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
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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
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.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