1395 Main Street ZVAR-2003-05 (Wilkins)June 26, 2003
Debra G. Wilkins
1395 Main Street
Atlantic Beach, Florida 32223
Re: Order of Community Development Board denying Variance
Dear Ms. Wilkins:
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. Feel free to call me at 247 -5817 if you have any questions. You may dispose of the
orange zoning notice sign placed on your property.
Sincerely,
Son "a B. `oerr, AICP
Community Development Director
Enclosures
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
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -544
Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http : / /www /ci.atlantic- beach.fl.us
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
APPLICANT: Debra G. Wilkins
1395 Main Street
Atlantic Beach, Florida 32223
FILE NUMBER: ZVAR- 2003 -05
DATE OF HEARING: June 17, 2003
ORDER DENYING VARIANCE
The above referenced Applicant requested a Variance from Section 24 -106 (e) (2) to reduce the
required twenty (20) foot rear yard to fifteen (15) feet to allow a screened enclosure with a solid roof
to be constructed over an existing concrete patio, for property within the RG -1A Zoning District and
located at 1395 Main Street.
On June 17, 2003, 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
and statements made by the Applicant, the Community Development Board found that the request
does not complies with Section 24 -49 and Section 24 -64 the City of Atlantic Beach Zoning and
Subdivision Regulations, finding as follows:
1. There are no special conditions or circumstances which are peculiar to the Land, Structure or
Building involved that are not applicable to other Lands, Structures or Buildings in the same
Zoning District.
2. The special conditions and circumstances are the result from the actions of the Applicant.
Page two
Order ZVAR- 2003 -05
June 18, 2003
3. The Variance requested is not the minimum Variance that will make possible the reasonable Use
of the Land, Building or Structure.
4. The granting of the Variance will not be in harmony with the general intent and purpose of this
Chapter, and the Variance will be injurious to the area involved or otherwise detrimental to the
public welfare.
NOW THEREFORE, based on the said findings, the Community Development Board hereby
DENIES this request for a Variance from Section 24 -106 (e) (2) to reduce the required twenty
(20) foot rear yard to fifteen (15) feet to allow a screened enclosure with a solid roof to be
constructed over an existing concrete patio, for property within the RG -1A Zoning District and
located at 1395 Main Street.
DATED THIS 1 DAY OF C , 2003.
Don Wolfson, 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
Communit, Development Board minutes.
Community D elopment Director
U.S. Postal Service
CERTIFIED MAIL. RECEIPT
(Dome Irk `On insurance Coverage Provided)
filf'or del ve mfoe A atton ii a .L O a
Postage
Certified Fee
Return Reciept Fee
(Endorsement Required)
Restricted Delivery Fee
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Total Postage & Fees
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Debra G. Wilkins
1395 Main Street
Atlantic Beach, Florida 32233
Re: June meeting of the City of Atlantic Beach Community Development Board
Dear Ms. Wilkins°
Your application was deferred until the June meeting since there was no one present at last
evening's meeting to represent the application. Please be advised that your application for a
Variance will be considered by the Community Development Board at their meeting on
Tuesday, June 17, 2003 at 7:00 pm. The meeting will be held in the Commission Chambers
located at City Hall at 800 Seminole Road.
You should be aware that failure to be present at this meeting to represent your application may
result in the denial of your application. Please call me at 247 -5817 to confirm your plans to
attend the meeting. (You may leave a voice mail message if you do not reach me.)
Since ely,
Sonya B. oerr, AICP
Community Development Dil
SENDER: COMPLETE THIS SECTION
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item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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32,133
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
COMPLETE THIS SECTION ON DELIVERY
A.
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• �.�d -- e' �'pu� 7 Addressee
B. Received by ( Printed Name)
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If YES, enter deliver ddress below: ❑ No
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102595 -02 -M -103;
May 05, 2003
Debra G. Wilkins
1395 Main Street
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: May meeting of the City of Atlantic Beach Community Development Board
Dear Ms. Wilkins:
Please be advised that your application for a Variance will be considered by the Community
Development Board at their meeting on Tuesday, May 20, 2003 at 7:00 pm. The meeting will
be held in the Commission Chambers located at City Hall.
You should be aware that failure to be present at this meeting to represent your application may
result in the denial or delay of action on your application. Please call me at 247 -5817 to confirm
your plans to attend the meeting. (You may leave a voice mail message if you do not reach me.)
Sincerely,
Sonya B. Doerr, AICP
Community Development Director
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, April 22, 2003 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole R
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of March 18, 2003.
3. Recognition of Visitors.
4. Old Business. None.
5. New Business.
a. ZVAR- 2003 -04, George Bull, Jr. on behalf of William and Sarah Scott.
Request for a Variance from Section 24 -105 (e) (1) and (3) to reduce the
required twenty (20) foot yard on the Beach Avenue side of an oceanfront lot to
thirteen (13) feet and also to reduce the required ten (10) foot side yard on the
north side of the lot to 4.86 feet to allow a proposed two -story addition to an
existing nonconforming structure, for property within the RS -2 Zoning District
and located at 1987 Beach Avenue.
b. ZVAR- 2003 -05, Debra G. Wilkins. Request for a Variance from Section 24-
106 (e) (2) to reduce the required twenty (20) foot rear yard to fifteen (15) feet
to allow a screened enclosure with a solid roof to be constructed over an
existing concrete patio, for property within the RG -1A Zoning District and
located at 1395 Main Street.
6. Other business not requiring action.
a. Discussion of term limits for members of all appointed City Boards and
Committees pursuant to request of the City Commission.
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 Planning and Zoning
Department located at 800 Seminole Road, Atlantic Beach, Florida. 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, m ay n eed t o ensure t hat a verbatim record of t he
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 STAFF REPORT
April 22, 2003 Public Hearing
ZVAR- 2003 -05, Debra Wilkins
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: April 08, 2003
Subject: ZVAR- 2003 -05
Applicant: Debra G Wilkins
1395 Main Street
Atlantic Beach, Florida 32223
Requested Change:
Request for a Variance from Section 24 -106 (e) (2) to reduce the required
twenty (20) foot rear yard to fifteen (15) feet to allow a screened
enclosure with a solid roof to be constructed over an existing concrete
patio.
Location: 1395 Main Street
Existing Zoning: RG -1A
Future Land Use: Residential, Medium Density
Surrounding Zoning: RG -1A
Surrounding Land Use: Two - family and single- family residential
AGENDA ITEM 5.b
STAFF COMMENTS AND RECOMMENDATION
The Applicant has requested a five -foot reduction in the required twenty -foot rear yard to allow for
the construction of a 16 -foot by 19 -foot screened porch with a solid roof over an existing concrete
patio. The proposed screened porch would maintain a fifteen -foot setback from the rear property
line. The Applicant has provided that the reason for the request is to provide shelter from the sun and
protection from mosquitoes.
The Applicant should further demonstrate the nature of the hardship associated with this request.
While each application for a Variance should be evaluated on the circumstances unique to that
application, the Community Development Board granted a Variance for similar reasons for property
located at 1913 Selva Marina Drive. That Variance (ZVAR- 2002 -16, Litton), which allowed a
screened enclosure with a solid roof to encroach into the required rear yard, was granted subject to a
condition that the screened porch would not later be converted to heated and cooled space. If the
Community Development Board acts to approve this request, Staff recommends that a similar
condition be attached to this Variance.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance from
Section 24 -106 (e) (2) to reduce the required twenty (20) foot rear yard to fifteen (15) feet to
allow a screened enclosure with a solid roof to be constructed over an existing concrete patio,
subject to:
• the addition shall be maintained as a screened room, and shall not later be converted to
heated and cooled living space, and further provided:
(Provide findings of fact similar to the following.)
1. Special conditions and circumstances exist which are peculiar to the Land, Structure or
Building involved and which are not applicable to other Lands, Structures or Buildings in the
same Zoning District;
2. The special conditions and circumstances do not result from the actions of the Applicant;
3. The Variance granted is the minimum Variance that will make possible the reasonable Use of
the Land, Building or Structure;
4. The granting of the Variance will be in harmony with the general intent and purpose of this
Chapter and the Variance will not be injurious to the area involved or detrimental to the
public welfare.
2
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance from Section
24 -106 (e) (2) to reduce the required twenty (20) foot rear yard to fifteen (15) feet to allow a
screened enclosure with a solid roof to be constructed over an existing concrete patio,
provided:
(Provide findings of fact similar to the following.)
1. There are no special conditions or circumstances which are peculiar to the Land, Structure or
Building involved that are not applicable to other Lands, Structures or Buildings in the same
Zoning District.
2. The special conditions and circumstances are the result from the actions of the Applicant.
3. The Variance requested is not the minimum Variance that will make possible the reasonable
Use of the Land, Building or Structure.
4. The granting of the Variance will not be in harmony with the general intent and purpose of
this Chapter, and the Variance will be injurious to the area involved or otherwise detrimental
to the public welfare.
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April 03, 2003
Debra G. Wilkins
1395 Main Street
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: April meeting of the City of Atlantic Beach Community Development Board
Dear Ms. Wilkins:
Please b e advised t hat your application for a V ariance will b e c onsidered b y the C ommunity
Development Board at their meeting on Tuesday, April 22, 2003 at 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 delay of action on your application. Please call me at 247 -5817 to confirm your
plans to attend the meeting. (You may leave a voice mail message if you do not reach me.)
Sincerely,
Sonya B Doerr, AICP
Community Development Director
Date
1. Applicant's Name ry� / _ L /
2. Applicant's Address ��� � .5 Y � l � r n � r _ e+ » ff /T �C 66A, �` n oZ �
3. Property Location /3 ' 7c / ii -�-tTe ' T I a r7 �ir � i 1 � /-t 3.3
4. Property Appraiser's Real Estate Number ice,
5. Current Zoning Classification Re4j‘ rte r\-41 c ... 6. Comprehensive Plan Future Land Use designation
7. Provision from which Variance is requested in .h e �bke. •-n .Gr -een) 'IA por`'Ci\ kAi i4-1
i
5� 4 e - • M ui "}�5
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9. Size of Parcel 501,0`14.,7, X 1 $0 t b r ils \ 10. Utility Provider 3
8. Statement of facts related to requested Variance, which demonstrates compliance with Section 24 -64, Zoning and
Subdivision and Land Development Regulations (attached to this application). Attach as Exhibit A. Statement 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. (Attach as Exhibit B.)
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:
�r l�1 i YES
Printed or typed name(s):
Signature(s):
APPLICATION FOR ZONING VARI • N c IN i u --
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City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Flor da 32233 Pl' C' Z fIpN
Phone: (904) 247 -5800 • FAX (904) 247 -5805 • http: / /www /ci.atla tic- beach��y 8 2. 0
File No. � 3 'c
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
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MAP SHOWING BOUNDARY SURVEY OF LOT 2, .BLOCK 227,
AS SHOWN ON MAP l.
. OF SECTION H ATLANTIC BEACH
AS RECORDED IN PLAT BOOK 18, PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
FOR: BESTCON. INC.
BEARING REFERENCE: NO1'22'00"W FOR THE EASTERLY R/W LINE FOR MAIN STREET.
ELEVATION SHOWN THUS: (10.45) REFERS TO NATIONAL GEODETIC VERTICAL DATUM.
CERTIFIED TO
DEBRA WILKINS
WATSON MORTGAGE CORPORATION
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
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REVISED 10-12-2001 TO SHOW 3" THROUGH 5" HARDWOOD TREES NOTE: FOUND ALL IRONS
LOCATED. ALL 6" OR LARGER HARDWOOD TREES: 4 -4 -2001 . NOTE: FOUND ALL IRONS
HEREBY CERTIFY ' THAT THIS SURVEY, PERFORMED UNDER MY RESPONSIBLE DIRECTION MEETS THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYORS IN ACCORDANCE WITH CHAPTER 61017 -6, FLORIDA
ADMINISTRATIVE CODE (PURSUANT TO SECTION 472.027, FLORIDA STATUTES), AND FURTHER CERTIFY THAT
THERE ARE NO VISIBLE ENCROACHMENTS UPON 1HE SUBJECT PROPERTY EXCEPT AS SHOWN.
NOTE: THE LOT SURVEYED HEREON APPEARS TO LIE WITHIN FLOOD
LEGEND!
• FOUND CONCRETE MONUMENT
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