HDC approves downtown variance request for Clinch Kavanaugh

Submitted by Suanne Z. Thamm
Reporter – News Analyst
June 17, 2016 4:07 p.m.

Requesting a variance can be an expensive gamble ($650) for a property owner who wants relief from one or more parts of city code. Local Attorney Clinch Kavanaugh took that gamble and won with a unanimous vote of support from members of the Fernandina Beach Historic District Council during their June 16, 2016 monthly meeting. Moreover, HDC members asked city staff to work on amending city code so that needs for similar variance cases might be minimized.

Kavanaugh owns a two-story historic building at 10 N. 2^nd Street. The building was constructed around 1878 and originally contained a dry goods store, a warehouse, and a stable. Over the years the building has served as both offices and a restaurant. Today there is a bar on the street level and the upstairs is mostly unused. Under existing code, the land parcel supports one dwelling unit, which could include a full kitchen and no off street parking requirement, provided that the dwelling unit is not used as a short term rental (less than 30 days).

Should Kavanaugh have wanted to rent the dwelling unit by the day, week or less than a month, code would have required him to provide off-street parking, limit the cooking space to a kitchenette (no full kitchen), and provide a “central laundry room,” which is not a part of the dwelling unit.

Kavanaugh maintained that such restrictive elements of the code work against full utilization of commercial property in the historic downtown. He maintained that it should be his right as property owner to decide if he wants to live in the second floor space or rent it long term or short term.

In hearing the case, HDC Chair Michael Harrison said, “Populating downtown is something we should be encouraging. What is the harm [in approving this variance] and who is the harm done to?”

City Planner Jacob Platt explained that in considering an application city staff must follow the code. In this particular case, because Kavanaugh’s application did not meet two of the six variance criteria set out in the code, staff was required to recommend disapproval.

Platt’s staff report laid out in detail why the application met or did not meet all the criteria. However, Platt in his analysis wrote, “Staff finds that this case is consistent with the Comprehensive Plan in that it encourages a use that is consistent with our Central Business District. It will also help retain the vitality of the downtown and surrounding downtown core. Private property rights and access to light, air, and open space are retained with the request. Lastly, providing for this adaptive reuse meets the needs of the applicant and helps ensure the continued use of a contributing historic structure.”

In asking the HDC to approve his variance request which had been denied by staff, Kavanaugh stressed that renting out space above commercial buildings in the historic downtown would have a positive impact and would return downtown to its early days when business owners lived above their businesses. He pointed to the number of vacant second stories downtown that could be populated if the code were to be changed. He said that under existing code he could subdivide his 2,100 square foot loft into multiple offices, which would generate more traffic issues in the Central Business District. He said, “The current ordinance doesn’t make a lot of sense.”

During public input Jeff Kurtz, Director of Fernandina Main Street, expressed the support of his board for Kavanaugh’s request. He said that his organization strives to enhance the economic vitality of Fernandina Beach’s downtown. He added that Tourism Director Gil Langley recently reported that the occupancy rate for island hotels is averaging 98 percent. Kurtz said that opening up more short-term rental opportunities downtown could provide opportunities for visitors to experience the Historic District.

HDC Chair Harrison asked city staff if existing code is meeting today’s needs. He expressed his belief that beyond deciding the specific variance request, the city should look into updating the code itself. Platt said that everyone is in agreement that code changes can help the downtown community. He said that the community will be addressing downtown density in the future as well.

Only one person raised concerns over Kavanaugh’s proposal. Jack Dickens, whose family has owned a neighboring property for over 70 years, expressed concerns over past issues relating to trespass over his building’s roof to gain access to Kavanaugh’s property. He cited past issues with debris left behind on his property. He said, “I am asking for a good neighbor.” Kavanaugh agreed to keep Dickens informed.

The HDC voted unanimously to approve Kavanaugh’s request for a variance, determining that the case was substantially compliant with the Land Development Code, the Downtown Historic District Guidelines, and the Secretary of the Interior’s Standards. HDC Member George Sheffield recused himself from the vote citing a conflict of interest, since he rents the first floor of Kavanaugh’s building. Angela Conway, First Alternate Member, heard the case and voted in his stead.

Each variance case is decided on its own merits.  Approval or disapproval of a variance application cannot be used as precedent for a future case.  However, Platt said that when a particular part of city code appears to be the subject of frequent variance requests, staff will review that area of the code for possible update.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.