Loading...
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 (Endorsement Required) Total Postage & Fees Postmark Here IftglOWIMMlitUilM00.115 �See;Re ersefo �tr�stru�ctignsr Sent To Street, Apt. No.; or PO Box No. City, State, ZIP +4 JYct C,1A . c c-h 3z 3 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 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse 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: ass....w +i a.ev P LLS1 I c Hat-v\ i)± ct 6cLch , FL, 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. O ,�/ ❑ Agent • �.�d -- e' �'pu� 7 Addressee B. Received by ( Printed Name) D. Is delivery address different from item 1? ❑ Yes If YES, enter deliver ddress below: ❑ No 3. Service trCertifi ❑ Registers ❑ Insured Mail C. gate of Delivery Mail e rn Receipt f Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ( ❑ Yes 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. 0 a = o O U. N f) (a = m O O. m h a, (.3 a) E 0 Z N 0) U z LL > _J CO W 7 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 s , Afl 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 -- ( '� F \ICCH ' 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 Name: e-k (-0. ( rte —�J _// - 0 Fi-A Mailing Address: � �J �...s � �, f /� 54-re ! ' -► i at7T C , Phone:' 0 4 d-. (O ✓ aFAX: / rl- E -mail: f■I j a BY' ...� -- `°� 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 DEBORAH W. TAYLOR, P.A. J 70.00' FINAL SURVEY: 3 -21 -2002 FOUNDATION SURVEY: 1 -8 -2002 B L 0 T 1 B 0 O CV 0 0 11.0' 11.0' ZONES AS SCALED FROM THE FLOOD INSURANCE RATE MAPS, COMMUNITY PANEL N0. 120075 - 00010 DATED 4- 17 -89. C K L 0 T 2 S01 " E 50.00' L 0. T h 3.5 5 X n 8 • Po0CRETE rc 5. (7/ 2,0 12.0' 26.5' 16.5 N01 "22'00"1;i/ MAIN STREET (50' RIGHT OF WAY) PLASTIC A/C PAD 5.0' 7.5' 7.5' 2 2 8 (LB 4471) L 0 CLARSON AND ASSOCIATES, .INC. 1543 NALCO AVE., JACKSONVILLE, F..,.32207 2 2 7 — 011- 011 - —DH 5 V .1J V `' - � -014 p14 -- OH POLE 3 NOTE: FOUND ALL IRONS NOTE: FOUND ALL. IRONS 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 • " 1/2' FOUND IRON O 1/2' SET IRON - LB 1704 B.R.L BUILDING RESTRICTION LINE L1 CENTRAL ANGLE R RADIUS L ARC LENGTH 04 CHORD P.C. POINT OF CURVATURE PP.t POINT OF TANGENCY - - aA� % 2 � °1T. A -M O