1633 Park Terrace East LTR 07.13.2012 (Herzog)July 13, 2012
Elizabeth D Herzog
9440 Riverclub Parkway
Duluth, Georgia 30097
RE: 1633 Park Terrace East
34-51 09 -2S -29E
SELVA MARINA UNIT 6
LOT 3 BLK 13
Real Estate #172020-0210
Dear Ms. Herzog,
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Phone: (904) 247-5800
Fax: (904) 247-5845
www.coab.us
In response to requests from multiple parties regarding the minimum required yard
setbacks, building restrictions and restrictive covenants related to the above -listed
property, I am providing the following information to you.
(1) The property consists of a lot that is part of the Selva Marina Unit 6 plat which
was recorded in the Duval County Official Records, Plat Book 34, Pages 51, 51A,
and 5 1 B on March 5, 1969. According to the recorded plat, this particular lot has
a front building restriction line thirty (30) feet in from the front property line.
This building restriction line is enforceable by the city because it is shown on the
recorded plat.
(2) The remaining setbacks for this property are dictated by the development
standards applicable to the zoning district in which the property is located. This
property is zoned Residential Single -Family, Large -Lot (RS -L), in which the
minimum required rear yard setback is twenty (20) feet, and the minimum
required side yard setback is seven and one-half (7 ''/2) feet for each side.
(3) Restrictive covenants were also recorded for this subdivision in the Duval County
Official Records Book 2964, Pages 1122-1124 on March 11, 1969. However,
restrictive covenants and deed restrictions are private agreements between
property owners and developers and/or homeowner associations, and therefore are
not enforceable by municipalities. Even though such documents are not of
1633 Park Terrace East (Herzog)
July 16, 2012
Page 2 of 2
concern to the city, I did research and report the following to your real estate
agent.
Per item (1) of the restrictive covenants: "These restrictive covenants shall run
with the title to the land in said subdivision owned by Developer and shall be
binding upon the Developer; its successors and assigns, and all persons claiming
by, through and under Developer, and shall remain in full force and effect until
January 1, 2000, except as hereinafter provided. After December 31, 1999, these
restrictive covenants shall be automatically extended for successive periods of ten
(10) years unless an instrument signed by the then owners of a majority of the lots
in said subdivisions has been duly recorded, agreeing to terminate or change said
covenants in whole or in part."
I did not find that any such instrument either amending or terminating these
restrictive covenants, as described above, has been executed and recorded with
the Clerk of Courts. However, I also did not find that Selva Marina Unit 6 has an
active homeowner association per Florida Statutes §720.303, which requires that
all homeowner associations be established as corporations registered with the
Department of State effective October 1, 1995. Thus, the validity and
enforceability of said restrictive covenants by a homeowner association or another
individual or group of property owners within the same subdivision is
questionable, and I would advise consultation with an attorney to determine
beyond a doubt whether or not they are applicable to the subject property.
To reiterate, as far as the City of Atlantic Beach is concerned, development standards for
the subject property shall be as follows:
Minimum required front yard:
30', from plat
Minimum required rear yard:
20', from LDRs Section 24-104(e)(2)
Minimum required side yard:
7.5'per side, from LDRs Section 24-104(e)(3)
Maximum impervious surface:
50%, from LDRs Section 24-104(f)(1)
Maximum building height:
35', from LDRs Section 24-104(f)(2)
Please contact me at (904) 270-1605 or ehall@coab.us if you have questions or wish to
discuss further.
Sincerely,
Erika Hall
Principal Planner