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2393 Ocean Breeze Court (Kirk Hansen) 04.10.2006 April 10, 2006 Sonya Doerr Community Development Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Ref: Atlantic Beach Zoning, Subdivision, and Land Development Regulations Dear Ms Doerr: Having carefully reviewed the existing referenced regulations, I have a couple of questions that I would like to have clarified. Paragraph 24-85(c) (2) states: “In the event that more than fifty (50) percent of the value of a nonconforming structure is destroyed or damaged by any means, the structure shall not be reconstructed except in compliance with the provisions of this chapter, or alternatively in compliance with the terms of a variance granted by the community development board in accordance with requirements of section 24-64 of this chapter. In determining the value of a nonconforming structure, either the assessed value or the appraised value may be considered, subject to the approval of the building official.” Questions: 1. What sources of appraised value for a nonconforming structure will be accepted? Chapter 24-17. defines Appraised Value as: Appraised Value shall mean the value to an Improvement or property as determined by a certified appraiser. For the purpose of determining the Appraised Value, the certified appraisal shall have been performed within the previous twelve (12) months. 2. Since it is likely that there will be a large difference between as assessed value and appraised value, what criteria will be employed to determine which will be used? The 50% threshold comes from the Florida Building Code, and that is why the Building Official is given the determination if there is a question. Paragraph 24-64 states: “A Variance may be sought in accordance with this Chapter. Applications for 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.” Questions: 1. Does this paragraph mean that a Variance for Lot Area, Lot Width, or Lot Depth or Height of Building will not be considered or simply that granting of these Variances is simply not a precedent for other Variances? Variances cannot be requested for those items. 2. If these kinds of Variances will not be considered, what kind of Variance will be considered? Other “dimensional” requirements, such as Zoning Setbacks. Thank you in advance for your quick response to these questions. Sincerely, Kirk Hansen 2393 Ocean Breeze Court Atlantic Beach 241-7859 (Home) 810-9660 (Cell)