1365 Seminole Road (Nichols) 5Hello Sonya:
I did not get a response from the the below email,
so I am resending to make sure that you got it.
David Hackney
358-5510
-----Original Message-----
From: cducatocm [mailto:cducatocm@bellsouth.net]
Sent: Thursday, December 29, 2005 14:18
To: 'Doerr, Sonya'
Cc: 'AJensenLaw@AOL.com'; 'Hanson, Jim'; 'Ford, Don'
Subject: RE: Atlantic Beach Property -1365 Seminole Road
Sonya:
I consider my original letter dated 10-10-05 as a formal request to divide
my lot. On 10-25-05 I emailed you a copy of the letter, as I did not receive
a response. I did not receive a copy of Mr. Gordon's letter.
I am still perplexed why Paul Nichols stated very clearly in his email to
me, that included text from your email to him, that the lot could be divided
using the "lot of record" reasoning.
If the lot of record does not apply, would my lots be dividable if I
purchased 25' BRL from my neighbors at 1385
Seminole road? My calculations show that it would be possible to take their
two lots and combine with my lot to make four lots that satisfy all zoning
requirements.
David Hackney
-----Original Message-----
From: Doerr, Sonya [mailto:sdoerr@ci.atlantic-beach.fl.us]
Sent: Thursday, December 29, 2005 17:26
To: cducatocm
Cc: AJensenLaw@AOL.com; Hanson, Jim; Ford, Don
Subject: RE: Atlantic Beach Property -1365 Seminole Road
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 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: cducatocm [mailto:cducatocm@bellsouth.net]
Sent: Thursday, December 29, 2005 5:23 AM
To: Ford, Don
Cc: Doerr, Sonya; AJensenLaw@AOL.com
Subject: RE: Atlantic Beach Property -1365 Seminole Road
Don:
Thank-you for your prompt response. Would you please send me a copy of
Sonya's
letter dated 4-15-2005. I did not receive any letter from Sonya. My first
contact
with Sonya was by email dated 10-10-2005. I did find an email from Sonya
dated
10-27-2005, which addresses the front lot line width and also the question
of "lot of record".
Sonya did state in the last paragraph of her email to me that she would be
able to respond more
fully at a later time. This paragraph prompted my further emails asking for
clarification.I was
under the impression that the "lot of record" was the qualifying factor to
divide my lot. This is the
reason indicated to me by Paul Nichol's emails that the lot is dividable,
per his
emails with Sonya.
Regards,
David Hackney
-----Original Message-----
From: Ford, Don [mailto:dford@coab.us]
Sent: Thursday, December 29, 2005 13:07
To: cducatocm
Cc: Doerr, Sonya; AJensenLaw@AOL.com
Subject: RE: Atlantic Beach Property -1365 Seminole Road
David,
I received a reply from Alan Jensen and it is the opinion of staff that
the lots as submitted are not the minimum size as mentioned in Sonya Doerr's
letter of April 15, 2005. Her letter clearly states the lots must be 75 feet
wide at the building restriction line(BRL). The division supplied by you
does not show the width at the BRL. The lots are rectangular and the 62+ -
feet at the front lot line indicates the width at the BRL to be the same as
the 62+ - at the front lot line.
Based on the information supplied the lots cannot be permitted as two
buildable lots.
Don Ford
_____
From: cducatocm [mailto:cducatocm@bellsouth.net]
Sent: Wednesday, December 28, 2005 5:26 AM
To: Ford, Don
Subject: RE: Atlantic Beach Property -1365 Seminole Road
Don:
Thanks for getting back to me. When
I may expect to hear back from Alan Jensen. This matter
has been dragging on for sometime.
Thanks,
David Hackney
-----Original Message-----
From: Ford, Don [mailto:dford@coab.us]
Sent: Thursday, December 15, 2005 15:31
To: cducatocm
Subject: RE: Atlantic Beach Property -1365 Seminole Road
David,
I have read the info supplied by you and researched the property file. I
cannot find any writing by Sonya Doerr approving this property division. The
lot division does not appear to comply with the minimum lot size of 75 x
100.
I am forwarding this to City Attorney Allen Jensen for legal
interpretation.
Don
_____
From: cducatocm [mailto:cducatocm@bellsouth.net]
Sent: Thursday, December 15, 2005 4:10 AM
To: Ford, Don
Subject: RE: Atlantic Beach Property -1365 Seminole Road
Good Morning Don:
I am checking to see is you were able to find
out anything about subdividing the lots at 1365
Seminole road. I am still negotiating with Paul Nichols
to build a personal residence on one of the lots, if approved.
Thanks,
David Hackney
358-5510
-----Original Message-----
From: cducatocm [mailto:cducatocm@bellsouth.net]
Sent: Wednesday, December 07, 2005 11:11
To: 'DFord@coab.us'
Subject: RE: Atlantic Beach Property -1365 Seminole Road
Hi Don:
This is the letter that mailed and emailed to Sonya.
Thanks,
David Hackney
358-5510
_____
From: cducatocm [mailto:cducatocm@bellsouth.net]
Sent: Tuesday, October 25, 2005 5:43 AM
To: Doerr, Sonya
Subject: Atlantic Beach Property -1365 Seminole Road
Hi Sonya:
I mailed the below letter to you a couple of weeks ago. I am checking to
make sure that you received it.
Thanks,
Dave Hackney
358-5510
DAVID M. HACKNEY
1747 Live Oak Lane
Atlantic Beach, Florida 32233
October 10, 2005
Sandra Doerr
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Ms. Doerr:
My name is David Hackney and I am a resident of Atlantic Beach. I own two
houses in Atlantic Beach. One is located at 1565 Park Terrace East and the
other at 1365 Seminole road. I have been negotiating with Paul Nichols of
Bestcon homes through his sales agent, Tim Cassidy to build a house for me
on my property at 1365 Seminole road.
Presently, there is a 1950s era concrete block home located at that address
that will need to be torn down. This house straddles two lots as follows:
Southwest 65 feet of lot 12, block 1 Selva Marina unit 1 in Plat book 23,
page 4 and the northeast 60 feet of lot 11, block 1, Selva Marina unit 1 as
recorded in plat book 23, page 4 of the current public records of Duval
county, Florida.
My plans are to tear down the house and contract Paul Nichols, Bestcon to
build a house on one lot and build on or sell the other lot.
Paul Nichols has emailed me that he has contacted you about the above
properties at 1365 Seminole road and you have confirmed that both lots are
build able per zoning. I wanted to confirm this before proceeding with plans
to tear down the existing house.
Thanking you in advance,
DAVID M. HACKNEY