10-18-21 Special Called Meeting of the City Commission Original AgendaCity of Atlantic Beach
Agenda
Special Called Meeting of the City Commission
Monday, October 18, 2021 - 5:15 p.m.
Commission Chamber
City Hall, 800 Seminole Road
INVOCATION AND PLEDGE OF ALLEGIANCE
Page(s)
. CALL TO ORDER
2. PUBLIC HEARING ON WAIVER REQUEST (WAIV21-0003) FOR 1220 SELVA MARINA DRIVE
Request for a waiver as permitted by Section 24-66 to waive the provision of a minimum 100 foot lot
width as required by Section 24-104 and to waive the minimum 75 foot width at the building
restriction line (BRL) as required by Section 24-256 to allow the subdivision of an existing lot into two
lots.
2.A. City Attorney Procedural Reminders 3 - 5
Waiver Hearing Procedures
2.B. Disclosure of Ex Parte Communications, if any
2.C. Swearing in of all persons who will speak
2.D. City Staff Overview
Staff Report and Application
2.E. Applicant Presentation
2.F. Public Comments
2.G. Closing Comments/Rebuttal
2.H. Commission Deliberation and Action
3. ADJOURNMENT
7-26
This meeting will be live -streamed and videotaped. To access live or recorded videos, click on
the Meeting Videos tab on the city's home page at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Page 1 of 26
Special Called Meeting of the City Commission - 18 Oct 2021
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk's Office by 5:00 PM, the Friday prior to the meeting.
Page 2 of 26
Agenda Item #2.A.
18 Oct 2021
CITY OF ATLANTIC BEACH
WAIVER HEARING PROCEDURES
1220 Selva Marina Circle
Quasi-judicial proceedings, such as rczonings, uses by exception, variances and waiver
requests, are not controlled by strict rules of evidence and procedure, but certain standards of basic
fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the parties
must be able to present evidence, cross-examine witnesses and be informed of all of the facts upon
which the Commission acts. The hearing must be fair and impartial and contain the following
requirements:
• Notice
• Quasi-judicial hearings can be very informal. The record must be made at the hearing
and the parties must be able to comment on the evidence or to introduce contrary
evidence
• Written decision. The decision must be based on the record as it is produced at the
hearing and should include an analysis of the applicable statutes, ordinances,
regulations and policies as well as the facts
• Fairness protections require an unbiased decision maker and decisions are to be based
on information presented at the hearing and made a part of the record
Suggested Procedure for Waiver Hearing, WAIV21-0003
• Mayor to Open Hearing
• City Attorney — Procedural reminders/correspondence made part of record/swearing in
of staff, applicant and any person(s) wanting to testify before Commission on this
matter.
• Disclosure by the Commission members of any ex parte communications (per
Resolution 95-26, each Commissioner must disclose the subject of the communication
and the identity of the person, group or entity who made the communication before
final action).
• Staff presents an overview of the subject matter and timeline of the application.
• Applicant, and/or Applicant's legal counsel, present the request and support for
approving the waiver request and Applicant's witnesses, if any, make presentations.
• Public comments — 3 or 5 minutes, depending on number of speaker cards submitted to
Clerk.
• Closing comments/rebuttal by Applicant (may include cross-examination if requested).
• Commission deliberation and action, based on provisions set forth in Section 24-66,
Land Development Regulations, Waivers, which will be memorialized in the writing.
• Commission may approve, approve with conditions or deny the waiver request.
• Per Section 24-66, a waiver may be approved only upon a showing of good cause and
that an alternative to the specific provision (here, §24-104(d)(2) & 24-256(a)), Lot
Width) will be provided which conforms to the general intent and spirit of the Land
Development Regulations. The Commission may not approve a waiver unless it finds
that compliance with the subject Code provision (§24-104(d)(2) & 24-256(a)) would
be: 1) unreasonable; 2) in conflict with the public interest; or 3) a practical
impossibility.
Page 3 of 26
Agenda Item #2.A.
18 Oct 2021
REFERENCED CODE SECTIONS
Sec. 24-66. - Waiver.
(a) General. Except for those waivers authorized by section 24-190, where the city commission
finds that undue hardship due to unreasonable practical difficulties may result from strict
compliance with this chapter, the city commission may approve a waiver.
(b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a
written request for the waiver stating the reasons for thc waiver and the facts, which support the
waiver. The city commission shall not approve a waiver unless:
(1) Compliance with such provision(s) would be unreasonable; or
(2) Compliance with such provision(s) are in conflict with the public interest; or
(3) Compliance with such provision(s) are a practical impossibility.
(c) A waiver shall not modify any requirement or term customarily considered as a variance.
(d) A waiver shall be considered only in cases where alternative administrative procedures are
not set forth within the city Code of Ordinances.
(e) A waiver from the land development regulations may he approved only upon showing of
good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall
be provided, which conforms to the general intent and spirit of these land development
regulations. In considering any request for a waiver from these land development regulations, the
city commission may require conditions as appropriate to ensure that the intent of these land
development regulations is enforced.
Sec. 24-104. - Residential, single-family—Large lot district (RS -L).
(d) II/Thulium lot size. Existing legally established lots of record may exist, which (10 not meet
the following lot width, depth or area requirements. These lots may he developed subject to all
applicable land development regulations; however, all lots created after the February 27, 2006
effective date of Ordinance 90-06-189, shall comply with these minimum lot size requirements
in order to obtain building permits authorizing development.
The minimum size for lots within the RS -L zoning district shall bc:
(1) Minimum lot or site arca: Ten thousand (10,000) square feet.
(2) Minimum lot width: One hundred (100) feet.
(3) Minimum lot dcpth: One hundred (100) feet.
Page 4 of 26
Agenda Item #2.A.
18 Oct 2021
Sec. 24-256. - Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum building setback
lines shall be appropriate for the location of the development and for the type of development
and use proposed. Lot arrangement and design shall be such that all lots shall provide
satisfactory and desirable building sites. Minimum sizes for lots shall be as set forth within the
applicable zoning district requirements. Unless expressly provided for within this chapter, no
residential lot created after the initial effective date of these land development regulations shall
have a width of less than seventy-five (75) feet at the building restriction line, or shall it contain
less than seven thousand five hundred (7,500) square feet unless approved as part of a planned
unit development, special planned area or as part of the development of townhouses.
(h) Dimensions. Lot dimensions shall conform to the requirements of article III of this chapter,
and the depth and width of properties reserved or laid out for commercial and industrial purposes
shall be adequate to provide for the off-street service and parking facilities required by the type
of use and development proposed.
(c) Residential corner lots. Corner lots for residential use shall have extra width, greater than a
corresponding interior lot, to accommodate the required building setbacks from any orientation
to both streets.
(d) Street access. All lots shall be provided with satisfactory and permanent access to a paved
public street. No new lot shall he created, which prohibits established access or reasonable access
to an abutting property.
(e) Double frontage (through) lots. Creation of new residential lots having double street frontage
shall be avoided.
(f) Building restriction lines. The developer shall establish building restriction lines in
accordance with approved final subdivision plat, and such building restriction lines shall be
shown on the recorded plat.
Page 5 of 26
Page 6 of 26
AGENDA ITEM:
Agenda Item #2.D.
18 Oct 2021
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
WAIV21-0003 Public Hearing
Request for a waiver as permitted by Section 24-66 to waive the
provision of a minimum 100 -foot lot width as required by Section 24-
104 and to waive the minimum 75 -foot width at the building
restriction line (BRL) as required by Section 24-256 to allow the
subdivision of an existing lot into two lots.
SUBMITTED BY: Amanda Askew, Director of Planning and Community Development
TODAY'S DATE: October 13, 2021
MEETING DATE: October 18, 2021
BACKGROUND: The applicant Driver, McAfee,
Hawthorne & Diebenow, PLLC is representing the owners of 1•
1220 Selva Marina Circle. This property is located within the
Residential Single -Family, Large -Lot (RS -L) zoning district
and is within the Residential Low Density (RL) future land 1
use designation. The minimum lot size in the RS -L zoning 1:
district is 100 feet in width, 100 feet in depth, and 10,000
363
square feet in total lot area. All newly created lots are 1
required to meet these minimum size requirements.
1365
1385
1250
The property is currently one platted lot that is 27,622 square
feet in lot arca and was developed
with one single family home in 1955.
The applicant is requesting to divide
the property into two individual,
single-family lots. It currently has 114
feet of lot width at the front property
line and each proposed lot is
approximately 61 to 63 feet in lot
width at the platted Building
Restriction Line (BRL). The proposed
new lots would he 13,940 square feet
and 14,132 square feet in area, both
exceeding the 10,000 square foot
minimum lot area required. Similarly,
both proposed new lots would exceed
,
the minimum 100 foot depth
requiretnent. However, neither of the 11 -
proposed new lots would meet the
I
1210
341
1225
1215
315
1380
315
1360
1320
1300
si
1270
1250
1220
Page 7 of 26
Agenda Item #2.D.
18 Oct 2021
minimum 100 foot lot width required nor would the lots meet the minimum 75 foot width required at the
Building Restriction Line (BRL).
Per Section 24-17, minimum lot width is defined as "the mean horizontal distance between the side lot
lines, measured at right angles to its depth." I,ot depth is measured from the center point of the front and
rear lot lines. By calculating the mean of three equidistant horizontal measurements at right angles to the
lot depth, staff calculated each proposed lot to be roughly 70 feet in width. 'This is short of the minimum
100 foot width required.
In addition, Section 24-256 states "no residential lot created after the initial effective date of these land
development regulations shall have a width of less than seventy-five (75) feet at the building restriction
line". This property has a platted 35 foot building restriction line (BRL) across the front of the lot. At this
35 foot BRL, the width of each proposed lot would be about 60 feet. This is short of the minimum 75 foot
width required.
RESIDENTIAL, SINGLE-FAMILY, LARGE LOT (RS -L) ZONING DISTRICT
The RS -L zoning district was created in 2006. Prior to 2006, the minimum lot sizes required in this
neighborhood were 75 feet in width, 100 feet in depth, and 7,500 square feet in lot area. In 2004 and
2005, multiple larger lots were divided into several smaller lots which ultimately resulted in the city
creating the RS -L zoning district in 2006. The RS -L zoning district established larger minimum lot sizes
(10,000 st) than the previous zoning district (7,500 sf). The intent of the RS -L zoning district, per Section
24-104 is "for development of low density single-family residential uses in areas where traditional
established lot sizes are larger than those typically located throughout the City of Atlantic Beach."
Changes in lot sizes from 2004 to present:
2004
itgo three
lots in 2015,
i43
141
1310
1310
34i
2021 ,t
03)3413,
339
tat,.
114
Page 8 of 26
Agenda Item #2.D.
18 Oct 2021
WAIVERS
Where the city commission finds that undue hardship due to unreasonable practical difficulties may result
from strict compliance with this chapter, the city commission may approve a waiver.
The city commission shall not approve a waiver unless:
(1) Compliance with such provision(s) would be unreasonable; or
(2) Compliance with such provision(s) are in conflict with the public interest; or
(3) Compliance with such provision(s) are a practical impossibility.
A waiver from the land development regulations may be approved only upon showing of good cause,
and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which
conforms to the general intent and spirit of these land development regulations. In considering any
request for a waiver from these land development regulations, the city commission may require
conditions as appropriate to ensure that the intent of these land development regulations is enforced.
BUDGET: None
RECOMMENDATION: Commission to consider waiver WAIV21-0003
ATTACHMENT(S): Waiver Hearing Procedures
Application request
REY' BY CITY
Page 9 of 26
Agenda Item #2.D.
18 Oct 2021
CITY OF ATLANTIC BEACH
WAIVER HEARING PROCEDURES
1220 Selva Marina Circle
Quasi-judicial proceedings, such as rezonings, uses by exception, variances and waiver
requests, are not controlled by strict rules of evidence and procedure, but certain standards of basic
fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the parties
must be able to present evidence, cross-examine witnesses and be informed of all of the facts upon
which the Commission acts. The hearing must be fair and impartial and contain the following
requirements:
• Notice
• Quasi-judicial hearings can be very informal. The record must be made at the hearing
and the parties must be able to comment on the evidence or to introduce contrary
evidence
• Written decision. The decision must be based on the record as it is produced at the
hearing and should include an analysis of the applicable statutes, ordinances,
regulations and policies as well as the facts
• Fairness protections require an unbiased decision maker and decisions are to be based
on information presented at the hearing and made a part of the record
Suggested Procedure for Waiver Hearing, WA1V21-0003
• Mayor to Open Hearing
• City Attorney — Procedural reminders/correspondence made part of record/swearing in
of staff, applicant and any person(s) wanting to testify before Commission on this
matter.
• Disclosure by the Commission members of any ex parte communications (per
Resolution 95-26, each Commissioner must disclose the subject of the communication
and the identity of the person, group or entity who made the communication before
final action).
• Staff presents an overview of the subject matter and timeline of the application.
• Applicant, and/or Applicant's legal counsel, present the request and support for
approving the waiver request and Applicant's witnesses, if any, make presentations.
• Public comments — 3 or 5 minutes, depending on number of speaker cards submitted to
Clerk.
• Closing comments/rebuttal by Applicant (may include cross-examination if requested).
• Commission deliberation and action, based on provisions set forth in Section 24-66,
Land Development Regulations, Waivers, which will be memorialized in the writing.
• Commission may approve, approve with conditions or deny the waiver request.
• Per Section 24-66, a waiver may be approved only upon a showing of good cause and
that an alternative to the specific provision (here, §24-104(d)(2) & 24-256(a)), Lot
Width) will be provided which conforms to the general intent and spirit of the Land
Development Regulations. The Commission may not approve a waiver unless it finds
that compliance with the subject Code provision (§24-104(d)(2) & 24-256(a)) would
be: 1) unreasonable; 2) in conflict with the public interest; or 3) a practical
impossibility.
Page 10 of 26
Agenda Item #2.D.
18 Oct 2021
REFERENCED CODE SECTIONS
Sec. 24-66. - Waiver.
(a) General. Except for those waivers authorized by section 24- 190. where the city commission
finds that undue hardship due to unreasonable practical difficulties may result from strict
compliance with this chapter, the city commission may approve a waiver.
(b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a
written request for the waiver stating the reasons for the waiver and the facts, which support the
waiver. The city commission shall not approve a waiver unless:
(1) Compliance with such provision(s) would be unreasonable; or
(2) Compliance with such provision(s) are in conflict with the public interest; or
(3) Compliance with such provision(s) arc a practical impossibility.
(c) A waiver shall not modify any requirement or term customarily considered as a variance.
(d) A waiver shall be considered only in cases where alternative administrative procedures are
not set forth within thc city Code of Ordinances.
(e) A waiver from the land development regulations may be approved only upon showing of
good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall
be provided, which conforms to the general intent and spirit of these land development
regulations. In considering any request for a waiver from these land development regulations, the
city commission may require conditions as appropriate to ensure that the intent of these land
development regulations is enforced.
Sec. 24-104. - Residential, single-family—Large lot district (RS -L).
(d) lot size. Existing legally established lots of record may exist, which do not meet
the following lot width, depth or area requirements. These lots may be developed subject to all
applicable land development regulations; however, all lots created after the February 27, 2006
effective date of Ordinance 90-06-189, shall comply with these minimum lot size requirements
in order to obtain building permits authorizing development.
The minimum size for lots within the RS -L zoning district shall be:
(1) Minimum lot or site area: Ten thousand (10,000) square feet.
(2) Minimum lot width: One hundred (100) feet.
(3) Minimum lot depth: One hundred (100) feet.
Page 11_ of 26
Agenda Item #2.D.
18 Oct 2021
Sec. 24-256. - Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum building setback
lines shall be appropriate for the location of the development and for the type of development
and use proposed. Lot arrangement and design shall he such that all lots shall provide
satisfactory and desirable building sites. Minimum sizes for lots shall he as set forth within the
applicable zoning district requirements. Unless expressly provided for within this chapter, no
residential lot created after the initial effective date of these land development regulations shall
have a width of less than seventy-five (75) feet at the building restriction line, or shall it contain
less than seven thousand five hundred (7,500) square feet unless approved as part of a planned
unit development, special planned area or as part of the development of townhouses.
(h) Dill7CliSi0175% Lot dimensions shall conform to the requirements of article III of this chapter,
and the depth and width of properties reserved or laid out for commercial and industrial purposes
shall be adequate to provide for the off-street service and parking facilities required by the type
of use and development proposed.
(c) Residential corner lots. Corner lots for residential use shall have extra width, greater than a
corresponding interior lot, to accommodate the required building setbacks from any orientation
to both streets.
(d) Street access. All lots shall he provided with satisfactory and permanent access to a paved
public street. No new lot shall be created, which prohibits established access or reasonable access
to an abutting property.
(e) Double frontage (through) lois. Creation of new residential lots having double street frontage
shall be avoided.
(f) Building restriction lines. The developer shall establish building restriction lines in
accordance with approved final subdivision plat, and such building restriction lines shall be
shown on the recorded plat.
Page 12 of 26
LAND DEVELOPMENT REGULATIONS WAIVER
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
FOR INTERNAL OFFICE USE ONLY
FILE # WAIV21-0003
EJ $300.00 Application Fee
APPLICANT INFORMATION
NAME Driver, McAfee, Hawthorne & Diebenow, PLLC EMAIL ctrimmer@drivermcafee.com
ADDRESS 1 Independent Drive, Ste 1200 PHONE # (904) 807-0185
STATE FL ZIP CODE 32202 CELL #
CITY Jacksonville
SITE INFORMATION
ADDRESS 1220 Selva Marina Circle
SUBDIVISION Selva Marina
RE# 171915-0000
Agenda Item #2.D.
18 Oct 2021
BLOCK 1 LOT 10, 31, 32
LOT/PARCEL SIZE 0.64 ZONING CODE RS -L
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION RL
REQUESTED PROVISIONS FROM WHICH WAIVER IS SOUGHT Waiver of lot frontage/width from 100 feet to 56 feet
PROVIDE ALL OF THE FOLLOWING INFORMATION:
1. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record of
owner as above.
2. Survey and legal description of property.
3. If the applicant Is not the owner, provide a letter of authorization from the owner(s) for applicant to represent
the owner for all purposes related to this application.
4. Please submit a written request for the waiver stating the reasons for the waiver and the facts which support the waiver.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
•
SIGNA URE OF APPLICANT
SIGNATURE OF APPLICANT (2)
Signed and sworn before me on this 2 S'day of 14500
CIAGiy -rr; wi di e r
Identification verified: FLdrIveiri 1: ce i--, 5 e
"T
I ...,
Oath Sworn: 0 Yes '.': MATTHEW BREUER f
.4
4 i. .- Notary Public - State of Florida-
Commission M GG 30316 Nary nature
My Comm. Expires Jun 25, 2023 i
expires
15 LAND DEV REGULATION WAIVER 0118.2020
P T OR TYPE NPME
1>y pt.( 61/C
DATE
PRINT OR TYPE NAME
DATE
2.02-1 by State of FL -0 ,0 0A
County of
Page 13 of 26
Agenda Item #2.D.
18 Oct 2021
Section 24-66 permits the City Commission to authorizlimited Waivers, on a case-by-case basis, from a specific
provision(s) of these Land DevelopmenRegulations when It 15 demonstrated that compliance with such provision(s)
would be unreasonable, in conflict with the public interest, ura practical impossibility. A W&ver from these Land
Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative
to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land
Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City
Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is
enforced. A Waiver shall not modify any requirement or term customarily corisidered as a Variance or any requirement
or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are
not set forth within the City Code ofOrdinances.
Statement of facts and any special reasori(s) for the requested Waiver, which demonstrates compliance with Section
24-66 of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request
complies with the Conditions necessary for the City Commission to approve this request. Please attach additional
pages ifneeded.
See attached sheet.
oLAND DEV REGULATION WAIVER o�28.2mo
/
Page 14 of 26
Doc # 2008233623, OR BK 14635 Page 2360, Number Pages; 2, Recorded 09/11/2008
04;30 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00
In Re;
IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL. COUNTY, FLORIDA
CASE NO.: 6- ,za96....cp_65z_i
DIVISION: PR -
PROBATE DIVISION
The Estate of
JOSEPHINE F. TASSONE,
Deceased.
ORDER OF SUMMARY ADMINISTRATION
On the Petition of FRANK J. TASSONE, JR., for summary
administration of the estate of JOSEPHINE F. TASSONE, deceased, the
Court, finding that the decedent died on November 27, 2007; that all
interested parties have been served proper notice of hearing or have
waived notice thereof, that the material allegations of the Petition
are true; that a copy of the will dated September 23, 1980, has been
admitted to probate via Petition to Establish Last Will and Testament;
and that decedent's estate qualified for summary administration and an
Order of Summary Administration should be entered, accordingly it is:
ORDERED;
1. There be immediate distribution of the assets of the
decedent as follows;
NAME ADDRESS PERCENTAGE
BRUNO FARO TASSONE 4565 Lake Forrest Dr. N.E. One -Fourth *
Atlanta, GA 30342
FRANK J. TASSONE, JR. 844 Sorrento Road One -Fourth
Jacksonville, FL 32207
THERESA TASSONE FITZSIMMONS 3248 Lexington Road One -Fourth
Montgomery, AL 36306
GRACE TASSONE WILSON 3801 Woody Grove Lane One -Fourth
Charlotte, NC 28210
LESS $10,000.00 representing a previous advance of his share.
Agenda Item #2.D.
18 Oct 2021
Page 15 of 26
OR BK 14635 PAGE 2361
2. Those to whom specified parts of the decedent's estate are
assigned by this Order shall be entitled to receive and collect the
same, and to maintain actions to enforce the right.
3. Debtors of the decedent, those holding property of the
decedent, and those with whom securities or other property of decedent
are registered, are authorized and empowered to comply with this Order
by paying, delivering, or transferring to those specified above the
parts of the decedent's estate assigned to them by this Order, and the
persons so paying, delivering, or transferring shall not be
accountable to anyone else for the property.
ORDERED at Jacksonville, Florida, this /iP day of
2008r
Copies Furnished To:
Frank Tassone, Esquire
1833 Atlantic Boulevard
Jacksonville, FL 32207
Theresa Tassone Fitzsimmons
3248 Lexington Road
Montgomery, AL 36106
Grace Tassone Wilson
3801 Woody Grove Lane
Charlotte, NC 28210
Bruno Faro Tassone
4565 Lake Forrest Drive, N.E.
Atlanta, GA 30342
C RCUIT JUDGE
CAI:memento and Settinge\adeartne\Local Settinge\Tesporary Internet PilvemAIX89\ORDER OF SuKKARY ADMINISTRATION JULY
200a.deeds\neruments and SettInge\Pdaaring\Iscal SettingaVremperary Internet rilaaNOLKIISAORDSR OF SUMMARY ADMINISTRATION
2008.doc
2
Agenda Item #2.D.
18 Oct 2021
Page 16 of 26
0 1,e9 40
SCALE: 1' . CO*
Lor 11
976; E
101 9
_ _mrJsoeE 53,490 5F
n:a, --
PARCEL 1
n
0
14,132 SF
107 35
NOTES:
1. 1145 IS PROPOS 8 LOT UT OUT.
2. 6o0110ABY RFORNA110N FAON SURVEY
2021-0909. DAZED JYNE 9. 2921.
1 COMM BASSO ON WESTERLY R0NT OF WAY LBC OF
SELV5 INUNNA CRME 9000 SOSIOG8'E AS PER PUT.
A. BUM. RE5RRC604 UNE PER PLAT.
7010 PROPERTY DESCRIBED HEREON UES 64 FLOOD
ZONE "X' (AREA OF MINIMAL FLOOD HAZARD) A5 WELL
AS CAN BE DETERMINED FROM THE FLOOD INSURANCE
RATE MAP NUMBER 1203100409J, REVISED NOVEMBER
2, 2018 FOR DUVAL COUNTY, FLORIDA.
SEL`/A \IE
PLAT 900K 60,
LOT 3
BOATWRIGHT LAND SURVEYORS, Inc.
`p PO LOT 32
(DE
PAGE 150
>s�
211601
MAP SHOWING SURVEY OF
PART OF LOTS 10, 31, 006 32, BLOCK 1, SEIVA MARINA UNIT No.
^� 1 A5 RECORDED IN PLAT BOOK 23, PAGE 4, OF 711E CURRENT
\ PU8UC RECORDS OF DUVAL COUNTY, F101000.
PARCEL 1:
PART OF LOTS 31 AND 32, BLOCK 1, SELVA MARINA UNIT No. 1
A5 RECORDED IN PLAT BOOK 23, PAGE 4, OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOU.OWS: BEGINNING AT 119E
SOUTHEASTERLY CORNER OF LOT 32, THENCE SOUTH 83'42'00"
WEST ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 32, A
DISTANCE OF 183.41 FEET; THENCE NORTH 23'24'33" WEST. A
DISTANCE OF 104.97 FEET TO THE NORTHWESTERLY CORNER OF
SAID LOT 32: THENCE NORTH 74'49'34" EAST ALONG THE
NORTHERLY BOUNDARY OF SAID LOT 32, A DISTANCE OF 41 FEET
TO THE SOUTHWESTERLY CORNER OF LOT 31; THENCE NORTH
2606'51" EAST ALONG THE WESTERLY BOUNDARY OF SAID UT 31
A DISTANCE OF 68.27 FEET TO THE MOST EASTERLY CORNER OF
LOT 10: THENCE SOUTH 76'32'37' EAST, A DISTANCE OF 145.76
FEET TO A POINT ON 711E EASTERLY BOUNDARY OF OF SAID LOT
31, SAID POINT LYING NORTH 0618' NEST A DISTANCE OF 35
FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 31;
THENCE SOU111 0618' EAST ALON0 THE EASTERLY BOUNDARY OF
SAID 1015 31 AND 32, A DISTANCE OF 115 FEET TO THE PONT
OF BEGINNING. EXCEPTING THEREFROM THAT PART OF DESCRIBED
1 IN DEED RECORDED 1758, PAGE 334.
LESS AND EXCEPT THE SOUTH 1 FOOT OF LOT 32, BLOCK 1,
5ELVA MARINA UNIT No. 1 AS RECORDED IN PIAT 800K 23, PACE
4, OF THE CURRENT PUBUC RECORDS OF DUVAL COUNTY,
FLORIDA.
(/1 1 PARCEL 2:
." FFT 'THAT PART OF LOT 10 LYING SOUTHEASTERLY OF A UNE DRAWN
0 1' FROM THE MOST SOUTHERLY CORNER OF SAID LOT 10 TO THE
9 G MOST EASTERLY CORNER OF SAID LOT 10, BLOCK 1, SUVA
FA
'x. MARINA, UNIT 110. 1, 0S 8000009.0 M PLAT 800K 23, PAGE
a C I7HE CURRENT P08UC 0000000 OF 0UVA1 COUNTY, P10RIDA
1 r4n
1 11?› fl
D
0 I Q
ga 73
fn
LOT 1
1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA (904)241-8550
THIS SURVEY WAS MADE FOR 114E BENEFIT OF
TASSONE PROPERTY DIVISION PROJECT
4, OF
JASON D. BOATWRIGHT, P.S.M.
FLORIDA LICENSED SURVEYOR o04 MAPPER No. IS 7292
FLORIDA LICENSE8 SURVEYING 4: NAPPING BUSINESS Na. LB 3672
love AUGUST 11. 2021
Agenda Item #2.D.
18 Oct 2021
LEGAL DESCRIPTION
August 25, 2021
PART OF LOTS 10, 31, and 32, BLOCK 1, SELVA MARINA UNIT NO. 1 AS RECORDED IN PLAT
BOOK 23, PAGE 4, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
PARCEL 1:
PART OF LOTS 31 AND 32, BLOCK 1, SELVA MARINA UNIT NO. I AS RECORDED IN PLAT
BOOK 23, PAGE 4, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER
OF LOT 32, THENCE SOUTH 83°42'00" WEST ALONG THE SOUTHERLY BOUNDARY OF SAID
LOT 32, A DISTANCE OF 183.41 FEET; THENCE NORTH 23°24'33" WEST, A DISTANCE OF 104.97
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 32; THENCE NORTH 74°4934" EAST
ALONG THE NORTHERLY BOUNDARY OF SAID LOT 32, A DISTANCE OF 41 FEET TO THE
SOUTHWESTERLY CORNER OF LOT 31; THENCE NORTH 26°06'51" EAST ALONG THE
WESTERLY BOUNDARY OF SAID LOT 31 A DISTANCE OF 68.27 FEET TO THE MOST
EASTERLY CORNER OF LOT 10; THENCE SOUTH 76°3237" EAST, A DISTANCE OF 145.76 FEET
TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 31 , SAID POINT LYING NORTH
06°18' WEST A DISTANCE OF 35 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 31;
THENCE SOUTH 06°18' EAST ALONG THE EASTERLY BOUNDARY OF SAID LOTS 31 AND 32,
A DISTANCE OF 115 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT
PART OF DESCRIBED IN DEED RECORDED 1758, PAGE 334.
LESS AND EXCEPT THE SOUTH 1 FOOT OF LOT 32, BLOCK 1, SELVA MARINA UNIT NO. 1 AS
RECORDED IN PLAT BOOK 23, PAGE 4, OF TIIE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
PARCEL 2:
THAT PART OF LOT 10 LYING SOUTHEASTERLY OF A LINE DRAWN FROM THE MOST
SOUTHERLY CORNER OF SAID LOT 10 TO THE MOST EASTERLY CORNER OF SAID LOT 10,
BLOCK 1, SELVA MARINA, UNIT NO. I, AS RECORDED IN PLAT BOOK 23, PAGE 4, OF THE
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
Exhibit 1
Page 1 of 1
Page 18 of 26
OWNER'S AUTHORIZATION FOR AGENT
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
OWNER INFORMATION
NAME Bruno F. Tassone
ADDRESS 7) p b ( I eki
CITY Sp,(GtSdr-0.-
AGENT INFORMATION
NAME Drive, McAfee, Hawthorne & Diebenow, PLLC
ADDRESS 1 Independent Drive, Suite 1200
CITY Jacksonville
STATE
STATE FL
PHONE#
CELL #
ZIP CODE 3N 2,,,5S-
PHONE
3S
PHONE # (904) 807-0185
CELL #
ZIP CODE 32202
Agenda Item #2.D.
18 Oct 2021
Driver, McAfee, Hawthorne & Diebenow, PLLChereby authorized to act on behalf of Bruno F. Tassone
the owner(s) of those lands described within the attached application and as described in the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
❑ BUILDING PERMIT
❑ TREE PERMIT
❑ SIGN PERMIT
❑ USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT
❑ ZONING VARIANCE 0 PLAT, REPEAT OR LOT DIVISION
❑ ZONING MAP AMENDMENT ® OTHER Waiver of frontage
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
SIGN/A, OF OWNER
SIGNATURE OF OWNER #2
Signed and sworn before me on this
'EY U(no l 2y.tS-a✓tG
Identification verified: YL L.
Oath Sworn:
Yes 0 No
11 OWNERS AUTHORIZATION 03.01,2018
day o
Bruno F. Tassone
PRINT OR TYPE NAME
PRINT OR TYPE NAME
KRISTA BURRY
Commission # GG 984338
Expires May 4, 2024
Bonded TNu Budge( Way Santo
7- al . 2�
DATE
DATE
2457- I by State of -P�L
County of ✓1,1.
Notary Signature
My Commission expires Si N /21
Page 19 of 26
OWNER'S AUTHORIZATION FOR AGENT
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
OWNER INFORMATION
NAME Theresa Fitzsimmons
ADDRESS 2)2
CITY z3 (I A-40 rlerj
L.)
AGENT INFORMATION
NAME Drive, McAfee, Hawthorne & Diebenow, PLLC
ADDRESS 1 Independent Drive, Suite 1200
CITY Jacksonville
STATE
STATE FL
PHONE #
CELL #
ZIP CODE S
PHONE # (904) 807-0185
CELL #
ZIP CODE 32202
Agenda Item #2.D.
18 Oct 2021
Driver, McAfee, Hawthorne & Diebenow, PLI Theresa Fitzsimmons
rs-nereby authorized to act on behalf of
the owner(s) of those lands described within the attached application and as described in the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
0 BUILDING PERMIT 0 USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT
0 TREE PERMIT 0 ZONING VARIANCE 0 PLAT, REPLAT OR LOT DIVISION
0 SIGN PERMIT El ZONING MAP AMENDMENT OTHER Waiver of frontage
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
IGNATURE OF 0
SIGNATURE OF OWNER #2
Signed and sworn before me on this
here 44' T;ISS 00
Identification verified: Aq-
Oath Sworn: [74)/Yes No or*,,,94, KRISTABUR8Y
Theresa Fitzsimmons
PRINT OR TYPE NAME
PRINT OR TYPE NAME
day of
(2- r.^. •)•1",)*
* Commission* GG 984336
• Explros May4,2024
OFF &oriel Mu Buig sl Notify Santo
11 OWNERS AUTHORIZATION 03.01.2018
7011 by
Notary Signature
My Commission expires
DATE
DATE
State of F('
County of
57,1 /zg
Page 20 of 26
Statement of Facts
Application for Land Development Regulations Waiver
1220 Selva Marina Circle
In 1955, Mr. and Mrs. Frank J. Tassone ("the Senior Tassones") purchased an existing
home as their principal residence at 1220 Selva Marina Circle, Atlantic Beach, Florida 32233
(RE# 171915-0000) (the "Property"). The four Tassone children (the "Tassone Siblings") were
raised in the house until they left for college. The Senior Tassones continued to live in the home
until Mr. Tassone's death in 1994, and Mrs. Tassone's death in 2007, when the Property was
passed down to the Tassone Siblings. They are now seniors themselves and wish to split the
Property in half as part of a plan for it to be passed to their families. The two Tassone daughters
hope to acquire and relocate an existing house from around the corner at 315 12th Street onto one
of the two new lots, and one of the Tassone sons plans to purchase the interest of his brother in
the other lot and build a new home on it. The house which the sisters wish to move has a finished
area of approximately 4,830 square feet and the house which the brother would like to build
would have an expected finished area of 4,830 square feet.
The Property is a single family home on a .64 acre lot. The Property is located in the
Residential — Low Density (RL) land use category, and in the Residential, single-family — Large
lot (RS -L) zoning district. It sits on an elongated cul -dc -sac, and as such, is longer than it is
wide, and wider at the rear property line than at the road frontage. As detailed on the proposed
boundary survey filed herewith, the proposed lot split would result in a southern lot with 14,094
square feet in area, a minimum width of 56.50 feet at the road frontage, and a lot width of
approximately 71 feet, and a northern lot with 13,490 square feet, a minimum width of 57.50 feet
at the road frontage and a lot width of approximately 73 feet. Accordingly, each lot would have
more than the prescribed minimum area and depth, but would require a waiver of the required
width. Moreover, while compliance with the minimum width set forth in Section 24-104(d)(2) is
a practical impossibility due to the geometry of the Property, the subdivided lots will meet all
other criteria of Section 24-104 applicable to the RS -L district.
The Tassone Siblings' request to split their parents' lot is consistent with the transition
that has occurred in the immediately surrounding area over the last sixteen years. As the chart
and naps below illustrate, almost all of lots were either subdivided and/or the houses rebuilt
between 2004 and 2020. Specifically, of nine lots and houses that existed in 2004, only two (one
of which is the Property) remain substantially in their prior form. All other houses were either
demolished and rebuilt or significantly renovated or the lots subdivided as detailed in the chart
and graphics below:
1
Agenda Item #2.D.
18 Oct 2021
Page 21 of 26
Description Current Address Status
House 1 363 12th Street
357 I21 Street
Flouse 2 341 121 Street
1210 Selva Marina Circle
House 3 1220 Selva Marina Circle
'louse 4 1250 Selva Marina Circle
1253 Selva Marina Circle
Flouse 5 1251 Selva Marina Circle
House 6 1225 Selva Marina Circle
House 7 1215 Selva Marina Circle
319 121 Street
House 8 315 120 Street
1220 East Coast Drive
llouse 9 1250 East Coast Drive
2004
Residence demolished and a new house built.
Lot subdivided, single residence detnolished, and three
houses built.
The Property. No changes tnade.
Significant improvements including a detached two
story -two car garage and living space.
Lot reconfigured, single residence demolished, and two
houses built.
No significant changes identified.
Residence demolished and a new house built.
Lot subdivided, single residence demolished, and two
houses built.
Lot subdivided, single residence demolished, and two
houses built.
2
Agenda Item #2.D.
18 Oct 2021
Page 22 of 26
2020
Agenda Item #2.D.
18 Oct 2021
Furdennnm, the overall dimensions of the individual lots after the proposed Property
split would remain consistent and compatible with those of the surrounding properties as detailed
in tlie chart below.
Page 23 of 26
Address
363 12" Street
357 12" Street
341 12" Street
1210 Selva Marina Circle
Proposed Southern Lot
Proposed Northern Lot
1250 Selva Marina Circle
1253 Selva Marina Circle
1251 Selva Marina Circle
1225 Selva Marina Circle
1215 Selva Marina Circle
319 121h Street
315 12th Street
1220 East Coast Drive
250 East Coast Drive
Width of Lot at Road
Frontage
106'
70'
97'
84'
57.5'
57.5'
140'
25'
34'
120'
128'
103'
71'
60'
74'
Area
30,492
11,516 sf
10,945 sf
10,147 sf
14,132 sf
13,490 sf
21,570 sf
20,458 sf
16,808 sf
15,289 sf
19,433 sf
13,665 sf
9,925 sf
13,068 sf
11,326 sf
The proposed development will not exceed the maximum density for the RL land use category
and furthers objectives of the 2030 Comprehensive Plan — Future Land Use Element. The
proposed waiver is consistent with the general purpose and intent of the City's 2030
Comprehensive Plan, will promote the objectives and policies of the City's 2030 Comprehensive
Plan, and specifically contributes to:
1. Objective A.1.3 — Maintaining Residential Character - The City shall encourage future
development and redevelopment, which 1) retains the exceptionally high quality of life and
the predominantly residential character of the City of Atlantic Beach, 2) provides for the
preservation and protection of the dense tree canopy, and 3) which provides for varied and
diverse recreational opportunities, including the preservation, acquisition and development of
public access to the beach, Intracoastal Waterway and other water -related resources, and
which provides for and maintains energy efficient land use patterns.
2. Policy A.1.5.8 - The City shall permit residential development only in compliance with the
residential density limitations as set forth within the Land Development Regulations, and as
designated on the Future Land Use Map in accordance with the following table.
Given the foregoing, imposing the strict letter of the Zoning Code on the Tassone Siblings would
be unreasonable. The request complies with the conditions contemplated by Section 24-66 for a
waiver as detailed herein, and the City Commission has the authority to grant the request
pursuant Section 24-46(d) based on the competent and substantial evidence provided.
4
Agenda Item #2.D.
18 Oct 2021
Page 24 of 26
OWNER'S AUTHORIZATION FOR AGENT
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
OWNER INFORMATION
NAME Grace Tassone Wilson
ADDRESS 3801 Woody Grove Lane
CITY Charlotte
AGENT INFORMATION
NAME Drive, McAfee, Hawthorne & Dlebenow, PLLC
ADDRESS 1 Independent Drive, Suite 1200
CITY Jacksonville
STATE NC
STATE FL
PHONE #
CELL #
ZIP CODE 28210
PHONE # (904) 807-0185
CELL #
ZIP CODE 32202
Agenda Item #2.D.
18 Oct 2021
Driver, McAfee, Hawthorne & Dlebenow, PLI Grace Tassone Wilson
rs-nereby authorized to act on behalf of
the owner(s) of those lands described within the attached application and as described in the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
0 BUILDING PERMIT
TREE PERMIT
0 SIGN PERMIT
USE -BY -EXCEPTION
0 ZONING VARIANCE
0 ZONING MAP AMENDMENT
EI COMPREHENSIVE PLAN AMENDMENT
0 PLAT, REPLAT OR LOT DIVISION
0 OTHER Waiver of frontage
1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
d ch.4k,Grace Tassone Wilson 7/ i/Zr(
SIGNATURE OF OWNER
SIGNATURE OF OWNER #2
PRINT OR TYPE NAME DATE
PRINT OR TYPE NAME
I >)
Signed and sworn before me on this day of
wace, -10,rsoo (Ot1S`'
Identification verified: M
Oath Sworn: jJ Yes 0 No „
61,
KR1STA BIXBY
=mission # GG 984336
Expires May 4, 2024
0 o`P nomad Thru sodoir now/ somas
11 OWNERS AUTHORIZATION 03.01.2018
Notary S gnature
My Commission expires (57
DATE
by State of
County of PA
Page 25 of 26
OWNER'S AUTHORIZATION FOR AGENT
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
OWNER INFORMATION
NAME Frank J. Tassone
ADDRESS 01(4 50 „re
CITY &1(„S OtrI 4JMe
AGENT INFORMATION
NAME Drive, McAfee, Hawthorne & Diebenow, PLLC
ADDRESS 1 Independent Drive, Suite 1200
CITY Jacksonville
STATE
STATE FL
PHONE #
CELL 4
ZIP CODE 32-7-°7
PHONE # (904) 807-0185
CELL #
ZIP CODE 32202
Agenda Item #2.D.
18 Oct 2021
Driver, McAfee, Hawthorne & Diebenow, PLrs-nereby I G Frank J. Tassone
authorized to act on behalf of
the owner(s) of those lands described within the attached application and as described In the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
0 BUILDING PERMIT 0 USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT
0 TREE PERMIT 0 ZONING VARIANCE PLAT, REPLAT OR LOT DIVISION
0 SIGN PERMIT 0 ZONING MAP AMENDMENT J OTHER Waiver of frontage
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED 15 CORRECT: Signature of Property Owner(s) or Authorized Agent
Frank J. Tassone 7/
SIGNATURE SIGNATURE OF OWNER PRINT OR TYPE NAME DATE
SIGNATURE OF OWNER #2 PRINT OR TYPE NAME
Signed and sworn before me on this day of
fi4 6- ---ra
Identification verified: Ft.,
Oath Sworn:
O No *61,.,..,z4".e,
KRISTABURBY
Comniss/on GG S84336 Notary Si na u
Expires May4,2024
oF ft.0". Bonded Treu Mpg Nola/Services
11 OWNERS AUTHORIZATION 0101.2018
DATE
by State of
County of DiA• 4 (
My Commission expires
Page 26 of 26