Item 6AAGENDA ITEM # 6A
SEPTEMBER 24, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request from Alice Gartland to reduce a 50-foot platted Building Restriction
Line to 30-feet on the front side of Block 8, which contains two lots, within
Unit 3 of the Selva Marina subdivision for the purpose of constructing a
garage addition to the existing residence at 1140 Seminole Road.
SUBMITTED BY: Sonya Doerr, AICP ~~
Community Development Director
DATE: September 14, 2007
BACKGROUND: Mrs. Gartland wishes to build a garage addition to the front of her existing residence to
use as a studio. The proposed addition would maintain a front yard setback in excess of 30-feet. The subdivision
plat for Unit 3 within the Selva Marina subdivision was recorded in 1959. This unit contains only ten lots with
eight lots in Block 7 and two lots in Block 8. These are very large lots that backup to the Selva lagoon, and for
unknown reasons they contain very deep Building Restriction Lines (BRL) on both the front and rear sides of the
lots. The two lots in Block 8 contain a 50-foot front BRL and a 135-foot rear BRL. By comparison, the Zoning
District regulations require only a 20-foot setback for both the front and rear of lots. Section 24-17 requires that
the City enforce platted Building Restriction Lines.
Building Restriction Line .....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 the City shall be enforceable by the Cites
All 12 Units of the Selva Marina subdivision have platted BRLs, although these are more typically 30-foot to 40-
foot front BRLs with no rear BRLs. Mrs. Gartland has asked to reduce the 50-foot front BRL to 30-feet, and the
neighboring property owners also support this request.
A Zoning Variance cannot be used to modify a platted Building Restriction Line on an individual lot. This is
done through the subdivision re-plat process; however, this would seem to be an excessive procedure for two lots.
Staff has consulted with legal counsel having expertise in the area of plat and easement law regarding an
appropriate procedure. Section 24-192 provides for the "vacation" of portions of plats upon approval by
resolution of the City Commission. Staff has been advised that this is an appropriate procedure to reduce or
remove a Platted Building Restriction Line provided that all property owners within the area to be changed are
advised. In this case only two lots in Block 8 are involved, and both property owners concur with this change. A
BRL of 30-feet would be consistent with the Selva Marina subdivision and would still well exceed the standard
residential zoning setback of 20-feet.
BUDGET: No budget issues.
RECOMMENDATION: Approval of Resolution 07-07 reducing the 50-foot front Building
Restriction Line to 30-feet for Block 8 within Unit 3 on the Selva Marina subdivision as previously
recorded in Plat Book 29, Page 27.
ATTACHMENTS: Resolution 07-07, letter from property owner with copy signed by adjacent
property owner and maps.
REVIEWED BY CITY MANAGER:
September 24, 2007 regular meeting
AGENDA ITEM # 6A
SEPTEMBER 24, 2007
RESOLUTION N0.07-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
AUTHORIZING REDUCTION OF THE 50-FOOT FRONT
BUILDING RESTRICTION LINE TO 30-FEET FOR BLOCK 8
WITHIN UNIT 3 OF THE SELVA MARINA SUBDIVISION AS
PREVIOUSLY RECORDED IN PLAT BOOK 29, PAGE 27 AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 07, 2007 the property owners of Lot 1 and Lot 2, which
comprise all of Block 8 within Unit 3 of the Selva Marina subdivision requested that the
platted fifty (50) foot Building Restriction Line on the front (east side) of these lots be
reduced to thirty (30) feet; and
WHEREAS, such reduction to the platted Building Restriction Line would continue
to be consistent with other units within the Selva Marina subdivision, which contain lesser
Building Restriction Lines; and
WHEREAS, a thirty (30) foot Building Restriction Line exceeds the twenty (20) foot
standard residential front yard setback, and as such, is consistent with the Zoning,
Subdivision and Land Development Regulations.
NOW THEREFORE, be it resolved by the City Commission for the City of Atlantic
Beach as follows:
SECTION 1. The fifty (50) foot Building Restriction Line on the front (east side) of
Lot 1 and Lot 2, Block 8 within Unit 3 of the Selva Marina subdivision as previously
recorded within Plat Book 29, Page 7 on January 13, 1959 shall be reduced to thirty (30) feet
SECTION 2. This Resolution shall take effect immediately upon adoption, and said
plat shall be so amended and recorded with the Duval County Clerk of Courts in accordance
with established procedures for the recording of plats.
PASSED AND ADOPTED by the City Commission for the City of Atlantic Beach, this
24th day of September 2007.
DONALD M. WOLFSON
Mayor/Presiding Officer
Approved as to form and correctness: Attest:
ALAN C. JENSEN, ESQUIRE DONNA L. BUSSEY, CMC
City Attorney City Clerk
AGENDA ITEM # 6A
SEPTEMBER 24, 2007
September 7, 2007
Ms. Sonya B. Doerr, AICP
Director, Community Development
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233-5445
Ms. Doerr:
I request that the City of Atlantic Beach approve
reduction of the building restriction line on Block 8 of
previously recorded subdivision plat book 29 page 27 of
Selva Marina Unit 3 from 50 to 30 feet so I can construct a
garage on the north side of my home at 1140 Seminole Road.
I understand that approval of my request will make the
building restriction line on my property consistent with the
majority of the building restriction lines in Selva Marina.
I would greatly appreciate you expediting consideration
of my request by the City Commission at their meeting on
September 10. We will provide our next door neighbor's
concurrence with my request separately. Please call me or my
son, Kevin, at 249-5628 or 614-7480, respectively, if you
have any questions or need additional information.
Sincerely, ~
,~'
~;r1
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Alice J. Gartland
AGENDA ITEM # 6A
SEPTEMBER 24, 200'7
September 7, 2007
Ms. Sonya B. Doerr, AICP
Director, Community Development
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233-5445
Ms. Doerr:
I request that the City of Atlantic Beach approve
reduction of the building restriction line on Block 8 of
previously recorded subdivision plat book 29 page 27 of
Selva Marina Unit 3 from 50 to 30 feet so I can construct a
garage on the north side of my home at 1140 Seminole Road.
I understand that approval of my request will make the
building restriction line on my property consistent with
the majority of the building restriction lines in Selva
Marina.
I would greatly appreciate you expediting consideration
of my request by the City Commission at their meeting on
September 10. We will provide our next door neighbor's
concurrence with my request separately. Please call me or
my son, Kevin, at 249-5628 or 614-7480, respectively, if
you have any questions or need additional information. ~O
Sincerely, ~F
Alice J. Gartland
I concur with the reduction of the building restriction
line on Block 8 of Selva Marina Unit 3.
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