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347 3rd Street (and 328 2nd Street) (Doug Brown) 01.09.2002 January 09, 2002 Doug Brown The Construct Group, Inc. 30 Garfield Place, Suite 900 Cincinnati, Ohio 45202 Re: Proposed Duplex / Townhouse Construction at 328 Second Street and 347 Third Street Dear Mr. Brown: I have reviewed your request for a vesting determination related to the projects you have proposed to develop within the City of Atlantic Beach. As you are aware, the above referenced properties are located within an area of the City that was recently rezoned from RG-1 (Residential, Two-family) to RS-2 (Residential, Single-family). Due to a special condition that was included within the rezoning ordinance, which I have attached, a vesting determination is not required provided that these projects commence with a one-year period of time from the effective date of the rezoning. The two projects you have proposed are located within an area designated by the adopted Comprehensive Plan as Residential, Medium Density (RM), which requires 3100 square feet of Lot Area per dwelling unit. Four units are proposed at the Second Street property; this property contains 13,000 square feet within two platted lots, and as such, this project complies with the minimum 3100 per unit Lot Area requirement. Four units are also proposed on the Third Street property. This property consists of two and one-half lots containing 18,750 square feet of Lot Area; therefore, the four units proposed on this property are also consistent with the density limitations of the Comprehensive Plan. Within your correspondence of November 21, 2001, you have cited several provisions of the zoning regulations, however, I am unable to determine how any changes to these provisions may impact the proposed projects. Since impervious surface calculation have not been provided, I cannot determine whether these projects exceed the newly established fifty percent impervious surface limitation. With regard to height limitations, the proposed preliminary plans depict no structures or elements exceeding the 35-foot height limitation; therefore, the projects cannot be considered to have any vested right to exceed this limitation. All portions the structures must be contained within the 35-foot height limit. Page 2 of 2 January 09, 2002 You have also referenced Eaves and Cornices. This provision of the regulations was clarified, but not amended in any substantive manner. The following definition establishes the requirement related to Eaves and Cornices. Eaves and Cornices shall mean typical projections from the roof Structure of a Building. Eaves and Cornices shall not project beyond forty-eight (48) inches into Required Front and Rear Yards. Eaves and Cornices shall not project into Required Side Yards beyond twenty-four (24) inches, or forty (40) percent of the established Required Side Yard Setback, whichever distance is less. In summary, the proposed duplex developments are consistent with the Comprehensive Plan, and subject to all other applicable regulations, permitting and Building Code requirements, the development of duplex units may proceed provided such development is in accordance with the terms of Section 6, Ordinance Number 90-01-173, which became effective November 26, 2001. I have included the appropriate application forms for initial submittal and review of construction plans. Please feel free to call me at (904) 247-5817 with any questions. Sincerely, Sonya B. Doerr, AICP Community Development Director cc: George Bull, Jr. Enclosures