187 Sylvan Drive ZVAR-2004-03 (Mylod)March 29, 2004
Thomas Mylod
187 Sylvan Drive
Atlantic Beach, Florida 32233
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
Re: Order of the Community Development Board related to Variance application
Dear Mr. Mylod:
Enclosed herewith is an original signed order and a copy of the order from the Community
Development Board denying your Variance request. Please maintain a copy of this order for
your records, and also be aware that no similar variance application may be considered by the
Community Development Board for a period of one year. Feel free to call me at 247 -5826 if you
have any questions.
Sincerely,
at/Lk.
Sonya. Doerr, AICP
Community Development Director
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: Thomas Mylod
187 Sylvan Drive
Atlantic Beach, Florida 32223
FILE NUMBER: ZVAR 2004 -
DATE OF HEARING: March 16, 2004
ORDER DENYING VARIANCE
The above referenced Applicant requested a Variance from Section 24 -105 (e) (2) seeking to reduce
the rear yard setback from 20 -feet to 11 -feet to allow for an addition to the rear of an existing town -
home for property within the RS -2 Zoning District and located at 187 Sylvan Drive.
On March 16, 2004, 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, denied the request for a Variance, finding that:
1. There are no exceptional topographic conditions on or near the property.
2. There are no surrounding conditions or circumstances impacting the property disparately from
nearby properties.
3. 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.
5. The lots are not of irregular shape of the property warranting special consideration.
6. The lot is not of substandard size warranting a Variance in order to provide for the reasonable
Use of the property.
Page two
Order ZVAR- 2004 -03
March 19, 2004
NOW THEREFORE, the Community Development Board hereby DENIES this request for a
Variance from Section 24 -105 (e) (2) to reduce the rear yard setback from 20 -feet to 11 -feet to
allow for an addition to the rear of an existing town -home for property within the RS -2 Zoning
District and located at 187 Sylvan Drive.
ATED THIS7 — DAY OF , 2004.
Mary Walke cting Chairman
Community Development Board
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.
Commu 'ty Development Director
1.
3. Recognition of Visitors.
4. Old Business. None.
5. New Business.
7. Adjournment.
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday March 16, 2004 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of February 24, 2004 and minutes of the workshop
of February 03, 2004.
a. ZVAR- 2004 -03, Thomas Mylod. Request for a Vari
reduce the required rear yard setback from 20 -feet to
sunroom to the rear of an existing town -home o
District, and located at 187 Sylvan Drive.
b. ZVAR- 2004 -04, Fred Bender. Request for a Variance from Section 24 -105 (e) (2) to
reduce the rear yard setback from 20 -feet to 9 -feet and also to reduce the 15 -foot street
side setback on a corner lot to 5 -feet to allow for a second -story garage addition on an
existing non - conforming structure within the RS -2 Zoning District, and located at 1098
Beach Avenue.
i(" fididt-
ce from Section 24 -105 (e) (2) to
Meet to allow for the addition of a
roperty within the RS -2 Zoning
c. ZVAR- 2004 -05, Joseph Speckman. Request for a Variance from Section 24 -105 (e) (2)
to reduce the rear yard setback from 20 -feet to 15 -feet to allow for an addition to the rear
of an existing single - family residence within the RS -2 Zoning District, and located at 501
Seaspray Avenue.
All information related to these applications and full legal descriptions for the subject properties are
available for review at the City of Atlantic Beach Community Development Department located at 800
Seminole Road, Atlantic Beach, Florida. Interested parties may attend the meeting indicated in this
notice and state your opinions, or comments regarding the agenda items may be mailed to the address
contained in this notice. If a person decides to appeal any decision made by the Community
Development Board with respect to any matter considered at the meeting, he or she will need a record of
the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is based.
Notice to persons needing special accommodations and to all hearing impaired persons: In accordance
with the Americans with Disabilities Act, persons needing special accommodation to participate in this
proceeding should contact the City of Atlantic Beach (904) 247 -5800, 800 Seminole Road, Atlantic
Beach, Florida 32233 not later than 5 days prior to the date of this meeting.
To:
From:
Date:
Subject:
Applicant:
Requested Change:
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
March 16, 2004 Public Hearing
ZVAR- 2004 -03, Thomas Mylod
Community Development Board
Planning, Zoning and Community Development Department
City of Atlantic Beach
March 09, 2004
ZVAR- 2004 -03
Thomas Mylod
187 Sylvan Drive
Atlantic Beach, Florida 32233
Request for a Variance fro
setback from 20 -feet to
existing town -home.
on 24 -105 (e) (2) to reduce the rear yard
allow for an addition to the rear of an
Location: 187 Sylvan Drive
Existing Zoning: RS -2
Future Land Use: Residential, Medium Density
Surrounding Zoning: RS -2, RG -2 and CG
Surrounding Land Use: Commercial, two - family and single - family residential
AGENDA ITEM 5.a
STAFF COMMENTS
The Applicant has requested a reduction in the required 20 -foot rear yard to allow for the construction
of a sunroom to the rear of the existing structure, which is a two -unit townhouse located on a 50 -foot
wide by 100 -foot deep lot. The proposed addition would reduce the rear yard setback from 20 -feet to
7 -feet. The subject residence occupies the north one -half of a standard 50 x 100 -foot lot within the
Saltair subdivision. In reviewing the request, staff cannot find that any of the following conditions, as
required by Section 24 -64 (d), are present in this request for a Variance. The Applicant should further
address how the request is consistent with the following conditions, which authorize the Community
Development Board to grant a Variance.
(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. `` q
1
SUGGESTED ACTION TO RECOMMEND DENIAL � 1 ),
The Community Development Board may consider a motion to deny this r quest for a Variance
from Section 24 -105 (e) (2) to reduce the rear yard setback from 20 -feet to feet to allow for an
addition to the rear of an existing town -home located within the RS -2 Zoning District at 187
Sylvan Drive, provided:
n 1. There are no exceptional topographic conditions of or near the property.
I )
2. There are no surrounding conditions or circumstances impacting the property disparately from
nearby properties.
F 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.
n 6. The lots are not of substandard size warranting a Variance in order to provide for the
reasonable Use of the property.
2
SUGGESTED ACTION TO RECOMMEND APPROVAL
H:\PLANNING \VARIANCE FILES\ZVAR- 2004 -03 (Mylod) \Staff Report.Doc
The Community Development Board may consider a motion to approve this requ t for a
Variance from Section 24 -105 (e) (2) to reduce the rear yard setback from 20 -feet to 7 feet to
allow for an addition to the rear of an existing town -home located within the RS -2 Zoning
District at 187 Sylvan Drive, provided:
n 1. There are exceptional topographic conditions of or near the property.
U2. 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.
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 lots are of irregular shape of the property warranting special consideration.
n 6. The lots are of substandard size warranting a Variance in order to provide for the reasonable
Use of the property.
3
It
Date
?7 06/
8. Size of Parcel / 0 0
Printed or typed name(s):
Signature(s):
Mailing Address:
Signature of owner(s) or authorized person if owner's authorization form is attached:
h IX/ 0 CI
V •
F AT N TIC, 5 H
FEB 2 6 2004
APPLICATION FOR A VARIANCE
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. Z Vibe. 2- 0 3
1. Applicant's Name 7 OM Of M7
2. Applicant's Address te cy / , q0 Pi" 4 n 74 1
3. •Property. Location (7 Z_ dr 7 11 ( c # 3 Sq //a
4. Property Appraiser's Real Estate Number 1 r1 06 - 0/ 7 0
5. Current Zoning Classification A s , Comprehensive Plan Future Land Use designation
7. Provision from which Variance is requested - e - 1 - I'ack - a caq
„Se c. — io()(2
9. Homeowner's_Asspciation or Architectural Review Committee approval required for the proposed construction.
illYes MEN° (If yes, this 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 (8) copies of any 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 CORRESPONDICE
REGARDING THIS APPLICATION
Name: ht,„e
(3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other
significant features existing on the Lot.
(4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by
the Owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development
Director shall within a reasonable period of time schedule the application for a public hearing before the
Community Development Board following required public notice. At the public hearing, the applicant
may appear in person or may be represented by an authorized agent.
(c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board,
in its discretion, determines that the granting of the requested Variance shall have a materially adverse
impact upon one or more of the following.
(1) light and air to adjacent properties.
(2) congestion of Streets.
(3) public safety, including risk of fire, flood, crime or other threats to public safety.
(4) established property values.
(5) the aesthetic environment of the community.
(6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife
habitat, Protected Trees, or other significant environmental resources.
(7) the general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situations created by the property owner.
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.
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community
Development Board, for the following reasons.
exceptional topographic con 'tions of or ne / ar the property. vt ek- � - 0 %
r
❑ (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.
MAI' SHOWING BOUNDARY SURVEY
The North 1/2 of Lot 719, Section 3/3 Saltair, according to the plat
in Plat Bb®k 10, page 16, of the current public records of the City
County, T'lori_da. •
ADDENDUM //1 D'I'D. 4 -3 -87
TO SHOW IJORTJI IIALF OF L(7f' 719
NOTES:
I. ANGLES ESTABLISHED IN THE FIELD.
vt
tviv
GRAPHIC
ao '
7 20
SCALE 1"
SYLVAN ( 50' R/ W) DRIVE
FND _ 5000 25.00'
90000'00' tD �n; ol_,;'
2STORY rRAME
DUPLEX . en
NO. 187 M
0
5
ANOMME
SCALE
J. ROONEY & SONS
0.2
07 719
WOOD
90 ° 00 ' 00 "
FNO. •
0.2' 0.2
LOT 735
25
OF
thereof as recorded
of Jacksonville,Duval
Fla).
90
0.2' 90 ° O0' 00 LOT 718
FND.
1967 cnssnr AVENUE , JACKSONVILLE, fLO U1UM1. 32209. 904 - 387 - p3ar
7 25
1 CEflTIFy. TO SHEAP LEHMAIJ SUN ' ;TATS TITL ABST2 AC7A
THOMAS & DOIJIJA MYLOD
, THAI' TNt• •4OVI? 111 A 1f11n1 AM" C011MC/ A••P••IN?A110N Of MO LANO.OAACONO110 IN TIM
4464114 CAPTION; ?NAT FM* •UNVf1 TN0 ►f1'LT ANO ACCINIAI.1V INI/ICAt•• ?Nf IOCAiION Of AI 11 ON •A/• PA ,
B99nr TNl• •VRN•T Nme frfV'APNO UNMN MY OIRIIC/ •vrq/IVt ;If, N, AIM ?NAT TNI• •IINV•V M••?• ?MA M NIMUW FVCNNI•AL •TANMA••
i0 891P "MOB 03 •T 1•11 ♦I.ONIOA •PANG Of LAMP ourtv • toff., rvoiromsr FO •ACTION 4T111.047 IL_? OR SITAPMT00.
11./ 87
Dear Sonya,
The size of the sunroom that we are trying to build has been
reduced to 14 x 12. The sketch below is a rough copy of it.
Thank you for your consideration.
Tom Mylod
8 0
Eyr 1 1 1. b ec/(
187 Stikk nTh-
March 01, 2004
Thomas Mylod
187 Sylvan Drive
Atlantic Beach, Florida 32233
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
Re: March meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Mylod:
Please be advised that your application for a Variance will be considered by the Community
Development Board at their meeting on Tuesday, March 16, 2004 at 7:00 pm. The meeting
will be held in the Commission Chambers located at City Hall.
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 me at 247 -5817 to confirm
your plans to attend the meeting. (You may leave a voice mail message if you do not reach me.)
Sincerely,
Sonya B. toerr, AICP
Community Development Director
r
GtALWik
City of Atlantic Beach
* ** CUSTOMER RECEIPT * **
Oper: DSMITH Type: OC Drawer: 1
Date: 2/27/04 01 Receipt no: 36985
Description Quantity Amount
2004 100046
BP BUILDING PERMITS
1.00 $150.
Tender detail
CK CHECKS 619 $150.00
Total tendered $150.00
Total payment $150.00
Trans date: 2/27/04 Time: 14:19:22
b t_V co w--(0