380 10th Street ZVAR-2003-07 (Rogers)June 03, 2003
David and Suzi Rogers
3359 Pintail Drive, North
Jacksonville Beach, Florida 32250
Re: Order of Community Development Board approving Variance
Dear Mr. and Mrs. Rogers:
Enclosed herewith is an original signed order and a copy of the order from the Community
Development Board approving a portion of your variance request. Please maintain a copy of this
order for your records, and be sure to submit a copy of this order with any future application for
a building permit. 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,
Sonya B. Doerr, AICP
Community Development Director
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
APPLICANT:
FILE NUMBER: ZVAR 2003 -07
DATE OF HEARING: May 20, 2003
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
David and Suzi Rogers
3359 Pintail Drive, North
Jacksonville Beach, Florida 32250
ORDER APPROVING VARIANCE
The above referenced Applicant requested a Variance from Section 24 -104 (e) (2) and (3) to reduce
the required twenty (20) foot rear yard to ten (10) feet to allow for the construction of a detached
garage and to reduce the required side yard from seven and one -half (7.5) feet on each side to a
combined fifteen (15) feet with not less than five (5) feet on either side, for property within the RS -1
Zoning District and located as 380 10th Street
On May 20, 2003, said request was considered at public hearing by the Community Development
Board for the City of Atlantic Beach. Having considered the application, supporting documents and
an amendment to the application as offered by the Applicant, the Community Development Board
found that the amended request complies with Section 24 -49 and Section 24 -64 the City of Atlantic
Beach Zoning and Subdivision Regulations, finding as follows:
(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;
Page two
Order ZVAR- 2003 -07
May 21, 2003
(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.
NOW THEREFORE, based on said findings, the Community Development Board hereby
APPROVES this amended request for a Variance from Section 24 -104 (e) (3) to reduce the
required seven and one -half (7.5) foot side yard to a combined fifteen (15) feet, with not less
than five (5) feet on either side, subject to the following conditions:
• This Variance to allow the proposed construction shall be granted to
this Applicant only, and in the case that construction does not
commence within 365 days, the Variance shall be null and void.
DATED THIS' ` DAY OF ° , 2003.
r
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
Community Development Board minutes.
Community Development Director
To:
From:
Date:
Subj ect:
Applicant:
Requested Change:
COMMUNITY DEVELOPMENT STAFF REPORT
May 20, 2003 Public Hearing
File Number: ZVAR- 2003 -07, David and Suzi Rogers
Community Development Board
David and Suzi Rogers
3359 Pintail Drive, North
Jacksonville Beach, Florida 32250
Location: 380 10th Street
Existing Zoning: RS -1
Future Land Use: Residential, Low Density
Surrounding Zoning: RS -1 and RS -2
Surrounding Land Use: Single - family residential
AGENDA ITEM 5.b
Planning, Zoning and Community Development Department
City of Atlantic Beach
May 08, 2003
ZVAR- 2003 -07
Request for a Variance from Section 24 -104 (e) (2) and (3) to
reduce the required twenty (20) foot rear yard to ten (10) feet to
allow for the construction of a detached garage and to reduce the
required side yard from seven and one -half (7.5) feet on each side
to a combined fifteen (15) feet with not less than five (5) feet on
either side, for property within the RS -1 Zoning District.
STAFF COMMENTS AND RECOMMENDATION
The Applicant has requested a reduction in the required 20 -foot rear yard to 10 -feet to allow for the
construction of a detached garage in conjunction with construction of a new single - family residence.
The application also includes a request to provide the combined 15 -foot setback (as for the RS -2
district) rather than the 7.5 -foot setback of the RS -1 district in order to construct a driveway to
access the proposed garage. The subject lot is a Lot of Record 50 -feet in width and 130 -feet in
depth. Staff cannot find that there are any exceptional conditions or unusual circumstances related to
this property as described within the following definition of a Variance as set forth within Section 24-
17, or that the request is consistent with Section 24 -64 of the Land Development Regulations.
Variance, Zoning. A Zoning Variance shall mean a relaxation in the terms of this
Chapter where such Variance shall not be contrary to the public interest, and where
because of exceptional narrowness, shallowness, irregular shape of a specific piece
of property, or because of exceptional topographic conditions, or other unusual
circumstances particular to a specific property, the literal enforcement of certain
requirements of this Chapter would result in an undue Hardship to carry out the
purpose and intent of this Chapter, or would be contrary to the purpose and intent of
this Chapter. A Zoning Variance shall not reduce Minimum Lot Area, Lot Width or
Maximum Building Height as established for the various Zoning Districts, and a
Zoning Variance shall not be used to modify the Use terms of property. A Zoning
Variance shall be approved only in accordance with the provisions as set forth in
Section 24 -64 of this Chapter
The Applicant should demonstrate the nature of the hardship as required by Section 24 -64 of the
Land Development Regulations.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance from Section
24 -104 (e) (2) and (3) to reduce the required twenty (20) foot rear yard to ten (10) feet
to allow for the construction of a detached garage and to reduce the required side yard
from seven and one -half (7.5) feet on each side to a combined fifteen (15) feet with not
less than five (5) feet on either side, for property within the RS -1 Zoning District and
located at 380 10th Street, 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
2
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.
SUGGESTED ACTION TO RECOMMEND APPROVAL b:
The Community Development Board may consider a motion to approve a Variance from
Section 24 -104 (e) (2) and (3) _ ,, ,_ c ;_ _ .. ten
( 0 n of a detached garage and to reduce the required
side yard from seven and one -half (7.5) feet on each side to a combined fifteen (15) feet
with not less than five (5) feet on either side, for property within the RS -1 Zoning
District and located at 380 10th Street, provided:
(Provide findings of fact similar to the following.)
c)4)
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.
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May 05, 2003
David P. and Suzi A. Rogers
3359 Pintail Drive, North
Jacksonville, Florida 32250
Re: May meeting of the City of Atlantic Beach Community Development Board
Dear Mr. and Mrs. Rogers:
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. Derr, AICP
Community Development Director
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
RECEIVED
CITY CF ATLANTIC BEACH
BUILDING & ZONING
Date -
APR 2 8 2003
APP
City of Atlan
BY Phone: (904)
'. —
- o
1. Applicant's Name J/ s uz- i A ' \ ,3 `-
2. Applicant's Address 3 - 3 51 P� 1 N�� . t 9 Y �: � t ettK.-Sn Lk Js U . L 3 22S
v
3. Property Locatig 4 8O O S e,ft A t - e gzu-��■ t jot. I o'l -_ See. k- )
4. Property Appraiser's Real Estate Number
5. Current Zoning Classification R S 6. Comprehensive Plan Future Land Use designation
7. Provision from which Variance is requested 50,_410 2+ -- 0 O 4- G 7 —
,ICATION FOR ZONING VARIANCE
is Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-
147 -5800 • FAX (904) 247 -5805 • http: / /www /ci.atlantic -beac
PAID
114uAPR 2 9 2003
CK#
File No.
E A .F- C :-i
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.
9. Size of Parcel bJ 'L. \ 3 0 10. Utility Provider
Mt-
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:
Printed or typed name(s): f rx s{
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO REC FIVE ALL CORRE PONDENCE
REGARDING THIS APPLICATION
Name:
Phone:
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FL
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Mailing Address:
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E -mail:
RE #
Name
Address
Total
Value
Acres
Plat
Book
Map
Panel
Legal Descriptions
Flood
Zone
LandUse
Zoning
170055 0000
,GERVAIS
DENNIS
10TH ST
32233
98000
0.15
0012
558 4
5 -69 16 -2S-
29E .150
ATLANTIC BEACH
LOT 37 BLK 12
NO
Map Output Page 1 of 1
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http://maps.coj.net/website/DuvalMaps/toolbar.asp 4/28/2003
LOT 37
M. SHOWING SURVEY C.
BLOCK 12 , sup.c.wrs%ou "v• k 13.E AC k-k
AS RECORDED IN PLAT BOOK 5 PAGE (A OF THE CURRENT PUBLIC RECORDS OF tz,usi
COUNTY, FLORIDA
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MarvinR Banks
Surveyors nc.
2866 MANGROVE AVE.
JACKSONVILLE, FLORIDA 32246
(904) 641-2520
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NOTES:
1. This is a boundary survey,
2. Flood zone x as best ascertained from Flood Insurance
Rate Map, community panel no.nocels•000i dated A .rt-
3. This survey is not a determination of ownership
4. Business license #6470
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NOTE:
THERE MAY BE ADDITIONAL RESTRICTIONS THAT APPLY
THAT ARE NOT SHOWN ON THIS SURVEY BUT MAY BE FOUND
IN THE PUBLIC RECORDS OR FACILITIES OF THIS COUNTY.
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1 HEREBY CERTIFY TO: DA../%0 p. somt A.
0 7 1.71 - SA1.0 pout • 114C. • LA,,mmuc*. a
-11C— , ESW1RE.
THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS
SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT
TO SECTION 472.027 FLORIDA STATUTES AND CHAPTER 61G17-6
FLORIDA ADMINISTRATION CODE.
FLORIDA REGISTERED SURVEYOR NO. 4470
Marvin R. Banks
DATE OCTOILEW. 19 1 a
SCALE: 7s:>.
THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED
DRAWING NUMBER
1
OF ONE
LOT COVERAGE
HOUSE 2096
PORCHES 478
DETACHED GARAGE 478
IMPERVIOUS PAVING 52
pervious pavers (not counted) —1064
TOTAL IMPERVIOUS 3104
LOT 6500
IMPERVIOUS / LOT 48%
SITE PLAN
3/32" — 1' -0"
REVISED:
50'
DETACHED
GARAGE
PROPOSED 2 STORY
HOUSE
FRONT PORCH
ERVIOUS,
(PAVER PARKING:
BACK
PORCH
PERVIOUS
PAVER
WALK
20' R.B.R.L.
CONCRETE
APRON
ow, 04/14/2003
REVISED:
1 0 t h S T R E E T
tL
r
T H E R ❑ G E R S R E S I D E N C E
LOT 37, BLOCK 12, SUBDIVISION "A"
ATLANTIC BEACH, FLORIDA
DRAWN BY:
PHONE NUMBER:
JIM GILLIAM
904 249 0072
City of Atlantic Beach
*** CU5TONER RECEIPT ***
Op4r DSMITH Type: OC Drawer: 1
mate: 4/29/03 01 Receipt no: 54442
De ni'tion 1,,,014 Qty
BP BUILDING PERMITS 1
Tender detail
CK CHECKS
Total tendered
Total payment
Trans date: 4/29/03 Time: 10:39:39
Amount
$150.
5597 $150.00
5150.00