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0 12th Street ZVAR23-0030 PACKETZVAR23-0030 I hereby certify that this Survey of the lands described hereon was made under my direct supervision, and to the best of my knowledge and belief is a true and accurate representation of said lands and meets the Standards of Practice set forth in Chapter 5J-15.050 through 5J -15.053, Florida Administrative Code, pursuant to section 472.027, Florida Statutes. This survey is not valid without the signature and original raised seal of a Florida licensed surveyor and mapper, except when the electronic signature and seal of a Florida licensed surveyor and mapper is affixed hereto. PROPERTY ADDRESS: DATE SIGNED: FIELD WORK DATE: REVISION DATE(S): POINTS OF INTEREST:SURVEYORS CERTIFICATION: SURVEY NUMBER: SEE PAGE 2 OF 2 FOR LEGAL DESCRIPTION PAGE 1 OF 2 - NOT VALID WITHOUT ALL PAGES 2207.47080 12TH STREET, ATLANTIC BEACH, FLORIDA 32233 07/26/22 7/26/2022 L1 B.R. (ASSUMED)SIRC SIRC SIRC UR 1/2" FIRC LB7337 1/2" FIP NO ID @ LOT COR. UP 1/2" FIRC LB7337 1/2" FIPC ILL. @ PLAT LIMIT 1/2" FIP NO ID @ B.C. LOT 1 BLK 4 LOT 2 BLK 4 LOT 3 BLK 4 VACANT 20.0'LC 12TH STREET (40' R/W) 25.0'LCEAST COAST DRIVE (50' R/W)6' WF0.3' ON ON LINE MANDALAY P.B. 10, PG. 11 LINE TABLE:OCEAN BOULEVARDLOT 4, BLK 4 LOT 5, BLK 4 SURVEYOR'S NOTES: FENCE OWNERSHIP NOT DETERMINED.C-1R= L= 30.00'(P&M) 47.12'(P) 47.85'(M) C-1 P.C. P.T. 2207.4708 BOUNDARY SURVEY DUVAL COUNTY 1 inch = 30' ft. GRAPHIC SCALE (In Feet) NONE VISIBLE (REV.0 7/26/2022) PROPERTY ADDRESS: JOB SPECIFIC SURVEYOR NOTES: LEGAL DESCRIPTION: GENERAL SURVEYOR NOTES: SURVEYOR’S LEGEND CERTIFIED TO: SEE PAGE 1 OF 2 FOR MAP OF PROPERTY PAGE 2 OF 2 - NOT VALID WITHOUT ALL PAGES FLOOD ZONE INFORMATION: SURVEY NUMBER: DATE SIGNED: BUYER: LENDER: TITLE COMPANY: COMMITMENT DATE:CLIENT FILE NO: 2207.4708 0 12TH STREET, ATLANTIC BEACH, FLORIDA 32233 NO CERTS PROVIDED 07/26/22 THE ASSUMED BEARING REFERENCE OF SOUTH 0 DEGREES 04 MINUTES 00 SECONDS EAST IS BASED ON THE EASTERLY PROPERTY LINE OF LOT 1, BLOCK 4, LOCATED WITHIN ATLANTIC BEACH PARKWAY NO. TWO ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGE 83 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. LOT ONE, BLOCK FOUR, ATLANTIC BEACH PARKWAY NO. 2. ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGE 83, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. NO CERTS PROVIDED NOT REVIEWED BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING MUNICIPALITY OR WWW.FEMA.GOV, THE PROPERTY APPEARS TO BE LOCATED IN ZONE X AND X SHADED. THIS PROPERTY WAS FOUND IN CITY OF ATLANTIC BEACH, COMMUNITY NUMBER 120075, PANEL NUMBER 0409 DATED 11/02/2018. 1. The Legal Description used to perform this survey was supplied by others. This survey does not determine nor imply ownership of the lands or any fences shown hereon. Unless the Title Commitment Number is referenced on this survey, an examination of the abstract of title was NOT performed by the signing surveyor to determine which instruments, if any, are affecting this property. 2. The purpose of this survey is to establish the boundary of the lands described by the legal description provided and to depict the visible improvements thereon for a pending financial transaction. Underground footings, utilities, or other service lines, including roof eave overhangs were not located as part of this survey. Unless specifically stated otherwise the purpose and intent of this survey is not for any construction activities or future planning. 3. If there is a septic tank or drain field shown on this survey, the location depicted hereon was either shown to the surveyor by a third party or it was estimated by visual above ground inspection. No excavation was performed to determine its location. 4. This survey is exclusively for a pending financial transaction and only to be used by the parties to whom it is certified. 5. Alterations to this survey map and report by other than the signing surveyor are prohibited. 6. Dimensions are in feet and decimals thereof. 7. Any FEMA flood zone data contained on this survey is for informational purposes only. Research to obtain said data was performed at www.fema.gov and may not reflect the most recent information. 8. Unless otherwise noted “SIRC” indicates a Set Iron Rebar with a Cap stamped LB#8291, a minimum half inch in diameter and eighteen inches long. 9. If you are reading this survey in an electronic format, the information contained on this document is only valid if this document is electronically signed as specified in Chapter 5J17.062 (3) of the Florida Administrative Code and Florida Statute 472.025. The Electronic Signature File related to this document is prominently displayed on the invoice for this survey which is sent under separate cover. Manually signed and sealed logs of all survey signature files are kept in the office of the performing surveyor. 10. The symbols reflected in the legend and on this survey may have been enlarged or reduced for clarity. The symbols have been plotted at the approximate center of the field location and may not represent the actual shape or size of the feature. 11. Points of Interest (POI’s) are select above-ground improvements, which may appear in conflict with boundary, building setback or easement lines, as defined by the parameters of this survey. These POI’s may not represent all items of interest to the viewer. There may be additional POI’s which are not shown or called-out as POI’s, or which are otherwise unknown to the surveyor. 12. Utilities shown on the subject property may or may not indicate the existence of recorded or unrecorded utility easements. 13. The information contained on this survey has been performed exclusively by and is the sole responsibility of Exacta Land Surveyors, LLC. Additional logos or references to third party firms are for informational purposes only. 14. Pursuant to F.S. 558.0035, an individual employee or agent may not be held individually liable for negligence. 15. Due to varying construction standards, building dimensions are approximate and are not intended to be used for new construction or planning. LINETYPES Boundary Line Center Line Chain Link or Wire Fence Easement Edge of Water Iron Fence Overhead Lines Structure Survey Tie Line Vinyl Fence Wall or Party Wall Wood Fence SURFACE TYPES Asphalt Brick or Tile Concrete Covered Area Water Wood SYMBOLS Benchmark Center Line Central Angle or Delta Common Ownership Control Point Catch Basin ABBREVIATIONS (C) - Calculated (D) - Deed (F) - Field (M) - Measured (P) - Plat (R) - Record (S) - Survey A/C - Air Conditioning AE - Access Easement ANE - Anchor Easement ASBL - Accessory Setback Line B/W - Bay/Box Window BC - Block Corner BFP - Backflow Preventer BLDG - Building BLK - Block BM - Benchmark BR - Bearing Reference BRL - Building Restriction Line BSMT - Basement C - Curve C/L - Center Line Elevation Fire Hydrant Find or Set Monument Guywire or Anchor Manhole Tree Utility or Light Pole Well C/P - Covered Porch C/S - Concrete Slab CATV - Cable TV Riser CB - Concrete Block CH - Chord Bearing CHIM - Chimney CLF - Chain Link Fence CME - Canal Maintenance Easement CO - Clean Out CONC - Concrete COR - Corner CS/W - Concrete Sidewalk CUE - Control Utility Easement CVG - Concrete Valley Gutter D/W - Driveway DE - Drainage Easement DF - Drain Field DH - Drill Hole DUE - Drainage & Utility Easement ELEV - Elevation EM - Electric Meter ENCL - Enclosure ENT - Entrance EOP - Edge of Pavement EOW - Edge of Water ESMT - Easement EUB - Electric Utility Box F/DH - Found Drill Hole FCM - Found Concrete Monument FF - Finished Floor FIP - Found Iron Pipe FIPC - Found Iron Pipe & Cap FIR - Found Iron Rod FIRC - Found Iron Rod & Cap FN - Found Nail FN&D - Found Nail & Disc FRRSPK - Found Rail Road Spike GAR - Garage GM - Gas Meter ID - Identification IE/EE - Ingress/Egress Easement ILL - Illegible INST - Instrument INT - Intersection IRRE - Irrigation Easement L - Length LAE - Limited Access Easement LB# - License No. (Business) LBE - Limited Buffer Easement LE - Landscape Easement LME - Lake/Landscape Maintenance Easement LS# - License No. (Surveyor) MB - Map Book ME - Maintenance Easement MES - Mitered End Section MF - Metal Fence MH - Manhole MHWL - Mean High Water Line NR - Non-Radial NTS - Not to Scale NAVD88 - North American Vertical Datum 1988 NGVD29 - National Geodetic Vertical Datum 1929 OG - On Ground ORB - Official Records Book ORV - Official Record Volume O/A - Overall O/S - Offset OFF - Outside Subject Property OH - Overhang OHL - Overhead Utility Lines OHWL - Ordinary High Water Line ON - Inside Subject Property P/E - Pool Equipment PB - Plat Book PC - Point of Curvature PCC - Point of Compound Curvature PCP - Permanent Control Point PI - Point of Intersection PLS - Professional Land Surveyor PLT - Planter POB - Point of Beginning POC - Point of Commencement PRC - Point of Reverse Curvature PRM - Permanent Reference Monument PSM - Professional Surveyor & Mapper PT - Point of Tangency PUE - Public Utility Easement R - Radius or Radial R/W - Right of Way RES - Residential RGE - Range ROE - Roof Overhang Easement RP - Radius Point S/W - Sidewalk SBL - Setback Line SCL - Survey Closure Line SCR - Screen SEC - Section SEP - Septic Tank SEW - Sewer SIRC - Set Iron Rod & Cap SMWE - Storm Water Management Easement SN&D - Set Nail and Disc SQFT - Square Feet STL - Survey Tie Line STY - Story SV - Sewer Valve SWE - Sidewalk Easement TBM - Temporary Bench Mark TEL - Telephone Facilities TOB - Top of Bank TUE - Technological Utility Easement TWP - Township TX - Transformer TYP - Typical UE - Utility Easement UG - Underground UP - Utility Pole UR - Utility Riser VF - Vinyl Fence W/C - Witness Corner W/F - Water Filter WF - Wood Fence WM - Water Meter/Valve Box WV - Water valve PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR23-0030 Address: 0 12th Street (RE# 170366-0100) Applicant: Ian Brown PUBLIC HEARING(S) Body: Community Development Board Date October 17, 2023 Time: 6:00 PM Request: Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious surface area to construct a new single-family home at 0 12th Street. Summary: The applicant is requesting to exceed the maximum impervious surface area to build a new house on a vacant parcel. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advi sed that such person will need to insure that a verbatim record of all proceedings is ma de, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notic es https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlan tic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing. Request for a variance from Section 24- 105(f)(1) to exceed the maximum impervious surface area to construct a new single-family home at 0 12th Street. ZVAR23-0030 0 12th Street Site Context and Details Vacant lot located on the northeast corner of East Coast Dr and 12th Street. Zoned Residential, single-Family (RS- 1) Site Context and Details Unlike the standard rectangular lots in Old Atlantic Beach, the property was platted in 1937 with a curve along the southwest corner of the property. 1937 Plat Site Context and Details 50-ft ROW north of 12th St and 30-ft ROW south of 12th St. Site visibility (slightly offset) Transition between different ROW widths Proposed Plan The applicant is proposing to build a new single family home. They are requesting the impervious surface are to be calculated as if the property were 6,00 square feet (no curve). As a result, the property would exceed the maximum impervious surface area by 1.3% or 76.05 square feet. With curve No curve Proposal Lot size 5,831 sq.ft.6,000 sq.ft.5,831 sq.ft. Max impervious area 2,623.95 sq.ft.2,700 sq.ft.2,700 sq.ft. Imperviou s %45%45%46.3% Need for Variance Per Section 24- 105(f)(1), the maximum impervious surface area is RS-1 zoning district is 45%. The applicant is requesting to exceed the maximum impervious surface area by 1.3%. Considerations Although, unrelated to lot coverage staff used the “prevailing development pattern” per the definition of corner lot in Section 24-17 to determine the setbacks and concluded the western side and front yard setback to be measured as if the property was a rectangular lot due. This is not an option when determining impervious area or other aspects of the code. Property is a non-conforming lost due to the size and lot width. Grounds for Decision APPROVAL-existence of one or more of the following Section 24-65 (c) DENIAL- 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 improvement upon the property. 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The CDB may consider a denial upon finding that none of the requirements in 24-65 (c) exist. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR23-0030 Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious surface area to construct a new single-family home at 0 12th Street. LOCATION 0 12th Street APPLICANT Ian Brown DATE October 9, 2023 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Ian Brown, is representing the owners of 0 12th Street. This property is located on the northeast corner of 12th Street and East Coast Drive and is zoned Residential, Single-Family (RS-1). The property is vacant and has never been developed. According to the plat from 1937, the southwest corner (area of the property at the intersection of 12th Street and East Coast Drive) of the property curves, unlike the standard rectangular lots found in Old Atlantic Beach. This curvature shows up on all legal documents since the property was platted in 1937. This property is also considered non- conforming lot of record due to the size and lot width. The RS-1 requires a minimum lot size of 7,500 square feet and a minimum lot width of 75 feet. The existing lot width is less than 75 feet and property square footage is 5,831 square feet. Development is allowed to occur on this property per Section 24-84 (b)(1) provided “the proposed development complies with the minimum yard requirements for the applicable residential zoning district.” The applicant is requesting a variance from the maximum impervious surface to allow the impervious surface area to be calculated as if the property were 6,000 square feet (no curve). As a result, the property would exceed the maximum impervious surface by 1.3% or 76.05 square feet. Page 2 of 3 With curve No curve Proposal Lot size 5,831 sq.ft. 6,000 sq.ft. 5,831 sq.ft. Max impervious area 2,623.95 sq.ft. 2,700 sq.ft. 2,700 sq.ft. Impervious % 45% 45% 46.3% The applicant has not submitted a building permit and new construction has the opportunity not to exceed the maximum impervious area. Although, unrelated to lot coverage staff used the “prevailing development pattern” per the definition of corner lot in Section 24-17 to determine the setbacks. This is not an option when determining impervious area. 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) 1937 Plat Page 3 of 3 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. The applicant stated, “property includes easement for neighborhood private drain system. Easement is pervious and monitored by homeowner.” (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated, “property is contiguous with additional city easement which is pervious and also maintained by homeowner.” (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 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 ZVAR23-0030, request for a variance from Section 24-105(f)(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 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. (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 size 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 ZVAR23-0030, request for a variance from Section 24-105(f)(1). EXHIBITS Aerial of Subject (Comparison) Survey & Plat Map (Curvature) Map(s) – All East Coast Parcels Zoning Map – 12th & East Coast Aerial Images (Current) Support Letter s 12TH ST VARIANCE 1 INTRODUCTION EXECUTIVE SUMMARY VARIANCE – 12TH ST & EAST COAST TABLE OF CONTENTS: INTRODUCTION Applicant: Ian Brown & Family Deep roots – Mother near subject property on East Coast & 10 th St, Jacksonville native, former Atlantic Bch resident, now returning to beach to build our homestead and engage in the community. Growing family of 5 - wife Laurin (age undisclosed), son Conor (age 4), and daughters Chloe (age 18) & Harper (age 3) Active in community – past Chair of Jacksonville Planning Commission (4 yrs. of service), high -school track & field official/volunteer, real estate mentor/educator 12TH ST VARIANCE 2 EXECUTIVE SUMMARY Stated plainly, here is summary of facts and what minor relief I’m seeking – • Subject corner parcel is 60x100, but has atypical curvature at corner reducing site by 169 sf • COAB administratively granted my setbacks as if no curvature (rectangular) • COAB can’t administratively grant the corresponding coverage w/out variance hearing • Current 45% coverage ratio for the additional 169 sf = 76sf of coverage requested • Rare “Old Atlantic Beach” parcel which s taff reports “is vacant and has never been developed” • Platted with curvature in 1937, prior to any impervious/coverage ratio requirements • Small lot (non -conforming) for RS -1 zoning b/c less than 7500 sf • Development will still require (and comply) with stormwater drainage/retention requirements of COAB public works/planning/building depts • Corner lot has atypical greenspace between East Coast and parcel boundary (approx. 1,400sf of greenspace) • Corner location and adjacent greenspace mitigates any visual or perceived "crowding" of the site, and mitigates any draining concerns • The variance request is simply to treat this parcel as if rectangular, as COAB has already granted for setbacks, and as the site has functionally existed for 86+ years • Owner will maintain approx. 1,400sf greenspace (easement/city property) contiguous to the subject. Small request to include 169sf. 12TH ST VARIANCE 3 EXHIBIT – SITE CURVATURE 12TH ST VARIANCE 4 What you see What you get *Curvature is not consistent with actual configuration of 12th & East Coast intersection* EXHIBIT – SITE CURVATURE CONT. 12TH ST VARIANCE EXHIBIT – ATYPICAL EAST COAST DR CURVATURE 12TH ST VARIANCE 116± Parcels along East Coast Drive *subject is most adversely impacted with curvature* Subject (per staff report) is small and non-conforming for RS-1 and is the only small parcel with such extreme curvature. EXHIBIT – ATYPICAL EAST COAST DR CURVATURE (CONT.) 12TH ST VARIANCE 116± Parcels along East Coast Drive *subject is most adversely impacted with curvature* Subject (per staff report) is small and non-conforming for RS-1 and is the only small parcel with such extreme curvature. EXHIBIT – ATYPICAL EAST COAST DR CURVATURE (CONT.) 12TH ST VARIANCE The only 2 parcels with (nearly) as much curvature are much larger and zoned RS-L “Large Lot” which mitigates/reduces negative impact. Lot sizes above per GIS (maps.coj.net) Subject (per staff report) is small and non-conforming for RS-1 and is the only small parcel with such extreme curvature. 0.39 Ac 0.11 Ac (SUBJECT) EXHIBIT – ADDITIONAL SUBJECT PHOTOS 12TH ST VARIANCE CRITERIA FOR APPROVAL OF ZVAR23 -0030 12TH ST 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. (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 size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Approve ZVAR23-0030 YES YES YES YES YES YES EXHIBIT – SUPPORT (NOT IN ATTENDANCE) 12TH ST VARIANCE