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)