MINUTES REGULAR MEETING BOARD OF ADJUSTMENT March 19, Mr. Harshaw called the March 19, 2015, Board of Adjustment Meeting to order at 1:00 p.m.

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1 MINUTES REGULAR MEETING BOARD OF ADJUSTMENT March 19, 2015 A regular meeting of the City of Daytona Beach Board of Adjustment was held on Thursday, March 19, 2015, at 1:00 p.m. in City Hall Commission Chambers, 301 S. Ridgewood Ave., Daytona Beach, FL Board members present were as follows: Ms. Sharlene Barhoo Ms. Agnes Houston Mr. Rodney Janowski Mr. Thomas Leek Mr. Roger Stine Mr. Trey Harshaw Mr. Larry Riley Staff members present were as follows: Ms. Rose Askew, Planner Ms. Carrie Avallone, Assistant City Attorney Becky Groom, Board Secretary 1. Call to Order Mr. Harshaw called the March 19, 2015, Board of Adjustment Meeting to order at 1:00 p.m. 2. Roll Call Ms. Groom called the roll and noted members present. A quorum was noted. 3. Approval of Minutes December 18, 2014 Board Action: A motion was made by Mr. Janowski, seconded by Mr. Stine, to approve the minutes of the December 18, 2014, Board of Adjustment meeting. The motion carried unanimously.

2 New Cases: 4. Case A BOA Variance from Article 6, Section 6.8 of the Land A request by Gary Roberts, Commercial Construction, Inc., on behalf of Sergio and Desiree Zamora (property owners) for a variance from Article 6 (Development Standards), Section 6.8 (Fences, Walls, and Hedges) of the Land, to allow a 6 foot fence along the front of the property and along the south side of the property between the front lot line and the front of the structure. The property is located at 116 West Ocean Dunes Road. The zoning on the property is SFR-5 (Single-family Residential), the Future Land Use is Level 1 Residential, and is located in the South Atlantic National Historic District. Gary Roberts, Commercial Construction, 7 Sunshine Blvd., spoke regarding the variance request for 116 W. Ocean Dunes. Mr. Roberts stated the property owner is requesting the fence installation to try to create a more secure site. Mr. Roberts stated there are other properties along Peninsula Drive that have are higher fences than what is requested. He stated the gate will be electrically operated and will have emergency response capability for access by emergency vehicles. He stated there will be a walk gate which will also require a code for access. Mr. Roberts provided pictures of the existing property and presented what is proposed. Mr. Roberts stated one adjacent property owner had contacted him and was opposed to the fencing. He stated he has spoken with the property owner and assured her a survey will be done to make sure the fence is not located on her property. Ms. Askew stated an has been received from the southern property owner and she is no longer in opposition. Pat Thomas, 10 Jefferson Landing, asked the applicant to see what is proposed. Mr. Roberts shared the photos with Mr. Thomas that were provided to the Board. There were no Board comments. 2

3 A motion was made by Mr. Stine, seconded by Mr. Leek, to approve Case A BOA Variance from Article 6, Section 6.8 of the Land Development Code, as presented in the staff report. Sharlene Barhoo - Yes Rodney Janowski - Yes The motion carried unanimously (7-0). 5. Case B BOA Variance from Article 4, Section 4.5 of the Land A request by John O Hare, J & A Builders Inc., on behalf of Shree Vanavak, Inc. (property owner), for a variance from Article 4 (Zoning Districts), Section 4.5 (Tourist Base Zoning Districts) of the Land, to reduce the minimum required interior side yard setback from 15 feet to 12 feet to allow a deck on the second floor of the building. The property is located at 1242 South Ridgewood Avenue. The zoning on the property is T-2 (Tourist/Office/Restaurant and the Future Land Use is Office Transition. Mr. O Hare stated when plans were submitted, he was informed a 10 foot setback is required but has now been told the setback is 15 feet. Mr. O Hare stated he has submitted plans on 3 occasions based on a 10 foot setback and the last submittal was with a 15 foot setback. Staff Comments Ms. Askew stated the applicant submitted a request for a building permit to install a deck on the second floor and a staircase on the exterior of the building. Mr. O Hare was told the application did not meet setback requirements and the measurements were not accurate. Ms. Askew stated a variance is needed for a 5 foot variance but the application that has been submitted states a 12 foot setback is requested. Ms. Askew stated based on the application, the case was advertised requesting a 12 foot setback but Mr. O Hare is now requesting a 10 foot setback. 3

4 Ms. Avallone stated since the case was advertised requesting a 12 foot setback, the case would have to be continued and re-advertised since the applicant is now requesting a 10 foot setback instead of the 12 foot setback as stated on the building permit application. Don Schick, 329 Wilder Blvd., asked what section of the property would be affected by the variance requested. Mr. O Hare stated the variance is requested for the north side of the property. There were no Board comments. A motion was made by Mr. Stine, seconded by Mr. Riley, to continue Case B BOA Variance from Article 4, Section 4.5 of the Land. Sharlene Barhoo - No Rodney Janowski - Yes The motion carried (6-1, Ms. Barhoo voting no). 6. Case C BOA Variance from Article 4, Section 4.2 of the Land A request by Augustine Builders, on behalf of Saint George Coptic Orthodox Church for a variance from Article 4 (Zoning Districts), Section 4.2 (Residential Base Zoning Districts) of the Land, to increase the maximum building height from 35 feet to 48 feet to allow a bell tower. The property is located at 300 North Halifax Avenue. The zoning on the property is RP (Residential Professional), the Future Land Use is Office Residential, and it is located in the Main Street Redevelopment Area and the Seabreeze National Historic District. 4

5 David Leet, architect, spoke representing the applicant. He stated the bell tower will be the last addition to the property. He stated the size of the tower is in scale with the rest of the structure. Mr. Leet stated in accordance with the Land, the size of the property for this request must be 2 acres and the church site is 1.67 acres. Mr. Leet stated staff and the Beachside Redevelopment Board both support this request. Susan Thomas, 300 N. Peninsula, stated she lives across from the church and asked how often the bell will be rung and how loud it will be. Mr. Leet stated he did not know but felt it would only be rung before church services. Dick Heberly, 7 Fontainebleau Circle, commended the church on what has been done to beautify the area. There were no Board comments. A motion was made by Mr. Leek, seconded by Mr. Stine, to approve Case C BOA Variance from Article 4, Section 4.2 of the Land, as presented in the staff report. Sharlene Barhoo - Yes Rodney Janowski - Yes The motion carried unanimously (7-0). 7. Case D BOA Variance from Article 4, Section 4.2 of the Land A request by Bobbie Laffrey, on behalf of Secured Capital Fund III, LLC (property owner) for a variance from Article 4 (Zoning Districts), Section 4.2 (Residential Base 5

6 Zoning Districts) of the Land, to reduce the minimum required front yard setback from 25 feet to feet; and the minimum required rear yard setback from 25 feet to 19 feet to build a single-family home. The property is located at 402 Butler Boulevard. The zoning on the property is RP (Residential Professional), the Future Land Use is Office Residential, Bobbie Laffrey, 19 W. Point Drive, Rockport, Texas, stated she purchased the property in order to build a home. She stated it is a small lot which is what she wants due to maintenance. Staff Comments Ms. Askew stated the lot is irregular shaped and Ms. Laffrey is working with staff since the site is located in the redevelopment area. Mr. Stine asked the size of the proposed home. Ms. Laffrey stated 2100 sq. ft. Mr. Janowski asked if off-street parking will be required. Ms. Laffrey stated she plans to build a 2-car garage. There were no public comments. A motion was made by Mr. Stine, seconded by Ms. Barhoo, to approve Case D - BOA Variance from Article 4, Section 4.2 of the Land, as presented in the staff report. Sharlene Barhoo - Yes Rodney Janowski - Yes The motion carried unanimously (7-0). 6

7 8. Case E BOA Variance from Article 18, Section 6 of the Land A request by Chelsea J. Anderson, Esq., Cobb Cole, on behalf of Indigo Development LLC, for a variance from Article 18 (Appearance Standards), Section 6 (Signs) of the previous Land, to increase the maximum height for two ground signs from eight feet to 20 feet each; and to increase the maximum copy area from 32 square feet to square feet each. The subject property is located south of LPGA Boulevard and adjacent to the eastern right-of-way to I-95. The zoning on the property is M-4 (Industrial Park) and the Future Land Use is Interchange Commercial/General Industrial/Mixed Use. Chelsea Anderson, Cobb & Cole, 149 S. Ridgewood, spoke representing the applicant. Ms. Anderson presented materials that showed the location of the subject property and proposed signage. Ms. Anderson stated this site is part of the Tomoka Town Center site and, if approved, additional restaurants and hotels are planned for the site. Ms. Anderson stated the site does not have frontage along I-95. Ms. Anderson stated a 20 foot high sign is requested with sq. ft. of copy area. There were no public comments. Mr. Stine stated this request is similar to what was approved for the Auto Mall. Ms. Askew stated the signs that are requested are similar to what are in place at other sites of this size, although there are currently no projects comparable in Daytona Beach. Mr. Janowski stated signage was an issue addressed in the new Land Development Code; and communities with higher expendable income, such as the Villages, do not permit larger signs. He stated he does not feel a larger sign will generate interest in the businesses. Ms. Anderson stated the signage will be highly landscaped and stated the proposed signage is smaller than what is in place at Volusia Mall. She stated there will be businesses that will not have I-95 frontage and signage will be needed to attract visitors to the site. 7

8 Mr. Leek stated he feels the signage is necessary to attract visitors to the site. Ms. Houston stated she is happy to see this project move forward. Mr. Harshaw stated he does not like signage like is along I-Drive in Orlando. He stated he is not opposed to this signage but asked how many signs the applicant will be requesting in the future as development occurs. Ms. Anderson stated she does not know what development will be presented in the future but stated this is the signage requested for Tomoka Town Center. Rob Merrell, Cobb & Cole, stated the site will generate 800 jobs and $100,000,000 in capital improvements just for the Tanger Outlet site. He stated the scale of the proposed signage to the size of the project is appropriate. He stated there may be future requests for monuments signs along Williamson but the requested signage needs to be visible from I-95. Mr. Leek stated there will only be two signs of this size because there are only two entrances to the site. A motion was made by Mr. Stine, seconded by Mr. Leek, to approve Case E BOA Variance from Article 18, Section 6 of the Land as presented in the staff report. Sharlene Barhoo - Yes Rodney Janowski - No The motion carried 6-1 with Mr. Janowski voting no. 8. Review of Cases Case A - Approved unanimously 7-0 Case B - Continued Case C - Approved unanimously 7-0 Case D - Approved unanimously 7-0 Case E - Approved 6-1 8

9 9. New Business Ms. Askew stated Dr. Bannerman has resigned and the City Clerk s Office is accepting applications for a replacement. Ms. Askew reminded the Board members of the reception this evening for all of the City s advisory board members. 10. Adjournment There being no further business to come before the Board, the meeting was adjourned at 1:53 p.m. Trey Harshaw Chair Becky Groom Board Secretary 9