270 6th Street (Yeats) 06.08.2010
Tuesday, May 03, 2011
Rich Trendel
Petra Management
P.O. Box 330448
Atlantic Beach, FL 32233
Re: Use of parking lot for temporary fee-paid Parking
Dear Mr. Trendel:
The purpose of this letter is to confirm that the City has approved the use of hat we rfer to ss the
“chip lot as a fee-paid prking to be used
The City has been advised by the Duval County Property Appraiser’s Office that a full second
dwelling unit has been constructed at your property at 270 Sixth Street. (The PAO inquired
regarding the second unit as their data showed this property to be assessed as a single-family
residence only and within a single-family zoning district.)
Your lot is located within the Residential, Single-family (RS-2) Zoning District and within the
Residential, Low Density (RL) land use designation. Two dwelling units on a single lot is
inconsistent with both designations, and Garage Apartments, defined as follows, are not permitted at
this location. (These are permitted only on oceanfront lots along Beach Avenue, and on certain
double frontage “through” lots.)
Garage Apartment shall mean a Dwelling Unit for not more than one Family, which is
combined with a Private Garage, allowed only as set forth within Section 24-89. A
Garage Apartment shall not be leased or rented for periods of less than ninety (90)
consecutive days. Only one Garage Apartment shall be allowed on a residential Lot,
subject to the provisions of Section 24-89.
A review of the permit file and history of the property reveals that a permit for the detached garage
was issued in 1998, and a permit to finish the space over the garage for storage and an office was
issued in April of 2001. At no time were permits issued or inspections performed or Certificate of
Occupancy issued for a second dwelling unit to be constructed over the detached garage, nor would
have such been issued since City Codes have never permitted a second Dwelling Unit in this
location. As such, this unit is considered an illegally constructed Dwelling Unit.
Page two, Mr. Yeats
June 15, 2010
Upon direction of the City’s Building Official, the purpose of this letter is to request that the
residential use of the structure be discontinued within sixty (60) days or the matter will be referred to
the City’s Code Enforcement Division for appropriate action.
I recognize that you did not purchase this property until July of last year, and our assumption is that
this unit was added by the previous property owner, however, this structure can only be used as
permitted by the City’s zoning regulations. The following definitions from Section 24-17 of the
regulations describe the uses that are permitted within this structure and the limitations of use.
You may call me at 247-5826 to discuss.
Sincerely,
Sonya Doerr, AICP
Planning Director
cc: Michael Griffin, Building Official, CBO, CFM
Alan Jensen, City Attorney
Sec. 24-17. Definitions.
Garage, Private shall mean a detached residential Accessory Structure or a portion of the Principal
Building used as a work or hobby space, for recreation or leisure activities, or for the storage of
motor vehicles and personal property belonging to the occupants of the Principal Building. A
Private Garage may contain sleeping quarters, electrical service and plumbing, but shall not contain
a Kitchen and shall not be converted to or used as a Dwelling Unit. No Home Occupation shall be
conducted with a Private Garage, unless approved in accordance with the provisions of Section 24-
159. A carport shall be considered as a Private Garage. (See Section 24-151 (b) (1) iv.)
Guest House or Guest Quarters shall mean a Building or portion therein used only for intermittent
and temporary occupancy by a non-paying guest or family member of the occupant of the primary
residence. A Guest House or Guest Quarters shall not be conver ted to or used as a permanent
Dwelling Unit, shall not be rented for any period of time and shall not contain a Kitchen, but may
contain a Kitchenette as defined herein.
Kitchenette shall mean an area within a Building containing limited Kitchen facilities such as a bar
sink, microwave oven, refrigerator/freezer not exceeding ten (10) cubic feet.
Sec. 24-151. Accessory Uses and Structures.
(b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be
permitted only within Zoning Districts as set forth within this Division.
(1) Within all residential Zoning Districts:
iii. Guest House or Guest Quarters provided that such are used only for intermittent and
temporary occupancy by a non-paying guest or family member of the occupant of the
primary residence. A Guest House or Guest Quarters shall not be rented for any period of
Page two, Mr. Yeats
June 15, 2010
time and shall not contain a Kitchen, but may contain a Kitchenette as defined herein.
Further, a Guest House or Guest Quarters shall not be used as, or converted to a Dwelling
Unit. A detached Guest House shall not exceed the number of Buildings allowed on a Lot
as set forth within Section 24-82 (b).