Item 8A
AGENDA ITEM # 8A
MARCH 12, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request from Ruth M. Thomas for a waiver from Section 24-255 (a)
°" of the Subdivision Regulations seeking approval to create two lots that are less than 75-feet
in width and less than 7,500 square feet in Lot Area and that are also less than the 75-foot
width and 7,500 square feet requirements of the RS-2 Zoning District for property at
"` 343/345 Second Street.
SUBMITTED BY: Sonya Doerr, AICP ~~
~. Community Development Director
DATE: February 22, 2007
BACKGROUND: Section 24-255 (a) of the Subdivision regulations requires newly created
residential lots to have a width of not less than 75-feet and lot area of not less than 7,500 square
feet. The RS-2 Zoning District also requires a minimum Lot Width of 75-feet and minimum Lot
Area of 7500 square feet. The applicant owns one 50-foot wide by 140-foot deep lot on the
north side of the 300 block of Second Street and also one-half of each of the two adjacent 50-foot
wide lots. The owner wishes to reconfigure the existing property to create two 50-foot wide by
140-feet deep lots.
The property is currently occupied by an older single-story duplex. Prior to 2001, this area was
zoned RG-1 (Two-family, Residential.) The site contains a significant number of very large oak
trees and palms, which canopy over the property. Any action that would serve to support
destruction of this tree canopy would be inconsistent with stated objectives of the City. This
property, as it now exists, could be redeveloped with a duplex in accordance with Section 24-86
or with asingle-family residence. Redevelopment would be subject to the Residential
Development Standards.
The subj pct property is located within the RM (Residential, Medium Density) Comprehensive
Plan land use category. At 7000 square feet, the proposed lot sizes would comply with the
Density limitations of the Comprehensive Plan, but the reconfigured lots would not meet the
minimum width or size requirements of the RS-2 district or as set forth in the Subdivision
regulations. Staff recognizes that the original platting pattern of this area consisted of 50-foot
wide lots; however, as indicated by the attached Property Appraiser's map, many lots within this
area have been reconfigured such that the 50-foot wide lot is no longer the typical lot width.
BUDGET: No budget issues involved in this request.
~"' RECOMMENDATION: Motion to deny request to create two lots that are less than 75-feet in
width and less than 7,500 square feet in Lot Area and that are also less than the 75-foot width
and 7,500 square feet requirements of the RS-2 Zoning District for property at 343/345 Second
""~ Street. (No similar requests have been approved over the previous four years.)
ATTACHMENTS: Photos, maps, application and operty owner's supporting information.
REVIEWED BY CITY MANAGER:
March 12, 2007 regular meeting
AGENDA ITEM # 8A
MARCH 12, 2007
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AGENDA ITEM # 8A
MARCH 12, 2007
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AGENDA ITEM # SA
MARCH 12, 2007
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APPLICATION FOR SUBDIVISION WAIVER
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us
Date ~ z ZZ' ~ 7 File No. `~ 4/ l/V ' ~ ~~ ~ ~~ ~ Receipt ~ ~ l
1. Applicant's Name .Ruth M. Thomas Trustee, Thomas Family Trust dated 5/26/2005
2. Applicant's Address 345 Second Street, Atlantic Beach, FL 3'2233
3. Property Location 343/345 Second Street , Atlantic Beach, Florida
4. Property Appraiser's Real Estate Number 169785-0000
5. Current Zoning Classification RS^2 6. Comprehensive Plan Future Land Use designation RS-1 (2 )
7. Requested provision(s) from which waiver is sought:
Section 24-191
8. Size of Parcel 100 X 140 9. Utility Provider City of Atlantic Beach
10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates
compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and
specifically describing how the request complies with the Conditions necessary for the City Commission to
approve this request. (See attached Section 24-191.) (attached)
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (4)
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s):
Signature(s):
Ruth M. Thomas
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Mailing Address:
Name: Ruth M. Thomas Carol-Anne Hallam (daughter)
345 Second St. 3625 Scioto Court
Atlantic Bch. 32233 Green.Cove Springs, FL 32043
Phone: 246-3595 FAX: 355-4148 E-mail: cahallamQcomcast.net
333-9005 daughter
I I
„~ AGENDA ITEM # SA
MARCH 12, 2007
Application for Subdivision Waiver
Item 10-Staterraent of Facts and Reasons for
Request for Waiver and Compliance with Conditions of Section 24-191 of the
Zoning and Subdivision Land Regulations
3431345 Second Street, Atlantic Beach, Florida
The circumstances that create the unique and undue hardship/practical difficulties that apply
solely to 343/345 Second Street in Atlantic Beach (parcel no. 169785 0000) are as follows:
1. 343/345 Second Street is a concrete block duplex zoned RS-2 and built in 1951.
It has been owned and used continuously since 1964 by the current owner's family. Deaths in
the family now leave as the sole owner a 76 year old widow in declining health unable to
properly maintain her home any longer.
2. The owner recently had the home appraised in anticipation of selling the
property, and indications are that the existing structure on the parcel is functionally obsolete, in
part because of the small dimensions and layout. The structure has little insulation in the attic
and none in the walls, and has many non-functioning, inefficient jalousie-type windows, and a
roof that will need replacing in less than 5 years. It is not in compliance with current hurricane
andlor other building codes, and it does not have a firewall between the common wall of the
structure. The building has no historic value or architecturally interesting features.
3. The sale of the home was to have been the owner's main source of retirement
funding. Costs to bring the existing structure into compliance for resale as an existing duplex are
prohibitive for her, thus leaving her having to sell the home in an "as is" condition and leaving
the cost of renovation to a buyer, reducing significantly the potential selling price. A buyer could
also purchase the home, tear it down and either a} rebuild a new duplex home, keeping the
existing RS-2 zoning designation; or b) tear down the existing duplex and build one potentially
enormous "McMansion" home on the 14,000 square feet that comprise the lot as it currently
exists.
4. A rebuilding of another RS-2 duplex does not serve the public interest in the best
manner possible for what the Community Development Board (CDB) now seeks; that is, to
improve the quality of family life in Atlantic Beach and to keep the size and height requirements
of any new structures built within reason to accomplish the feel of the unique seaside
community that Atlantic Beach is. Second Street is in an area that is predominately single
family RS-1 homes built on 50 X 100 to 120 foot lots. This lot is even larger.
5. The appraisal suggests the best and most valuable use of the property is single
family homes on single lots. This alternative better suits the needs of the owner AND the City of
~* Atlantic Beach AND the Community, but the only way to do this is for the CDB to permit a
subdivision waiver that would allow the construction of two new single family RS-1 structures on
2 lots taken from the single lot designation that is large enough to accommodate homes of a
~.. design that is in keeping with the CDB's Community Comprehensive Plan. The owner can
expect a better return on the sale of the land; the Community gets two new fully Code-compliant
family dwellings that would be built to community-enhancing design; AND the City coffers
~„ benefit when this now old homesteaded "one unit" is replaced by 2 single family homes that will
generate immediately upon completion property tax revenue nearly triple what is being paid
now. Two new structures AND the individual lots to go with them are simply worth more to all
parties involved.
~..
AGENDA ITEM # 8A
MARCH 12, 2007
6. Further, Section 24-106(d) of the Zoning and Subdivision and Land Development
Regulations states that...
°Existing legally established Lots of Record may exist which do not meet the
~" above requirements. These Lots may be developed subject to all applicable
Land Development Regulations...".
The lot size BUT FOR the current way the lines of this pieced-together lot created originally from
3 other lots is easily large enough for 2 homes, and it would not be inconsistent with the
character of this neighborhood to permit the construction of 2 fully compliant single family
~, dwellings, each having a lot size of 50 X 140, both of which more than meet the square footage
requirements of a single family lot as originally drawn and platted.
,~, The owner and her real estate agent met with Sonya Doerr, Atlantic Beach Community
Development Director, on Monday, February 5, 2007. Ms. Doerr researched and confirmed the
standards to comply with minimum density requirements as mandated by the Community
Comprehensive Plan.
~.
7. Originally, a variance of some sort was created when the original plat allowed the
homeowner to take portions of 3 lots to make one large lot in the middle of smaller lots. The
~"" same result occurred then-the exact same dirt was moved around with the stroke of a pen to
accommodate an individual and community need at that point in time-a variance for aduplex-
perhaps back in those days as a way to own one side and rent the other to tourists or the
military. Or, a way to have both a city house in nearby Jacksonville and a beach house for the
weekends. Whatever the reason the original variance was granted, there was a request made
and reasonable minds saw fit to grant that request without damaging the rights of others.
Now, some 55+ years later, a family seeks to return the very same dirt by the stroke of a
pen to 2 lots to further its value when sold, without damaging the rights of adjacent property
~. owners and with the added bonus of helping the CDB obtain what is still most beneficial to our
community all these years later-character, individuality and the right of a homeowner to own
completely the land upon which his home is situated. Townhomes and duplexes can negatively
impact areas designed and created for families. They are intrinsically perceived as "transitory
""' housing" whether true or not, in a neighborhood striving for stability. There are other parts of the
community better suited to rental or duplex housing. This location, with Atlantic Beach
Elementary School at one end of the block and the Atlantic Ocean a few steps further in the
other direction, will clearly not be impacted in a negative way by the granting of this subdivision
waiver.
8. The homes on either side of 343/345 Second Street will not be negatively
impacted. The newly remodeled home to the east of the property is on an oversized lot that has
an oversized 2 story home and garage building spanning nearly the width of the 125 foot lot.
The home to the west of 343/345 Second Street is also a duplex, that is to say 2 rental units on
a 75 foot lot. Police activity over the 43 years the owner has lived in her home is quite high at
that rental duplex with police call-outs for such things as drug trafficking, drunk and disorderly
conduct, nuisance animals, loud and late noise violations at often-held parties, and so forth.
For all these reasons, the owner seeks the subdivision waiver from the reasonable
minds now tending to the future needs of our community. We ask that the CDB grant the
~"" request for the subdivision waiver.
~• 2
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Doc # 2005197208, OR BK 12514 Page 690, 1 of 1 Filed 6 Recorded 05/27/2005 at
02:45 PM, JIM FULLER CLERK CIRCUIT COURT DWAL COUNTY RECORDING $10.00
This instrument was prepared by
and is to be returned to:
Arnold H Slott, Esquire
334 East Duval Street
Jacksonville, Florida 32202
SPECIAL WARRANTY DEED
THIS INDENTURE, Made this ~ day of ~~`~ ~~~ A.D. 2005, between
DAVID M. THOMAS and RUTH M. THOMAS, his wife, of Duv County, Florida, Grantors, and
RUTH M. THOMAS, as Trustee of the Thomas Family Trust dated t ~ ~- __, 2005,
whose post office address is 345 Second Street Atlantic Beach, FL 32233, Grantee,
WITNESSETH: That the Grantors, for and in consideration of the sum of Ten and no/100
Dollars ($10.00) to them in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, have granted, bargained and sold to the said Grantee, the following described land,
situate, lying and being in Duval County, Florida, to-wit:
West one-half of Lot 14, all of Lot 16, and the East one-half of Lot 18, less and
except South 10 feet of each lot), BLOCK 4, ATLANTIC BEACH, according to plat
thereof recorded in Plat Book 5, Page 69, and in Official Records Book 2350, Page
,~ 216, of the current public records of Duval County, Florida.
RE Number: 169785 0000
Subject to all covenants, restrictions, easements and encumbrances of record, if any, and without
intent to reimpose same, and subject to the lien for taxes and assessments levied and assessed
against the property subsequent to December 31, 2004.
Grantors have present possessory rights to said property. Notwithstanding this
conveyance of all Grantors' title to the aforesaid revocable trust, the property shall continue to be the
homestead of the Grantors.
And the said Grantors do hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantors have hereunto settheir hands and seals the day
and year first above written.
SIGNE D SEALED IN OUR ESENCE:
Sig t;ILL--Y~ / a'ti~b~-C L
Prin ~ '~
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Sigri: _~.cLk,eu,~-, if l~:d~-r~u~
Print: - ~~
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Sign: ,~,Cc,PCV~~v
Print: /r1.9 '6i ~ F /-~ F.iAR,!N
STATE OF FLORIDA )
~. COUNTY OF DUVAL )
D ID M. THOMAS
345 Second Street
Atlantic Beach, FL 32233
(I~
UTH M. THOMAS
345 Second Street
Atlantic Beach, Florida 32233
The foregoing instrument was acknowledged befor me this •~ ~~i day of '%r/ ~
2005, by David M. Thomas and Ruth M. Thomas, who are personally known to me or~_
who provided as 'd~nt~ca ~ n.
,tottvN.t ro5TEn No ary P 1' ,State of Florida
Notary Puhlic, Statn of flarl0a Stamp/Seal:
Myeomm.expirosOct.9,2005 My Commission Expires:
Conan. Ne. 0[! OS1937
AGENDA ITEM # 8A
MARCH 12, 2007
~, AGENDA ITEM # 8A
__. _ _ _ ...---- -- MARCH 12, 2007 •
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