Augustine Beach, Florida, held Tuesday, September 17, 2013, at 7

MINUTES
OF
THE
REGULAR
MONTHLY
MEETING
OF
THE
COMPREHENSIVE PLANNING AND ZONING BOARD of the City of St.
Augustine Beach, Florida, held Tuesday, September 17, 2013, at 7: 00 p.m. in the City
Commission Meeting Room, City Hall, 2200 State Road A 1 A South, St. Augustine
Beach, Florida, 32080.
I.
CALL TO ORDER
Chairman Alfred Guido called the meeting to order at 7: 00 p. m.
II.
PLEDGE OF ALLEGIANCE
III.
ROLL CALL
BOARD MEMBERS PRESENT:
Chairman Alfred Guido, Vice- Chairman
Daniel Stewart, David Bradfield, Patricia Gill, Michael Hale, Steve Mitherz, Roberta
Odom, Senior Alternate Elise Sloan, Junior Alternate Karen Zander.
BOARD MEMBERS ABSENT: None.
STAFF PRESENT: Gary Larson, Building Official; James Whitehouse, City
Attorney; Max Royle, City Manager; Bonnie Miller, Recording Secretary.
IV.
APPROVAL OF MINUTES OF TUESDAY, AUGUST 20, 2013 REGULAR
MONTHLY MEETING
Mr. Stewart MADE A MOTION TO APPROVE
THE MINUTES OF THE REGULAR MONTHLY
MEETING OF TUESDAY, AUGUST 20,
2013. The motion was seconded by Mr. Mitherz
and passed 7- 0 by unanimous voice-vote.
V.
PUBLIC COMMENT AND DISCUSSION
Mr. Guido asked for public comment on any issue not on the agenda. There was none.
VI.
NEW BUSINESS
1. OVERLAY DISTRICT FILE NO. 2013- 05, filed by Sharon L. Freeman, 7 B Street,
St. Augustine Beach, Florida, 32080, for overlay district allowances, per City of St.
Augustine Beach Ordinance No. 13- 08, for a proposed 1, 033- square- foot heated- and-
cooled third- story addition; north, south and east exterior roofed deck additions; three
exterior staircase additions; and one interior conditioned staircase addition to an existing
two-story, multi-family ( duplex) residence in a medium density residential land use
district in the overlay district at 7 B Street, PERTAINING TO LOT 8 AND THE EAST
ONE-HALF OF LOT 10, BLOCK 35, COQUINA GABLES SUBDIVISION, AND THE
NORTH ONE-HALF OF THE VACATED PORTION OF THE 15 ( FIFTEEN)- FOOT-
WIDE ALLEY LYING SOUTH OF SAID LOTS 8 AND 10, BLOCK 35, COQUINA
GABLES SUBDIVISION, SECTION 3, TOWNSHIP 8, RANGE 30, REAL ESTATE
PARCEL NUMBER 170210- 0000, AS RECORDED IN MAP BOOK 3, PAGE 30, OF
THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA.
Sharon Freeman, 7 B Street, St. Augustine Beach, Florida, 32080, applicant, said she' s
requesting to put a third- story addition on the duplex she owns at 7 B Street, which is a
vacation rental property. The proposed third-story addition includes two decks, which
she wants to add so her guests can see the ocean, as they're losing their ocean view
because of the growth of their neighbors' trees. She and her husband recently inherited
some money, and they intend for this property to be their retirement home, so they want
to build the third- story addition as the beginning process of renovating it. The third-story
addition will also have a bonus room for the people renting the duplex, so they can have a
pool table and couch up there and be able to see the ocean from the decks.
Mr. Mitherz asked if the proposed new addition will include a bedroom and bathroom,
along with the decks, and if there will be an interior staircase connecting the proposed
third- floor addition with the second- floor.
Ms. Freeman said yes, a second-story bedroom and bathroom addition is proposed to the
unit on the west side of the duplex. She asked her architect for the project to answer the
question regarding the interior staircase.
Bryan McCloskey, 108 1st Street, St. Augustine Beach, Florida, 32080, architect for the
project, said yes, one new interior staircase will be added to the back of the structure, on
the west side, connecting the third-story bonus room addition to the second- story
bedroom and bathroom addition and the second- story to the first-floor, as an exit. The
proposed addition also includes three exterior staircases. The idea behind the design
process was to get third-floor deck space for each unit of the duplex, one of which is on
the east, or ocean side, and the other on the west, or AlA Beach Boulevard side, so that
each unit has an ocean view. The other issue was to improve this property for the future,
when the owners will occupy the AlA Beach Boulevard side when they retire. The
concept was to build a shell for the second-story and third-story additions which could be
further enhanced in the future, and the reason for adding the multiple staircases was
because in the interim before the owners retire and move into this structure themselves,
either unit could be rented and the guests could occupy, and access, this additional space,
via their own staircases. There are privacy walls on the third-floor decks to guarantee the
privacy of the guests of each unit, and the exterior staircases were added to solve the
design problem of figuring out how the guests of each unit could use this additional space
and still have their privacy, as people on vacation naturally want their own space. They
didn't want to create a situation with the bonus room, decks, or the staircases that would
create privacy or shared access issues for the vacation rental guests.
Mr. Guido asked for any ex parte communication from the Board members. Mr. Mitherz
and Mr. Stewart both said they made site visits to the applicant' s property at 7 B Street.
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Mr. Bradfield asked what the square footage is for the third-floor decks and the interior
bonus room addition.
Mr. McCloskey said on the plans included with the application, Sheet A-8 shows that the
square footage of the third- floor is 1, 033- square- feet, and the total square footage of the
proposed exterior third-floor decks is 908 square feet. There' s also a note on this sheet
that says the new third-floor bonus room is to be limited to seventy percent of the 1, 478square feet of second- floor enclosed space, which comes to 1, 035 square feet.
The
square footage of the bonus room at 1, 033 square feet is in compliance with this.
Mr. Guido asked about parking for the site.
Ms. Freeman said in each driveway, there's room for two cars, and next to each driveway,
there' s room for one car. There are also two parking spots in front. However, all this
parking space isn't used by her tenants now, and she isn't increasing any tenant capacity,
this will remain the same. The proposed additions will just allow her to get more money
for vacation rentals since guests will have access to the bonus room and decks.
Right
now, she' s allowed to have eight tenants, and most of her rentals are to families.
Mr. Guido said it was mentioned that they're building a shell for future improvements, so
he asked what the applicant' s plans are down the road. For example, will the two existing
garages be turned into heated- and- cooled rooms in the future, he asked?
Ms. Freeman said for now, all she' s asking to do is add the third-floor bonus room and
decks, and the second- story bedroom and bathroom addition. Eventually, in the future,
probably no sooner than five or 10 years, when she and her husband are retired and their
kids are out of college, they'd like to live in Unit B, which is on the west, or AlA Beach
Boulevard side, and rent Unit A, which is the ocean side unit, as a vacation rental. Right
now they have money in the bank and can afford to begin renovating the house by adding
the third- floor bonus room and decks so her customers can see the ocean, so this is the
beginning of what will one day be a finished project, and a beautiful house.
Mr. Guido said basically when he hears the word " shell" along with the fact that they're
requesting to build third- floor decks, the next step would be to enclose the decks.
Ms. Freeman said no, she lives near the ocean, and she wants decks to sit outside and see
the water, so she would never enclose the decks.
Mr. Bradfield said he doesn't think the decks could be enclosed, because if they were, the
third-floor enclosed living space would then surpass seventy percent of the second- floor
enclosed space.
Mr. McCloskey said that's correct, they could only increase the enclosed third-floor
living space by an additional two square feet without exceeding the seventy percent ratio.
Mr. Guido asked what the height elevation will be with the proposed additions.
3
Mr. McCloskey said the height is under 35 feet, at approximately 34 feet, nine inches.
Mr. Guido asked Mr. Larson if he has any issues with this application.
Mr. Larson said no, absolutely none, it meets all of the criteria of the overlay ordinance.
Mr. Mitherz asked if there are any decks encroaching into the front or rear yard setbacks.
Mr. Larson said yes, the proposed third-floor decks will encroach three feet into the front
yard setback. Per the new overlay ordinance, front decks and porches are allowed to
encroach five feet into the front setback, so the decks are in compliance.
Mr. Guido asked for public comment. There was none.
Mr. Stewart made a motion to approve this application as submitted.
Mr. Hale seconded Mr. Stewart's motion.
Mr. Guido called for discussion on the motion, and said as the Board has final approval
on an overlay district application, he thinks they have to be very careful with the motion,
and specify that everything that has been presented to the Board and stated for the record
becomes part of the record and the motion to approve the application.
Mr. Whitehouse said the motion as made is probably sufficient, but it could be stated in
the motion to approve that the application meets the overlay district guidelines and
criteria. Everything that has been discussed here tonight is obviously part of the record,
so this will be subsumed into the motion, and he thinks this is what was intended by the
motion as made, but now that this has been clarified for the record, they're set, and of
course its assumed the applicants will proceed in compliance with the plans as submitted.
Mr. Mitherz asked Mr. Larson if, in discussion with the applicants as to the proposed
additions, there was ever any mention of turning this duplex into a triplex.
Mr. Larson said no, this was never mentioned, and the fact is it could never be a triplex,
as this would be in violation of the Land Development Regulations, so it's a moot point.
Mr. Bradfield said as Mr. Larson's staff memo recommends approval of this application,
based on the determination that it meets the conditions as referenced in the overlay
ordinance, this satisfies any concerns he may have about it.
Mr. Stewart MADE A MOTION TO APPROVE
OVERLAY DISTRICT FILE NO. 2013- 05, BAS-
ED ON THE DETERMINATION THAT THE
APPLICATION MEETS ALL OF THE CONDITIONS AND CRITERIA OF ORDINANCE NO.
13- 08, AND SUBJECT TO CONSTRUCTION
4
OF THE PROPOSED ADDITIONS IN COMPLIANCE WITH THE PLANS SUBMITTED
AS PART OF THE APPLICATION. The motion
was seconded by Mr. Hale and passed unanimously
7- 0 by roll-call vote.
VII.
1.
OLD BUSINESS
CONSIDERATION OF CRITERIA FOR DETERMINATION OF HISTORIC
BUILDINGS/SITES IN THE CITY, continued from the Board's regular monthly
meeting held on Tuesday, August 20, 2013, for the Board's discussion and consideration
of criteria to define and preserve historic buildings and sites within the City limits.
Ms. Gill said the County has an intern who's a senior and a history major at the
University of Central Florida, and he's taken an interest in what they're trying do here.
She' s discussed with him the kind of research she's been doing, and they're holding a
meeting next Monday here at City Hall with some people in the community who said
they'd like to help with this project. At the Board's next meeting in October, she' ll give a
summary of where they are, what they've done, and where they're going with it.
VIII.
BOARD COMMENT AND DISCUSSION
Mr. Bradfield asked what's going on with parking lot on the east side of Pope Road,
across the street from F.A.'s cafe and next to the State Park, as it's been closed for awhile
now and there are no signs of it being opened back up anytime soon. He's been told there
are some deliberations as to who has the rightful ownership of this parking lot.
Mr. Larson said this is a County issue right now, but since this parking lot is within the
City limits, the City will be responsible for issuing a permit if the Department of
Environmental Protection issues a notice to proceed. There may be an ownership issue,
dating back to the old days when the United States Army may have owned it.
Mr. Royle said the east end of Pope Road, for the time being, is going to be a staging area
for a beach inlet dredging project, so the County is not going to do anything with it for
the next six to eight months, until the Army Corps of Engineers is done with the dredging
project to clear sand from the inlet where the sand shoals. They need the whole lot for
their staging area, and don't want the public to be using it until they're done and have left.
IX.
ADJOURNMENT
The meeting
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at 7: 30 p. m.
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ecording Secretary
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