412 Whiting Lane ZVAR-2004-10 PacketDecember 3, 2004
Timothy Fiore
412 Whiting Lane
Atlantic Beach, Florida 32233
Re: Order of the Community Development Board related to Variance application
Dear Mr. Fiore:
Sincerely,
vja,v44
Sonya 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
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.
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -544
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: Timothy Fiore
412 Whiting Lane
Atlantic Beach, Florida 32233
FILE NUMBER: ZVAR- 2004 -10
DATE OF HEARING: November 16, 2004
ORDER DENYING VARIANCE
The above referenced Applicant requested a Variance from Section 24 -151 (b) (1) (ix) to allow an
existing un- permitted storage shed to remain in its current location at 1 -foot, 8- inches from the side
lot line and 3 -feet, 6- inches from the rear lot line on property within the RS -1 Zoning District and
located at 412 Whiting Lane.
On August 17, 2004 and again on September 21, 2004, October 19, 2004 and November 16, 2004,
said request was considered at public hearings 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, finding:
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.
Page two
Order ZVAR- 2004 -10
November 17, 2004
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.
NOW THEREFORE, the Community Development Board hereby DENIES this request for a
Variance from Section 24 -151 (b) (1) (ix) to allow an existing un- permitted storage shed to
remain in its current location at 1 -foot, 8- inches from the side lot line and 3 -feet, 6- inches from
the rear lot line on property within the RS -1 Zoning District and located at 412 Whiting Lane.
DATED THIS 3 o DAY OF
Robert Frohwein, 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 evelopment Director
Applicant: Timothy Fiore
412 Whiting Lane
Atlantic Beach, Florida 32233
Requested Change:
Location: 412 Whiting Lane
Existing Zoning: RS -1
Future Land Use: Residential, Low Density
Surrounding Zoning: RS -1
Surrounding Land Use: Single - family residential
AGENDA ITEM 4.a
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
revised for
November 16, 2004 Public Hearing
ZVAR- 2004 -10, Fiore
(continued from August, September and October meetings)
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: November 9, 2004
Subject: ZVAR- 2004 -10
Request for a Variance from Section 24 -151 (b) (1) (ix) to allow an
existing storage shed to remain in its current location at 1 -foot, 8- inches
from the side lot line and 3 -feet, 6- inches from the rear lot line.
At the October meeting, the applicant presented photographs of properties that he
believed contain storage buildings that were either not legal structures or had obtained
variances. Research o Ci ales veri aes that these structures were sro Berl sermitted
and no variances were required. Copies if the photos and the permits are attached.
STAFF COMMENTS
The Applicant has requested this variance in order to allow an existing shed to remaining its current
position. The shed was constructed by a previous owner without a building permit. (The un-
permitted shed was identified by the Building Department during routine verification of permits for
such structures.)
The current owner applied for a building permit so that the shed could be inspected and permitted;
however, since the shed does not comply with zoning setbacks, a building permit could not be issued.
The lot is a roughly 80 -foot by 93 -foot parcel within the Royal Palms subdivision, and does not
contain a garage or any other type of storage structure. The Community Development Board may
wish to consider that exceptional circumstances prevent the reasonable use of the property as
compared to other properties in the area in that there does not appear to be any other location on the
lot where a garage or shed could be placed due to existing zoning setbacks, and also a platted 25 -foot
Building Restriction Line and a drainage and utility easement along the west side of the lot.
The Community Development Board may grant a Variance upon demonstration of the following.
(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 from Section 24 -151 (b) (1) (ix) to allow an existing storage shed to remain in its
current location at 1 -foot, 8- inches from the side lot line and 3 -feet, 6- inches from the rear lot
2
line on property within the RS -1 Zoning District and located at 412 Whiting Lane, subject to
the following condition:
• A Building Permit shall be applied for and issued within thirty (30) days of this
action, and further provided that the request complies with the following
condition(s) needed to grant a Variance.
n 1. There are exceptional topographic conditions of or near the property.
11
2. 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.
n 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.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny this request for a Variance
from Section 24- 151(b) (1) (ix) to allow an existing storage shed to remain in its current location
at 1 -foot, 8- inches from the side lot line and 3 -feet, 6- inches from the rear lot line on property
within the RS -1 Zoning District and located at 412 Whiting Lane, provided:
Fl 1 There are no exceptional topographic conditions of or near the property.
02. 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.
n 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- 2004 -10 (Fiore) \Staff Report.Doc
3
5. New Business. None.
5. Adjournment.
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, November 16, 2004 at 8:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
A training workshop will be held from 6:OOpm — 8:OOpm. The regular
meeting will convene at 8:00 p.m.
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of October 19, 2004.
3. Recognition of Visitors.
4. Old Business.
a. ZVAR- 2004 -10, Fiore. Deferred request for a Variance from Section 24 -151 (b) (1) (ix)
to allow an existing storage shed to remain in its current location at 1 -foot, 8- inches from
the side lot line and 3 -feet, 6- inches from the rear lot line for property within the RS -1
Zoning District, and located at 412 Whiting Lane.
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.
November 05, 2004
Timothy Fiore
412 Whiting Lane -
Atlantic Beach, Florida 32233
Re: November meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Fiore:
Please be advised that your application for a Variance will again beeonsidered by the
Community Development Board at their meeting on Tuesday, November lam, 2004. Please note
that the regular meeting will begin at 8:00 pm rather than the usual 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 -5826 to confirm your
plans to attend the meeting. (You may leave .a voice mail message.)
Sincerely,
A- �a.wt
Sonya B. Doerr, AICP
Community Development Director
Enclosure
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
To:
From:
Date:
Subject:
Applicant:
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
Requested Change:
October 19, 2004 Public Hearing
ZVAR- 2004 -10, Fiore
(continued from August and September meetings)
Community Development Board
Planning, Zoning and Community Development Department
City of Atlantic Beach
October 11, 2004
ZVAR - 2004 -10
Timothy Fiore
412 Whiting Lane
Atlantic Beach, Florida 32233
Location: 412 Whiting Lane
Existing Zoning: RS -1
Future Land Use: Residential, Low Density
Surrounding Zoning: RS -1
Surrounding Land Use: Single - family residential
AGENDA ITEM 4.a
Request for a Variance from Section 24 -151 (b) (1) (ix) to allow an
existing storage shed to remain in its current location at 1 -foot, 8- inches
from the side lot line and 3 -feet, 6- inches from the rear lot line.
STAFF COMMENTS
The Applicant has requested this variance in order to allow an existing shed to remaining its current
position. The shed was constructed by a previous owner without a building permit. (The un-
permitted shed was identified by the Building Department during routine verification of permits for
such structures.)
The current owner applied for a building permit so that the shed could be inspected and permitted;
however, since the shed does not comply with zoning setbacks, a building permit could not be issued.
The lot is a roughly 80 -foot by 93 -foot parcel within the Royal Palms subdivision, and does not
contain a garage or any other type of storage structure. The Community Development Board may
wish to consider that exceptional circumstances prevent the reasonable use of the property as
compared to other properties in the area in that there does not appear to be any other location on the
lot where a garage or shed could be placed due to existing zoning setbacks, and also a platted 25 -foot
Building Restriction Line and a drainage and utility easement along the west side of the lot.
The Community Development Board may grant a Variance upon demonstration of the following.
(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 from Section 24 -151 (b) (1) (ix) to allow an existing storage shed to remain in its
current location at 1 -foot, 8- inches from the side lot line and 3 -feet, 6- inches from the rear lot
line on property within the RS -1 Zoning District and located at 412 Whiting Lane, subject to
the following condition:
• A Building Permit shall be applied for and issued within thirty (30) days of this
action, and further provided that the request complies with the following
condition(s) needed to grant a Variance.
2
1. There are exceptional topographic conditions of or near the property.
1 There are surrounding conditions or circumstances impacting the property disparately from
nearby properties.
E3. 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.
n 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.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny this request for a Variance
from Section 24 -151 (b) (1) (ix) to allow an existing storage shed to remain in its current location
at 1 -foot, 8- inches from the side lot line and 3 -feet, 6- inches from the rear lot line on property
within the RS -1 Zoning District and located at 412 Whiting Lane, provided:
n 1. There are no exceptional topographic conditions of or near the property.
F12. There are no surrounding conditions or circumstances impacting the property disparately from
nearby properties.
1 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.
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.
H:\PLANNING \VARIANCE FILES\ZVAR- 2004 -10 (Fiore) \Staff Report.Doc
3
MAP SHOWING BOUNDARY SURVEY OF
LOT 2, BLOCK 12, REPLAT OF PART OF ROYAL PALMS UNIT TWO A, AS RECORDED IN PLAT BOOK 31, PAGE 16, 16A
THROUGH 16D OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
FOUND 1/2" IRON PIPE
NO IDENTIFICATION
4'-
0.1'
W
671
d W r
L
1 0 v
p
co 6
LOT 25 c
BLOCK 12
LOT 28
BLOCK 12
3 w
FOUND 1/2" IRON PIPE
NO IDENTIFICATION
8' 1.1''
3.8
3
2.8'
X
N
FRAME SHED
I5
LOT 3
BLOCK 12
LOT 2
BLOCK 12
CERTIFIED TO:
TIMOTHY J. FIORE
SOUTHTRUST MORTGAGE
TITLE AMERICA OF JACKSONVILLE
UNITED GENERAL TITLE INSURANCE COMPANY
t
N 82'43'58" E x
N 82'43'58" E.,..
13.4'
1.5'
-114 'l
10.0
LOT 1
BLOCK 12
ONE STORY
MASONRY
POSTED # 412
Finish Floor Elevation
12.6' NGVD 1929
\- 0.4 S 82'49'02" W
S 82'43'58" W x
WELL
13.0
FT
26.7'
93.00' (PLAT)
93.18' (MEASURED)
0.5'
11
COVERED
11.8'
z
6
m 35.2'
N
93.19' (MEASURED)
93.00' (PLAT)
TRITON ROAD
FOUND 1/2' IRON PIPE
NO IDENTIFICATION
n
Z 1~
co Q
5.
W
w U ' .
6 Z"
oo N
4 0 o
CO (o = a1
to
FOUND 1/2' IRON PIPE
NO IDENTIFICATION
m�
m1
LEGEND:
R = RADIUS
L = LENGTH
sunv[Hinoinc
JOB # 22996 j DATE OF FIELD SURVEY: 01 -06 -04
LICENSED BUSINESS $ 6702
FENCE
CONCRETE
NOTES:
NOTES:
1. BEARINGS ARE BASED ON THE PLAT BEARING OF N 82'43'58" E ALONG THE
NORTHERLY BOUNDARY LINE OF SUBJECT PARCEL
2. BY GRAPHIC PLOTTING ONLY THE CAPTIONED LANDS LIE WITHIN FLOOD ZONE 6 , AS SHOWN ON THE
NATIONAL FLOOD INSURANCE MAP DATED APRIL 17, 1989, COMMUNITY NUMBER 120075, PANEL _0.001 D
3. THIS SURVEY REFLECTS ALL EASEMENTS & RIGHTS OF WAY AS PER RECORDED PLAT & /OR TITLE COMMITMENT
IF SUPPLIED. UNLESS OTHERWISE STATED, NO OTHER TITLE VERIFICATION HAS BEEN PERFORMED BY THE UNDERSIGNED.
4. THIS SURVEY NOT VALID WITHOUT THE EMBOSSED SEAL OF THE CERTIFYING SURVEYOR.
M 2522 Oak Street
Jacksonville, Florida 32204
(Phone) 904- 389 -5989
(Fax) 904 -389 -6175
LAND SURVEYS 0 CONSTRUCTION SURVEYS
ACCEPTED BY:
REVISIONS
DATE
DESCRIPTION
ISSUE DATE: 01 -06 -04 j SCALE: 1" = 20'
CERTIFICATE
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE
AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PRO - •'AL SURVEYORS AND MAPPERS IN NAPTER 61617 -6, FLORIDA
ADMINISTRA1I R ANT TO SECTION - 72.072 ORIDA1S1ANTES.
MICHAEL J. AIELL
REGISTERED SURVEYOR AND MAPPER '74879 STATE OF FLORIDA
0 SUBDIVISIONS
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RE #
Name
Address
Total
Value
Acres
Plat
Book
Map
Panel
Legal Descriptions
Flood
Zone
LandUse
Zoning
ENT
171445 0000
FIORE
TIMOTHY J
412
WHITING LA
32233
81380
0.15999999642
556A4
31 -16 38- 2S -29E
R/P OF PT OF ROYAL PALMS UNIT 2 A
LOT 2 BLK 12
Not in
Flood
Zone
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August 20, 2004
Timothy Fiore
412 Whiting Lane
Atlantic Beach, Florida 32233
Re: Variance application (File Number ZVAR- 2004 -10)
Dear Mr. Fiore:
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
I have reviewed City files related to your property, and based upon tax records and building
permit applications, your existing house was constructed in 1963, so it is reasonable to conclude
that no shed or accessory structure existed on the property before 1963, and no structure other
than the house was included in the original building permit application.
The town of Atlantic Beach first enacted zoning regulations by Ordinance Number 50 in January
of 1940. Those 1940 regulations were repealed and replaced with new zoning regulations in
1959, by Ordinance 90- 59 -03. I have attached and highlighted the applicable provisions from
both of those Ordinances, which address Accessory Structures.
The storage shed existed as of April 09, 2000, as it appears on a survey of that date. The
previous owner indicated that the shed existed when he purchased the house in 1992, but there is
no other information available to me to determine when the shed was built, since no permits
were applied for or issued for the shed. As you can read from the earlier ordinances, there have
been required setbacks for Accessory Structures since 1940, and the shed does not meet any of
the previous or current setbacks.
Your application for a Variance will again be considered by the Community Development Board
at their meeting on Tuesday, September 21, 2004 at 7:00 pm. The meeting will be held in the
Commission Chambers located at City Hall. Please feel free to call me at 247 -5826 with any
questions.
Sincerely,
a a s/cu
Sonya B. Doerr, AICP
Community Development Director
Enclosures
§ 28 -3
MC/ 2n,h4
C ta9 °. each City C e
Sec. 28 -3 . Adoption of zoning map. 2
204
The location and boundaries of the districts established by this chapter to th
�- qnJ
shall be as shown on the zoning map of the city, which map is hereby adopted r Subs
and made a part of this chapter . (Ord. No . 90-59-3, § 1.)
� alte g
The boundaries of the districts established by this chapter , as indicated Mahe i
Sec . 28-4. Interpretation of boundaries of districts.
on the zoning map, Yhei
g p, are intended to follow the center lines of streets or alleys „ . ,� ,. -� ..
their extensions or lot lines or their extensions as they existed at the time of thi
gi adoption of this chapter, but when the boundary line does not coincide with if'L'
any of the aforesaid lines or where it is not located by dimensions shown on
the zoning map, it shall be deemed to be distant from the nearest known poll
according to the scale of the zoning map. (Ord. No. 90 -59 -3, § 1.)
Sec. 28-5. General provisions .
t ine,
The provisions of this section shall apply in both the residence and buS1
ness districts, except where the context specifically indicates its application Y� # ';%i.
to residence districts only or business districts only. �_• _..� line,
(a) Accessory buildings. Accessory buildings or structures, the
use of which is incident to the main building, including private garages, tool.,, Fiaiiy
rooms, etc. , shall be permitted in the rear yard area, shall not be more than `Nand
one story in height and shall not cover more than twelve percent of the lot 4: city
area Only one such building shall be permitted on each building site and no _ F =Mreta
part of any accessory building shall be nearer than five feet to any side or mat.
rear lot line. On a corner lot, no part of any accessory building shall. pro-
ject in front of the required setback line on either street. Space shall not be
leased or let for any use or purpose other than those incident to the use of ?.�,a� rar
the main building.
(al) Building height limit. No building or structure shall be erected
to a height in excess of thirty feet. f.r a bu
f cmr
(b) Adjoining districts. Where a residence district adjoins a business ` Fthe
district, the adjoining lot with the lesser restrictions shall be provided with y s � tim(
a front yard, rear yard or side yard at least one -half the size of those required'
for the adjoining lot with the greater restrictions.
(c) Courts required. A yard or court on the same lot•shall be pro= Gtf
vided wherever needed to give adequate light and ventilation to any room in. ^ f or
which persons live, sleep, work or congregate.
(d) Existing buildings; nonconforming uses. Except as hereinafter
provided, no building or premises shall be used, constructed, reconstructed,;
extended or structurally altered except in conformity with the provisions of a
this chapter which apply
ie
pav,
witi
2. Editor's note.- -The zoning map is not set out in this Code. �� -� �r' Par'.
Such map, as amended, is on file in the office of the city
clerk.
1
(I) UNSAFE BUILDINGS.
Nothing in this Ordinance shall prevent the strengthening or
restoring to a safe condition of any building or wall declare& un-
safe by the Building Inspector.
(1) ACCESSORY BUILDINGS.
Accessory buildings or structures, the use of which is incident
to the main building, including private garages, servants' quarters,
wood sheds, tool rooms, et cetera, shall not be more than ane story
in height and shall not contain aa.aggregate floor area of more than
12 per cent of the lot area, except that space may be provided for
three motor vehicles in any case. No part of any such buildings or
structures shall be hearer than 3 feet to any side lot line or near-
er than 5 feet to any rear lot line, No part of any accessory build-
ing situated within &5 feet of any street line shall be nearer than
10 feet to any lot line intersecting such street, -which serves, as a
side lot line, to any lot located in any Residence District. Space
shall not be leased or let for any use or purpose other than those
incident to the use of the main building. Accessory buildings must
be built after and in rear of the main building.
On a corner lot, no part of any accessory building shall project
c
in front of the required set bark line on either street, except where
there is an existing building on an adjoining lot, the said accessory
building may he built to the average line between the said existing
buildings and the main building to which it is incident.
(g) SECONDARY DWELLINGS.
In any District, when a lot has a width of 50 feet or more and
extends from Street to Street, a secondary single dwelling, which may,
be combined with a private garage with a capacity of not more than
four motor vehicles in separate units, may be erected in the rear of
a principal dwelling, provided the secondary dwelling is not more 1 ,,
M} r
than 25 feet high, .that there is not less than 20 feet between the,,��,,�s'f
, , principal and secondary dwellinga and that the side yard regulation's�;�,;,
, r..• , .
"` of K:rticle III (L) (2) apply to the sides of the secondary dwelling , °
.g )4
z „�
June 1, 2004
Mr. Timothy J. Fiore
412 Whiting Lane
Atlantic Beach, FL 32233 -2519
Dear Mr. Fiore,
Our records indicate that you are owner of 412 Whiting Lane in the City of Atlantic Beach.
Investigation of this property discloses that there was a "cottage" built in the rear yard without a
building permit. Building permits are required in Atlantic Beach to construct a detached
structures.
Please contact the building department to obtain a permit application within ten (10) days of
receipt of this letter or we will turn this over to Code Enf -
Failure to obtain a permit as required per Florida Buildir 3 m
result in the case being turned over to the Code Enforc( 'al
the City of Atlantic Beach may impose a fine of up to $2 g 3 ��
—
Regards,
Larry J. Higgins •
Deputy Building Official
Cc: Don C. Ford, Building Official
Alex Sherrer, Code Enforcement Official
file
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
0
a
James Walls
412 Whiting-Lane-- --
— Atlantic Beach, FL 32233
904.708.0773 '`✓
December 17, 2003
City of Atlantic Beach
Larry Higgins
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mr. Higgins,
As per our conversation and in reference to the following copy of the notice left at my
home, the storage building in the back on my property is being used as storage. The
building was on this property when I purchased it in 1992. It is also included on a survey
that we had to acquire when we pulled permit in 2000 to add on an addition to the house
on the property in which you were here for all inspections.
Thank -you for your time
L
6 it /c,
OE
$15.00 REINSPECT FEE
BLDG
ADDITIONS or CORRECTIONS
DO NOT REMOVE
r / /
It is unlawful for any Carpenter, Contractor, Builder or other
persons, to cover or cause to be covered, any part of the work
with flooring, lath, earth or other material, until the proper
inspector has had ample time to approve the installation.
After additions or corrections have been
made, call 247 -5826, Building Depart-
ment for an inspection. Field Inspectors
are in the office from 8:00 a.m. to 5:00
p.m. Monday through Friday.
PLUMBING
ELEC
JOB ADDRESS
1 4.1 6c41 1 1.1.• 1.( _,A...1
DAIS
THIS JOB HAS NOT BEEN COMPLETED
The following additions or corrections shall be made before
the job will be accepted
C l/1i) t ~u.- %: :. ( L l..l f 0 Lf . j-[ .(, r l•.. -�'. .
1
November 3, 2003
Mr. & Mrs. James Walls
412 Whiting Lane
Atlantic Beach, Florida 32233
Dear Mr. Walls,
Our records indicate that you are owner of the above property in the City of Atlantic
Beach.
Investigation of this property discloses that a permits for a "cottage" and a shed have
not been issued.
Failure to obtain a permit as required per Florida Building Code, Chapter 1, Section 104,
will result in the case being tumed over to the Code Enforcement Board. Under Florida
Statute 264 the City of Atlantic Beach may impose a fine of up to $250.00 a day.
Thank you for your prompt attention to this matter.
Regards,
Don C. Ford
Building Official
Cc: Larry Higgins, Deputy Building Official
Alex Sherrer, Code Enforcement Official
file
ru
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5805
SUNCOM: 852 -5800
http: / /ci.atlantic- beach.fl.us
estc
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
O Restricted Delivery Fee
(Endorsement Required)
ra
Total Postage & Fees
Q Sent Tq / � ,
T.— Street, Apt. ' /J o.
or PO Box No.
City, State, ZIP +4
Postmark
Here
§ 28 -3
MT/ ZDn/h4
tag ,.
e
tan is Beach Cit
y
Sec. 28 -3 . Adoption of zoning map. 2
The location and boundaries of the districts established by this chapter
shall be as shown on the zoning map of the city, which map is hereby adopted
and made a. part of this chapter . (Ord. No. 90-59-3, § 1.)
Sec. 28 -4. Interpretation of boundaries of districts. tel
The boundaries of the districts established by this chapter, as indicated
on the zoning map, are intended to follow the center lines of streets or alleys o
their extensions or lot lines or their extensions as they existed at the time of thE'
adoption of this chapter, but when the boundary line does not coincide with }`a'
any of the aforesaid lines or where it is not located by dimensions shown on •
the zoning map, it shall be deemed to be distant from the nearest known point
according to the scale of the zoning map. (Ord. No. 90 -59 -3, § 1.)
Sec. 2 8- 5 . General provisions.
The provisions of this section shall apply in both the residence and buST -t
ness districts, except where the context specifically indicates its application
to residence districts only or business districts only.
(a) Accessory buildings. Accessory buildings or structures, the ,.;
use of which is incident to the main building, including private garages, tool,
rooms, etc. , shall be permitted in the rear yard area, shall not be more than
one story in height and shall not cover more than twelve percent of the lot
area. Only one such building shall be permitted on each building site and no
part of any accessory building shall be nearer than five feet to any side or ,;'.r
rear lot line. On a corner lot, no part of any accessory building shall. pro-
ject in front of the required setback line on either street. Space shall not be
leased or let for any use or purpose other than those incident to the use of
the main building.
(al) Building height limit. No building or structure shall be erected
to a height in excess of thirty feet.
(b) Adjoining districts. Where a residence district adjoins a business
district, the adjoining lot with the lesser restrictions shall be provided with
a front yard, rear yard or side yard at least one -half the size of those required
for the adjoining lot with the greater restrictions.
(c) Courts required. A yard or court on the same lot'shall be pro-
vided wherever needed to give adequate light and ventilation to any room in..
which persons live, sleep, work or congregate.
(d) Existing buildings; nonconforming uses. Except as hereinafter
provided, no building or premises shall be used, constructed, reconstructed,;
extended or structurally altered except in conformity with the provisions of s`�.� ..,a
this chapter which apply rt r :;:drip
be
pay'
Witt
par'.
2. Editor's note.--The zoning map is not set out in this Code.
Such map, as amended, is on file in the office of the city
clerk.
204
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.for
(I) UNSAFE BUILDINGS.
Nothing in this Ordinance shall prevent the otreagthening or
restoring to a safe condition of any building or wall declared un-
safe by the Building Inspector.
(1) ACCESSORY BUILDINGS.
Accessory buildings or structures, the use of which is incident
to the main building, including private garages, servants' quarters,
wood sheds, tool rooms, et cetera, shall not be more than one story
in height•and shall not contain an.aggregate floor area of more than
12 per cent of the lot area, except that space may be provided for
three motor vehicles in any case. No part of any such buildings or
structures shall be nearer than 3 feet to any side lot line or near-
It er than 6 feet to any rear lot line' No part of any accessory build-
.. I ,. , '. :
ing situated within a5 feet of any street line shall be nearer than
10 feet to any lot line intersecting such street, -which serves as a
side lot line, to any lot located in any Residence District. Space
shall not be leased or let for any use or purpose other than those
incident to the use of the main building. Accessory buildings must
be built after and in rear of the main building..,,
On a corner lot, no part of any accessory building shall pre.ect
in front of the required set bark line on either street, except where
1 - ,.
there is an existing building on an adjoining lot, the said accessary
building may be built to the average line between the said existing
buildings and the main building to which' it is incident.
(g) SECONDARY DWELLINGS.
In any District, when a lot has a width of 50 feet or more and
extends from Street to Street, a secondary single dwelling, which may
be combined with a private garage with a capacity of not more than
four motor vehicles in separate units, may be erected in the rear of
a principal dwelling, provided the secondary dwelling is not more
h ,K, NS
than 25 feet high, .that there is not less than 20 reet between the. , f P ,.., % �' t
principal and secondary dwellinga and that the side yard regnlation�s 4 � , � ; , AM' -
of Article III (L) (2) apply to the sidea of the secondary dweing , .. »,''
.9. h:' ' ., /
June 1, 2004
Mr. Timothy J. Fiore
412 Whiting Lane
Atlantic Beach, FL 32233 -2519
Dear Mr. Fiore,
Our records indicate that you are owner of 412 Whiting Lane in the City of Atlantic Beach.
Investigation of this property discloses that there was a "cottage" built in the rear yard without a
building permit. Building permits are required in Atlantic Beach to construct a detached
structures.
Please contact the building department to obtain a permit application within ten (10) days of
receipt of this letter or we will turn this over to Code Enf
Failure to obtain a permit as required per Florida Buildir
result in the case being turned over to the Code Enforct
the City of Atlantic Beach may impose a fine of up to $2
Regards,
L. H
Larry J. Higgins
Deputy Building Official
Cc: Don C. Ford, Building Official
Alex Sherrer, Code Enforcement Official
file
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
0,
0.
0
u7
m
m
ru
rs-
James Walls
412 Wlut_inig-Lane--
— Atlantic Beach, FL 32233
'90.4 708.0773
December 17, 2003
City of Atlantic Beach
Larry Higgins
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mr. Higgins,
As per our conversation and in reference to the following copy of the notice left at my
home, the storage building in the back on my property is being used as storage. The
building was on this property when I purchased it in 1992. It is also included on a survey
that we had to acquire when we pulled permit in 2000 to add on an addition to the house
on the property in which you were here for all inspections.
Thank -you for your time
James Walls
J L,
r Stir,.-4t C: .
J
rol
NOTICE
ADDITIONS or CORRECTIONS
DO NOT REMOVE
JOB ADDRESS
DATE
j �i
41), 6ui�I I "�I,.I.'. ; L/J /2. c / ,1 :
THIS JOB HAS NOT BEEN COMPLETED
The following additions or corrections shall be made before
the job will be accepted
r
V.( 1 'riff O11 ( ! i •4_, r .l .1 1 I-.(c r . {
OF
$15.00 REINSPECT FEE
BLDG
u
It is unlawful for any Carpenter, Contractor, Builder or other
persons, to cover or cause to be covered, any part of the work
with flooring, lath, earth or other material, until the proper
inspector has had ample time to approve the installation.
After additions or corrections have been
made, call 247 -5826, Building Depart-
ment for an inspection. Field Inspectors
are in the office from 8 :00 a.m. to 5:00
p.m. Monday through Friday.
PLUMBING
ELEC
November 3, 2003
Mr. & Mrs. James Walls
412 Whiting Lane
Atlantic Beach, Florida 32233
Dear Mr. Walls,
Our records indicate that you are owner of the above property in the City of Atlantic
Beach.
Investigation of this property discloses that a permits for a "cottage" and a shed have
not been issued.
Failure to obtain a permit as required per Florida Building Code, Chapter 1, Section 104,
will result in the case being tumed over to the Code Enforcement Board. Under Florida
Statute 264 the City of Atlantic Beach may impose a fine of up to $250.00 a day.
Thank you for your prompt attention to this matter.
Regards,
Don C. Ford
Building Official
Cc: Larry Higgins, Deputy Building Official
Alex Sherrer, Code Enforcement Official
file
m
(L
Postage
Certified Fee
1 �5 mc e r ���T�"�e�PC�f�����.�'" fit
estt MarHG7rttya r- r rt 4
o^a `Ic�'
' '
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CITY OFATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5805
SUNCOM: 852 -5800
http: / /ci.atlantic- beach.fl.us
Return Receipt Fee
(Endorsement Required)
O Restricted Deliver/ Fee
t (Endorsement Required)
Total postage & Fees
N
Sent
Street, Apt. No.,
or PC Box No.
City State, ZIP >4
Postmark
Here