East Coast Drive-Subdividing questionThis would not be considered a "legal" property division. The minimum lot width for all new lots if 75-feet. The subdvision regulations require all three (width, depth and lot area)
to be provided when a new lot is created. Deviations from lot width are expressly excluded from consideration as a zoning variance. 1270 East Coast Drive is within the RS-1 Zoning
District.
I have included below the applicable provisions from the City's land development regulations. I hope this provides you with the needed information.
Sonya Doerr, AICP
Community Development Director
800 Seminole Road
City of Atlantic Beach, Florida 32233
904 247-5826 Phone
904 247-5805 FAX
Sec. 24-255. Lots.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall be appropriate for the location of the Development and for the type of development
and Use proposed. Lot arrangement and design shall be such that all Lots shall provide satisfactory and desirable Building sites. Minimum sizes for Lots shall be as set forth within
the applicable Zoning District requirements. Unless expressly provided for within this Chapter, no residential Lot created after the initial effective date of these Land Development
Regulations shall have a width of less than seventy-five (75) feet at the Building Restriction Line, or shall it contain less than seven thousand, five hundred (7,500) square feet unless
approved as part of a Planned Unit Development.
Sec. 24-104. Residential, Single-family Districts. (RS-1)
(a) Intent. The RS-1 Zoning Districts are intended for development of low Density Single-family residential areas. All Development of Land and Parcels within the RS-1 Zoning Districts
shall comply with the residential Density limitations as set forth within the adopted Comprehensive Plan for the City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted within the RS-1 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses, Buildings and facilities.
(c) Uses-by-Exception. Within the RS-1 Zoning Districts, the following Uses-by-Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot Size. The minimum size for Lots within the RS-1 Zoning Districts, which are created after the initial effective date of these Land Development Regulations, shall be
as follows.
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
Existing legally established Lots of Record may exist, which do not meet the above requirements. These Lots may be developed subject to all applicable Land Development Regulations;
however, all Lots created after January 01, 2002 must comply with the Minimum Lot Size requirements in order to obtain Building Permits authorizing Development. (See Section 24-188
and Section 24-189.)
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS-1 Zoning Districts shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Seven and one-half (7.5) feet.
(f) Building Restrictions. Building restrictions within the RS-1 Zoning Districts shall be as follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-64. Variances.
A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum
Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance
shall not modify the Permitted Uses or any Use terms of a property.
-----Original Message-----
From: capstar-inc@comcast.net [mailto:capstar-inc@comcast.net]
Sent: Friday, January 09, 2004 3:33 PM
To: Doerr, Sonya
Subject: Subdividing question-East Coast Drive
1270 East Coast Drive:
We are considering buying this property and want to divide. Build on one side and sell the other.
Property lot is currently 100 x 150.
Divided each side will be 150 x 50 which will meet the 7500 sq. ft. requirement.
What can you tell me about setbacks, easements, right of ways on this lot?
Can we divide it?
If it meets the 7500 sq. ft. requirement, then can you appeal and/or get a variance to make this lot size work for two lots?