1365 Seminole Road (Nichols) 4
Still trying to wrap-up the "division" question on David Hackney's 1365 Seminole Road property.
______________________________________________
From: Doerr, Sonya
Sent: Wednesday, January 04, 2006 12:56 PM
To: paul@bestconhomes.com
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 indicates that he is 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.
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
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