Variance Refund 11-100048 2011 CHECK REQUEST
07/11/11
VENDOR NO. a -- .
PAYEE Ofer' Kooba
ADDRESS 675 Atlantic Boulevard
CITY Atlantic Beach
STATE Florida
ZIP CODE 32233
ACCOUNT DESCRIPTION ACCOUNT NUMBER PROJECT NO. AMOUNT
Variance Request 00100003291001 11- 100048 $150.00
Subtotal from Page 2
TOTAL $150.00
DESCRIPTION OF ITEM OR SERVICE:
Refund for variance request processed in error
SPECIAL INSTRUCTIONS:
To expedite processing, please attach adequate documentation to support payment.
ADDITIONAL APPROVALS ONLY REQUIRED
WHEN CHECK REQUEST IS OVER $500
-)1/
D. White 7 -11 -11
REQUESTED BY / DATE DEPT HEAD / DATE FINANCE DIR / DATE CITY MGR / DATE
Effective: 5/10/04
Revised: 5/19/04
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J APPLICATION FORA 9y 2 4 2��� i
VARIANCE
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445
Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http: / /www.coab.us
Date Lo 1 ILI Iii
File No.
1. Applicant's Name r e . c • a `S. - 1 t A‘ - ` ,, r - . --
2. Applicant's Address U Air `Q Vt 'r. , ` � \��
3. Property Location (p 6 -- \Q\A - VC 'Z�v‘
4. Property Appraiser's Real Estate Number ` -40 (05 9 — OO t 3
5. Current Zoning Classification A C, (- 6. Comprehensive Plan Future Land se designation
7. Provision from which Variance is requested C-c`t �yl c: C__ G , S :
�'ajV l CJS ytrQo.c.�
8. Size of Parcel _ •
9. Homeowner's or Architectural Review Committee approval required for the proposed construction.
EYes No (If yes, this must be submitted with any application for a Building Permit.)
10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24 -64 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.
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 for which Variance is sought.
c. Required number of copies: Four (4), except where original plans, photographs or documents larger
than 11x17 inches are submitted. Please provide eight (8) copies of any such documents.
d. Application Fee ($150.00)
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)? , :le " S `-- t -- ) c > ' c C- .
Signature(s): ''
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING MIS APPLICA ION
Name: 0\42 V__.,c:„
Mailing Address: (0 A� ■Ov A c . -- \�C..., \®Vc .5ece -, VI-- X 3 . 3
Phone: 3 i 4 -SS--+ 1 FAX: Dttr0- aaab E -mail: s\i1cceA% J1R0�"Q
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Instructions to apply for a Variance
Variance requests are considered and acted upon during public hearings before the Community
Development Board at their regular monthly meetings, which are held the third Tuesday of each 1
month, unless otherwise scheduled. Meetings are held at City Hall in the City Commission
Chambers at 6:00 pm. The deadline for filing a Variance application, in order to be heard at the
monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted
to the Planning and Zoning Department located at City Hall.
In order for a Variance application to be scheduled for public hearing, the application must be
complete. All required information must be provided, and the required fee must be paid. (Variance
fees are not refundable in the event that the Variance request is denied.) Once the required fee and a
complete application are submitted, the request will be scheduled for the next available public
hearing. An advertised notice of the hearing will be published in the newspaper, and an orange
zoning sign will be placed upon the property to notify neighboring residents that a Variance request
will be considered.
Before filing an application for a Variance, it may be useful to read and
understand the following definition and requirements from the City's Land
Development Regulations related to Variances. A Variance may be approved by
the Community Development Board only when consistent with these provisions.
Section 24 -17. Definition of a Variance.
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 -64 of this Chapter, and such relief may be
subject to conditions as set forth by the City of Atlantic Beach.
Sec. 24 -64. Variances.
A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained
from the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum
Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as '
established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any
Use terms of a property.
(a) Application. A request for a Variance shall be submitted on an application form as provided by the City
and shall contain each of the following.
(1) a complete legal description of the property for which the Variance is requested.
(2) a reasonable statement describing the reasons for the Variance.
(3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other
significant features existing on the Lot.
(4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by
the Owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development
Director shall within a reasonable period of time schedule the application for a public hearing before the
Community Development Board following required public notice. At the public hearing, the applicant
may appear in person or may be represented by an authorized agent.
(c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board,
in its discretion, determines that the granting of the requested Variance shall have a materially adverse
impact upon one or more of the following.
(1) light and air to adjacent properties.
(2) congestion of Streets.
(3) public safety, including risk of fire, flood, crime or other threats to public safety.
(4) established property values.
(5) the aesthetic environment of the community.
(6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife
habitat, Protected Trees, or other significant environmental resources.
(7) the general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situations created by the property owner.
The following paragraph sets forth reasons for which a Variance may be approved.
Please check the circumstances that apply to your request and briefly describe in the
space provided. Please be advised that the Community Development Board can
grant a Variance only when at least one of the following conditions are present.
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community
Development Board, for the following reasons.
Xf
(1) Exceptional topographic conditions of or near the property. ;i :.. J€ - i
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(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties. C \ C Ajk d� »�., -ko,v..k ?\\L A „, €
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4 (3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area. - _ -• _ l • , A.
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❑ (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 size of a Lot of Record warranting a Variance in order to provide for the reasonable
Use of the property.
(e) 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 of this Section and that
the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter.
(f) 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.
(g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall
not be grounds for approval of a Variance.
(h) 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.
(i) 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.
(j) 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.
1 Additional comments: ar c._ P-� -ca �, -,� L-€44ty\..
Ofer Kooba
675 Atlantic Blvd.
Atlantic Beach, Fl 32233
John Fletcher
City Commissioner
Atlantic Beach
April 12, 2011
Dear John,
It was recently brought to my attention a possible change in the commercial
signage code for Atlantic Beach. This brings about many questions and concerns regarding
its legality, potential hardships and possible safety concerns. As the property owner of 675
Atlantic Boulevard, I wish to voice my concerns pertaining to the property for which I own.
The property at 675 Atlantic Boulevard poses challenges that may not exist to neighboring
properties like driver visual concerns. A monument style sign placed on the ground at this
location, will not only require the removal of a number of parking spaces causing a
detrimental devaluation in property value, but most certainly bring about several safety
concerns. Drivers wishing to back out on to Atlantic Boulevard will definitely find it hard to do
so with a sign blocking their view. In addition, this portion of Atlantic Boulevard is frequently
traveled with persons walking and riding their bikes, posing a real safety concern again with a
drivers blocked vision.
A sign that is permitted and legally constructed, then is forced to be removed, raises a
real legal challenge. 1 wish to bring a comparison to the matter regarding code changes that
did not affect previously permitted structures. In comparison, the city did not ask
homeowners, with current homes over the height of 35 feet to remove a portion of their home
to comply with the newly regulated city height restriction codes. Therefore, their structure was
"grandfathered." I do understand the desire of the city to add to the beautification of our
commercial district, but in all essence, the signage code only affects the north side of Atlantic
Blvd belonging to Atlantic Beach and not the south side of Atlantic Blvd belonging to Neptune
Beach, and of course, large portions of Mayport Road, fall in the Jacksonville zoning district,
those properties will not be forced to comply with Atlantic Beach city codes. This begs to
reason the need for such "partial improvements."
I would like to seek your assistance in finding the necessary steps to apply for a
variance specific to the property located at 675 Atlantic Blvd., please let me know what I need
to do to start the process.
Respectfully,
Ofer Kooba
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