2383 Mayport Road LTR 08.07.2020 (Pan Am)1
August 6, 2020
Pan Am Mini Storage, Inc.
Commercial Due Diligence Services
3550 W Robinson Street, Third Floor
Norman, OK 73072
RE: Request for zoning information for property located 2383 Mayport Road,
Atlantic Beach, Florida 32233 (RE# 169398-0450) (the “Property”)
To whom it may concern:
In response to your request regarding the Property, please be advised as follows:
1. The current zoning classification for the subject property is Commercial General (CG).
2. According to the current zoning ordinances and regulations, the “self-storage” use of the
subject property is a Legal Non-Conforming Use.
3. Adjacent property zoning designation:
a. North: Planned Unit Development (PUD)
b. South: Commercial General (CG)
c. East: Planned Unit Development (PUD)
d. West: City of Jacksonville jurisdiction
4. Per the current zoning ordinances and regulations, the current structure is Legal Non-
Conforming.
5. Two use-by-exceptions have been granted for the subject property (see attached).
a. The first was granted in 1988 to operate a mini storage facility with the condition that
the “spaces are to be used only for storage of non-flamable and non-hazardous
materials and are not to be rented for use as offices, retail shops or businesses.”
b. The second use-by-exception was granted in 1993 to allow outside storage of
automobiles, boats, and recreational vehicles with the following conditions:
City of Atlantic Beach
Community Development Dept.
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
www.coab.us
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i. The use-by-exception is granted to Pan Am as owner of the property and will
not run with the land;
ii. No storage of inoperable vehicles will be allowed;
iii. Upon the second conviction by the Code Enforcement Board of storage of
junk, abandoned and/or inoperable vehicles as defined by the Atlantic Beach
Code of Ordinances and the Florida Statues, the use-by-exception will be
automatically revoked.
6. Rebuild: pursuant to Section 24-85(c)(4) of the Code of Ordinances for Atlantic Beach Florida
(the “Code”), as amended by Ordinance 90-19-240, adopted July 8, 2019, site improvements
or structures located on the Property that contain a legal nonconforming use and which incur
substantial damage by a natural event may be reconstructed and the nonconforming use may
be resumed as lawfully permitted prior to the occurrence of the natural event subject to certain
conditions further described in Section 24-85(c)(4) of the Code.
7.
With regard to a potential sale of the Property:
(i) pursuant to that certain letter from the City of Atlantic Beach, Florida to Mr. E. Conrad
Cowart dated November 30, 1988 and attached hereto as Exhibit A, the existing mini storage facilities (the
“Mini Storage Use”) are permitted on the Property as a legal nonconforming use;
(ii) pursuant to the certain letter from the City of Atlantic Beach, Florida to Pan Am Mini
Storage, Inc. dated October 12, 1993 and attached hereto as Exhibit B, the existing outside storage of
automobiles, boats, and recreational vehicles on the Property is permitted as a Use-By-Exception (the
“Outside Storage Use”) as a legal nonconforming use;
(iii) the Outside Storage Use is specific to Pan Am and will not run with the land but may
continue so long as (a)(1) the legal name of the entity operating the Property (the “Operating Entity”)
contains “Pan Am” or (2) the Operating Entity does business under a name that contains “Pan Am”, which
name the Operating Entity must register as a fictitious name; and (b) all signs on the Property come into
conformity and contain the name “Pan Am” which must be legible and visible from Mayport Road;
(iv) pursuant to Section 24-85(c)(4) of the Code of Ordinances for Atlantic Beach Florida (the
“Code”), as amended by Ordinance 90-19-240, adopted July 8, 2019, site improvements or structures
located on the Property that contain a legal nonconforming use and which incur substantial damage by a
natural event may be reconstructed and the nonconforming use may be resumed as lawfully permitted prior
to the occurrence of the natural event subject to certain conditions further described in Section 24-85(c)(4)
of the Code;
(v) pursuant Section 24-85 (c) of the Code of Ordinances this legal nonconforming use shall
not be expanded or enlarged;
(vi) this Property must come into compliance with Section 24-175 (f) Outside Storage
regulations for portions visible from Mayport Road and the adjacent parcel to the north. The outdoor
storage must be screened from the street and adjacent properties with fencing and/or landscaping; and
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(vii) any subsequent purchaser or tenant of the Property may continue the Mini Storage and
Outdoor Storage Uses under the conditions set forth above and pursuant to all applicable Code provisions.
Sincerely,
Amanda L. Askew, AICP
Principal Planner
cc: Brenna Durden, City Attorney
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