31 5th Street ZVL (Rose McCall) 09.05.2002
September 05, 2002
Rose C. McCall
31 5th Street
Atlantic Beach, Florida 32233
Re: Proposed addition at 31 Fifth Street
Dear Mrs. McCall:
After research of City of Atlantic Beach records and Duval County Official Public Records, the
City has determined that, based upon available information, you have an established right to
maintain the second-story enclosed porch, which encroaches approximately six (6) feet into the
forty (40) foot right-of-way of Fifth Street. (There are no available off icial records indicating
when Fifth Street was actually constructed as a Street.)
Your ocean front parcel is a portion of Lot 1, Block 20 of Subdivision A, the plat of which was
recorded on May 13, 1913. You have indicated that, based upon personal hist orical knowledge,
the original residence with the second-story porch was constructed by 1920. There are no
official records that would dispute your recollection; in fact, records related to the residence
appear in property files by 1923. In any event, it is clear that the residence was constructed
prior to the 1925 when the City of Atlantic Beach became an incorporated municipality. While I
do not believe that Duval County would have knowingly allowed construction to encroach into
any platted street, it is unlikely that any type of permit was required or issued for construction of
the home during the early 1920s. The inaccuracy of survey techniques at that time may also
have resulted in this encroachment.
Accordingly, you may proceed with the permitting process for the addition you have proposed,
subject to the conditions of the Variance approved by the Community Development Board.
Please be aware that the addition will be subject to all otherwise applicable requirements
including the new Florida Building Code. If you recall, there was some concern that the
proposed addition did not provide required separation from the residence to the north. I would
suggest that your builder contact Don Ford at 247-5826 before proceeding further with
construction and engineering plans.
Page two, Mrs. McCall
September 05, 2002
Please feel free to call me at 247-5817 with any questions. I recognize that this has been a rather
lengthy and arduous process for all parties involved. Hopefully, the most difficult part of you
project is behind us all.
Sincerely,
Sonya B. Doerr, AICP
Community Development Director
cc: Don Ford, CBO, Building Official
Alan Jensen, City Attorney
Jim Hanson, City Manager
Doug Morgan on behalf of Rose M. McCall