Loading...
09-15-20 CDB Adopted MinutesMINUTES 110 Community Development Board (CDB) Meeting Tuesday, September 15, 2020 - 6:00 PM Commission Chambers and video conference City Hall, 800 Seminole Road Present: Linda Lanier,Member Kirk Hansen,Chair Sylvia Simmons,Member Brian Major,Member James Moyer,Member Jennifer Lagner,Member Also Present: Brenna Durden,City Attorney(CA) Valerie Jones,Recording Clerk Amanda Askew,Planning and Community Development Director(PCDD) Brian Broedell, Principal Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:02 p.m. by Chair Hansen. Ms. Simmons was late to the meeting arriving at 6:25 p.m. 2. APPROVAL OF MINUTES A. Approve minutes of the August 17, 2020 regular meeting of the Community Development Board. MOTION: To approve minutes of August 17, 2020 regular meeting of the Community Development Board. Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Kirk Hansen For Brian Major For James Moyer(Seconded By) For Jennifer Lagner For Motion passed 5 to 0. 3. OLD BUSINESS There was no old business. Community Development Board(CDB) September 15,2020 4. NEW BUSINESS A. ZVAR20-0011 PUBLIC HEARING (David Shields) Request for a variance from Section 24-221 of the city code to develop a vacant property without extending the street, water and sewer at 1187 Camelia Street. CASE INTRODUCTION: Chair Hansen introduced the case. Ms. Durden administrated the Oath to Staff and anyone planning on speaking about the case. STAFF REPORT: Director Askew presented the information as explained in the Staff Report. She also provided a PowerPoint presentation. Mr. Moyer asked if the neighboring wetlands could be built on. Director Askew said they can be developed with the same requirements of 4" piping and extending the street. Ms. Lanier asked if the property to the west of this property be developed. Director Askew confirmed that it could be as long as the developer put in the required improvements. Ms. Lagner wanted to know if putting in a driveway instead of a road meant that there was no need for a cul-de-sac. Director Askew said driveways are usually perpendicular to a road. For public safety a dead end is not ideal (fire trucks, trash trucks,etc.). She said that this would act as a driveway but it would be public. Ms. Lanier asked if it would be an extension of the road. Director Askew said it would. Ms. Durden added that it would be located within the City right-of-way. APPLICANT COMMENT: David Shields (Sr.) of 1823 Atlantic Beach Drive, introduced himself as the owner of the property and confirmed that he was sworn in. He explained that he and his son were building on the property. They had soil tests done and started the permitting process. During this process they learned that the previous developer had not extended the road to the end of the development. Mr. Shields said this created a large expense of adding approx. 80 feet of road, sewer and waterlines. That is why he is asking to be allowed to access existing sewer and waterlines and extend a 10 foot driveway, bringing it up to the existing paved street. Mr. Major asked if he would split the costs with anyone wanting to build next to him in the future. Mr. Shields said he absolutely would. At this time Ms. Simmons joined the meeting. Mr.Hansen asked to confirm that they were putting in a 4"pipe and Mr.Shields said yes. David Shields(Son)introduced himself. He said that he thought an unnecessary burden was being placed on them to build a single family dwelling on this cul-de-sac. Mr. Shields said there was a lot of illegal dumping of trash which will all have to be mitigated creating a substantial cost to a developer. He said they wanted to bring their water and sewer line to the existing line since it is not too far away. Mr. Shields said it would be different if he was putting in a subdivision with 2 or 3 houses,then he would have to put a water and sewer main, but they are only putting in one house. Community Development Board(CDB) September 15,2020 PUBLIC COMMENT: Ronald Palimer of 1285 Camelia Street introduced himself and was sworn in. He spoke against the approval of this variance. Brian Wingender of 1102 Main Street introduced himself and confirmed that he was sworn in. He was unaware that there had been illegal dumping. Mr. Wingender spoke against the approval of this variance. APPLICANT COMMENT: David Shields said that the previous developer didn't complete the work and that has created financial hardship for him. The public hearing was closed after confirming there were no more comments. BOARD DISCUSSION: Ms. Simmons spoke of similar requests in the past and she said the road needs to be continued and the utilities need to be tied in according to the code. Mr. Major asked if it was a possibility that the area would be developed in the future. Chair Hansen said he wasn't prepared to speculate about that situation. Mr.Major how someone would develop the land later if temporary infrastructure was installed. Director Askew said that if the road was gravel or partly paved, the next developer or City would have to extend the road. Additional cost would be the size of the water and sewer line being swapped out from the smaller lines. Director Askew said the current applicant would be responsible. Ms. Lanier spoke about setting precedence for the future. Chair Hansen didn't see where the criteria to grant a variance had been met but only cutting the cost of development, which is not the job of the Board. MOTION: To DENY ZVAR20-0011 on the basis that it does not meet the criteria. Motion: Jennifer Lagner Second: James Moyer Linda Lanier For Kirk Hansen For Brian Major For James Moyer(Seconded By) For Jennifer Lagner(Moved By) For Motion passed 5 to 0. B. ZVAR20-0012 PUBLIC HEARING (Connie Polanec) Requestfor a variance from Section 24-157 of the city code to allow an 8 footfence in the side yard(north side) of property at 871 Ocean Boulevard. CASE INTRODUCTION: Chair Hansen introduced the case. STAFF REPORT: Director Askew presented the information as explained in the Staff Report. She also provided a PowerPoint presentation. Community Development Board(CDB) September 15,2020 APPLICANT COMMENT: Connie Polanec-Mas of 872 Ocean Boulevard, introduced herself as the applicant and she was sworn in. She explained that she wanted to build 26 feet of an 8'foot fence to block views of her hot tub and outdoor shower. Ms. Polanec-Mas would like to match it on the south side. Ms. Lanier asked if the existing 8' wall belonged to Sea Place Condos and she said it belonged to her. Ms. Lagner said she used to live there and she believed the wall belonged to Sea Place. PUBLIC COMMENT: Chair Hansen opened the public hearing. Marlin Pritchett of 863 Ocean Boulevard introduced himself and was sworn in. He spoke in favor of approval of the variance. He said that Ms. Polanec-Mas was responsible for the wall. The public hearing was closed after confirming there were no more comments. BOARD DISCUSSION: Ms. Simmons spoke against approval of the variance citing that it is common in Atlantic Beach residents to be able to see into their neighbor's yards. She did not see where this request met any of the criteria. Ms. Lanier agreed with Ms. Simmons. Mr. Moyer was against the approval of this variance. Ms. Simmons did ask about a homeowner's ability to have an increased height in their fence for a short distance. Director Askew confirmed that and read it from the code that a privacy structure could be 8' in height and 12' in length. MOTION: To DENY ZVAR20-0012 on the basis that it does not meet the criteria. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier(Seconded By) For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major For James Moyer For Jennifer Lagner For Motion passed 6 to 0. C. ZVAR20-0014 PUBLIC HEARING (Montell Owens) Request for a variance from Section 24-81(n) of the city code to allow the deviation for measuring the height of the building from the average calculated grade at 1966 Beach Avenue. CASE INTRODUCTION: Chair Hansen introduced the case. Community Development Board(CDB) September 15,2020 STAFF REPORT: Planner Broedell presented the information as explained in the Staff Report. He also provided a PowerPoint presentation. Ms. Lanier asked what the undue hardship is for this property. Planner Broedell he would leave that up to the applicant for burden of proof. Ms. Simmons said there are many lots that have managed to deal with it without getting variances. APPLICANT COMMENT: Montell Owens introduced himself as the applicant and confirmed that he was sworn in. He explained that he and his wife are in the process of purchasing this property but while doing due diligence it brought forth concerns regarding the average grade and the build-ability. Mr. Owens said the land slopes drastically with doomed topography. He said they would not bring in fill but would use the lower area as site parking. Mr. Major asked him how he would be affected if this variance was denied. Mr. Owens said he didn't think he would be meet conformity with the rest of the homes on Beach Avenue. He said the home that shares his southern lot line seems to have been built up above the average grade. Mr.Owens said there home would be sitting in a hole. It would affect sunlight, southern exposure and other conditions that are important to him and his wife. Ms. Lagner asked if he was planning to put his driveway on 19th Street as opposed to Beach Avenue. Mr. Owens said he was since it is so much wider. Ms. Simmons asked if his biggest concern would be cosmetic. Mr. Owens said that it was because he would be losing a story. She asked if it was possible for him to build into the dune at the back where he would have parking. He said he could build a basement, not a daylight basement. BOARD DISCUSSION: Ms. Lanier asked Staff if they were making any decision about parking off of 19th Street or only the average grade where the 35 feet would be counted from. Planner Broedell said only the average grade. Mr. Moyer asked what prevents the applicant from bringing in fill. Planner Broedell said that the City codes do not allow any fill or change to the topography of a lot unless it's to meet storm water retention requirements. He said that he could bring in fill if the City Engineer approved it related to storm water requirements. Planner Broedell said the overall height is still based on the average grade that is existing now,even if fill was added. Mr. Major asked from where the house to the south's height was measured from. Planner Broedell said it was measured from 24.85 feet in elevation on the Beach Avenue side. Mr. Major said this would be comparable to the 24.77 feet on the Beach Avenue side for the applicant's property. Planner Broedell said that is correct, and the existing home to the south was built in 2004. Mr. Lagner asked what it would do the house directly west. Planner Broedell said the new house would be significantly above that house due to the drop-off. Ms. Lanier asked if the house to the south was built with a variance. Planner Broedell said he was not able to find a variance,only the plans that were signed off by the Building Official. Ms. Simmons asked what the elevation difference is on the west side and what keeps the dirt from the southern lot from washing into this lot. Mr. Owens said there is erosion taking place and would guess that the grade was tampered with at some point. Community Development Board(CDB) September 15,2020 Ms. Simmons wondered if he might have to get a variance to get some fill. She asked Staff if there were any other options. Mr. Moyer thought they needed an engineer involved. Chair Hansen said that they were identifying issues that a builder would have to resolve but it doesn't affect the height of the building. Ms. Simmons thought the other issues should be worked out and then come with a request for a variance. Ms. Lanier agreed and said she would hate to deny this variance with a chance for the property owner to get the full picture and all of the options. Mr. Owens asked what options she was referring to. Ms. Simmons said an engineering study, meeting with City Staff, seeing what fill might be needed or some kind of leveling before determining where the height should be measured from. She asked Staff for suggestions. Planner Broedell said that the overall measurement of height is pretty strict in the code. Ms. Lagner asked if parking on 19th Street would require a variance. Planner Broedell said they would not need a variance but they would work with Public Works and the City Engineer to figure out the best solution for that. Chair Hansen asked if fill was allowed on a lot to redetermine the average grade. Planner Broedell said it is not. Chair Hansen said they need to decide whether this extreme drop-off is unusual and whether it should be accepted and grant a variance due to unusual topographical situation. Ms. Lanier said the lot is what it is but you can still built a house on it. She said she would have to vote against it. Ms. Simmons asked how much shorter the Beach Avenue side would be. Planner Broedell said the average grade of the build-able area is 19.9 feet in elevation. He said the highest point on Beach Avenue is 24.77 feet which is a difference of 4.87 feet. Ms. Simmons said the house could be 30 feet tall on the Beach Avenue side. She didn't think that was unreasonable. Ms.Lanier said the house could still be 3 stories with a partial story facing 19th Street. She said it would still be a functional space. PUBLIC COMMENT: Chair Hansen opened the public hearing. John Farrin of 1960 Beach Avenue introduced himself and was sworn in. He spoke in favor of approving the variance. Gregory West of 57 19th Street introduced himself and was sworn in. He said he had submitted a letter of opposition. Mr. West was opposed to approving the variance. Collis McGeachy of 1961 Beachside Court introduced himself and was sworn in. He was concerned about how the water will run off of this lot due to past experience with the wall collapsing. Mr. McGeachy was opposed to approving the variance. Director Askew said there was an email from Mr. West that is in the agenda packet. Director Broedell said there was an email from Mr. McGeachy that is not in the agenda packet. The public hearing was closed after confirming there were no more comments. APPLICANT COMMENT: Montell Owens responded to Mr. West and Mr. McGeachy explaining that the variance doesn't pertain to erosion control but to the Community Development Board(CDB) September 15,2020 average calculated grade. He didn't believe the elevation of the home would have anything to do with erosion control. BOARD DISCUSSION: Mr. Major said he was concerned about remaining consistent on Beach Avenue with the average grade calculation. Ms. Simmons didn't think the 4 1/2 feet would make a huge difference. Ms. Lanier agreed and felt like a great house could be built at this location. Chair Hansen said based on his experience of building his own house 30 years ago (when this ordinance was written) and due to the unusual topographical change it warrants a look at a variance and he would be in favor of this variance. MOTION: To DENY ZVAR20-0014 on the basis that it does not meet the criteria to approve a variance. Motion: Jennifer Lagner Second: Sylvia Simmons Linda Lanier For Kirk Hansen Against Sylvia Simmons (Seconded By)For Brian Major Against James Moyer For Jennifer Lagner(Moved By) For Motion passed 4 to 2. D. UBEX20-0004 PUBLIC HEARING (Art of Cigars) Request for a use-by-exception to allow on premises consumption of alcoholic beverages within the Commercial General zoning district at 695 Atlantic Boulevard CASE INTRODUCTION: Chair Hansen introduced the case. STAFF REPORT: Director Askew presented the information as explained in the Staff Report. She also provided a PowerPoint presentation. Ms. Simmons asked if there were any parking issues. Director Askew said the shopping center meets code. Ms. Lanier ask about 2 nearby restaurants and whether they had a use-by-exception. Director Askew said that in this zoning district restaurants can have alcoholic beverages. Mr. Major asked if it was up to the Board to determine if it is consistent with the Comp Plan. Director Askew said it was. APPLICANT COMMENT: Wendy Fraker introduced herself as the applicant and confirmed that she had been sworn in. She explained that she would like to extend a beverage service (beer and wine)to her business. Ms. Fraker said it would not be a bar and they would close by 10:30 p.m. Community Development Board(CDB) September 15,2020 Ms. Simmons asked how it would be different from a bar. Ms. Fraker said there would not be a bar built, she would serve the alcohol herself. PUBLIC COMMENT: Chair Hansen opened the public hearing. The public hearing was closed after confirming there were no more comments. BOARD DISCUSSION: There was no board discussion. MOTION: To APPROVE UBEX20-0004 to allow on-premises consumption. MOTION AMENDED: To APPROVE UBEX20-0004 to allow on-premises consumption of beer and wine. Motion: Linda Lanier Second: James Moyer Ms.Durden asked Ms.Fraker if it would be beer and wine or all alcoholic beverages. Ms.Fraker said it would only beer and wine. The motion was amended. Linda Lanier(Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major For James Moyer(Seconded By) For Jennifer Lagner For Motion passed 6 to 0. E. UBEX20-0005 PUBLIC HEARING (Texas Sun) Request for a use-by-exception to allow a tattoo and body artist studio within the Commercial General zoning district at 695 Atlantic Boulevard. CASE INTRODUCTION: Chair Hansen introduced the case. STAFF REPORT: Planner Broedell presented the information as explained in the Staff Report and made it clear that this application is in the same shopping center as the previous request but they are in two difference spaces. He also provided a PowerPoint presentation. Ms. Simmons asked Planner Broedell to go back to one of his slides. APPLICANT COMMENT: Afton Treadaway introduced herself (and her fiance, Clark Seiger) as the applicants. Ms. Durden administrated the Oath to each applicant separately. Ms. Treadaway explained that they have combined tattooing experience of 25 years. Community Development Board(CDB) September 15,2020 PUBLIC COMMENT: Chair Hansen opened the public hearing. The public hearing was closed after confirming there were no more comments. BOARD DISCUSSION: There was no board discussion MOTION: To APPROVE UBEX20-0005 Motion: Brian Major Second: James Moyer Ms. Simmons commented that she didn't know if this fits a neighborhood use. Ms. Lagner disagreed. Linda Lanier For Kirk Hansen For Sylvia Simmons Against Brian Major(Moved By)For James Moyer(Seconded By) For Jennifer Lagner For Motion passed 5 to 1. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 8:29 p.m. Attest: Oily/koh (LK' Amanda Askew Kirk Hansen, Chair Community Development Board(CDB) September 15,2020