[1. CALL TO ORDER / ROLL CALL / DETERMINATION OF QUORUM]
[00:00:03]
WELCOME TO THE MARCH 2024 BOARD OF ADJUSTMENTS MEETING.AS WE NORMALLY DO, LET'S STAND AND SAY THE PLEDGE OF ALLEGIANCE FIRST.
CHUCK, WOULD YOU LIKE TO START US, PLEASE?
>> THANK Y'ALL. SYLVIE, CAN YOU CALL THE ROLL, PLEASE?
>> SINCE BARRY IS OUT, THIS TIME WE ARE GOING TO SEAT KELLY POWERS FOR A FULL BOARD.
WE DON'T NEED TO VOTE ON THAT, CORRECT? THAT'S JUST A GIVEN? I'LL ASK FIRST IF WE HAVE ANY EX-PARTE COMMUNICATIONS REGARDING THIS CASE?
>> OH, I DO. WELL, DONNA IS MY NEIGHBOR AND I HAVE A RELATIONSHIP WITH HER PREVIOUSLY FROM MY DAUGHTERS BEING IN HER CLASS, BUT THAT'S IT.
>> IS THERE ANY CONVERSATIONS THAT OCCURRED RELATIVE TO THIS PARTICULAR CASE, YET?
>> BEING FRIENDS JUST AT THIS POINT?
>> TAMMI, WOULD YOU LIKE TO TELL US ABOUT THE QUASI-JUDICIAL PROCEDURES, PLEASE?
>> SURE. WE HAVE ONE CASE ON THE AGENDA TONIGHT, AND THE BOARD IS GOING TO CONDUCT A QUASI-JUDICIAL HEARING, WHICH MEANS FIRST, MS. HARTMANN WITH CITY STAFF, IS GOING TO MAKE A PRESENTATION AND INTRODUCE EVIDENCE INTO THE RECORD.
AND YOU HAVE IN FRONT OF YOU AND UPLOADED TO THE WEBSITE, WE SEND THAT OUT ABOUT A WEEK AHEAD OF TIME, THE APPLICATION FOR THE VARIANCE, THE STAFF REPORT, EVALUATING THE CRITERIA, PHOTOGRAPHS, AND OTHER EVIDENCE.
THAT IS ALREADY DEEMED IN THE RECORD, AND IT IS IN FRONT OF YOU ON THE COMPUTER SCREENS AND ACCESSIBLE TO THE PUBLIC AS WELL.
FIRST, MS. HARTMANN WILL MAKE HER PRESENTATION, AS I SAID, AND THEN THE RESPONDENT OR THE PROPERTY OWNER, WILL COME UP AND HAVE AN OPPORTUNITY, MAKE A PRESENTATION, INTRODUCE EVIDENCE INTO THE RECORD.
THERE IS NO TIME LIMIT ON HOW LONG YOU GET TO SPEAK.
YOU'RE INTRODUCING EVIDENCE IN TESTIMONY, SO BEFORE WE ALL START THE HEARING, THE CHAIR IS GOING TO ASK ANYBODY THAT WISHES TO SPEAK IN THIS HEARING, EVEN IF YOU'RE NOT SURE, PLEASE MAKE SURE THAT YOU TAKE THE OATH.
WE DO THAT ALL AT THE SAME TIME AT THE BEGINNING OF THE MEETING.
EVERYTHING IN YOUR TESTIMONY IS OBVIOUSLY UNDER OATH THEN.
AND AFTER THE PARTIES, WHICH ARE THE CITY AND THE PROPERTY OWNER MAKE THEIR PRESENTATIONS AND INTRODUCE EVIDENCE, AND THEN ANY AFFECTED PARTIES, WHICH MEANS YOU LIVE IN THE CITY LIMITS, AND YOU ARE ALSO ALLOWED TO TESTIFY AND PRESENT EVIDENCE AND TESTIMONY.
WHEN THE PARTIES ARE FINISHED AND THE CHAIR ASKS FOR ANY AFFECTED PARTIES THAT WISH TO SPEAK, PLEASE COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU ARE NOT LIMITED EITHER BY THE AMOUNT OF TIME THAT YOU GET TO SPEAK AND PRESENT EVIDENCE AND TESTIMONY.
ARE THERE ANY QUESTIONS ABOUT THAT SO FAR? SO TONIGHT UNDER OUR CODE, THIS IS A VARIANCE REQUEST, AS YOU KNOW, AND A VARIANCE REQUEST REQUIRES A SUPER-MAJORITY VOTE TO APPROVE THE VARIANCE.
THERE'LL BE FIVE MEMBERS OF THE BOARD TONIGHT ABLE TO VOTE.
FOUR OUT OF THE FIVE MEMBERS MUST SAY YES ON A MOTION TO APPROVE IN ORDER FOR THE VARIANCE TO BE GRANTED.
IF IT IS A MOTION TO NOT APPROVE THE VARIANCE, THEN I DID GET TO LOOK AT THE STAFF REPORT.
STAFF HAS RECOMMENDED APPROVAL OF THIS VARIANCE, THAT ALL THE CRITERIA HAVE BEEN MET AND IF YOU DO NOT BELIEVE OR YOU FEEL DIFFERENTLY THAN STAFF, AND YOU MAKE A MOTION TO NOT APPROVE THIS VARIANCE, PLEASE MAKE SURE YOU STATE YOUR REASONS WHY IT DOES NOT MEET CERTAIN CRITERIA OF THE CRITERIA IN YOUR MOTION.
THAT HELPS US PRESERVE THE RECORD FOR APPEAL, WHICH IS MY NEXT POINT.
IF THERE IS AN APPEAL OF THE DECISION TONIGHT BY ANYONE ABLE TO MAKE AN APPEAL, THAT APPEAL HAS TO BE FILED WITH THE CIRCUIT COURT HERE IN NASSAU COUNTY WITHIN 30 DAYS OF THIS BOARD'S DECISION, SO IT'S A VERY SHORT STATUTE OF LIMITATIONS TIME PERIOD TO APPEAL.
ANY QUESTIONS? THAT'S ALL I HAVE. THANK YOU.
>> AS TAMMI MENTIONED, WHAT WE'RE GOING TO DO NEXT IS WE CAN HAVE SYLVIE ADMINISTER THE OATH.
ANYBODY WHO WISHES TO SPEAK AT ANY TIME, WE DO IT ONCE UP FRONT JUST BECAUSE IT'S EASIER.
BUT THEN IF YOU GUYS DON'T TAKE THE OATH AND YOU DO WANT TO COME UP AND SPEAK FOR ANY REASON, JUST VOLUNTEER, WE'LL HAVE YOU TAKE THE OATH AGAIN, SEPARATELY.
[00:05:01]
SO ANYBODY WHO WISHES TO, PLEASE STAND.>> YOU WILL RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE ORAL AND/OR WRITTEN TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> THANK YOU. USUALLY, OUR DEFAULT PERSON IS BARRY TO REVIEW
[3. APPROVAL OF MEETING MINUTES]
THE MEETING MINUTES AND ALWAYS TENDS TO FIND SOME NUANCE.BARRY IS NOT HERE TODAY, SO IT'S UP TO US.
ANYBODY REVIEW THE NOTES AND DOES ANYBODY HAVE ANY COMMENTS? GO AHEAD, MARGARET.
>> I HAVE A FEW JUST MINOR TYPOS.
DO YOU WANT ME TO? THREE. ONE IS IN THE DISCUSSION ABOUT MY COMMENT THAT I MADE AT THE MEETING.
THE WORD THEN, T-H-E-N SHOULD BE THAN, T-H-A-N.
THEN IN THE DISCUSSION, IN BOLD, ABOUT THE ACTION TAKEN, THERE ARE TWO IN THE SECOND TO LAST LINE DESCRIBING THE ACTION TAKEN.
THERE ARE TWO OF THE WORDS 'THAT' APPEAR TOGETHER, IT SAYS, "THAT FINDS THAT THAT BOA", SO WE NEED TO DELETE ONE OF THOSE.
ON THE LINE ABOVE THAT, WHERE IT SAYS THE APPLICATION SHALL NOT EXCEED NINE UNITS AND, THE WORD 'OFFER' APPEARS, AND I BELIEVE THAT EITHER MEANS TO BE ALSO OR OTHERWISE.
WE CAN ASK MEMBER ROSS SINCE SHE MADE THAT MOVE, BUT I DON'T THINK WE OFFER OUR LDC REQUIREMENTS, SO THAT WORD IS NOT QUITE RIGHT.
>> THOSE ARE THE THREE THINGS THAT I THINK WE JUST NEED TO CLEAN THAT UP.
>> ANYBODY ELSE? I AGREE ENTIRELY.
CAN WE GET A MOTION TO APPROVE THIS AS NOTED?
>> YOU MAY WANT TO DISCUSS WHAT WORD SHOULD BE THERE BESIDES 'OFFER'.
>> WHAT WAS THE WORD YOU CHOSE?
>> [LAUGHTER] I WAS OKAY WITH THE WORD 'OFFER', IT WAS OFFERED, BUT I AGREE THAT IT PROBABLY SHOULD BE.
>> IT'S THE LAST SENTENCE ON THE LAST PAGE.
>> I'M NOT OPPOSED TO THE WORD OFFER.
THERE MAY BE A BETTER CHOICE OF WORDS.
>> ANYONE ELSE HAVE A BETTER CHOICE?
>> IS THE IDEA THAT WE WANT THEM TO MAKE SURE THEY COMPLY WITH EVERYTHING ELSE.
THAT'S WHY I DECIDE SHOULD BE ALSO.
>> I THINK THAT'S WHAT WAS MEANT. ALSO.
>> WE CAN REPORT THAT. AGAIN, WE NEED A MOTION.
>> I MOVE WE ACCEPT THE MINUTES WITH THE CORRECTIONS SUGGESTED THE DATES.
>> DO WE HAVE ANY OLD BUSINESS TO DEAL WITH AHEAD OF US? LET'S JUST GO AHEAD AND JUMP IN. TAYLOR, ARE YOU READY?
[4.1 BOA 2024-0002 - SEASIDE LEARNING ACADEMY LLC, DONNA FERREIRA, AGENT FOR CLAY TIMES LLC, POLLY BEACH, 112 S. 3RD STREET]
>> THANK YOU, CHAIR. GOOD EVENING.
TONIGHT, WE HAVE ONE, A VARIANCE REQUEST.
APPLICANT DONNA FERREIRA IS ACTING AS AGENT FOR THE PROPERTY OWNER, MISS POLLY BEACH.
THE LOCATION IS 112 SOUTH THIRD STREET, AND THERE IS AN AERIAL VIEW.
I'M SORRY. THAT IS NOT THE CORRECT ONE.
THE PROPERTY IS ZONED MU-1, WHICH IS A FUTURE LAND USE OF MIXED USE.
THE REQUESTED ACTION IS A VARIANCE FROM LDC SECTIONS 6.02.12 LETTERS B THROUGH D, WHICH ARE SUPPLEMENTAL STANDARDS IN ORDER FOR A DAYCARE CENTER TO OPERATE WITHIN THE MU-1 ZONING DISTRICT.
CURRENTLY, IT IS AN ART STUDIO.
FOR THE RECORD, ALL REQUIRED APPLICATION MATERIALS HAVE BEEN RECEIVED, ALL THE FEES HAVE BEEN PAID AND ALL THE REQUIRED NOTICES HAVE BEEN MADE.
THE SUBJECT PROPERTY IS APPROXIMATELY 0.21 ACRES.
[00:10:05]
AGAIN, THE PROPOSED PROJECT, THE APPLICANT'S INTENT IS TO ESTABLISH A CHILD DAYCARE FACILITY.AS FAR AS CONSISTENCY WITH OUR LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN, IT IS AN ALLOWABLE USE WITHIN THAT MU-1 ZONING DISTRICT AS LONG AS IT MEETS THE FOLLOWING SUPPLEMENTAL STANDARDS.
I'VE COPIED THE SUPPLEMENTAL STANDARDS HERE.
AT THE BOTTOM OF THAT PHOTO, YOU'LL SEE TABLE 6.01.12, WHICH GOES INTO MORE DETAIL WITH THE SUPPLEMENTAL STANDARDS THAT ARE REQUIRED.
THE APPLICANT IS REQUESTING RELIEF FROM THE EXEMPTION CODE FOR ADAPTIVE REUSE OF AN EXISTING STRUCTURE BECAUSE THE SITE IS CURRENTLY UNABLE TO MEET THE REQUIREMENTS IDENTIFIED IN THOSE SUPPLEMENTAL STANDARDS AND TABLE 6.02.12D.
THE CURRENT LAND AREA AS COMPARED TO THE REQUIREMENTS WITHIN THE LDC, THE PARCEL IS APPROXIMATELY 9,375 SQUARE FEET AND THE CURRENT BUFFERS WHICH PERTAIN TO THE ADJACENT ZONING DISTRICTS FOR AN MU-1 PROPERTY TO A C-3 PROPERTY WOULD TYPICALLY REQUIRE A TYPE A BUFFER OR A 10 FOOT MINIMUM WIDTH OF LAND CONTAINING AT LEAST TWO UNDERSTORY TREES PER 100 LINEAR FEET OF PROPERTY LINE, AND THE SECOND BUFFER WOULD BE MIXED USE TO AN R-2, WHICH IS A RESIDENTIAL DISTRICT.
REQUIRES A TYPE B BUFFER OF AT LEAST 15 FEET MINIMUM LAND WIDTH CONTAINING AT LEAST FOUR UNDERSTORY TREES PER, AGAIN, 100 LINEAR FEET OF PROPERTY LINE.
THE CURRENT PARKING LOCATION IS ADJACENT TO THE PUBLIC RIGHT OF WAY IN FRONT OF THE EXISTING STRUCTURE.
FOR ACCESS CURRENTLY ON SITE, THERE IS NO SEPARATE OFF STREET DROP OFF AREA AND THERE IS NOT ADEQUATE SPACE TO ACCOMMODATE SUCH AN AREA.
THE SUBJECT PROPERTY IS BLOCK 12 PLATTED LOTS 2, 3 AND 4 WITHIN THAT PURPLE MIXED USE ZONING DISTRICT.
THERE IS COMMERCIAL TO THE NORTH AND RESIDENTIAL TO THE EAST AS WELL AS THE MIXED USE ALSO TO THE SOUTHWEST OF THAT.
THIS IS A CURRENT SURVEY OF THE PARCEL.
YOU NOTICE THAT THE STRUCTURE ITSELF, THE MAIN BUILDING IS LOCATED IN THE SOUTHEAST CORNER, MAKING BUFFERS AGAINST THOSE ZONING DISTRICTS NOT POSSIBLE.
THERE IS CURRENTLY A FENCED IN AREA TO THE NORTH AND THEN AGAIN, THAT GRAVEL DRIVEWAY AND CONCRETE PAD IN THE FRONT IS THE CURRENT PARKING LOCATION.
WITH REGARD TO THE SIX CRITERIA FOR GRANTING A VARIANCE, STAFF DOES FIND THE FOLLOWING.
THAT SPECIAL CONDITIONS DO EXIST AS THEY RELATE TO THE LAND AND PARTICULARLY THE STRUCTURE.
THE SUBJECT BUILDING WAS ORIGINALLY CONSTRUCTED IN 1976 AND UNDERWENT SIGNIFICANT RENOVATIONS IN 2006 TO ESTABLISH A CHILDCARE FACILITY.
PERMITS TO MAKE THESE CHANGES WERE APPLIED FOR PRIOR TO THE ADOPTION OF THE CURRENT LDC AND ITS SUPPLEMENTAL STANDARDS, ALLOWING FOR THE BUILDING TO EFFECTIVELY BE GRANDFATHERED IN AS A LEGAL NON CONFORMITY.
CRITERIA 2 OF SPECIAL PRIVILEGE.
GRANTING OF THIS VARIANCE DOES NOT CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE THAT IS OTHERWISE DENIED BY THE LDC.
ANY SIMILARLY SITUATED PROPERTY OWNER WITHIN THE ZONING DISTRICT HAS THE RIGHT TO REQUEST RELIEF FROM THIS PARTICULAR SECTION OF CODE 6.02.12 B THROUGH D.
CRITERIA 3, THE LITERAL INTERPRETATION OF THE LAND DEVELOPMENT CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES WITHIN THIS ZONING DISTRICT.
A LITERAL READING OF THE LDC'S SUPPLEMENTAL STANDARDS DOES NOT FACTOR IN THE VIBRANT URBAN ENVIRONMENT SURROUNDING THE SUBJECT PROPERTY OR THE ADAPTIVE REUSE OF STRUCTURES ENCOURAGED BY THE COMPREHENSIVE PLAN.
CRITERIA FOR MINIMUM VARIANCE.
THE VARIANCE REQUESTED IS THE MINIMUM VARIANCE NEEDED TO MAKE POSSIBLE THE REASONABLE USE OF THE LAND.
RELIEF FROM THE SUPPLEMENTAL STANDARDS IS THE ONLY REQUEST THAT THE PLANNING DEPARTMENT HAS RECEIVED.
CRITERIA 5 OF GENERAL HARMONY.
[00:15:02]
GRANTING THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THE LAND DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN.THE SUPPLEMENTAL STANDARDS OF THE LDC WERE ORIGINALLY ADOPTED AS PART OF A BRAND NEW CODE.
HOWEVER, THEY DO NOT ALLOW FOR ANY FLEXIBILITY WHEN CONSIDERING THE REUSE OF STRUCTURES OR THE NATURE OF DOWNTOWN FERNANDINA.
THE GENERAL INTENT OF BOTH THE CODE AND THE COMPREHENSIVE PLAN IS TO RESPECT THE ESTABLISHED COMMUNITY CHARACTER, WHILE ALSO ALLOWING FOR RESPECTFUL REDEVELOPMENT.
FOR CRITERIA 6 OF PUBLIC INTEREST, GRATING THE VARIANCE IS COMPATIBLE WITH THE SURROUNDING PROPERTIES, WILL NOT CAUSE INJURY TO THE AREA INVOLVED OR OTHERWISE BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, WELFARE OR ENVIRONMENT.
ESTABLISHING A NEW CHILDCARE FACILITY IN AN EXISTING BUILDING THAT WAS PREVIOUSLY RENOVATED FOR THAT SAME USE WOULD UTILIZE FEWER RESOURCES THAN TOTAL DEMOLITION AND RECONSTRUCTION.
FURTHERMORE, THE EXPANSION OF IMPERVIOUS SURFACES FOR PARKING AND AN OFF STREET DROP OFF AREA WOULD CONTRIBUTE TO MORE OF AN URBAN SPRAWL, WHICH IS INCONSISTENT WITH THE CITY'S VISION FOR WALKABILITY.
STAFF DOES FIND THAT THE REQUESTED ACTION AS PRESENTED MEETS ALL SIX CRITERIA FOR GRANTING A VARIANCE, AND AS SUCH, MUST RECOMMEND APPROVAL.
THANK YOU. I'M HAPPY TO ANSWER ANY QUESTIONS.
>> YES. MS. HARTMANN, WOULD YOU MIND BRINGING UP 2120 WILL HARDEE ROAD?
>> IS THAT IN THE COUNTY OR THE CITY?
>> IS THERE SOMETHING WE CAN SPEAK TO WHILE SHE'S GETTING A VISUAL?
[BACKGROUND] I BELIEVE OUR IT IS UPSTAIRS.
THANK YOU. SORRY. I HAVE IT UP HERE, BUT IS THERE IN THE MEANTIME?
>> YES. 2120 WILL HARDEE ROAD, THE TREEHOUSE ACADEMY IS ANOTHER DAYCARE CENTER THAT'S IN THE CITY.
THERE'S A CONCERN THAT THIS IS GOING TO BE A SPECIAL PRIVILEGE GIVEN.
THE ACTUAL ACREAGE GIVEN BY THE NASSAU COUNTY PROPERTY APPRAISERS FOR THAT PROPERTY IS 0.77 ACRES.
IT MEETS THE CRITERIA OF HALF AN ACRE AS REQUIRED BY THE CODE.
ANOTHER ONE I'D LIKE YOU TO LOOK UP IS 1986 CITRONA DRIVE.
IT'S THE STEP BY STEP LEARNING CENTER.
>> IT HAS 1.1 ACRES, WHICH WELL EXCEEDS THE REQUIREMENT OF THE CODE.
>> I'M SORRY, MEMBER ROSS. YOU SAID 1986?
>> GIVE RELEVANCE TO WHY YOU'RE BRINGING THESE UP.
>> WE ARE CHECKING A BOX THAT WE ARE NOT GIVING A SPECIAL PRIVILEGE TO SOMEONE.
THE DAYCARE CENTERS IN THE CITY HAVE MET CODE REQUIREMENTS.
[00:20:05]
TO ALLOW THE NONCONFORMING USE TO EXIST AGAIN, WE WOULD BE GIVING A SPECIAL PRIVILEGE.ANOTHER ONE NOTED IS 601 CENTER STREET.
YOU MAY WANT TO CONFIRM THAT IS THE LAMB EARLY EDUCATION CENTER ON SIXTH STREET AND THAT ALSO HAS OVER AN ACRE.
ALSO, ALL THREE OF THESE LEARNING CENTERS HAVE ENTERED DROP-OFF AREAS WHERE KIDS CAN SAFELY GET OUT OF A VEHICLE AND GET INTO THE BUILDING AND THE PARENTS LEAVE.
ONE OF THE LARGEST COMPLAINTS WE HAVE IN THE CITY RIGHT NOW IS CONGESTION WITH CARS.
PRESENTLY OVER AT THE ELEMENTARY SCHOOL OVER ON LIME STREET.
>> YES. WE HAVE CARS LINED UP.
WE ALSO IN THE NEIGHBORHOOD OF NORTH THIRD STREET, HAVE THE CATHOLIC CHURCH WHERE THE CARS LINE UP AND NO ONE CAN GET PAST THEM.
VERY CONCERNED THAT WE DON'T HAVE ENOUGH SPACE FOR THIS FOR THE SAFETY OF THE KIDS, AND ALSO FOR THEM TO BE ABLE TO BE DROPPED OFF AND TAKEN INSIDE AND NOT IMPEDING SOUTH THIRD STREET BECAUSE THAT IS A VERY ACTIVE STREET.
IT SAYS IN THE STAFF REPORT THAT THERE'S NOT ENOUGH ROOM TO PUT A DROP-OFF AREA THERE.
>> THE PHYSICAL LOGISTICS THAT WOULD REQUIRE FOR VEHICLES TO PULL IN AND SAFELY TURN BACK OUT INTO TRAFFIC, THE LOT IS NOT WIDE ENOUGH.
>> THE ONLY SOLUTION IS TO HAVE THEM PARK ON THE STREET.
I'M GOING TO LET SOMEONE ADDRESS THAT FROM THE TESTIMONY.
>> MEMBER ROSS, I DID HAVE SOME ADDITIONAL INFORMATION.
I'M SORRY THAT WE CAN'T GET IT UP ON THE SCREEN RIGHT NOW REGARDING A FEW OF THOSE ADDRESSES THAT YOU BROUGHT UP.
FOR CLARIFICATION OR JUST FOR REFERENCE FOR THE AUDIENCE, 2120, LET ME SEE.
>> YES. THE DAYCARE CENTER, IT IS ZONED R1 RIGHT NOW.
IT IS A LEGAL NONCONFORMITY AS WELL.
IT DOES HAVE ITS PARKING IN THE FRONT, SO THIS WOULD BE A SIMILARLY SITUATED PROPERTY IF IT WENT THROUGH THE SAME CIRCUMSTANCES JUST FOR THE BOARD TO UNDERSTAND THAT THEY WOULD ALSO REQUIRE A VARIANCE IF THEY HAD SHUT DOWN, FOR INSTANCE, AND A RETAIL SHOP WENT IN THERE AND THEN THEY WANTED TO GO BACK.
THEY ARE IN THAT SAME CIRCUMSTANCE BECAUSE IT'S NOT EVEN A PERMISSIBLE USE WITH SUPPLEMENTAL STANDARDS.
THEY WOULDN'T EVEN BE ABLE TO SEEK A VARIANCE TO REOPEN THIS IN THIS LOCATION.
>> BUT THEY DO HAVE A DROP OFF?
>> THEY DO HAVE PARKING IN THE FRONT, WHICH IS A LEGAL NONCONFORMITY FOR COMMERCIAL USES. YES.
>> BUT THEY DO HAVE A DROP OFF?
>> YES, MA'AM. THEY HAVE SIGNIFICANTLY MORE SPACE IN THE FRONT.
>> 1986 CITRONA, I'M JUST CONFIRMING THAT ZONING.
>> 1986 CITRONA IS ZONE C2, SO THAT WOULD BE PERMISSIBLE USE WITHOUT ANY OF THE SUPPLEMENTAL STANDARDS.
AGAIN, THEY ARE IN A CIRCUMSTANCE WHERE THEIR PARKING IS A LEGAL NONCONFORMITY BECAUSE IT IS LOCATED IN THE FRONT.
BUT YES, THEY DO HAVE ON-SITE, A DROP OFF SIGNIFICANTLY MORE LAND AREA.
>> LOOK, I'M GOING TO PULL THAT ONE UP NOW AS WELL.
[00:25:04]
>> IT'S DOWN 6TH STREET, DOWN THE SIDE.
>> CAN YOU SEE THAT BOX BACK THERE? CAN YOU FLIP IT AND SEE IF THAT [INAUDIBLE]?
I'M JUST GETTING THIS IS AN AERIAL VIEW OF IT.
I'M SO SORRY. THEN TO CONFIRM THIS ZONING.
THIS IS C3 AND WITH THIS, IT IS A PERMISSIBLE USE OUTRIGHT WITHOUT SUPPLEMENTAL STANDARDS.
YES, IT DOES HAVE, LET ME GO BACK, [OVERLAPPING] TO THE INTERIOR PARKING ON SITE OR THE DROP OFF AREA.
I CAN TAKE OFF THE ZONING SO YOU CAN. THERE IT IS.
>> I HAVE, WHENEVER SOMEONE WANTS JEFF.
>> WE'LL LET THE PUBLIC SPEAK NEXT, BUT DOES THE BOARD HAVE ANY OTHER QUESTIONS?
>> HAVE A COUPLE OF QUESTIONS.
IF YOU WANT TO BRING UP THE ZONING OF THE PROPERTY AT ISSUE?
>> JUST BUILDING A BIT ON THE CONGESTION ISSUE OR CONCERNS OR DOES IT HAVE TO BE ZONING? ACTUALLY, IT'S JUST THE AERIAL VIEW.
AM I CORRECT THAT THE PROPERTY THAT ABUTS THIS ONE DIRECTLY TO THE SOUTH AS WELL AS TO THE SOUTH EAST, THOSE ARE PART OF WHAT'S KNOWN AS THE TRINGALI PROPERTIES?
>> THEREFORE, THE CURRENT PLAN THAT'S BEEN APPROVED BY THE CITY, ALTHOUGH IT'S AT ISSUE, IS TO PUT 12 TOWNHOUSES ON THAT PROPERTY?
>> I'M NOT AWARE OF ANY APPROVED PLAN BY THE CITY.
I THOUGHT THAT THE COMMISSION HAD GIVEN PERMISSION, BUT I KNOW IT'S IN COURT.
BUT IF THAT WERE TO GO THROUGH, I'M JUST RAISING THAT'S 12 RESIDENTIAL UNITS.
BECAUSE RIGHT NOW, IT'S FAIRLY WIDE OPEN.
FROM THESE VIEWS, IT LOOKS FAIRLY WIDE OPEN, NOT TOO CONGESTED.
BUT I'M THINKING IF YOU WERE TO GET THAT TO HAPPEN, THAT WOULD BE ADDING TO THE CONGESTION.
I DO THINK THAT THERE IS SOME POSSIBLE CONCERNS ON INCREASED CONGESTION IN THAT AREA.
BUT I MAINLY JUST WANTED TO CONFIRM THAT WAS THE TRINGALI, THAT THIS IS ABUTTED ON TWO SIDES BY THE TRINGALI PROPERTY.
>> BASED ON THE PROPERTY RESEARCH, IT'S NO LONGER OWNED BY THEM, BUT IF YOU'RE REFERENCING THE FERNANDINA BEACH TOWNHOME PROJECT THAT HAS BEEN GOING, THAT'S ONE OF THE SUBJECT PROPERTIES.
WE'LL LET THE APPLICANT APPROACH BOTH OF THOSE.
BUT NEITHER OF YOU UNDERSTAND HOW MANY STUDENTS SHE'S GOING TO HAVE? IF WE'RE TALKING THAT IT'S A SMALL AMOUNT, THEN LET'S LET THE APPLICANT.
ANY OTHER ONES TO BRING IT FOR STAFF? THIS IS FOR THE STAFF RIGHT NOW.
[00:30:01]
>> MY ONLY OTHER QUESTION WAS, IN TALKING ABOUT THE COMPREHENSIVE PLAN PROVISIONS, WE'RE FOCUSING A LOT ON 1-6 AND DOESN'T 1.05 SAY THAT WE'RE TO SEEK TO ELIMINATE NONCONFORMING USES?
>> HERE IS THE NEED TO BALANCE THE TWO.
>> YES, BUT IT'S NOT A NONCONFORMING USE. I WANT TO BE CLEAR.
>> CORRECT. NEITHER IS THE PROPOSED USE, IT'S NOT A NONCONFORMING USE.
>> IT WAS MIND CONFORMING THROUGH 2012 BECAUSE IT WAS GOT GRANDFATHERED IN.
>> YES. THE DAYCARE BECAUSE THE PERMITS WERE APPLIED FOR TO HAVE THE DAYCARE CENTER.
THOSE WERE HONORED BECAUSE IT WAS DONE A FEW MONTHS PRIOR TO THIS CURRENT CODE WITH THOSE SUPPLEMENTAL STANDARDS FOR THE ZONING DISTRICT BEING ADOPTED. YES.
>> ANYTHING ELSE? ANYBODY ELSE? WE'D LIKE MEMBERS OF THE PUBLIC TO SPEAK.
AGAIN, IF ANYBODY ELSE WANTS TO SPEAK, PLEASE COME TO THE PODIUM.
STATE YOUR NAME, ADDRESS, PLEASE AND ANYBODY ELSE WHO HASN'T BEEN SWORN IN? GO AHEAD.
>> HI. I'M DONNA FERRERA. FORGIVE ME.
I'M A LITTLE NERVOUS. I DON'T DO THIS VERY OFTEN. I'M A PRESCHOOL TEACHER.
BUT TO SPEAK TO MISS ROSS'S POINTS, I'VE WORKED AT BOTH ST. MICHAEL ACADEMY AND LAMB SINCE I'VE LIVED HERE IN FERNANDINA.
THE DIFFERENCE IN THIS AGE GROUP AGES 2-5.
THEY DON'T GET DROPPED OFF IN A CARPOOL LINE.
THE PARENTS WILL PULL IN, PARK AND BRING THEM INSIDE.
PARENTS GO TO WORK AT DIFFERENT TIMES.
SOME OF THE PROGRAMS ARE HALF DAY.
SOME CHILDREN WILL STAY LATER, AND THOSE THAT STAY LATER INTO AFTERCARE, THOSE PARENTS CAN ARRIVE ANYTIME BETWEEN THREE AND SIX O'CLOCK.
I DON'T SEE THIS BEING A BIG RUSH CREATING A LINE LIKE IT SOUTHSIDE OR SOMEWHERE.
TO SPEAK TO SOME OF THE OTHER POINTS IN HOW WE WANT FERNANDINA, THE COMPREHENSIVE PLAN IN DOWNTOWN FERNANDINA, HAVING BEEN A TEACHER IN DOWNTOWN.
IT'S A VERY SPECIAL PLACE TO TEACH CHILDREN TO BE ABLE TO WALK THEM TO CITY HALL, WALK THEM TO THE POST OFFICE, THE COURTHOUSE.
WE GET TO VISIT THE LIBRARY, SOMETHING SOME OF THESE CHILDREN DON'T GET TO DO.
I DO LOVE THE IDEA OF BEING PART OF THE COMMUNITY AND BEING DOWNTOWN.
WE DO THE TRICK OR TREATING ON CENTER STREET FOR THE KIDS.
THEN TALKING TO SOME NEIGHBORS RECENTLY, I'VE REALIZED HOW MANY MORE YOUNG FAMILIES ARE MOVING BACK INTO THE HISTORIC DISTRICT.
I'D LOVE TO SEE WE TALKED ABOUT THE WALKABILITY FACTOR, HAVING FAMILIES THAT CAN WALK THEIR CHILDREN TO SCHOOL OR THE GOLF CARTS THAT I SEE SOME OF THE FAMILIES AT ST. MICHAEL'S USING.
I DO WANT IT TO BE THAT COMMUNITY FEEL, AND I DO WANT TO BE A GOOD NEIGHBOR TO THOSE PEOPLE ON ASH ON THIRD STREET AS WELL.
IT IS A LOT OF COMMERCIAL ALONG ASH STREET.
ALREADY, A LOT OF THOSE PROPERTIES THAT I'M UP AGAINST ARE ZONED COMMERCIAL AND ARE USING IT IN THAT USE.
I DON'T WANT TO HAVE A NEGATIVE IMPACT ON THE RESIDENTIAL COMMUNITY.
I WANT TO SUPPORT THE RESIDENTIAL COMMUNITY AND PROVIDE A SERVICE THAT IS GREATLY NEEDED IN OUR COMMUNITY.
EVERY SCHOOL WE HAVE RIGHT NOW IS ON A 12-18 MONTH WAIT LIST.
I CAN TELL YOU, I'VE LOOKED AT HALF A DOZEN PROPERTIES WITHIN THE CITY LIMITS AND WITHIN THE COUNTY AND THE FACT THAT THIS BUILDING WAS ALREADY A DAYCARE, A CHILDCARE FACILITY.
WHEN I SAY IT IS SET UP AND READY TO GO, I UPLOADED THE PICTURES FOR TAYLOR.
IT NEEDS COSMETIC WORK, BUT IT'S NOT GOING TO NEED A BUNCH OF RENOVATIONS BECAUSE IT'S READY TO GO.
IT ALREADY HAS THE INDUSTRIAL COMMERCIAL KITCHEN. YES.
>> YES. QUESTIONS. WHAT IS THE CAPACITY FOR CHILDREN IN THAT BUILDING?
>> I'M STILL WORKING WITH DCF TO DETERMINE THAT, BUT BASED ON MY SQUARE FOOTAGE NUMBERS, YOU'RE REQUIRED TO HAVE 35 SQUARE FOOT PER CHILD FOR DCF.
THEN THERE'S PLAYGROUND REQUIREMENTS TOO.
I BELIEVE I COULD BE LICENSED AT 82.
I DON'T WANT TO BE QUOTED ON THAT NUMBER, BUT IT'S SOMEWHERE AROUND THERE.
THE MAJORITY OF THOSE CHILDREN, I ENVISION BEING THREE AND FOUR YEAR OLDS.
WE ARE NO LONGER GOING TO TAKE INFANTS BUT 2-5 YEAR OLD WILL BE THE MAIN FOCUS OF OUR SCHOOL.
>> FOR 82 CHILDREN, HOW MANY STAFF MEMBERS WOULD YOU NEED?
>> WELL, SOME OF THEM WOULD BE PART TIME.
THEY WOULDN'T BE THERE TOGETHER ALL THE TIME, BECAUSE AGAIN, KIDS GET DROPPED OFF AT DIFFERENT TIMES, PICKED UP AT DIFFERENT TIMES.
AND AGAIN, SOME OF THOSE STAFF MEMBERS LIKE MYSELF, HAPPEN TO LIVE REALLY CLOSE BY WHERE I HOPE TO RIDE MY BIKE TO WORK.
THAT'S PART OF THE FUN OF LIVING IN FERNANDINA.
I WANT TO RE RELIEVE THAT CONGESTION AS MUCH AS POSSIBLE.
THE WAY THE PARKING IS SITUATED, I KNOW WE COULDN'T QUITE SEE IT THERE.
THERE IS A LARGE GRAVEL AREA IN FRONT OF THE BUILDING THAT YOU COULD REALLY BE TWO CARS DEEP.
[00:35:02]
IF MY STAFF CAN PARK ON ONE SIDE, WE CAN FIGURE OUT A STAFF CONFIGURATION WHERE PARENTS CAN PULL IN BEHIND THEM AND THEY WON'T BE BLOCKING ANYBODY THAT'S NEEDING TO GET OUT OR COME AND GO.THERE WOULD BE ROOM FOR PARENTS TO PULL IN OFF THE STREET.
>> HOW MANY PARKING SPACES ARE ON THE PROPERTY?
>> I THINK WE DETERMINED EIGHT, BUT I'M NOT CERTAIN ON THAT.
BUT AGAIN, I THINK THAT'S EIGHT ACROSS, AND KELLY SAID WE COULD COUNT.
WHEN I SPOKE WITH MISS GIBSON, SHE SAID WE COULD DOUBLE PARK EMPLOYEES IN PARTICULAR, AND THAT WOULD EVEN PROVIDE A FEW MORE.
>> IF YOU GET A BUILDING PERMIT TO CHANGE YOUR CHANGE IN USE BECAUSE IT'S AN ART FACILITY RIGHT NOW.
YES. SHE'S A GALLERY, BUT ALL THE PEOPLE TEACH CLASSES.
I THINK THEY'RE HAVING ONE THERE TONIGHT.
>> THE REASON I'M ASKING IS CHANGE WITH THE BUILDING CODE IS A BIG DEAL IN TERMS OF DOLLARS AND IN TERMS OF BRINGING EVERYTHING UP TO.
>> I MET WITH JIMMY AND JAKE JACK SOMEBODY THAT WORKS WITH HIM.
I MET WITH THEM AND THEY ASSURED ME THAT I SHOULD BE OKAY IN THAT SCENARIO.
>> I'M NOT CHANGING THE FOOTPRINT.
YOU'RE NOT ALTERING THE OUTSIDE.
>> NO. WHEN I SAY IT IS BUILT UP AND SET UP AS A CHILD CARE FACILITY, IT IS COSMETIC WORK.
IT'S GOING TO STAY THE WAY IT IS.
THE ONLY THING I'M GOING TO DO IS HOPEFULLY MOVE THE FENCE OUT A LITTLE BIT WHEN I APPLY FOR THAT PERMIT.
>> FOR THE FACE POINT IF YOU HAVE 82 STUDENTS, YOU HAVE ENOUGH BATHROOMS FOR 82 STUDENTS?
>> EACH CLASSROOM IS BUILT WITH ITS OWN BATHROOM.
ALL THE PLUMBING IS ALREADY THERE.
THE WOMAN THAT BUILT IT WAS A FERNANDINA BEACH HIGH SCHOOL GRAD THAT HAD HER CHILD DEVELOPMENT ASSOCIATES, AND HER PARENTS BACKED HER FINANCIALLY WAS MY UNDERSTANDING.
THEY ACTUALLY HAVE ANOTHER LOCATION STILL OUT IN ELIE.
SHE KNEW WHAT SHE WAS DOING WHEN SHE DESIGNED THIS BUILDING. IT'S DESIGNED WELL.
>> CAN YOU DESCRIBE HOW THIS PARKING IS GOING TO GO ON? I'M LOOKING AT THE LIKE FROM THE STREET FORWARD.
IT LOOKS LIKE IN THIS PICTURE, AT LEAST IT LIKE A HEAD IN PARKING A PERSON PARKED HEAD IN.
IS THERE EMPLOYEES WILL BE HEAD IN PARKING A ROW OF THEM THERE? THERE'S A QUITE LARGE SECTION ALONG THE ROAD PULLING OFF IF NOT ACTUALLY PARKING.
THEN I ASSUME WALKING THE KIDS IN AND WHATNOT, THEN AND THEN MOVING ON.
BUT THE EMPLOYEES BE PARKED ALONG THE FRONT?
>> THAT'S WHAT I'VE GONE THROUGH A COUPLE OF DIFFERENT SCENARIOS, AND I THINK UNTIL WE GET IN THERE AND KIND OF SEE.
BUT I DO THINK THERE'S ROOM AND THERE'S AN ADA PARKING SPOT ALREADY PAVED AS WELL.
BUT I COULD PUT TWO CARS, TWO LIKE ME AND MY DIRECTOR ON ONE SIDE, AND THEN THE OTHER STAFF MEMBERS GOING ACROSS THE FRONT ON THE OTHER SIDE OF THE ADA PARKING.
THEN THAT WOULD PROVIDE ROOM FOR PARENTS.
THEY WOULDN'T JUST BE PULLING IN, A DRIVE THROUGH.
THEY WOULD HAVE TO PULL IN AND PARK.
AGAIN, BECAUSE OF THE AGE OF THE CHILDREN, MOSTLY IS WHY THEY'RE GOING TO BE IN CAR SEATS.
LEGALLY, WE'RE NOT ALLOWED TO PUT CHILDREN IN CAR SEATS AS TEACHERS.
THE PARENTS HAVE TO STRAP THEM IN, SO THEREFORE, THEY HAVE TO PULL IN AND PARK WITH THAT AGE.
>> I HAVE REAL CONCERNS WITH THIS IN THAT, FROM THE LOOK THE STREET VIEW, COULD WE HAVE THAT, PLEASE? I KNOW THERE'S A RESTAURANT ACROSS THE STREET.
I KNOW THERE ARE PEOPLE WHO PARK IN FRONT OF THAT ON THE STREET, EVEN THOUGH IT'S NOT DESIGNATED FOR PARKING.
>> PARK IN FRONT OF THIS PROPERTY?
>> YES. THEY'RE VERY INDISCRIMINATE ABOUT PARKING HERE.
>> THEY ARE PARKING IN FRONT OF THE TRINGALI WHATEVER YOUR GOING TO TALK ABOUT THAT PROPERTY.
>> YES. FURTHER UP THEY PARK ACROSS THE STREET.
YOUR ACCESS IS GOING TO HAVE TO BE MARKED IN.
BUT WHEN THAT HAPPENS, YOUR PARENTS ARE LIKELY TO STOP IN THE STREET AND TAKE THE CHILDREN OUT AND BRING THEM IN.
>> I SUGGEST THAT. THAT'S NOT A FACT. THAT'S AN OPINION.
>> I'M SERVING PUBLIC EDUCATION.
I'M VERY MUCH AWARE OF THE PROBLEMS THAT WE'RE HAVING IN THE CITY WITH THE DOUBLE PARKING. I AGREE.
>> WE CAN'T WE CAN'T ARGUE ABOUT AN OPINION. I BELIEVE IT FACTUAL.
>> I'M JUST SAYING THAT THIS IS WHAT I HAVE SEEN.
>> MY RESPONSE TO THAT WOULD BE THAT A LOT OF PARENTS, A LOT OF PEOPLE THAT VISIT DOWNTOWN, ASH STREET IS UTILIZED, THEY JUST MARK THOSE PARKING SPACES REALLY WELL AND THE PARALLEL PARKING IN FRONT OF WHAT IS THE TRINGALI PROPERTY.
MY PARENTS ARE GOING TO BE DROPPING OFF BETWEEN 7:00 AND 8:00 AM.
IT'S NOT A SUPER BUSY TIME DURING THE WEEK.
GARDEN STREET BISTRO ON THE WEEKEND, I'M SURE IS BUSIER AT THAT TIME OF DAY WITH BREAKFAST PATRONAGE.
[00:40:02]
I FIRST SEE THERE BEING PLENTY OF PARKING.AND AGAIN, I THINK PARENTS WOULD COME TO THIS LOCATION BECAUSE OF IT BEING IN THE HISTORIC DOWNTOWN AREA.
THEY DON'T MIND PARKING ON ASH AND WALKING THE CHILD IN.
IT'S PART OF THEIR EXPERIENCE.
THAT'S PART OF WHY WE WANT TO BE DOWNTOWN.
>> WHEN IT RAINS IS THERE ANY OTHER CONCERNS?
>> HAVE YOU DONE A MARKETABILITY TYPE STUDY TO GET A SENSE FOR HOW MANY YOU THINK OF THESE STUDENTS WILL BE RELATIVELY CLOSE IN.
CLEARLY HAS BEEN IN THIS DOWNTOWN AREA A LOT OF NEW DEVELOPMENT FAMILY.
DO YOU HAVE A SENSE OF THAT VERSUS THOSE WHO WORK DOWNTOWN AND WOULD BE DRIVING?
>> I HAVE A SENSE FOR MY NUMBERS, AND FOR THE FACT THAT, YES, THIS IS NEEDED IN OUR COMMUNITY, AND WE'VE DONE THAT FEASIBILITY STUDY.
I CAN'T SPEAK TO THE NUMBERS SPECIFICALLY WHO'S IN WALKING DISTANCE.
I CAN TELL YOU THAT I KNOW MORE YOUNG FAMILIES THAT ARE MOVING INTO THE HISTORIC DOWNTOWN AREA, SPECIFICALLY FROM THE NORTHEAST THAT HAVE COME DOWN.
I DO THINK WE'RE SEEING THAT INFLUX OF MORE YOUNG FAMILIES BACK ON THE ISLAND.
WHEREAS WHEN I FIRST MOVED HERE IN 2006, ALL THE YOUNG FAMILIES WERE MOVING OFF THE ISLAND BECAUSE THEY COULDN'T AFFORD.
I CAN'T SPEAK DIRECTLY TO YOUR QUESTION. I'M SORRY.
>> NO. AM I ALLOWED TO MENTION ANOTHER SITUATION THAT REMINDS ME OF THE SITUATION.
THE VPBK BUILDING AT ST. MICHAEL'S, IT'S A SIMILAR SITUATION IN TERMS OF SIMILAR ACREAGE.
IT'S IN THE HISTORIC DISTRICT, I BELIEVE, AND IT'S THAT POLL IN PARKING.
AND THERE'S NOT TWO SPOTS THAT ARE DEEP.
IT'S JUST RIGHT ALONG THE BUILDING.
BUT ANYWAY, JUST SIMILARITIES THAT.
>> THAT'S WHERE I THINK MY EXPERIENCE COMES INTO PLAY.
HAVING BEEN THE DIRECTOR OF THAT YELLOW HOUSE, THE VPK BUILDING, AND WE DID DEAL WITH THAT WITH THE CITY OR AT LEAST ST. MICHAEL'S HAD TO IN THE BEGINNING THAT I EXPERIENCED, WE NEVER HAD ANY ISSUES WITH THAT.
THEN ALSO HAVING WORKED AT LAMB, LAMB, YOU MENTIONED THE SIZE OF THEIR FACILITY, BUT THEY'RE ALSO PART OF THE CHURCH AND A BIGGER FACILITY THERE.
IT'S NOT ALL JUST THE PRESCH OOL IN THAT BUILDING, SO YEAH, ST. MICHAEL'S IS A SIMILAR SITUATION. I WOULD AGREE.
>> AGAIN, IT'S 30 MINUTES A DAY.
I DON'T FORESEE MY TRAFFIC BLOCKING THE ROAD THE WAY ST. MICHAEL'S TRAFFIC DOES, BECAUSE THEY'RE PICKING UP OLDER STUDENTS THAT CAN JUST BUCKLE THEMSELVES IN A SEAT BELT AND GO.
THESE CHILDREN, AGAIN, THAT'S NOT THE PARENTS HAVE TO PARK AND COME IN. THEY CAN'T GO THERE.
I THINK YOU ARE PERFECTLY FINE THAT IS MORE POPULAR THAN THIRD STREET IS.
THIRD STREET IS A THOROUGHFARE. DON'T GET ME WRONG.
ON THE WEEKENDS, EVENINGS, THOSE THINGS, BUT THAT'S AFTER YOUR HOUR, SO I MEAN, I THINK IT'S A MOOD POINT.
>> AGAIN, JUST GOING BACK TO THE USE OF THE BUILDING AND THE FACT THAT IT WAS A CHILD CARE FACILITY AND IT IS SET UP AND DESIGNED FOR THAT IS WHY I'M REALLY INTERESTED IN IT.
>> YEAH. YOU ANSWERED THIS ALREADY.
BUT CAN YOU ACTUALLY LIKE SHOW ME IN THAT PHOTOGRAPH WHERE THE EMPLOYEE PARKING WOULD BE.
>> THREE EMPLOYEES THERE, ONE, TWO, THREE, WITHOUT EVEN BEING ON THE RIGHT AWAY.
THEN I WOULD HAVE EMPLOYEES PARK ACROSS HERE, AND THEN THERE WOULD STILL BE ROOM FOR PARENTS TO PULL IN ALL THE WAY BEHIND THEM.
>> THERE IS THAT LARGE AREA RIGHT ON THE RIGHT AWAY AREA, JUST OFF THE ROAD.
I CAN'T I CAN'T SEE WHY THERE WOULD BE ANYBODY ON THE ROAD STOPPING AND LEAVING THEIR CAR THERE AS OPPOSED TO REALLY, RIGHT OFF THE ROAD, WHICH IS A VERY LARGE AREA RIGHT THERE.
>> MAY I ASK ONE MORE QUESTION?
>> YOU MADE A REFERENCE BOTH IN THE APPLICATION AND A MINUTE AGO ABOUT FENCE.
AND BECAUSE AGAIN, WE'RE NOT GOING TO PART OF THE VARIANCES FROM THE BUFFER TO THE RESIDENTIAL PROPERTIES.
CAN YOU TALK A BIT ABOUT THE FENCE AND THE PLACEMENT BECAUSE IT'S NOT CLEAR TO ME, WERE YOU REPLACING JUST THE EXISTING FENCE OR PUTTING MORE FENCING?
>> I HAD SPOKE WITH KELLY GIBSON TO ASK HER WHAT MY OPTIONS WERE.
AGAIN, I WASN'T GOING TO APPLY FOR THAT PERMIT UNTIL I TORE DOWN HER FENCE THAT'S FALLING DOWN.
[00:45:02]
MY PLAN IS WHAT I WOULD LIKE TO DO IS CREATE AN ENTRY WAY HERE TO WHERE THIS AREA BECOMES A COURTYARD, AND THE FENCE COMES STRAIGHT ACROSS THERE.THEN THESE BUSHES COME OUT AND IT CREATES A SEATING AREA FOR THE CHILDREN WHEN WE DO HAVE, LIKE, RVPK CLASS THAT WILL DISMISS ALL AT ONCE.
THOSE CHILDREN ARE SAT OUTSIDE, READY TO GO WITH AN A FENCED IN AREA, AND THE PARENTS, AGAIN, TO HELP WITH THAT EASE OF PICKUP.
THE FENCE WHERE IT IS NOW IS JUST BEHIND THESE PARKINGS THAT WE'VE COME OUT.
I WANT TO SAY IT'S LIKE HALFWAY BETWEEN THAT TREE AND WHERE IT IS NOW.
MAYBE AN ADDITIONAL FIVE OR SIX FEET. I'D HAVE TO LOOK AT IT.
>> BUT WHAT ABOUT ON THE FENCE? IF THERE IS ONE THOUGH CAN'T TELL.
THERE'S BACK END OF THE PROPERTY ON THE EAST SIDE.
>> THERE IS A WOODEN FENCE NOW.
YOU'RE SPEAKING TO THE BACK SIDE OF THE PROPERTY?
>> YES. BUT IT'S THE RESIDENTIAL.
>> I WOULD LIKE TO REPLACE WITH WHITE VINYL IS WHAT I HAVE QUOTED, BUT I'M OPEN TO WOOD AS WELL. BUT THEN ON THE FRONT.
I KNOW I WAS TOLD AND THERE'S DIFFERENT REGULATIONS FOR THE FRONT, SO THAT WOULD BE A WROUGHT IRON, THE SAME HEIGHT.
IT MATCHES GARDEN STREET BISTRO RIGHT ACROSS THE STREET.
>> WOULD YOU BE DOING ANYTHING WITH THE WOOD FENCE AROUND THE PLAYGROUND AREA?
>> YES. ALL THE FENCING NEEDS TO BE REPLACED.
OH, DECREPIT. THE WHOLE PROPERTY REALLY NEEDS A GOOD CLEANUP.
THAT'S WHAT I WANT TO BRING TO THE NEIGHBORHOOD TO, IS THIS PROPERTY REALLY NEEDS A FACE LIFT, AND I THINK IT'S GOING TO LOOK REALLY GOOD.
IF I'M ALLOWED TO DO WHAT I WOULD LIKE.
AGAIN, I KNOW I HAVE TO KEEP THE PLAYGROUND STRUCTURE ON THE SIDE OF THE BUILDING.
I KNOW THAT CAN'T COME TO THE FRONT, SO WE HAVE A PLAN FOR THAT FRONT AREA TO CREATE A LITTLE BICYCLE TRACK FOR THE KIDS SO THEY CAN HAVE THEIR LITTLE SCOOTER BIKES TO PRACTICE ON.
BUT AGAIN, IT ALLOWS IT TO BE USABLE PLAY SPACE, BUT WITHOUT HAVING PLAYGROUND EQUIPMENT IN THE FRONT WHERE I KNOW IT'S NOT ALLOWED.
>> ANY OTHER BOARD CONVERSATION? FAITH I DON'T WANT TO DISCOURAGE YOU.
>> APPRECIATE THAT. ANY OTHER MEMBERS OF THE PUBLIC WOULD LIKE TO SPEAK. PLEASE STAND UP.
YOU NEED TO BE SWORN IN. I KNOW YOU DID GET SWORN IN EARLIER.
SYLVIE DIDN'T DO IT. CAN YOU DO IT? BILL.
>> I WAS SWORN IN, BUT I THINK DONNA DID AN EXCELLENT DESCRIPTION OF YOUR INTENTIONS TO UPGRADE AND PROTECT THE INTEGRITY OF THE HISTORIC HISTORY.
YOU CAN'T COMPARE THIS WITH [INAUDIBLE] AND BILL HART DID BECAUSE THAT'S A TOTALLY DIFFERENT AREA OF THE COUNTRY.
>> THANK YOU. APPRECIATE THAT.
CAN YOU ADMINISTER THE OATH FROM MEMORY?
>> CONVINCING. IF YOU CAN RAISE YOUR RIGHT HAND, PLEASE?
>> [OVERLAPPING] I'M SORRY, SIR.
>> DO YOU SWEAR OR AFFIRM THAT THE ORAL AND OR WRITTEN TESTIMONY YOU'RE ABOUT TO GIVE WILL BE ACCURATE TO THE BEST OF YOUR KNOWLEDGE?
>> CAN I JUST SPEAK FROM HERE?
>> IDEALLY, PLEASE COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS, PLEASE.
>> YES. TINA KRISTENER 406 BEACH STREET.
I DIDN'T DO A SUPER SCIENTIFIC STUDY OF THIS, BUT I TALKED TO SEVERAL OF THE NEIGHBORS.
WE USED TO HAVE A DAYCARE CENTER THERE AND WE LOVED IT.
WE LOVED BEING ABLE TO HEAR THE CHILDREN PLAYING, AND WE REALLY LIKED THAT BUSINESS.
JUST FROM MYSELF AND THE FEW NEIGHBORS I SPOKE TO, I'M NOT REPRESENTING THE WHOLE NEIGHBORHOOD, WE WOULD WELCOME IT. THANK YOU.
>> THANK YOU. ANY OTHER MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK?
>> [OVERLAPPING] DO YOU SWEAR OR AFFIRM THAT THE ORAL ANSWER AND TESTIMONY YOU'RE ABOUT TO GIVE WILL BE ACCURATE TO THE BEST OF YOUR KNOWLEDGE?
>> I ALSO DON'T LIKE SPEAKING IN PUBLIC, BUT I'M KATIE HAYNES.
I'M SPEAKING ON BEHALF OF THIS AMAZING OPPORTUNITY FOR OUR COMMUNITY.
I HAVE ONE CHILD WHO HAS GONE THROUGH AND BEEN A STUDENT OF MS. FERRERAS.
I HAVE A CURRENT STUDENT WHO'S AT ST. MICHAEL'S.
WE HAVE SO MANY FRIENDS IN THIS COMMUNITY AND THE WAIT FOR GOOD CHILDCARE ON THIS ISLAND IS CRAZY.
WE WERE LUCKY TO GET IN WHEN WE DID BUT YOUNG FAMILIES COMING NOW, THEY DON'T HAVE AN OPPORTUNITY, THEY DON'T HAVE MANY CHOICES, AND I JUST THINK THAT THIS WOULD BE WONDERFUL FOR OUR FAMILIES.
LIKE MS. FERRERAS SAID, WE'RE NOT CHANGING THE FOOTPRINT OF THIS BUILDING.
IT'S SET UP, IT'S READY TO GO.
THE NEIGHBORHOOD, OBVIOUSLY, ALSO THINKS POSITIVELY FOR THIS,
[00:50:03]
AND I JUST REALLY HOPE THAT YOU GUYS WILL APPROVE IT BECAUSE I THINK IT WILL BE A GREAT ADDITION TO OUR COMMUNITY.>> THANK YOU. ANY OTHER MEMBERS? ONCE I CLOSE THIS, IT'LL BE A BOARD DISCUSSION AND THEN WE'LL VOTE.
IF YOU WANT TO SPEAK, PLEASE TAKE THIS OPPORTUNITY.
BOARD, DO YOU HAVE ANY CONVERSATIONS ABOUT THIS? ANY OPINIONS?
>> I WOULD JUST LIKE TO PUT ONE THING ON THE RECORD.
SINCE I'M USUALLY ONE OF THOSE PEOPLE THAT FOLLOWS FACEBOOK AND THIS PRIVY TO CITY COMPLAINTS.
ONE OF THE MAJOR COMPLAINTS THAT COMES INTO THE CITY IS THE PARKING ISSUE.
PARTICULARLY WHEN PEOPLE DOUBLE PARK, THEY BLOCK A STREET AND THEN THE ROAD BECOMES UNUSUAL.
THIS BOARD ALSO APPROVED A VARIANCE FOR THE PARKING OUT AT SALT LIFE AT THE BEACH.
I'VE NEVER HEARD THE END OF THAT.
YOU MUST UNDERSTAND MY GUN SHOOT ISSUE WITH 82 CHILDREN AND 12 STAFF MEMBERS ARRIVING ON A SMALL PROPERTY OF THREE LOTS OF A LOT OF 75*100.
YOU MAY NEVER HEAR THE END OF IT.
WITH THAT, THAT IS MY ONLY REAL CONCERN WITH IT.
I ALSO HAVE CONCERNS THAT, WE HAD PARENTS WHO WOULD WALK OUT ON THE RAILROAD TRACKS AND ASK THEIR SMALL CHILDREN TO TOUCH THE TRAIN AS IT WENT BY.
SOMETIMES YOU HAVE PARENTS WHO WILL PARK IN A STREET AND CARRY THE CHILD, LEAVE THE CAR.
I'M NOT TOTALLY OUT IN LEFT FIELD WITH THIS.
IT'S JUST I GET CONCERNED WHEN I KNOW THEY ARE REALLY GREAT PARENTS OUT THERE BECAUSE I WORKED IN THE PUBLIC SCHOOL SYSTEM AND AS ADMINISTRATOR FOR MANY YEARS.
BUT I ALSO KNOW THAT THERE ARE PARENTS WHO SOMETIMES HAVE NO SENSE.
THIS IS MY CONCERN, THE BOARD MEMBERS MAY HAVE OTHERS, BUT I REALLY WISH THAT YOU HAD SOME PLACE TO PARK MORE CARS THAT THIS COMMUNITY ISN'T GOING TO BE IN A MELTDOWN OVER THIS ONCE THIS GETS APPROVED.
>> THAT'S A COUNTERPOINT. HOW IS THAT ANY DIFFERENT THAN ANY PARKING TO ANY BUSINESS DOWNTOWN? PARKING IS TOUGH FOR EVERYBODY.
IF YOU HAD TO PARK IN THIS PLOT RIGHT HERE FOR CITY HALL, YOU COULD PARK HERE, WALK ACROSS THE STREET.
THE ONLY INCONVENIENCE IS IF IT'S RAINING OR IF IT'S COLD.
>> C HAS NO PARKING REQUIREMENT.
>> THAT'S WHAT THE VARIANCE IS ABOUT.
>> WE ARE SUPPOSED TO BE REDUCING THE CONGESTION, THAT IS OUR COMPREHENSIVE PLAN OBJECTIVE.
BUT THAT IS MY MAJOR CONCERN, AND THAT'S ALL I'M GOING TO SAY ABOUT THE MATTER.
>> BUT THERE WERE NO TRAFFIC STUDIES PRESENTED THAT WERE DONE FACTUALLY, SO WE HAVE NO UNDERSTANDING OF WHAT THE TRAFFIC IS.
>> OTHER THAN WE KNOW THAT THERE ARE 82 STUDENTS POSSIBLY.
>> ALTHOUGH MAYBE HALF OF THEM COULD MOSTLY BE WALKING SEPARATE INCLEMENT WEATHER.
>> WE DON'T KNOW. I'D HOPE WE WOULD, BUT WE DON'T KNOW.
BUT IT WOULD BE CERTAINLY BENEFICIAL TO THIS COMMUNITY TO HAVE MORE CHILDCARE.
>> CHAIR PAPKE, IF I MAY JUST BRING THE BOARD'S ATTENTION TO ONE ADDITIONAL PIECE OF INFORMATION TO ADDRESS THE CONCERN ABOUT COMPREHENSIVE PLAN POLICY 1.05.
I JUST WANTED TO BRING IT UP FOR THE BOARD'S CONSIDERATION SINCE I DID NOT HAVE IT AVAILABLE IN THE STAFF REPORT.
WITH REGARD TO THE NON CONFORMING STRUCTURES, IT IS NOT THAT THE CITY DOES ENCOURAGES THE DEMOLITION OR THE DISCONTINUATION OF NON CONFORMING STRUCTURES, IT IS ONLY WHEN THEY BECOME HAZARDOUS OR DANGEROUS.
[00:55:01]
IN MANY CIRCUMSTANCES, YOU'RE ACTUALLY ALLOWED TO EXPAND NON CONFORMING AS LONG AS YOU DON'T WORSEN THAT PARTICULAR NON CONFORMITY.THE GRANTING IF THE VARIANCE IS GRANTED AND I WOULD LIKE CITY ATTORNEY BACH, IF YOU COULD HELP CLARIFY, IF THE VARIANCE IS GRANTED FOR RELIEF FROM THIS CODE, DOES THAT THEN MAKE IT A NON CONFORMING OR DOES THE VARIANCE MITIGATE THAT NON CONFORMITY.
>> THE VARIANCE MITIGATES THAT, AND AS LONG AS IT'S USED IN THIS WAY, THEN THE VARIANCE ALLOWS IT.
YOU'RE NOT CREATING MORE OF A PROBLEM HERE WITH REGARD TO LEGALITY OR THE CODE.
THE VARIANCE PROCESS IS THAT'S BASICALLY WHAT IT'S FOR. DID I MISS ANYTHING?
>> NO, MA'AM. THANK YOU. JUST ADDITIONAL INFORMATION FOR THE COURT'S CONSIDERATION.
>> ANY OTHER COMMENTS? FEELINGS? THOUGHTS? NO? WHAT DO WE WANT TO DO?
>> I PROPOSE WE APPROVE THE VARIANCE FOR THE PROPERTY LOCATED AT 112 SOUTH STREET FOR THE PURPOSE OF RE-ESTABLISHING A PRESCHOOL AND LEARNING CENTER.
>> FULLY COMPLIANT WITH WHAT THE STAFF HAS RECOMMENDED?
>> YEAH. THE FIRST AND THE SECOND. CALL THE ROLL CALL SO QUICKLY.
>> IT'S NOT AS THE FOUR OUT OF THE FIVE VERSUS [INAUDIBLE].
>> CLOSING OUT THAT PORTION OF THIS.
IS THERE ANY BOARD BUSINESS THAT'S OUTSTANDING?
[5. BOARD BUSINESS]
>> IS THAT THE APPROPRIATE TIME?
>> IN OUR RECENT PAST, WE HAD A CASE HERE OF AN APPEAL OF A STAFF DECISION.
THE STAFF DECISION WAS THE CONTEXT SENSITIVE SETBACK DETERMINATION, IF YOU REMEMBER THE CASE ON OCEAN AVENUE.
THE APPELLANT WHO APPEALED TO THIS BOARD, THE STAFF DECISION, THE BOARD FOUND IN FAVOR OF OR AGREED WITH STAFF'S FINDING.
THAT WAS APPEALED TO THE CIRCUIT COURT BY MR. ROACH WHO BROUGHT THE APPEAL TO THIS BOARD, AND THE COURT, WITHOUT A HEARING OR ANYTHING, THEY DENIED THE APPEAL, SO YOUR DECISION STANDS.
>> THAT'S THE PROPERTY ON THE CORNER?
>> YES, OCEAN AVENUE ON NINTH, YES.
THE NEIGHBOR IS THE ONE THAT FILED THE APPEAL.
>> THANK YOU FOR THAT UPDATE. I APPRECIATE THAT.
>> ANY OTHER BOARD BUSINESS? WE'LL CALL THIS, WE CLOSE THE MEETING. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.