550 Sherry Drive - nonconforming lots email to Realtor 01.03.04From:Askew, Amanda
To:"Lynn Mattingly"
Cc:Broedell, Brian
Subject:RE: 550 Sherry Drive, 32233
Date:Wednesday, January 3, 2024 5:06:00 PM
Attachments:City-of-AB-letter.pdfSurvey.pdf
Good afternoon,
Thank you for your inquiry about the letter dated 05-08-2014 from a former Planning Director
regarding the lot split at 550 Sherry Drive. Staff has determined that this letter is not
applicable.
While this property is considered four lots of records (lot 336, 337, 342 and 343 Section No. 3
Saltair) they are nonconforming lots because the lots do not meet the min. lot width
requirements for this zoning district (RS-2). Section 24-84 (a) of the Land Development
Regulations considers lots 342 and 343 a developed site (one property) since, the house built
over the lot lines. This house combined/merged the lots 342 and 343.
In order to subdivide, the new properties will have to meet the Residential Single-Family (RS-2)
min. zoning district requirements (min. 75’ lot width, min. 100’ lot depth and min. lot area of
7,500).
Lots 336 and 337 are primarily wetlands and are nonconforming due to the min. lot width,
min. lot depth and min. lot area. While the survey indicates they abut the Sylvan Drive right-
of-way, this area is part of Howell Park. Lots 342 and 343 are nonconforming due to the min.
lot width and min. lot size.
“Sec. 24-84. - Lots of record and nonconforming lots of record.
(a) Multiple lots and parcels treated as a single development parcel. In the case where more than one
(1) parcel, platted lot or lot of record has been merged or combined and developed as a single
development parcel, such lots shall not later be developed as a single lot, unless all requirements for
development as a single lot shall be met including, but not limited to, impervious surface area
limitations and provision of all required yards for all structures. See Figure 4.”
In addition, the wetland information mentioned in the letter is not correct. Section 24-271 (c)
(2) requires a buffer adjacent to wetlands.
“(2) For development occurring after March 8, 2010, a natural vegetative buffer, which is a
minimum width of twenty-five (25) feet, shall be maintained between development and all other
jurisdictional wetlands not described in the preceding paragraph. In cases where the minimum
twenty-five-foot buffer is demonstrated to be unreasonable or impractical, an averaged twenty-five-
foot undisturbed buffer with a minimum no less than fifteen (15) feet may be provided.”
Please note that Chapter 24 identifies a waiver process for potential lot widths that don’t
meet the min. zoning district width. However, the min. lot size of 7,500 square feet must be
met. In theory, an application could be made for a waiver to create two lots with a 50’ lot
width along Sherry Dr. (Combine lot 343 and 336 to meet the min. lot depth and min. lot size
and combine lots 342 and 337 to meet the min. lot depth and min. lot size.) The application
can be found here:
https://www.coab.us/DocumentCenter/View/11541/15-Land-Dev-Regulation-Waiver
Please note that this is an application and it will be voted upon by Commission.
“Sec. 24-66. - Waiver.
(a) General. Except for those waivers authorized by section 24-190, where the city commission finds that
undue hardship due to unreasonable practical difficulties may result from strict compliance with this
chapter, the city commission may approve a waiver.
(b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a written
request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The city
commission shall not approve a waiver unless:
(1) Compliance with such provision(s) would be unreasonable; or
(2) Compliance with such provision(s) are in conflict with the public interest; or
(3) Compliance with such provision(s) are a practical impossibility.
(c) A waiver shall not modify any requirement or term customarily considered as a variance.
(d) A waiver shall be considered only in cases where alternative administrative procedures are not set forth
within the city Code of Ordinances.
(e) A waiver from the land development regulations may be approved only upon showing of good cause,
and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which
conforms to the general intent and spirit of these land development regulations. In considering any request
for a waiver from these land development regulations, the city commission may require conditions as
appropriate to ensure that the intent of these land development regulations is enforced.”
Please let me know if you have any questions.
Amanda L. Askew, AICP
Director of Planning, Community Development & Building
800 Seminole Road
Atlantic Beach, FL 32266
904-247-5841
From: Lynn Mattingly [mailto:Lynn@LynnListsJAX.com]
Sent: Tuesday, December 26, 2023 8:13 PM
To: Askew, Amanda <aaskew@coab.us>
Subject: 550 Sherry Drive, 32233
Amanda,I have a listing appointment on Thursday with the current owners, as of 2020, for the above
address. Under the documents section of the previous listing in MLS I found this letter. Seeattached.
I would like to verify that this guarantee from the COAB is still in effect?If you are not the correct person to handle this could you refer me to someone with the
COAB?Thank you,
Lynn
.