Loading...
501 Seaspray Avenue ZVAR-2004-05 (Speckman)March 30, 2004 Joseph Speckman 501 Seaspray Avenue 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. Speckman: 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, Sonya oerr, AICP Community Development Director APPLICANT: 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 Joseph Speckman 501 Seaspray Avenue Atlantic Beach, Florida 32233 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 15 -feet to allow for an addition to the rear of an existing single - family residence for property within the RS -2 Zoning District and located at 501 Seaspray Avenue. 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 -05 March 19, 2004 NOW THEREFORE, the Community Development Board hereby DENIES this request for a Variance from Section 24 -105 (e) (2) seeking 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 for property within the RS -2 Zoning District and located at 501 Seaspray Avenue. DATED THIS 7 DAY OF v , 2004. Mary alker, i;! ting 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. Community i evelopment Director AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday March 16, 2004 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 24, 2004 and minutes of the workshop of February 03, 2004. 3. Recognition of Visitors. 4. Old Business. None. 5. New Business. a. ZVAR- 2004 -03, Thomas Mylod. Request for a Variance from Section 24 -105 (e) (2) and (3) to reduce the rear yard setback from 20 -feet to 7 -feet and also to reduce the side yard to less than the 5 -foot minimum and less than the required combined 15 -feet to provide a 4 -foot setback on the north the side of the lot, and a combined 11 -foot, three - inch setback to allow for an addition to the rear of an existing town -home on property within the RS -2 Zoning 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 addition over an existing attached garage on a non - conforming structure within the RS -2 Zoning District, and located at 1098 Beach Avenue. 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. 7. Adjournment. 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. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: March 09, 2004 Subject: ZVAR- 2004 -05 Requested Change: March 16, 2004 Public Hearing ZVAR- 2004 -05, Joseph Speckman Applicant: Joseph Speckman 501 Seaspray Avenue Atlantic Beach, Florida 32233 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. Location: 501 Seaspray Avenue Existing Zoning: RS -2 Future Land Use: Residential, Medium Density Surrounding Zoning: RS -2 Surrounding Land Use: Single- family residential AGENDA ITEM 5.c 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 reduce the rear yard setback from 20 -feet to 15 -feet. The lot is a typical 50 by 100 -foot corner 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. SUGGESTED ACTION TO RECOMME DENIAL 1 ° The Community Development Board may consider a motion to deny t 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, 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. 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 u5. 2 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. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to approve this 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, provided: ❑ 1. There are exceptional topographic conditions of or near the property. (I 2. There are surrounding conditions or circumstances impacting the property disparately from nearby properties. 1 There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Li 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. 6. The lots are of substandard size warranting a Variance in order to provide for the reasonable Use of the property. H:\PLANNING \VARIANCE FILES\ZVAR- 2004 -05 (Speckman) \Staff Report.Doc 3 8. Size of Parcel 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/clatlantic-beach.fl.us Date 3 / / d 4 / File No. -- Z-✓ 412 - Z OO 14 'D5 1. Applicant's Name e7 -f'// tiS/''' /c/- 1.d1- S' .r /'° A 7 I.st , �Z e pz 2 2 '7 2. Applicant's Address �' 3. Property Location ,5 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification /?ET /i)b -s'r /# -x- 6. Comprehensive Plan Future Land Use designation 7. Provision from which Variance is requested . L/ - b y teA6 a zi- /a s ')M 9. Homeowner's �As °ciation or Architectural Review Committee approval required for the proposed construction. ❑Yes lNo (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 (8) copies of any such original documents. d. Application Fee ($150.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): ✓ o -s E Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: 6 Mailing Address: -Cc" Phone: f / ° D FAX: E mail: , ®rv! /YoL., cd,641 ❑ (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. 3 i >t /e o co/Q/VElt@ 4 0 j 1 ,0/77 7 , - /f' j /46& 0 0 c 14,s 6 ,1 te- /' Az> Pb - i 4✓2&T co CQN .s g " ?.? , / /OA - '7 a,4 /2(J( G' e . S / t t%),.. /c=' "0 12 ° , (e) Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re- submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. (j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. Additional comments: RE # Name Address Total Value Acres Plat Book Map Panel Legal Descriptions Flood Zone LandUse Zoning ENT 170431 003V s PECKMAN JOSEPH J 501 SEASPRAY AV 32233 136650 0.11 0000 559 2 16- 2S -29E SEC 2 SALTAIR LOT 270 Not in Flood Zone Map Output Page 1 of 1 2 1f 4r JAXGIS Property Information 271 Cepyri8hiIC) 280'2Ciiyo Jaele3*nuille„ Fl 276 301 342 http: / /maps.coj .net/WEB SITE/DuvaiMAps /toolbar. asp 3/3/2004 w rn U - -I n ' I "' 0 - I rTi Fri LOT 270, SECTION NO. 2 SALTAIR, AS RECORDED IN PLAT BOOK 10, PAGE 15, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. FOUND 1 \2 IRO PIPE NO CAP CHECKED BY: 4'c_ DRAWN BY: CSK FILE: 2003 - 1080 LOT 257 LOT 258 (89.89' FIELD) 100 00' FOUND 1 \2' IRON PIPE ILLEGIBLE 0. S "NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER." 2.9 U1 O O O .1' SHED 7.6' N CONCRETE PAD 9 O0 . 4 o • h FENCE POST ON CORNER UNABLE TO SET IRON PIPE NOTES: -THIS IS A BOUNDARY SURVEY. -NO BUILDING RESTRICTION LINES AS PER PLAT. - ANGLES AS PER FIELD SUSRVEY. -NORTH PROTRACTED FROM PLAT. 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 0001D, REVISED APRIL 17, 1989 FOR ATLANTIC BEACH, FLORIDA. MAP SHOWING SURVEY OF LOT 268 LOT 269 (100.13' FIELD) 100.00' 4' M ETAL FENCE co PROPANE T WOOD DECK CONCRETE WAL ` V 9 0 0,, 01 100.00' ASPRAY AVE\ 50' RIGHT OF WAY (PAVED) FOUND 1 \2' IRON CONCRETE ON LINE PIPE NO CAP 'STOOP' 52.5' 1 STORY VINYL SIDING p 10.4' RESIDENCE #501 2.0'> 2.0' 42.i D� E THIS SURVEY WAS MADE FOR THE BENEFIT OF JOE SPECKMAN. A \C PAD P' 0 ' 1 Ei �0� 4j� 0.3 0 14.4' 4.4' FOUND 1 \2' IRON PIPE NO CAP DONN W. BOATWRIGHT, P.S.M. FLORIDA LIC, SURVEYOR and MAPPER No. LS 3295 FLORIDA LIC. SURVEYING & MAPPING BUSINESS No. LB 3672 BOATWRIGHT LAND SURVEYORS, INC. 1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 241 -8550 R DATE: SEPTEMBER 10, 2003 SHEET 1 OF ' • A To the City of Atlantic Beach, Florida: This letter is to attest that Joseph and Maryann Speckman of 501 Seaspray Ave., Atlantic Beach, have notified me /us of their intent to add an addition to their home on Seaspray Ave. Uwe have no objection to the construction of this structure. Print Name: P-ez C i 4 Signature: Address: Date: a av SEm / NDLE (Di S ?+ FL To the City of Atlantic Beach, Florida: This letter is to attest that Joseph and Maryann Speckman of 501 Seaspray Ave., Atlantic Beach, have notified me /us of their intent to add an addition to their home on Seaspray Ave. Uwe have no objection to the construction of this structure. Print Name: o 11 Signature: \—\:0 vv\ Address: l r tjo crL� OC4) Date: L ' 2- ' O ^6c