Exh 8AAGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
(J
~o-I/-9~
STAFF REPORT
Application for Use-by-Exception to operate a Cabinet Shop in the
CG, Commercial General district on the north side of West Fifth
Street
George Worley II, Community Development Director ~-z G~f/-'~".
October 4, 1999
The applicant desires to operate a Cabinet Shop business in a building to be constructed
on Lots 1 through 7, Block 32, Section H (north side of West Fifth Street). Cabinet Shops are
permitted by Exception in the Commercial General district. The applicant, Mr. Henry, will
occupy one half of the proposed 15,000 square foot building. The Board discussed the issue of
parking spaces and landscaping to clarify the number of spaces required for future business
occupants.
RECOMMENDATION:
After discussion the Community Development Board unanimously recommended approval
of the requested Use-by-Exception with the stipulations that no outside storage be permitted, no
loud equipment be operated after 9:00 PM or before 7:00 AM and that the exception be granted
to the applicant only, for this location only.
ATTACHMENTS:
1) Application for Use-by-Exception
2) Draft minutes of the Community Development Board meeting
REVIEWED BY CITY MANAGE]
t _ _.
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C 0 V E R
FAX
S H E E T
To: Beaches Leader
Fag #: (904) 249-1501
Subject: PUBLIC HEARING
Date: September 30, 1999
Pages: 2, including this cover sheet.
COMMENTS:
HEREWITH LEGAL NOTICE FOR PUBLICATION IN THE BEACHES LEADER ON
WEDNESDAY, OCTOBER 6, 1999
From the desk of...
Maureen King
City Clerk
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904) 247-5809
Fax: (904) 2475705
N(ITICE OF PUBLIC HEARING
CITY ®F ATLANTIC BEACH
Notice is hereby given the City Commission of Atlantic Beach, Florida, will hold a PUBLIC HEARING on
Monday, October 11, 1999, at 7;15 PM at City Hall, 800 Seminole Road, for the purpose of hearing and
considering the views of the public concerning the following application for a Use by Exception:
AN APPLICATION FOR A USE BY EXCEPTION FILED BY CATHY AND
ATILLIO CERQUEIItA TO BUILD A 15,000 SQUARE FOOT METAL
STRUCTURE, HALF OF WHICH WILL BE USED AS A CABINET SHOP AT S00
MAYPORT ROAD, ON PROPERTY DESCRIBED AS LOTS 1 - 7, BLOCK 32,
SECTION H, ATLANTIC BEACH
All persons interested are notified to be present at said time and place and they shall be heard. If a person
decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for
such purpose may need to ensure that a verbatim record of the proceedings is made, which record shall
include the testimony and evidence upon which appeal is to be based.
In accordance with the Americans with Disabilities Act, persons needing a special accommodation to
participate in these proceedings should contact Maureen King, City Clerk, at 247-5 809, or at City Hall, 800
Seminole Road.
HP .OfficeJet Fax Log Report for
Personal Printer/Fax/Copier City
Sep-30-99 03:24 PM
Identification Result P_ag_es Tvne Date Time Duration Diagnostic
92491501_. OK 02 Sent Sep-30 03:22P 00:01:19 002085230020
l.Z.O 2.8
1
NOTICE OF PI.7BI~IC HEA~~INr'
CITY OF ATIIANTIC BEACH
Notice is hereby given the City Commission of Atlantic Beach, Florida, will hold a PUBLIC HEARING on
Monday, October 11, 1999, at 7:15 PM at City Hall, 800 Seminole Road, for the purpose of hearing and
considering the views of the public concerning the following application for a Use by Exception:
AN APPLICATION FOR A USE BY EXCEPTION FILED BY CATHY AND
ATILLIO CERQUEIl2A TO BUILD A 15,000 SQUARE FOOT METAL
STRUCTURE, HALF OF WHICH WILL BE USED AS A CABINET SHOP AT 800
MAYPORT ROAD, ON PROPERTY DESCRIBED AS LOTS 1 - 7, BLOCK 32,
SECTION H, ATLANTIC BEACH
All persons interested are notified to be present at said time and place and they shall be heard. If a person
decides to appeal any decision at any meeting or hearing, he will need a record of the proceedings, and for
such purpose may need to ensure that a verbatim record of the proceedings is made, which record shall
include the testimony and evidence upon which appeal is to be based.
In accordance with the Americans with Disabilities Act, persons needing a special accommodation to
participate in these proceedings should contact Maureen King, City Clerk, at 247-5809, or at City Hall, 800
Seminole Road.
Posted 9-29-99
•x. .. ~ _. _ _.. _- -... ---
Please Type or Print in Ink
Applicaties: F'ee $100.00
__
APPLICATION FOR "USE BY EXCEPTION" J -. ; ~~ ~vE.. ~ ~~{~
_... ~ f.
c-n - ' f999
Date Fileds__Se~tember 7,_1999 __- ~-
-- -- ~~~~~ of Atlantic beach
3a;i~iina and Zoning
Name and Address of Oxner or Tenant in Possession of Premises:
Cathy_& _Atillio CercLueira ____----_---
- Phone
36 Cilewood Court __ Works 246-1138
------------
-------------
_Jacksonv_ille Beach, FL 32250 __-_-_-- {{o me s ~ 246-7629
Street address and legal description pf the premises ae to xh:ich the "Uae
by Exception" is requested:
Lots-1,2,3,4,5,6-and 7 Block 32,- Section H,'Atlantic-Beach as recorded in Plat
-- --------- ------------------
----------
ook 18, Page 34 of the current public records of Duval Count Florida.
A description of the "Use by Exception" desired, xhich shell especifically
and particularly describe tJ~e type, character end extent of tl~e proposed
"Use by Exception":
Parties involved Cergueira and Henri wish to bui~,si 1~,~0.94_gq.~~_~~s_me~tal_stx~~ure~
7,500 square feet will be occu ied and owned b Bill ~ Rebecca Henr and used as a
-------------------------
-P ------- Y------
----- ----------y ---
cabinet shop.
Specific reasons xhy ttie applicant feels the request should be granted:
Wes Custom Furniture_buildin,_g_ca~~n~~,~_~~~QQ~y~~Lt.Roadr~.n~_htnrk nnr~_0.£~,ap~d
site. Other cabinet,shops_in area_ No ne~ativ_e impact on ~gB_~~g~Qp9S~dsabine~_
shop __ Ocean Woodworks~has_operated in Neptune Beach for
------------- - _~4..Y~~2ts.~,n_3.,.599_s4~.fs..._slwp
and needs a larder facilitY_____-___
--------------------------------
Zoning Classification: CG1
Signature of 1---- ---- - ~- ---~L%_ _ 1i ____2_~^--
~~{~icant/applio nt e S _ --
authorized agent or attorne If ignatur of ner of :e property.
agent or attorney, include letter xithouttoxnereaeignature~,processed
frorx applicant to that effect.
Applicants Do not"fill-in beyond this point. Hoxever, be prepared to
respond to the folloxing items:
1 1
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FIHnIH(3S OF FACT
~ ._.~
,~
1. Ingress ^nd egress to property and proposed YES HO
atruature• is adequat:. Partioular reference is
wade to autowotive and pedestrian ~rafaty and
~convanienc:, traffic f1aM-and control and access
in cane of catastrophe) ___ _
2: Off-street parking wnd loading is adequate.
Particular attention is paid to the stews in 1.
above and the soonoaia, nois*, glare and odor
effQats of• the special exception on adjoining '-
properties and properties, generally in the
district) ___ ___
3. Locations of retuaa and aervia• areas arc
cowpatibie with surrounding poperties and era
easily acoessible. -- _.._ ___ .
~4. Loaationa, availability and oospatibility oS
utilities are adequate. '. ___ ___
5. Typo, diwensions and ahmraoter of~aoraaninp
and buffering are adequeite. ___ ___
6. Signs and proposed exterior lighting. with
reference to Blare and tra#tia safety, are in
harwony and arc aowpatible xith other propertie•
in the district. ___ ___
7. R+aquired yards and other open spaave are
wdequate. - --- ---
8. Tho use is generally oompatiblo xith ^d~aaent
properties and other property in the distriot. ___ ___
.''
COtt2SUHITY DEYELOPtiEHT gt)A)tD i2EPORT AND RECOH?tENDA'fI0li8~
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ACTIONS 8Y THE CITY COH11I98I0)tt
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'S 0001 D. REVISED APRIL 17, 1989 FOR ~ ' ~ 1 i '' '` + '?~a;t ~' (~ ~~ " '
•IlANi1C BEACH, DUVAL COUNTY, FLORIDA. ~ • SET 1/2' •51.00' 51.10' I.S.HO.1295 ,
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'1 ~O' .RIGHT OF-':-~WAY•. ~'=-•.~ PAVEC'~
. ~~~
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MINUTES OF MEETING OF THE -.
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
September 21, 1999
7:00 P.M.
CITY HALL
PRESENT Don Wolfison
Robert Frohwein
Pat Pillmore
Mary Walker
Dezmond Waters
AND
Alan Jensen, Esquire
George Worley, II, CD Director
ABSENT Sharette Simpkins
Buzzy Grunthal
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the:meeting held on August 17, 1999. Several scriveners errors were noted
and the minutes were approved as amended.
I. Application for Use-by-Exception filed by Cathy &Atillio Cerqueira to
construct a 7,500 square foot meta{ building to be occupied and owned by Bill & Rebecca
Henry to be used as a cabinet shop at property known as Lots 1,2,3,4,5,6,7, Block 32,
Section H and located at Mayport Road and West Fifth Street.
Mr. Worley explained that he was unable to submit a staff report and stated he
would give a brief introduction on each agenda item. He stated that the applicant desired
to design and construct a building with a portion being used as requested.
The Chairman stated that the zoning classification should be CG and the applicable
item is 24-110(c)(10).
Mr. Worley stated that, based on previous applications, he recommend approval of
the use-by-exception for this portion of the building provided all plans and specifications
are designed to comply with all applicable building and zoning regulations.
Bill Henry introduced himself and explained that he has owned and operated his
cabinet shop in Neptune Beach for 14 years and that he desires to move said business to
Atlantic Beach. He stated that he is involved in a joint venture with Anthony Cerqueira,
owner of the property, and they desire to build a 15,000 square foot building and when
constructed he would purchase 7,500 square feet thereof for his business.
Atillio Cerqueira introduced himself to the board and stated that intends to construct
a building on the property and wanted to know up front whether or not the use-by-exception
would be granted prior to entering into the agreement with Mr. Henry. He expressed his
' concern with problems that will be created upon the construction of the Mayport Road
Flyover.
After discussion, Mrs. Pillmore moved to recommend approval of the use-by-
exception for this location only and to the applicant only, and Mr. Waters seconded the
motion.
Concern was expressed by Mr. Waters regarding the proximity of a residential
neighborhood, outside storage and hours of operation.
Mrs. Walker stated her concern that the properly be adequately landscaped.
Mr. Worley stated that the applicant will be required to approximate the future use
of the building and establish parking requirements and future businesses being permitted
to operate at the location will depend on whether or not enough parking spaces exist.
After further discussion, Mr. Waters moved to amend the motion to include that
there be no outside storage, no loud equipment being used after 9:00 p.m. and before 7:00
a.m. Mrs. Pillmore seconded the motion and the amended motion was passed
unanimously.
I I. Application for Variance filed by Earl B. Hooten, I I to construct an addition to
an existing nonconforming residence located at 172 Sixth Street.
Mr. Worleystated thatthe applicant owns a nonconforming lotwith a nonconforming
building on it. The building is too close to the Sixth Street side yard where 15 feet is
required and too close to the rear yard where 20 feet is required. The applicant is
proposing to ponstruct an addition to the west and south sides of the house which will bring
it to the front 2Q foot requirement. He stated that there is an encroachment outside the
property right ofi way on Sixth Street not proposed to be removed. He stated that the
proposed addition will not encroach any further into the setback requirements than the
existing structure. He stated that based on prior actions of the board regarding additions
to nonconforming buildings where the buildings do not enlarge an existing encroachment,
stafif recommends approval.
Responding to a question from the board, Mr. Jensen explained that the lot of
record is the entire Lot 6, Block 19 which is recorded and Mr. Hooten owns one-half
thereof.
Mr. Earl B. Hooten introduced himself and stated that he desires to remodel his
residence that will be an asset to Atlantic Beach. He stated that prior to applying for the
variance he met with Mr. Worley and went over all items in connection with the proposed
construction. He stated that the building was designed so that the total square footage
for the entire house will be 2292.
Architect Kevin Mulligan introduced himself and stated that the existing west face
of the house will be extending 13 feet toward Ocean Boulevard.
Bill Gellatly introduced himself and stated he is the builder for the applicants.
After discussion, Mr. ,Waters moved to grant the variance and Mrs. Piilmore
seconded the motion.
The members expressed concern with the height of the proposed structure as well
as the portion of properly located on the right-of-way.
Mr. Worley explained that the applicant is proposing to add height to an existing
nonconforming building and part of that nonconformance is an encroachment into the City
right-of-way but that the drawings do not indicate that particular portion is increasing in
height.
After discussion, the variance was granted by a vote of 3 - 2 with Mr. Frohwein and
Mr. Waters dissenting. .
The Chairman requested the members complete their variance worksheets and
deliver them to the Recording Secretary.
III. Application for Variance filed by William and Tricia Huggin to construct
an addition to an existing nonconforming residence located at 1258 Beach Avenue.
Mr. Worley explained to the board that the structure is an existing nonconforming
building that does not meet the side yard setback requirements on the north property line.
He stated that there is a minor encroachment on the south side which is negligible. He
stated that the applicants propose to construct a vertical addition as well as an addition to
the rear of the building which appears to connect it to an existing secondary building at the
rear of the property and ifi that connection is at issue that it would encroach into the rear
setback making the building more nonconforming that it is now. If so, staff would have an
objection to that connection. He added that a free standing structure existing in the rear
of the property is an accessory building.
Mr. Huggin introduced himself to the board and explained that his expanding family
needed additional living space. He requested alternative solutions to his proposal.
Mrs. Huggin introduced herself to the board and stated that there will still be two
separate structures. She stated that she and her husband would consider removing
secondary strructure.
The Worley stated that there is no minimum separation requirement between
accessory buildings and main residences.
After discussion, the applicants requested that their application be deferred until the
next meeting and will become Item i under old business.
' DISCUSSION.
Mr. Worley assured the board members that a new modified zoning map will be
furnished to them.
The Board directed staff to place an agenda item for the next meeting to discuss
establishing a central business district.
The Board directed staff to schedule a special meeting to discuss amendments to
the zoning code.
Mrs. Pillmore requested the board place an item on the agenda to discuss traffic
problems that will be created due to the Mayport Flyover. The board directed that staff
communicate with David Thompson and report to the board at the next meeting.
The Ghairman staff communicate with Mayor Delaney as well as all others involved
in Hurricane Floyd evacuation ofi a job well done. Mrs. Pillmore seconded the motion and
and the motion passed unanimously.
There being no further business to come before the board the meeting was
adjourned.
SIGNED--------------------------------------
ATTEST