333 5th Street ZVL (Mary Jo Kilcullen) 09.30.2003
September 30, 2003
Mary Jo Kilcullen
333 Fifth Street
Atlantic Beach, Florida 32233
Re: Lots 14 and 16, Block 7, within Atlantic Beach Subdivision “A”
Dear Mrs. Kilcullen:
After reviewing your Variance application and discussing the matter with your architect,
I am returning your application for a Variance. (I have initiated the process for a refund
of your application fees.) There is not a Variance procedure by which a non -conforming
structure can be deemed conforming for the purpose of permitting construction upon an
adjacent lot.
After talking a bit more with your architect, I want to try and clarify a few issues related
to your property. Your property consists of two legally created Lots of Record, Lots 14
and 16, within Block 7 of Atlantic Beach subdivision “A.” These continue to be two
separate lots, although they have been treated as a single development parcel with respect
to required setbacks. Your residence on Lot 16 is a non -conforming structure in that only
a 4.8-foot setback is provided on the west side of the lot and only a 7.5-foot setback is
provided on the east side.
If it is your desire to sell Lot 14 as a separate lot, there is not a prohibition against doing
this provided that a ten-foot setback must be provided along the east side of Lot 16. In
other words, a portion of the existing house must be demolished so that it is located at
least 10-feet from the lot line that divides Lots 16 and Lot 14, or alternatively a 7.5-foot
setback could be created on the west side. (The 4.8 setbacks on the west side of Lot 16 is
not an issue, since this minor deficit in setback and is within the allowed 5% percent
administrative waiver.) Further, any new construction on Lot 16 must comply with
current setbacks. A Variance could be sought in conjunction with future construction on
Lot 16, but I must frankly advise, I think it is unlikely that a Variance would be
approved, in that your lot is a regularly-shaped lot and substantially deeper that the 100-
foot deep lot typical of the area.
Page two
Mrs. Kilcullen
September 30, 2003
I have also enclosed applicable provisions from the City’s Land Development
Regulations for your review. Please feel free to contact me at 247-5817 or by e-mail at
sdoerr@ci.atlantic-beach.fl.us with any questions.
Sincerely,
Sonya Doerr, AICP
Planning Director
Enclosures
cc: Don Ford, CBO, Building Official
Tim Little