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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 Map Output 418 353 I l 419 1 1 a I1 I us I 799 JAXGIS Property Information 4.51 412 434 426 796 I 1 325 787 441 I' 444 } S 433 C a 425 426 il 1 i 417 C 7" http:// maps. coj .net/WEBSITE /DuvalMAns /tnnlhar acn J 3~u 767 1 769 7 757 I C 451 C 443 I 440 } 44S '�'ti r I ti sti �I 4 ti 427 424 }I 416 11 416 1 41.1 , I 747 C 7 747 Co pyrighi ' .jC) ' 2 1 768 — 1 - - r Page 1 of 1 • ti 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 Map Output 418 353 I l 419 1 1 a I1 I us I 799 JAXGIS Property Information 4.51 412 434 426 796 I 1 325 787 441 I' 444 } S 433 C a 425 426 il 1 i 417 C 7" http:// maps. coj .net/WEBSITE /DuvalMAns /tnnlhar acn J 3~u 767 1 769 7 757 I C 451 C 443 I 440 } 44S '�'ti r I ti sti �I 4 ti 427 424 }I 416 11 416 1 41.1 , I 747 C 7 747 Co pyrighi ' .jC) ' 2 1 768 — 1 - - r Page 1 of 1 • ti 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 to th On J subs .o r o' alte] the eig g c :evex me, 'line, Py and city 'rata mat rar bu oun timc fyarc .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�' ' ' S O O 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