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CDB 08.15.2023 Agenda City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, August 15, 2023 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the July 18, 2023 regular meeting of the Community Development Board. CDB 07.18.2023 Minutes (draft) 3 - 6 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 0 West 2nd Street COMP23-0002 (Ordinance No. 31-23-16) AND REZN23-0002 (Ordinance No. 90-23-251) Request is for a Future Land Use Map (FLUM) amendment to change the future land use map designation of 0 West 2nd Street (RE# 170834 -0000) FROM Residential Medium Density (RM) TO Commercial (CM). Also, a request for a rezoning of 0 West 2nd Street (RE# 170834-0000) FROM Residential, General, Two-Family (RG) TO Commercial, General (CG). 0 West 2nd Street REZN23-0002 and COMP23-0002 Application 0 W 2nd St REZN23-0002 and COMP23-0002 Staff Report--- 7 - 24 4.B. 378 4th Street ZVAR23-0020 (Robert Blackman) Request for a variance to reduce the minimum side yard setback on the east side of the property to construct an addition at 378 4th Street. 378 4th Street ZVAR23-0020 Application 378 4th Street ZVAR23-0020 Staff Report- 25 - 41 4.C. 1980 Mipaula Court ZVAR23-0022 (Patrick Johnson) Request for a variance from Section 24-68(b)(1) at 1980 Mipaula Court. 1980 Mipaula Court ZVAR23-0022 Application 1980 Mipaula Court ZVAR23-0022 Staff Report 43 - 51 4.D. 0 West 2nd Street ZVAR23-0023 (Harold J. Rooks) Request for a variance to exceed the maximum fence height at 0 West 2nd Street. 0 West 2nd Street ZVAR23-0023 Application 0 West 2nd Street ZVAR23-0023 Staff Report 53 - 67 4.E. 981 Sailfish Drive ZVAR23-0024 (Springfield Builders) 69 - 77 Page 1 of 77 Community Development Board (CDB) - 15 Aug 2023 Request for a variance to the platted Building Restriction Line (BRL) at 981 Sailfish Drive. 981 Sailfish Drive ZVAR23-0024 Application 981 Sailfish Drive ZVAR23-0024 Staff Report 5. REPORTS 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 77 Community Development Board (CDB) July 18, 2023 MINUTES Community Development Board (CDB) Meeting Tuesday, July 18, 2023 - 6:00 PM Commission Chamber Present: Kirk Hansen, Member Harold Gear, Member Sylvia Simmons, Member Ellen Golombek, Member Jeff Haynie, Member Richard Arthur, Member Absent: Jennifer Lagner, Member Angela Farford, Member Also Present: Amanda Askew, Planning & Community Development Director (PCDD) Abrielle Genest, Planner Jason Gabriel, City Attorney (CA) 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 June 20th regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 2311 Oceanwalk Drive West ZVAR23-0019 (Michael and Rachael McCann) - Withdrawn Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious surface area allowed within the RS-1 zoning district at 2311 Oceanwalk Drive West. Director Askew explained to the Board that a motion needed to be made to accept the withdrawal of this request since it had already been advertised. MOTION: To ACCEPT the withdrawal of ZVAR23-0019. Motion: Ellen Golombek Second: Sylvia Simmons Agenda Item #2.A. 15 Aug 2023 Page 3 of 77 Community Development Board (CDB) July 18, 2023 Kirk Hansen For Harold Gear For Sylvia Simmons (Seconded By) For Ellen Golombek (Moved By) For Jeff Haynie For Richard Arthur For Motion passed 6 to 0. B. 576 Stocks Street ZVAR23-0018 (Ryan Tomka) Request for a variance to exceed the maximum fence height at 576 Stocks Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked if the fence would cause a sight-line issue. Planner Genest said it would not. Mr. Haynie asked when the property was developed. Planner Genest said it was sometime around 2005 to 2008 and that was when the fence was installed. Mr. Arthur asked how the fence was allowed to be installed when the code at the time required it be 4 feet in height. Planner Genest said it could have been oversight but she wasn't sure. APPLICANT REPORT: Mr. Tomka introduced himself as the applicant. He explained there was a drainage issue that was contributing to their request. Mr. Tomka said that if the fence was installed to code it could block the drainage from the swale for all 8 townhomes. Mr. Gear asked if the applicant was attempting to replace it due to the failing condition of the fence. Mr. Tomka said he was. He showed a few pictures to the Board. Mr. Haynie asked what difference it would make to keep the drain outside of the fence. Mr. Tomka said that when there is a storm the residents will clear the drain but he said th ey won't come around the fence to do that. Chair Hansen said it looked like moving the fence toward the home would put it in a swale and affect the water retention. Ms. Simmons said it looked like the yard sloped right off of his patio. Mr. Tomka said t hat was correct. There was further discussion and pictures of the back yard. Ms. Golombek asked if the fence was shorter could it be closer to the street. Director Askew said the applicant can go to the property line with a 4 foot fence but in order to have a 6 foot fence he would have to be setback 10 feet from the property line. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Mr. Gear said he thought it would be nice to get rid of the fence due to its condition. Chair Hansen said it doesn't make sense to move the fence to the middle of the swale where it would be about 2 feet lower. He said there wasn't an issue with the visibility and recommended granting the variance. Ms. Simmons said that Agenda Item #2.A. 15 Aug 2023 Page 4 of 77 Community Development Board (CDB) July 18, 2023 could be done with a 4 foot fence. She said the request might fall under topographic conditions. Mr. Arthur agreed that putting a 6 foot fence in the middle of the swale wouldn't make sense just to meet the language of the code written in 1999. Ms. Simmons said she thought the intent of the code was to prevent a walled-off look on the street. This was discussed further. MOTION: To APPROVE ZVAR23-0018 on the grounds of decision #1 exceptional topographic conditions of or near the property. Motion: Harold Gear Second: Ellen Golombek Ms. Golombek asked if this was something that the Board could take a look at when revising Chapter 24. Director Askew said it would be the perfect opportunity to do that. Kirk Hansen For Harold Gear (Moved By) For Sylvia Simmons Against Ellen Golombek (Seconded By) For Jeff Haynie Against Richard Arthur For Motion passed 4 to 2. C. Chapter 24 (Land Development Regulations) and Impervious Area discussion Chair Hansen said that he asked to put Chapter 24 and impervious area on the agenda for discussion. He said that he was motivated by the strict adherence to the 45% impervious requirement for a request at the last meeting. Chair Hansen said he thought he had sent a letter to everyone on the Board explaining his reasoning but he regretted that the letter didn't get to them. He read a lengthy portion of the letter to the Board that explained his reason for justifying the approval of that request. Chair Hansen said there are subdivisions that should have exceptions to this requirement because they have master storm water detention areas. Ms. Golombek said she didn't realized that some subdivisions were created with storage and drainage systems. She said the Board should be very clear on any exceptions and requirements. Chair Hansen said that all of Atlantic Beach shouldn't be treated the same. The Board said they would like to have Staff make recommendations. Director Askew went into details on the history of the stormwater master plan. She introduced Greg Powell as an engineer who was going to address the Board. Director Askew said they were going to approach Jones Edmunds to revisit Chapter 24. Mr. Arthur agreed that the requirements shouldn't apply evenly across the City due to the vast variables that exist with different properties and subdivisions. Ms. Simmons spoke about history of the stormwater system for Old Atlantic Beach. Agenda Item #2.A. 15 Aug 2023 Page 5 of 77 Community Development Board (CDB) July 18, 2023 Greg Powell, 1871 Selva Marina Drive introduced himself as an engineer and a resident of Atlantic Beach for 30 years. He said he reviewed the final memo from Jones Edmunds from 2018. Mr. Powell went over the pros and cons in the report but added that the memo is out of date. He said the Kerr method is the more acceptable method for calculations of pervious areas. He explained that the City of Atlantic Beach method requires more storage than necessary. Chair Hansen asked Attorney Gabriel if Board members could look at some of the different properties. Mr. Gabriel said they can as long as they go alone and not with another Board member. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:32 p.m. Attest: Amanda Askew Kirk Hansen, Chair Agenda Item #2.A. 15 Aug 2023 Page 6 of 77 NAME ADDRES ardio;3/TIZJOLS l\a,.r6’i(/I'G’di<.51%@A0‘/ me»:/, com ix]1/.1»j/,«_74L;3 71 044 7 W/mJ.o?ak #2 an 3}M In 0 7 AL «Q/J STATE ZIP CODE CELL# EMAK PHONE# REZONING APPLICATION FOR INTERNALOFFICEUSEONLY City of Atlantic Beach pERM|T#(i2[:2 MZ,3W1 Community Development Department 800 Seminole Road Atlantic Beach,FL32233 D $550_0O Zoning Map Amendment P O4-247-5800()9 $1,000.00Text Amendment PROVIDE ALLOF THE FOLLOWINGINFORMATION: 1.The names and addresses of all owners of the subject property. 2.The existing and proposed zoning district of the subject property.(Requested Action) 3.A statement of special reasons and justi?cation to support the rezoning as requested. 4.The signature of each owner of the lands sought to be rezoned. I HEREBYCERTIFYTHAT ALLINFORMATIONPROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent SITE INFORMATION ADDRESS SUBDIVISION .5'C BLOCK RE#7 5”}"0 o LOT/PARCELSIZE ,-LL 0.g ZONINGCOD E COMPREHENSIVEPLANFUTURELANDUSEDESIGNATION REQUESTEDPROVISIONSFROMWHICHWAIVERIS SOUGHT DATS| DAT f ?ak;3’/\71/1} TGMGENDLESPERGER _,"-1MYCOMMISSION#GG353178 EXPiRES:October?.2023 2,F_f,¥,‘.’~~"BondedThruNotaryPublicUnderwrite Notary Signature My Commission expires Oath Sworn:Yes by State of Cou of IGNATU EOF APPLICANT(2)PRINTORTYPENAM E Signed and sworn before me on this day of F APPLIC T PRINTORTYPENAM 21 REZONINGAPPLICATION02.28.2023 Identi?cation veri?ed: APPLICANTINFORMATIO LO CIT ’QM‘!7:15, Agenda Item #4.A. 15 Aug 2023 Page 7 of 77 /a \/«2h(/M/.-.,.;»a?e/\/ ZONINGCOD E FLOODZONE FUTURE LAND USE MAP (FLUM)AMENDMENT ran INTERNALop;-1:5 usgomy City Of Atlantic Beach FILE#Z Community Development Department 800 Seminole Road Atlantic Beach,FL32233 9 (p)904.247.5300 SMALL SCALEDEVELOPMENT SITE INFORMATION ADDRESS CITY STATE ZIPCODE SUBDIVISION 5'5 ‘ RE#3 —-p CURRENTFLUI/IDESIGNATION PROPOSED FLUMDESIGNATION APPLIC NTINFORMATION ADDRES Kn:<:o~/5 07‘4/far‘-EC 3:/‘aef “H *g 53%631 ”“ 745.4 1.. audit}'3’[cold 7 70‘/«37.2—M67 ‘//w lmf 5%/{J 7:29546 07.2; #1 3.1133CITYSTATEZIPCODE EMAIL OWNER [___|LEGALAUTHORIZEDAGENT REQUESTFOR FUTURELANDUSE MAP (FLUM)AMENDMENT:Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any permit or Development Order.Use and development lands related to this land use map amendment,if approved,and any zoning change shall be subject to compliance with all applicable local Lan dDevelopmentRegulations,any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C"constru ction. PROVIDEALLOF THE FOLLOWINGINFORMATION DESCRIPTIONOF PROPOSEDUSE AND PROPOSEDDEVELOPMENTACTIVITY(ALSOINCLUDEANTICIPATEDDEVELOPMENTANDANY PHASINGSCHEDULE). CELL# IDENTIFYALLPUBLICAND PRIVATESERVICEPROVIDERSOF WATER,SEWER,ELECTRIC,SOLIDWASTE,ETC.PROVIDEESTIMATESO FWATER,SEWERAND SOLIDWASTEDEMAND. NUMBEROF WETLANDACRES IDENTIFYANYOTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT IDENTIFYA\lY OTHERENVIRONMENTALLYSENSITIVELANDS,ANYLISTEDOR ENDANGEREDSPECIESOR HABITAT NI “22 FUTURELAVDUSEAMENDMENT-SMALL02.28.2023 V‘2 LOT# PARCELSIZ TOTALACREAGE PHONE# 'Jl'l h M NAM BLOCK# Agenda Item #4.A. 15 Aug 2023 Page 8 of 77 H: ‘NilESTIMFTEI)IMPACTTOADOPTEDLEVELOF SERVICESTANDARDSAS ESTABLISHEDBYTHECAPITALIMPROVEMENTSELEMENTOF TH EEFFECT.VECOMPREHENSIVEPLAN. DA DAT 22 FUTURELANDUSEAMENDMENT-SMALL02.28.2023 are/‘JT ‘JUL7/K Notary Signature My Commission expires Oath Sworn:Yes by State of County of SIGNATUREOF APPLICANT(2)PRINTORTYPENAM E Signed and sworn before me on this day of APPLICATIONPACKAGE CHECKLIST *Additionalinformation may be required,depending upon circumstances unique to individual applications .COVERPAGE:Identifying the project. TABLEOF CONTENTS:Include a list of all exhibits and attachments. STATEMENT:Statement addressing need and justi?cation for requested amendment. APPLICATION:Thisform completed in it's entirety. LISTOF ADJACENT PROPERTY OWNERS AND ENVELOPES:A list of adjacent property owners within 300 feet of the property including name,mailing address and their real estate number (located at the Property Appraiser's recent certi?ed tax rolls). Include a legal size envelope addressed to each property owner on the list (do not include a return address).Each envelope must contain proper postage.The order of the enve 0 es must match the order in which th names a ear on the list. 6.PROOFOF OWNERSHIP:Deed or certi?cate by lawyer or abstract or title company that veri?es record owner as above. 7.LETTEROF AUTHORIZATION:Ifthe 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. 8.SURVEYAND LEGALDESCRIPTION:Current survey and legal description of property sought to be rezoned. 9.LOCATIONMAP:General location map with property subject to application clearly identi?ed. 10.SITEPLAN:Site plan containing the following if applicable to the proposed project (account for all land included). U'l-bl-A-II\l—\ Number and types of dwelling units Type and square feet of commercial or industrial uses Any existing structures and proposed use Any open space,buffers and recreational areas Wetlands,streams,creeks,lakes or any other water bodies or Environmentally Sensitive Lands Most recent aerial photograph of site and surrounding lands Drainage and storm water facilities and other infrastructure,including ingress and egress,internal access and roadways 11.REQUIREDNUMBEROF COPIES:One (1)digital copy -additional paper copy is optional 12.APPLICATIONFEE:$250.00 I HEREBYCERTIFYTHAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or AuthorizedAgent GNATUR OF APPLICA PRINTOR TYPENAME Identi?cation veri?ed: ,TONIGENDLESPE RGERMYcomwnssaou#GG353173 5 EXPIRES:October6,2023 BondedThruNotary PublicUnderw?t I ; I Agenda Item #4.A. 15 Aug 2023 Page 9 of 77 Doc #2021196990,OR BK 19841 Page 562,Number Pages:3, Recorded 08/02/2021 10:15 AM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $27.00 DEED DoC ST $7700.00 Prepared By:I Record &Return To: Attorneys Titie Services,LLC 12428 San Jose Bivd,Suite 1 Jacksonviiie,FL 32223 File No;FL-210581 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED,is made this ’?HmgfdayofJuly,2021,by 41 WEST 2ND ST LLC,a Florida limited tiability company and APC JAX,LLC,a Florida limited liability company,and CLC JAX,LLC,a Florida limited liability company,whose post office address Es:36 W 6th Street,Atlantic Beach,FL 32233 (collectiveiy the "Grantors"),to Oceanside Collision LLC whose post office address is: 41 W 2ND ST,Atiantic Beach,FL 32233 (Grantee). WITNESSETH: That the Grantors,for and in consideration of the sum of Ten Boilers ($10.00)and other good and vaiuable consideration,the receipt and sufficiency of which are hereby ackrrowiedgeci,does hereby grant, bargain,sell,alien,remise,release,convey and con?rm unto the Grantee at!that certain iand tying and being in Duval County,Ftorida,and more particuiarly described herein below (the “Property"): Parcel 1: Lots 4 and 5,and the East 112 of Lot 6,Block 26,Section "l-2"Atlantic Beach,a subdivision according to the piat thereof recorded at Plat Book 18,Page 34,in the Public Records of Deval County,Ftorida. Parcel 2: The West 112 of Lot 6 and all of Lot 7,Biock 26,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,inthe Public Records of Duval County,Florida. Parcei 3: Lots 1 and 2,Block 81,Section "H"Atlantic Beach,a subdivision according to the ptat thereof recorded at Plat Book 18,Page 34,in the Public Records of Buval County,Fiorida. Parcel Identification No.:170732-0000,170834-0000 and 170733-0000 TOGETHER WITH aEE the easements,tenements,hereditarnents,and appurtenances thereunto betonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. Agenda Item #4.A. 15 Aug 2023 Page 10 of 77 OR BK 19841 AND the Grantors hereby covenants with Grantee that,except as noted above,at the time of delivery of this Special Warranty Deed said Property was free from alt encumbrances made by Grantors and that Grantors shall and wilt WARRANTAND DEFEND the same against the lawful claims and demands of aEE PAGE 563 persons claiming by,through or under Grantors but against none others. IN WITNESS WHEREOF,the Grantors have caused this Speciat Warranty Deed to be executed by its duly authorized officer on the day and year first above written. Signed sealed,and delivered in the presence of: 5?’My Vjfrz;»---‘NM,/r 5‘am ,.~4"’J-7',-.,‘,,.5"MM" P°FTn"t"Name:5::f§*ra¥‘rw..§z-v‘e»-.e:wrs"- Print 337161 Name: 41 WEST 2ND ST LLC,a Ftorida limited liabilitycompany I W 1;,a av /44;"..-,W 2AtsaaroP.cerqtxeag M .aQ§':;: BY;r £*’€Jv£:*'%".‘.:g‘f €//'mW‘mMWwCatherineL.Cerqueira Manager APC JAX,LLC,a Florida limited liabiiity company BY;“is”r./'-<gx_:<;:~«»»/"-rr-We,.AtillioP.Cerquf’ra //,. CLC JAX,LLC,a Florida limited liability company Manager ii’ Manager Agenda Item #4.A. 15 Aug 2023 Page 11 of 77 OR BK 19841 PAGE 564 STATE OF FLORIDA COUNTY OF DUVAL The foregoing special warranty deed was acknowiectged before me by means 0{xj§;_physical presence or oniine notarization this T373-“§day of July,2021,by Atillio P.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Fiorida limited liability company,and as Manager of APC JAX,LLC,a Ftorida iimited Eiabilitycompany,who produced a vaiid Florida drivers‘license as identi?cation. /K" CHARLESR.wooo ixrézarypubnc Commission#GG970899 /?,¢.. ExpiresMazch11,2D24 ij xi;9;,«»m;away at 5:62’- Bondad?m:Budgalitularysurvioes Notary Printed or Typed Name ,5 ;{,:*c>a 2 2; My Commission Expires: STATE OF FLOR1DA COUNTY OF DUVAL -) The foregoing speciai warranty deed wasacknowiedged before me by means of physécai presence or onttne notarization this 3i.‘”2*’”"*“"dayofJuly,2021,by Catherine L.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Fiorida iimited iéabitity company,and as Manager of CLC JAX,LLC.a Fioricia EimitedIiabéiity company,who produced a vatid Ftorida drivers‘iicense as identification. Noteyfpgbrac .._/ff.9%:”?L:>;;*°éwv‘/Wff Notary Printed or Typed Name «-32.?g? My CominiesionExpires: Agenda Item #4.A. 15 Aug 2023 Page 12 of 77 Principal Address Florida Limited Liability Company OCEANSIDE COLLISION,LLC Document Number L14000O64727 FEIIEINNumber 46-5435805 Date Filed 04/21/2014 Effective Date 04/21/2014 State FL Status ACTIVE 41 W.2ND ST ATLANTICBEACH,FL 32233 41 W 2ND ST ATLANTIC BEACH,FL 32233 ROOKS,HAROLD J 41 W 2ND ST ATLANTIC BEACH,FL 32233 Name &Address 'Ft|e MANAGER MEMBER ROOKS,HAROLD J 41 W.2ND ST ATLANTICBEACH,FL 32233 Report Year Filed Date 2021 01/05/2021 2022 01/05/2022 2023 01/03/2023 Doc ment lmaggg https://search.sunbiz.org/|nquiry/CorporationSearch/SearchResu|tDetai|?inquirytype=EntityName&directionType=Initia|&searchName0rder=OCEANS|...1/2 M?§ Authorizeg Egr§gn(§)Detail Re istered m A re 5 ii Qgggmment 0*9319 Dl?sionof C(“”pQr21‘on§_Search R:=r:or_d_§Search by Entizy Ngm», Detail by Entity Name ?mg Detail by Entity Name {3£\'!é3}ON [BF CCF£§7‘C3KA'1'§ONS 9:37 AV‘ V74/ Agenda Item #4.A. 15 Aug 2023 Page 13 of 77 2023 FLORIDA LIMITEDLIABILITYCOMPANYANNUAL REPORT DOCUMENT#L14000064727 Entity Name:OCEANSIDE COLLISION,LLC Current Principal Place of Business: 41 W.2ND ST ATLANTIC BEACH,FL 32233 Current Mailing Address: 41 W 2ND ST ATLANTIC BEACH,FL 32233 FEI Number:46-5435805 Name and Address of Current Registered Agent: ROOKS,HAROLD J 41 W 2ND ST ATLANTIC BEACH,FL 32233 US SIGNATU RE: Electronic Signature of Registered Agent Authorized Person(s)Detail : Title MANAGER MEMBER Name ROOKS,HAROLD J Address 41 W.2ND ST City-State-Zip:ATLANTICBEACH FL 32233 FILED Jan 03,2023 Secretary of State 21 29652602CC Certi?cate of Status Desired:No I hereby certify that the infun-nationindicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as Ifmade under oath;that I am a managing member or manager of the limitedliability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment withall other like empowered. SIGNATURE:HAROLD ROCKS OWNERI PRESIDENT 01/03/2023 Electronic Signature of Signing Authorized Person(s)Detail Date The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Flarida. Date Agenda Item #4.A. 15 Aug 2023 Page 14 of 77 Agenda Item #4.A. 15 Aug 2023 Page 15 of 77 Agenda Item #4.A. 15 Aug 2023 Page 16 of 77 {N Agenda Item #4.A. 15 Aug 2023 Page 17 of 77 Page 18 of 77 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO . COMP23 -0002 AND REZN23-0002 Request for a Future Land Use Map (FLUM) amendment to change the future land use map from Residential Medium Density (RM) to Commercial (CM) and a zoning map amendment to change the zoning map from Residential, General, Two-Family (RG) to Commercial General (CG). LOCATION 0 W 2 nd St (Lot 1 and 2 Block 81 Section H – RE#170834 0000) APPLICANT Harold J Rooks DATE July 17, 2023 STAFF Amanda Askew, Director of Planning & Community Development STAFF CO MMENTS REQUEST: The applicant is requesting to change the Future Land Use Map (FLUM) and zoning map designation of 0 W 2nd Street (vacant lot) from residential to commercial. Specifically, to change the zoning from Residential, General, Two-Family (RG) to Commercial, General (CG) and to change the FLUM from Residential Medium Density (RM) to Commercial (CM). SITE CONTEXT: The subject property, 0 W 2nd Street, is a vacant lot and is adjacent to Oceanside Collision (61 W 2nd St), which is an auto -repair shop . Oceanside Collision also owns and operates out of 41 and 61 W 2nd St. Both 41 and 61 W 2nd Street are zoned Commercial, General (CG) and are designated on the FLUM as Commercial (CM). The vacant residentially zoned lot is being used by Oceanside Collision as part of their business to store vehicles that are being worked on. Non- residential use s are not permitted within the RG zoning district. Earlier this year, the property owner installed a fence and pavement without a permit which brought the automotive use to the attention of staff. Staff advised the Agenda Item #4.A. 15 Aug 2023 Page 19 of 77 property owner that this property is zoned residential and not zoned for the storage of vehicles and automotive service. Section 24-112 of the Code of Ordinance the CG zoning district permits mi nor automotive. In section 24-17, minor automotive service is defined as “…. any facility that performs the limited, minor or routine servicing of motor vehicles or parts, but shall not include major automotive repair, and which contains no more than two (2) work bays.” The current buildings (41 and 6 1 W 2 nd Street) meet the definition of “Automotive repair, major shall mean any facility that performs any type of automotive service or repair with more than two (2) work bays, or any facility that performs the rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles, regardless of the number of work bays .” This type of use is only permitted in light industrial and warehousing district (LIW). Agenda Item #4.A. 15 Aug 2023 Page 20 of 77 HISTORY: Oceanside Collision acquired 0, 41 and 61 W 2 nd Street in July 2021. 0 W 2 nd Street has never been developed and remained “unused” until about 1993 when aerial photography shows the site being used to store vehicles. 61 W 2nd Street was developed in 1986 as a warehouse building. In 1987, City Commission approved a use -by-exception to allow an automotive service garage at this location with the condition that there be Agenda Item #4.A. 15 Aug 2023 Page 21 of 77 no outside storage or work. The property has changed owner ship a few times since then but has continuously been operated as an automotive service garage. Non-conforming uses (24 -84 (c) are “…Uses of land which were lawfully created at the time such uses were established, but which would not be permitted by the restrictions imposed by these land development regulations or by restrictions imposed by the comprehensive plan, may be continued so long as they remain otherwise lawful and in compliance with the provisions of this section. (2) Relocation or expansion of nonconforming uses. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel on which such nonconforming use is located, nor shall a nonconforming use be expanded or enlarged.” ANALYSIS & REVIEW In consid ering a FLUM amendment application, Policy A.1.3.1 of the Comprehensive Plan states that the City shall find that each of the following conditions are demonstrated by the applicant seeking said amendment. a) There are adequate public facilities available to the proposed development. b) The proposed commercial or industrial development shall not have adverse impacts to surrounding neighborhoods, other properties, the natural environment, the aesthetic qualities of the City and shall not impair or degrade scenic natural views. c) There is a demonstrated deficiency of commercial or industrial lands within the City to serve the needs of residents of the City for such uses. Additionally, Policy A.1.13.4 states that applications to amend the Comprehensive Plan shall be reviewed and evaluated based upon the following factors: (a) Consistency with the Goals, Objectives and Policies of this Plan; Agenda Item #4.A. 15 Aug 2023 Page 22 of 77 (b) Consistency with the State Comprehensive Plan and the Northeast Florida Strategic Regional Policy Plan; (c) Consistency with other adopted policies and plans of the City, the County, the State or other agencies having regulatory authority over the City; (d) The potential for adverse impacts to Environmentally Sensitive Areas, the natural environment or the aesthetic quality of the City, (e) The potential to cause deficiencies in adopted levels of service or to adversely impact available water supplies, public facilities, infrastructure and services. Per Section 24-62(c)(2) of the Land Development Regulations, the Community Development Board shall “indicate the relationship of the proposed rezoning to the Comprehensive Plan for the City and provide a finding that the requested change in zoning is consistent with the Comprehensive Plan”. Relevant and applicable language from the City’s Comprehensive Plan is listed below. Policy A.1.5.6 Commercial and light industrial development shall be located and designed so as to minimize adverse effects on residential areas, traffic facilities and the aesthetic character of the City. 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. Policy A.1.11.1 (b) Commercial – The Commercial land use category is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Government, civic, religious, cultural and i nstitutional uses, may also be located within this category. Permitted uses within the Commercial category, along with uses that may be allowed by special exception, shall be limited to the following and as more specifically described within the Land Devel opment Regulations and when located within the respective Zoning District classifications, which are intended to provide a decreasing level of use intensity due to proximity to residential uses. General Commercial. These areas shall include those businesses that provide retail goods and services, which serve the routine and daily needs of residents, including banks 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 of a 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. Residential uses, not exceeding the Medium Density category shall also be permitted, when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the Coastal High Hazard Ar ea. Agenda Item #4.A. 15 Aug 2023 Page 23 of 77 ANALYSIS & REVIEW In consid ering a rezoning evaluations of the request may be based on following: (1) Consistency with the Comprehensive Plan (2) Consistency with the intent of the la nd development regulations; (3) Consistency with other professional planning principles, standards, information and more detailed plans and studies considered relevant (4) Whether the proposed amendment and development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development (5) Whether the proposed amendment will constitute “spot zoning,” that is an isolated zoning district unrelated to adjacent and nearby district (6) Whether the uses permitted under the proposed rezoning will be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area; or will deviate from an established or developing logical and orderly development pattern; (7) Whether the uses permitted under the proposed rezoning will deviate from an established or developing development pattern that is logical and orderly; (8) Whether the proposed rezoning and development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted; and (9) Whether the proposed rezoning and development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traffic, noise, lights, vibration, fumes, odors, dust, physical activities or other detrimental effects or nuisances. REQUIRED ACTION The Community Development Board shall make a recommendation to the City Commission for approval, approval with conditions, or denial of this application. The City Commission will then review then review the recommendation and hold two public hearings to consider the request. Following these public hearings, the city commission, by ordinance, may amend the zoning and future land use map designation of said property, or it may deny the request. In the case of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same property, until after three hundred sixty-five (365) days from the date of the denial. Agenda Item #4.A. 15 Aug 2023 Page 24 of 77 ZVAR23-0020 Agenda Item #4.B. 15 Aug 2023 Page 25 of 77 Agenda Item #4.B. 15 Aug 2023 Page 26 of 77 Agenda Item #4.B. 15 Aug 2023 Page 27 of 77 Agenda Item #4.B. 15 Aug 2023 Page 28 of 77 Agenda Item #4.B. 15 Aug 2023 Page 29 of 77 Agenda Item #4.B. 15 Aug 2023 Page 30 of 77 In support of your application for a setback variance at 378 4th Street, Atlantic Beach. Our home is half of a duplex building with zero setback along our common wall with our duplex neighbor and a 6’ 8” setback on the other side of the building. There is a small storage closet at the rear of the house. It is about 3’ 6” deep by 7’ 7” wide. Here is the current footprint: My wife and I would like to add an additional room at the rear of our house. Without a variance, the new addition would sit approximately 1’ 6” in front of the storage room making the entry door inaccessible: We would like to widen the addition so that the current wall of the closet gets extended towards the rear property line, thereby incorporating the storage room as a closet: Agenda Item #4.B. 15 Aug 2023 Page 31 of 77 This layout results in a 3’ setback and is our preferred ﬂoor plan. Our lot is only 25’ wide so the extra 2’ is a large percentage increase in the width of the new addition, making it better suited for our planned use. The setback from the rear property line will be 20’ in accordance with the city code. The wall facing our duplex neighbor will not have windows and we have our neighbor’s okay to proceed with the variance request. Thanks for your consideration! Bob and Celleste Blackman 378 4th Street Atlantic Beach Agenda Item #4.B. 15 Aug 2023 Page 32 of 77 Agenda Item #4.B. 15 Aug 2023 Page 33 of 77 Agenda Item #4.B. 15 Aug 2023 Page 34 of 77 Agenda Item #4.B. 15 Aug 2023 Page 35 of 77 Agenda Item #4.B. 15 Aug 2023 Page 36 of 77 Agenda Item #4.B. 15 Aug 2023 Page 37 of 77 Agenda Item #4.B. 15 Aug 2023 Page 38 of 77 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO . ZVAR23-0013 Request for a variance to reduce the minimum side yard setback on the east side of the property to construct an addition at 378 4th Street. LOCATION 378 4th Street (RE# 169825-0050 APPLICANT Robert Blackman DATE August 9 , 2023 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Robert Blackman, the owner of 378 4th Street. This property is a town house located on a 25 foot wide by 150 feet deep lot. The property is located within the Residential, Single Family (RS-2) zoning district. The required setbacks within this zoning district are as follows: Front yard: 20 feet Rear yard: 20 feet Side yard: Combined 15 feet with a minimum 5 feet on either side The applicant is requesting to build an addition to south east side of the house . The proposed addition would be located 3 feet from the shared property line (eastern property line). There is currently a storage room in which the proposed addition would connect to. The applicant has indicated that meeting the required 5 feet from the shared lot line would be approximately 1 foot 6 inches from the storage room entry, making the door inaccessible . Although this property was developed as a townhouse, any additions must meet the setbacks required on the property. Additionally, the proposed work would need to meet all applicable codes, including impervious surface area provisions. Existing townhouse Proposed addition Approx. 3 foot setback 4th Street Agenda Item #4.B. 15 Aug 2023 Page 39 of 77 Page 2 of 3 This property currently exceeds the 45% maximum lot coverage. However, per Section 24-106 (f)(1) “Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met.” The applicant has indicated that they will remove the driveway or other areas to meet the requirements of 24-106(f)(1). 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) Agenda Item #4.B. 15 Aug 2023 Page 40 of 77 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. (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 to 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 applicant identified this as a ground for approval. See the application for additional comments. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR23-0020, request for a variance to reduce the minimum side yard setback on the north side of the property to construct an addition at 378 4th Street, 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 a pproval 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 ZVAR23-0020, request for a variance to reduce the minimum side yard setback on the north side of the property to construct an addition at 378 4th Street. Agenda Item #4.B. 15 Aug 2023 Page 41 of 77 Page 42 of 77 RE#1695061018 BLOCK#1 LOT/PARCELSIZE 10,719 ZONING CODE UTILITYPROVIDER JEA LOT#9 VARIANCE APPLICATION FOR INTERNALOFFICEus£ONLY Of Atlantic Beach PERM|T# Community Development Department 800 Seminole Road Atlantic Beach,FL 32233 (P)904-247-5800 APPLICANT INFORMATION NAME PatrickJohnson EMA”.patrickjohnson@regencycenters.com ADDRESS 1980 Mipaula Ct CITY Atlantic Beach STATE FL ZIP CODE 32233 PROPERTYLOCATION 1930 Mipaula Ct Atlantic Beach,FL 32233 PHONE#CELL#(904)735-6077 Come Jokuac/I '°ROVl5l0N FROMWHlCH VARIANCE'5 REQUE5TEDWater Retention for Remodelint uro'ect that exceeds 50%of appraised value Homeowner's Association or Architectural Review Committee approval required for the proposed construction [:|YES NO (ifyes,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 FOLLOWINGINFORMATION {all information must be provided before an application is scheduled for any public hearing): 1 Proof of ownership:deed or certi?cate by lawyer or abstract or title company that verifies record owner as above. 2.lfthe 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:One (1)digital copy —additional paper copy is optional. 5.Application fee of $300.00. I Y CERTIFYT LLINFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent Patrick Johnson 07.10.2023 SIGNATUREO P CANT PRINTOR TYPENAME DATE SIGNAT PPLICANT(2)PRINTORTY E NAME DATE Signed and sworn before me on this day of by State of County of Identi?cation veri?ed: .-g?lvb‘WENDIBASSHILL Oath Sworn:Yes E]Notary Public-State of Florida CommissioniiHI-I315445329,MyComm.ExpiresNOV10-1°25 Notary Sig na re"""""B‘ondedthroughNationalNotaI'YA55“- 19 VARIANCEAPPLICATION03.25.2020 My Commission expires noJLLV 3°33 COMPREHENSIVEPLANFUTURELANDUSE DESIGNATIO Agenda Item #4.C. 15 Aug 2023 Page 43 of 77 2.Surrounding conditions or circumstances impacting the property disparately from nearby properties. 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 ofthe Community Development Board,for the following reasons. 1.Exceptional topographic conditions of or near the property. Lot elevation is currently at approx 17'and drains from front to back.Has very large oak tree that would need to be removed. 3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Given the topography of the lot and the surrounding area,the 30'oak tree and the drainage type from front to back,it makes it impracticle to provide water retention and reverse the drainage ?ow. 4.Onerous effect of regulations enacted after platting or after development ofthe property or after construction of improvements upon the property. House has been on the lot for +/-40 years with no adverse conditions resulting from drainage or water retention.The footprint of the house has not been changed due to the improvements,impervious coverage is being reduced E]5.irregular shape ofthe property warranting special consideration. a.Approval ofa Variance.To approve an application for a Variance,the Community Development Board shall ?nd that the request is inaccordance with the preceding terms and provisions of this Section and that the granting ofthe Variance will be in harmony with the Purpose and Intent ofthis 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—submitta|.Ifan 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 ofapproval ofthe 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 VARIANCEAPPLICAT/ON08.25.2020 D 6.Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. Lots to left and right are also at a similar elevation. Agenda Item #4.C. 15 Aug 2023 Page 44 of 77 ADDITIONAL COMMENTS: We STRONGLYOPPOSEthe requirement to provide water retention this and other existing residences where: -home is existing and conformed to current codes at time of construction or previous alterations -interior and exterior improvements exceed 50%of the arti?cially low appraised value of the structure —very minor,if any changes are being made to the existing footprint ofthe house —impervious coverage is altered slightly or even reduced -no reports of adverse effects from storm water retention and/or drainage have been a factor We believe this places an onerous burden on the homeowner and the policy should be reversed. 19 VARIANCEAPPLICATION08.25.2020 Agenda Item #4.C. 15 Aug 2023 Page 45 of 77 PREPARED BY,RECORD AND RETURN TO: Osborne &Shef?eld Title Services,LLC 4776 Hodges Boulevard,Suite 206 Jacksonville,Florida 32224 File #:2016-566T Parcel Identi?cation Number: 169506-1018 595wise,” WARRANTY DEED THIS WARRANTY DEED made this 5th day of August,2016,by Mills E.Rowland and Rebecca D.Rowland,husband and wife,hereinafter called Grantor,whether one or more,whose post of?ce address is 977 15th Avenue S,Jacksonville Beach,Florida 32250,to Patrick M.Johnson and Carey J.Johnson,husband and wife,hereina?er called Grantee,whether one or more,and whose post office address is 1980 Mipaula Ct,Atlantic Beach,Florida 32233. (Wherever 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 successor:and assigns of corporations). WITNESSETH: THAT the Grantor,for and in considerationof the sum of Ten and No/100 Dollars ($10.00)and other valuable considerations,in hand paid by the said Grantee,the receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and con?rms unto the said Grantee the following described land situate,lying and being in the County of Duval,State of Florida,to-wit: Lot 9 of SELVA NORTE UNIT ONE,according to the Plat thereof as recorded in Plat Book 39,Pages 94,94A,and 94B,of the current public records of DUVAL County,Florida. SUBJECT TO taxes accruing subsequent to December 31,2015. SUBJECT TO covenants,restrictions and easements of record,if any;however,this reference shall not operate to reimpose same. TOGETHER with all the tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee‘simple forever. Page 1 of2WanuntyDeed(I?d'| Doc #2016185563,OR BK 17669 Page 1422,Number Pages:2,Recorded 08/11/2016 at 11:26 AM,Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $3675.00 Agenda Item #4.C. 15 Aug 2023 Page 46 of 77 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. IN WITNESS WHEREOF,the said Grantor has set Grantor's hand and seal the day and year ?rst above written. X s E.Rowland Signed,sealed and delivered in our presence: Wit es's#1'signa e 55 V1 Wi ass #1 printed name /7 3L \Lu A 1 V 23:?“Q Q (Mk Rebecca D.Rowland Witness#2 printed name STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me ‘s day f August,2016,by Mills e .husband and wif ,is e personally known to me, "'I ashas/have produced a valid driver's license o"r“—has/havepro ''‘on. "' ,-tary Public 7%’3 ‘MyCommission Expires: 555 (Notary Seal) Page2 of2WarrantyDeed(lndividlli?) 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ZVAR22-0004 Request for a variance from Section 24-68(b)(1) at 1980 Mipaula Court. LOCATION 1980 Mipaula Court (RE# 169506-1018) APPLICANT Patrick Johnson DATE August 8 , 2022 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Patrick Johnson, is the owner of 1980 Mipaula Court. This property is located west side of Mipaula Court and is in the Residential, Single -Family (RS-1) zoning district. A variance is being requested for Section 24- 68(b)(1) Stormwater, drainage, storage and treatment requirements. The property owner is doing site improvements to include interior renovations and a 2nd floor addition. Section 24-68(b)(2) states “All development and redevelopment projects which result in improvements that exceed fifty (50) percent of the market value of all improvements, if any, on the subject development parcel before the new development or redevelopment project is started shall provide onsite storage of stormwater for all impervious surface on the development parcel.” The valuation of work for this project is $575,580.00. According to the property appraiser’s website, the current market value of the property is $238,235.00. In an effort to reduce local flooding and stormwater runoff Chapter 24 was updated in 2019 to add the requirement for residential properties to provide on-site stormwater. Effective stormwater management reduces the amount of runoff and runoff pollution by sl owing runoff and allowing it to soak in prior to discharge into the streets and/or stormwater systems. When stormwater stays close to where it falls, less soil erosion occurs and fewer pollutants are carried to surface water. Lot coverage and stormwater runoff have a direct correlation. The higher the impervious area (lot coverage) the more stormwater is generated. Most typical residential lots are developed very close or up to the maximum lot coverage (max. 45%). With the proposed addition, this site will be at 31.7% lot coverage which is significantly less than most residential developments. Again, the more impervious area (lot coverage) the more stormwater is generated. Agenda Item #4.C. 15 Aug 2023 Page 49 of 77 Page 2 of 3 The code trigger of valuation of work more than 50% the market value of improvements requires the entire new development to come into compliance with the stormwater requirements. Meaning the total stormwater volume area for the new development is calculated on the total square footage of the existing structure and any other impervious surface areas. Established on-site stormwater areas typically have swales, pipes of or other means of water conveyance to direct water into a storage area. The applicant’s permit for renovations was issued in January 2023 which included approved on-site water retention plans. The application is requesting a variance to deter from the on-site stormwater retention requirement completely. Onsite stormwater storage volume area is calculated by reviewing the impervious areas, the 25 year and 24 hours’ rainfall depth and the wet season water table. Once the required volume calculation is generated , the design of the system can be distribute d over the site in various ways. For example, the deeper the pond the less lot area is required, the shallower the pond the greater area needed for storage. 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 Approved Retention Plan – 1/24/2023 Agenda Item #4.C. 15 Aug 2023 Page 50 of 77 Page 3 of 3 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. The applicant identified this as a ground for approval. See the application for additional comments. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant identified this as a ground for approval. See the application for additional comments. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant identified this as a ground for approval. See the application for additional comments. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant identified this as a ground for approval. See the application for additional comments. (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 ZVAR23-0022, request for a variance from section 24-68(b)(2), 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 ZVAR23-0022, request for a variance from Section 24-68(b)(2). Agenda Item #4.C. 15 Aug 2023 Page 51 of 77 Page 52 of 77 a.r<ricI T KOOL5 M ZIIJ Sahml 4%I.‘M./4 2.133 LOT # STATE ZIP COD VARIANCE APPLICATION FOR INTERNALOFFICEuse ONLY City of Atlantic Beach pERM|T#7V 3 -gy\_‘3 Community Development Department 800 Seminole Road Atlantic Beach,FL32233 (P)904-247-5800 APPLICANTINFORMATION cnv PROPERTYLOCATIONU Lr1""ff L91‘;I51 lac .5’! RE#3’-9090 BLOCK#[ LOT/PARCELSIZE .11 q¢(e ZONINGcone UTILITYPROVIDER COMPREHENSIVEPLANFUTURELANDUSEDESIGNATION PROVISIONFROM WHICH VARIANCEIS REOUESTED ”¢.r<i'{JT Eoaig Notary Signature My Commission expires Oath Sworn:Yes Signed and sworn before me on this day of by State of County of 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 Ian must clearl describe an de ict the Variance that is re uested. PROVIDE ALLOF THEFOLLOWINGINFORMATION (all information must be provided before an application is scheduled for any public hearing): 1.Proof of ownership:deed or certi?cate by lawyer or abstract or title company that veri?es record owner as above. 2.Ifthe applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposesrelated to this application. 3.Survey and legal description of property for which Variance is sought. 4.Required number of copies:One (1)digital copy —additional paper copy is optional. 5.Application fee of $300.00. I HEREBYCERTIFYTHAT ALLINFORMATIONPROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent S|GN EOFAPPLICANT S NATURE F APPLICANT(PRINTORTYPENAME DATE PRINTORTYPENAME DATE "ff:-'-«"tnmI\' ‘ Ban ._'_._............._.....___.._ TONIGiNDLE SPERGE ,MYCOMMISSION#GG35317 80;(:\.°?‘EXPIRES:October6,2023dedThruNotaryPublicUnderw19VARIANCEAPPLICATION08.2 . Identi?cation veri?ed: CELL#PHONE# Q ADDRES NAM EMAI ‘”~ Agenda Item #4.D. 15 Aug 2023 Page 53 of 77 T-/‘,5 ‘F¢>’\C€/1,‘J¢.§an ?ro+¢.c./5 0 69/5 I Reef;0?} 0“) MI ‘ 91 4.Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. ]:|3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 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. Grou nds for approval of a Variance:A Variance may be granted at the discretion of the Community Developmeri at Board,for the following reasons. 1.Exceptional topographic conditions of or near the property. [:1 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 ?nd that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance willbe 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 Buildingsshall not be grounds for approval of a Variance. d.Waiting period for re-submittal.Ifan 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 othen/vise 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 ?nding of good cause,may authorize a one time extension not to exceed an additionalsix (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 othen/vise stipulated by the Community Development Board. 1!-‘VARIANCEAPPLICATION08.25.2020 1/ :|2.Surrounding conditions or circumstances impacting the property disparately from nearby properties. Agenda Item #4.D. 15 Aug 2023 Page 54 of 77 19 VARIANCEAPPLICATION08.25.2020 ADDITIONALLUMMENTS Agenda Item #4.D. 15 Aug 2023 Page 55 of 77 Doc #2021196990,OR BK 19841 Page 562,Number Pages:3, Recorded 08/02/2021 10:15 AM,JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $27.00 DEED DoC ST $7700.00 Prepared By:I Record &Return To: Attorneys Titie Services,LLC 12428 San Jose Bivd,Suite 1 Jacksonviiie,FL 32223 File No;FL-210581 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED,is made this ’?HmgfdayofJuly,2021,by 41 WEST 2ND ST LLC,a Florida limited tiability company and APC JAX,LLC,a Florida limited liability company,and CLC JAX,LLC,a Florida limited liability company,whose post office address Es:36 W 6th Street,Atlantic Beach,FL 32233 (collectiveiy the "Grantors"),to Oceanside Collision LLC whose post office address is: 41 W 2ND ST,Atiantic Beach,FL 32233 (Grantee). WITNESSETH: That the Grantors,for and in consideration of the sum of Ten Boilers ($10.00)and other good and vaiuable consideration,the receipt and sufficiency of which are hereby ackrrowiedgeci,does hereby grant, bargain,sell,alien,remise,release,convey and con?rm unto the Grantee at!that certain iand tying and being in Duval County,Ftorida,and more particuiarly described herein below (the “Property"): Parcel 1: Lots 4 and 5,and the East 112 of Lot 6,Block 26,Section "l-2"Atlantic Beach,a subdivision according to the piat thereof recorded at Plat Book 18,Page 34,in the Public Records of Deval County,Ftorida. Parcel 2: The West 112 of Lot 6 and all of Lot 7,Biock 26,Section "H"Atlantic Beach,a subdivision according to the plat thereof recorded at Plat Book 18,Page 34,inthe Public Records of Duval County,Florida. Parcei 3: Lots 1 and 2,Block 81,Section "H"Atlantic Beach,a subdivision according to the ptat thereof recorded at Plat Book 18,Page 34,in the Public Records of Buval County,Fiorida. Parcel Identification No.:170732-0000,170834-0000 and 170733-0000 TOGETHER WITH aEE the easements,tenements,hereditarnents,and appurtenances thereunto betonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. Agenda Item #4.D. 15 Aug 2023 Page 56 of 77 OR BK 19841 AND the Grantors hereby covenants with Grantee that,except as noted above,at the time of delivery of this Special Warranty Deed said Property was free from alt encumbrances made by Grantors and that Grantors shall and wilt WARRANTAND DEFEND the same against the lawful claims and demands of aEE PAGE 563 persons claiming by,through or under Grantors but against none others. IN WITNESS WHEREOF,the Grantors have caused this Speciat Warranty Deed to be executed by its duly authorized officer on the day and year first above written. Signed sealed,and delivered in the presence of: 5?’My Vjfrz;»---‘NM,/r 5‘am ,.~4"’J-7',-.,‘,,.5"MM" P°FTn"t"Name:5::f§*ra¥‘rw..§z-v‘e»-.e:wrs"- Print 337161 Name: 41 WEST 2ND ST LLC,a Ftorida limited liabilitycompany I W 1;,a av /44;"..-,W 2AtsaaroP.cerqtxeag M .aQ§':;: BY;r £*’€Jv£:*'%".‘.:g‘f €//'mW‘mMWwCatherineL.Cerqueira Manager APC JAX,LLC,a Florida limited liabiiity company BY;“is”r./'-<gx_:<;:~«»»/"-rr-We,.AtillioP.Cerquf’ra //,. CLC JAX,LLC,a Florida limited liability company Manager ii’ Manager Agenda Item #4.D. 15 Aug 2023 Page 57 of 77 OR BK 19841 PAGE 564 STATE OF FLORIDA COUNTY OF DUVAL The foregoing special warranty deed was acknowiectged before me by means 0{xj§;_physical presence or oniine notarization this T373-“§day of July,2021,by Atillio P.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Fiorida limited liability company,and as Manager of APC JAX,LLC,a Ftorida iimited Eiabilitycompany,who produced a vaiid Florida drivers‘license as identi?cation. /K" CHARLESR.wooo ixrézarypubnc Commission#GG970899 /?,¢.. ExpiresMazch11,2D24 ij xi;9;,«»m;away at 5:62’- Bondad?m:Budgalitularysurvioes Notary Printed or Typed Name ,5 ;{,:*c>a 2 2; My Commission Expires: STATE OF FLOR1DA COUNTY OF DUVAL -) The foregoing speciai warranty deed wasacknowiedged before me by means of physécai presence or onttne notarization this 3i.‘”2*’”"*“"dayofJuly,2021,by Catherine L.Cerqueira,as Manager of 41 WEST 2ND ST LLC,a Fiorida iimited iéabitity company,and as Manager of CLC JAX,LLC.a Fioricia EimitedIiabéiity company,who produced a vatid Ftorida drivers‘iicense as identification. Noteyfpgbrac .._/ff.9%:”?L:>;;*°éwv‘/Wff Notary Printed or Typed Name «-32.?g? My CominiesionExpires: Agenda Item #4.D. 15 Aug 2023 Page 58 of 77 Principal Address Florida Limited Liability Company OCEANSIDE COLLISION,LLC Document Number L14000O64727 FEIIEINNumber 46-5435805 Date Filed 04/21/2014 Effective Date 04/21/2014 State FL Status ACTIVE 41 W.2ND ST ATLANTICBEACH,FL 32233 41 W 2ND ST ATLANTIC BEACH,FL 32233 ROOKS,HAROLD J 41 W 2ND ST ATLANTIC BEACH,FL 32233 Name &Address 'Ft|e MANAGER MEMBER ROOKS,HAROLD J 41 W.2ND ST ATLANTICBEACH,FL 32233 Report Year Filed Date 2021 01/05/2021 2022 01/05/2022 2023 01/03/2023 Doc ment lmaggg https://search.sunbiz.org/|nquiry/CorporationSearch/SearchResu|tDetai|?inquirytype=EntityName&directionType=Initia|&searchName0rder=OCEANS|...1/2 M?§ Authorizeg Egr§gn(§)Detail Re istered m A re 5 ii Qgggmment 0*9319 Dl?sionof C(“”pQr21‘on§_Search R:=r:or_d_§Search by Entizy Ngm», Detail by Entity Name ?mg Detail by Entity Name {3£\'!é3}ON [BF CCF£§7‘C3KA'1'§ONS 9:37 AV‘ V74/ Agenda Item #4.D. 15 Aug 2023 Page 59 of 77 2023 FLORIDA LIMITEDLIABILITYCOMPANYANNUAL REPORT DOCUMENT#L14000064727 Entity Name:OCEANSIDE COLLISION,LLC Current Principal Place of Business: 41 W.2ND ST ATLANTIC BEACH,FL 32233 Current Mailing Address: 41 W 2ND ST ATLANTIC BEACH,FL 32233 FEI Number:46-5435805 Name and Address of Current Registered Agent: ROOKS,HAROLD J 41 W 2ND ST ATLANTIC BEACH,FL 32233 US SIGNATU RE: Electronic Signature of Registered Agent Authorized Person(s)Detail : Title MANAGER MEMBER Name ROOKS,HAROLD J Address 41 W.2ND ST City-State-Zip:ATLANTICBEACH FL 32233 FILED Jan 03,2023 Secretary of State 21 29652602CC Certi?cate of Status Desired:No I hereby certify that the infun-nationindicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as Ifmade under oath;that I am a managing member or manager of the limitedliability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment withall other like empowered. SIGNATURE:HAROLD ROCKS OWNERI PRESIDENT 01/03/2023 Electronic Signature of Signing Authorized Person(s)Detail Date The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Flarida. Date Agenda Item #4.D. 15 Aug 2023 Page 60 of 77 Agenda Item #4.D. 15 Aug 2023 Page 61 of 77 Agenda Item #4.D. 15 Aug 2023 Page 62 of 77 {N Agenda Item #4.D. 15 Aug 2023 Page 63 of 77 Page 64 of 77 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO . ZVAR23-0023 Request for a variance to exceed the maximum fence height at 0 West 2 nd Street. LOCATION 0 West 2 nd Street Street (RE# 170834-0000) APPLICANT Harold J. Rooks DATE August 8 , 2023 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Harold J. Rooks, is the owner of 0 West 2nd Street. This is a commercial property located on the southwest corner of West 6 th Street and Stocks Street within the Residential, General, Two-Family (RG) zoning district. On March 15, 2023, a Stop Work Order was posted on the property for construction of a fence and installation of pavement within the right of way without a permit. A permit application for the fence was submitted March 21, 2023 which was denied by the zoning department on April 4th. The unpermitted 6 foot tall fence is located on the front property line. Per Section 24-157(b)(1), “Within required front yards, the maximum height of any fence shall be four (4) feet.” A 6 foot tall fence on this property shall be located at least 20 feet from the front property line. The applicant is seeing a variance to allow the unpermitted fence to be remain in the existing location. Location of unpermitted fence Approx. 20 feet from front property Agenda Item #4.D. 15 Aug 2023 Page 65 of 77 Page 2 of 3 The applicant has stated that the fence was rebuilt in the same location and at the same height as the previous fence. Section 24-157 states “Issuance of a permit is required for any new or replacement fence or wall, and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences”, thus the new fence shall meet the 20-foot setback in the front yard. The application is also seeking for a rezoning and comprehensive plan amendment to bring the property into compliance with the commercial use. Agenda Item #4.D. 15 Aug 2023 Page 66 of 77 Page 3 of 3 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 he approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant identified this as a ground for approval. See the application for additional comments. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR23-0023, request for a variance to Section 24-82(c) 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 ZVAR23-0023, request for a variance to Section 24-82(c), finding this request is not consistent with the definition of a variance. Agenda Item #4.D. 15 Aug 2023 Page 67 of 77 Page 68 of 77 O Notary Signature My Commission expires Oath Sworn:Yes No State of County of VARIANCE APPLICATION FOR INTERNALOFFICEuseONLY City of Atlantic Beach PERM,“ Community Development Department 800 Seminole Road Atlantic Beach,FL 32233 (P)904-247-5800 APPLICANTINFORMATION NAME PI.3 I ¢\/IEDCIIhasLL.t EMAIL cal .I>ut=IL.alcwuo W-allLam ADDRESS \38'~Ic,)>e3c\.,_:,sH‘C¢B\u.l.*‘l7zn>"\CITY Eaaksmuill».STATE ZIP cODE3ZZ1§ PROPERTYLOCATION BI S4‘.I(.?.cI~(.DF PHONE#CELL#d‘/£74-OZ2;’ RE#l7\2 Q ’o(D'C>O BLOCK#LOT#L1’! LOT/PARCELSIZE80 '~l Fl.ZONINGCODE RS—L UTILrrvPROVIDER TXEA COMPREHENSIVEPLANFUTURELANDUSEDESIGNATION KL PROVISIONFROMWHICHVARIANCEIS REQUESTEDQ-&\A.<JLQ-.,Jr 6»¢I'I9.LL .G':>I-nIf “I” as 3L0»-J'\om o 20 ‘A’as -of ZOO‘-’\ Homeowner's Association or Architectural Review Committee approval required for the proposed construction I:YES KNO (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 Ian must clearl des ribe and de ict the Variance that is re uested. PROVIDE ALLOF THE FOLLOWINGINFORMATION (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 Veri?es 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.Sun/ey and legal description of property for which Variance is sought. 4.Required number of copies:One (1)digital copy —additional paper copy is optional. 5.Ap ‘ca ion fee of $300 -. I H EBY R IFY HAT LLINFOR ATION PROVIDEDIS CORRECT:Signatureof Property Owner(s)or Authorized Agent I Z .U.'.S SIGNATUREOF APPLICANT PRINT RTYPENAME DATE SIGNATUREOF APPLICANT(2)PRINTOR TYPENAME DATE Signed and sworn before me on this day Identi?cation veri?ed: .,TON!GENDLESPERGE R.2 MYcommssxon#GG353178 EXPIRES:Octaber6,2023 ‘Bon_dedThmNoti:y_P_ybiicUnderwn' ters 79 VARIANCEAPPLICATION08. '1 \\‘\\ Ga/Aavgr Agenda Item #4.E. 15 Aug 2023 Page 69 of 77 The following paragraph sets forth reasons for which a Variance may be approved,please check the circumstances that apply to your request and brie?y describe in the space provided. Grounds for approval of a Variance:A Variance may be granted at the discretion of the Community Development Boa rd,for the following reasons. E]1.Exceptionaltopographic conditions of or near the property. E,4.Onerous effect of regulations enacted after piatting or after development of the property or after construction of improvements upon the property. 20$‘-[WS.:\'b...L ;3 ~w‘\2a—f>i.+St-;"Oo«(,‘g .3 264:1; 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a Lot or Recordwarranting 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 ?nd that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance willbe in harmony with the Purpose and Intent of this Chapter. .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. .Nearby Nonconformity.Nonconforming characteristics of nearby Lands,Structures or Buildings shall not be grounds for approval of a Variance. .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. .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 ?nding 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 VARIANCEAPPLICATION08.25.2020 |:]2.Surrounding conditions or circumstances impacting the property disparately from nearby properties. 3.Exceptional circumstancespreventing the reasonable use of the property as compared to other properties in the area. Agenda Item #4.E. 15 Aug 2023 Page 70 of 77 19 VARIANCEAPPLICATION08.25.2020 ADDITIONALCOMMENT Agenda Item #4.E. 15 Aug 2023 Page 71 of 77 Custom Home Eapring?eld Builders,1.1.5 5a||F|5h Drive Atlantic Beach,Florida Jacksonville.‘FL 52225 PH :4-04-626-0245 NOT FOR CONSTRUCTION ..E....2-r9.no<mu.>mm V .2?.SvnE?_.av......_ .».zm.>~m.$3.3meI unto: nba.._..ouw I0.«an :P.<___l..P_Ep ii...,,.uS\...n..<%_.s.mm 1Ivi..!.!./Sx2.n.§.u_>mw..m£ !.....!i..cn?alWfl§s...E3§<m§£_§\2... 9.3..,._§.% Mnwm“min5:». 3x>_.S?wmu.59n.~.: 9.1..2.BBQ..- 5 .:...t._.1Iuo Agenda Item #4.E. 15 Aug 2023 Page 72 of 77 Agenda Item #4.E.15 Aug 2023Page 73 of 77 _11m&_I_LuT 1 kwnvlllailugdlltl .41]... «IL rnnumnmwm1nJ££l_.!DJnu AM JM Nl1wAI|xn ? m&mMA _m._A=:::mmu aoLununnnu 1 ..._........._.._........._.._.....-«._.,.._»...-........._j —. A-U.5.DEPARTMENT OF HOUSINGANDURBAN DEVELOPMENT 3-TYPE OF LOANsmnmmrs-rxmxvmm Shcf?cid 8:Baatrlght Title Services,LLC '-l:l"***l-_-WA 5-El°°W-WM 6l0l GazeboParkPlaceNorth.Suite I01 Jacksonville.Florida32251 ‘D"_ 5’D°°""""“ 904-733-mo lhx:904-'r.ao.24zs “""”""“"' 7.LCINIIIEGE 2 J- I.May]:in.can No: C N073:7'ln':fmuivjimtlslmi lo gm-youa slalemenr afacmalullltmul cam.atmouulspaldla and by the ulllemnt agznrare shown.Item markedcwmr‘«W mnmamwawmmwm I wlr __ Spring?eld Builders,LLC.a Floridalimitedliabilitycompany D.Borrower:B846 AtlanticBlvd"#204 an '25 Canada FundingMortgageTwat HB5 E.Seller:[4405 WaitersRd.,f200 35 _.__...-.....,_..._.- AmerisBank _Alton:ConatruclionLoanHUB“‘°“"“'605WUSHwy80 col :33 2 __________________, 981 Sail?shDrive G.Property:AtlanlicBench,DuvalCounty,Florida32233 H.SettlementAgent:Sheffield at BoalrlghtTitle Services.LLC ...n _':__‘~;av.‘.(- Summary of Seller‘:1‘:-ansne?on ._l.Q1._.$_eJ1lsm9nL ___gg1g nc -I‘m I)ll:iv :- _LQ2.j4lzaAI:L£J’A:iIlxInas:._._ __..1am nIou Mb .l.Iu!_91|31(.9!.B9Lmn:° I1 J.Q2._E_zdL|lnx.L9m(1 ww““@m‘ ...........—.............._._........-—.-...-..j.._.._.._._... _21£._(«ti:1LIo.wnIm 21L Cuunk}_yIPurix||Tnxes1InI,2073 lhrulul 26.308.95 5'L CountylPn?lh Tue:Jan I,2023mmJul26,309. 95 20 n o §?U U _‘‘ ..39.L ...335.l?.N_ .3 0 3 ? 303.Cash From Borrower:$128,902.25 603.Cash To Seller:$313,730.05 HUD-1May am July 25,2023 10:25A Agenda Item #4.E. 15 Aug 2023 Page 74 of 77 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO . ZVAR23-0024 Request for a variance to the platted Building Restriction Line (BRL) at 981 Sailfish Drive LOCATION 981 Sailfish Drive APPLICANT Springfield Builders, LLC DATE August 7, 2023 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Springfield Builders, is the owner of 981 sailfish Drive. This property is located within the Royal Palms neighborhood and is zoned Residential, Single Family (RS-1). The front setback within the RS -1 zoning district is 20 feet, however this lot has a 25 foot platted Building Restriction Line (BRL) across the front of the property. Section 24-17 states that BRLs, which may be greater than the zoning setba cks, shall be enforced. Currently, the existing house meets the 25 foot BRL established on Sailfish Drive. The applicant is proposing to construct a new single - family house that will encroach 4 feet 4 inches into the 25 foot platted BRL. The original plats were hand drawn in 1960 and included a uniform 25-foot Building Restriction Line for all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the norm or character of the surrounding structures. In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25- foot BRL, such that the standard zoning district wo uld apply (front yard setback of 20-feet). Staff observed that the most lots in Royal Palms have about 15-feet from the street curb in the right-of-way prior to the property line, so even with a standard 20-foot setback, the house will still be set back 30-35 feet from the street. City Commission hosted a workshop to discuss this and other Land Development Regulations updates. As a result, Commission directed s taff to amend the Royal Palms subdivision plat to remove the 25-foot setback. At the December 14, 2009 Commission meeting, Commission approved a motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property owners and receive written approval from every property owner on the plats. In addition, if the property Agenda Item #4.E. 15 Aug 2023 Page 75 of 77 Page 2 of 3 has a mortgage on the property the mo rtgage company must sign off on the plat too. This was not completed. 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. Agenda Item #4.E. 15 Aug 2023 Page 76 of 77 Page 3 of 3 The applicant said, “zoning setback is 20 feet, plat setback is 25 feet.” (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 ZVAR23-0024, request for a variance from the platted Building Restriction Line (BRL) 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 ZVAR23-0024, request for a variance from the platted Building Restriction Line. Agenda Item #4.E. 15 Aug 2023 Page 77 of 77