53-Draft Report of S. Lindorff (00651552xBA9D6)
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CITY OF ATLANTIC BEACH, FLORIDA
AN INDEPENDENT REVIEW OF THE APPLICATION FOR DEVELOPMENT APPROVAL TO CON-
STRUCT AN AUTOMOBILE SERVICE STATION AND CONVENIENCE FOOD STORE ON PROPERTIES
AT 501, 535, AND 541 ATLANTIC BOULEVARD
The City of Atlantic Beach (COAB) has engaged the services of the Community Redevelopment & Plan-
ning Consultants LLC firm to conduct an independent review of various documents and provide a profes-
sional opinion as their relevance and application to the request for development approval submitted by
the Gate Petroleum Company (Gate). The application proposes to demolish an existing strip commercial
center, including the associated parking lot; and construct a 14-pump automobile service station and
6,400 sq. ft. retail convenience food store. The site assembled by Gate includes an existing restaurant
that is under a lease to Atlantic Beach Diner, Inc. (Beach Diner).
Community Redevelopment & Planning Consultants LLC Is an Atlantic Beach-based limited liability cor-
poration. The firm is lead by the undersigned, Steven G. Lindorff, FAICP, who has over forty-three years
of experience writing, administering, and enforcing land development regulations on the local govern-
ment level in Georgia and Florida. A summary of Mr. Lindorff’s education and experience 1 is attached as
Appendix 1.
At the risk of over-simplifying the complex set of development standards applicable to the Gate pro-
posed development, this assignment can be summarized by addressing the following questions:
1. Can the proposed automobile service station and convenience store be constructed
under the provisions of the CG: Commercial General zoning district standards set
forth in the Atlantic Beach Land Development Code (LDC)?
2. Is the Beach Diner entitled to any off-street parking spaces in excess of the number
required by the LDC with the LDC?
a. Is the existing lease between Gate and Atlantic Beach Diner a factor to be con-
sidered in determining the number of off-street spaces required to be dedicated
to the Beach Diner?
b. Does the Atlantic Beach Diner possess a vested right to an identifiable number
of off-street parking spaces as a result of prior regulatory actions by the City of
Atlantic Beach?
3. What authority does the City of Atlantic Beach have to limit the number of points of
access to the development site?
11 DISCLAIMER: The administration and enforcement of land use regulations involves the application of various
laws affecting the development of property and construction of buildings. It should be noted that while Mr.
Lindorff has significant experience in this area, he is not an attorney.
00651552-1 Page 2
4. How do the provisions of Section 3-2(b) Hours of Sale of alcoholic beverages apply
to the proposed retail food and automobile service development?
5. In general, what are the formal and informal practices that are generally employed
when local government officials are administering and enforcing the land develop-
ment laws and policies established by the governing body?
LAND USE
The subject property (501, 535, and 541 Atlantic Boulevard) is zoned Commercial General (CG), and is
subject to the provisions of Section 24-111 of the Atlantic Beach LDC. Section 24-111 lists following
permitted uses that apply to the property:
Section 24-111(1) – Retail outlets for the sale of food and drugs, wearing apparel, toys,
books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting
goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not
wholesale bakery), home furnishings and appliances, office equipment and furniture,
hardware, lumber and building materials, auto, boat and marine related parts, and simi-
lar retail uses. [NOTE: Modern “retail food outlets” of all types and sizes from conven-
ience stores to super markets customarily sell items that may be construed to fall under
the kinds of businesses listed.]
Section 24-111(7) – Retail sale of beer and wine only for off-premises consumption,
Section 24-111(9) – Automobile service station with minor automotive repair and with
accessory car wash. (Note: Heavy automotive repair not permitted per Ordinance
[Number] 90-06-197, adopted 12-11-06).
Section 24-111(11) – Mixed use projects combining the above uses and those approved
as a use-by-exception pursuant to subsection (c) below.
Section 24-111(15) governing the Commercial General (CG) provides that “[t]hose uses listed as permit-
ted uses and uses-by-exception in the commercial limited and commercial, professional and office zon-
ing districts” are also permitted. “Convenience food stores with the retail sale of gasoline limited to six
fueling positions” is listed among the uses-by-exception in a Commercial Limited (CL) district. This limit-
ing provision does not apply to the proposed project, however, because food stores are permitted by
right regardless of type or size, and an automobile service station is permitted by right subject only that
limit listed in the note for Section 24-111(9) above.
Because of its location on Atlantic Boulevard, the development of the property is also subject to the
standards set forth in LDC Section 24-165 - Service Stations and Section 24-171 - Commercial Corridor
Development. Section 24-165 provides supplemental requirements relative to access to a service station
site, pump location, and lighting. Section 24-171 contains supplemental site and building design stand-
ards applicable to Atlantic Boulevard development projects. Neither of these sections have any provi-
sions that could be construed to limit the size of the site or the number of pumps nor fueling stations.
Pursuant to the Duval County Property Appraiser’s records, the site consists of three separate parcels
that were purchased by Gate Petroleum in October, 2014.
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501 Atlantic Boulevard is a 7,500 sq. ft. outparcel containing a restaurant (Beach Diner) with 2,807 sq.
ft. of conditioned floor area and a 761 sq. ft. covered, open air patio. The restaurant building was origi-
nally constructed in 1960. In addition to the restaurant building, the site survey shows a total of seven
(7) marked paved parking spaces on the outparcel that are accessed via a driveway from Atlantic Boule-
vard that is not part of the parcel described in the Property Appraiser records. This structure is proposed
to remain as part of the redevelopment of the larger parcel.
535 Atlantic Boulevard has 52,500 sq. ft. of land area. It contains as a 20,691 sq. ft. (conditioned area)
multi-tenant, commercial building that was constructed in 1983. It has a 54-space asphalt parking lot in
front adjacent to Atlantic Boulevard and an additional 13 spaces on the rear adjacent to Sturdivant Ave-
nue. This structure is slated to be demolished as part of the redevelopment of the larger parcel.
541 Atlantic Boulevard is 20,000 sq. ft. vacant parcel.
All three (3) parcels are zoned Commercial General (CG).
Section 24-111 – Commercial (CG)
Section 24-111 – Commercial (CG) includes a wide range of permitted uses and another set of uses that
may be allowed upon approval as “Uses by Exception”. As noted, Sections 24-111(b)(1) and 24-111(b)(9)
lists the primary proposed uses of a retail food store 2 and an automobile service station3 respectively as
permitted uses in a CG zone.
Section 24-111(b)(15) will allow the continued operation of the existing restaurant on its outparcel as a
legal, nonconforming use, based on it being a listed permitted use in a Commercial Limited (CL) zone. In
1997, the leaseholder of the Atlantic Beach Diner applied for and received zoning variances to allow
construction of additional conditioned space and an exterior covered area labeled as an “outdoor café.”
The outdoor space was constructed at some point with an awning cover, but is only used as a waiting
area. There are no tables or seating where dining service is provided. In 2002, after the awning was
damaged by a storm, the City required approval of a variance to build a permanent roof because it en-
croached into the required front and corner side yard setbacks from Atlantic Boulevard and Sylvan
Drive. At the public hearing on the 1997 variance request, city staff pointed out that the restaurant was
nonconforming and did not meet the code standards for seating, parking, and landscaping, but the vari-
ance was approved subject only to the applicant getting the property owners signature on his applica-
tion.
Section 24-111(b)(17) provides for mixed use developments consisting of two or more permitted or
permissible land uses. Therefore, the determination by the City that the redevelopment of the project
site for a retail food store and automobile service station and retention of the restaurant as a legal,
but nonconforming establishment are permitted in the CG zone is proper.
It should be noted that Section 24-111(b) Permitted Uses includes the following language:
2 The term “food store” or “convenience food store” is not defined in Section 24-17. Terms used in the Atlantic
Beach LDC, but not defined within this Section 34-17 shall have their common meaning.
3 Definition of Service station, automotive shall mean any building, structure or land used for the dispensing, sale
or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed
minor automotive service, but not heavy automotive repair (Section 24-17). The definition is not limiting with re-
spect to the size of the facility or the number of fueling stations.
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“… Such [permitted] uses shall not include manufacturing, warehousing, storage or high
intensity commercial activities, or commercial uses of a regional nature, or such uses
that have the potential for negative impacts to surrounding neighborhoods and proper-
ties due to excessive traffic, noise, light or extremely late hours of operation or other
factors that may adversely affect existing commercial uses or any nearby residential us-
es.”
This particular clause is overly broad and highly subject to differing interpretations. It would be extreme-
ly difficult for the City to prohibit the proposed development of a service station and convenience food
store at this location, especially in light that other similar land uses have been built and are operating at
other locations within the City, and if the specific performance standards for service stations and pro-
jects in the Atlantic Boulevard are fully enforced.
Section 24-165 - Service Stations
The proposed project meets the requirements of Section 24-165(a) regarding the special design stand-
ards for service stations.
The proposed project meets the requirements regarding access to a service station site set forth in Sec-
tion 24-165(b)(2) (driveway width) and Section 24-165 (b)(3) (driveway separation). Section 24-165(b)(1)
is somewhat vague in that it only addresses the lot width that is required for the first two curb cuts
(100’), but does not specify how parcels that have more than 100” of frontage are to be treated. The
intent of this provision was probably intended to allow additional curb cuts to and from larger sites to
prevent excessive queuing of vehicles into the public road. Even though the project site has more than
100’ of frontage on all of the abutting roadways, the applicant is not proposing more than two curb cuts
onto any abutting roadway.
None of the proposed pumps are located within 15’ of any residentially zoned property or within 20’ of
any right of way line (Section 24-165(c)).
City staff has taken the extra step of requesting a lighting survey of the proposed site to provide baseline
data to ensure compliance with Section 24-165(d) which establishes performance standards for the
lighting of the property.
Sec. 24-171 - Commercial Corridor Development Standards
As stated in Section 24-171(a), “[t]he intent of these additional [commercial corridor development] re-
quirements is to: Enhance the aesthetic and physical appearance of these gateways into the city; en-
hance and retain property values; promote appropriate redevelopment of blighted areas; and to create
an environment that is visually appealing and safe for pedestrians bicycles and vehicular traffic.
This section of the LDC establishes supplemental requirements for building sites in the Atlantic Boule-
vard and Mayport Road commercial corridors. The additional standards relate to building form and fin-
ish materials, signs, lighting, and fences; all of which are more appropriately applied at the building
permit stage of development. The additional landscaping and required buffers part of section 24-171 are
particularly stringent relative to the base landscaping requirements in the LDC, and staff will need to pay
particular attention in reviewing the landscape plan for the proposed project to ensure full compliance.
OFF-STREET PARKING
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The minimum requirement for off-street parking spaces for the automobile service station and a con-
venience food store under Section 24-161 of the LDC is clear.
Section 24-161(h)(3) states that business, commercial, retail, or service uses not otherwise specified
shall provide one (1) space for each four hundred (400) square feet of gross floor area. Section 24-161(h)
does not set out a separate off-street parking requirement for an automobile service station. In some
jurisdictions, the space adjacent to a gasoline pump is interpreted to be a parking space on the basis
that the user of that space is free to avail themselves of any of the other permitted or permissible uses
on the development site. However, that does not appear to be the case under the Atlantic Beach LDC.
The site plan for the proposed redevelopment of the shopping center property and vacant parcel to the
west shows a 6,400 sq. ft. retail convenience food store and automobile service station. A total of 16
parking spaces are designated as meeting the one (1) space per 400 sq. ft. of floor area requirement.
The site plan indicates that the leased restaurant on the outparcel, located at the southeast corner of
the property, has a total of 76 seats thus requiring 19 off-street spaces. The survey of the existing site
shows a total of six spaces entirely on the outparcel plus three other spaces that are partially in the right
of way of Atlantic Boulevard. The six spaces on the outparcel do not have their own driveway access, but
are instead accessed via a driveway aisle on the adjacent shopping center property. From a zoning
standpoint, the restaurant is nonconforming as to the current off-street parking. [NOTE: The restaurant
may also be nonconforming with respect to the setbacks on Atlantic Boulevard (8.2’) and Sylvan Drive
(0.5”.]
The proposed site plan purports to bring the off-street parking for the restaurant into conformance with
the current Atlantic Beach LDC requirements by retaining and restriping the spaces on the outparcel (8
spaces) and designating another ten spaces for use by the restaurant on the parcels that are proposed
to be redeveloped for the Gate store. If the City is not able to “grandfather” the two spaces in front of
the restaurant, the applicant will need to add another designated parking space for the restaurant if it
their intent to meet the current code requirement.
Restaurant and Outparcel Lease
In the course administering and enforcing the Land Development Code, the City of Atlantic Beach’s duty
is to ensure full compliance with its provisions. In the case of the proposed redevelopment of this prop-
erty, there have been concerns expressed that (a) the lease agreement for the restaurant outparcel and
building may trump the LDC’s minimum off-street parking requirements or (b) that the lessee of the
outparcel and building has a “vested right” to the parking spaces on the adjacent shopping center prop-
erty. These issues are discussed separately below.
The Lessee, Barry Adeeb d/b/a Atlantic Beach Diner, with Lessors John L. Green and William W. Nicol on
June 1, 1997. The lease has been assigned through a succession of Lessors over the years, and is now
held by the Gate Petroleum Company by way of a special warranty deed from the previous owner,
LSREF2 CHALK REO, LLC, dated October 30, 2014. A number of active leases between the previous prop-
erty owner and tenants in the shopping center were also assigned with the transfer of the property to
Gate. The lease describes the property only as ±1,900 sq. ft. at 501 Atlantic Boulevard (the “demised
premises”). It is a fifteen-year agreement (expiring May 31, 2002), but it provides the Lessee with the
option upon written notice, of renewing the lease for five, five-year terms beyond the initial twenty-year
term (May 31, 2027).
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The City of Atlantic Beach is not a party to the lease. It is simply an agreement between two private par-
ties (Barry Adeeb d/b/a Atlantic Beach Diner and, by assignment, Gate Petroleum). As such, the City is
under no obligation to enforce any of its provisions.
As a practical matter, the City should take note if and how the lease addresses the issue of off-street
parking between the owner of the property and the tenant occupying demised premises. By so noting,
the City can determine if there are potential private encumbrances that could impact the City’s ability to
properly apply its LDC to the proposed redevelopment of the property. An example of such a provision is
Section 28. Use of the lease which restricts the use of the demised premises to be a diner and specifical-
ly prohibits it from being used for the retail trade of merchandise customarily sold at leased stores on
the property or in a convenience store.
The lease has references to “parking” in two places. The first is Section 19 Casualty Damage, which pre-
cludes adjustment of the rental rate in the event that parking space is condemned.
The second mention is in Section 21 Taxes, where it is stated that the Lessee must pay $0.15 per square
foot per month for each square foot of area of the premises to cover the costs of “routine maintenance
of the parking lot and surrounding walkways”. The Complaint for Declaratory Judgment filed by Gate
states that Atlantic Beach Diner has been paying $285.00 per month. This amount is apparently based
on the original 1,900 sf. ft size of the restaurant building on the demised premises and not on the 7,500
sq. ft. area of the outparcel. It also appears that the amount was not adjusted when the size of the res-
taurant was increased to its present size.
It is not for the City to determine what was intended by the phrase “routine maintenance of the parking
lot and surrounding walkways” in Section 21 - Taxes. However, in its context, it is impossible to deter-
mine precisely what parking lot or walkways it references or what maintenance items are included. The
plain language of the Section 21 does not provide a clear right to use any of the parking spaces other
than those contained within the 501 Atlantic Boulevard outparcel. While it may not have than the cus-
tom in 1997 when this lease went in effect, today where there is desire on the part of the parties to
share a common parking lot, there is typically a specific clause or a separate shared use agreement that
spells out the rights and responsibilities of the parties.
Vested Right
One common definition describes the doctrine of vested rights as a protection for property owners and
developers from changes in zoning when they have received a valid building permit and have completed
substantial construction and made substantial expenditures in reliance on the permit. This doctrine al-
lows the owner or developer to proceed in accordance with the prior zoning provision as they have
vested rights to a validly issued permit.4
In December, the City’s Building and Zoning Director received a letter (dated December 18, 2015) from
Attorney Paul Eakin writing on behalf of the Atlantic Beach Diner. The letter says, among other things,
that the business is entitled to 61 parking spaces based on one space for each two seats for the 122
seats (94 indoor and 28 outdoor based on the LDC in 1997, and, therefore, is not subject to the revised
2002 off-street parking of one space for each four seats. However, there are no public records that
would indicate that the leased property ever conformed to the City standards, or that the Lessee ever
possessed a documented right to parking spaces on the adjacent shopping center property. The appli-
4 Internet, USLegal.com, Doctrine of Vested Rights Law and Legal Definition.
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cant’s offer to provide Atlantic Beach Diner with 19 off-street parking spaces will mark the first time that
such written documentation will be a matter of public record.
REGULATION OF CURB CUTS
The LDC regulations on curb cuts to provide access to an automobile service station are spelled in Sec-
tion 24-165. The code provisions are as follows:
Sec. 24-165. - Service stations.
The following provisions shall apply to the location, design, construction, operation and
maintenance of service stations:
(b) Access to site. Vehicular entrances or exits for service stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred
(100) feet of street frontage or fraction thereof.
(2) Contain an access width along the curb line of the Street of not more than forty
(40) feet as measured parallel to the street at its narrowest point, and not be lo-
cated closer than one hundred (100) feet from a street intersection along any
arterial or collector street and/or closer than fifty (50) feet from a street inter-
section on a local street or closer than ten (10) feet from adjoining property;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at
both the right-of-way line and the curb or edge of the pavement along a single
street.
As noted in the discussion of this section on page 3 of this report, the wording in Section 24-165(b)(1)
may be subject to differing interpretations. However, since the applicant is not proposing more than two
curb cuts on any of the three abutting streets, the proposed development complies with this provision.
The revised site plan (received on/about January 14, 2016) shows an adjustment of the western curb cut
so that is more than 10 feet away from the adjacent property line. All other provisions of section 24-165
have been met.
The applicant has reduced the number of curb cuts from nine existing to five proposed. The number on
Sturdivant Avenue is reduced from five to two, and the existing parking spaces in the rear of the shop-
ping center are eliminated. Because the number, size, and spacing of the proposed curb cuts conforms
to the LDC provisions, any further adjustments can only be attained through discussions between the
City and applicant.
REGULATING THE SALE OF ALCOHOLIC BEVERAGES
As part of the assignment, CR&P LLC was asked to review the provisions of Chapter 3 Alcoholic Beverag-
es, and specifically the application of Section 3-2 Hours of Sale to an establishment that intends to re-
main open 24 hours a day.
Section 3-2(a) states:
Sec. 3-2. - Hours of sale.
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(a) It shall be unlawful for any licensee to sell, offer for sale, serve, give away, dis-
pense or dispose of alcoholic beverages, or permit the same to be consumed upon any
licensed premises between the hours of 2:00 a.m. and 7:00 a.m. all days of the week.
The sale of beer and wine for consumption off of the licensed prem ises, i.e., package sales, is a custom-
ary part of the business at food stores of all types, including convenience food stores in combination with
an automobile service station. This appears to the case historically in the City of Atlantic Beach where all
of such establishments include beer and wine sales (Section 3-4(a)(1)). Typically, these businesses are
licensed by the State of Florida under the Category 2-APS (Beer and Wine for sale in sealed containers
and for consumption off premises only).
Section 3-2(a) prohibits a licensed establishment from selling alcoholic beverages between 2:00 a.m. and
7:00 a.m. This code section clearly prohibits the sale of any kind of alcoholic beverage by any type of es-
tablishment for either on-premises or off-premises consumption, including the proposed
Section 3-2(b) is less clear as to its application to the proposed redevelopment of the property for a retail
convenience store and automobile service station. The specific wording of Section 3-2(b) is as follows:
Sec. 3-2. - Hours of sale.
(b) The licensed premises where any alcoholic beverages are kept, except for res-
taurants, grocery stores and markets where the primary business is the sale or serving of
food, shall be closed for business between the hours of 2:00 a.m. and 7:00 a.m. all days
of the week. No person shall be permitted on the premises of such business during such
hours, except to clean up the premises, to perform necessary functions for closing the es-
tablishment, or to perform necessary maintenance.
This clause purports to exclude the “licensed premises where any alcoholic beverages are kept” in “res-
taurants, grocery stores and markets” from the provisions of this chapter from the requirement to phys-
ically closing between 2:00 a.m. and 7:00 a.m. In this context, it seems that the exclusion for “markets”
is intended to apply to a “food market”, and not any other type of retail market.
In Section 3-1 of the Alcoholic Beverages chapter of the City code, the “licensed premises” is defined as
“not only rooms or portions of a building where alcoholic beverages are stored or sold by the licensee,
but also all other portions of the premises, which are closely connected so as to admit free passage from
any bar or drinking room to any other portion of the premises over which the licensee has some domin-
ion or control.”
“Not only, … but also” is a correlative conjunction; the two parts of which need to be parallel. In other
words, it is a means of combining two sentences that describe the same thing. When using a correlative
conjunction, both clauses have to be parallel. That means you have to use them before two nouns, two
adjectives, two verbs etc. Reading the separate parts in parallel yields the following:
“Licensed premises” is defined as rooms or portions of a building where alcoholic bever-
ages are stored or sold by the licensee.
Licensed premises” is [also] defined as all other portions of the premises, which are
closely connected so as to admit free passage from any bar or drinking room to any oth-
er portion of the premises over which the licensee has some dominion or control.
Grammatically, both parts of this “not only, … but also” code provision apply equally to this and any oth-
er alcoholic beverage licensee if the primary business is not the sale or serving of food in Atlantic Beach.
There is nothing in the record that appears to qualify the proposed use from complying with the hours
of sale provisions of Section 3-2.
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LOCAL GOVERNMENT DEVELOPMENT REGULATION
The regulation of municipal land development codes can be separated into an administrative process
and an enforcement function. The enforcement part is a fairly straightforward activity, although more
and more today, local government officials and staff are being held to increasingly higher standards re-
garding the procedures that are employed. Developing a complete and accurate record of the proceed-
ings and ensuring procedure due process are two areas that are being closely scrutinized.
On the other hand, the administration of a city’s land development regulations is essentially a “customer
service” activity. Staff members are called upon to share their knowledge and expertise in zoning and
the development of land on a daily basis. In addition to the knowledge gained through their training and
experience, the principal attributes needed to efficiently and effective carry out this ministerial function
are fairness and consistency. In other words, they are bound to respond to everyone – land owners,
tenants, residents and non-residents, developers, etc., etc. – equally and give everyone the same an-
swer.
By ordinance, the Atlantic Beach Community Development Director is designated with the duty to ad-
minister the LDC on behalf of the City Commission and in conjunction with the Community Development
Board. This title has been changed to “Building and Zoning Director,”
Section 24-48 of LDC lists the following duties:
Sec. 24-48. - Community development director [Building and Zoning Director].
The community development director shall have the following authorities and responsibili-
ties:
(a) To administer and implement this chapter and accomplish actions required by this
chapter, including proper notices as specified in this chapter or as otherwise required; the
receiving and processing of appeals.
(b) To provide written instructions to applicants related to the required process for re-
quests as required under this chapter and to assist applicants in understanding the provi-
sions of this chapter.
(c) To receive and initiate the processing of all zoning and land use related applications.
(d) To maintain all records relating to this chapter and its administration, as may be set
forth in this chapter or otherwise be necessary.
(e) To recommend to the community development board and the city commission,
amendments to this chapter and the zoning map, with a written statement outlining the
need for such changes.
(f) To conduct necessary field inspections required to advise the community development
board and the city commission related to zoning and land use matters.
g) To review preliminary development plans, applications for certain building permits, in-
cluding site and lot plans, to determine whether the proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this chapter
and the comprehensive plan. The building official's signature, stating approval, shall be
required on all development plans before a building permit shall be issued.
(h) To grant minor dimensional variances or minor variances to development design
standards as set forth in this chapter, excluding changes to lot area, impervious surface
area, height and parking, provided the requested variance is not more than five (5) per-
cent from the standard or requirement requested to be waived. Such minor variances
00651552-1 Page 10
shall be granted only one (1) time for any particular requirement on a single property and
shall be granted only with written justification as set forth within subsection 24-64(d) or as
demonstrated to preserve a protected tree. Where such variances are requested for side
setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5)
percent of the required setback for a single side. For example, where the required side
setback is a combined fifteen (15) feet, the maximum permitted to be waived on a single
side or cumulatively on both sides is nine (9) inches. Similarly, for 20-foot front and rear
setbacks, the maximum permitted to be waived on either the front or rear or in combina-
tion is twelve (12) inches.
Minor dimensional variances may also be authorized where an inadvertent surveying er-
ror has resulted in placement of a building not more than four (4) inches outside of a re-
quired building setback line. In such cases, a letter of explanation shall be provided by
the surveyor, which shall remain part of the building permit file.
(i) To post signs and provide for proper published notice of zoning requests in accord-
ance with section 24-52, and to forward appropriate agenda information to be considered
at the regular scheduled meetings of the community development board to members at
least seven (7) days prior to the meeting date.
(j) To recommend for hire such persons as necessary to assist in the fulfillment of the re-
quirements of the office and delegate to these employees the duties and responsibilities
assigned to the community development director as may be necessary to carry out
properly, the functions of the office.
In performing the duties outlined, the Building and Zoning Director is asked or may choose to communi-
cate in writing with a customer of the City. In doing so, the same “rules” that apply to oral communica-
tion: (a) fairness – treat everyone the same, (b) consistency – tell the next customer the same thing that
you told the previous customer), and (c) comprehensiveness – endeavor to tell each customer whatever
they might need to know to accomplish what they want to do.
In many instances, written communication is necessary to building a proper record in the event the
City’s procedures in administering and enforcing its land development code comes under internal or ex-
ternal scrutiny, i.e., what was done, when was it done, and how was it done? In addition, written com-
munication is useful as a means of ultimately saving the time of all of the parties by initially establishing
a complete and understandable statement of the City’s legal requirements and procedural policies that
apply to a particular development proposal.
PREPARED FOR THE CITY OF ATLANTIC BEACH BY:
COMMUNITY REDEVELOPMENT & PLANNING CONSULTANTS LLC:
Steven G. Lindorff, FAICP, President
Date