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1365 Seminole Road (Nichols) 2 ________________________________ From: Doerr, Sonya Sent: Wednesday, January 04, 2006 4:15 PM To: 'Paul Nichols' Subject: RE: 1365 Seminole Road Paul - Problem is, they are not two Platted Lots of Record, but parts thereof. ....unless they can be found to meet the following Lot of Record definition. (b) a Lot or parcel of Land described by metes and bounds, the description of which has been recorded in the Office of the Clerk of the Circuit Court, consistent with and in compliance with Land Development Regulations in effect at the time of said recording. From my e-mail Sent: Thursday, September 15, 2005 11:26 AM Yes, as l long as these two lots are two platted Lots of Record (and legal description will tell you that) they continue to be two individual lots and can be developed as such, provided that the existing house is removed such that each new house meets all setbacks, etc... No rezoning required. Following section from LDRs address this. Sonya Doerr, AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. ________________________________ From: Doerr, Sonya [mailto:sdoerr@ci.atlantic-beach.fl.us] Sent: Wednesday, January 04, 2006 12:56 PM To: Paul Nichols Subject: 1365 Seminole Road Hey, Paul -- and Happy New Year! Could not catch you by phone, so thought this might be easier. …related to David Hackney's property at 1365 Seminole Road. Mr. Hackney first contacted me back in October about two properties he owns in Atlantic Beach; one at 1565 Park Terrace East and the other one at 1365 Seminole Road. In his e-mailed letter dated October 10th (it was not e-mailed to me until 10-25-05) He indicated that he was talking with you and Tim about tearing down the existing house on the Seminole Road parcel that is constructed across portions of two lots in Unit 1 of Selva Marina. He also indicated then that he is considering building one house on property, and then may want to build/sell another house on the same property. After the most recent e-mail exchanges, I responded back to him with the below last week, to try to clarify for him, which is in summary what I had advised since October. The only way that 1365 Seminole could be considered as two metes and bounds Lots of Record (per following definition) would be if he could produce deeds showing those parcels existed as they now do prior to the City's 1959 zoning regulations. Is that possible? Lot of Record shall mean: (a) Lot that is part of a documented Subdivision, the map of which has been recorded in the Office of the Clerk of the Circuit Court, or (b) a Lot or parcel of Land described by metes and bounds, the description of which has been recorded in the Office of the Clerk of the Circuit Court, consistent with and in compliance with Land Development Regulations in effect at the time of said recording. Sonya Doerr, AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. ________________________________ Mr. Hackney, My records do not reflect that you ever formerly requested approval of a lot division per Section 24-189 of the City's Land Development Regulations following our discussions and e-mails. As I recall, I provided you a copy as of the attached letter as an example regarding Mr. Gordon's property at 1385 Seminole Road adjacent to the north your property. In any case, based upon the size and width of your property, such a request could not have been approved. The deed to your property dated November 03, 1995 (OR Book 8215, Pages 390-392) includes a legal description containing Portions of Lot 11 and Lot 12, Block 1, Selva Marina, Unit No. 1. The combined width of the property is 125-feet. The City of Atlantic Beach zoning and subdivision regulations, since the adoption of the City's initial zoning regulations through the lat 1950 and 1960s, have always required a minimum building site area of 7500 square feet and 75-feet in width for the area where your property is located. Regulations adopted years later provided certain exceptions for new lots that might be approved as part of Planned Unit Developments (PUDs) and for some two-family or multi-family zoning districts. Later regulations also recognized as Lots of Record the smaller 50x100-foot lots that had been platted mostly by the 1920s within the area commonly referred to as Old Atlantic Beach, but there has never been a time in the City's history that the RS-1 Zoning District (originally called the RA-1 or Residence "AA" District) allowed for a lot less than 75-feet in width and 7500 square feet in size. I hope this fully answers your question, but please feel free to call me if you wish to discuss further. Sonya Doerr, AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. ________________________________ From: Doerr, Sonya [mailto:sdoerr@ci.atlantic-beach.fl.us] Sent: Thursday, September 15, 2005 11:26 AM To: Paul Nichols Subject: RE: Seminole Road Lots Yes, as l long as these two lots are two platted Lots of Record (and legal description will tell you that) they continue to be two individual lots and can be developed as such, provided that the existing house is removed such that each new house meets all setbacks, etc... No rezoning required. Following section from LDRs address this. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. All of the east side of Seminole Road north of 16th Street has 20-feet, front and rear yard setbacks, and combined 15-feet side yard setbacks with not less than 5-feet on either side. And maximum Impervious Surface Area is 50% and not 35% That cover it? Sonya ________________________________ From: Paul Nichols [mailto:paul@bestconhomes.com] Sent: Thursday, September 15, 2005 11:01 AM To: Doerr, Sonya Cc: tim Cassidy Subject: Seminole Road Lots Sonya, We haven’t spoken in a while, so, I trust all is well with you. I have recently been speaking (through my sales agent) with an owner of a house located on the east side of Seminole Road in the 12000 – 14000 block. There is a single story block house, centered on two lots of record. One of the lots is 65’ x 125’ (8,125 sf), while the other is 60’ x 125’ (7,500 sf). Without rezoning, would it be possible to demolish the house and have two “build-able” lots? I am not familiar with the zoning regulations along Seminole Road, particularly in this area. Would you be able to tell me what the setbacks are? I suspect that the lot coverage maximum is 35%. If that is the case, I have informed my agent that I did not believe the Adjustment Board would be inclined to grant a variance with respect to lot coverage, given that the hardship might be considered self-imposed. Any help would be great. Thanks. Paul W. Nichols BESTCON Homes <http://www.bestconhomes.com> President 4400 Marsh Landing Blvd, Suite 6 Ponte Vedra Beach, FL 32082 (904) 545-4751 cell (904) 246-7126 (fax) (fax) the north your property. In any case, based upon the size and width of your property, such a request could not have been approved. The deed to your property dated November 03, 1995 (OR Book 8215, Pages 390-392) includes a legal description containing Portions of Lot 11 and Lot 12, Block 1, Selva Marina, Unit No. 1. The combined width of the property is 125-feet. The City of Atlantic Beach zoning and subdivision regulations, since the adoption of the City's initial zoning regulations through the lat 1950 and 1960s, have always required a minimum building site area of 7500 square feet and 75-feet in width for the area where your property is located. Regulations adopted years later provided certain exceptions for new lots that might be approved as part of Planned Unit Developments (PUDs) and for some two-family or multi-family zoning districts. Later regulations also recognized as Lots of Record the smaller 50x100-foot lots that had been platted mostly by the 1920s within the area commonly referred to as Old Atlantic Beach, but there has never been a time in the City's history that the RS-1 Zoning District (originally called the RA-1 or Residence "AA" District) allowed for a lot less than 75-feet in width and 7500 square feet in size. I hope this fully answers your question, but please feel free to call me if you wish to discuss further. Sonya Doerr, AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. ________________________________ From: Doerr, Sonya [mailto:sdoerr@ci.atlantic-beach.fl.us] Sent: Thursday, September 15, 2005 11:26 AM To: Paul Nichols Subject: RE: Seminole Road Lots Yes, as l long as these two lots are two platted Lots of Record (and legal description will tell you that) they continue to be two individual lots and can be developed as such, provided that the existing house is removed such that each new house meets all setbacks, etc... No rezoning required. Following section from LDRs address this. Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. All of the east side of Seminole Road north of 16th Street has 20-feet, front and rear yard setbacks, and combined 15-feet side yard setbacks with not less than 5-feet on either side. And maximum Impervious Surface Area is 50% and not 35% That cover it? Sonya ________________________________ From: Paul Nichols [mailto:paul@bestconhomes.com] Sent: Thursday, September 15, 2005 11:01 AM To: Doerr, Sonya Cc: tim Cassidy Subject: Seminole Road Lots Sonya, We haven’t spoken in a while, so, I trust all is well with you. I have recently been speaking (through my sales agent) with an owner of a house located on the east side of Seminole Road in the 12000 – 14000 block. There is a single story block house, centered on two lots of record. One of the lots is 65’ x 125’ (8,125 sf), while the other is 60’ x 125’ (7,500 sf). Without rezoning, would it be possible to demolish the house and have two “build-able” lots? I am not familiar with the zoning regulations along Seminole Road, particularly in this area. Would you be able to tell me what the setbacks are? I suspect that the lot coverage maximum is 35%. If that is the case, I have informed my agent that I did not believe the Adjustment Board would be inclined to grant a variance with respect to lot coverage, given that the hardship might be considered self-imposed. Any help would be great. Thanks. Paul W. Nichols BESTCON Homes <http://www.bestconhomes.com> President 4400 Marsh Landing Blvd, Suite 6 Ponte Vedra Beach, FL 32082 (904) 545-4751 cell (904) 246-7126 (fax) (fax)