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417 Ocean Boulevard ZVAR-2003-12 (Durante)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 September 26, 2003 Peter Coalson on behalf of Peter G. Durante 524 First Street, North Jacksonville Beach, Florida 32250 Re: Order of Community Development Board denying Variance Dear Mr. Coalson: Enclosed herewith is an original signed order and a copy of the order from the Community Development Board denying the Durante's Variance request. Please advise the property owner's to maintain a copy of this order for their 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 -5817 if you have any questions. You may dispose of the orange zoning notice sign placed on your property. Sincerely, 4ZO' bU�w`fJt,. Sonya B. oerr, AICP Community Development Director Enclosures 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 of the Community Development Board for the City of Atlantic Beach, Florida APPLICANT. Peter Coalson on behalf of Peter G. and Debbie Durante 524 First Street, North Jacksonville Beach, Florida 32250 FILE NUMBER: ZVAR- 2003 -12 DATE OF HEARING: August 19, 2003 ORDER DENYING VARIANCE The above referenced Applicant requested a Variance from Section 24 -105 (e) (1) to reduce the required 20 -foot front yard to allow an exterior spiral staircase and an open balcony to encroach into the front yard within the RS -2 Zoning District for property located at 417 Ocean Boulevard. On August 19, 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, the Community Development Board found that the request did not comply with Section 24 -49 or Section 24 -64 the City of Atlantic Beach Zoning and Subdivision Regulations, finding as follows: (1) There are no 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 result from the actions of the Applicant; Page two Order ZVAR- 2003 -12 August 22, 2003 (3) The Variance granted 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 may be injurious to the area involved or 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 -105 (e) (1) to reduce the required 20 -foot front yard to allow an exterior spiral staircase and an open balcony to encroach into the front yard within the RS -2 Zoning District for property located at 417 Ocean Boulevard. DATED THIS �2 DAY OF c ` ' , 2003. C Don Wolfson, Chairman Community Development Boar 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. Communit evelopment Director 08/18/2003 23:02 9042499191 COALSON CONTRACTORS PAGE 01 °COALSON CONTRACTORS, INC. PIESi©ENTIAL DESIGNERS W WINE HOME BUILD1ERS Date: f 813 To: /J l ot f rt Job: &if lLa ATTENTION: 1 q1 & q Z O Fax From: Number of pages including cover: C/) OUR FAX NUMBER IS (904) 249 -9191 $24 NQrr -h First 9,rCrC • Jacksonville Bcoch. rL 322E50 • (904) 249 - -3d7o FaX (god) 249-9191 Remarks; � I AGENDA revised COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, August 19, 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 meetings of July 15, 2003. 3. Recognition of Visitors. 4. Old Business. t a. ZVAR- 2003 -12, Peter G Durante. Amended request for a Variance from Section 24- 105 (e) (1) to reduce the required 20 -foot front yard to allow an exterior spiral staircase and an open balcony to encroach into the front yard for property within the RS -2 Zoning District and located at 417 Ocean Boulevard. (This item is continued from the June and July meetings.) b. ZVAR- 2003 -13, Kelly Manuel and Ron Mackoul. Request for a Variance from Section 24 -105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet to allow for the construction of a detached one -car garage for property within the RS -2 Zoning District and located at 312 East Coast Drive. Applicants have asked to defer this request until the September meeting pending proposed revisions to Chapter 24, which may impact their request. 5. New Business. a. ZVAR- 2003 -14, Gregory and Susan Kelly. Request for a Variance from Section 24 -106 (e) (2) to allow a proposed addition to the rear of a single - family residence to encroach into the required twenty (20) foot rear yard by a distance of 3 -feet, seven - inches on the south side and 5 -feet, 8- inches on the north side for property within the RG -1 Zoning District and located at 1733 Ocean Grove Drive. b. UBE- 2003 -03, and ZVAR- 2003 -15, Michael Dunlap on behalf of Chris Hionides. Amended request for a Use -by- Exception per Section 24 -161 (i) to reduce the required number of parking spaces from 28 to 13, and also for a Variance to reduce the required side yard setback on a corner lot from 15 -feet to 11 -feet related to the proposed development of a new commercial building containing retail and professional office uses to be located at the southwest corner of Ahern Street and East Coast Drive. AGENDA ITEM 4.a August 19, 2003 Public Hearing (continued from the June 17, 2003 and July 15, 2003 Public Hearings) ZVAR- 2003 -12, Peter Coalson on behalf of Peter G. Durante To: Community Development Board From: Community Development Department City of Atlantic Beach Date: June 10, 2003 Subject: ZVAR- 2003 -12 Applicant: Peter Coalson on behalf of Peter G. Durante 524 First Street, North Jacksonville Beach, Florida 32250 Requested Change: Request for a Variance from Section 24 -105 (e) (1) and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS -2 Zoning District. Location: Existing Zoning: Future Land Use: Surrounding Zoning: 417 Ocean Boulevard RS -2 Residential, Medium Density RS -2 Surrounding Land Use: Single - family and two - family residential STAFF COMMENTS The Applicant has requested a reduction in the required 20 -foot rear yard to 15 -feet to allow the construction of an addition to the rear of the existing residence, and also a reduction in the required 20 -foot front yard to 15 -feet to allow for an exterior circular stairwell and a cantilevered open balcony to encroach into the front yard a distance of five feet. The existing residence is a conforming structure located on a 50 -foot by 100 -foot corner lot. The Applicant should further describe the nature of the hardship related to this request and demonstrate how the request is consistent with the definition of a Variance. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to deny a request for a Variance from Section 24 -105 (e) (1) and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS -2 Zoning District and located at 417 Ocean Boulevard, provided: (Provide findings of fact similar to the following.) 1. There are no 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 result from the actions of the Applicant; 3. The Variance granted 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 may be injurious to the area involved or detrimental to the public welfare. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to approve a request for a Variance from Section 24 -105 (e) (1) and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS -2 Zoning District and located at 417 Ocean Boulevard, provided: 2 (Provide findings of fact similar to the following.) 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 because 2. The special conditions and circumstances are not the result from the actions of the Applicant because 3. The Variance requested is the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure because 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 otherwise detrimental to the public welfare because HAPLANNING\VARIANCE FILES\ZVAR- 2003 -12 (Durante) \Staff Report.Doc 4-i O N Cd P-4 cd M O O N CL En cd 'o U vi a °ft 4 0 2 NO LIGATION FOR ZONING VARIANCE City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5800 FAX (904) 247 -5805 • littp : / /www /ei.atlantic- beacli.il.tis Date �21 .J File No. z- U" ZOO - t �-- 1. Applicant's Name 2. Applicant's Address L l 1 3. Property Location j1 U �� c� Y��L — Q ` «QJ� 2 _ 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification S 6, Comprehensive Plan Future Land Use designation 7. Provision from which Variance is requested� 12J3 WI av s o E S �/t lt_ iti X W 9. Size of Parcel 10. Utility Provider kc! 1 C- BE 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. 11. Provide all of the following information: b. 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. c. Survey and legal description of property for which Variance is sought. (Attach as Exhibit B.) d. 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 such documents. e. Application Fee ($75.00) 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 Signatu ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: r CaCi J &P7 ( `L Mailing Address: 5�, Phone: Z q1 - 3" ' ( FAX: Zq l V 6 19 1 E -mail: MAP SHOWING BOUNDARY SURVEY OF.' THEWEST50.00FEETOFLOTS f & 2, BLOCK 22,SUBDIVIS /ON A"AMANT /CBEACH AS RECORDED IN PLAT BOOK 5 ,PAGE 69 OF THE CURRENT PUBLIC RECORDS OFDUVAL COUNTY, FL OR /DA r r J Q m O ti O O � O X —X = CHAIN LINK FENCE END FOUND 5-17 WOOD FENCE RRL = BUILDING RESTRICTION LINE IF = IRON PIPE NO -!D = NO LDENTLPTCATION RB = REBAR A CENTRALANGLE PC POINT OF CURVATURE R = RADIUS PT = POINT OF TANGENCY A = ARCLENGTD R/W = RIGRTOPWAY Al NOTTOSCALE POC = POLNTOFCURVATURE 90 •• hOOF 50.00' CIL CENTERLINE PRC POINTOFREVERSE CURVE FNO 1/2" /P(NO -1D) 50.00' R. 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Presentation and discussion of proposed Redevelopment Plan and Mayport Community Redevelopment Area. 4. Old Business. a. ZVAR- 2003 -09, Dorothy Papazian. Request for a Variance from Section 24- 105 (e) (1) to reduce the required twenty (20) foot front yard to fourteen- and -a- half (14.5) feet and also to reduce the required fifteen (15) foot street side setback on a corner lot to twelve (12) feet to allow for the construction of a new residence, for property within the RS -2 Zoning District and located at 587 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 -lA Zoning District and located at 1395 Main Street. 5. New Business. a. UBE- 2003 -01, William Dukes. Request for a Use -by- Exception to allow automotive repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.) for property within the Commercial General (CG) Zoning District and located at 880 Mayport Road. b. ZVAR- 2003 -10, Raymond A. and Audrey R. Lackie. Request for a Variance from Section 24 -106 (e) (2) to reduce the required twenty (20) foot rear yard to eight (8) feet to allow for a three -story addition to the rear of an existing residence, for property within the RG -1 Zoning District and located at 645 Ocean Boulevard. c. ZVAR- 2003 -11, David C. Kirsten. Request for a Variance from Section 24- 157 (c) to allow a six -foot fence to replace an existing six -foot fence in the street side yard on a corner lot within the RS -2 Zoning District and located at 394 Ninth Street. d. ZVAR- 2003 -12, Peter G. Durante. Request for a Variance from Section 24 -105 (e) (1) and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS -2 Zoning District and located at 417 Ocean Boulevard. e. Discussion and consideration of proposed general revisions to Chapter 24. 6. 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. 2