1025 Beach Avenue ZVAR-2005-03 (Fleming)February 28, 2005
Davis Fleming
1025 Beach Avenue
Atlantic Beach, Florida 32233
Re: Order of the Community Development Board approving Variance application
Dear Mr. Fleming
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,
ac.v5t-
Sonya Doerr, 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 -544
Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http : / /www /ci.atlantic- beach.fl.us
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
APPLICANT: Davis Fleming
1025 Beach Avenue
Atlantic Beach, Florida 32233
FILE NUMBER: ZVAR - 2005 -03
DATE OF HEARING: February 22, 2005
ORDER GRANTING VARIANCE
The above referenced Applicant requested 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 located at 1025 Beach
Avenue within the RG -3 Zoning District.
On February 22, 2005, said request 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, granted the request, subject to the
following condition:
• new construction shall not exceed the side yard setbacks of the existing residence or the
footprint of the existing deck, and finding:
that the lot is of a substandard size warranting approval of this Variance in order to provide for the
reasonable Use of the property.
Page two
Order ZVAR- 2005 -03
February 23, 2005
NOW THEREFORE, the Community Development Board hereby APPROVES this 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 located at 1025 Beach Avenue within the
RG-3 Zoning District, provided that the new construction shall not exceed the side yard
setbacks of the existing residence or the footprint of the existing deck.
DATED THIS 2-"a DAY OF B CCA(, 2005.
Robert Vrohwein, Chairman
Community Development Board
Community D'elopment Director
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.
Applicant: Davis Fleming
1025 Beach Avenue
Atlantic Beach, Florida 32233
AGENDA ITEM 6.e.
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
February 22, 2005 Public Hearing
ZVAR- 2005 -03, Davis Fleming
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: February 09, 2005
Subject: ZVAR- 2005 -03
Requested Change: 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 located at 1025 Beach Avenue.
Existing Zoning: RG -3
Future Land Use: Residential, Low Density
Surrounding Zoning: RG -3 and RS -2
Surrounding Land Use: Single - family and multi - family residential
STAFF COMMENTS
The Applicant has requested this variance to allow for the construction of an enclosed addition
over the existing deck and also a second story balcony on the east side of this ocean front lot. The
proposed new construction will not exceed the existing side yard setbacks or the existing deck
footprint, but the existing residence is a nonconforming structure with respect to side yard
setbacks. As such, approval of a Variance would be required to construct the addition and the new
balcony as proposed.
The subject lot is a Nonconforming Lot of Record in that it is only 33 -feet in width. The Board
may wish to consider whether this substandard width of the lot prevents reasonable use of the
property, thereby constituting grounds for approval of the requested Variance as set forth within
Section 24 -64 (d).
(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 required 15 -foot combined side yard setback to allow for the
construction of a first floor enclosed addition and a second story balcony within the existing
footprint of a nonconforming single- family residence located at 1025 Beach Avenue, subject
to the following condition:
• new construction shall not exceed the side yard setbacks of the existing residence or
the footprint of the existing deck, and further provided:
❑ 1 There are exceptional topographic conditions of or near the property.
[2. There are surrounding conditions or circumstances impacting the property disparately from
nearby properties.
❑3 . There are exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
2
• 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.
® 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 DENIAL
The Community Development Board may consider a motion to deny this 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 located at 1025 Beach Avenue,
provided:
n 1. There are no exceptional topographic conditions of or near the property.
F2. There are no surrounding conditions or circumstances impacting the property disparately
from nearby properties. '
03. There are no exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
❑ 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.
(1 5.
The lots are not of irregular shape of the property warranting special consideration.
Ft 6. The lots are not of substandard size warranting a Variance in order to provide for the
reasonable Use of the property.
H:\PLANNING \VARIANCE FILES\ZVAR- 2005 -03 (Fleming) \Staff Report.Doc
3
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.
klecisioh inide by the Co
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1. Applicant's Name
2. Applicant's Address
3. Property Location
4. Property Appraiser's Real Estate Number
5. Current Zoning Classification R(3. - 3
APPLICATION FOR A VARIANCE
b4 - vi)
1o2 s r?,e Ac r-,e 1 k1-(6 ti
,'C A Gov /
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445
Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http : / /www /ci.atlantic- beach.fl.us
File No. 7 VA1t - 2 t3D 5 ' v3
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): '.
Signature(s):
3 t 33
110 Z(o4 - OOoO
6. Comprehensive Plan Future Land Use designation
Provision from which Variance is requested S i I}C-.. 1 L1 A - -A c.y,C S
8. Size of Parcel 3 7 3 ')c; C6
9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction.
[Yes eNo (If yes, this must be submitted with any application for a Building Permit.)
10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24 -64 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.
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies
record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for
applicant to represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property for which Variance is sought.
c. Required number of copies: Four (4), except where original plans, photographs or documents larger
than 11x17 inches are submitted. Please provide eight (81 copies of anv such original documents.
d. Application Fee ($150.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name: A't .S r irk rib
Mailing Address: I GZ.i 1 c? fN Ad At-{a vtKC (l,- 3/7
Phone: 21-ti 6 'cl - L/ FAX: /It) 07-/-3" 'i E -mail: Glaivi S �If bt,tt <tti (> vtZ�s� z {' 1,
1025 Beach ave.,
Atlantic Beach, FL 32233
February 7 2005
Reasons for applying for Variance of side yard setback requirements:
The reasons why I should be granted a variance from the side yard set back
requirements so I may construct a new upper deck and extend my existing kitchen are as
follo At present there is a n e xistin g upper d a nd l de attached t the
house. (please see survey) The foot print of the house will remain unchanged with the
proposed new addition of heated /Cooled space under the deck.(please see survey) There
already exists concrete footers at the perimeter of the deck. The State of Florida DEC
has written a letter stating that they have no problem with the proposed structure and
can recommend favorably for the permit to construct under their guideiines.(see
attached letter) There will be no change to the Tight and air of adjacent properties.
There will be no added congestion to the streets. Public safety will not be adversely
affected.. Established property values will not be diminished. It will improve the
aesthetics of the property. There will be no adverse impact on the environment or the
general health, welfare or beauty of the community, in fact I think the improvements will
be looked at favorably by my neighbors.
Map Output
JAXGIS Property Information
1041
14'
Copyrig hi IC) 21182 ity of Jacksonville,. Fl
RE # Name Address Total Acres Plat Map
Value Book Panel
1025
170264 0000 FLEMING BEACH AV 1087925 0.19 557 3
DAVIS
32233
Legal Descriptions
5 -1 16- 2S -29E .19
ATLANTIC BEACH
PT LOTS 1,2 RECD O/R 10087-
1555,
Flood
Zone
Not in
Flood
Zone
1073
105
103
Page 1 of 1
42
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January 12, 2005
Davis Fleming
1025 Beach Avenue
Atlantic Beach, Florida 32222
Re: Proposed new construction at 1025 - 1 Beach Avenue
Dear Mr. Fleming:
I have reviewed your proposed balcony and lanai expansion plans in preparation for your needed
FDEP letter. The existing structure is a Non - conforming Structure, and the proposed new
construction does not comply with required zoning setbacks. This property is within the RG -3
Zoning District, and the Required Side Yard Setbacks for multi - family uses within the RG -3
Zoning District are 15- feet. All new construction, other than routine maintenance and repairs,
including any conversion to heated and cooled space, must comply with applicable setbacks.
You may call me at 247 -5826 with any questions.
Sincerely,
A erJ
Sonya B. Doerr, AICP
Community Development Director
Enclosures
cc: Don Ford, CBO, Building Official
'/4
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
ValegingianiMint
Jeb Bush
Governor
Davis Fleming
c/o Roger Russell
3455 Thalia Street
Jacksonville Beach, FL 32250
Dear Mr. Russell:
Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
May 21, 2004
CONSULTATION NUMBER: CNS DU -160
APPLICANT NAME: Davis Fleming
The Bureau of Beaches and Coastal Systems of the 'Department of Environmental
Protection has reviewed a proposal to construction a seaward addition to a single - family dwelling.
The project site is located between approximately 450 feet and 500 feet south of the Department's
range monument R- 48, in Duval County. The street address is 1025 Beach Avenue, Atlantic
Beach.
According to a site plan and architectural drawings prepared by Roger Russell Residential
Designs and submitted to this office on April 27, 2004, the proposed work consists of the
construction of a pile supported major structure within the footprint of an existing minor
structure. Augercast`piles, a concrete slab, ground floor habitable living space and a second floor
balcony with sun deck are proposed to replace a two . level wood deck. The project is located
landward of the line of construction on an eroding beach managed under a federal shoreline
protection project. Construction of a pile supported slab and additional habitable living space on
the seaward side of the dwelling will increase the likelihood of direct or cumulative adverse
impacts to the coastal system. Such adverse impacts must be permitted pursuant to the regulatory
requirements of Chapter 62B -33, Florida Administrative Code, and Section 161.053, Florida
Statutes.
Staff finds that the proposed addition appears sited and constructed within the regulatory
requirements of the coastal construction control line program. The work will not advance the
seaward line of construction for major 'structures in the area, be sited seaward of the 30 -Year
Erosion Projection nor disturb vegetation or natural dune features. Should no additional
regulatory concerns be found, staff can recommend favorably for permit approval.
These comments are based upon the information provided and represent a preliminary
assessment. The permittee is advised to meet all the requirements of Chapter 62B -33, F.A.C. and
statute. This consultation does not constitute the approval of the Department; shall not bind the
"More Protection, Less Process"
Printed on recycled paper.
Colleen M. Castille
Secretary
CNS DU -160, Fleming Residence
May 21, 2004
Page Two (2)
stag the Bureau, or the Secretary; and, shall not relieve any person of any requirements of the
Act, this Chapter, or other applicable provisions of federal or state law, or local ordinance. If
there exists a conflict between any staff representation and the act, laws, rules, codes or
ordinances, then the act, laws, rules, codes or ordinances shall prevail.
For your information and use, please find enclosed a coastal construction control line
application packet. If you have any questions or concerns, or need additional information, please
contact me at the letterhead address (add Mail Station 300), by telephone at 850/487 -4475 ext
116, or e-mail to iohn,wettstein(a,den.state.fl.us.
FW/
Enclosure
cc: Bobbie Nelson, Field Engineer
Permit Information Center
Ci of Atlantic Beach Building Official
Sincerely
7 7 RP
Frit / ettstein, Environmental Manager
B au of Beaches and Wetland Resources
Printed on recycled paper.
February 09, 2005
Davis Fleming
1025 Beach Avenue
Atlantic Beach, Florida 32233
Re: February meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Fleming:
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 nm. 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,
b�GcriLC-
Sonya B. Doerr, 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://cLatlantic-beachil.us
COpy
PD
025 EA Po/
City of ( T R Atlantic
ECEIPT 0 *
q�DMDREK T OC Drawer: 1
Date:
Date: 2187185 81 Receipt no:
Descri on Quantity
1 : ,72
BP BUILDING PERMITS 1158.
Tender detail
CHECK
Total endee
rd
Total paY
Trans date: 2187185
2186
flaount
$158. : =s
$158.
$158.
Tiae: 15:59:25