foot or shorter fences have no setback requirement in anyway and fences over 4 feet in height have a setback restriction that is conforming to a building setback line. He stated that the interpretation has been that since the word setback is used it has applied to as an overlay of the setbacks that are established by specific sections of the code that follrnv The sections of the code that address each of the zoning districts have a side yard setback requirement that are established in them. The greatest required setback by those established standards is 10 feet to a side property line. The lot, corner definition imposes a 15 foot setback which overlays the e~dsting requirements under the code sections that follow. it is not the dearest way to do it and is without doubt not the best way to impose regulations through definition rather than a specific section of the code. .~ ~~ ,iL~~~~ ~~ / n: `+ O/ 4, ,~ The Chairman explained that a corner lot cannot be compared to an interior lot. The Chairman read e.YCerpts from the previous meeting in ~,vhich the City Attorney gave his interpretation of the code. He stated if the board takes action based upon the opinion of counsel and the applicant feels that the action was illegal she can appeal the decision to the City Commission. The applicant stated that she originally wanted to install the 6 foot fence for safety reasons with her young children. After discussion, Mr. Frohwein moved to deny the variance and Mrs. Fillmore seconded the motion. The Chairman asked staff if the board could hold a special meeting to specifically address the sections of the code involved in.this issue and suggested that the applicant request a deferral until after such time as the review process and proposed amendment to the code could be acted upon. Mr. Worley suggested that the board call a workshop meeting the follotiving Tuesday for the specific purpose of reviewing a draft ordinance. He stated the board could revietiv the proposed ordinance and make a recommendation to the City Commission for final adoption. The Chairman stated that the proposed ordinance should clarify the intent of the code. He explained to the applicant that if the board denies the variance request she would be unable to return with the application for 12 months. After further discussion, the applicant requested that her application be deferred and the motion and second were withdrawn.. The C:tiairin.an directed staff to schedule a special meeting for Tuesday, Apri127, 1999 at 7:00 p.m. and publish the required notice. The board will discuss proposed revisions to the zoning code, specifically, Section 24-157. There being no further business to come before the board the meeting vas adjourned. SIGNED: r~ , ~~~~~~~ ~' ATTEST: