Item 8AAGENDA ITEA4 #8A
NOVEMBER 25, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA 1TEM: Request from Amy and James (Rusty) Pritchett for a waiver from Section 24-
255 (a) of the Subdivision Regulations seeking approval of a lot less than 75
feet in width and less than 7,500 square feet of Lot Area.
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: November 14, 2002
BACKGROUND: .Section 24-255 (a) of the Subdivision regulations requires all new lots to have
a width of not less than seventy-five (75) feet and not less than seven thousand five hundred (7,500)
square feet of lot area (unless approved as part of a Planned Unit Development.) This is not a new
provision, but has been part of the City's subdivision regulations since at least 1958. The subject
property is an interior portion of a legal Lot of Record. This original "parent" parcel consisted of a
roughly 300-foot wide by 100-foot deep parcel located at the southwest corner of 19th Street and
Beach Avenue. The current owner purchased a 5000 square foot portion of that original "parent"
parcel in August of 2001, believing that the lot conformed to City regulations. Previous divisions of
this larger parcel have occurred.
There is, in fact, an inconsistency in Chapter 24 with respect to this issue. Article III, Division 5
requires a Minimum Lot Area of 5000 square feet for single-family uses in all residential zoning
districts, except the RS-1 district, which requires 7500 square feet of lot area. (A 5000 square foot
lot is the typical platted lot size throughout much of the City, and it is staff's presumption that the
5000 square foot minimum requirement was intended to relate to existin platted lots and to prohibit
such- lots from being further divided.)
Article IV (the Subdivision regulations), however, requires that all new lots meet the 7,500 square
feet requirement. Again, this requirement has been in place for many years. It has, however, been
the past practice to issue building permits for construction on new lots as long as they contained
5000 square feet of lot area. Over time, the 5000 square foot lot apparently became the standard,
and the subdivision regulations-were disregarded in this respect.
It is Staff's opinion that Section 24-255 (a) of the Subdivision regulations should be amended so that
this inconsistency is eliminated and further, that the required size of lots should be based upon the
density categories as established in the Comprehensive Plan with a minimum lot size for new single-
family lots established at 5000 square feet of lot area rather than the 7500 square feet now required
for new lots. In effect, this would still require a 7500 square foot lot in low-density categories, but
would allow for 5000 square foot lots in the medium and high-density categories.
With respect to this property owner's request for a waiver from the subdivision regulations; the
subject property is located within a Residential, Medium Density category, which requires 3100
AGENDA ITEM #8A
NOVEMBER 25, 2002
square feet of lot area per dwelling unit. Accordingly, a 5000 square foot lot is consistent with the
Comprehensive Plan. Per Florida Statutes, and below Section 24-5 of the Land Development
Regulations, the provisions of the Comprehensive Plan take precedent over the zoning regulations.
Given the requirements of the subdivision regulations, however, staff does not feel authorized to
administratively waive the 7500 square foot requirement, and has recommended that the property
owner present this request to the Commission as a Subdivision Waiver.
Sec. 24-5. Legal Status and Consiste~zcy with the Comprehensive Plan.
Pursuant to Chapter 163.3194(1), Florida Statutes, all Development undertaken,
and all actions taken in regard to Development, shall be consistent with the
adopted Comprehensive Plan. Further, all Land Development Regulations
enacted or amended shall be consistent with the adopted Comprehensive Plan,
and in the event of inconsistency between the requirements of any zoning or Land
Development Regulations, the provisions of the Comprehensive Plan shall
prevail. The City Commission shall have the authority to amend the adopted
Comprehensive Plan in accordance with the process established within Chapter
163.3184, Florida Statutes.
BUDGET: No budget issues involved in this request.
RECOMMENDATION: Motion to approve a waiver of a Section 24-255 (a), finding the request to
be is consistent with the Comprehensive Plan, and allowing Building Permits to be issued on a new
lot containing 5000 square feet of lot area, 50.06 feet in width and 100-feet in depth as depicted on
the attached survey.
ATTAC)FIlVIENTS: Property owner's letter requesting waiver; survey of proposed new lot; map of
original lot and applicable sections of Land Develop nt Regulations.
REVIEWED BY CITY MAN
2
AGENDA ITEM #8A
NOVEMBER 25, 2002
November 15, 2002
To: Atlantic Beach City Commission
From: Rusty and Amy Pritchett
1860 Sea Oats Drive
Re: Request for Waiver; RE Parcel #169525 0050
Per Code of Ordinances Sec. 24-187
We are requesting a waiver to Sec. 24-255 which addresses minimum lot size for any lots
created after the regulation went into effect.
Per Sec. 24-107, of the Atlantic Beach Code of Ordinances, single-family dwellings
zoned RG-2 must have a minimum lot size of five thousand (5000) square feet arid, a
minimum lot width of fifty (50) feet. See Chapter 24, Article III, entitled "Zoning
Regulations".
Per Sec. 24-255, residential lots must be at least seventy five (75) feet in width and no
less than seven thousand five hundred (7,500) square feet unless approved as a part of a
planned unit development. See Chapter 24, Article IV, entitled "Subdivision
Regulations".
Our lot, purchased 8/24/01, measures fifty feet by one hundred feet (50' x 100') for a
total of five thousand (5000) square feet. The zoning is RG-2. It does not appear to be
in a defined "Subdivision".
We are submitting, our request for a waiver based on the following:
(1) At time of purchase we were unaware that the lot was potentially non-
conforming.
(2) When we inquired about zoning regulations at the Building and Zoning Dept. we
were assured that our lot met the minimum requirements for construction of a single
family home. The Building Clerk looked up our zone and determined it to be RG-2.
She then referred us to Sec. 24-107, read us the lot size requirements, compared them
to our survey, and verified that the lot met the minimum requirements for
construction of asingle-family residence. A copy was provided for us for our
records. The property was surveyed, deeded, and recorded.
Over the last year or so since our closing, we have met with builders, come up with
a design plan, hired an architect, and began the process of developing plans for our
new home. In October of 2002 we received a call from a neighbor who was
investigating the possibility of selling a portion of their property which included a
rental unit. During their investigation they had been told about an ordinance
concerning the parceling of property. We told them that we had already reviewed
the ordinances with the Building dept., but since they were getting their
information from a different source, we decided to double check our findings.
-cont.-
AGENDA ITEM #8A
NOVEMBER 25, 2002
-2-
We immediately scheduled another meeting with Building and Zoning as well as the
Community Development Director. At this meeting we discovered for the first time,
some fourteen months after our closing date, the existence of a discrepancy in the
code.
(3) The hardship in our situation is due to our inability to build, based on the physical
dimensions required by the code. We have a significant investment at stake. The
purchase was made in good faith on our part, with the expressed intention of
construction of a single family home.
(4) During their review of our case, the Building Official and Community Development
Director were courteous and professional. At the same time they both appeared
sympathetic to our situation. Both agreed that the code contained areas that could be
made less ambiguous. Sec. 24-107, in Article III, clearly states the minimum lot
width (50') and size (5000 s.f.) for Zone RG-2. On the other hand, Article TV,
entitled "Subdivision Regulations" has different minimum requirements, i.e. 75'
width and 7,500 total s.f. (Sec. 24-255).
Furthermore, although Article IV of Chapter 24 is entitled "Subdivision Regulations"
the Director affirmed that the code does not clearly define "Subdivision", which
makes it even more difficult for a citizen to determine which code is appropriate.
(5) If this request for waiver is granted, there would be no increase in density to the
area than prior to the creation of the new lot. The existing structure on the originally
platted lot is currently a 2-family rental structure. If the waiver request is granted,
one, single-family residential home is planned for each parcel.
Furthermore, both property owners have agreed, if it should please the commission,
as a condition of the waiver, to guarantee in writing, that construction of new
dwellings on each parcel would not exceed single family dwelling units.
(6) Although neighboring lots may have been platted prior to current regulations, only a
small percentage of them in the immediate vicinity meet the current size
requirements. Most are less than 75 feet wide, and less than 7,500 square feet. The
point here is that if the request for waiver is granted, the size of the lot and type of
home to be built would not be atypical for the neighborhood.
Thank you for you consideration. A copy of the survey is attached. Tentative design
plans are also available should anyone want to see what we had in mind for the house.
Sincerel
~ ~~~G
Ja es . " "Pritchett y .Pritchett
~~~r~u°~. KIMBERLY A. MILLER
MY COMMISSION # DD 118250
?pF~c~~ EXPIRES: August 31,2003
ames J. Smith, owner RE Parcel No. 169525 0000 1~-NOT'"n' ~ "°`." S°'""° s B°"°'"°•'"~
Kuw~ IM ~
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~DRAVANC FILE N0.
FOUND
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MAP SHQWING BOUNDAIdY SU$.3~ pF:
A PART OF GOVERNMENT LOT 3, SECTION 9, TOWNSHIP 2 SOUTH. RANGE 29 EAST, OUVAL COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE INTERSECTION OF THE
SOUTHERLY RIGHT-OF-WAY LINE OF 19TH STREET WITH THE WESTERLY RIGHT-OF-WAY LINE OF BEACH AVENUE
(FORMERLY RAGE APPROACH ROADWAY); THENCE S03'19'00"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF BEACH
AVENUE, A D TANCE OF 50.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5.03'19'00"W, ALONG SAID
WESTERLY RI T-OF-WAY LINE OF 'BEACH AVENUE, A DISTANCE OF 50.06 FEET; THENCE 589'29'00"W, PARALLEL WITH
SAID SOUTHERLY RIGHT-OF-WAY LINE OF 19TH STREET, A DISTANCE 'OF 100.00 FEET; THENCE N03't 9'00"W, PARALLEL
WITH SAID WESTERLY RIGHT-OF-WAY LINE OF BEACH AVENUE, A DISTANCE OF 50.06 FEET;• THENCE N89'29'00'E
PARALLEL WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF 19TH STREET, A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING.
N89'29'00"E
19th STREET
b' RICNT-OF-WAV
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REFERENCE
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NO ID (UNDER pAVEMENn
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NOTES:
1. BEARINGS ARE BASED ON THE WESTERLY RIGHT-OF-WAY
LINE' OF BEACH AVENUE AS BEING 503019'00"E.
2. THERE ARE BUILDING RESTRICTION LINES BY ZONING AND GRAPHIC SCALE
THERE MAY BE EASEMENTS THAT AFFECT THIS PROPERTY
` ` BY ZONING OR RECORDED IN THE PUBLIC RECORDS OF s D 0 1o TO w
THIS COUNTY THAT ARE NOT SHOWN ON THIS SURVEY.
3. THIS PROPERTY LIES IN FLOOD ZONE "X' AS SCALED FROM I ~
THE FLOOD INSURANCE MAP FOR ATLANTIC BEACH, REVISED
APRIL 17, 1989, COMMUNITY PANEL NO. 120075 0001 D
~ ( IN FEET )
. 1 inch 20 f<r
PREPARED FOR THE BENEFIT OF:
JAMES J. SMITH, JR.
• COMMONWEALTH LAND TITLE INSURANCE CO.
PONTE VEDRA TITLE
RICHARD G. HATHAWAY, P.A.
DURDEN LAND .
SURVEYORS
LB 3672• OONN W. BOATWRICHT, P.S.M.
FLORIDA LJC. SURVEYOR and MAPPER N0. LS 3295
1103 SOUTH THIRD STREET
JACKSONVILLE BEACH, FLORIDA 32250 ~ SCALE: 1 "=20'
(904) 249-7261 FAX (904) 241-1252 DATE: uaY 15 X001
THIS MAP OF SURVEY IS NOT VALID UNLESS /T IS SIGNED
AND HAS THE RAISED SEAL OF THE FLORIDA LICENSED UND SURVEYOR.
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AGENDA ITEM #8A
NOVEMBER 25, 2002
From ARTICLE IV. SUBDIVISION REGULATIONS
Sec. 24-255. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall
be appropriate for the location of the Development and for the type of development and Use
proposed. Lot arrangement and design shall be such that all Lots will provide satisfactory and
desirable Building sites. In no event shall a residential Lot created after the initial effective date of
these Land Development Regulations have a width of less than seventy-five (75) feet at the Building
Restriction Line, or shall it contain less than seven thousand five hundred (7,500) square feet unless
approved as part of a Planned Unit Development.
(b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the
depth and width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for. the off-Street service and parking facilities required by the type of Use and
development proposed.
(c) Residential Corner Lots. Corner Lots for residential Use shall have extra width, greater than a
corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to
both Streets.
(d) Street access. The Development shall provide each Lot with satisfactory and permanent access to a
public Street.
(e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be
avoided.
(f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance
with approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the
recorded Plat.
Ordinance Number: 90-01-172 Effective Date: January O1, 2002
Adopted: November 26, 2001 101
AGENDA ITEM #8A
NOVEMBER Z5, 2002
from ARTICLE III, DIVISION 5. ESTABLISHMENT OF DISTRICTS
Sec. 24-107. Residential General, Multi family. (RG-2 and RG-3)
(d) Minimum Lot or Site Requirements. The minimum Lot and site requirements for the RG-2 and RG-3
Zoning Districts shall be as follows.
(1) Lot or Site Area:
i. Single-family Dwellings: 5,000 square feet.
ii. Two-family Dwellings or Townhouse:
Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 4,350 square feet
iii. Multi-family Dwellings: Minimum 5000 square feet, with allowable additional units
determined by the Density limitations as set forth in the Comprehensive Plan.
(2) Lot width in the RG-2 and RG-3 Zoning Districts:
i. Single-family Dwellings: Fifty (50) feet.
ii. Two-family Dwelling or Townhouse: Fifty (50) feet.
iii. Multi-family Dwellings: Seventy-five (75) feet
(3) Lot depth in the RG-2 and RG-3 Zoning Districts: One hundred (100) feet:
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RG-2 and RG-3 Zoning
Districts shall be as follows.
(1) Front Yard: Twenty (20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard:
i. Single-family Dwellings: Fifteen (15) total feet and five (5) minimum feet on either side. In
the case of an existing Nonconforming Structure that does not comply with Required Side
Yards, any new Development shall provide for a combined total Side Yard of fifteen (15)
total feet. For example, where an existing Structure is located three (3) feet from the side Lot
-Line, new Development on the opposite side Yard shall provide a minimum Required Side
Yard of twelve (12) feet, thereby providing for a combined total side Yard of fifteen (15) feet.
ii. Two-family (Duplex) Dwellings and Townhouse. Seven and one-half (7.5) each side.
iii. Multi-family Dwellings: Fifteen (15) feet each side.
(fj Building Restrictions. The Buildings Restrictions for the RG-2 and RG-3 Zoning Districts shall be as
follows.
(1) Maximum Impervious Surface: Fifty (50) percent.
(2) Maximum Building Height: Thirty-five (35) feet.
Sec. 24-108. Residential Mobile Home Districts. (RMH)
Ordinance Number: 90-01-172 Effective Date: January O1, 2002
Adopted: November 26, 2001 45