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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 ~~, ~" $ .\ 111 Ioz ..317.........__ 349 a37 a3S _ ~~ ... ~ 119 37S 371 3AS 191 -.-16~~'~ tE~ ---_ _= ---~-_- ~ ~D 387 381114177. _ __ 66~ _~.--~pq ~~-=-;Tii=S; _ _ -1~, gpD~ 343 ysp6 SpA6 ____ _-~_~_' -~6a"~4~~ ~ 34e s49 -_ s4s = -~- -------_ - 8 ~ 128 a12 --~- - 118 S 2S ~~ ~ '" 372. __ ~.... ~. ~ ~' ~' ~ sea a s/1 g 3sa ~ ss2 '~~, ~ 392 $ Sea B m ,~ 8 sst a ~+ S ~ S ~ 4 37s s7/! . vr~ 3ss S _ ayo ao.~ ~ ~ ~ e '6 ~ u7 ~ Sas g set ~ e~ s57 ~ I $ ~ ~ ~ ~ ~ ~~s .. 3~ 31o s s24 ~ __ y s °~ sz7 +~ se1 ~y ~ sat 3T! s71 e ~ ~ ~ ~ ~~ ~ . ~ i6.6o __ _ _ m _ eaµ. ~ ~ a ~ $ _ w 18,66--i466-_ _= _'- -`l~- ,, 343 _ __.~_ -s=---~ moo - . 1,~_ __ __ -- - _ -~~6 i - X7194.. 332 322 '~~y 350 ', `~ a4o 172 Self tit, ~ _ ;set 3m --.. ,, ~'~, 275 _ __ _ ~.. - _ . ~~- ~ _--- -- __ _--- - -- 3u ss9 ~~ `~~ ~o ~ ana~ :n.n ~~ ~~ ~ 'P' tso w G bt C17YJ5Crt ofJ ~sonritla.Fl ~ arna c ~ 209 4~ ,11785 001 ' 4' ___-._. . se9 39s ~ ~ _.. __ sn y ,, ~, ~ a1 22.3 ~, - 4-__ ~, , ~ ._... , t~.oi6 _ . ~ a. _ -_ _~-~.- ~~` ,~-~-•~ --__ , __..~wp q~A __ ~ ~_ i ,I _ - ~ ~ ~ 33a 114 ~~1 i ~ 1u ~ ~ ~ 371 ~ 3~ 31g ~ ~ '~i.. ~i ~.; 11 - __. ~s .. -- -_~~ ~~ ~' - i --'- ~ ' X 337 151 345 4 #, SIS ~~ --- ~~ r 377'. 379 389 ~~ f -~ 349 ~ _ - - ~, i , ~ _.,.~ .._.. ,~~ ~'~ ~ 349 343 !; _ _. . -55.11 ~ -~-Iy1-6? i&i'-~~~loOJ - - ''.t ~ + _^ 7 __. ~- __,.- -- _ .. _ sow ~. ,--.._..,-.--~_ ..._ 56 oa,- __ ,ti _..__ -- _ __ _ _ __ - 1--_---_ I _ , - . ti~1~~__ ~~- g606" . i ,I, ;; 1 Se0 310 i` ~t~~ ~` y~ ~ a71 ~ ~ ~ ~ 3~ ~! '~~ ~rv 4 ~ ~~~ W ~~ ,_ __, ... {{{{ fl V. _,~ ..y I' 1 I'I~ _- = _.- ~ t~ ...~... ~ {. Sal _ ~ S69 .351 I~ 359 311 ~ ~~ ~~~,~ 59 ~ 374 ~~ ` ~~ ~ '~ a~ _----~ 1~ ` -- -__- s4r- _ httr~•Umar~c'~ rni nPt/nnti~nt/iaxMai~cP (,TTCMAP1495Fi~74(1~9757..nnu 2/22,/2~~7 AGENDA ITEM # 8A MARCH 12, 2007 ~~~ ~ a~ AGENDA ITEM # SA MARCH 12, 2007 ~; rL`J~j~'~, %~ 'l. ~) J ''~~Jiil~`` 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 au 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 ~ '~ t~ Sigri: _~.cLk,eu,~-, if l~:d~-r~u~ Print: - ~~ , ~ ',) ' ~ ~ !~ ~. _ Si ~ .t1`r. -s- . Lt.L• .c. C. 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 • j- ~_ .. ~ `~~~ Y i - ,~, j i~~ ~'! ~ fa0 N/,4 5 :'i ` ,~ ; w ; ~/ T ~` :e" .t'~~ ~ t, f~f !~.~d' . ~ :'C. iti ~',riY,!i.~/\/.- ;/J C' iii"C~. c?iJ.: :'/; - (.' O.'•.~;'f ,..i'/. :~,; ..J,f ~/, 9l//7LY/~i~L" .i:c7J'~.j` i9rr~~. I ; :'.i/,~" :7i ~' /? ./i7 ~ ~':,c/C ~'` ry ~ „J/,'.~ %t: a'~ ~ / .?` .~ i ."''c.•"_ /'.J ~ ~' Z J t L/!'F"~.'7 c/c7 / iT~~`C'/^/'. Of /~'Y';,~, vwi/l, c,, 'D/"C9.r N,Kc. 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