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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: L~~tiS? ~~.~1s._~1~~3zz33~~Lr?T_G,$3 r`2B19L~ ~StS~.~ 3~-i~CAi_r~+A__?C jCV~pAC~Lr 1 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': ~~~ ~~~~ ~f'a1!~;arZ n,~Q_~r~>± ~ .t ~~^1~ ~~u-n~~_r1u~~~ur oF_~~~.~.esar.~(~ 4Ff~Sfi~~~?'+?~~..~~ 1r.3~_~ ~~ ?~5..~~z}~.~-S_P~A_Q_u_G..7"~'_!~1s~t~ ?'s_~?~_9~ A.1~.G3~ l"'~ "F~rG (3rPD1nJG yL~»7,Nl~TEfG/JG ~t~,vQ r~~i~~NCZ from CDnx.S!'V~([~T1U~U-PQ.di~C.T5_ ~ L^~.L~ .~~..-- ~, 113~_~?S~ G,?2GLSZ}r,~~ aF ~a ~O'='-P4^-~~-------------- . 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 ____ ,y~{ovv~L ~xL~SS,?r~ T~53t~PRgY,n,s.„Y~?}itt~ ~~PkL~Sy..~S~S?gA_G~~ Nb,C w,c.~_r*p„y _-- Cc.~.P~a! Cf~1:1~`L~~aCi12XtP,~.g,,.3?c3s-rlLU~, /~ oe n~F~is! v_~r n,~-~.!'r?_~C:~_?t~.~T .i~ctw_.t3.it~+3.~ ~,~e~s~rCc=.s e2 n,v_,s/~,yc~s ^>o ~ ga~a~Et 1~~Y~TJ_ ~L~S~~--------------- 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 t 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 1.22°37'45"f=., ALONC TILL' WES'CL:RLY LING OI' Snln I.U'1' Gf33 11 D.IS'['nNCI: rtr r~I,<)8 !'E[I' '!'0 Tlil. POI N1' 0I' E3CCINN:I:NC 'l't11iNCl: CONTINUE N.'l_2°3'('45"I., flLONG Sft:[D WGS'I'ERLY L.T.NIi OF SATU LOT E>F33 A DIS'1'ANCI: 01~ 313.rIft FI41tif; '1'lli~.NCii S.G'(°2L'15"[:., AL,ONC'1'111 NUR1'lI1ItLY LTNI; C,I' SA [D I.U'1' EiFi3 A D.[S1'l1NCL Ul~ 52.95 l'EET; '1'lh'sNCii S.3~i"12'27."4!. fl DIS1'ANCIs Of 2'7.701~1i1i'I'; '1'IIt:NCI: S.£39°37'17"W. A DISTANCL•: OF 29.29 l'Gli'1'; Tlll'sNCI! I~I. E,'(°2?' l ri"W. A U'[S'I'lINCF: 0!' 1 y. yG l7Lf~.'1' '1'O 'i'Nli PO [N'l' Ot~ 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° N0. 120075 0001 ll '~ S ~'? RO.. . ~9s ~/~ ~ ~ _ / ~S 2.. '~~'~ . ~ / Ro ~S•. -3S ~'~' ~ ~ ~~H ~t / ~ 1 r---~ ~. J L_~ . ~ L I m , I i ~ J ~J ~ _i J~~CE 4~ N I l ,h ~ ;. ••; ~ ~ 1i~ ~ Za G~'O ! ~ D J ~ I m r~ ~ ~ ~ p v ~~ ~~ ~ S ~ ~ \ ~ V I ~ i ~~ ~ N ~ I t °j r ~~~~~~ Y I ~ ~ L J u; I \ r ``N G O~ '. ~ `~ So ~p_ - f~~` ~y ` ~~ F~.~S,vq /E Y,EO .aNv FZES/l'~'EV / ~~ti I~ 1~,7- ~, W a i~ o ~~ ~~~ !~ v' 5-z/-~3 To fs~iN!' sdq/ryua7o o.QTE ~j' `~' o 7 RoG Noc,.KiEO Oc 5or3c.z /9 /`iB3 ('te'n, ~.r~T 1 T 5 FiN~oc Ln?.i.EY' ~^- ~C~~~c~ s ~C'f/6Z',t ~O Q;l' 2. r~JFj.S 1. o.vfw r~N~-+'L•~1<r/i L.an'~~ /i7~r: iv B*ti~rc'S sv~.tY 4r5 ro raar~' I h b s• rt f ti rxhlr~•~z>l A~L< ~'` a~. ~. DURD~P~ & ~SSOCIATESIN~. 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. n.4,.nn.o • nvaro,r No... , Pu• ~./, f~f/ZUCG puao ~N 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.