03-28-84 v MINUTES OF THE BOARD OF ADJUSTMENT
CITY OF ATLANTIC BEACH
MARCH 28, 1984
7 : 00 P .M.
CITY HALL
PRESENT: L. B. MacDonell , Chairman
C.T. Tinsley, Secretary
Mrs . Dorothy Kerber
Frank Tassone
George Bull , Jr.
AND: Rene ' Angers , Recording Secretary
AND: Anton 0 . Perez ' Guerra
Joseph White
ABSENT : A. William Moss , City Manager
The meeting was called to order at 7 : 05 p .m. , by Chairman MacDonell .
He stated that Mr . Moss would not attend the meeting. He asked
for a motion to approve the minutes of the meeting of January 24,
1984. Mr. Bull made the following motion:
To approve the minutes of the meeting of January 24, 1984.
Mr. Tassone seconded the motion which carried unanimously .
There being no Old Business before the Board, Chairman MacDonell
called for the New Business .
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Item #1 - Request for Variance - Anton 0. Perez ' Guerra
Chairman MacDonell asked Mr. Guerra to explain to the Board what he
wants and why he wants it.
Mr. Guerra presented a survey of the property in question that
indicated the dimensions of the lot . He stated that the required
square footage for a duplex in that particular zoning district is
7 , 500 , and that his lot has approximately 11 , 000 square feet. He
stated that the frontage on Orchid Street has only 60 feet and is
required to have 75 feet .
Mr. Bull asked if his lot was zoned duplex and if it was the same
size prior to the last zoning change .
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Board of Adjustment
March 28 , 1984
Mr. Guerra replied that he purchased the lot approximately 62 years
ago and he thought it was zoned AC Residential at that time . He
stated that the size of the lot had not changed.
Chairman MacDonell stated that the previous zoning was R1A which
permitted single family or duplex.
Mr. Bull stated that his piece of property was zoned into a non-
conforming use and made the following motion:
To grant the variance to Mr . Guerra.
Mr. Tassone seconded the motion.
Mr. Tinsley asked if the modification is considered to increase the
permitted density of multi-family dwellings .
Chairman MacDonell stated that he could put a duplex on 7 ,500 square
feet and Mr. Guerra has over 11 ,000 square feet .
Mr. Tinsley stated that if he uses more of the frontage he will
increase the density of the building .
Chairman MacDonell stated that it depends on whether you relate
density to the square footage of land or to the frontage .
Mr. Bull stated that density is units per acre and that the problem
is lot size not density . He added that the setbacks would be the
same .
Mrs . Kerber asked where the parking would be located.
Mr.. Guerra replied that the drive way would be off Orchid Street.
Mrs . Kerber asked which direction he intended the duplex to face .
He replied that it would face Orchid Street and that was the only
way he could adhere to the setback requirements .
Chairman MacDonell asked Mr. Bull what his analysis would be if
Mr. Guerra had purchased the property recently .
Mr. Bull replied that if he had recently purchased the lot , under-
standing the zoning that is in effect now, it would be a different
situation. He added that when you are interested in a piece of
property, and you understand the existing zoning laws , you either
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Board of Adjustment
March 28, 1984
purchase the property or you don' t , subject to what you can do
under those zoning laws . He stated that Mr. Guerra is trying to
adhere to the zoning laws but has a nonconforming lot , and that
he should not be penalized for that.
Mrs . Kerber asked if Mr . Guerra owned lot number two .
He replied that he owns lots one through six.
Chairman MacDonell asked if there was anyone to speak in opposition
of the petition.
Vicky Joe Kennedy, 371 Main Street , stated that she was opposed
to any more townhouses in the area. She stated that the facilities
in the area are not sufficient for what they have.
Mr. Guerra stated that since the lot was almost the size of two
lots , it would not be economically feasible to use it as a single
family home , adding that when he originally bought the lot he
could have put a triplex on it.
Mr. Bull stated that he didn ' t see the problem with the lot frontage
as long as there is enough land area to support the units .
Ranier Rosarius , 391 Main Street , asked what the duplexes would
look like .
Mr. Bull stated that he had not seen the plans but they would have
to meet the building code.
Mr. Rosarius asked if the trees would be cut down.
Mr. Bull replied that the City of Atlantic Beach has a tree ordinance .
There being no further discussion on the matter , Chairman MacDonell
called a vote. The motion to grant the variance carried unanimously.
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Item #2 - Request for Variance - Joseph White
Chairman MacDonell asked Mr . White to comment on his request .
Mr. White , 5814 Oliver Street, Jacksonville , introduced himself and
stated that his contractor had drawn up the plans and that he didn' t
realize that it would not meet the rear set back requirement. He
stated that they were trying to work around a large oak tree because
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Board of Adjustment
March 28 , 1984
they wanted to save it. He added that the area behind his lot is
not large enough to build on.
Mr. Bull asked how he acquired the lot .
Mr. White stated that the original owner , Frank Hutto , sold it
to them.
Mr. Bull asked if Mr. White had purchased the lot pending on the
decision of the Building Department or the Board of Adjustment as to
whether he could build on it .
Mr. White stated that they had purchased the property assuming they
could build on it , and that it was not pending on any decisions by
the City.
Chairman MacDonell asked whether he had discussed the building
restrictions with the City.
Mr . White stated that they had called to determine the setbacks .
Mr. Bull asked when they had purchased the lot .
Mr. White replied that they purchased the lot on June 21, 1983 , and
submitted a deed to that effect.
Mr. Bull stated that there was a question as to whether the lot was
subdivided legally, and that it was very pertinent .
Mr. Tinsley stated that he thought that question should be answered
before the Board makes a decision.
Chairman MacDonell stated that Mr. Hutto had applied for a variance
on the carriage house in the rear of the lot a few years ago and
was denied.
Mr. Tinsley advised Mr . White that he may consider withdrawing his
request at the present time to avoid a twelve month waiting period
that would be imposed if the request was turned down. He added
that the City Attorney has been asked to determine whether the lot
was subdivided legally .
Mr. White stated that he would like to withdraw his request .
Mr. Bull motioned to accept Mr. White ' s request to withdraw his
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March 28 , 1984
application for variance.
Mrs . Kerber seconded the motion, which carried unanimously .
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There being no miscellaneous business before the Board, Chairman
MacDonell adjourned the meeting at 7 : 45 p .m.
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C.T. Tinsley, Secrety