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04-20-21 CDB Adopted minutesC vi, \ ili MINUTES Community Development Board (CDB) MeetingjTuesday, April 20, 2021 - 6:00 PM Commission Chamber Present: Linda Lanier,Member Jennifer Lagner,Member Kirk Hansen,Chair James Moyer,Member Sylvia Simmons,Member Jeff Haynie,Member Absent: Brian Major,Member Richard Schooling,Alternate Member Also Present: Brenna Durden,City Attorney(CA) Valerie Jones,Recording Clerk Abrielle Genest,Planner Amanda Askew, Planning and Community Development Director(PCDD) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the March 16, 2021 regular meeting of the Community Development Board. MOTION: To APPROVE the minutes from the March 16, 2021 Community Development Board meeting. Motion: Jennifer Lagner Second: Jeff Haynie Linda Lanier For Jennifer Lagner(Moved By) For Kirk Hansen For James Moyer For Sylvia Simmons For Jeff Haynie(Seconded By) For Motion passed 6 to 0. Community Development Board(CDB) April 20,2021 Page 1 of 6 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. UBEX21-0002 PUBLIC HEARING (Amanda Britt) Request for a use-by-exception to allow on-premises consumption of beer and wine within the Commercial General zoning district at 510 Mayport Road. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if commercial or residential property is located to the west of this property. Director Askew said it was 2-Family Residential. Chair Hansen asked about the parking. Director Askew explained that there is parking in front of the roll-up doors. She also said there is tandem parking also (which are not currently allowed for commercial properties but were allowed at the time on construction). Ms. Simmons asked if the applicant had 1 or 2 units. Director Askew said they would have 2 units. There was further discussion regarding the parking and it was concluded that the applicant would have 12 parking spaces. APPLICANT COMMENT: Ms. Durden did a swearing in of people interested in speaking on this case. Amanda Britt introduced herself as the applicant. She explained that she decided to rent this warehouse for a photographic studio so that young entrepreneurs could get together to take pictures of their products,discuss ideas,etc. Ms. Britt said that she would like to have beer and wine available for the customers. She confirmed that there are 12 parking spaces and some other possible parking spaces around the site. Ms. Lagner asked the applicant what the occupancy was. Ms. Britt said she hired an architect to help figure that out. Mr.Haynie asked if the business was open and what the hours will be. Ms.Britt said she isn't open yet but anticipated she would be open between 9:00 a.m. to 8:00 p.m. There was further discussion regarding the parking spaces. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Ms. Durden asked that any motion be limited to beer and wine and not alcohol as it is not part of their license. BOARD DISCUSSION: Ms. Lanier spoke in favor of this request. Mr. Haynie had reservations of it turning into a bar. Ms. Simmons asked for their to be clarity in the future regarding alcohol or beer and wine being listed as the request for exception. She spoke in favor of this request. Mr. Moyer was also in favor of the request. Ms. Lagner had a concern about the hours but was otherwise in favor of the request. Community Development Board(CDB) April 20,2021 Page 2 of 6 MOTION: To APPROVE UBEX21-0002 to allow on-premises consumption of beer and wine. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier(Seconded By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons (Moved By) For Jeff Haynie For Motion passed 6 to 0. B. UBEX21-0003 PUBLIC HEARING (The Sea Salt Pavilion) WITHDRAWN BY APPLICANT Request for a use-by-exception to allow limited wholesale within the Commercial General zoning district at 1845 Mayport Road. C. ZVAR21-0004 PUBLIC HEARING (Jason and Dawn Engle) Request for a variance to reduce the minimum rear yard setback to build a screened enclosure at 512 Vikings Lane. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Simmons asked if it is a sub-standard size lot. Director Askew said it was a standard lot. Ms. Simmons questioned how the enclosure was approved for permitting in the past. Director Askew said they didn't seek a variance, it was approved at the staff level. Chair Hansen and Ms. Simmons asked about the section of the code that talks about sub- standard lots of record or non-conformities that are uses or structures. Director Askew said a property owner is allowed to maintain them until their removal. She said that once the structure is removed then it has to come into compliance. Ms. Lanier asked if the old foundation was going to be removed and would that mean it is "abandoned" as stated in the code. Director Askew said that if you are renovating more than 50% of the value of the structure then the entire structure has to come into compliance. There was further discussion about remodeling verses rebuilding of the screen enclosure. APPLICANT COMMENT: Ms. Durden did a swearing in of people interested in speaking on this case. Joe Rumancik introduced himself as the contractor. He is with Sunshine Coast Construction. He explained the existing sunroom has flooding, roof leaks and needs to be replaced. Mr. Rumancik said that it is the Engle's only living room and to lose the 30" to make it meet setbacks would make the living room unable to Community Development Board(CDB) April 20,2021 Page 3 of 6 function. He gave an example of a previous variance in 2018 that had a similar situation with an existing sunroom and that variance was granted. Ms. Simmons asked for clarification on the current size and the proposed size of the screened enclosure. Mr. Rumancik said the enclosure would lose 30 inches. Mr. Engle explained that the foundation will need to be replaced due to the flooding. He said that their plan is to replace the existing sunroom enclosure for a permanent structure. Mr. Engle confirmed that this was their only living room. Ms. Lanier asked Mr. Rumancik about the plan for the foundation. He said that the current plan was to remove it in order to put in deeper footers and raise the slab to the same level as the rest of the house. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Chair Hansen read a couple of the letters that were mailed into the City. There were 6 letters in favor of the variance. BOARD DISCUSSION: Ms. Lanier said that since this enclosure was previously permitted by the City, she would be in favor of this variance. Ms. Simmons felt like it fit grounds for approval#4 (Onerous effect...). Mr. Haynie disagreed and wasn't able to find a condition for approval. Ms. Simmons asked Ms. Durden if the Board could use grounds#4 for approval. Ms. Durden said they could and she said they might be able to use grounds #3 based upon the current enclosure being permitted by the City to begin with. Chair Hansen liked this suggestion and agreed that there were exceptional circumstances. Mr. Moyer spoke in favor of the variance. Ms. Lagner said that she normally is very cautious when it comes to encroaching on the setbacks but due to the previously permitting of the current enclosure,she would be able to approve this request. MOTION: To APPROVE ZVAR21-0004 based on grounds of approval #3 being that the City has previously approved this structure in the past. Motion: Linda Lanier Second: James Moyer Linda Lanier(Moved By)For Jennifer Lagner For Kirk Hansen For James Moyer(Seconded By) For Sylvia Simmons For Jeff Haynie For Motion passed 6 to 0. Community Development Board(CDB) April 20,2021 Page 4 of 6 D. ZVAR21-0003 PUBLIC HEARING (Maria J.Roman) Request for a variance to allow two sheds on a residential lot at 418 Mako Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Ms. Durden did a swearing in of people interested in speaking on this case. Manuel Roman Jr. introduced himself as the son of the applicant and living at 418 Mako Drive. He said that he and his mother made this requested for a second storage shed because they are in need of more storage. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier said that this request mentions that other homes in the area have 2 storage sheds but they shouldn't because it is illegal. She said that the code say 1 storage shed and she doesn't see any criteria to apply to this situation. Mr. Haynie agreed. MOTION: To DENY ZVAR21-0003 since it does not meet any of the criteria for approval. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier(Moved By)For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Jeff Haynie(Seconded By) For Motion passed 6 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There were no further comments. Ms. Durden made the Board aware of an upcoming notice to all Board and Committee members to attend a Training Session on sunshine law, ethics and Robert's Rules on Tuesday, May 4th at 6:00 p.m. in the Chambers. She said they could participate in person or virtually. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:04 p.m. Community Development Board(CDB) April 20,2021 Page 5 of 6 Attest: Amanda Askew rk Hansen, Chair Community Development Board(CDB) April 20,2021 Page 6 of 6