824 Sherry Drive ZVAR-2005-02 (McAfee)March 29, 2005
Ian Sean McAfee
824 Sherry Drive
Atlantic Beach, Florida 32233
Re: Order of the Community Development Board approving Variance application
Dear Mr. McAfee:
Enclosed herewith is an original signed Order and a copy of the Order from the Community
Development Board approving your Variance request. Please maintain a copy of this order for
your records, and please submit a copy of this Order along with any future application for a
Building Permit from the City of Atlantic Beach. Feel free to call me at 247 -5826 if you have
any questions.
Sincerely,
Sonya D rr, AICP
Community Development Director
Enclosures
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5845
http: / /ci.atlantic- beach.fl.us
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247 -5800 • Fax: (904) 247 -5805 • http: / /www.coab.us
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
APPLICANT: Ian Sean McAfee
824 Sherry Drive
Atlantic Beach, Florida 32233
FILE NUMBER: ZVAR- 2005 -02
DATE OF HEARING: March 15, 2005
ORDER GRANTING VARIANCE
The above referenced Applicant requested a Variance to reduce the rear yard setback (the south side
of the lot) from 20 -feet to 5 -feet to allow for the construction of an addition on the rear of the
existing residence for property within the RS -2 Zoning District and located at 824 Sherry Drive.
On March 15, 2005, said request, as amended from the February 22, 2005 meeting, was considered
at public hearing by the Community Development Board for the City of Atlantic Beach. Having
considered the application and supporting documents, the Community Development Board,
approved the request, finding this request to be consistent with Chapter 24 -64 (d), which recognizes
the irregular shape of a property as grounds for approval of a Variance, and that the subject property,
therefore, warrants special consideration.
NOW THEREFORE, the Community Development Board hereby GRANTS the amended
request for a Variance to reduce the rear yard setback (the south side of the lot) from 20 -feet
to 5 -feet to allow for the construction of an addition on the rear of the existing residence for
property within the RS -2 Zoning District and located at 824 Sherry Drive.
DATED THIS Z.& DAY OF , 2005.
Craig Burkhart, Acting Chairman
Community Development Board
Page two
Order ZVAR- 2005 -02
March 16, 2005
The undersigned certifies that the above Order of the Community Development Board is a true and
correct rendition of the Order adopted by said Board as the same appears in the record of the
Community Development Board minutes.
Communit evelopment Director
March 04, 2005
Ian Sean McAfee
824 Sherry Drive
Atlantic Beach, Florida 32233
Re: March meeting of the City of Atlantic Beach Community Development Board
Dear Mr. McAfee:
Please be advised that your application for a Variance will again be considered by the
Community Development Board at their meeting on Tuesday, March 15, 2005 at 7:00 pm. The
meeting will be held in the Commission Chambers located at City Hall. An agenda is enclosed.
You should be aware that failure to be present at this meeting to represent your application may
result in the denial or delay of action on your application. Please call 247 -5817 to confirm your
plans to attend the meeting. (You may leave a voice mail message.)
Sincerely,
Sonya B.'oerr, AICP
Community Development Director
Enclosures
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5805
SUNCOM: 852 -5800
www.coab.us
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, March 15, 2005 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of February 22, 2005.
3. Recognition of Visitors.
4. Old Business.
5. New Business.
a. ZVAR- 2005 -02, Ian Sean McAfee. Request for a Variance to reduce the required rear
yard setback from 20 -feet to 5 -feet to allow for the construction of an addition on the rear
of the existing residence for property within the RS -2 Zoning District and located at 824
Sherry Drive.
a. ZVAR- 2005 -02, Gregory S. Saig. Request for a Variance to reduce the required rear
yard setback on an ocean -front lot (the Beach Avenue side) from fifteen (15) feet to five
(5) feet to allow for the construction of a detached two -story garage on property within the
RS -2 Zoning District and located at 1515 Beach Avenue.
b. UBE- 2005 -03, O.U.R. Properties, Inc. Request for a Use -by- Exception to allow Live
Entertainment for a comedy club and entertainment theatre in an existing building
(formerly the Atlantic Theatre) on a developed site within the Commercial General (CG)
Zoning District and located at 751 Atlantic Boulevard.
c. UBE- 2005 -04, Rick's Used Cars, Inc. Request for a Use -by- Exception to allow for
redevelopment of a property with uses to permit the sale of used automobiles and
automotive repair within the Commercial General (CG) Zoning District and located at
1919 Mayport Road.
d. UBE- 2005 -05, Justin Domyan Creations. Request for a Use -by- Exception to allow for
the manufacture and repair of surfboards within the Light Industrial and Warehousing
(ILW) Zoning District for property within an existing warehouse building located at 103
Levy Road.
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, February 22, 2005 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of December 20, 2004.
3. Recognition of Visitors.
4. Election of Officers.
5. Old Business. None.
6. New Business.
a. UBE- 2005 -01, John G. Murr. Request for a Use -by- Exception to allow an auto body
shop (Heavy Automotive Repair) in an existing building on a developed site within the
Commercial General (CG) Zoning District and located at 589 West 14th Street.
b. UBE- 2005 -02, John Fiege. Request for a Use -by- Exception to allow a martial arts studio
within an existing commercial building on a developed site within the Commercial
Limited (CL) Zoning District and located at 1221 Mayport Road.
c. ZVAR- 2005 -01, Richard Gearhard. Request for a Variance to reduce the required rear
yard setback from 20 -feet to 15 -feet to allow for the construction of an enclosed sunroom
addition on the rear of the existing residence for property within the RS -1 Zoning District
and located at 785 Redfin Drive.
d. ZVAR- 2005 -02, Ian Sean McAfee. Request for a Variance to reduce the required rear
yard setback from 20 -feet to 15 -feet to allow for the construction of an addition on the
rear of the existing residence for property within the RS -2 Zoning District and located at
824 Sherry Drive.
e. ZVAR- 2005 -03, Davis Fleming. Request for a Variance to reduce the required 15 -foot
combined side yard setback to allow for the construction of a first floor addition and a
second story balcony within the existing footprint of an existing nonconforming single -
family residence within the RG -3 Zoning District and located at 1025 Beach Avenue.
f. ZVAR- 2005 -04, Roger and Kathleen Cleary. Request for a Variance to reduce the
required rear yard setback from 20 -feet to 12 -feet to allow for the reconstruction of a
screen room addition on the rear of the existing residence for property within Selva
Marina Gardens and located at 315 20th Street.
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COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
February 22, 2005 Public Hearing
ZVAR- 2005 -02, Ian Sean McAfee
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: February 09, 2005
Subject: ZVAR- 2005 -02
Applicant: Ian Sean McAfee
824 Sherry Drive
Atlantic Beach, Florida 32233
Requested Change: Request for a Variance to reduce the rear yard setback from 20 -feet
to 15 -feet to allow for the construction of an addition on the rear of
the existing residence for property within the RS -2 Zoning District
and located at 824 Sherry Drive.
Existing Zoning: RS -2
Future Land Use: Residential, Low Density
Surrounding Zoning: RS -2 and RS -1
Surrounding Land Use: Single - family residential
AGENDA ITEM 6.d.
FIL
Copy
STAFF COMMENTS
The Applicant has requested a reduction in the required 20 -foot rear yard to allow for the
construction of an addition to the rear of the existing residence. The proposed addition would
retain a 15 -foot setback from the south side of the lot. The subject property consists of three very
small platted lots within Section 3 of the Saltair subdivision that are bounded by Sherry Drive on
the east and Seminole Road on the west. The lots have been developed as one parcel. This
property is of an irregular "pie" shape, and original construction recognized the north (pointed) end
of the lot as the front and the south side of the lot as the rear. Staff finds this request to be
consistent with reason 5 as cited within Chapter 24 -64 (d), which recognizes the irregular shape of
a property as grounds for approval of a Variance, which may warrant special consideration.
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the
Community Development Board, for the following reasons.
1. exceptional topographic conditions of or near the property.
2. surrounding conditions or circumstances impacting the property disparately from
nearby properties.
3. exceptional circumstances preventing the reasonable use of the property as compared
to other properties in the area.
4. onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property.
5. irregular shape of the property warranting special consideration.
6. substandard size of a Lot of Record warranting a Variance in order to provide for the
reasonable Use of the property.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve this request for a
Variance to reduce the rear yard setback from 20 -feet to 15 -feet to allow for the construction
of an addition on the rear of the existing residence for property within the RS -2 Zoning
District and located at 824 Sherry Drive, provided:
❑ 1. There are exceptional topographic conditions of or near the property.
n2. There are surrounding conditions or circumstances impacting the property disparately from
nearby properties.
n3. There are exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
n 4. There are regulations, which were enacted after platting or after development of the
property or after construction of improvements upon the property, that have onerous effect
upon current use and development of the property.
® 5. The property is of an irregular shape warranting special consideration.
E. 6. The lots are of substandard size warranting a Variance in order to provide for the
reasonable Use of the property.
2
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny this request for a
Variance to reduce the rear yard setback from 20 -feet to 15 -feet to allow for the construction
of an addition on the rear of the existing residence for property within the RS -2 Zoning
District and located at 824 Sherry Drive, provided:
❑ 1. There are no exceptional topographic conditions of or near the property.
❑2. There are no surrounding conditions or circumstances impacting the property disparately
from nearby properties.
n3 . There are no exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
n 4. There are no regulations enacted after platting or after development of the property or after
construction of improvements upon the property having an onerous effect upon existing use
and development of the property.
n 5. The lots are not of irregular shape of the property warranting special consideration.
❑ 6. The lots are not of substandard size warranting a Variance in order to provide for the
reasonable Use of the property.
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NOTES:
THIS 15 A BOUNDARY SURVEY.
NO BUILDING RESTRICTION LINES AS PER PLAT.
BEARINGS BASED ON THE WESTERLY RIGHT OF WAY LINE OF
SHERRY DRIVE, AS BEING S 08'37'00" E. (ASSUMED DATUM)
THE PROPERTY SHOWN HEREON APPEARS TO LIE IN FLOOD
ZONE "X' (AREA OUTSIDE 500 -YEAR FLOOD PLAIN) 'AS WELL
AS CAN BE DETERMINED FROM THE "FLOOD INSURANCE RATE
MAP" COMMUNITY -PANEL NUMBER 120075 0001 9, REVISED
APRIL 17, 1989 FOR ATLANTIC BEACH, FLORIDA,
"NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER."
MAP SHOWING SURVEY OF
LOTS 67, 68 AND 69. SALTAIR SECTION N0. 3, AS RECORDED IN PLAT BOOK 10, PAGE 16
OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
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• RESIDENCE # 824
8. LOT 68
ANCHOR
PAER
THIS SURVEY WAS MADE FOR THE BENEFIT OF
JAMES S. CAIL & MARSHA E. CAIL;
FIRST BANK MORTGAGE;
ATTORNEYS' TITLE INSURANCE FUND, INC.
AND ALLEN L. POUCHER, JR., P.A. AND
IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL
STANDARDS SET FORTH IN CHAPTER 61 G17 -6
OF THE FLORIDA ADMINISTRATIVE CODE.
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FLORIDA LIC. SURVEYOR and MAPPER No. LS 5996
FLORIDA LIC. SURVEYING & MAPPING BUSINESS No. LB 3672
BOATWRIGHT LAND SURVEYORS, INC.
1711 SOUTH 5th STREET, JACKSONVILLE BEACH, FLORIDA 241 -8550
DATE:
6 -25 -2002
SHEET 1 OF I
February 09, 2005
Ian Sean McAfee
824 Sherry Drive
Atlantic Beach, Florida 32233
Re:. February meeting of the City of Atlantic Beach Community Development Board
Dear Mr. McAfee:
Please be advised that your application for a Variance will be considered by the Community
Development Board at their meeting on Tuesday, February 22, 2005 at 7:00 pm. The meeting
will be held in the Commission Chambers located at City Hall. An agenda is enclosed.
You should be aware that failure - to be present at this meeting to represent your application may
result in the denial or delay of action on your application. Please call 247 -5817 to confirm your
plans to attend the meeting. (You may leave a voice mail message.)
Sincerely,
w�L
Sonya B. `i oerr, AICP
Community Development Director
Enclosures
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5805
SUNCOM: 852 -5800
www.coab.us
pct
s+-1
City of Atlantic Beach
REPRINT
* ** CUSTOMER RECEIPT ***
Oper: CKOMOREK Type: OC Drawer: 1
Date: 2/07/05 01 Receipt no: 30875
Tender detail
CK'CHECK
Total tendered
Total payment
Amount
Descri tt�ion Quantity
2005 1 71
BP BUILDING PERMITS
1. $ 150.
4051 1150.
1150.
1150.
Trans date: 2/07/05 Time: 16102:05