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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 _ _. __ -_ . _ _ _ 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 .. _. -_-_ _ , 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~ 1,i ~ • ACTIONS 8Y THE CITY COH11I98I0)tt ,1 ,Y .•~1: , ~ ~ . . M ~. P , S {--I•.,C7 :W' I i~I,~ . ~~:,...~ .l:J. ~.~/ ~Y O F IS 1, 2, 3,, 4, 5, 8 IWD 7, BLOCK 32, •SECTIOF('Ft',•ATLANiId BEJ~/N., AS RnENCO~~RDEb~1F„1~~ypui7 BooK~tE, PAGE 34 OF THE CURRENT • ^ ', • ~ 1 ~.. :•S11 j••• 6UV~1 ~•":1 FLDI2IOA. •~4Y' ' - r`;,9 ~,,, ( (t * 1 f r~ _ _ _ _ . 1 j'.j Ct r ., 1 Sn• : '' iY. 5 i rj~ ' ~ . i L• t Y 5111 `..~Fi(" ~~ y,- •.. _ .t •. _ ~- '~1. r'` ~ •+' E1'L.OCVF .':: j.~~~t ~t 1 if - i ~•' BLOCK 1'.74 YYY/// .~. ,: 'f 1:I~jy (N. 20'O~'17" E. ' ,142.b9•- FIELD) FOUND ctl+ItaETE uoNUUExi C'~ v _~~~ FWNO CONCRETE ~ N. 20'12'dO' ~. 1U2.00' I.S.Ho.167j ~ . t;.. • I ti ,'• : MONUMENT I .•, l•. LANo 1674 :. ., ` .L .:~'a.i,, ~t. y - ~ :S 'i. :i ..,~ ~: iii •U_ ~ .. ' .. .N ;' . •'~ •,,lf , • LOT' j .} a~' ~'.. .vp7 N. LOT: 7 • 102.09" "• : '1' it ;•: I.' tt I .. •, 1 ,. r t ~ 1L ~ •~ ~ 7 ti _.. _d L._.~~s-~~•,»•d4, l:Ta~ •f~,~ r 1'. 1' _ , ti'. ate: r Shi._A . . ~!1 N , . . ..... t.. r u +r I • ,tl. '~ , . .l ~'~1, r• •7. .'t '1`11,1+. •t 3., ', 1.. . ' ri ~ ''1.'. 1 ~ „ ' .:• .• /.. .702.10' •.f.lr . ..;... . t .. .. 1/ FI, Trt ^' !° Vii. 4, ,, , ..: i • If ~ ,r ' 1~ 5 p St '31 ~t O O 1 4 1.1 .~! ~ ~' :I.': t..: , : IOT~ -'1,: a s' .... ,...' Y1 Yt ~ .lAi S W liJ ~~:' t ~. ~ • 1 :ra :, .` ~ h iV`Ol .p . },, . _ _,_.. •. ~ _.. _ ~ z ~. o a •~:! t..~'~..t~#„i ~ DT.~ j ~ ~' t I t ~ Z. @ ~~'_,.! ~ ~ N trL y 'Lot ~ ,~ ~ ~ •, •:i •••~:. 7 .tO..t ~ • O ' I ~ Ir~ ..•'; • ~ ~ t ~ .• • .. ` ~ t .t r ` TY '. () () • ry ~O '• '~; , t ltlT 3 1 (~~~ . N ~ . LOT 1 I t ~ + . '1 ~~ .. 51'.00' , •'M T 51'.10 r 1 _ t ,, I :i r~r' 4, t <<ja ,~ ,, 1 (, ' ~ ~ ~ L L.F. ,• rt, t~. ' t'~ ~'.l.t~t, .~F t ~_`'st1 Tu.?}S~LT.7i1 -1t ~' ~',,';;'r a I~ t t 1 • s 1 '• i'1 , 1• :rte , •NOMY SURVEY. ~ "..(` : i.t ~ `•. :. ~ ' f r S :. ~ . . • BUILDING RESTRICTION LINES BY PLAT. °~~ •' •. ltlT••2.'.. ~ ~. :ltlt• 1~~:-•~~'•., LDT 2 BASED ON THE WESTERLY RICHi OF WAY ~ 51{ ; •'i •. ' ' '' ` ~ ~ ': wr `:^/ ~a~~+: t rRORi ROAD: SAID BEARRJC BEINC .t . S;' P{.~.. 'I • '-!' ~ •~~' J•f•• +•• .N.. PER PLAT. ~ '.`,t. .) • : 1:. Jt( ~'i ;Y: 1} k ~f,: •i' ~, r. 1' 7 '~„ + t ,I40WN HEREON APPEARS TO LIE IN ~ , • 'i ~,S <,: ~ } ~ , s t ~ •: 'ti' ~ - . x• (AREA OUTSIDE THE S00-YEAR F100D a~ yy .- ~!-• ,,I, ,'~;~.5 •,.<rr"~;: n rt. r(:..'-T•r:1 •I y.• J•~yfl •>-.. . IL AS CAN 8E DETERMINED FROM THf' ' - ~ •`((•; ~.; ,y.•,!., 3. f .?'rL _ i7.~~ • n •~ s ~:ra r l.~:f'~'1:'t;'~.i .. FOUND 1/2' ~. '•iCE RATE MAP COMMUNITY NAP PANEL .. .~~ ~ i'y;''»`! ' • ~ ~~:' .k •."•:'L:+.i ~?1. ~f:: ;: •• •• • • i y i. j.•:' ~ IRON PIPE '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 , IRON 6ME IMF ' LB.NoJ672 CATI' .. s. 2U12'oo' w.. iD2.00~ N1iH t1' i ~ r. .'~~f _(1D2.70'=Fl1:ElS) CHnI '1 ~O' .RIGHT OF-':-~WAY•. ~'=-•.~ PAVEC'~ . ~~~ "~''' ~ ~ ,~ 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