10.19.2021 CDB AgendaCity of Atlantic Beach
Agenda
Community Development Board (CDB) Meeting
Tuesday, October 19, 2021 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
2.A. Approve minutes of the September 21, 2021 regular meeting of the Community
Development Board.
CDB Minutes 09.21.2021 (draft)
3. OLD BUSINESS
4. NEW BUSINESS
4.A. 705 Atlantic Boulevard ZVAR21-0015 (Seminole South LLC)
Request for a variance from Section 17-29 (c)(1)(a)to exceed the maximum
freestanding sign height and Section 17-42 (7) to allow a roof sign OR a variance
from Section 17-29 (c)(1)(a) to exceed the maximum freestanding sign height and
Section 17-29 (c)(2) to reduce the minimum 5 -foot setback from the property
line for an alternative location.
705 Atlantic Boulevard ZVAR21-0015 Application
705 Atlantic Boulevard ZVAR21-0015 Staff Report
4.B. 1505 Park Terrace East ZVAR21-0016 (David Andrews)
Request for a variance to the platted Building Restriction Line (BRL) at 1505 Park
Terrace East.
1505 Park Terrace East ZVAR21-0016 Application
1505 Park Terrace East ZVAR21-0016 Staff Report
4.C. 1618 Beach Avenue ZVAR21-0017 (Barbara and Richard Levine)
Request for a variance from Section 23-33 to reduce the mitigation owed for
removal of 6 palm trees.
1618 Beach Avenue ZVAR21-0017 Application
1618 Beach Avenue ZVAR21-0017 Staff Report
5. REPORTS
6. PUBLIC COMMENT
7. ADJOURNMENT
Page(s)
3-7
9-31
33 - 40
41 - 61
Page 1 of 61
Community Development Board (CDB) - 19 Oct 2021
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of
Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233.
Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the
address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should
submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting.
This meeting will be live -streamed and videotaped. To access live or recorded videos, click on the Meetina Videos tab on the
city's home page at www.coab.us.
If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered
at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence
upon which any appeal is to be based.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities
needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City
Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting.
Page 2 of 61
Present:
MINUTES
Community Development Board (CDB) Meeting
Tuesday, September 21, 2021 - 6:00 PM
Commission Chamber
Linda Lanier, Member
Jennifer Lagner, Member
Kirk Hansen, CDB Chair
James Moyer, Member
Sylvia Simmons, Member
Richard Schooling, Member
Jeff Haynie, Member
Ellen Golombek, Alternate Member
Absent: None
Also Present:
Agenda Item #2.A.
19 Oct 2021
Brenna Durden, City Attorney (CA)
Amanda Askew, Planning and Community Development Director (PCDD)
Valerie Jones, Recording Clerk
Abrielle Genest, Planner
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Chair Hansen.
2. APPROVAL OF MINUTES
A. Approve minutes of the August 17, 2021 regular meeting of the Community
Development Board.
MOTION: To APPROVE the minutes of the August 17, 2021 Community Development
Board Meeting.
Motion: Linda Lanier
Second: Jeff Haynie
Linda Lanier (Moved By) For
Jennifer Lagner For
Kirk Hansen For
James Moyer For
Sylvia Simmons For
Richard Schooling For
Jeff Haynie (Seconded By) For
Motion passed 7 to 0.
Community Development Board (CDB)
September 21, 2021
Page 3 of 61
Agenda Item #2.A.
19 Oct 2021
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. 1912 Sherry Drive North ZVAR21-0013 (Rawan Kablawi and Andrew Bussey)
Request for a variance to exceed the maximum height and size allowed for a
detached garage within the Residential, Selva Marina (R -SM) zoning district.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Ms. Lanier asked if a portion of the driveway was on the neighbor's property. Director
Askew confirmed that it does encroach. Ms. Lanier asked about the front yard setback.
Director Askew said that the applicant meets the front yard setback. Mr. Schooling asked
what the side yard setback was for the detached garage. Director Askew she said it was
5 feet for the detached structure and 10 feet for the primary structure. Ms. Simmons
asked what was on the west side of the lot line. Director Askew said there is another
home. Ms. Lanier asked when the home was built. Director Askew said she wasn't sure
but it was recently remodeled.
APPLICANT COMMENT: Andrew Bussey introduced himself as the owner of 1912
Sherry Drive North. He explained some of the history of the home and explained that
they were planning on having a family and needed a larger garage for a larger vehicle.
Mr. Haynie wanted to know where the existing garage is on the survey and Mr. Bussey
pointed it out. Mr. Schooling asked him if he looked into adding onto the front of the
home instead of a detached garage. Mr. Bussey said that there was an issue with setbacks
and driveway radius to turn around. Mr. Schooling also wanted to know why the
proposed garage was so tall and Mr. Bussey said it was for storage. Ms. Lanier asked if
a car can be parked in the existing garage on the front of the home. Mr. Bussey said he
can barely park his car in it but wouldn't be able to park a minivan or suv, which is what
they would like to get for their family. There was further discussion about a large oak
in the front yard that Mr. Bussey said he didn't want to cut down to build a garage. Ms.
Lagner wanted to know why the garage needed to be 250 square feet instead of the 150
square feet that is allowed. Ms. Bussey said it was because of the size of the vehicle they
were wanting to purchase.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Traci Kilby
introduced herself as speaking on behalf of her father, David Zentmire who lives at 1825
Sherry Drive North. Her questions did not pertain to the variance request but questioned
the driveway and fence encroachment. There being no further public comments Chair
Hansen closed the floor.
BOARD DISCUSSION: Mr. Haynie said he was having trouble finding grounds for
approval. Mr. Schooling agreed and said possibly better planning while doing the
remodel would have been the way to go. Ms. Lagner asked if the variance was denied
if the applicant would have to wait a year before applying for another variance. Mr.
Community Development Board (CDB)
September 21, 2021
Page 4 of 61
Agenda Item #2.A.
19 Oct 2021
Haynie had the same question. Chair Hansen said the applicant would have to wait a
year. Ms. Lanier didn't see any criteria to grant the variance.
Director Askew said that the City Attorney, Ms. Durden said that the Board can grant a
deviation from the requirement for the applicant to wait a year.
MOTION: To DENY ZVAR21-0013 due to there being no grounds for approval.
Motion: Linda Lanier
Second: Richard Schooling
Linda Lanier (Moved By) For
Jennifer Lagner For
Kirk Hansen For
James Moyer For
Sylvia Simmons For
Richard Schooling (Seconded By) For
Jeff Haynie For
Motion passed 7 to 0.
B. 737 Triton Road ZVAR21-0014 (Benjamin Newell)
Request for a variance to build an addition within the 25 foot Building Restriction Line
(BRL) at 737 Triton Road. The proposed addition would be 20 feet from the south property
and 10 feet from the west property line.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation. Mr. Schooling asked if the
backyard setback was also 25 feet. Planner Genest said the backyard setback was 20
feet. Mr. Haynie asked for clarity to Sec. 24-172 and to whether it applied to Old Atlantic
Beach. Director Askew looked it up and confirmed that it was meant for a different
section of Atlantic Beach and not the Royal Palms neighborhood. Ms. Lanier asked for
clarity on the history of the BRL and why it didn't get changed in 2009 as directed by
the City Commission. Ms. Durden explained that due to the complexity of making the
BRL change in 2009 it never happened. Planner Genest said that the home is in the RS -
1 zoning district which has a 20 foot front yard setback however the 25 foot BRL
overrides.
APPLICANT COMMENT: Ben Newell introduced himself as the owner and gave
some history as to the purchase of the home. He explained that between working at
home and having a child, he and his wife realize that they need to create more living
space.
Community Development Board (CDB)
September 21, 2021
Page 5 of 61
Agenda Item #2.A.
19 Oct 2021
Mr. Schooling asked if they had considered adding on to the back of the home. Mr.
Newell explained that it would eliminate the back yard and they wouldn't gain as much
square footage.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There being
no public comments Chair Hansen closed the floor.
BOARD DISCUSSION: Ms. Lagner said she would have liked to see the City make
the change in 2009. Mr. Schooling said he agreed and wasn't sure which way he was
leaning. Mr. Haynie thought that grounds for decision #3 might be applicable to this
variance. Ms. Lanier pointed out a house in the neighborhood with an imposing fence
and she thought that what the applicant was considering wouldn't be as imposing as that.
She suggested a variance for the rear setback and the side yard be used as the "back"
yard. Ms. Simmons pointed out the large amount of lots in the neighborhood that were
corner lots and she wasn't sure if #3 of the grounds for decision would apply. Chair
Hansen said that when he looks at this request he doesn't want form to get in the way of
substance. He pointed out that in 2009 the City wanted to get rid of the BRL but didn't
follow through because of the need to get all of the homeowners to agree being too
onerous. Chair Hansen said that what the applicant wants to do is within the normal
setbacks and thought it was very reasonable to build the addition onto the house using
criteria #3 of the grounds for decision.
MOTION: To APPROVE ZVAR21-0014 on the condition of exceptional circumstances
preventing the reasonable use of the property as compared to other properties in the area.
Motion: Jennifer Lagner
Second: Jeff Haynie
Linda Lanier For
Jennifer Lagner (Moved By) For
Kirk Hansen For
James Moyer For
Sylvia Simmons For
Richard Schooling Against
Jeff Haynie (Seconded By) For
Motion passed 6 to 1.
5. REPORTS
Director Askew presented the Board with a PowerPoint Presentation on a community vision
process that would begin in the fall and end at the end of the year. She explained what it would
be about and how the process would work.
6. PUBLIC COMMENT
7. ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 7:09 p.m.
Community Development Board (CDB)
September 21, 2021
Page 6 of 61
Attest:
Agenda Item #2.A.
19 Oct 2021
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
September 21, 2021
Page 7 of 61
Page 8 of 61
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME Seminole South, LLC
ADDRESS 2300 Marsh Pointe Road #301 CITY NB
705 Atlantic Boulevard
PROPERTY LOCATION Near Seminole Road and Atlantic Blvd
FOR INTERNAL ARV
FILE # ZVAR21-0015
EMAIL lean@skyenterprises.com
STATE FL ZIP CODE 32266
PHONE # 904-853-6801 CELL #
RE# 170655-0000 BLOCK 4 Section 1 (Saltair Plat, PB 10, Page 8) LOT # 744, 745, 746, 747, 748, 749 and 750
LOT/PARCEL SIZE .63 ZONING CODE CB
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Saltair Business District
UTILITY PROVIDER COAB
PROVISION FROM WHICH VARIANCE 1S REQUESTED 17-29, _height limitation (8 lea) and limitation on placement of sign
(within 5 feet of property line)
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
YES f NO (if yes, this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning.
Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly
describe and depict the Variance that is requested..
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: four (4) copies, except where original plans, photographs or. cioc.1,,rnpnts that are not larger.. tha n
11AI7irtchP5..:OlgA01114.tectPIPasq provide eight (1 07_Ples of art3/..sKtidgc,PrrIen;.5.,
5. Application fee of 5„3.00,001_,
1 HEREBY-CEOIFYTHATIO: INFORMATION PROVIDED IS CORRECT: Sign.ature of Property Owner(s) or Author jliz Agent
.::51 1(143'W
PRINT O.R TYPE NAME DAT‘,
SIGNATURE OF APPLIICA
SIGNATURE OF APPLICANT (2)
Signed and sworn before me on this
Identification verified:
Oath Sworn:
Yes
60.V6s
VT" e Virginia Wetzel
COMMISSION # GG233893
EXPIRES: July 1,2022
Thr Aaron Notary
PRINT OR TYPE NAME
day of
19 VARIANCE APPLICATION 08151020
\ by State of
DATE
P6,4r1kOlk
County of .,.‘f)Is.k‘,.lCiii\s
N otaryS1gnature
My Commission expires
pa 2e9of,61.1":
The following paragraph sets forth reasons for which a Variance may be approved, prigAlideNtPclie mac°`•
circumstances that apply to your request and briefly describe in the space provided. 19 Oct 2021
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
O 1. Exceptional topographic conditions of or near the property.
Please see attached.
O 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Please see attached.
O 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Please see attached.
4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
Please see attached.
O 5. Irregular shape of the property warranting special consideration.
Please see attached.
[5-<1 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
Please see attached.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community
Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6)
months, beyond which time the Variance shall become null and void.
f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
19 VARIANCE APPLICATION 08.25.2020 Page 10 of 61
ADDITIONAL COMMENTS: Agenda Item #4.A.
19 Oct 2021
Please see attached as to the variance requirements.
19 VARIANCE APPLICATION 08.25.2020 Page 11. of 61
CRITERIA/REASONABLE
JUSTIFICATION
Agenda Item #4.A.
19 Oct 2021
Page 12 of 61
1
Section 17-52, Atlantic Beach Code of Ordinances
Agenda Item #4.A.
19 Oct 2021
(a) In most cases, exceptional practical difficulties or undue hardship results from physical
characteristics that make the property unique or difficult to use. The applicant has the
burden of proof. The community development board must determine that granting the
request would not cause substantial detriment to the public good and would not be
inconsistent with the general intent and purpose of this chapter.
The variance is to allow for a freestanding (pole) sign similar to the sign that has existed
on the property since the 1960s. There are practical difficulties and a hardship as to
signage on the property as there is no location for the signage that complies with the
current signage code that would not also cause a safety hazard due to the location of the
parking and drive aisle.
As the proposed sign is a sign similar to the existing sign, which has co -existed with all
of the surrounding properties, there is no substantial detriment to the public.
(c) Grounds for approval of a variance. The community development board shall find that one
(1) or more of the following factors exist to support an application for a variance:
(1) Exceptional topographic conditions of or near the property.
"Topographic" is not defined by the ordinance code, however, it is generally
defined as "relating to the physical features of the area."
The property in question was developed a commercial strip center in the 1960s.
As such the entire parking lot and "interior" drive aisles connect directly to
Seminole Road without any buffering or landscaping. The sign at -issue was also
erected sometime in the 1960s.
The physical features of the property and neighboring right of way are such that
there is no place to put the sign on the property that is more than five feet from
existing property lines without interfering with the current parking configuration
or drive aisle and the visibility of incoming and outgoing traffic.
(2) Surrounding conditions or circumstances impacting the property disparately from
nearby properties.
The location of the property, the pre-existing way it was developed, and the
needed placement of the sign are surrounding conditions and circumstances
impacting this property disparately from nearby properties.
As stated above, the property was developed as a commercial strip center in the
1960s. Placement of the sign in a place other than the proposed location would
be a danger to pedestrian, bicycle, and vehicular traffic on the public right-of-
way and/or ineffective. Because this location is close to the farthest point on the
Page 13 of 61
(3)
2
Agenda Item #4.A.
19 Oct 2021
property from the intersection, for the sign to function (i.e., have any visibility)
it needs to be a height that is similar to the sign that has existed on the
property for almost sixty (60) years.
Exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
The property was developed so that the parking area and drive aisle were designed
to connect directly into Seminole Road and Atlantic Boulevard on a corner lot.
Because of this, the placement of a sign (freestanding or monument) on any other
location within the property would be a hazard to vehicular, pedestrian and
bicycle traffic thereby preventing the reasonable signage use of the property.
(4) Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property.
(5)
The current sign regulations as to setback and height were put into place after
the property and the existing sign were developed.
Irregular shape of the property warranting special consideration.
The property is a corner lot which immediately abuts Atlantic Boulevard and
Seminole Road with no setback between the parking/drive aisle area and the
right-of-way.
(6) Substandard size of a lot of record warranting a variance to provide for the
reasonable use of the property.
The lot is substandard so that full compliance with the sign code would require
placing a sign in accessways or parking, thereby negating the ability of the owner
to have reasonable signage use at any location other than the location of the
existing sign.
Page 14 of 61
STREET VIEW OF EXISTING SIGN
Agenda Item #4.A.
19 Oct 2021
Page 15 of 61
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Page J7 of 61
AGENT AUTHORIZATION
Agenda Item #4.A.
19 Oct 2021
Page 18 of 61
AGENT AUTHORIZATION
-(4.r
August 2021
To Whom It May Concern:
This letter is to authorize Zach Miller, Esq. to sign and ac
amendment and approval of applications for variances for pr9pertiti
numbers: 170655 0000.
By:
Name:
Title:
COUNTY OF DUVAL
STATE OF FLORIDA
The foregoing was acknowledged before me this
as
on
personally known
rn \;nr,\.0 )CA- L. L C,
. He/She is
as dentitictton.
Virginia Wetzel
commisso# GG233893
4: EXPIRES: July 1, 2022
Bonded Thru Aaron Notary
Agenda Item #4.A.
19 Oct 2021
as agent for submittal,
he:following real estate
day of PlIA,k5 by
of
behalf of the
o ri-Tie) or produced
Not Public Signature.
Pri Name:
Commission Expires:
U)`4
\ 20 -2 -
Page 19 of 61
PROOF OF OWNERSHIP
Agenda Item #4.A.
19 Oct 2021
Page 20 of 61
RECORDING $27.00
This Instrument was prepared
by and should be returned to:
John Zehmer, Esquire
Korn & Zehmer, P.A.
822 Al North, Suite 315
Ponte Vedra Beach, Florida 32082
•
19 Oct 2021
OUIT-CLAIM DEED
THIS QUIT -CLAIM DEED is executed this .22-nday of January, 2018, by Frontier
Property Holdings, LLC, a Delaware limited liability company, whose mailing address is
2300 Marsh Point Road, #301, Neptune Beach, Florida 32266 (the "Grantor"), in favor of
Seminole South LLC, a Florida limited liability company, whose mailing address is 2300
Marsh Point Road, #301, Florida 32266 (the "Grantee"). As used herein, the terms "Grantor"
and "Grantee" shall include, where the context permits or requires, singular or plural, heirs,
personal representatives, successors, or assigns.
WITNESSETH THAT, Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby remise, release and quit -claim to the Grantee all of the right, title,
interest, claim and demand which the said Grantor has, or may have, in and to the property
located in Duval County, Florida, and more particularly described as follows (the "Property"):
Lots 744, 745, 746, 747, 748, 749 and 750, Section No. 1 Saltair, according to the
map or plat thereof, as recorded in Plat Book 10, Page 8, of the Public Records of
Duval County, Florida.
19 Oct 2021
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever that the said Grantor has, either in law or equity, to the proper use, benefit
and behoof of the Grantee forever.
[remainder of page left intentionally blank]
19 Oct 2021
IN WITNESS WHEREOF, the Grantor, has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered
in the presence of:
1,„ZIke✓ /vlci nv)
Printed Name
c7//dc6,
JSCZ6M`f IYI c Cad
Printed Name
STATE OF FLORIDA
COUNTY OF DUVAL
GRANTOR:
Frontier Property Holdings, LLC, a
Delaware limited lia ' ' •' - • any
' 1L C
Jean Bakkes
Manager
. JOLANTA BETLEJEWSKA
•*= MY COMMISSION # GG093180
3 ¢,eXPIRES April 11, 2021
The foregoing instrument was acknowledged before me this ai.a, day of
January, 2018, by Jean Bakkes, as Manager of Frontier Property Holdings, LLC, a Delaware
limited liability company, on behalf of the company, who Vis personally known to me or o has
produced as identification.
..vothPbuDaJC!,:;e/ r
pCpu
-G
Notary Public State " ounty Aforesaid
Print Name: ` 01. -ii -OTA- Se T LE TC -tom' k91 -
Commission No.: Cmc 093 iSD
Commission expires: April (1
2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L17000256435
Entity Name: SEMINOLE SOUTH LLC
Current Principal Place of Business:
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266
Current Mailing Address:
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266
FEI Number: 82-3869646
Name and Address of Current Registered Agent:
BAKKES, JEAN
2300 MARSH POINT RD
UNIT 301
NEPTUNE BEACH, FL 32266 US
FILED+►genda Item #4.A.
Mar 19, 2021 19 Oct 2021
Secretary of State
5152614187CC
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Authorized Person(s) Detail :
Title MGR
Name BAKKES, JEAN
Address 2300 MARSH POINT RD, UNIT 301
City -State -Zip: NEPTUNE BEACH FL 32266
Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath: that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes: and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: JEAN BAKKES
MGR 03/19/2021
Electronic Signature of Signing Authorized Person(s) Detail Date
Page 24 of 61
19 Oct 2021
PROPOSED SIGN
NOW LEASING
904-208450S
SEMINOI F.50r _
SE: 904-208-8505
19 Oct 20; L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0015
Request for a variance from Section 17-29 (c)(1)(a)to exceed the inaxiinuin
freestanding sign height and Section 17-42 (7) to allow a roof sign OR a
variance from Section 17-29 (c)(1)(a) to exceed the inaxiinuin freestanding sign
height and Section 17-29 (c)(2) to reduce the ininiinuin 5 -foot setbackfoan the
property line for an alternative location.
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
705 Atlantic Boulevard
Seminole South, LLC
October 19, 2021
Amanda Askew, Director of Planning and Community Development
The applicant, Zack Miller, Esq., is representing the owner of 705 Seminole Rd. (RE #170655 0000). This
property is located on the northwest corner of Atlantic Boulevard and Seminole Road in the Commercial
General (CG) zoning district. The building is currently used as a shopping center and has a combination
of retail, service and office uses.
The applicant is seeking
to add a sign to the roof of
the existing building.
This requires a variance
from Section 17-29
(c)(1)(a) to exceed the
maximum height of a
freestanding sign and
from Section 17-42 (7) to
allow roof top signs.
The applicant has
indicated that if the
structural engineering
does not support a roof
top sign they would like
to place the same
proposed pole sign on the
western side of the
property (between this
property and the gas station) within the required five (5) foot setback. This alternative location would
require a variance to the maximum freestanding sign height (Section 17-29(c)(1)(a) and variance from the
requirement for the sign to be located at least five (5) feet from the property line(s) (17-29(c)(2) .
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Both the building and the existing pole sign were originally constructed in the 1960's and are both non-
conforming. The building has been added onto over the years but is nonconforming due to setbacks, lot
coverage and stormwater requirements. The property has asphalt parking in the front and rear. There is
very little on the site that is not covered with building or asphalt. The existing nonconforming freestanding
sign is located at the northern end of the
property and is non -conforming due to
its height and setbacks. This pole sign
currently reads” Sunnyland Coin
Laundry".
The sign code at the time of
development classified this as a "pole
sign". The ordinance at the time read
"Such signs shall have not more than
one hundred eighty (180) square feet of
horizontally projected area as
calculated from any angle and shall be
limited to one (1) square foot of area for
each lineal foot of frontage of the lot on
which such signs are placed. The height
or and self-supporting sign shall not
exceed thirty-five (35) feet". However, in early 2000's the sign code no longer permitted signs above eight
(8) feet in height. Therefore, this sign is considered nonconforming due to its height and design. Currently,
freestanding signs are permitted to be a maximum height of 8 feet and must be setback 5 feet from any
property line.
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Page 2 of 5
On September 9th, 2020, the
property was cited by Code
enforcement for violation of
Section 17-41(c) "Abandoned
signs. Signs shall be removed
by the owner or occupant
within thirty (30) says of
cessation of the business
activity conducted on the
property where the sign is
located. A business or activity
shall be considered to have
ceased when the premises are
vacated, or in the absence of a
valid occupational license or
active utility service account.
Signs not removed in
accordance with these
provisions shall be considered '3'
as abandoned and shall be
removed at the property owner's expense". The last business tax receipt
Location of existing
nonconforming sign
5t choice sign location
2nd choice sign location
issued
19 Oct 20; L
for "Sunnyland Coin
Laundry" was on October 3, 2016 and expired September 30, 2017. As a result, the sign was considered
abandoned 30 days after the business tax receipt expired. In addition, Section 17-51 (nonconforming
signs) requires the sign to come into compliance if there is any change to the structural supports, any
change to the material used for the display area/face area by more than twenty-five (25) percent and
replacement of an abandoned or discontinued sign.
The applicant is proposing to construct a sign on top of the existing building. The proposed sign face area
would be 8 feet tall by 12 feet wide, but locating the sign on top of the building creates an overall height
of 22 feet 7 inches, exceeding tit ;,0��,,,, 11111�lllll�llllluuuui°
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Also, Section 17-42rohibits � E �� '
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roof signs which are defined as
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"any sign attached to a
building or the roof structure
of a building by any means,
which extends above the
height of the roof or roof
plane."
The applicant has said they
have not consulted a structural
engineer and there is a
possibility the roof cannot
support the sign in this
location. If the roof cannot
support the proposed sign in
this location the applicant is
seeking a variance to place the
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Page 3 of 5
Proposed roof top location
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19 Oct 20. L
same (sign face area of 8' x 12' and max. height of 22' 7") on the western side of the property closer to
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ANALYSIS
Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach."
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
The applicant said, "Topographic" is not defined by the ordinance code, however, it is generally
defined as "relating to the physical features of the area." The property in questions was developed a
commercial strip center in the 1960s. As such the entire parking lot and "interior" drive aisles
connect directly to Seminole Road without any buffering or landscaping. The sign at -issue was also
erected sometime in the 1960s. The physical features of the property and neighboring right of way
are such that there is no place to put the sign on the property that is more than five feet from existing
property lines without interfering with the current parking configuration or drive aisle and the
visibility of incoming and outgoing traffic".
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant said, "The location of the property, the pre-existing way it was developed, and the
needed placement of the sign are surrounding conditions and circumstances impacting this property
disparately from nearby properties. As stated above, the property was developed as a commercial
strip center in the 1960s. Placement of the sign in a place other than the proposed location would be
a danger to pedestrian, bicycle, and vehicular traffic on the public right-of-way and/or ineffective.
Because this location is close to the farthest point on the property from the intersection, for the sign
Page 4 of 5
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19 Oct 20. L
to function (i.e., have any visibility) it needs to be a height that is similar to the sign that has existed
on the property for almost sixty (60) years".
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant said, "The property was developed so that the parking area and drive aisle were
designed to connect directly into Seminole Road and Atlantic Boulevard on a corner lot. Because of
this, the placement of a sign (freestanding or monument) on any other location within the property
would be a hazard to vehicular, pedestrian and bicycle traffic thereby preventing the reasonable
signage use of the property".
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant said, "The current sign regulations as to setback and height were put into place after
the property and the existing sign were developed".
(5) Irregular shape of the property warranting special consideration.
The applicant said, "The property is a corner lot which immediately abuts Atlantic Boulevard and
Seminole Road with no setback between the parking/drive aisle area and the right-of-way".
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant said, "The lot is substandard so that full compliance with the sign code would require
placing a sign in accessways or parking, thereby negating the ability of the owner to have reasonable
signage use at any location other than the location of the existing sign".
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0015, request for a
variance to Section 17-29 upon finding this request is consistent with the definition of a variance, and in
accordance with the provisions of Section 17-52, specifically the grounds for approval delineated in
Section 17-52(c) and as described below.
A variance may he granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard si:e of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR21-0015, request for a
variance to Section 17-29.
Page 5 of 5
Page 32 of 61
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME David Andrews
ADDRESS 1505 Park Terrace East
PROPERTY LOCATION 1505 Park Terrace East
RE# 171951-0000
BLOCK # 4
FOR INTERNAL OFFICE USitj9t ZU
FILE# 1% 21—O0i1v
EMAIL davidbandrews@gmail.com
CITY Atlantic Beach
STATE FL
ZIP CODE 32233
PHONE # 904-349-2218 CELL #
LOT # 1
LOT/PARCEL SIZE ZONING CODE UTILITY PROVIDER JEA
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
PROVISION FROM WHICH VARIANCE IS REQUESTED Guest house partially outside the Building Restriction Line (BRL)
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
❑ YES 0 NO (if yes, this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning,
Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site elan must clearly
describe and depict the Variance that is reauested.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: four (4) copies, except where oriainal plans, photoaraphs or documents that are not lara_ er than
11x17 inches are submitted, please provide eiaht (8) copies of any such documents.
5. Application fee of $300.00.
HERE:. CERTIFHAT L INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
I/2 i1
DATE
SI NM -URE IF APPLICAN1
SIGNATURE OF APPLICANT (2)
Signed and sworn before my e on this
Identification verified:
Oath Sworn: ❑ Yes
19 VARIANCE APPLICATION 08.
David Andrews
PRINT OR TYPE NAME
PRINT OR TYPE NAME
day of ,.) :, ..
CHRISTIAN GILES
MY COMMISSION # HH 117153
✓� ;o`,= EXPIR5S:April 13, 2025
,B i°e: Bonded 'Mu Notary Public UndetWdlen
Ni
I.
DATE
"" � � byState of //0
County of I) (4 a
Notary Signature
My Commission expires 9
Page 33 of 61
ADDITIONAL COMMENTS:
As stated above, our aim is to build a 16'x12' guest house (no plumbing) which would straddle the BRL, conform to the look and feel of the main
house, still be nearly 30' from the property line and allow us to preserve the two beautiful Live Oaks. Additionally, based on the setbacks and
location of the home, driveway, and pool, there is little or no alternative location for this new structure.
L19 VARIANCE APPLICATION 08.25.2020
Page 34 of 61
The following paragraph sets forth reasons for which a Variance may be approved, please cl cQcd 21
circumstances that apply to your request and briefly describe in the space provided.
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
[1] 1. Exceptional topographic conditions of or near the property.
In the proposed location of the new structure there are two historic, old growth Live Oaks that will be preserved. Without the variance these trees
are at risk of removal in order to stay within the current BRL. The homeowner wishes to preserve these beautiful trees which make this
lot/home/communitv desureable and uniaue.
El 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
OX 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
In the proposed location of the new structure there are two historic, old growth Live Oaks that will be preserved. Without the variance these trees
are at risk of removal in order to stay within the current BRL. The homeowner wishes to preserve these beautiful trees which make this
lot/home/communitv desureable and uniaue.
Li 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
5. Irregular shape of the property warranting special consideration.
El 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community
Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6)
months, beyond which time the Variance shall become null and void.
f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
19 VARIANCE APPLICATION 08.25.2020
Page 35 of 61
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19 Oct 20. L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR21-0016
Request for a variance to the platted Building Restriction Line (BRL) at 1505
Park Terrace East.
LOCATION 1505 Park Terrace East
APPLICANT David Andrews
DATE October 19, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, David Andrews, is the owner of 1505 Park Terrace East. This property is located on the
northeast corner of Park Terrace East and Seminole Road, within the Residential, Single- Family, Large
Lots (RS -L) zoning district.
The applicants would like to build a detached guest
house on the south side of the property. The applicant
is requesting a variance to section 24-17 to allow a
detached guest house to exceed the 35ft Building
Restriction Line platted on Seminole Road. Section 24-
17 of the Land Development Regulations "building
restriction line (BRL) shall mean the line(s) extending
across the front, sides, and/or rear of a lot or the
property, as depicted on a platted lot of record. Building
shall be contained within building restriction lines.
Building restriction lines, which may require a greater
building setback than the minimum yard requirement of
the applicable zoning district, and which have been
recorded upon a final subdivision plat approved and
accepted by city staff, shall be enforceable by the city".
1,535
1385
Based on the city codes the south side of the property is considered the front yard and east side is
considered the side yard. For the purpose of the proposed project, staff is recognizing the property line
abutting Park Terrace East as the front property line. Section 24-17 of the Land Development Regulations
"lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner
having an interior angle not greater than one hundred thirty-five (135) degrees. Unless conflicting with
the prevailing development pattern of the adjacent lots, the exterior lot line of the narrowest side of the lot
adjoining the street shall be considered the front of the lot, the exterior lot line of the longest side of the
lot abutting the street shall be considered as a side of the lot, and shall have a minimum required side yard
of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements
of the zoning district in which the property is located".
This property has a 35 ft platted BRL along Seminole Road and a platted 40 ft BRL along Park Terrace
East. Currently, the existing residence meets both the 40ft and 35ft BRL established in the plat for this lot.
1.
' !h1I 1!I ulu� un' 1
The detached guest house is proposed to extend beyond the 35 foot BRL along Seminole Road bun t20'1
not exceed the 10 foot required side yard setback for corner lots and minimum 5 -foot side yard setback in
the RS -2 zoning district. The proposed detached guest house is 192 square feet.
07.441
40 ft BRL
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Page 2 of 4
II,1!111!I1I1E1 P11111r1*
19 Oct 20. L
ANALYSIS
Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach."
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant stated the 30' Building Restriction Line and the orientation of the front/back/side yard
building lines has pinned the property to the north West corner of the lot, thus restricting
approximately 50% of the side yard from use. The proposed addition would bring the 925 sq. ft.
home up to about 1,400 sq, ft. Many neighbors had added comparable additions to expand their
living spaces.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
The applicant stated that the irregular angles of the Building Restriction Line restricts the buildable
area of the substantial side yard to expand the house.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0001, request for a
variance to allow construction of a pergola beyond the 48" maximum structural projection upon finding
this request is consistent with the definition of a variance, and in accordance with the provisions of Section
24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below.
A variance may he granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
Page 3 of 4
(6) Substandard si:e of a lot of record warranting a variance in order to provide for thle.9Oct 20. L
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR21-0001, request for a
variance to exceed the Building Restriction Line as depicted on the plat of this lot.
Page 4 of 4
CHAPTER 23 VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
Agenda 1°ten1-#4.C.
FOR INTERNAL OFFICE USE ONL119 Oct 20.'.1
FILE # ICV R21 ' Oar:„
APPLICANT INFORMATION
NAME 'r Ir „,,,oi 1 i c"Lv\n EMAIL \oarlDle.v tiled@ live. Co rn
ADDRESS Velic13e0c1 \/e , CITY !•l't l i' I r STATE 4— L. ZIP CODE 3 223
I1K 411 ech PHONE , 1-1130
#4 D25i3nS 00,,ns
PROPERTY LOCATION
PROVISION FROM WHICH VARIANCE IS REQUESTED
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and site plan indicating existing, removed, and/or proposed trees; existing and proposed construction, as well as other
significant features existing on the lot.
4. A reasonable.statement describing the reasons and justification for a variance.
5. Application fee of $300.00.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED 1S CORRECT: Signature of Property Owner(s) or Authorized Agent
SIGNATURE OF APPLICANT (2)
Signed and sworn before me on this
Identification verified:
Oath Sworn:
Yes
_J N
7)5-Arhx---a_v tf
PRINT OR TYPE NAME
ir�a�l LEN i ne
PRINT OR TYPE NAME
I ONI GINDLESPERGER
MY COMMlf>(3lr)rd wd or; ",53178
29 CHAPTER 23 VARIANCE APPLICATIC.AlQB:.2'02j'.`'` ''` '')H"Underwriters
1 by
cl lag lao43.-1
State of
County of
DATE
ic)161) D
DATE
Notary Signature
y Commission expires
Pagga al of 61
s.,,. at"
The following paragraph sisfoth reasons for which a Variance may be approved, please
es that apply y request and
briefly describe in the space provided.
Grounds for approval of a Variance: Per Section 23-25(b)(3) A Variance may be granted at the discretion of the Community
Development Board, for the following reasons.
❑ 1. Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not
survive.
❑ 2. Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials.
❑ 3. Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species.
4. Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees.
tke G � Q s x'01 1i\62 -)-o remov-e , wi u -i+ hav v �� TA ar >�
s it 6 vpe,Srn�w. need 1-o po-I- A. w 'e,.(.� *D t"� �, vv,. ho v�+�,
o 4 dbor 40 lx�.c� dike 1f i el , s ry IDI ar.Ica b y roves 4
Ovte. ► # " , MR.. , • S
, D &..0 ' 0 �.N-cn�d.. ,I 5-3-i )1
Wi. alhn54('ee 5' dTea us 14 -In La ° ' (.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is in accordance with the preceding terms and provisions Section 23-25(b)(3) and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within twelve (12) months from the date of approval of the Variance. The
Community Development Director, upon finding of good cause, may authorize a one-time extension not to exceed an additional
six (6) months, beyond which time the Variance shall become null and void.
29 CHAPTER 23 VARIANCE APPLICATION 08.24.2021 Page 42 of 61
Agenda Item #4.C.
inn
�17J10+V117 i1 JffIIIIU�""'%u�Qllllllll1.
Nffiffi
PermitTRAK
TREE21-0042 Address: 1618 BEACH AVE APN: 169547 0000
TREE REMOVAL
TREE REMOVAL RESIDENTIAL APP FEE 00100003291005
1i
11111111111
�0�.
00111
N,11,111
1111111
Date Paid: Tuesday, August 10, 2021
Paid By: LANIER MICHAEL W
Cashier: SYS
Pay Method: CREDIT CARD 09885C
%1111;+llli
11111;1,,rr 1
0
$125.00
$125.00
$125.00
$125.00
Printed: Tuesday, August 10, 2021 5:04 PM 1 of 1
Page 43 of 61ARE
Prepared By and Return To:
Johuni Nicole Causey
Landmark Title
4540 Southside Boulevard, Suite 202
Jacksonville, Florida 32216
General Warranty Deed
Agenda Item #4.C.
19 Oct 2021
THIS 1510 CERTIFY i'IHAT IS
A TRUE CERTIFIED IFIED COPY
OE THE ORIGINAL
I3Y:
Made effective the 5th day of August, 2021, by Bruce A. Robbins, individually and as Trustee of
the Bruce A. Robbins Living Trust, a revocable living trust, whose address is 13723 Atlantic Blvd, 343,
Jacksonville, FL 32225 hereinafter called the Grantor, to Richard Andrew Levine and Barbara Wright
Levine, husband and wife, whose address is 1618 Beach Avenue, Atlantic Beach, FL 32233, hereinafter
called the Grantee:
(Whenever used herein the term "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations)
Witnesseth, that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and
other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Duval
County, Florida, more particularly described as follows:
Lot 5, Block 1, OCEAN GROVE, UNIT NO. 1, according to plat thereof recorded in Plat Book
15, Page 82, of the Current Public Records of Duval County, Florida,
Parcel ID Number: 169547-0000
Subject to taxes accruing subsequent to December 31, 2020.
Subject to covenants, restrictions and easements of record, if any; however, this reference thereto
shall not operate to reimpose same.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances.
File Number: 21-5597
Page 44 of 61
Agenda Item #4.C.
19 Oct 2021
In Witness Whereof, the Grantor has signed and sealed these presents the day and year written
below.
Signed, sealed and delivered in our presence:
Wit p ss 1 Signature
Bruce A. Robbins Livi a revoc�living trust
)� 11 L . Kiri
.lohnni Nicole Cousey Bntcc A. Robbins, Trustee
Witness I Printed Name
detreitAc 74A,
Witnes's 2 Printed Name
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me by means of (.physical presence or () online
notarization this S�`- day of �7G i,J/'' , 2021, by Bruce A. Robbins, Trustee of Bruce A. Robbins
Living Trust, a revocable living trust dated September 23, 2020.
.Sig alure of Notary Public
Print, Type/Stamp Name of Notary
Personally Known:
Type of Identification
Produced:
File Number: 21-5597
OR Produced Identification:
JOHNNI NICOLE CAIJSEY"
MY COMMISSION 4 GG13099'1
EXPIRES August 09, 2021
Page 45 of 61
BOUNDARY
SURVEY
SURVEYOR'S NOTE:
THERE ARE APPARENT MATHEMATICAL ISSUES
WITH THE PLATTED INFORMATION.
CALCULATIONS WERE REQUIRED FOR LOT
CLOSURE AS SHOWN ON SURVEY, LOT 10
0 SET 5/0° IRON ROD
/
1 CAP 1.6 #7564
UNLESS INDICATED OTHERWISE
CV
CV
(g).
LOT 11
z
.4„
/ / 6' W.F. 134.200)
2.5'S,
1.6'E N 040
',...
--,..:.
LOT 9
LOT 7
116,60'(P)
LOT (3
LOT 13
0,,, ..,
(l)'/
4:1
1) c) „, ---N,
4,)
LOT 5
, i BLOCK 1
0
6'' vcr. 53:2'
arr 14
LOT 1
LOT 2
14.6'
14 7Zer
),
2.6'
98.200)
6' W.F. ALONG
PROPER TY UNE
PVC Ad V3,7'A.. F"ENCE
LOT 8
Agenda Item #4.C.
00, 49 Oct0202
END 1/2" IRON ROD
/40 NUMBER
4'044
FND 1/2" IRON ROD
NO NUMBER
233.
19.8.6
.--
J.
XIONG. •
sp. * „DRIVE , • ' ,
-A%
43,13'
PAVERS—,
4..
14 / p000
LOT 4
84'03'40" E
127
7.25
123.2(P)
^.(-)
(C)
A=44.45'
R=55.00' -
D= 46'18'19"
(P)
Az '4.45°
Rtm=5,5
LOT 3
30'(P)
(c)
A=48.50' I
R=103.00'
D=26'58'45"
(P)
A485
ft1
N 40°21'59" E
13.88'(M)
15.6'(P)
ENO 5/8" IRON ROD „---
#1624
0.81E
-3('Y(P)
PROPERTY ADDRESS: 1618 BEACTI AVENUE, AIL ANTIC BEACH, FLORIDA 32233
PL1C-11 )11,7141 (4241.41E(,1E411.
LEVEND
11)11- DEGINNIVG
(76 -10P,I.V/1F
11.1) I.41;4441411'4, 444'
((1) ( 17 1 71)61111611111, DAM
(C141 7471.(111,1T144.1) IVA( P14( ORDL1, I:t
AC414 - 1,14(411 1.1.1,N1.1 (NIRO!. 40161
14k M. 6144.41.1.^. I, 4 P411 F.41.4441 T A10,6114! NI
1'.k.(.4 111'.I OP R4.41 RA flue l'7". 7 VII/
/'414' -- 1014441" (4) cawry.411,44D 6.1(4'..41IRE
RI. PON 1 or 1N114,'.44t1 ION
LEGAL DESCRIPTION:
LOT 5, BLOCK .I, OCEAN GROVE, UNIT NO. 1, ACCORDING TO
PLITT:HEREOF leECORDEI) PL,-17BOOK /5, PAGE 82, OF 71-1E
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
Page 46 of 61
1.1,MgcuOMModA1101,11111111,11111,111111
t.221,d1111,1.46,1,
EXHIBIT C: TREE INVENTORY and '--E PLAN
City of Atlantic Beach
Con4munity Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
Agenda Item #4.C.
19 Oct 2021
FOR IN NAIL OF PIC E USE ONLY
CLASSIFICATION
PERMIT 11
TREEINVEIVRATY-Please sketch an inventory in the area below or attach a site plan showing all existing trees on the
P1 operty below that are 8" diameter at breast height (dbh) and greater. Please complete the following:
Show the location of all trees to be removed with an
• Shaw the location of all trees to be relocated with an "0"
Show the location of all trees to be preserved with "111"
Show all existing and/or proposed buildings
Number all trees and list on [XI -1181i f !):Tee Worksheet
PREPARED LIY:
02 TREE I? EA101/21 PE li°,1in ir API'!
Sciii:ALE:1 SQUARE =
)Cof)
if Ili. 4ittiik) cu
rr r1 - LP
I-II 13 IXT'R It 'E itVORK SHEET
tt:, C it y of Iktflmitic Eleach
,", Cu',
cirr I . » ''''''''', t8i 1),:ey ie ID° ip rile rit t Department.
//17'...; 00 ,S E/192 ',In 211, e Fio,a ci, Atlantic Bead), FL 3 2233
(P) ';) (.).4,i, .-2 4 7 - 5 8 00
Agenda Item #4.C.
I9HOct.2021.
I)iI.
List the species acid dinleter at breast heigl (dIA) of all trees identified on EXHIBIT C (attach additional pages as needed).
ID D9H SPECIES
I ]!J 11011
removing preserving relocating
4
5
6
.16
18
19
20
21
22
23
24
25
02 181!: Pad:OVAL PE 1;MITAPPLIC/ITION ! X! W1/T0. Truel/Voik,Oreet 08.0S,2021
COMMENTS (for use by City Staff)
""" ''''""P'8048"of 61
r u e
II
c\c -\D
Agenda Item #4.C.
19 Oct 2021
Page 49 of 61
I'•Ill' HomePro Inspections 111li' irn l'I„
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Dear Barbara Levine,
Agenda Item #4.C.
19 Oct 2021
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Page 50 of 61
\ivwe
TREE AND VEGETATION TOO CLOSE TO
STRUCTURE
* doir . Item #4.C.
ct 2021
Vegetation such as trees, shrubs and/or vines was in contact with
or close to the building exterior. Vegetation can serve as a
pathway for wood -destroying insects and can retain moisture
against the exterior after it rains. This is a conducive condition for
wood -destroying organisms. Recommend pruning, moving or
removing vegetation as necessary to maintain at least 6 inches of
space between it and the building exterior. A 1 -foot clearance is
better. Tree next to foundation on left side should be removed
All sides of structure
Contact a qualified professional.
Page 51 of 61
Brad Brannan
Palm Removal
August 12, 2021 at 8:40 AM
Barbara Levine
1618 Beach Ave
Atlantic Beach, FI
32233
Brad Brannan
ISA Certified Arborist
FL 9641A
Phone: (904) 450-0449
bradbrannan67@gmail.com
As per your request to review the Cabbage Palms(Sabel palmetto), after inspecting all of the palms, seven are marked for removal, 4
on east side of the property near the drive are to close together and are a trip hazard, one on the South side is within 5ft of the house,
2 on the North side are to close and are infested with various rodents. REMOVAL IS RECOMMENDED.
Two palms in the back yard are encroaching the Oaks, as those due pose a small risk, should only be removed and replaced with
something that suits the area well.
Brad Brannan
ISA CERTIFIED ARBORIST
FL -9641-A
(904)450-0449
61`0.\- e of
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Page 53 of 61
.
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em #4.C.
Oct 2021
Page 55 of 61
Agenda Item #4.C.
19 Oct 2021
Page 56 of 61
AGENDA ITEM
CASE NO.
LOCATION
APPLICANT
DATE
STAFF
STAFF COMMENTS
i114.
19 Oct 20. L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4.0
ZVAR21-0017
Request for a variance from Section 23-33 to reduce the mitigation owed for
removal of 6 palm trees.
1618 Beach Avenue (RE# 169547-0000)
Barbara and Richard Levine
October 13, 2021
Abrielle Genest, Planner
The applicants, Barbara and Richard Levine, are the
owners of 1618 Beach Avenue. This property is located
on the west side of Beach Avenue approximately 130
feet north of 16th Street in the residential, general,
multi -family (RG -M) zoning district.
The applicant is requesting a variance from Section 23-
33(a) to remove six (6) palm trees without mitigating.
This section of the code requires mitigation
(replacement), relocation or payment into the tree
conservation fund for trees removed on the property.
The newly updated Chapter 23 is not on municode but
can be found on the cities website at .1.01
8
66
1620
https://www.coab.us/DocumentCenter/View/13109/Chapter-23-Redline-62921-clean
162 5
"Section 23-33 (a) Mitigation required. Replacement or relocation shall he the preferred methods of
mitigation. Unless mitigation in the fonn ofpavment into the tree conservation find has been approved
in accordance with section 23-37, mitigation in the form of tree replacement, relocation or
preservation shall he required to offset any impacts resulting from the removal of regulated
trees vegetation as a condition of the tree or vegetation removal permit."
The applicant is proposing a walkway from the front door of the house to the driveway and to add a gate
in the side yard. Both of these proposed property improvements require the removal of trees for
construction. The applicant is seeking the variance to waive the requirement for mitigation and/or
payment into the tree conservation fund.
An application for tree removal was submitted August 10th, 2021 that proposed removal of sixteen (16)
palm trees and one (1) water oak. The applicant included a report from the home inspector which
recommended "pruning, moving or removing vegetation as necessary to maintain at least 6 inches of space
between it and the building exterior. A 1 -foot clearance is better". Staff reviewed this document and found
that it did not fit Florida State Statute 163.045 because it was not prepared by an arborist or licensed
i1,1!Il1!IululPI'11• .
landscape architect. This statute states "a local government may not require a notice, application, apprRgoct 20. L
permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the
property owner obtains documentation from an arborist certified by the International Society of
Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or
property". Staff only approved the removal of the water oak because it met section 23-22 (3) as a safety
hazard. The water oak was growing into the side of the house and was deemed a safety hazard. Staff did
not approve the removal of the sixteen (16) palms.
As a result of the partial denial (no removal of the sixteen (16) palms) on original tree permit application,
the applicant revised the application to only remove six (6) palm trees. On August 12, 2021, the applicant
emailed an arborist letter to the city to support the revised tree removal permit. This letter states "4 [trees]
on east side of property near the drive are to close together and are a trip hazard, one on the South side is
within 5ft of the house, 2 on the North side are to close and are infested with various rodents. REMOVAL
IS RECOMMENDED". Staff reviewed this letter and did not find it fit the intent of FSS 163.045 and
did not prove that the trees "presents a danger to persons or property".
These six (6) palm trees meet the definition of a private regulated tree. They are defined as "any tree on
private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the
following conditions: a. a DBH of eight (8) inches or more". The table below details the trees proposed
for removal including the species, size, and mitigation assessment for each tree. Per Section 23-33 (a) staff
will approve the removal of the six (6) palms however they must be mitigated and/or money paid into the
tree conservation fund.
ID Species DB Mitigation Mitigation Arborist Report
# H Ratio Owed
(inches
removed:
inches owed
1 Cabbage 13" 1:0.5 6.5" "to close together and are a
Palm trip hazard"
2 Cabbage 12" 1: 0.5 6" ``to close together and are a
Palm trip hazard"
3 Cabbage 10" 1: 0.5 5" ``to close together and are a
Palm trip hazard"
4 Cabbage 11" 1: 0.5 5.5" to close together and are a
Palm trip hazard"
30 Cabbage 10" 1: 0.5 5" ``to close[to the house] and
Palm are infested with various
rodents"
31 Cabbage 13" 1: 0.5 6.5" ``to close[to the house] and
Palm are infested with various
rodents"
TOTA 34.5"
L
The mitigation ratio is assessed based on the classification of the property (vacant, developed, new
construction, public property, etc.). The subject property is considered a developed lot, which is defined
as "any parcel upon which any building, structure, pavement or stormwater facility exists or is proposed
but which does not fall under the definition of new construction or vacant lot".
Page 2 of 5
il,I!I� 1!I olid lll' 11R .
Using this assessment, the mitigation owed is a total of 34.5" of trees and/or the equivalent paid int.?)9ect 20. 1
tree conservation fund. Mitigation shall come in the form of tree replacement, relocation or preservation,
or payment into the tree fund, in which mitigation can be met by planting the owed mitigation on site,
paying into the tree fund, or a combination of the two. The tree fund rate is $144.00 per inch of mitigation
owed. The cost equivalent for the proposed removal is $4,968.00. Replacement trees must be selected
from Section 23-33 (f) "City of Atlantic Beach Recommended Tree List". Any species may be used to
replace a palm tree, but replacing a palm tree with a designated maritime species results in double credit.
For example, planting a 4" caliper Southern Magnolia tree would receive 8" of credit towards mitigation.
The figure below is provided by the applicant and the tree ID #'s from the table above correspond to the
numbers in the figure showing the approximate location of the proposed trees for removal.
„15'x;,,1I6',I
Page 3 of 5
Existing fence. Proposed
door location.
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Proposed walkway
location
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19 Oct 20.1
nd shall
'ariance
ariance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 23-25 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach."
Section 23-25(b) provides four distinct grounds for the approval of a variance:
(1) Exceptional topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
(2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting
of landscape materials.
(3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
(4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation
areas and/or trees.
The applicant said "The 6 palm trees I'd like to remove, without having to pay into fund or replace,
is for safety reasons. I need to put a walkway to ramp in front of home and add door to backyard at
existing fence. Everything is now blocked by these trees and are preventing me access. Also they
are entangled in overhead wires. I still have 26 palm trees to deal with later".
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0017, request for a
variance to Section 23-33 upon finding this request is consistent with the definition of a variance, and in
accordance with the provisions of Section 23-25, specifically the grounds for approval delineated in
Section 23-25(b) and as described below.
A variance may he granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
Page 4 of 5
Sl 2�
' II t L
(2) Existing electrical lines or utility easements that prevent or restrict the presen'ation or planti/! �/ UUU
landscape materials.
(3) Barrier island or dime ecosystem planting conditions that cannot support certain hardwood
species.
(4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas
and/or trees.
Or,
The Community Development Board may consider a motion to deny ZVAR21-0017, request for a
variance to Section 23-25, finding this request is not consistent with the definition of a variance.
Page 5 of 5