Exh 8B88
~ -/~-9~'
STAFF REPORT
AGENDA ITEM: Application for Use-by-Exception to operate a contractors business
office as a Home Occupation at l 09 Pine Street, in the RG-2
SUBMITTED BY: George Worley II, Community Development Director
DATE: June 8, 1999
BACKGROUND:
The applicant desires to conduct the office functions of his contractors business from his
home under a Home Occupation. Section 24-107 provides that Home Occupations are permitted
as Uses-by-Exception. Section 24-159 provides criteria and limitations on Home Occupations.
The City has approved exceptions for Contractors in the past and it appears that this request is
similar to those previously approved.
RECOMMENDATION:
The Community Development Board reviewed the application and recommended approval
of the requested Use-by-Exception with the stipulations that the applicant comply with all
restrictions set out in Section 24-159 and that the exception be granted to the applicant only, for
this location only.
ATTACHMENTS:
1) Application for Use-by-Exception
2) Staffreport to the Community Development Board
3) Dra$ minutes of the Community Development Board meeting
4) Section 24-159
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
Please Type or Print in Ink
Applioation Fee X100.00
APPLICATION FUR "U5E BY EHCEPTION" ~d... ~~~
' _ ai ~v ~ 1999
Date Filed: _ ~~~301 q~
City of ntlantic E3eacfi
Quiklint; and ZoninP
Name and Address of Oxner or Tenant in Possession of Premises:
~~..~'a___-L~.'_~~~,~~---------------- Phone
~~`L~~~_~!'~?-~i`Z ----------------- Works (_ct~?~,~3-33)J
~C~_~y ???Z-~13 _____________ Homes °!0 Zy~l 77b
Street address and legal description pf the premises ae to which the "Use
by Exception" is requested:
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a,~ CuRA~NL?u.~LC~...r~~ySR.~.P`~4f_~u,.nc= ~Y.~L~~CL~------------------------------
A description of the 'Use by Exception" desired, which shell specifically
and particularly desoribe the type, character and extent of the proposed
"Use by Exception':
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Specific reasons xhy the applicant feels the request should be grenteds
1'd~_4R.`?~il.i??SZ`L_~T??Zy ~e2o~"~~'_~T_~L Su~?~Gi P!{~P~jc.S'~_~r~Trry,y_v_~l,c_r_ ubs ____
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Zoning Classification s ~ C'T ~ Z-
nt/applicant's
authorized agent or attorney. If
agent or attorney, inolude letter
Eros: applicant to that effect.
Signii't~f oxner of the property.
Application cannot be procfased
xithout oxnere signature.
Applicants Do not"fill-in beyond this point. Hoxever, be prepared to
} respond to the falloxing items:
Signet -of app~.lca
FINDIN{35 OF FACT
_..~
1. Ingress and egress to property and proposed YES NO
struoturera is adequate. Prrtiaular rw.fwrwnae is
rrSade to auto>ROtive and pedestrian salwty and
conveniwnaw, traStio f1oM and control and acaeas
in c:ae of aatastrophwl ___ _~-
2. 013-street parking and loading is adequats.
Particular attention is paid to the iteas in i.
above and the ecanoaria, noise, glare and odor
ettwots of the wpeaial exoeption on ad~aining
properties and properties` Qenernlly in the
distriatj -__, ___
3. Locations of refuse and sorviae areas era
GoMp:tihlw xith surrounding papertios and are
esaily acaeasiblw. ~ ___ ___•
~. Locations, availability and aorapatihility of
utilities aro adequate. ,,,__ ___
5. Type, di~nensians and character of sarewning
and bufiwrinQ are adequate. ,~,~_ - ___
6. Signer and proposed exterior liphtinQ, xith
reterenaw to Qlare and traffic safety, era in •
hariwony and are cawrpatibla xith other properties ~
in.the district. ___ __-
7. Required yards wnd other opon spaoes are
adequate. --- ---
8. Thw use is genwrally aorapatihl: with ad~aeent
properties and ether property in the district. ___ .,__
COririUHITY DEYELOPriENT HOARD REPORT AND RECOMtfENDATIONSs
1
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ACTIQNS BX TfiE CITY COKtfISSIOHt .
~~#' ~h~ Jll~f ~!G SU~31l~Y ~F
A 1'!IR'1' OF 1..0'1' Gr.;'2, Snl.'rnIR S(:c'I':[ON Nt)Pllllat 'rluii{~: n': (IrC~RUI?ii ~[t~i I'i.n~l' i3~(iK to, PnC~ lE, OC• •rnl?
CURR~N'f 1'UULIC RGCORUS Ole UUVAL COUNTY, I~ LORID/1, MURE 1'flR'1"ICULARLY DI:.iCR:f.UI:U AS FOLLOWS:
1'OR A POINT Ot~ R(:('ERI:NC!'s, COMMI:NCL: A'f Tllfi SOU'l'1IWE:i'I' COr{IJER nl~ SIl7D f.0'1' F,f1:;; TIIPNCG
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131i0.rNNINC.
~o7ES:
. THIS IS A BOUNDARY SURVEY
• BEARINGS ARE DASED ON TiIE NORTIr RIGHT-IdAY-LINE OF
STURDIVANT STREET AS BEING S.89°47'44"lJ.
• NO BUILDING RESTRICTION LINE SrIOtdN ON PLAT
. THIS PROPERTY LIES IN rr.ooD 7.ONE "X" BY I'LOOD
I•iAPS REVISED APRIL 17, 1989, COMI•IUNITY YANEL L°
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LAND
SURVEYORS
Poat Olllea Onz 60670
//03 sovra3~rrv r7'
Jackaonvllle Oaach, Ftorl<Ie X2250
ere y ce I y Iat i s survey meets the
minimum technical standards as set forth by
tho Florida Board of Land Surveyors, pursuant
to Soctlon 472.~y1=lorlda Statutes.
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SIGNED ~.C~~/_~S~'S 10=,1
SCALE: _ I ~ - ~ ~
TW13 SURVEY i•IOT VALID UNLESS TFIIS PRINT IS EMYSOSSED WITFt TFIE SEAL OF TFiE ABOVE SIGNED.
CITY OF ATLANTIC BEACH
CO14~IlVItJhlITY DEVELOPMENT BOARD
STAFF REPORT
MEETING DATE: May 18, 1999
AGENDA ITEM: # 5. a. 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 staffs 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.
AGENDA ITEM: # 6. a. Application for Use-by-Exception to operate a
Contractors office as a Home Occupation on property
zoned RG-2 at 109 Pine Street.
The applicant desires to conduct the office functions of his contractors business from his
home under a Home Occupation. Section 24-107 provides that Home Occupations are permitted
as Uses-by-Exception. Section 24-159 provides criteria and limitations on Home Occupations.
The City has approved exceptions for Contractors in the past and Staff believes that this request is
similar to those previously approved.
Staffrecommends approval of the requested Use-b~Exce~tion with the stipulations that_the
~plicant com~iy with all restrictions set out in Section 24-159 and that the exception be granted to
the applicant only, for this location only.
AGENDA ITEM: # 6. b. Application for Use-by-Exception to operate a
vehicle parking lot on property zoned
Commercial General at West 9th Street and
Mayport Road.
The applicant desires to construct and operate a parking lot to be used in conjunction with
their existing business for the temporary parking of vehicles. The applicants obtained aUse-by-
Exception to operate their business across the street approximately t~vo years ago. The main
business involves modification of vans and busses to accommodate handicapped use. Among the
conditions placed at the tirrie of the original exception was that not more than 20 vehicles be stored
on-site. The applicants business has grown and they now desire additional parking. The applicant
proposes to fence in the four lots to create two separate parking areas to accommodate 30 vehicles
each. Section 24-162 provides the criteria for parking lots in all zoning districts.
Staff recommends approval of this request with the conditions that all requirements of
Section 24-162 be met and that the exception be granted to the applicant only, for this location
only.
~~.~~
MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
May 18, 1999
7:00 P. M.
• t CITY HALL
PRESENT Robert Frohwein ~~
Pat Pillmore
Mary Walker
Dezmond Waters
AND George Worley, Il, CD Director
Alan Jensen, Esquire
Pat Harris
ABSENT Don Wolfson
Sharette Simpkins
Buzzy Grunthal
Chairman Robert Frohwein called the meeting to order and asked for approval of
the minutes of the meeting of March 16, 1999. Mr. Frohwein moved to amend the minutes:
"°"~, to clarify a statement he made regarding Item II in the second paragraph on the fourth
page of the minutes to read: "Mr. Frohwein again expressed his concern with acting on the
application since he is unclear because of his review of Section 24-151(a) and (b),
Definitions of yard, side, structure, site triangle, setback, building line, building setback,
and lot, corner". Mrs. Pillmore seconded the motion which passed unanimously. The
March 16, 1999 minutes will be placed on the agenda for approval at the next meeting.
Mr. Frohwein called for approval of the minutes of the meeting of April 20, 1999. On
motion made and seconded the minutes were approved.
Mayor Suzanne Shaughnessy introduced herself to the board and requested that
the board hold a discussion to determine whether the Community Development Board
under its charter has jurisdiction over the cons ruction of the proposed Mayport Flyover
which exceeds the height limitation in the code and whether a variance is required:
The Chairman stated that Item 7 of the agenda is the review and discussion
regarding proposed amendments of Chapter 24; Zoning Code and it would be appropriate
to address the issue under that agenda item.
I. Application for Variance filed by Christine Lester to construct a 6-foot fence
that will encroach the setback requirements at property located at 625 East Coast Drive.
The Chairman noted that the section of the code on the application was inccrrect.
Mr. Worley stated that specifically, the board will be dealing with the definition of lot,
~a ~~~Y
corner which is in Section 24-17 and Fences which is 24-157 and the application is
amended~accordingfy.
Mrs. Lester introduced herself to the board and presented charts showing the
intersection of streets, sizes of rights of way, location of her residence as well as the
proposal for the 6-foot fence: She explained that the hardship that relates to the land
deals with the increased traffic patterns and noise alon_gyEast.Coast Drive with five 4-way
stops~o~e of which is at her intersection. She stated that she has spoken to all of the
neighbors who are in support of the request. She asked the board to consider the
circumstances and grant her request for variance which is the minimum request for the
reasonable use of the property. She stated that she would be willing for the board to grant
a temporary variance until a traffiic study was completed.
Mrs. Walker said she did not see how the traffic pattern affects the applicant's side
of the street. She questioned how a 25-foot fence. on the south. side would give any more
insulation than one that is 15 feet.
After discussion, Mr. Waters moved to grant a variance for 10 years to meet the
needs of the family and Mr. Frohwein seconded the motion for discussion purposes.
Mrs. Pillmore stated that she does .not agree with a temporary arrangement for
fences to be permitted at 6 feet or that children could be viewed. as a hardship for granting
a variance.
Mr. Worley stated that based on the information submitted his recommendation
would not be change.
After discussion, the motion failed with one aye vote by Mr. Waters and three nay
votes from Mrs. Walker, Mrs. Pillmore and Mr. Frohwein.
Mr. Frohwein requested staff add as a discussion item on the agenda far the next
meeting the matter of traffic flow an East Coast Drive.
After further discussion, Mrs. Pillmore moved to deny the variance. Mrs. Walker
seconded the motion and the variance was denied. by a unanimous vote.
ll. Application for Use-by-Exception filed by Bradley N. Bowen to operate a
contractor office at property located at 109 Pine Street.
Dorothy Hand introduced herself to the board and asked. for an explanation of what
impact the use-by-exception would have on the neighborhood.
Mr. Worley explained that the application is applied for under Section 24-159 which
addresses home occupations and that section of the code has a list of conditions which
must be met by any home occupation. He stated that the intent of the code is to allow. one
to operate a business with bookkeeping and gehe~al office functions and only family
members residing in the residence can be employed at the location.
Denise Rubin introduced herself to the board and expressed her concern about
enforcement of the section of the code and the integrity of the residential neighborhood.
The applicant, Bradley l~owen, introduced himself to the board and explained that
he fully intends to comply with the home occupation se~ti9n of the code. He stated that
he has ~ post office address in Jacksonville Beach.
After discussion, Mr. Waters moved to recommend approval of the use-by-exception
following staff's recommendation with the stipulation that the applicant comply with all of
the restrictions set out in section 24-159 and the exception be granted to the applicant only
for this location only. Mrs. Pillmore seconded the motion and the motion passed
unanimously.
Ill. Application for Use-by-Exception filed by Debra and Ted Jackrei to construct
a parking lot on property known as Lots 1,2,3, and 4, Block 40, Section H.
Mrs. Jackre! introduced herself to the board and explained she and her husband
desire to construct and operate a parking lot to be used in conjunction with their existing
business for the temporary parking of vehicles. She stated that she previously was
granted ause-by-2xcepticn to operate their business across the street approximately two
years ago. She stated she intends to use -imestone rock so the_ property can drain
properly and the property would not be covered with cement. She stated that the purchase
of the property depended on obtaining the use-by-exception.
Mr. Wariey stated that off-street parking lots are permissible under Section 24-162
where such lots are within 400 feet of the premises requiring the parking. He stated that
the property would be used solely for parking purposes far the business located across the
street.
Mrs. Walker expressed her concerning with landscaping and exactly what triggered
compliance.
Mr. Worley stated that the landscape ordinance is perimeter landscaping around
vehicular use areas and the main focus is a buffer around the area. He stated that the
applicant has proposed to follow the setback restrictions along Mayport Road. He stated
that the only permit required by the applicant would be a permit for the proposed fence.
After discussion, Mrs. Walker moved to recommend approval of the use-by-
exception and that the exception be granted to the applicant only for this location only; that
the applicant comply with any landscaping that is determined by the Community
Development Director as applicable according to Section 24-177. Mrs. Pillmore seconded
the motion and the motion passed unanimously.
~~ l~'
'~~'
The Chairman requested Mr. Worley to include as an agenda item at the next
meeting staff s determination of the percentage of improvements for Mr. and Mrs. Jacket's
proposed parking lot
VI. DISCUSSION
The board held a discussion regarding definitjo~s _of: structure as it pertains to a
bridge dr flyover.
Mrs. Piilmore stated she felt that under the definition in the code that the proposed
Mayport Road Flyover should be treated as a structure since it is constructed for support
and should be subject to the 35-feet height restriction in the building code.
Mr. Waters stated that the board is dealing with structures because the term falls
under definitions in the code and should be under the city's jurisdiction. He stated that in
Section 24-156 there are exceptions to height limitations which states that upon specific
application the City Commission may make exceptions to the limitations and restrictions
regarding the height of buildings.
Mr. V~lorfey stated that both Atlantic Boulevard and Mayport Road are state roads.
The location of the flyover and the north to west bound access lane are across private
property and it is his understanding that JTA or DOT are in the process of acquiring the
land.
Mrs. Walker stated that the remainder of the definition of structure states that and
(which connects everything) used or intended for business or living quarters. She stated
that possibly a flyover could be stretched to say its business quarters and she doesn't
think so. She stated that she did not see the flyover as a matter that should come before
the city for review.
Mr. Waters stated that one needed to decide whether the term building or structure
in the ,code was the broadest category and in his view structure was the broadest as
structure sha(1 mean anything constructed, erected or placed the use of which requires
permanent location on the ground or anything attached to something having a permanent
location on the ground which ultimately includes fences greater than six feet in height
Mr. Frohwein stated that the flyover could fail under. building because of the word
"or' that occurs in the first sentence. He stated that the matter is probably more of a legal
issue as the City Attorney has already indicated that the flyover cannot be interpreted as
a structure.
Mayor Shaughnessy stated that a recommendation centers around the definitions
and whether something like a bridge or superstructure fits under the. definition of structure
with ail of the applicable definitions, of the terms in Section 24-16.
` Mrs. Pilimore stated that she is totally agreeable to define the flyover as a structure
~ ~~
as included in our code and should be brought before the elected officials of the City for
a decision.
Mr. Frohwein stated that he wants to support the City Commission and trusts they
have good reason for wanting to have jurisdiction over the height of a flyover constructed
in Atlantic Beach. He stated that he has difficulty in making a recommendation in favor of
that support.
After discussion, Mr. Waters moved to defer the discussion until the next meeting
to allow further research.
Mayor Shaughnessy stated it was difficult for the board to be given information on
the same night for their review and recommendation and stated she did not want. the board
to render a decision with questions in their mind.
Mr. Frohwein stated that the board. report to the City Commission that they had not
reached a decision as it is not clear cut.
After discussion. Mrs. Walker seconded the motion to defer.
Mrs. Pillmore reiterated her view. that the board merely needs to ask if the flyover
is a structure and whether the board has jurisdiction over the height limitation.
Mrs. Walker stated she needed more time to review the whole .ordinance before
making a decision.
The Chairman called the vote and the matter was deferred to the next meeting with
three aye votes from Mrs. Walker, Mr. Waters and Mr. Frohwein and one nay vote from
Mrs. Pillmore.
There being no further business to come before the board on motion made the.
meeting was adjourned.
SIGNED
ATTEST
Sec. 24-159. Home occupations.
Intent. To recognize the need for people to conduct small-
scale home occupations, which are incidental to the primary use
of the residence, while preserving the character of residential
neighborhoods and minimizing traffic and nonresidential
disturbances.
(a) A home occupation that is solely used for the purpose of
receiving phone calls and keeping business records in connection
with any profession or occupation or any business activity of a
sedentary nature, as listed in (7) below, shall be permitted in
all residential districts and shall require a "convenience
license." Service occupations including, but not limited to
beauty salon/barber (limited to one operator), carpenters, minor
contractors doing remodeling or home repairs, wall papering,
floor covering or the work, cosmetic sales, pet grooming,
repairmen (household appliances), travel agents, painters, window
cleaners, and maid or lawn service, shall also be permitted,
provided no more than one vehicle is used in the business and the
applicant can meet all other conditions provided herein. The.
following occupations shall not be permitted as home occupations:
Escort/introduction service, massage therapist, welding, vehicle
repair, manufacturing such as cabinet making, or upholstering.
Home occupations shall not be permitted in areas which are
restricted by deed when such documents are recorded in the public
records of Duval County and on file with the city clerk of the
City of Atlantic Beach. All other business activities shall be
restricted to the .commercial districts. The following regulations
shall apply to home occupations:
(1) The address of the home occupation shall not appear in
the. telephone book, on letterhead, checks or any type
of advertising.
(2)
(3)
(4)
No one other than immediate family members residing on
the premises shall be involved in the occupation. There
shall be a limit of one license per person, and no more
than two (2) licenses per household. The home
occupation shall be nontransferable.
All business activities conducted on the licensed
premises shall be conducted entirely within the
dwelling. There shall be no outside storage or outside
use of equipment or materials.
No more than one (1) room of the dwelling shall be used
to conduct the occupation, provided the area of that
room does not exceed twenty-five (25) percent of the
total living area of the dwelling.
1 -
(5) No external sign or evidence that the dwelling is being
"', used for the home occupation shall be allowed.
(6} There shall be no pedestrian or vehicular traffic,
noise, vibration, glare, fumes, odors or electrical
interference as a_result of the home occupation.
(7} The following are typical occupations that are
acceptable as home occupations: Accountant, architect,
artist, attorney, bookkeeper, consultant, auctioneer,
seamstress or tailor, insurance agent, music
instructor, photographer, piano tuner, real estate
agent, secretarial services, telephone answering
service, hobby/crafts (not involving heavy equipment).
(8} If at any time there is a complaint of noncompliance of
the above which is sustained, the convenience license
shall be revoked.
(b) Home occupations existing at the time this section is
adopted will comply substantially with the standards of this
section on or before April 1, 1990.
(c) This section shall prevail over any ordinances of the
city which may conflict herewith.