04.20.2021 CDB AgendaCity of Atlantic Beach
Agenda
Community Development Board (CDB) Meeting
Tuesday, April 20, 2021 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
2.A. Approve minutes of the March 16, 2021 regular meeting of the Community
Development Board.
CDB Minutes 03.16.2021 (draft)
3. OLD BUSINESS
4. NEW BUSINESS
4.A. UBEX21-0002 PUBLIC HEARING (Amanda Britt)
Request for a use -by -exception to allow on -premises consumption of alcohol
within the Commercial General zoning district at 510 Mayport Road.
STAFF REPORT UBEX21-0002 510 Mavport Road (Amanda Britt)
APPLICATION UBEX21-0002 510 Mavport Road (Amanda Britt)
4.B. UBEX21-0003 PUBLIC HEARING (The Sea Salt Pavilion)
Request for a use -by -exception to allow limited wholesale within the Commercial
General zoning district at 1845 Mayport Road.
STAFF REPORT UBEX21-0003 1845 Mavport Road (The Sea Salt Pavilion)
APPLICATION UBEX21-0003 1845 Mavport Road (The Sea Salt Pavilion)
EMAILS UBEX21-0003 1845 Mavport Road (The Sea Salt Pavilion)
4.C. ZVAR21-0004 PUBLIC HEARING (Jason and Dawn Engle)
Request for a variance to reduce the minimum rear yard setback to build a
screened enclosure at 512 Vikings Lane.
STAFF REPORT ZVAR21-0004 512 Vikings Lane (Jason and Dawn Engle)
APPLICATION ZVAR21-0004 512 Vikings Lane (Jason and Dawn Engle)
PUBLIC COMMENTS ZVAR21-0004 512 Vikings Lane (Jason and Dawn Engle)
4.D. ZVAR21-0003 PUBLIC HEARING (Maria J. Roman)
Request for a variance to allow two sheds on a residential lot at 418 Mako Drive.
STAFF REPORT ZVAR21-0003 418 Mako Drive (Maria J. Roman)
APPLICATION ZVAR21-0003 418 Mako Drive (Maria J. Roman)
5. REPORTS
Page(s)
3-6
7-11
13-32
33-58
59 - 66
Page 1 of 66
Community Development Board (CDB) - 20 Apr 2021
6. PUBLIC COMMENT
7. ADJOURNMENT
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City
of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233.
Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to
the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting
should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting.
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 Community Development Board with respect to any matter
considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony
and evidence upon which any appeal is to be based.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities
needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at
City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting.
Page 2 of 66
Present:
MINUTES
Community Development Board (CDB) Meeting
Tuesday, March 16, 2021 - 6:00 PM
Commission Chamber
Linda Lanier, Member
Jennifer Lagner, Member
Kirk Hansen, Chair
Sylvia Simmons, Member
Brian Major, Member
Jeff Haynie, Member
Absent: James Moyer, Member
Also Present:
Agenda Item #2.A.
20 Apr 2021
Valerie Jones, Recording Clerk
Abrielle Genest, Planner
Amanda Askew, Planning and Community Development Director (PCDD)
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Chair Hansen.
2. APPROVAL OF MINUTES
A. Approve minutes of the February 16, 2021 regular meeting of the Community
Development Board.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. ZVAR21-0002 PUBLIC HEARING (John David Pesterfield)
Request for a variance to increase the maximum pergola size from 150 square feet to 493
square feet and to decrease the minimum rear yard accessory structure set back from five (5)
feet to zero (0) at 2309 Fiddlers Lane.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if the pergola would only cover the patio without any extension.
Director Askew said that was correct. Mr. Major asked if the patio was non-
conforming. Director Askew said it was conforming to the code. Ms. Simmons had
concerns about the size of it compared to what the code allows. There was further
discussion about larger outdoor covered spaces that are attached to the house which
allows more than the 150 square feet limit for the pergola.
Community Development Board (CDB)
March 16, 2021
Page 3 of 66
Agenda Item #2.A.
20 Apr 2021
APPLICANT COMMENT: In absence of the City Attorney, Chair Hansen swore in
the applicant. John Pesterfield introduced himself as the owner of 2309 Fiddlers Lane.
He introduced Raymond Joseph who is his contractor. Mr. Pesterfield added that the
request was reviewed and approved by the Oceanwalk Architectural Review
Committee. He explained that his request was based on the desire to be able to sit
outside and have shade from the sun while not obstructing the view of the lake. Mr.
Pesterfield said that the pergola would not be in the site -line of and would not
adversely affect the use of the property of any of his neighbors.
Ms. Lanier asked how long he has owned the home (11 years ago) and when the patio
was built (5 years ago). Mr. Haynie asked if he had spoken to the immediate neighbors
and Mr. Pesterfield confirmed that he had and the neighbors had no problem with it.
Ms. Simmons suggested different trees and shrubbery. Mr. Pesterfield said trees were
considered but they would have to be 30 feet tall to provide shade. Ms. Lagner asked if
he had considered a patio umbrella. He said that he had concerns about winds that
could throw an umbrella into the screened patio enclosure.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There
were no public comments.
BOARD DISCUSSION: Ms. Lanier explained that the applicant had lived in the
house for 6 years before he built his patio to realize that this area was a very sunny
spot. She said this was a self-imposed hardship and was concerned that this was a
slippery slope that if granted would set precedence for future requests. Mr. Haynie said
that since this wouldn't affect any of the neighbors he could see grounds of exception
#1 as a possible fit. Mr. Major said that given the onerous circumstances he would
consider grounds of exception #4. Ms. Lagner said she is opposed to the variance due
to how far it exceeds the code. Ms. Simmons understood the applicant's desire to
maintain the view and not block it with shrubbery or trees. Chair Hansen said he didn't
see any clear cut criteria to allow this variance. He said it did help that the HOA had
approved it but struggled because the pergola would be 3 times the size of what the
code allows and what the downstream affect would be. Ms. Simmons had questions
about the artist renderings and the height of the pergola.
APPLICANT COMMENT: Raymond Joseph introduced himself as the contractor.
He said the pergola height is 8 feet to the top of the stringers (the tallest point) and
approximately 7 feet to the bottom of the stringers. Ms. Lanier suggested building a
pergola within the code so part of the patio would be covered but not all of it. Mr.
Joseph said the design was for esthetics and a Mediterranean type design.
BOARD DISCUSSION: Ms.Simmons agreed and there was further discussion about
the possibility of approving a lesser variance. Mr. Haynie said he wasn't concerned
about setting precedence and didn't have a problem with approving this variance but he
could also go with a lesser variance. Ms. Simmons asked for instruction from Director
Askew. Director Askew said that the Board can grant a lesser variance, place
conditions upon the variance or give the applicant an opportunity to revise his plans
Community Development Board (CDB)
March 16, 2021
Page 4 of 66
Agenda Item #2.A.
20 Apr 2021
and come back to the Board at a later date. There was further discussion about what
conditions could be set. Chair Hansen suggested that the Board let the applicant come
back with what they would like. Mr. Major said that he couldn't see how this structure
would negatively affect the light and air of the neighbors.
APPLICANT COMMENT: The picture of the plat was displayed and John
Pesterfield explained that the pergola wouldn't affect the property to the immediate
west. Ms. Simmons was concerned about neighbors across the lake. Mr. Pesterfield
didn't understand the 150 square feet limit and explained that the proposed structure
would simply cover the existing patio.
Chair Hansen asked Director Askew if the HOA could re -plat the property giving the
applicant the 5 feet that is needed for the setback. She said that is possible and it is not
an onerous task. Ms. Lanier asked if that 5 feet was HOA property or an easement.
Director Askew said that according to their survey it looks like it is HOA property.
Chair Hansen asked if the applicant can build 3 pergolas at 150 feet each. Ms.
Simmons asked what would happen if that request came to the building department.
Director Askew said that if it meets zoning codes then it would be approved. Mr.
Haynie said that the Board might as well grant the variance so that it would at least be
one pergola. Mr. Major agreed. There was further discussion of the uniqueness of the
property and the possibility that it would fit under condition of grounds of exception
#1. Chair Hansen asked for a motion to be made.
MOTION: To APPROVE ZVAR21-0002 based on grounds of exception #1
Motion: Jeff Haynie
Jeff Haynie (Moved By) For
Not seconded, motion failed 1 to 0.
MOTION: To APPROVE ZVAR21-0002 based on grounds of exception #4
Motion: Brian Major
Brian Major (Moved By) For
Not seconded, motion failed. 1 to 0.
MOTION: To DENY ZVAR21-0002 based on the Board not being of one mind on any of
the grounds of exception.
Motion: Linda Lanier
Second: Jennifer Lagner
Ms. Simmons asked if the variance was denied would the applicant be able to apply again with
a new design. Director Askew said that the applicant would have to wait for one year after the
denial. Ms. Simmons suggested that the applicant withdraw so that he can come back with
Community Development Board (CDB)
March 16, 2021
Page 5 of 66
Agenda Item #2.A.
20 Apr 2021
another design. Chair Hansen asked the applicant if he would like to continue with this
variance request or withdraw it and come back with an amended design. Mr. Pesterfield asked
if he came to the City with a design for 3 pergolas that were 150 square feet each, would it be
approved. Director Askew said she believed that he would be limited to 2 accessory structures
on the property. Mr. Major asked if it is definitely 2 structures. Director Askew confirmed
that it is limited to 2 accessory structures. Mr. Pesterfield withdrew his application for a
variance.
Linda Lanier (Moved By)
Jennifer Lagner (Seconded By)
For
For
The vote was discontinued and the Applicant withdrew the variance. 2 to 0.
5. REPORTS
There were no reports.
6. PUBLIC COMMENT
There were no further comments.
7. ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 6:52 p.m.
Attest:
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
March 16, 2021
Page 6 of 66
i1nw11.
20 Apr 20. L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. UBEX21-0002
Request for a use-hv-exception to allow on premises consumption of alcohol within the Commercial
General zoning district at 510 Mayport Road.
LOCATION 510 Mayport Road (RE#170744-0000)
APPLICANT Amanda Britt
DATE April 20, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is Amanda Britt, on behalf of the property owner
Atillio Cerqueira for the property located at 510 Mayport Road.
This property is zoned Commercial General (CG) and is located
on the northeast corner of West 5th Street and Mayport Road.
The building contains multiple uses. The applicant is seeking a
use -by -exception for the on-site consumption of alcohol. The
applicant is proposing a business that will contain photography
and art studios and is seeking a use -by -exception for the sales
of beer and wine.
74
This use -by exception would permit the sale and consumption
of alcohol onsite. The remainder of their proposed uses are
permitted in the CG zoning district. Section 24-112(c)(3)
requires a use -by -exception for on -premises consumption of alcohol.
The multitenant warehouse space has similar uses and zoning to the north. The properties located to the
west are residential. The Board may consider placing conditions on the use -by -exception if approved,
such as condition of hours and noise levels.
The Comprehensive Plan designates this area as Commercial which is intended to provide appropriate
locations for neighborhood and community businesses providing services and retail sales for the City and
the closely surrounding communities.
Chapter 3 of the code has existing regulations regarding alcohol:
- Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week
- Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that
the business is open, and
- Section 3-8 limits consumption of alcohol to:
o Inside the building or
o Within a recreation area contiguous to the building or
o Within an outdoor seating area contiguous to the building
il,I!I� 1!I olid lll' 11R .
Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comf311 Pr 201 1
neighbors and includes that after 10:OOpm on weekdays and after 11:OOpm on weekends noise violations
are strictly enforced.
SUGGESTED ACTION FOR APPROVAL
The Community Development Board may consider a motion to approve the requested use -by -
exception (UBEX21-0002) to allow on -premises consumption of alcoholic beverages in
accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at
510 Mayport Road provided:
1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to
be consistent with the uses permitted in the CG zoning district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
SUGGESTED ACTION FOR DENIAL
The Community Development Board may consider a motion to deny the requested use -by -
exception (UBEX21-0002) to allow on -premises consumption of alcoholic beverages in
accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at
510 Mayport Road provided:
1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this use -by -exception is not in compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of
use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
Page 2 of 2
USE -BY -EXCEPTION APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME
Anvandq Brif-h
ADDRESS 510 Ma./ pori- JQL) Un if 10
PROPERTY LOCATION
RE# 1 1 (i1 -H - 0000
�1
BLOCK # 2
LOT/PARCEL SIZE
1 1 Z 0 1 ZONING CODE y c1 1/ G C—i
EMAIL
/` endo Item #4.A.
FOR INTERNAL OFFICE USJ) f 20e`:1
FILE # U$GX21-ODD
Gbr�t - Z7 C) MCK.earn
CITY A+!an+i c g(ach
PHONE #
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
REQUESTED USE -BY -EXCEPTION 2, G 0 P
STATE FL
ZIP CODE 31 Z33
L93 -33(D-033
CELL #
LOT # (p
UTILITY PROVIDER co A8
Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the
City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this
application may be used if desired. Please address each item as appropriate to this request.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories
and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses.
2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B).
5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or
colored attachments are submitted, please provide eight (8) copies.
6. Application fee of $400.00.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
a zi
SIGNATURE OF APPLICANT
SIGNATURE OF APPLICANT (2)
KYVI CAA d,cA
PRINT OR TYPE NAME
PRINT OR TYPE NAME
Signed and sworn before me on this \ day of R.11 tko_ill
Identification verified:
Oath Sworn: ❑ Yes
VLLtn&
by
JENNIFER JOHNSTON ry to
(. s. MY COMMISSION # HH 057579
,F EXPIRES:October27,2024 N Commission expires
18 USE BY EXCEPTION 07.08.2019is
of FY . Bonded Thru Notary Public Undgwrl(r
dz- I -21
DATE
DATE
State of r i tri GQ G'i
County of 1 li Et
Page 9 of bb
EXHIBIT A Agenda Item #4.A.
The review of an application for a Use -by -Exception shall consider the following items. Please address each ofatietp11c244 as
applicable to your specific application.
. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and
convenience, traffic flow and control and access in case of fire or catastrophe.
. Parking and loading spaces, where required, with particular attention the items in (1) above.
yi't av-f It 5Pots1vs addiilor\a1' orv-\ our
�
e\Moor ' o on -ham samz, lot `.
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise,
glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested.
NIA
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above.
5. Utilities, with reference to locations, availability and compatibility.
coA13 qnc -3-E6
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the
adjacent use.
tv%
Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony
with properties in the District (see Signs and Advertising, Chapter 17),
N6 Aaldifil0�lg1 S\(1\61() -60Y I� o���h�
8. Required yards and other open space, show building setbacks and area of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with
applicable provisions of the Comprehensive Plan.
N (- -? Lo'k S and A-sn ctS r i okowa`C a w c c art o
-e.t c i ti cA -for us (.
10. Other information you may wish to provide.
We aR q ?oocih /cif sf Polio 100 k; n i -o 5-c II
WY ops oI StConc1irLi to our bUsi n-e,sS
44. 11rud SPCV-Q, vv i 11 be., r -c \A -e dX thr ,cArNo k o S an O\ -For
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18 USE BY EXCEPTION 07.08.2019
Page 10 of 66
Agenda Item #4.A.
20 Apr 2021
To: City of Atlantic Beach
I, , authorize Amanda Britt, to submit a use -of -exception
applica on a,'d act �Q'nmy behalf for her 2COP License for my property 510 Mayport Road
Unit 9 and 1 Atlas is Beach, FL 32233.
Owner,
Date - A' ,2c
Representative
Date 2 1,S
v
Page 11. of 66
Page 12 of 66
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
Il,1!III!Iup�IIIIII iR1r1*.
20 Apr 20. 1
AGENDA ITEM 4.B
CASE NO. UBEX21-0003
Request for a use-hv-exception to allow limited wholesale within the Commercial General (CG) zoning
district at 1845 Mayport Road.
LOCATION 1845 Mayport Road (RE#172046-0100)
APPLICANT The Sea Salt Pavilion
DATE April 20, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is The Sea Salt Pavilion located at 1845 Mayport Road. This property is zoned Commercial
General (CG) and is within the Marsh Oaks future land use designation. The lot is currently vacant and is
located on the east side of Mayport Road just north of Stanley Road. The property owner is proposing to
develop the site and is seeking a use -by -exception to allow limited wholesale operations from one of the
proposed buildings.
The use by exception request is for the business "U. S. Flag
Supply", which is currently located at 1198 Mayport
Road, to relocate to 1845 Mayport Road. This business
was previously permitted as a retail business at its current
location, however the business does conduct wholesale
operations. According to their website, U.S. Flag Supply
supplies flags and flag accessories to retail customers, the
local, state, and federal government, all military branches,
veteran's organizations, and many of the Nations' top
companies. The applicant further explains in the
application that the business utilizes a website, call-in orders, and
contracts to provide walk-in retail and that orders are either
shipped directly to the consumer or are stored in the back of the
building until the order is filled and then shipped to the consumer.
Wholesale operations is generally considered the selling of goods
to retailers, professional business users, or to other wholesalers
whereas retail establishments sell goods to the general public for
personal or household consumption. The Commercial General
(CG) zoning district does not permit wholesale operations but does
permit limited wholesale as a use -by -exception.
SEA
SALT
PAVILION
Rendering of proop°sed budding
i�ir I�� �i i�0�i�pllmhll�lllll�ll�lllll III
ul
The lot has the same zoning to the north and south and is located within the Mayport Road Corridor. The
subject property is adjacent to two parcels on the north side. One parcel operates as an office and the other
parcel operates as cabinet shop. The property to the south operates as a retail use. The properties located
to the east are residential.
Il,1!III!Iup�IIIIII iR1r1*.
20 Apr 20. 1
Consistency with the zoning district, commercial corridor standards, and applicable provisions of the
Comprehensive Plan should be considered for this use -by -exception. See below:
The intent of the Commercial General (CG) zoning district is to provide retail goods and services, which
serve the routine and daily needs of residents, including hanks and professional services, grocery and
convenience stores, restaurants, accredited public and private schools and child care, but not including
manufacturing, warehousing, storage or high intensity commercial activities ofa regional nature, or uses
that have the potential for negative impact to surrounding properties due to excessive noise, light or
extremely late hours of operation.
The intent of the Commercial Corridor Standards is to enhance the aesthetic and physical appearance of
these gateways into the city; enhance and retain property values; promote appropriate redevelopment of
blighted areas; and to create an environment that is visually appealing and safe for pedestrians, bicycles
and vehicular traffic.
Applicable provisions of the Comprehensive Plan include:
Policy A.1.10.4 The City shall actively support the appropriate redevelopment and infill development of
the Mayport Road corridor. Retail and service uses that sustain neighborhoods, and encourage a more
aesthetically pleasing and pedestrian friendly environment shall be encouraged. New development along
Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth
within the Land Development Regulations.
Policy A.1.10.5 Along the Mayport Road corridor, the continuation and proliferation of light industrial
uses, automotive sales and repair businesses and other more intensive commercial business activities shall
be discouraged in favor of those businesses and uses that provide neighborhood serving retail products
and services that generate daily activity and interaction between residents of the surrounding
neighborhoods such as banks, drugstores, restaurants, churches, child care centers, grocery stores and
similar businesses and uses.
SUGGESTED ACTION FOR APPROVAL
The Community Development Board may consider a motion to approve the requested use -by -
exception (UBEX21-0003) to allow limited wholesale within the Commercial General (CG)
zoning district at 1845 Mayport Road provided:
1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to
be consistent with the uses permitted in the CG zoning district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
Page 2 of 3
SUGGESTED ACTION FOR DENIAL
Il,1!III!Iup�IIIIII iR1r1*.
20 Apr 20. 1
The Community Development Board may consider a motion to deny the requested use -by -
exception (UBEX21-0003) to allow limited wholesale within the Commercial General (CG)
zoning district at 1845 Mayport Road provided:
1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this use -by -exception is not in compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of
use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
Page 3 of 3
Page 16 of 66
USE -BY -EXCEPTION APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME The Sea Salt Pavilion Inc. / Cynthia O'Neal
ADDRESS 1198 Mayport Rd. #9
PROPERTY LOCATION 1845 Mayport Rd.
RE# 172046-0100/172185-0100
LOT/PARCEL SIZE 1.14 ac.
BLOCK #
FOR INTERNAL d pr 20
.1 "A
FILE # �..J hje y 7 0 000
EMAIL cyndy.oneal@gmail.com
CITY Atlantic Beach
ZONING CODE GC
STATE FL
ZIP CODE 32233
PHONE # CELL # 904-241-0080
LOT #
UTILITY PROVIDER Atlantic Beach
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Marsh Oaks Business District
REQUESTED USE -BY -EXCEPTION Limited Wholesale
Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the
City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this
application may be used if desired. Please address each item as appropriate to this request.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories
and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses.
2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B).
5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or
colored attachments are submitted, please provide eight (8) copies.
6. Application fed of $40Q.00.'....''
I HEREBY CERTIFY TF)ATLI..INFOR)IATION PROVIDED I5 CORRECT: Signature of Property Owner(s) or Authorized Agent
SIGplT URE OF APPLIC4NT
SIGNATURE OF APPLICANT (2)
Signed and sworn before me on this
Identification verified:
Oath Sworn: ® Yes
Cynthia O'Neal
PRINT OR TYPE NAME
PRINT OR TYPE NAME
DATE
DATE
by State of .... N'`\/)....
County of r.,i V:411'/
18 USE BY EXCEPTION 07.08.2019
ERIN
ii '' MY COMM
••. 4;;;f o",.‘ EXPIRES
MARIE STEW.
ISSION # GG 266182
: October 14, 2022
Notary Signature_,.
My Commission expires
Page 17 of 66
1
EXHIBITA Agenda Item #4.B.
The review of an application for a Use -by -Exception shall consider the following items. Please address each of the fkigtviim2621
applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and
convenience, traffic flow and control and access in case of fire or catastrophe.
Ingress/Egress and other elements of this item are designed per standard Atlantic Beach regulations.
2. Parking and loading spaces, where required, with particular attention the items in (1) above.
Parking is provided per Atlantic Beach regulations utilizing standard and compact cars, motorcycles, and bike racks
3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise,
glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested.
This business is the sale of flags, flag poles and flag accessories. This use by exemption is to support the business's online presence. This will
generate potentially a higher volume of UPS type parcel trucks than standard commercial but no tractor trailer trips as the site is not designed for
them. There will no be excessive noise, glare or odor.
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above.
This commercial business will not generate any more refuse and trash collection than any standard commercial. There are no food products being
sold by this business, therefore no excessive dumpster odor.
5. Utilities, with reference to locations, availability and compatibility.
Utilities are standard underground water and gravity sanitary. Electric will be a pole mounted transformer along the north side of the property just
west of the phase two building in this location.
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the
adjacent use.
For the property with residential use adjacent to the south, an additional 5' buffer is being provided. The required additional landscaping or
fencing will be provided within this 10' buffer.
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony
with properties in the District (see Signs and Advertising, Chapter 17).
Signage will be the standard allowed by Atlantic Beach for commercial facilities.
8. Required yards and other open space, show building setbacks and area of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with
applicable provisions of the Comprehensive Plan.
This use will be compatible with the surrounding areas. This area is highly developed as commercial.
10. Other information you may wish to provide.
See attached Description of the use -by -exception desired
18 USE BY EXCEPTION 07.08.2019
Page 18 of 66
Agenda Item #4.B.
20 Apr 2021
Description of the use -by -exception desired
The Sea Salt Pavilion seeks a by -use exception for Limited Wholesale.
The first phase building for the Sea Salt Pavilion is for the business, U.S. Flag Supply. U.S. Flag
Supply is currently in business at 1198 Mayport Rd. just south of the new Sea Salt location. It is
a small retail flag store with three employees and a website and it has outgrown its current
location.
As part of its business plan, U.S. Flag Supply utilizes a website, call-in orders, and contracts to
enable the business to provide walk-in retail for the community. No manufacturing,
warehousing, or assembly is included in its operations. The store operates in a typical retail
fashion where inventory is ordered, merchandise is stocked on shelves available to the public,
and additional items, used to restock the shelves, are stored in the back of the store. Website
orders, call-in items, and contract items are ordered and, either drop shipped directly to the
consumer or are stored in the back, until the entire order is fulfilled and then it is shipped to
the consumer.
The purpose of moving to this location is to expand the retail walk-in area that is available to
the public. Additionally, U.S. Flag Supply will start offering retail home and garden accessories
(see our website at www.forvourhomeandearden.com) to the public to provide a wider
selection of commodities available at the store. Items included to be offered are mail boxes
and accessories, address numbers and plaques, the option to order personalized address
plaques, yard plaques with phrases, bird baths and feeders, weather vanes, clocks, planters,
door mats, sundials, thermometers, and additional accents and items as requested by the
community. No items are built onsite.
The purpose of the entire Sea Salt Pavilion is to serve the Mayport community with goods and
services. The option for limited wholesale to support an online presence helps the business to
endure the ebb and flow of the economy as a whole and stay open to serve the community.
Page 19 of 66
Agenda Item #4.B.
20 Apr 2021
Seasalt Legal Description
THE NORTH 40 FEET OF LOT 2, BLOCK 19, DONNER'S REPLAT, AS RECORDED IN PLAT BOOK 19,
PAGE 16 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA TOGETHER WITH LOTS
6, 7 AND 8, BLOCK 19, ALL AS SHOWN ON BUT NOT A PART OF SAID DONNER'S REPLAT.
Page 20 of 66
Jones, Valerie
From: Broedell, Brian
Sent: Wednesday, March 17, 2021 2:58 PM
To: Askew, Amanda
Subject: FW: 1845 Mayport Rd Zoning Comments
From: Jeffrey Bergen [mailto:JBergen@gbacivil.com]
Sent: Tuesday, March 16, 2021 12:21 PM
To: Broedell, Brian <bbroedell@coab.us>
Subject: RE: 1845 Mayport Rd Zoning Comments
Agenda Item #4.B.
20 Apr 2021
Brian,
Here is the write-up from the owner. Is this the kind of information you are looking for:
"At present, US Flag Supply is a flag and banner business and we supply mainly to the United States government. Our
largest customer is the US Coast Guard and we ship flags to them around the world.
We have a contract with the US Army Corps of Engineers, where we mass produce products through an outside vendor
that are inventoried here, and then sold to them at a wholesale price.
We also have a GSA Advantage contract, which is an online government purchasing service run by the General Services
Administration, where we fill and ship the online orders.
Although the majority of our customers are government and their orders are done through websites or via phone
orders, we also have opened our doors to our local community because of our ability to inventory products that appeal
to them.
In regards to day to day operations, we are open from 8:30-5:00. We fill and pack orders and then ship them through
our local carriers. We make ourselves available to our local walk-ins, which is usually five to ten customers each week."
Jeff
From: Broedell,Brian < roe e coa ..us>
Sent: Monday, March 15, 2021 11:30 AM
To: Jeffrey Bergen <I�g...gf.@.g ......a.....c.....i.i..v.....ii ........c..
o........x......>
Subject: RE: 1845 Mayport Rd Zoning Comments
Jeffrey,
The FLUM designation is "Marsh Oaks Business District" and the Zoning code is just "CG" (property appraiser adds the A
for Atlantic Beach).
1
Page 21 of 66
Agenda Item #4.B.
Also, we will need more information on the business. A summary of the business and the day to day operations2{9rtg021
expect daily at the site) would be helpful. The Board will review the request for consistency with the intent of the FLUM
designation, intent of the Zoning District, and intent of the Commercial Corridor (see attached for all). The entire
Comprehensive Plan can be found IINIFRif;.
You can submit electronically by emailing me the application.
Thanks,
'm""1111
VIIImii ... �����I
o VIII°n eool W
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
blbiroedeIIII@coalb.us
Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us.
Follow the City of Atlantic Beach on Facebook.
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
From: Jeffrey Bergen[irmaiillto:JI3eirgenpebaciiviill.coirm]
Sent: Monday, March 15, 2021 9:34 AM
................................
To: Broe a krkr
Brian <iroe e@.kr
coa.us>
Subject: RE: 1845 Mayport Rd Zoning Comments
She is interested in the TM but doesn't want to hold the first building up. Once we get the first building going, she
would like to explore what you suggested and possibly turning a portion of it to TM.
Also, Can you look at this exemption application and see if it seems adequate? I don't normally get involved with
planning type items. Also, I am not sure where to find the FLUM for this area. Can you provide me the future land use
designation for her parcel?
Will this be a hardcopy submittal or electronic. I know the app states hardcopy but I wasn't sure if with covid, you are
requesting electronic and just haven't updated the app.
Thanks for your help,
Jeffrey E. Bergen, P.E.
Goodson Bergen & Associates
10175 Fortune Parkway, Ste 403
Jacksonville, FI 32256
904-519-7770
2
Page 22 of 66
Agenda Item #4.B.
20 Apr 2021
From: Broedell, Brian
Sent: Wednesday, March 10, 2021 2:50 PM
To: Jeffrey Bergen
Subject: RE: 1845 Mayport Rd Zoning Comments
Jeffrey,
I've attached the application for the use by exception. The deadline to submit for the April Community Development
Board meeting is March 22nd. Let me know if you have any questions with that.
The current zoning does allow for residential units and mixed use development. The allowable density is 20 residential
units per acre for both the current zoning and for the TM zoning. Rezoning the property to Traditional Marketplace (TM)
is something staff would support and can help with if she is interested. However, TM does not allow wholesale even as a
use by exception. Alternatively, she could look at rezoning a section (ie southwest area) of the property to TM which
aliows for 0 foot setbacks and parking & Iandscaping reductions.
Let me know if you have any questions.
3 on on 3 orno oon ool oon
�IP/atiti��
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us.
Follow the City of Atlantic Beacon Facebook.
Florida has a very broad Public Records Law. Moswritten communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
From: Jeffrey Bergen
Sent: Tuesday, March 09, 2021 4:11 PM
To: Broedell, Brian
Subject: RE: 1845 Mayport Rd Zoning Comments
Brian,
The owner does want to move forward with the exemption. She also asked me to ask you if her zoning would allow for
people to live above the shops like in a mixed used. She is looking at the traditional market place concept that appears
to be moving forward across the street and was thinking that it would be nice for the area to provide some residential
above her shops.
Thanks for your help,
3
Page 23 of 66
Agenda Item #4.B.
20 Apr 2021
Jeffrey E. Bergen, P.E.
Goodson Bergen & Associates
10175 Fortune Parkway, Ste 403
Jacksonville, F| 32256
904'519'7770
From: Broedell, Brian
Sent: Thursday, February 25, 2021 11:53 AM
To: Jeffrey Bergen
Subject: RE: 1845 Mayport Rd Zoning Comments
Hi Jeffrey
Typically, one development or site is parked as one category and if it's a mix of uses, is parked as a shopping center.
Parking the site as a shopping center is ideal since it would allow permitted businesses/uses to move in and out without
having to add parking or get special approvals which helps the owner avoid issues moving forward (much more
flexibility). Meeting this ratio with parking reductions is possible with tree preservation, bike parking, and motorcycle
parking. For example, iftree #68(marked for preservation) iopreserved inaddition totrees #1'3,11,12,33,8'39(see
whats possible) parking can be reduced by up to 4 spaces; one parking space can be converted to 4 motorcycle spaces at
4.5'X8' which = 2 parking spaces; and extra bike racks could reduce parking by up to 8 spaces (total 13 space reduction).
Feel free to send examples or questions. This would meet the shopping center ratio which again allows the owner
fiexibility with future tenants.
PulNe :6
1; g, (no v
~ n,A,��w°~."
(o44,,,e0,,,�,=
510,1"1!!°
Also, this business appears to be more wholesale than on-site retail. If less than 51% of sales is from on-site/in-person
retail sales, they will need to apply for a use -by -exception for limited wholesale. Use -by -exceptions are heard and voted
on by the Community Development Board. 1 have attached the application.
For architectural plans, note that this property is subject to the Commercial Corridor Standards
(S...:..
J. This section prohibits roofs that appear flat, open bay doors, metal exteriors and blank exterior walls in certain
areas.
Let me know if you have any questions.
Thank you,
3 or .a orl 3 ori"Ieci e
1)1"i r ' (51 P Ia e i""
City of Atlantic Beach
800 Seminole Road
4
Page 24 of 66
Atlantic Beach, FL 32233
(904)247-5822
IblbiroedeIIII@coalb.us
Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us.
Follow the City of Atlantic Beach on Facebook.
Agenda Item #4.B.
20 Apr 2021
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
From: Jeffrey Bergen[imaiillto:JI3eirge2pgbaciiviill.coim]
Sent: Thursday, February 25, 2021 8:47 AM
................................
To: Broe a krkr
Brian <iroe e@.kr
coa.us>
Subject: RE: 1845 Mayport Rd Zoning Comments
Brian,
Thanks for your comments. I wanted to discuss the parking count with you for this site. Attached is the floorplan for US
Flag Supply. The use for this building is a large portion of the left side of the building is for receiving materials and
material storage. There is a portion of the building at the front door in the area of the shelving that will have public
access for customers to enter and shop for flags, flap poles, and accessories. The area of the building behind the public
access is an area for photography for the website and packaging/shipping. Then the right side of the building is an office
space for a future tenant.
Can we itemize these areas for this building since it is purpose built and holding all of this square footage to a shopping
center ratio would not reflect its use. And in being able to do this, it will be easier to making a shopping center ratio
work for the rest of the buildings. When I sent this into COAB last year before the holidays for pre -app review, this kind
of feedback was what I was needing and would have been helpful so we would have had this worked out and wouldn't
be sitting in a position with a non-functioning site. So any help you can give on this matter for reducing the parking
would be extremely helpful and greatly appreciated. I know in your comments you mentioned additional bike racks and
such to help but I wanted to propose this itemization first and see where that gets us.
Thanks,
Jeffrey E. Bergen, P.E.
Goodson Bergen & Associates
10175 Fortune Parkway, Ste 403
Jacksonville, FI 32256
904-519-7770
From: Broedell, Brian <.................................:.........@coa.................................>
krkriroeekr.us
Sent: Tuesday, February 23, 2021 4:19 PM
5
Page 25 of 66
To: Jeffrey Bergen <Ifegemg......a.....c.....iiv.....ii ........c..
o........x......>
Subject: 1845 Mayport Rd Zoning Comments
Good afternoon,
Attached are review comments from the Zoning Dept. Please wait until you receive all department reviews before
submitting any revisions. Feel free to reach out with any questions.
Agenda Item #4.B.
20 Apr 2021
Thank you,
lona o 1 orno e 0000i µ
:r. :µ;i inf( ..
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
iblbroede1111@coalb.us
Want to receive City of Atlantic Beach news by email? lust say so in an email to infoC>coab. us.
Follow the City of Atlantic Beach on Facebook.
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to ilnfoal...uus. Follow the City of Atlantic
Beach on Facebook Ihitt.ps./ ..facJIb ok. om iibYO.fA .11an iiLJ ach. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to ii.n.fca. g12 uu.s. Follow the City of Atlantic
Beach on Facebook https://www.facebook.com/Ciity0fAflantircBeach. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to iinfo@coalb.us. Follow the City of Atlantic
Beach on Facebook Ihitt.ps./ ver.facJIb ok. om iibYO.fA .11an iircBeach. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to iinfo@coalb.us. Follow the City of Atlantic
Beach on Facebook Ihitt.ps./ ver.faceb ok. om iibYO.fA .11an ii:cl ach. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
6
Page 26 of 66
Jones, Valerie
From: Askew, Amanda
Sent: Wednesday, March 17, 2021 4:42 PM
To: JBergen@gbacivil.com
Cc: Broedell, Brian
Subject: FW: 1845 Mayport Rd Zoning Comments
Attachments: FLUM and Zoning Language.docx
Good afternoon Mr. Bergen,
Agenda Item #4.B.
20 Apr 2021
Based on the description of the business activities listed in your email below, staff thinks the
described use, exceeds the limited wholesale operations permitted by use -by -exception in the
code.
"(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind"
You can apply for the use -by -exception however, the burden of proof is on the applicant. We
suggest you address this in your application.
In addition, as Brian Broedell has already communicated, this area (zoning district and future
land use map) is intended to provide neighborhood uses, retail goods and services that serve
the residents but not including warehouse, storage or manufacturing.
Please be aware staff is concerned that the Community Development Board (CDB) will have
issues with your application and there is a strong possibility it will not get approved.
Please let me know if you have any questions.
From: Broedell, Brian
Sent: Wednesday, March 17, 2021 3:22 PM
To: Askew, Amanda
Subject: FW: 1845 Mayport Rd Zoning Comments
From: Broedell, Brian
Sent: Monday, March 15, 2021 11:30 AM
To: 'Jeffrey Bergen' <J1Bergenegbacirvilll.c9m>
Subject: RE: 1845 Mayport Rd Zoning Comments
Jeffrey,
1
Page 27 of 66
The FLUM designation is "Marsh Oaks Business District" and the Zoning code is just "CG" (property appr
for Atlantic Beach).
Atfpfp
20 Apr 2021
0,14
Also, we will need more information on the business. A summary of the business and the day to day operations (what to
expect daily at the site) would be helpful. The Board will review the request for consistency with the intent of the FLUM
designation, intent of the Zoning District, and intent of the Commercial Corridor (see attached for all). The entire
Comprehensive PIan can be found HIERIE.
You can submit electronically by ennailing me the application.
Thanks,
3 on on 3 onne ool oon
Pr���
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us.
Follow the City of Atlantic Beacon Facebook.
Florida has a very broad Public Records Law. Moswritten communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
From: JeffreBergen[maiiNo:JBerampakaciivilU.mmm]
Sent: Monday, March 15, 2021 9:34 AM
To: Broedell, Brian
Subject: RE: 1845 Mayport Rd Zoning Comments
She is interested in the TM but doesn't want to hold the first building up. Once we get the flrst building going, she
would like to explore what you suggested and possibly turning a portion of it to TM.
AIso, Can you look at this exemption application and see if it seems adequate? 1 don't normally get involved with
planning type items. AIso, 1 am not sure where to find the FLUM for this area. Can you provide me the future land use
designation for her parcel?
Will this be a hardcopy submittal or electronic. | know the app states hardcopy but | wasn't sure if with covid, you are
requesting electronic and just haven't updated the app.
Thanks for your help,
Jeffrey E. Bergen, P.E.
Goodson Bergen & Associates
10175 Fortune Parkway, Ste 403
Jacksonville, F| 32256
2
Page 28 of 66
904-519-7770 Agenda Item #4.B.
20 Apr 2021
From: Broedell, Brian
Sent: Wednesday, March 10, 2021 2:50 PM
To: Jeffrey Bergen
Subject: RE: 1845 Mayport Rd Zoning Comments
Jeffrey,
I've attached the application for the use by exception. The deadline to submit for the April Community Development
Board meeting is March 22nd. Let me know if you have any questions with that.
The current zoning does allow for residential units and mixed use development. The allowable density is 20 residential
units per acre for both the current zoning and for the TM zoning. Rezoning the property to Traditional Marketplace (TM)
is something staff would support and can help with if she is interested. However, TM does not allow wholesale even as a
use by exception. Alternatively, she could look at rezoning a section (ie southwest area) of the property to TM which
aliows for 0 foot setbacks and parking & Iandscaping reductions.
Let me know if you have any questions.
3 on on 3 orno oon ool oon
�IP/atiti��
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us.
Follow the City of Atlantic Beacon Facebook.
Florida has a very broad Public Records Law. Moswritten communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
From: JeffreBergen[maiiNo:JBerampakaciivilU.mmm]
Sent: Tuesday, March 09, 2021 4:11 PM
To: Broedell, Brian
Subject: RE: 1845 Mayport Rd Zoning Comments
Brian,
The owner does want to move forward with the exemption. She also asked me to ask you if her zoning would allow for
people to live above the shops like in a mixed used. She is looking at the traditional market place concept that appears
to be moving forward across the street and was thinking that it would be nice for the area to provide some residential
above her shops.
3
Page 29 of 66
Thanks for your help,
Jeffrey E. Bergen, P.E.
Goodson Bergen & Associates
10175 Fortune Parkway, Ste 403
Jacksonville, F| 32256
904'519'7770
From: Broedell, Brian
Sent: Thursday, February 25, 2021 11:53 AM
To: Jeffrey Bergen
Subject: RE: 1845 Mayport Rd Zoning Comments
Hi Jeffrey
Agenda Item #4.B.
20 Apr 2021
Typically, one development or site is parked as one category and if it's a mix of uses, is parked as a shopping center.
Parking the site as a shopping center is ideal since it would allow permitted businesses/uses to move in and out without
having to add parking or get special approvals which helps the owner avoid issues moving forward (much more
flexibility). Meeting this ratio with parking reductions is possible with tree preservation, bike parking, and motorcycle
parking. For example, iftree #68(marked for preservation) iopreserved inaddition totrees #1'3,11,12,33,8'39(see
whats possible) parking can be reduced by up to 4 spaces; one parking space can be converted to 4 motorcycle spaces at
4.5'X8' which = 2 parking spaces; and extra bike racks could reduce parking by up to 8 spaces (total 13 space reduction).
Feel free to send examples or questions. This would meet the shopping center ratio which again allows the owner
fiexibility with future tenants.
**�� °°u"14.,
Also, this business appears to be more wholesale than on-site retail. If less than 51% of sales is from on-site/in-person
retail sales, they will need to apply for a use -by -exception for limited wholesale. Use -by -exceptions are heard and voted
on by the Community Development Board. 1 have attached the application.
For architectural plans, note that this property is subject to the Commercial Corridor Standards
(S...:..
J. This section prohibits roofs that appear flat, open bay doors, metal exteriors and blank exterior walls in certain
areas.
Let me know if you have any questions.
Thank you,
1)1�e'7' (51 1)1 (51"1 E:1""
4
Page 30 of 66
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
IblbiroedeIIII@coalb.us
Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us.
Follow the City of Atlantic Beach on Facebook.
Agenda Item #4.B.
20 Apr 2021
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
From: Jeffrey Bergen[imaiillto:JI3eirge2pgbaciiviill.coim]
Sent: Thursday, February 25, 2021 8:47 AM
................................
To: Broe a krkr
Brian <iroe e@.kr
coa.us>
Subject: RE: 1845 Mayport Rd Zoning Comments
Brian,
Thanks for your comments. I wanted to discuss the parking count with you for this site. Attached is the floorplan for US
Flag Supply. The use for this building is a large portion of the left side of the building is for receiving materials and
material storage. There is a portion of the building at the front door in the area of the shelving that will have public
access for customers to enter and shop for flags, flap poles, and accessories. The area of the building behind the public
access is an area for photography for the website and packaging/shipping. Then the right side of the building is an office
space for a future tenant.
Can we itemize these areas for this building since it is purpose built and holding all of this square footage to a shopping
center ratio would not reflect its use. And in being able to do this, it will be easier to making a shopping center ratio
work for the rest of the buildings. When I sent this into COAB last year before the holidays for pre -app review, this kind
of feedback was what I was needing and would have been helpful so we would have had this worked out and wouldn't
be sitting in a position with a non-functioning site. So any help you can give on this matter for reducing the parking
would be extremely helpful and greatly appreciated. I know in your comments you mentioned additional bike racks and
such to help but I wanted to propose this itemization first and see where that gets us.
Thanks,
Jeffrey E. Bergen, P.E.
Goodson Bergen & Associates
10175 Fortune Parkway, Ste 403
Jacksonville, FI 32256
904-519-7770
5
Page 31 of 66
From: Broedell, Brian <.........................:..........:........@coa.................................s>
krkriroeekr.0
Sent: Tuesday, February 23, 2021 4:19 PM
To: Jeffrey Bergen <Ji:...r..gd@Iraciivii....:o.........m.....>
Subject: 1845 Mayport Rd Zoning Comments
Good afternoon,
Agenda Item #4.B.
20 Apr 2021
Attached are review comments from the Zoning Dept. Please wait until you receive all department reviews before
submitting any revisions. Feel free to reach out with any questions.
Thank you,
lona o 1 orno e 0000i µ
:r. :µ;i inf( ..
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(904)247-5822
IbIbiroedJllll_@coaIk.us
Want to receive City of Atlantic Beach news by email? lust say so in an email to infoC>coab. us.
Follow the City of Atlantic Beach on Facebook.
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and
agencies regarding State or Local business are public records available to the public and media upon request. Your email
communications, including your email address, may therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to ilnfa@.ai....uus. Follow the City of Atlantic
Beach on Facebook Ihitt.ps.( ..faceb ok. om iibYO.fA .11an iiLJ each. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to iinfa@.ai....uus. Follow the City of Atlantic
Beach on Facebook !ittps.( ver.facJIb ok. om iibYO.fA .11an iircBeach. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
Want to receive City of Atlantic Beach news by email? Just say so in an email to iinfa@.ai....uus. Follow the City of Atlantic
Beach on Facebook !ittps.( ver.facJIb ok. om iibYO.fA .11aim. ii:.Ef ch. Florida has a very broad Public Records Law. Most
written communications to or from State and Local Officials and agencies regarding State or Local business are public
records available to the public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
6
Page 32 of 66
20 Apr 20. 'L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.0
CASE NO. ZVAR21-0004
Request for a variance to reduce the ininiinuin rear yard setback to build an
addition at 512 Vikings Lane.
LOCATION 512 Vikings Lane
APPLICANT Jason and Dawn Engle
DATE April 20, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicants, Jason and Dawn Engle, are the owners of 512 Vikings Lane. This property is 75 feet wide
by 100 feet deep and is located in the Residential, Single- Family (RS -2) zoning district.
There is an existing, deteriorating sunroom at the back of the house. This sunroom was built without a
permit in 2004 and then approved after the fact in 2005. The sunroom was built 17 feet, 1.5 inches from
the rear property line. The minimum rear yard setback in this zoning district is 20 feet, making this
sunroom a nonconforming structure. Section 24-85 (b)(6) states "the voluntary demolition by the owner
of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of
such nonconformity (ies) and shall not be reconstructed and all construction there after shall comply with
the terms of this chapter". The
applicants would like to remove
this existing sunroom and
construct an enclosed addition
with the same rear setback of 17
feet, 1.5 inches. As such, the
applicants are requesting a
variance from section 24-
106(d)(2) to reduce the minimum
rear yard setback from 20 feet to
17 feet, 2 inches.
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ANALYSIS
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Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach."
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant stated "when we purchased the home in 2008, we recognized the permitted sun room
was made of lesser quality construction materials and had always planned on upgrading it to a
permanent addition which would be more energy efficient and retain the function and value of our
home. We were unaware if was non-compliant until we began takin actual steps toward replacing
the structure by obtaining a site plan drawing from an architect. It was them that we discovered the
room is over the 20' setback limit for the enclosed portion of the home in Atlantic Beach." The
applicant details reasoning in the application.
(5) Irregular shape of the property warranting special consideration.
Page 2 of 3
il,I!I�1!IIIUlIIII11R .
(6) Substandard size of a lot of record warranting a variance in order to provide for the reason/Or Or 20' 1
use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0004, request for a
variance reduce the minimum rear yard setback to build an addition at 512 Vikings Lane, upon finding
this request is consistent with the definition of a variance, and in accordance with the provisions of Section
24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below.
A variance may be granted al the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard si:e of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR21-0004, request for a
variance to reduce the minimum rear yard setback to build an addition at 512 Vikings Lane.
Page 3 of 3
Page 36 of 66
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME Jason and Dawn Engle
ADDRESS 512Vikings Lane
PROPERTY LOCATION 5lZVikings Lane
Agenda Item #4.C.
20 API' 2021
FOR INTERNAL OFFICE USE ONLV
BNA]Ljakengle@ynhoo.com/dgraphixnet@yahmo.cnm
CITY Atlantic Beach STATE FL ZIP CODE 32233
PHONE# 004J54-7795 CELL # 904-343-321
LOT# LOT2
LOT/PARCEL SIZE 75 x 100 Common ZONING CODE AR2
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Residential Low Density
PROVISION FROM WHICH VARIANCE 15 REQUESTED Section 24l06 - Exceed DyRear Set Back
Homeowners Association or Architectural Review Committee approvalrequired for the proposed construction
nYES NO (if yes, this must be submitted with any application for a Building Permit
Statement of facts and site plan related to requested Vahanne, which demonstrates compliance with Section 24-65 of the Zoning.
Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site DIan must clearlv
describe and denict the Variance that is reauested
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public h ;
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not lamer than
1 1x17 inches are submitted Dlease orovide eioht (8 copies of anv such documents.
5. Ap ation fee of $300.0
FORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
Jason A. Engle 3/24/201
PRINT OR TYPE NAME DATE
---ik/Y\^..\)
Signed and sworn before me on this day of
Dawn C. Engle
PRINT OR TYPE NAME
4_
�� \�a0J/\
Identification verified:
Oath Sworn:
es C] No
19 VARIANCE APPLICATION 08.25.2020
/-`1f/`S / ( c.-Ense
3/24/2021
DATE
' by State of f—[_
County of --NW
4
<Pief�^ ^'^—^^^'^" Nota ignature
— —--
Notary n�m'x^"°'�"= '
Commission #oo*o»m )
• .... Expires mySepm2023
.My[omm)ssionexpires
Page 37 of 66
Agenda Item #4.C.
70n�,?r21
The following paragraph sets forth reasons for which a Variance may be approved, please check the
circumstances that apply to your request and briefly describe in the space provided.
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
❑ 1. Exceptional topographic conditions of or near the property.
❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
❑ 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
im 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
When we purchased the home in 2008, we recognized the permitted sun room was made of lesser quality construction materials and had always
planned on upgrading it to a permanent addition which would be more energy efficient and retain the function and value of our home. We were
unaware it was non-compliant until we beaan takina actual stens toward renlacina the structure by obtainina ... (see attached for full comments)
❑ 5. Irregular shape of the property warranting special consideration.
❑ 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community
Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6)
months, beyond which time the Variance shall become null and void.
f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
I19 VARIANCE APPLICATION 08.25.2020
Page 38 of 66
ADDITIONAL COMMENTS:
Agenda Item #4.C.
2nn...2C21
Our desire is to retain the necessary function and size of our home as purchased in August of 2008, yet upgrade the permitted sun room for
improved durability and energy efficiency. We understand the importance of the setback criteria, yet are in a hardship position wherein
conversion of this room to a screened room (compliant) within this footprint would mean losing our only available living room space, ,., (see
attached for full comments)
19 VARIANCE APPLICATION 08.25.2020
Page 39 of 66
Agenda Item #4.C.
20 Apr 2021
Variance Request — Engle / 512 Vikings Lane
4. Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property. When we purchased the home in 2008, we recognized the
permitted sun room was made of lesser quality construction materials and had always planned on upgrading it to a
permanent addition which would be more energy efficient and retain the function and value of our home. We were
unaware it was non-compliant until we began taking actual steps toward replacing the structure by obtaining a site plan
drawing from an architect. It was then that we discovered the room is over the 20' setback limit for the enclosed portion of
a home in Atlantic Beach. We seek a variance to build the room at the same setback based on the following:
• The sun room was permitted in 2005 as a fully enclosed structure sitting 2' 10" over the rear yard setback.
® The permitted sun room is at the end of its useful life with the metal roof beginning to fail and leak, the structure is
pulling away from the home and mold is beginning to form at the floor seams.
• The room periodically experiences flooding during very heavy rain events. As is expected during heavy rain events,
the yard adjacent to the room will flood for short periods of time until the water has time to run off. This flooding
is an issue as the existing room is built on a foundation slab at the same elevation as the surrounding yard so water
finds its way in.
• The home has no other option for a living room. When purchased this sun room was the living room area and there
has been used as such from 2008 to present by us.
• The living room is currently 12' wide and is 2'10" over the 20' setback limit. If we rebuild the room to be compliant
with the setback criteria, then the new interior width of the room will be 9'2" wide, making it impractical for use as
a living room.
ADDITIONAL COMMENTS
Our desire is to retain the necessary function and size of our home as purchased in August of 2008, yet upgrade the
permitted sun room for improved durability and energy efficiency. We understand the importance of the setback criteria,
yet are in a hardship position wherein conversion of this room to a screened room (compliant) within this footprint would
mean losing our only available living room space, yet constructing a durable room in a lesser footprint to meet 20' setback
(compliant) makes it unusable space. Along with above reasons, our parents are aging and we have at one-time or another
had an elderly parent staying with us for extended periods so we could care for them. We have just relocated Dawn's
Mother to Sevilla after 3 months with us, so while she is separate and nearby, we unsure how long she will be able to live
on her own. Jason's father is also in declining health and his needs when visiting are best served by a larger room as well.
This front bedroom is used as a mini -suite for these extended stays by our aging parents, as it is well-suited for not only a
bed but a private sitting area that the other secondary bedrooms do not. This allows the parents a place of their own to
relax and retain some feeling of independence.
We have explored options to extend the life and efficiency of the room by having a professional seal/repair the roof from
leaks, which didn't work. We also explored putting double paned windows into the existing structure to obtain better
energy efficiency and were told it wouldn't support them. Finally, we also attempted sealing the ground -level seam at the
base of the structure, with no improvement. It is simply at that time to replace it with the only logical choice of replacing it
with better, longer lasting, durable home construction materials.
Page 40 of 66
Agenda Item #4.C.
20 Apr 2021
Variance Request — Engle / 512 Vikings Lane
STATEMENT OF FACTS
• The home at 512 Vikings Lane was purchased in August of 2008 by Mr. and Mrs. Engle with
the sun room attached and being used as the living room/family room for the home.
• As it stands, the room is 2' 10" over the 20' code set back for rear yards in Atlantic Beach.
The sunroom was permitted in February 2005 in the same size it exists today and the same
set back variance from the code.
• The request is to rebuild the deteriorating sun room as a more permanent structure and
part of the home and maintain the 2'10" over set back as currently exists.
Page 41 of 66
DISTANCE OVER
SETBACK REQUtSItj
O
0
ZEE E,�___ N67'25'38"W 75.38'
S22'32'00"W
20' BRL
#512
EXISTING
1 -STORY
BRICK & FRAME
-� 0 -
EXISTWG
LOW BRICK WALL
J
20' BRL
S67'28'00"E 75.00'
VIKINGS LANE
EXISTING SHED
REQUEST FOR SETBACK VARIANCE:
RE -BUILD SPACE (ON SAME
FOOTPRINT) TO BE CONDITIONED &
MATCH FINISHED FLOOR OF HOUSE
N22'45' 14"E
EXISTING FENCE
SITE PLAN
SCALE. 1- = 20'
Page 42 of 66
Doc # 2008201891, OR BK 14597 Page 489, Number Pages: 1, Recorded 08/05/2008 Agenda Item #4.C.
at 11:42 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED g
DOC ST $2366.00 20 Apr 2021
nrpral br
RoMa11. Head, Jr.
HEAD, MOSS, fULTON & NOBLE, l A
100 Connor Rod Sod!, Sure 120
lutlo Veen Bad; FIo,H 12012
Fde Nu +v. 05-041
Warranty Deed
Made this 31st day of July, 2008 A.D. By Joan M. Klein, an unmarried woman, whose address is: 4909 Shawnee
Court, Schnecksville, PA 18078, hereinafter called the grantor, to Jason A. Engle, an unmarried man, and Dawn C. Smith, an
unmarried woman, as joint tenants with right of survivorship and not as tenants in common, whose address is: 512 Vikings
Lane, Atlantic Beach, Florida 32233-4151, hereinafter called the grantee:
(Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs,
legal representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the grantee, all that certain land situate in Duval County, Florida:
Lot 2, Block 2, SEASPRAY, according to plat thereof as recorded in Plat Book 35, Pages 64 and 64A of the
current public records of Duval County, Florida.
Parcel ID Number: 170703-0276
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that
the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to
said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances except taxes accruing subsequent to December 31, 2007.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in our presence:
Witness Printed Name 4/. ,.agivir,ev
Witness Printed Name ) ri"1a, 261T'/
State of FLORIDA
County of ST. JOHNS
. Klein
Shawnee Court, Schnecksville, PA 18078
(Seal)
The foregoing instrument was acknowledged before me this 28th day of July, 2008, by Joan M. Klein, who is
personally known to me or who has produced a driver's license _ as identifi ation.
DEED Individual Warranty Deed - Legal on Face
Closers' Choke
Public' ,e� l/b/-7 N/. 2
Pri � Name: 11/ryor✓
My Commission Expires: %_J7-00
Page 43 of 66
CITY OF ATLANTIC BEACH
BUILDING / ZONING DEPARTMENT
800 Seminole Road
Atlantic Beach, Florida 32233
(904) 247-5800
(904) 247-5845 Fax
www.coab.us
PLAN REVIEW COMMENTS
Permit Application #
°S- 29642i
Property Address: NGS IANT
Applicant:
Project:
E t
CIT4' or
; • 7 ,
FEB 0 2 201$
BY:
H , Cooptlz
SUN ROOM
This permi application has been:
Approved
0 Reviewed and the following items need attention:
Please re -submit you application when these items have been completed.
Reviewed By: Date:
Agenda Item #4.C.
20 Apr 2021
Page 44 of 66
BY
1VE....D_.
or tii/NTIC!'iE/'+C41
JAN 2 6 201'
Job Address: v t \Lk n
Owner of Property: 442 V C 22,h
Address: \ S LJ fle)
Legal Description: Block [Dumber:
Agenda Item #4.C.
20 Apr 2021
I TY OF ATLANTIC BEACH
E .' IT APPLICATION
(Alterations & Additions)
Date: ‘. Oci
Contractor:
Lot Number:
Telephone:
Zoning District
State License Number:
Contractor Address:
r
Telephone: a 1 a 1 a c 4 k— �03a
,°,-w ,, M . �,,..�—Ei�"`: � max: � �- oI
Describe proposed use and work to be done:
Present use of land or building(s):
Valuation of proposed construction:
What are the dimensions of the added space:
Will the added area be heated and cooled?
a ISA.
" 1 feet x feet
New electrical or increase in service?
Add plumbing fixtures? Add fireplace? Add heating/air conditioning? y
Is approval of Homeowner's Association or other private entity required? - If yes, please submit with this
application.
Will this project involve changes in elevation, site grade or any use of 1111 material, or the addition of 5% or more to
the original impervious area or the removal of any trees?
®'NO. Applicant certifies that no change in site grade, impervious area or fill material will be used on this
project.
0 YES. See Step 2 below. Approval of the Public Works Department is required prior to issuance of a Building
Permit.
0140. Applicant certifies that no trees will be removed for this project.
❑ YES. Removal of Trees will be required for this project. TREE REMOVAL PERMIT IS REQUIRED. Tree
Removal Permits to be reviewed by the Tree Conservation Board, which meets two times each month.
Procedure: In order to expedite issuance of permits, please follow all steps and provide all information as annronriate.
Incomplete applications may result in delay in Issuance of permit.
STEP 1.
STEP 2.
Verify zoning designation and proper setbacks for the proposed construction. If you are unsure of this information, please
contact the Planning and Zoning Department at 904-247-5826. In order to correctly verify zoning designation, please have
Property Appraiser's Real Estate Number available.
Contact the City of Atlantic Beach Department of Public Works to determine if a pre -construction or post -construction
topographical survey or grading plan is required. (If not required, written verification must be provided with this application.)
The Department of Public Works is located at: 1200 Sandpiper Lane, Atlantic Beach, FL 32233 Telephone: (904) 247-5834
STEP 3, Submit Tree Removal Application if trees arc to be removed or relocated.
STEP 4.
Page 2
Please submit Building Permit Application, Energy Code Forrns, Notice of Commencement, Owner/Contractor Affidavit if
owner is contractor, and four (4) complete sets of construction plans to the Building Department, which is located at the Atlantic
Beach City Hall, 800 Seminole Road, Atlantic Beach, FL 32233 Telephone: (904) 247-5826
800 Seminole Road • Atlantic Beach, Florida 32233-5445
Telephone: (904) 247-5800 Fa:: (904) 247-5845 • bttp://www.ciatlantic-beach.fLus
Revised 8/04
Page 45 of 66
Application Number
Property Address
Tenant nbr, name
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233
INSPECTION PHONE LINE 247-5826
Agenda Item #4.C.
20 Apr 2021
05-00029644 Date 2/23/05
512 VIKINGS LN
SUNROOM
Application description RESIDENTIAL ADD/RENOVATE/ALTER
Property Zoning TO BE UPDATED
Application valuation . 5000
Owner
COOPER, HANNAH
512 VIKINGS LANE
ATLANTIC BEACH
(904) 249-2032
FL 32233
Contractor
OWNER
ATLANTIC BEACH
FL 32233
Permit
Additional desc
Permit Fee . .
Issue Date .
Fee summary
Permit Fee Total
Plan Check Total
Grand Total
W/W/O BUILDING PERMIT
110.00 Plan Check Fee
Valuation .
Charged Paid
110.00
55.00
165.00
110.00
55.00
165.00
Credited
.00
.00
.00
Due
.00
.00
.00
PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING
CODES.
BUI ornermi
55.00
5000
Page 46 of 66
MAP SHOWING BOUNDARY SURVEY Benda Item #4.C.
LOT Z BLOCK A S SHOWN ON MAP OF 20 Apr 2021
se -A SPiz Ate{
AS RECORDED IN PcA'T BOOK 35 PAGES G`(-6,YA OF THE l tr) b& c miz.DS o� DjvP4., (b.1 7.
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PERRET AND ASS'OCIATES, INC
1614 ATLANTIC -UNIVERSITY CIRCLE, JACKSONVILLE, FLORIDA 32207 - (904) 805-0030 - FAX (904) R05-9888
GENERAL NOTES
(1) BEARINGS SHOWN HEREON ARE BASED ON
5•w�° 29'00'E. FOR THE 51,../ 12/.4 LWC-
oF VIILIF-CGs�j Zj,7.rE
(2) THIS PROPERTY HAS NOT BEEN ABSTRACTED
FOR EASEMENTS, COVENANTS, RESTRICTIONS
(3) UNDERGROUND UTILITIES SERVING THIS
PROPERTY HAVE NOT BEEN LOCATED OR
SHOWN
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512 Vikings Lane
Dawn & Jason Engle
Variance Request 2021
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Agenda Item #4.C.
20 Apr 2021
Page 50 of 66
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Agenda Item #4.C.
20 Apr 2021
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Page 55 of 66
Agenda Item #4.C.
20 Apr 2021
City of Atlantic Beach
Attn: Community Development Board
800 Seminole Road
Atlantic Beach, FL 32233
Re: Variance Request at 512 Vikings Lane, AB 32233
Community Development Board Members:
I have known my neighbors, Jason and Dawn Engle, for nearly 12 years. They have
been great neighbors and have always maintained their home and lawn. Since they
moved in, they have always had the sunroom on the back of their home which is used
as their living room/family room space. I understand they are asking for a variance of
under 3ft for reconstructing this room, which is starting to show its age, in the same
footprint it now exists. My husband and I support allowing this variance and believe it
will not only improve the condition for the Engles, but the overall value of our properties
as well.
Page 56 of 66
Agenda Item #4.C.
20 Apr 2021
City of Atlantic Beach
Attn: Community Development Board
800 Seminole Road
Atlantic Beach, FL 32233
Re: Engle variance request — 512 Vikings Lane
Community Development Board Members:
I received the notice that Dawn and Jason Engle want to rebuild their Florida Room
into the same space as it stands today. I support their efforts to do this and would
agree with granting them the necessary variance of less than 3 feet to accomplish
this project in the best way possible.
Cordially,
5'41'6* Cct/
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Page 57 of 66
Agenda Item #4.C.
20 Apr 2021
City of Atlantic Beach
c/o Community Development Board
800 Seminole Road
Atlantic Beach, FL 32233
512 Vikings Lane variance reauest
Dear Development Board members,
I understand that on April 20, my neighbors, Dawn and Jason Engle, will address the
Board seeking a variance to the 20' rear yard setback requirements for an addition on
their home. 1 further understand that the variance they seek is to allow the rebuilding of
their current sunroom that has existed for 15 years or so with this same 3 ft +/-
encroachment to the rear property line.
I believe this variance should be granted - particularly since this room was in place
when they purchased the home. They only seek to replace and enhance the overall
utility and appearance of something that is long standing and now in need of
replacement.
Sincerely,
Page 58 of 66
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.D
CASE NO. ZVAR21-0003
Request for a variance to allow two sheds on a residential lot.
LOCATION 418 Mako Drive (RE# 171472-0000)
APPLICANT Maria Roman
DATE April 20, 2021
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant is Maria Roman, the owner of the property
at 418 Mako Drive. This property is located on the west
side of Mako Drive in the residential, single-family (RS -
1) zoning district.
The applicant has an existing shed in the rear yard of the
property. The existing shed is approximately 96 square
feet. The applicant is seeking a variance to allow a second
shed on the property. The proposed shed will be 80 square
feet and 9 feet and 6 inches in height. The proposed shed
will meet the accessory structure setbacks of 5 feet in the
rear and side yards.
Section 24-151 (b) (1) (1) "Storage and tool sheds, not to
exceed one hundred fifty (150) square feet and twelve (12)
feet in height. Only one (1) detached storage or tool shed
shall be allowed on any single residential lot. and such
structures shall be a minimum distance of five (5) feet from the rear and side lot lines."
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ANALYSIS
Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach."
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant wrote, "We would like to have a second shed in our backyard for extra storage." The
applicant stated that they have noticed some neighbors in the area have more than one shed in their
yard.
Page 2 of 3
il,I!I�1!IIIUlIIII11R .
(5) Irregular shape of the property warranting special consideration. 20 Apr 20. L
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0003, request for a
variance to Section 24-151 (b) (1) (1) upon finding this request is consistent with the definition of a
variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval
delineated in Section 24-65(c) and as described below.
A variance may he granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to
other properties in the area.
(4) Onerous effect of regulations enacted after platting or after development of the property or
after construction of improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard si:e of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR21-0003, request for a
variance to Section 24-151 (b) (1) (1), finding this request is not consistent with the definition of a variance.
Page 3 of 3
Page 62 of 66
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME Milk R if/t/
ADDRESS Li mim ) D R.
PROPERTY LOCATION
RE# I`� y72_0 00
BLOCK # f 3
LOT/PARCEL SIZE 7 % .7 ZONING CODE
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
FOR INTERNAL
'41.- 021
FILE # Vf R 2 I OCC)f-,
EMAIL
CITY //)-7-4.,.9.A/� C /3( STATE FL ZIP CODE .3 2.-2_ 3 j
PHONE #7) y 2WC, 9f f?JCELL # �� %-57G k._ y%_y' y
LOT #
UTILITY PROVIDER L
000
PROVISION FROM WHICH VARIANCE IS REQUESTED t \ 1L t tL- S, N�"� 2-6 -p 1,7- A - CI D
She /Ai 04r1 13fickym-ab . _n RQC Z•1 a00O
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
❑ YES ® NO (if yes, this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning,
Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly
describe and depict the Variance that is requested.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not larger than
11x17 inches are submitted, please provide eight (8) copies of any such documents.
5. Application fee of $300.00.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
SIATURE APPLIC��j �6%t7/ucYi(� of PRINT OR TY
SIGNATURE OF APPLICANT (2)
�• RPM 3 —G/ 0,Z/
NAME DATE
PRINT OR TYPE NAME
Signed and sworn before me on this 1 1 .. of Ma t` 01' ` . o?( by
et (cA L)Ps. () C inn CA
Identification verified:
Oath Sworn:
® S=at" No TONI GINDLESPERGER
MY COMMISSION # GG 35317
F��e EXPIRES: October 6, 2023
F`3 Bonded Thru Notary ublic Underwriters
19 VARIANCE APPLICATION 08.25.20"20"""'
DATE
State of t�
D O 'rte., l
County of
..01;*,
TONI ';PERGER
,
• .* MY COt,';i ''_ . i # GG 353178
Notar iw�...a *FC1z.:- :; ��, , 2023
Bonder
Public Underwriters
,,,,
My Commission expires
Page G3 of G
The following paragraph sets forth reasons for which a Variance may be approved, phaNitlittkittifikl
circumstances that apply to your request and briefly describe in the space provided. 20 Apr 2021
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
❑ 1. Exceptional topographic conditions of or near the property.
LI 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
❑ 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
❑ 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
W L i4./7 (LD LIKE %O f1` 9 vL /5'�c.O& ij 5'h 6.-P /iv 0c✓r2
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❑ 5. Irregular shape of the property warranting special consideration.
❑ 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be
performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community
Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6)
months, beyond which time the Variance shall become null and void.
f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
19 VARIANCE APPLICATION 08.25.2020
Page 64 of 66
AbDITIONAL COMMENTS:
Agenda Item #4.D.
20 Apr 2021
E 17' L// AJ7D 1-7
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S' 17E-1) 11L/T-iicr y4 i P ID -27 1./ PE T4(5
IA/ILL voi2K /A-, Cf F VO
79 VARIANCE APPLICATION 08.25.2020
Page 65 of 66
3/29/2021
ROMAN MARIA DE J ..A
418 MAKO DR
ATLANTIC BEACH, FL 32233-3906
Primary Site Address
418 MAKO DR
Atlantic Beach FL 32233
Property Appraiser - Property Details
Official Record Book/Page
03779-00910
418 MAKO DR
Property Detail
RE # 171472-0000
1 Tax District USD3
I Property Use 0100 Single Family
I # of Buildings 1
Legal Desc. I For full legal description see
Land & Legal section below
I Subdivision ( 03123 ROYAL PALMS UNIT 02A3.00
I Total Area 17517
The sale of this property may result in higher property taxes. For more information go to Save
Our Homes and our Property Tax Estimator . In Progress' property values, exemptions and
other supporting information on this page are part of the working tax roll and are subject to
change. Certified values listed in the Value Summary are those certified in October, but may
include any official changes made after certification Learn how the Property Appraiser's Office
values property.
Value Summary
I Value Description
Value Method
Total Building Value
Extra Feature Value
Land Value (Market)
Land Value (Agric.)
Just (Market) Value
Assessed Value
Cap Diff/Portability Amt
Exemptions
Taxable Value
2020 Certified
CAMA
$123,031.00
$0.00
$165,000.00
$0.00
$288,031.00
$105,672.00
$182,359.00 / $0.00
$55,500.00
$50,172.00
Agenda Item #4.D.
20A021
2021 In Progress
CAMA
$117,594.00
$0.00
$175,000.00
$0.00
$292,594.00
$107,151.00
$185,443.00 / $0.00
See below
See below
Taxable Values and Exemptions — In Progress
If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box.
County/Municipal Taxable Value
Assessed Value
SJRWMD/FIND Taxable Value 'School Taxable Value
$107,151.00 Assessed Value $107,151.00 Assessed Value
Homestead (FIX)
- $25,000.00 Homestead (HX) - $25,000.00
Homestead Banding 196.031(1)(b) (HB) - $25,000.00 Homestead Banding 196.031(1)(b) (HB) - $25,000.00
Widow (WF) - $500.00 Widow (WF)
Tot/Perm/Vet $5,000 (VT) 196.24 (VT) - $5,000.00 Tot/Perm/Vet $5,000 (VT) 196.24 (VT)
Taxable Value
$107,151.00
Homestead (HX) - $25,000.00
Widow (WF)
- $500.00
- $500.00 Tot/Perm/Vet $5,000 (VT) 196.24 (VT) - $5,000.00
- $5,000.00
$51,651.00 Taxable Value $51,651.00
Sales History rJ
Book/Page Sale Date Sale Price Deed Instrument Type Code
03779-00910 8/2/1974 $100.00 WD - Warranty Deed
03616-00521 7/17/1973 $100.00 MS - Miscellaneous
03302-00109 12/22/1971 $17,500.00 MS - Miscellaneous
4
Extra Features -A
No data found for this section
Land & Legal -i
Land
LN Code Use Description
1 0100 RES LD 3-7 UNITS PER
AC
Buildings
Building 1
Building 1 Site Address
418 MAKO DR
Atlantic Beach FL 32233
Building Type
Year Built
I Building Value
Type
Addition
Fin Screened
Porch
Base Area
Finished Open
Porch
Finished Garage
Total
Gross
Area
704
363
Zoning Front Depth Category Land
Assessment Units
ARS -1 80.00 93.00 Common 1.00
0101 - SFR 1 STORY
1971
$117,594.00
Heated
Area
704
0
Effective
Area
634
127
Element Code
Exterior Wall 15
Roof Struct 3
Roofing Cover 3
Interior Wall 5
Int Flooring 11
Int Flooring 14
Heating Fuel 4
Heating Type 4
Air Cond 3
1032 1032 1032 Element Code
Stories 1.000
128 0 38 Bedrooms 3.000
432 0 216 Baths 2.000
2659 1736 2047 Rooms / Units 1.000
https://paopropertysearch.coj. net/Basic/Detail.aspx?RE=1714720000
Taxable Value $76,651.00
Qualified/Unqualified
Unqualified
Unqualified
Unqualified
Land
Type
Lot
Land
Value
$175,000.00
Detail
15 Concrete Blk
3 Gable or Hip
3 Asph/Comp Shng
5 Drywall
11 Cer Clay Tile
14 Carpet
4 Electric
4 Forced -Ducted
3 Central
Detail
Vacant/Improved
Improved
Improved
Improved
Legal
LN Legal Description
1 31-16 17 -2S -29E
2 R/P OF PT OF ROYAL PALMS UNIT 2
A
3 LOT 3 BLK 13
FSP
It AOT
HAS
FOR
1 FOP
Page 66 of 66 1/2