REGULAR MEETING - HISTORIC PRESERVATION BOARD Tuesday, July 19,2016 Minutes for the Regular Historic Preservation Board for the City of Daytona Beach, Florida, held on Tuesday, July 19, 2016, at 6:00 p.m. in Commission Chambers of City Hall, 301 S. Ridgewood Avenue, Daytona Beach, Florida Board Members present were as follows: Dr. Andrei Ludu, Chairman Mr. James Daniels Mr. Brian Fredley Mr. Dallas Peacock Mr. Matthew Romanik Mr. Warren Trager Mr. Roman Yurkiewicz Staff members present Mr. Doug Gutierrez, Senior Planner Mr. Ben Gross, Assistant City Attorney 1. Call to Order Chair Ludu called the meeting to order at 6:00 p.m. 2. Roll Call The roll was called and members noted present as stated above. 3. Approval ofthe Agenda The Board proceeded with the agenda as presented. 4. Approval of Minutes ofjune 21,2016 Amotion was made by Mr. Yurkiewicz, seconded by Mr. Trager to approve the June 21,2016 meeting. The motion carried unanimously. minutes of the 5. Action Item: Special Use Permit for Bed and Breakfast in Historical Overlay District DEV2016-036: Arequest by James and Joann King, property owners, to obtain a Special Use Permit to allow a Bed and Breakfast in the Seabreeze Local Historic District. Located at 507 Jessamine Blvd. contributing structures. Mr. Gutierrez presented the staff report which is included as part of the packet. Mr.
Gutierrez stated staff recommends approval with a condition of the requirement for handicapped parking. Mr. Gutierrez stated any outstanding fines as a result of Code Enforcement action must be satisfied. Applicant's Presentation Colleen Miles, Land Development Resource Group, spoke representing the applicant. Ms. Miles stated an additional submittal will be presented to the staff Technical Review Team prior to the item being presented to the City Commission in order to address staff's comments. Ms. Miles stated there will be two guest rooms and the owners will stay in the bungalow at the rear of the property. Mr. Peacock asked about the notes from the neighborhood meeting that was held in April. He asked about the reference to the "tiki" structure and Ms. Miles stated it will be removed. Mr. Peacock stated the notes reflect that there were 19 motorcycles on the property during Bike Week. Mr. Gutierrez stated the home had been rented at that time. Mr. Yurkiewicz asked about the purple color on the building. Mr. Gutierrez stated that he did not believe the color complies with the City's standards. Ms. Miles asked that she be provided with a pallet so a color selection can be made. Public Comments: John Nicholson, 413 N. Grandview, stated he does not like the idea of properties being sold, fixed up, and then rented. He said you get no residents thatway. He stated he likes the idea that someone will be living on this property. Anita Gallintine, 836 N. Grandview, stated there have been problems since the current owners have purchased the property. She stated the owners have rented the property thru Airbnb and were cited by Code Enforcement. Ms. Gallintine stated the owners continued to rent the property and rented the property during Bike Week. Ms. Gallintine stated the owner is not creditable and has openly lied to Code Enforcement and to the neighbors. Ms. Gallintine stated she is not in favor of granting this request. Tracy Remark, 815 N. Oleander Avenue, stated she had a problem with Page 2, Items f and g, of the staff report. Ms. Remark stated parking and headlights will adversely affect the neighbors. Ms. Remark stated the property no longer looks like what is presented in the photos in the staff report. She stated the owner brought gravel in, unpermitted, and went within 5 feet ofthe side yard. Ms. Remark stated the neighbor's home is at a higher level than the subject property and headlights go right into the neighbor's bedroom. Ms. Remark stated the driveway is not concrete; it is gravel. Ms. Remark stated the applicant indicates she would like to add another bedroom and staff has advised that another bathroom and additional parking would be required. Ms. Remark stated when the property owner requested a zoning letter from the city, the property owner provided a survey and design criteria and uses from the City's code. Ms. Remark stated included in the packet is the section of the City's code pertaining to Bed & Breakfast use. Bob White, 511 Jessamine Blvd., stated his property is next to the applicant's. He stated there
were 19 motorcycles on the property during Bike Week. He stated that was in the past and believes that will not happen again. He stated the previous owner made repairs to the home and then sold it. Mr. White stated the tiki umbrella has been removed; however, another umbrella has been placed on the property right on the property line. Mr. White stated he has concerns from the noise since they have a lot of visitors to the property. Mr. White stated he asked the owners to move the umbrella since they sit there and smoke. He stated there are 3 vehicles parked there since there are 3 people living on the site and he is concerned about lights from guests' vehicles. Mr. White stated he is against the applicant's request since this is a single family area. Colleen Miles stated the applicant is aware of the neighbor's concerns. She stated the applicant was provided the information on the B&B criteria from Code Enforcement and was scanned in by staffat different times. She stated the applicant was cited for installing the driveway material and if this request is approved, the applicant can make it concrete. Ms. Mile stated the parking spaces are shown on the site plan. She stated the applicant is trying to comply with the regulations for this special use. Mr. Gross stated there is no criteria in the code for the number of people that can stay in one guest room in a Bed & Breakfast. Mr. Peacock stated if he was the operator of the Bed & Breakfast, he would want the umbrella in the back yard away from the neighbor's property line. Ms. Miles stated the owners have other plans for the back yard. Ms. Remark stated the city's documents were all scanned when the zoning letter was requested and the code criteria was not provided at a later date as was suggested by Ms. Miles. John Nicholson stated he did not understand the concern about headlights going into Mr. White's bedroom since Mr. White's bedroom is located on the second floor of his home and would be above the driveway level. Gary Libby, 723 N. Oleander, stated the application raises concern about density levels in a single family residential area. He stated when the historic criteria was developed, the thought was that Bed & Breakfasts would be located on historic land with sufficient land to accommodate parking. He stated perhaps the ordinance should be reviewed to determine if the number of Bed & Breakfasts can be limited in a historic area. Mr. Yurkiewicz asked Mr. Gutierrez if the driveway has been permitted. Mr. Gutierrez stated the driveway has been permitted through the Building Department's permit requirements. Mr. Fredley stated the application must be presented to the Planning Board and City Commission and there will be opposition at each meeting. Mr. Fredley stated this Board's responsibility is to review if anything is being done to the building structurally or if historical elements are altered.
Mr Peacock discussed the number of guests that could be in each room; and Mr. Gross stated a requirement for ab&b is to maintain aregister of guests and part of the motion could be to add a stipulation on the number of permitted guests; however, if a Code Enforcement action was initiated because of a complaint that the number of guests exceeds what is permitted, the register would have to be produced. Mr. Yurkiewicz stated he has concerns about headlights going onto Mr. White's property. Mr. Fredley stated he agreed and feels if this application is approved, there will be anumber of conditions added to the approval. Mr. Gross stated if the Board decides to continue this item until the next hearing, the Board member should state what additional information they would like to receive at the next hearing and require the applicant to produce more information. Mr. Fredley stated there could be limitations on such items as number of guests, vehicles, and noise in order to protect the neighborhood. Mr. Romanik asked if the application could proceed to the City Commission without a recommendation from the Board. Mr Gross stated he does not see language in the code that requires a recommendation from the Historic Preservation Board in order for the item to be scheduled for the City Commission meeting- however, the City Commission could decide that they would not act on the item until they receive arecommendation from the Historic Preservation Board. Mr. Gross stated even if the Board continues this item, the item is still scheduled to be heard at the Planning Board meeting on July 28. Ms. Miles asked what information the Board is lacking that would prompt a continuance. Dr. Ludu stated there are concerns about lighting into the neighbor's bedroom windows and noise levels. Ms. Miles stated those standards are in the Land Development Code. Mr. Libby stated there are no fire extinguishers or smoke detectors on site. Ms. Miles stated the property will have to be reviewed for those items if approved and rad the requirements which are outlined in the report from the Technical Review Team. Mr. Peacock stated he isconcerned aboutthe number of occupants. Ms. Miles stated the parking area will be striped and there will be stacked parking. Board Action: Amotion was made by Mr. Peacock, seconded by Mr. Daniels, to approve Special Use Permit for Bed and Breakfast in Historical Overlay District DEV2016-036: Arequest by James and
Joann King, property owners, to obtain aspecial Use Permit to allow abed and Breakfast in the Seabreeze Local Historic District. Located at 507 Jessamine Blvd. contributing structures, in accordance with the staff report as presented, subject to the following conditions: 1. limitations on the number of guests (2 adults and 2children per room); 2 vehicles be limited to onecaror two motorcycles per room; 3* modifications to the structure for handicapped access must be presented to the Historic Preservation Board for approval;. 4. side wall caps must be repainted to an appropriate color which will be determined by 5 Tfoot landscaping buffer with increased landscaping by 20% additional material along the eastern property line in order to provide amore opaque level of screening; and 6. relocation ofthe umbrella from the eastern property line. The motion carried unanimously (7-0). 5 Action Item- (TO BE CONTINUED TO AUGUST 16, 2016 HPB MEETING) - Rezoning from Multi-Family Residential 12 (MFR12) to Planned Development (PD) DEV2016-0015. A request by James S. Morris, P.A. on behalf of W. M. Chanfrau and Mary F. Chanfrau, Co-Trustees, to rezone 701 N. Peninsula Drive to a Planned Development allowing office use. Mr. Gutierrez stated the applicant has requested that this item be continued. Board Action: Amotion was made by Mr. Romanik, seconded by Mr. Peacock, to continue Rezoning from Multi-Family Residential 12 (MFR12) to Planned Development (PD) DEV2016-0015. A request by James S. Morris, P.A. on behalf of W. M. Chanfrau and Mary F. Chanfrau, Co-Trustees, to rezone 701 N. Peninsula Drive to aplanned Development allowing office use to the August 16, 2016, Historic Preservation Board meeting. The motion carried unanimously (7-0). 7. Discussion Item: Historic Preservation Awards Mr Gutierrez provided information on the proposed program to the Board. Mr. Gutierrez stated it is proposed that the presentation be done in conjunction with the Beautification Board. Mr Romanik stated the Beautification awards are presented monthly with an annual reception held Mr Gutierrez stated he proposes the historic awards be presented bi-annually. Mr. Gutierrez stated the program will have to be approved by the City Manager. Mr. Gutierrez reviewed the proposed grading scale for applications and the Board was in agreement. 8. Other Business: (a) Heritage Preservation Trust Report: Mr. Trager, Liaison Mr. Trager stated akids' day will be held on Friday at Lilian Place.
(b) Halifax Heritage Byway & Trails Report: Mr. Romanik, Liaison Mr. Romanik encouraged letters of support be submitted from businesses along the trail route. 9. Staff Update Mr. Gutierrez stated Mr. Trager's and Mr. Romanik's terms expired in April. indicated their applications have been submitted to the City Manager's office. Both 10. Public Comments Gary Libby, 723 N. Oleander, stated he has served on many boards throughout the City and County; and several years ago, the City Commission asked that he and Tracy Remark work to draft an ordinance regarding historic preservation, which is in effect. He stated prior to enactment of the ordinance, many properties were subdivided with additional parking and structures built on the properties; and the purpose of the ordinance was to prevent that from happening. Mr. Libby stated the Historic Preservation Board is the gate keeper so people cannot subdivide properties. Mr. Libby stated Mr. Yurkiewicz built a project at a property at 203 Grandview. He stated there is no record of a Certificate of Appropriateness being granted. He stated the County records do not reflect that the property is in a historic district and is part of an existing historic parcel. Mr. Libby stated Mr. Yurkiewicz has developed a plan on how to get around the Historic Board and asked the Board if they want to see this continue. Mr. Libby stated if Mr. Yurkiewicz received a Certificate of Appropriateness, he would like to see it. He stated the project has been built and should not be there. Mr. Yurkiewicz stated there were no loopholes; the project was built according to the code. Dr. Ludu suggested that Mr. Libby put his concerns in writing and provide them to Mr. Gutierrez who will research the matter. Tracy Remark, 815 N. Oleander, stated the Board has authority and the Board's decisions do have impact on the City Commission. Ms. Remark stated she was pleased to see that Mr. Gutierrez researched the historic awards and provided information from the City of Jacksonville since Jacksonville is recognized as one of the top 10 historic districts in the nation. Ms. Remark commented on Mr. Yurkiewicz's project and stated she thought he received a Certificate of Appropriateness based on the applicant going to the Board of Adjustment to get variances for the setbacks. Ms. Remark stated the parcel of land was subdivided. She stated the ordinance requires a COA for subdivision of any tract or parcel or any disturbance of an archaeological site. She stated the ordinance should be reviewed to make sure local historic properties are protected.
Mr. Yurkiewicz stated the land subdivision is through a Minor Certificate of Appropriateness which was approved by staff. Ms. Remark stated that is correct; staff handles a Certificate of Appropriateness for subdividing a parcel, not the Board, and she does not feel that is minor and those approvals should be handled by the Board. Mr. Gross referred to the new Land Development Code and read Section 3.4.j.2(b) that outlines the requirements for a Certificate of Appropriateness. John Nicholson, 413 N. Grandview, stated he was shocked to see the project built at 203 Grandview. He stated there are many other areas where similar situations could happen and feels it should be stopped. He stated he is pleased to see improvements in the Seabreeze area. 11. Board Comments Mr. Trager asked if some of the items removed from the old Orange Avenue bridge could be preserved for public art. Mr. Gutierrez said he would talk with Public Works about the items that have been removed. Mr. Romanik stated he is concerned that the survey for the Seabreeze area was not approved by the City Commission for historic preservation and feels it is an embarrassment. Mr. Libby stated both the Lotus and Westin developers are interested in historic preservation and the City should approach them to help with historic concerns for the area. 12. Adjourn There being no further business, the meeting was adjourned. UlUrtr^ Becky Groom, Board Secretary