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701 Beach Avenue ZVL 04.12.2018 April 12, 2018 Sara Bergeron 3000 S. Berry Rd., Ste. 150 Norman, OK 73072 Re: 701 Beach Avenue Zoning Compliance Letter Ms. Bergeron, In response to your request for information on the above-mentioned property, staff has prepared the following. The property 701 Beach Avenue (Parcels 170237-0702; 170237-0702; 170237-0702; 170237- 0702; 170237-0702; 170237-0702; 170237-0702; 170237-0702; 170237-0702; 170237-0702; 170237-0702; 170237-0702) is located in the Residential, General, Multi-Family (RG-M) zoning district. Regulations for the RG-M zoning district are attached to this letter. The adjacent zoning districts are as follows: - North: Residential, Single-Family (RS-2) - South: Residential, Single Family (RS-2) - East: N/A (Oceanfront) - West: Residential, Single Family (RS-2) The subject property is also within the Residential Development Standards overlay district. Regulations for this overlay district are found in Section 24-172 and attached to this letter. According to the zoning ordinances and regulations, the subject property is a legally existing non- conforming use. See Section 24-85 (attached) for regulations on non-conforming uses. Attached is a letter regarding a variance that was granted in 1985 allowing a pool within the front yard setbacks of the subject property. It should be noted that the location of the pool is permitted under current zoning regulations. To the best of my knowledge, no additional variances or special exceptions are associated with this property. Our records show that there are no open or unresolved zoning code violations. Similarly, our records show no open or unresolved building code violations and/or complaints. The property was converted to condominiums in 1986. A copy of the certificate of occupancy from 1986 is attached and is the only certificate of occupancy in our records. The absence of a certificate of occupancy for this project is not a violation and will not give rise to any enforcement action City of Atlantic Beach Community Development 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 Fax (904) 247-5845 http://www.coab.us affecting the project. To the best of our knowledge, all certificates of occupancy have been issued. A certificate of occupancy will be required to the extent of any construction activity, restoring, renovating or expanding the project or any part thereof. The subject property was subject to site plan approval, but a copy of the original approved site plan cannot be found in our files. Attached is an approved site plan from 1985. If you have any questions, please feel free to contact me directly. Sincerely, Brian Broedell Planner Sec. 24-108. - Residential, multi-family district (RG-M). (a) Intent. The RG-M zoning district is intended for development of medium to high -density multi-family residential areas. All development of land and parcels within the RG -M zoning district 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 RG-M zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings subject to the density limitations. (3) Townhouses, subject to subject to the density limitations and compliance with article IV, subdivision regulations and section 24-87. (4) Multi-family dwellings, subject to the density limitations. (5) Accessory uses as set forth in section 24-151. (6) Government buildings and facilities. (7) Family day care homes and group care homes. (c) Uses-by-exception. Subject to the provisions of section 24-63, the following uses may be approved as a use-by-exception within the RG-M zoning district: (1) Churches. (2) Public and private recreation facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Child care centers. (4) Schools and Community Centers. (5) Home occupations subject to the provisions of section 24-159. (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed with a single-family residence subject to all applicable land development regulations; however, all lots created after January 1, 2002, must comply with the these minimum lot size requirements in order to obtain building permits authorizing development. The minimum size for lots within the RG-M zoning district, which are created after the January 1, 2002 initial effective date of these land development regulations, shall be as set forth herein. (1) Minimum lot or site area: a. Single-family dwellings: Seven thousand five hundred (7,500) square feet. b. Two-family dwellings or two-unit townhouse: Lands designated as low density by the future land use map: Fourteen thousand five hundred (14,500) square feet. Lands designated as medium density by the future land use map: Six thousand two hundred (6,200) square feet. Lands designated as high density by the future land use map: Five thousand (5,000) square feet. c. Multi-family dwellings: Minimum seven thousand five hundred (7,500) square feet parcel required, with maximum number of dwelling units determined by the density limitations as set forth in the comprehensive plan. (2) Minimum lot width in the RGM zoning district: Seventy-five (75) feet. (3) Minimum lot depth in the RG-M zoning district: One hundred (100) feet. (e) Minimum yard requirements. The minimum yard requirements in the RG-M zoning are: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either side. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side. c. Multi-family dwellings: Fifteen (15) feet each side. (f) Building restrictions. The building restrictions for the RG-M zoning district shall be as follows: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (35) feet. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-172. - Residential development standards. (a) Purpose and intent. The purpose and intent of these new regulations is to implement the goals, objectives and policies as set forth within the adopted 2015 Comprehensive Plan, restated in part below: Goal A.1 The city shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, natural, historic and cultural resources, and 4) maintains the city's distinct residential community character. Objective A.1.3 Maintaining residential character. The city shall encourage future development and redevelopm ent, which: 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach, and 2) provides for the preservation and protection of the dense tree canopy. Policy A.1.4.3 By December 31, 2005, the city shall consider amendments to its land development regulations, which include provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the city known as Old Atlantic Beach. Policy A.1.4.4 Within Old Atlantic Beach, the city shall consider options to discourage the redevelopment of residential lots in ways that are inconsistent and incompatible with the historic and existing built environment. The diversity of residential types is recognized as an asset to this community's unique character. The purpose of these regulations is also to regulate the future use and development of land in a manner that minimizes incompatible relationships within neighborhoods that may result from new development, which because of excessive height, mass or bulk may result in new development that excessively dominates established development patterns within neighborhoods or excessively restricts light, air, breezes or privacy on adjacent properties. The further intent of these regulations is to appropriately limit height and bulk and mass of residential structures in accordance with the expressed intent of the citizens of Atlantic Beach, and also to support and implement the recitals of Ordinance 90-06-195 and as more specifically enumerated below: (1) To ensure that buildings are compatible in mass and scale with those of buildings seen traditionally within the residential neighborhoods of Atlantic Beach. (2) To maintain the traditional scale of buildings as seen along the street. (3) To minimize negative visual impacts of larger new or remodeled buildings upon adjacent properties. (4) To promote access to light and air from adjacent properties. (5) To preserve and enhance the existing mature tree canopy, particularly within front yards. (b) Applicability. The development standards and provisions set forth within this section shall apply to development of single-family and two-family dwellings within that area of the city depicted by attachment a and generally referred to as Old Atlantic Beach, which for the purposes of this section shall be bounded by: Ahern Street and Sturdivant Avenue, between the beach and Seminole Road on the south; Seminole Road, extending north to 11th Street on the west; 11th Street extending east to East Coast Drive, and also including Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30 and 32 within Block 14 located on the north side of 11th Street and west of East Coast Drive; and East Coast Drive extending north to its terminus, then along Seminole Road to 16th Street, and 16th street extending east to the beach, with the beach being the eastern boundary of this area. Development, as used within this section, shall also include total redevelopment of lots and c ertain renovations and additions to single-family and two-family dwellings as set forth herein. (c) Additional residential development standards. The following standards and requirements shall apply to that area defined in preceding subsection (b), and as further and more specifically described for each particular standard or requirement: (1) Side wall planes. To avoid stark, exterior side walls from facing the sides of adjacent residences, particularly on two-story and three-story residences, the following standards shall apply to new two-story and three-story single-family and two-family dwellings; to renovations involving structural alterations or additions to the sides of existing single -family and two-family dwellings, and where a second or third-story is added to an existing single-family and two-family dwelling. a. Second and third-story exterior side walls, which exceed thirty-five (35) feet in length, shall provide horizontal offsets of at least four (4) feet, or architectural details, design elem ents or other features, which serve to break -up the appearance of the side wall, such that adjacent properties are not faced on the side by blank two-[story] or three-story walls void of any architectural design other than siding material or windows. b. Such design features may also include balconies, bay windows and other types of projecting windows or architectural details provided that these shall not extend more than twenty-four (24) inches into the required side yard, and that a minimum separation of ten (10) feet is maintained between such extensions into the required side yard and any other existing adjacent residential buildings. (2) Height to wall plate. For single-family and two-family dwellings, the maximum height to the top horizontal framing member of a wall from the first floor finished floor elevation shall not exceed twenty-two (22) feet. (3) Third floor footprint. In order to reduce the mass of taller single-family and two-family dwellings, the interior footprint of any third floor area shall not exceed fifty (50) percent of the size of the second floor interior footprint. (4) Shade trees. In order to sustain the city's existing tree canopy and to provide shade along the city's residential streets and sidewalks, one (1) shade tree shall be provided within the required front yard and an additional shade tree shall be required on the lot in a location at the property owner's discretion in accordance with the following provisions: a. This requirement shall apply to the construction of new sin gle-family and two-family dwellings and to structural alterations of any single-family and two-family dwelling. Such required trees shall be installed prior to issuance of a certificate of occupancy or prior to final inspections, as applicable. (The requirements of chapter 23 of this Code shall also apply.) b. Required shade trees shall have a minimum size of four -inch caliper at the time of installation. A list of recommended tree species is available from the city. c. Credit shall be provided for the following, and additional front yard shade trees shall not be required in such cases: 1. Where healthy canopy trees exist in the required front yard, which are listed on the recommended tree list and are at least four-inch caliper; or 2. Where oak trees exist in the required front yard, which are at least six (6) feet tall; or 3. Where healthy street trees exist in the adjacent right-of-way, which are listed on the city's recommended tree list and are at least four -inch caliper. Where installation of a front yard shade tree is required, such tree shall not be planted within rights -of-way or over underground utilities. d. Similarly, credit shall be given for the second required shade tree where such tree, as described above, exists elsewhere on the lot. (d) Special treatment of lawfully existing single-family and two-family dwellings, which would otherwise be made nonconforming by enactment of section 24-172, establishing these residential development standards. Any lawfully existing single-family or two-family dwelling, which has been constructed pursuant to properly issued building permits prior to the effective date of these residential development standards, adopted on September 11, 2006 by Ordinance Number 90 -06-195, shall be deemed a vested development, and any such single-family or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel containing the vested development, and shall not be considered as a nonconforming structure with respect to the regulations contai ned within this section. It is further the intent of this section to clarify when these residential development standards shall apply in the case of reconstruction or redevelopment following: (1) A natural act such as a hurricane, wind, flood or fire; or (2) Redevelopment initiated by a property owner or authorized agent for a property owner. The following provisions shall be limited only to those characteristics, which would otherwise be made nonconforming from the requirements of this section, which p rovides residential development standards. The provisions of section 24-85 shall otherwise apply to nonconforming lots, uses and structures. a. Structures damaged or destroyed by natural acts or by any means not resulting from the actions of the property owner. Any lawfully existing single-family or two-family dwelling, which has been constructed pursuant to properly issued building permits prior to the effective date of these residential development standards, adopted on September 11, 2006 by Ordinance Number 90-06-195, shall be deemed a vested development, and any single- family or two-family dwelling shall be considered a lawful permitted structure within the lot or parcel containing the vested development. Furthermore, an existing single -family or two- family dwelling for that particular structure, shall not be considered as a nonconforming structure such that it may be fully replaceable in its existing footprint and of the same size and architectural design, subject to all applicable building codes and ot her land development regulations controlling development and redevelopment of such lots or parcels. Any construction that exceeds the existing footprint shall be in compliance with all applicable provisions of this chapter including minimum yard requirements. b. Structures damaged, destroyed or demolished or expanded, by any means resulting from the actions of the property owner or authorized agent for a property owner. Single-family or two-family dwellings, which are rebuilt or renovated, or expanded by m ore than twenty-five (25) percent in floor area, shall be subject to applicable provisions of these residential development standards for that portion of the structure that is rebuilt, renovated or expanded. (e) Requests to vary from the provisions of the residential development standards. Recognizing that there may be alternative means by which to achieve the purpose and intent of this section, an applicant may request a variance to provisions of this section in accordance with the procedures as set forth within section 24-64 of this chapter, except that the following shall be considered as grounds to approve such requests. (Subsections (c) and (d) of section 24 -64 shall not be applicable to such requests.) Requests to vary from the provisions of the Residential Development Standards may be granted, at the discretion of the Community Development Board, upon finding that: a. The proposed development will not result in excessive height, mass or bulk that will excessively dominate the established development pattern within the neighborhood or excessively restricts light, air, breezes or privacy on adjacent properties. b. The proposed development will be compatible and consistent with the diversity of architectural styles and building forms found in Old Atlantic Beach. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10) Sec. 24-85. - Nonconforming lots, uses and structures. (a) Intent. Within the established zoning districts, there exist lots, structures and uses of land that were lawful prior to the adoption or amendment of these land development regulations. Such lots, uses and structures would be prohibited, restricted or regulated through the provisions of this chapter or the adopted comprehensive plan. It is the intent of this section to recognize the legal rights entitled to property owners of existing nonconforming lots, uses and structures, and to permit such nonconformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. Furthermore, the presence of any nonconforming characteristic shall not be considered as justification for the granting of variances, and any nonconforming structure or use, which is made conforming, shall not be permitted to revert to any nonconforming structure or use. (b) Nonconforming lots of record. (1) Where a lot or parcel of land has a lot area or frontage that does not conform with the requirements of the zoning district in which it is located, but was a legally established and documented lot of record prior to the adoption of this Code or previous codes and applicable City of Atlantic Beach ordinances, such lot or parcel of land may be used for one single -family dwelling in any residential zoning district, provided the minimum yard requirements for that residential zoning district are maintained, or provided that the owner of said lot h as obtained a variance from the community development board, in accordance with the requirements of section 24-64 of this chapter. (2) In any zoning district, on a legally established and documented nonconforming lot of record that existed prior to the initial effective date of these land development regulations, a structure may be expanded or enlarged provided such expansion or enlargement complies with other provisions of this chapter, including yard requirements or with the terms of a valid variance. (3) After the initial effective date of these land development regulations, no single -family, townhouse, two-family (duplex) or multi-family structure shall be allowed on a single-family residential lot or a combination of such lots unless the total lot are a proposed for development complies with the regulations as set forth within this chapter and with the density limitations as set forth within the comprehensive plan, unless otherwise exempted in preceding paragraph (1) or in accordance with a valid unexpired vesting determination. (4) After the initial effective date of these land development regulations, no lot or parcel in any zoning district shall be divided to create a lot with area or width below the requirements of this chapter and the comprehensive plan. (c) Nonconforming structures. (1) No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable provisions of this chapter, including building setbacks, or unless a variance has been obtained from the community development board, in accordance with the requirements of section 24 -64 of this chapter. (2) Any nonconforming structure, or portion thereof, that is declared unsafe may be restored to a safe condition. Building permits shall be required. (3) A nonconforming structure may be maintained, and repairs and alterations may be made subject to the provisions of this section. (4) No additional structure not conforming to the requirements of this chapter sh all be constructed in connection with the nonconforming use of land. (5) Any existing nonconforming structure that is encroaching into public right -of-way shall not be rebuilt, enlarged, or structurally altered unless such encroachment is removed. (6) Residential structures which were lawfully existing, but nonconforming with respect to required building setbacks may be reconstructed within the previously existing footprint, provided that where any exterior side wall is reconstructed, a minimum five-foot side yard setback shall be required. This provision shall apply only to reconstruction following damage that has occurred from an unintended act, including fire and weather related events, and not from an intentional act of the property owner or occupant, in which case the required building setbacks of the particular zoning district shall be required. (d) Nonconforming uses. (1) Continuation of nonconforming uses. Uses of land which were lawfully created at the time such uses were established, but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan, may be continued so long as they remain otherwise lawful and in compliance with the provisions of this section. (2) Relocation or expansion of nonconforming uses. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located, nor shall a nonconforming use be expanded or enlarged. (3) Discontinuance of nonconforming uses. In the event that a nonconforming use of land is discontinued or abandoned for a period of six (6) months or longer, any subsequent use of such land shall conform to the applicable zoning district regulations as set for th within this chapter as well as applicable provisions of the comprehensive plan. (4) In the event that more than fifty (50) percent of the value of a nonconforming structure, which is occupied by a nonconforming use, is destroyed, the structure shall not be re-occupied by any nonconforming use and shall be reconstructed only in compliance with the provisions of this chapter. In determining the value of a nonconforming structure, either the assessed value or the appraised value may be considered, subject to approval of the building official. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)