2348 Oceanwalk Drive ZVAR-2003-18 (Bahr)City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -544
Phone: (904) 247 -5800 FAX (904) 247 -5805 • http : / /www /ei.atlantic- beach.fl.us
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
APPLICANT: Jerry R. Bahr
2348 Oceanwalk Drive, West
Atlantic Beach, Florida 32223
FILE NUMBER: ZVAR- 2003 -18
DATE OF HEARING: January 20, 2004
ORDER APPROVING VARIANCE
The above referenced Applicant requested a Variance from Section 24 -104 (e) (2) to reduce the
required twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to allow for the
construction of an addition to an existing single - family residence within the RS -1 Zoning District
and located at 2348 Oceanwalk Drive, West.
On January 20, 2004, 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,
the Community Development Board found that the request complies with Section 24 -49 and Section
24 -64 the City of Atlantic Beach Zoning and Subdivision Regulations, finding as follows:
1. There are 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 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 otherwise detrimental to
the public welfare.
Page two
Order ZVAR- 2003 -18
January 21, 2004
NOW THEREFORE, based on the said findings, the Community Development Board hereby
APPROVES this request for a Variance from Section 24 -104 (e) (2) to reduce the required
twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to allow for the construction of
an addition, as depicted upon the site plan submitted with the application (File Number
ZVAR- 2003 -18), to an existing single - family residence within the RS -1 Zoning District and
located at 2348 Oceanwalk Drive, West.
DATED THIS a 2 DAY OF PVVL" 2004.
Robert Frohwein, Acting 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 D elopment Director
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, January 20, 2004 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
4. Approval of Minutes of the meeting of December 16, 2003.
5. Recognition of Visitors.
4. Old Business.
a. ZVAR- 2003 -18, Jerry R. Bahr. Request for a Variance from Section 24 -104 (e) (2) to
reduce the required twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to
allow for the construction of an addition to an existing single - family residence within the
RS -1 Zoning District, and located at 2348 Oceanwalk Drive, West.
5. New Business. None.
6. Other Business.
a. Review and consider Evaluation and Appraisal Report (EAR) based amendments to the
adopted Comprehensive Plan.
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, 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.
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
January 14, 2004
Jerry R. Bahr
2348 Oceanwalk Drive, West
Atlantic Beach, Florida 32223
Re: January meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Bahr:
Please be advised that your application for a Variance will again be considered by the
Community Development Board at their meeting on Tuesday, January 20, 2004 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. Enclosed is an agenda for the meeting.
Sincerely,
Sonya B. Doerr, 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
December 26, 2003
Jerry R. Bahr
2348 Oceanwalk Drive, West
Atlantic Beach, Florida 32223
Re: January meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Bahr:
Please be advised that your application for a Variance will again be considered by the
Community Development Board at their meeting on Tuesday, January 20, 2004 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
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AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, December 16, 2003 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of November 18, 2003.
3. Recognition of Visitors.
4. Old Business.
a. None.
5. New Business.
a. ZVAR- 2003 -18, Jerry R. Bahr. Request for a Variance from Section 24 -104 (e) (2) to
reduce the required twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to
allow for the construction of an addition to an existing single- family residence within the
RS -1 Zoning District, and located at 2348 Oceanwalk Drive, West.
b. ZVAR- 2003 -19, Leroy K. Fouts. Request for a Variance from Section 24 -104 (e) (3) to
allow external stairs to encroach a maximum of thirty (30) inches into the required seven
and one -half (7.5) foot side yard for property within RS -1 Zoning District and located at
2020 Duna Vista Court.
6. Other Business not requiring action.
a. Review and discussion of draft Evaluation and Appraisal Report (EAR) based
amendments to the adopted Comprehensive Plan.
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, 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.
AGENDA ITEM 5.a
s.
COMMUNITY DEVELOPMENT STAFF REPORT
December 16, 2003 Public Hearing
ZVAR- 2003 -18, Jerry R. Bahr
To:
From:
Date:
Subject:
Community Development Board
Planning, Zoning and Community Development Department
City of Atlantic Beach
December 04, 2003
ZVAR- 2003 -18
Applicant: Jerry R. Bahr
2348 Oceanwalk Drive, West
Atlantic Beach, Florida 32223
Requested Change: Request for a Variance from Section 24 -104 (e) (2) to reduce the required
twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to allow for
the construction of an addition to an existing single - family residence within
the RS -1 Zoning District.
Location:
Existing Zoning:
Future Land Use:
Surrounding Zoning:
2348 Oceanwalk Drive, West
RS -1
Residential, Low Density
RS -1
Surrounding Land Use: Single- family residential
STAFF COMMENTS
The Applicant has requested a reduction in the required 20 -foot rear yard to allow for the construction of
a room addition to the rear of the existing single - family residence. The requested variance and the
proposed room addition would reduce the rear yard to approximately 16 feet -6 inches at the northwest
corner of the house (as depicted by the shaded area on the attached site plan.) While the subject lot is a
large lot, it is corner lot and it is not a rectangular lot. Further, the existing house is not squared on the
lot, and it exceeds required setbacks on other sides of the lot. Staff does not object to approval of the
request, subject to the Community Development Board finding that the request is consistent with Section
24 -64 related to Zoning Variances.
dA
UGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance from Section
24 -104 (e) (2) to reduce the required twenty (20) foot rear yard to sixteen (16) feet and six (6)
inches to allow for the construction of an addition to an existing single - family residence within the
RS -1 Zoning District and located as 2348 Oceanwalk Drive, West, provided:
t'
(Provide findings offact 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;
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.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance from Section 24-
104 (e) (2) to reduce the required twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to
allow for the construction of an addition to an existing single - family residence within the RS -1
Zoning District and located as 2348 Oceanwalk Drive, West, 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
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.
HAPlanning \Variance Files\ZVAR- 2003 -18 (Bahr) \Staff Report.Doc
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
November 24, 2003
Jerry R. Bahr
2348 Oceanwalk Drive, West
Atlantic Beach, Florida 32223
I'
Re: December meeting of the City of Atlantic Beach Community Development Board
Dear Mr. Bahr:
Please be advised that your application fora Variance will be considered by the Community
Development Board at their meeting on Tuesday, December 16, 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,
Q 64 �
So� ya .Doerr, AICP
Community Development Director
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APPLICATION FOR A ZONING VARIA
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233 -5445
Phone: (904) 247 -5800 FAX (904) 247 -5805 • http : / /www /ci.atlantic- beach.fl.us
Date 1rU o jl 03 2 c o -'- File No. 03 - 1
1. Applicant's Name . j -er^ X - t5 a4 i
2. Applicant's Address Z3 2ct'r1i�tUrz�,�
3. Property Location - Iwr
4. Property Appraiser's Real Estate Humber N�A
5. Current Zoning Classificatio f 6. Comprehensive Plan Future Land Use designation
7. Provision l from L which Variance is requested occl / Z ix /5C �x
2 Jcr4� 1 �4 0 el - t y ps 4 �6 �o w o oa,7�e� � 7 X1 4(.,l P.vo 2 p7 � n /�pu .S
9. Size of Parcel S "x lo cl x / z / X $S 10. ity Provider IUalPi. 6 , a 7 Ai
8. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24 -64 of
the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Attach as
Exhibit A. Statement and site plan 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:
Printed or typed name(s): y /?- 3 , /, e- I P•
s ,
Signature(s):
ADDRESS AND6 INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name:
Mailing Address:
Phone:
FAX:
E -m
Jerry R. Bahr
2348 Oceanwalk Dr. West
Atlantic Beach, FL 32233
Home 904 - 249 -1250
November 19, 2003
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, FL 32233
Subject: Variance Request — set back
I am requesting a variance to the set back from my rear lot line of 14'6" rather than the
current 20' normally required. I am asking for this variance to accommodate the
construction of a 12' x 14'8" room addition I am planning to build. The dimension of
14'6" would be to the eave and 16'6" to the wall of the room My contractor is Hebert
Construction and he is currently applying for the permit to build.
I am on a corner lot that does not lend itself to the depth of lots that most interior lots do.
More importantly in 1987/1988 during the build and construction phase of our home, I
positioned the house significantly rearward, changed the design, turn it completely over
on the lot, all of this to accommodate saving a number of trees and 1 very large oak of
over 60" in diameter. I did this to maintain the desires of the community of saving trees
and creating an appealing front curb appearance. Now after almost 16 years we wish to
do some remodeling and realize we have created a hardship for ourselves of having a
very small back yard area. My back door neighbor Ray and . Mimi Coleman have no
objection to the room addition or its position on the lot including the variance.
We ask your consideration to grant us this set back variance and to grant the application
for permit to be approved to Hebert Construction.
Thank you for your consideration.
Sincerely,
r
'�' Jerry R. Bahr
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November 23, 2003
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, FL 32233
John & Marsha Wolfel
`435 Inland Way
Atlantic Beach, FL 32233
Subject: Variance Request — set back for
Jerry R. and Noel P. Bahr
2348 Oceanwalk Dr. West
Atlantic Beach, FL 32233
To whom it may concern,
I am a neighbor of Jerry and Noel Bahr. I am aware of the remodeling the Bahrs are
planning for their home in our neighborhood. Also, they have informed us of the minor
set back variance applied for and requested in the letter of 11 -19 -03 to Atlantic Beach.
I have no problem with the dimensions requested for the set back variance for the Bahrs
house. It will not create any physical or visual issue of appearance contrary to the
neighborhood.
Stanley & Donna Tillman
427 Inland Way
Atlantic Beach, FL 32233
Ray & Mimi Coleman
438 Inland Way
Atlantic Beach, FL 32233
A
fil
28 October 2003
Mr. and Mrs. Jerry R. Bahr
2348 Oceanwalk Drive West
Atlantic Beach, Florida 32233
Dear Mr. and Mrs. Bahr:
At the regular meeting of the Architectural Review Committee held
today, pursuant to the Covenants and Restrictions governing Oceanwalk and with
a quorum present, your request to add a pool and screened enclosureto your rear yard,
remove trees, and add two room additions as per your letter of 23 October has been
APPROVED provided that the following conditions are met:
1. The hardwood tree closest to the north room addition and the three trees
in the footprint of the pool are the only trees approved for removal.
2. The west and east setbacks must be maintained at the minimum of 7.5 feet
from the lot line.
3. We asked in our October 1S letter for a landscape plan for the improved
areas. No plan for landscape came with your proposal. Will you please send
a signed copy of the sample letter, enclosed, or submit one of your own to
us by return mail. This will avoid further delay. You will still need to
submit a landscape proposal for approval.
Approval for any and all aspects of this project shall not be granted without compliance
with all of the conditions stated above.
With kind regards,
Suzanne Shaughnessy
for The Members of the
Architectural Review Committee
cc: file, Unit 4 - Lot 24
Suzanne Miles, ARC Liaison to the Board, via fax 247 -0830
Karen Floyd, Marvin Management via fax 249 -8598
ceai
walk Association, Inc.
P.O. Box 331188. Atlantic Beach, FL 32233-1188