1810 Ocean Grove Drive ZVL (Todd Hagmiaer) 01.08.2002
January 08, 2002
Todd L. Hagmaier
TCJ Properties and Middlekauff Hagmaier Construction
2415 Blanding Boulevard, Suite 9
Jacksonville, Florida 32210
Re: Proposed Townhouse Units at 1810 Ocean Grove Drive, Lots 26 and 27, Unit 2, Ocean
Grove subdivision, change in zoning regulations
Dear Mr. Hagmaier:
Your permitting plan set for the above referenced project remains under review by the City of Atlantic
Beach. As permits for the project were not issued upon the effective date of the amended zoning and
land development regulations, it is necessary to address several elements of your proposed project
through a vested rights determination. As I have previously advised, there are several elements of the
project which do not conform with the amended regulations. While I believe that this project has
commenced to a point that a vested right to continue has been established, I believe that it is in the best
interest of the developer, the City and future property owners to establish a record of vested rights.
Otherwise, these unit may be construed as nonconforming structures. In reviewing Construction Plans,
it appears that two new provisions of the Code effect this project.
1. Height of Building – This definition has been clarified to allow only chimneys to exceed the thirty-
five (35) feet height limitation. All other elements of a structure must be contained within the thirty-
five feet height. While the proposed buildings are within the thirty-five feet height limitation,
parapet walls and railings exceed thirty-five feet.
2. Impervious Surface Limitation – Section 24-106 (f) (1) establishes a Maximum Impervious Surface
of fifty percent (50%). Impervious Surface calculations are not provided, however, the project
appears to exceed this standard.
I would also note that the plans, as submitted, do not comply with required side yard setbacks, which are
a minimum five (5) feet, with a combined total of not less than fifteen (15) feet. The second story
balconies appear to be located five feet from both north and south property lines. The previous
regulations allowed certain projections into side yards, but this allowance was not extended to include
balconies. Eaves and cornices only are allowed to project into required side yards.
Page two
January 08, 2002
The proposed project consists of two platted lots, each lot containing a two-unit townhouse. A
combined total of fifteen (15) feet with a minimum five (5) foot setback must be provided on each lot,
and no structure above thirty inches in height may encroach into the required side yards.
In order to prepare a vested rights determination, information related to the history of the project and
evidence of a significant expenditure of funds is required. Such funds may include surveying, design
and engineering fees, preparation of construction plans and any permitting fees incurred. Please
provide this information and a chronology of the project which substantiates that planning for this
project was underway prior to the January 01, 2002 effective date of the amended zoning regulations.
Once this information is received, a vested rights determination will be provided to you as promptly as
possible. Please feel free to call me at 247-5817 with any questions.
Sincerely,
Sonya B. Doerr, AICP
Community Development Director
cc: Don Ford, CBO, Building Official