23-ZVAR-2002-02 - Beach Diner - 501 Atlantic Blvd.City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-544
Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www/ci.atlantic-beach.fl.us
APPLICANT:
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
Atlantic Beach Diner, Inc.
501 Atlantic Boulevard
Atlantic Beach, Florida 32233
FILE NUMBER: ZVAR 2002-02
BATE OF HEARING: March 19, 2002
ORDER GRANTING VARIANCE
The above referenced Applicant requested a Variance pursuant to Section 24-49 and Section 24-64
of the City of Atlantic Beach Zoning and Subdivision and Land Development Regulations, such
Variance seeking to allow a structure to encroach into a required twenty (20) foot front yard and a
required fifteen (15) foot street side yard on a corner lot within thcCommercial General (CG)
Zoning District.
On March 19, 2002, said request was considered at public hearing by the Community Development
Board for the City of Atlantic Beach. Having considered the application and supporting documents
and statements made by the Applicant, the Community Development Board found that the request
complies with Section 24-49 and Section 24-64 the City of Atlantic Beach Zoning and Subdivision
Regulations, finding as follows:
(1)
The special conditions and circumstances do not result from the actions of the
Applicant;
(2) The Variance granted is the minimum Variance that will make possible the
reasonable Use of the Land, Building or Structure;
COMMUNITY DEVELOPMENT STAFF REPORT
March 19, 2002 Public Hearing
ZVAR 2002-02, Atlantic Beach Diner, Inc.
To:
From:
Date:
Subject:
Applicant:
Requested Change:
Location:
Existing Zoning:
Future Land Use:
Surrounding Zoning:
Community Development Board
Planning, Zoning and Community Development Department
City of Atlantic Beach
March 12, 2002
ZVAR-2002-02
Barry Adeeb on behalf of Atlantic Beach Diner, Inc.
501 Atlantic Boulevard
Atlantic Beach, Florida 32233
Variance toallow a structure (metal awning) to encroach into a required
twenty (20) foot front yard and a required fifteen (15) foot street side yard
on a corner lot within the Commercial General (CG) Zoning District.
(Metal awning structure is proposed to replace a canvas awning.)
501 Atlantic Boulevard
Commercial General (CG)
Commercial General (CG)
Commercial General (CG)
Surrounding Land Use: Commercial.
2
(3)
,2-02
The granting of the Variance will be in harmony with the general intent and purpose
of this Chapter and the Variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
NOW THEREFORE, based on the said findings, the Community Development Board hereby
GRANTS this request for Variance to allow an awning structure to encroach into a required
twenty (20) foot front yard and a required fifteen (15) foot street side yard on a corner lot
within the Commercial General (CG) Zoning District limited to the extent as depicted within
the application for Variance and as currently exists on the property located at 501 Atlantic
Boulevard.
DATED THIS DAY OF -) , 2002.
Don Wolfson, Chairman
Community Development Board
The undersigned certifies that the above Order of the Community Development Board is a true and
correct rendition of the Order adopted by said Board as the same appears in the record of the
Community Development Board minutes.
Cormminit
evelopment Director
STAFF COMMENTS AND RECOlVIlVIENDATION
The applicant has requested this Variance to allow a metal awning, which covers an outdoor seating
area, to replace a canvas awning. (The existing awning frame would be,used.) A variance was not
required for the canvas awning in that the awning was not considered to be a structure. The Florida
Building Code and City zoning regulations, however, now consider the fixed metal awning to be a
structure; therefore, a variance is required to replace the canvas awning cover with the proposed
metal awning cover. If the Variance is approved, the awning will be required to meet all Building
Code requirements prior to issuance of a Building Permit.
Subject to the Community Development Board finding that the request is consistent with Section
24-64 of the zoning regulations, and that the granting of this Variance is also consistent with the
general intent and purpose of Chapter 24, staff does not object to the Variance as requested.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance to allow a
structure (metal awning) to encroach into a required twenty (20) foot front yard and a
required fifteen (15) foot street side yard on a corner lot within the Commercial General (CG)
Zoning District located at 501 Atlantic Boulevard, and as depicted on the attached survey,
provided:
(Provide findings of fact similar to the following)
(1) Special conditions and circumstances exist which are peculiar to the Land and which are not
applicable to other Lands, Structures or Buildings in the same Zoning District;
(2) The special conditions and circumstances do not result from the actions of the Applicant;
(3) The Variance granted is the minimum Variance that will make possible the reasonable Use of
the Land, Building or Structure;
(4) The granting of the Variance will be in harmony with the general intent and purpose of this
Chapter and the Variance will not be injurious to the area involved or otherwise detrimental to
the public welfare.
2
,tJGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance to allow a
structure (metal awning) to encroach into a required twenty (20) foot front yard and a
required fifteen (15) foot street side yard on a corner lot within the Commercial General (CG)
Zoning District located at 501 Atlantic Boulevard, provided:
(Provide findings of fact similar to the following)
(1) There are no special conditions or circumstances which are peculiar to the Land, Structure or
Building involved that are not applicable to other Lands, Structures or Buildings in the same
Zoning District;
(2) The special conditions and circumstances are the result from the actions of the Applicant;
(3) The Variance requested is not the minimum Variance that will make possible the reasonable Use
of the Land, Building or Structure;
(4) The granting of the Variance will not be in harmony with the general intent and purpose of this
Chapter, and the Variance will be injurious to the area involved or otherwise detrimental to the
public welfare.
F:\USERS\Planning\VARIANCE FILES\ZVAR-2002-02 (Atlantic Beach Diner)\Staff Report.Doc
3
Date
APPLICATION FOR ZONING VARIANCE
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www/ci.atlantic-beach.fl.us
1. Applicant's Name
2. Applicant's Address
3. Property Location
-Ci 4-C .I:1- io ,R.e
File No.
alt e
:tt ,
4. Property Appraiser's Real Estate Number
5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation
7. Provision from which Variance is requested -- I) rviQ,44 Q).» (.mit -s QR tFL-
9 Size of Parcel 10. Utility Provider}, igrgekl
Statement of facts related to requested Variance, which demonstrates compliance with Section 24-64, Zoning and
Subdivision and Land Development Regulations (attached to this application). Attach as Exhibit A.
11. Provide all of the following information:
b. 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.
c. Survey and legal description of property for which Variance is sought. (Attach as Exhibit 13.)
d. Required number of copies (8)
e. Application Fee ($75.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
ti
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING ELLIS APPLICATION
4--2)Name;{Z f-g,e
Mailing Address: <tD ( ( C° g 11)4, t4-1-4AA4q 141 C 30,.-'
Phone: qi -(9,0- 4_-, e o FAX: (18(- ...Q= (. (3 E-mail:
LOT 809
—
LOT 808
• - • ,
' • •
LOT- ,808;•
T 87
MAP SHOWING SURVEY OF
LOTS 804, 805, 805, 807, 805, and 509 AND 789, 789,
750, 791, 792, 793, 794, 795, 796, 797, 795. and 799,
SECTION No. 1, SALTAIR AS RECORDED IN PLAT BOOK 10,
PAGE 5, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
- -
SYLVAN DRIVE
50' RIGHT-OF-WAY
S
20(.Y.00'
rout,
P H A l.
-,T• ' "
LOT 7_92_ —
LOT 79
1.!
•
. .
LOT 7'LOT 79
98
• • •
•••
slow ToionNY
7„... LOT 79.9- , .s
LOT
••••••
ii
. NOTES:
IVA-BOUNDARY SURVEY!. •
-ANGLES AS- PER'NELD SURVEY.
- 900915 IS APPROXIMATE.
- NO BUILDING RESTRICTIONJ1NE AS PER' PLAT.
•...THEPROPEKIY SHOWN HEREON AP -PEARS TO LIE,.
';161,8000 ZONE(ARE/Y OUT510E: 500-,YEA11
••• F1000•,-P.IANE) AS WELL AS -CAN REDETERMINED
V', FPRATLIITYKWZMourg5FIATIV
V.•'ATCAHRG' BEACH, DIMS COUNTY, FLORIDA, RENS-Z[57
vt".•-; • •T. • •%." ••,'"' •
• • i•*!' * •••14.:
. •
o
LOT 807
LOT 5808-
--
LOT 805
LOT 805.
LOT 804
2 - STORY /WORRY
le 11ReCR
1 - STORY 1105
0, EVOCK
•
I
1
LOT 79.4...
T -OT 793
LOT 791
LOT__7
--LOT 790
LOT 790 _
—LOT 789
LOT 789
— LOT 788
<01.1112
.'11111210I801101( 0040,104105
WORD 111111 FIF050517.0 SCA
CF INC SURVETOR WORT 2112,008
LOT 803
2.00AV.
(19 9.951GE(.D)
04
o.,
1;,;,..• • •••••., ,7•
.- • -••••52.S.,,i7
LOT 787
'TOO A01,41
f.N.
. •
• • tifiv-st mAselik casiligisdiva
------ --;-•••;:•,;; raitcustcAs' •STANUAR55ISE1'FORTH,10,
•- • ••••• • 7.••,8 OF' THE florspA,Oplls.
• ' 4
• 4 IS
malt:BOA
FL' RI= SLIRY6yOR 02412,12aPPOVti0
01080 RECTSTERITO Awar 945 wataa
pcALE, ire_ FRE11000-619
0122040 615
BOATWRIGHT LAND SURVEYORS, Inn, 17, I
cab e-rnrc-T.
- WWV P. 2000
February 26, 2002
TO WHOM IT MAY CONCERN
Subj: Variance Application for theBeach Diner, Atlantic Beach
Our Beach Diner contracted with Schultz Roofing in January 2002 to replace a canvas
material on the awning, which was destroyed in a northeaster in the fall on 2001, with a
metal material on the same original awning. This awning was fabricated, installed, and
permitted in the summer of 1997.
My replacement intent with the metal cover was to have a product that would be easier to
maintain and clean and possibly, a longer life expectancy than the canvas material.
I am; therefore, requesting your consideration for approval in swapping the canvas
material for the metal material.
February 26, 2002
TO WHOM IT MAY CONCERN
Subj: Variance Application for theBeach Diner, Atlantic Beach
This letter serves as authorization from landlord/owners of the real estate where the
Beach Diner is currently located, authorizing our approval for Mr. Barry Adeeb to apply
for variance regarding metal roofing for awning in front of his Diner.
Any questions concerning this matter may be made to either William W. Nicol or Dr.
John L.Green at (904) 247-5408 or 249-3792.
Sincerely,
William W. Nicol
March 12, 2002
Barry Adeeb
on behalf of Atlantic Beach Diner, Inc.
501 Atlantic Boulevard
Atlantic Beach, Florida 32233
CITY OFATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5805
SUNCOM: 852-5800
http://ci.atlantic-beach.fl.us
Re: March meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Adeeb:
Please be advised that your application for a Variance will be heard by the Community
Development Board at the regular meeting on Tuesday, March 19, 2002 at 7:00 pm. Your
application is scheduled as agenda item 6.a.
You should be aware that failure to be present at this meeting to represent your a lication may
result in the delay of action on your application. Please call me at 247- nfirm your
plans to attend the meeting. (You may leave a voice mail message if you do me.)
Sincerely,
Sonya B. Doerr, AICP
Community Development Director
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
March 19, 2002 at 7:00 p.m.
1. Call to Order.
2. Approval of Minutes of the meeting of February 19, 2002.
3. Recognition of Visitors.
4. Election of Officers.
5. Old Business. None. (The application to review a Preliminary Plat for an eight (8) lot
subdivision within the RS -1 Zoning District, located at 2394 and 2428 Seminole Road has been
withdrawn. The request may be revised, and a new application submitted at a future time.)
6. New Business.
a. Request for a Variance to allow a structure (metal awning) to encroach into a required
twenty (20) foot front yard and a required fifteen (15) foot street side yard on a corner lot
within a Commercial General (CG) Zoning District on property located at 501 Atlantic
Boulevard.
b. Request for a Variance to allow an attached garage to encroach a distance of twelve (12)
feet into a required twenty (20) foot rear yard on a single-family lot within a RS -2 Zoning
District on property located at 331 Seventh Street.
c. Request to consider a recommendation to the City Commission related to an application for
a Use -by -Exception within a Commercial General (CG) Zoning District to allow a custom
motorcycle sales and service business, proposed to be located at 1420 Mayport Road.
5. Other reports or business not requiring action.
8. Adjournment.
All information related to these applications and full legal descriptions for the subject properties are
available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole
Road, Atlantic Beach, Florida.
If a person decides to appeal any decision made by the Community Development Board with respect to any
matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with
the Americans with Disabilities Act, persons needing special accommodation to participate in this
proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach,
Florida 32233 not later than 5 days prior to the date of this meeting.
CITY OF
ATLANTIC BEACH
FLORIDA
NAMEr1(
ADDRESS --CO /
CITY
When Validated, This
Becomes an Official Receipt.
ac )
No.
35558
2002-
7
00a
/ 5<'G
PAID
FEB 262002
CK# 6 4'
Oper: DSPiITH Type: OC Drawer: 1
Date: 2/26/Q2 01 Receipt no: 377390
74 VARIANCE/RE—IHSF' 1 $75.05
Trans number: 2641 775.05
CK CHECKS
Trans date: 2/26/02 Time: 15:38:51