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Permit 1772 Beach Avenue DEPARTMENT OF REGULATORY & ENVIRONMENTAL SERVICES Building and Zoning Inspection Division February 8, 1993 1 CIS 0 N\NV1 Hans Tanzler, Jr. , Esquire 200 E. Forsyth Street Jacksonville, Florida 32202 Re: Lot 4, Recorded in O/R Book 3098-721 1772 Beach Avenue Dear Mr. Tanzler: This is to confirm our conversation that the referenced property could have a single family residence constructed under the City of Jacksonville zoning code had the property not been annexed by Atlantic Beach. More specifically, the zoning code for the City of Jacksonville required a rear yard setback of ten ( 10) feet. Presently residential zoning districts also require a ten ( 10) foot rear yard setback. Please contact me if I can be of any further assistance. Sincerely, �1�alulde E. Bajg�?I, P. E. , Chief Building & Zoning Inspection Division CEB:bb '41 AREA CODE 904 630-1100 220 E. BAY STREET JACKSONVILLE, FLORIDA 32202-3401 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Appeal of Variance Denial by Townsend Hawkes SUBMITTED BY: George Worley , City Planner DATE : February 1 , 1993 BACKGROUND: Mr . Hawkes is the owner of an oceanfront home at 1771 Beach Avenue and a 50 ' X 50 ' lot directly across Beach Avenue. Mr. Hawkes desires to construct a freestanding building containing two living floors above a garage level . The proposed structure would encroach to within ten feet of the rear property line. The proposed use of the building would be for Mr. Hawkes primary residence. A 50 ' X 50 ' lot is a substandard lot ( Sec. 24-83 ) in Atlantic Beach and requires a Variance for any construction thereon. In addition a Variance to the rear setback requirement is also needed and the building height limitation is reduced in direct proportion to the reduced size of the lot ( Sec. 24-82{bl ) ( in this instance permitting a maximum height of only 17 . 5 feet as the lot is only 50% of the minimum required) . At the Community Development Board meeting the discussion was primarily regarding the original purpose of the lots on the west side of Beach Avenue in that block . It was pointed out that the lots had originally been platted to provide additional parking for the oceanfront homes and not intended for the construction of homes. The Board also expressed great concern for the potential adverse impact of additional traffic and restriction of parking in that vicinity. A motion was made and seconded to Deny the request and carried by a vote of 5 to 2 . RECOMMENDATION : Staff is concerned about the potential for setting a precedent for allowing the construction of full sized structures on half sized lots. There are 10 lots of the same size as Mr . Hawkes lot remaining in that block , all of which can claim the same privilege and similar circumstances as claimed by Mr . Hawkes. ATTACHMENTS: 1 ) Letter of Appeal from Townsend Hawkes 2 ) Application for Variance 3) Minutes of Community Development Board 4) Sections 24-49 ( 1 ) b. 1 -6 , 24-49 ( 3 ) , 24-82 ( b) , 24-83 . - REVIEWED BY CITY MANAGER _,� AGENDA ITEM NO.__(g-?) RIAL1100 TOWNSEND D. HAWKES BEACH REAL ESTATE INSURANCE Serving the Beaches Since 1934 SOO Norfh Third Street - P.O. Box 51307 Jacksonville Beach, Florida 32250 Telephone (904) 249-901 1 December 18, 1992 The lionorable, Will.iam T. Gulliford Mayor of the City of Atlantic Beach Ken Llnebach, City Manager City of Atlantic Beach 800 Ssminolia Road Atlantic Beach, Florida 32233 REt Amendment to previous request for relief from the denial by Community Development Board of My Application for Variance Dear Mayor Gulliford, Members of the City Commission, and Mr. Linebach, City Manager: As I am sure you are aware, I had previously applied to the Community Development Board for a variance to construct a garage apartment on a "non-conforming" lot located at 1771 Beach Avenue, which belongs to me and My Wife. That application was denied by the Community Development Board on the evening of November 17th, following which I wrote on December 2nd, 1992, to Mr. Linebach, City Manager, and to Mayor Gulliford, on December Sth, requesting that I be allowed to bring this matter before the City Commission for consideration, and I I m advised that a hearing on my application has been rescheduled and it is now set for January the lith, at 7:00 p.m. Because of my unfamiliar�-ty with the various sections of the City Code as well as those of the Community Development Board, I am afraid that my request for relief might be denied on some form of procedural technicality with which I am unfamiliar. Therefore in an abundance of caution, I would simply like to request the Mayor and Commission to consider iny letters in the broadest sense possible as a prayer for relief. And if the Commission should determine that the only possible way in which the Commission might give my prayer favorable consideration is to consider it as an APPEAL from the action of the Community Development Board, then please feej,jvge to do so. Again, my prayer is for the relief SpI8jjGedLL0WtCI­jnAIff JATKSSjWtCt"rt to the Commission and the7-XiormPthereof I MULTIPLE LISTING SERVICE OF ONVILLE BEACHES JACKSONVILLE BEACHES REALTORS ASSSOCIATION FLORIDA REALTORS ASSOCIATION NATIONAL ASSOCIATION OF REALTORS Past prefidrnl FLORIDA ASSOCIATION OF MORTGAGE BROKERS JACKSONVILLE BEACHES INSURORS ASSSOCIATION sure is unartfully drafted but then I 'm not an attorney. Thanking yoki for your additional consideration. Sincerely, Townsend Hawkes LH VIA L -mi� ,OwNSEND D. HAWKES BEACH REAL ESTATE, INSURANCE sm"ing she Beaches 500 Hlorth Third Srcef P.0, Box S 1307 Since IP34 Jacksonville Beach, hc)rida 3225)G Telep��nno (904) 249-901 1 Nov. 2 , 1992 Atlantic 3, each Community Development Board 800 O)eminole Road Atlantic Beach, FL 32233 Attnt Mr. George Worley, City Planner Gentlemens Re: Pt Lot Recd Q/R Bk 3098-721 Rear of 1771 Beach Ave. Recently I asked a mortgage broker, one Robert Tipton of Florida Home 1,quity 1,11ortgage Brokers, for a small loan on the above lot in: the rear of my residence at 1771 Beach Ave . , and after an investi- gation at your City Hall, he discovered that the zoning had been changed on this lot so it can be used only as a flower bed or possibly for parking cars. When I purchased the property early in 1970 1 understood that this lot was zoned for a garage for the front house should we decide that we needed more garage space , which we do. The same principle that the oceanfront owners are going to sue in Federal Court against the State of Florida for partly "taking" their homes through defacto condemnation applies here and, of course , the supreme Court of South Carolina in a similar suit ruled that when the Ptate or City rezones a property so it cannot be used for the purpose for which it was originally bought, this, indeed, is a "taking" and must be paid exactly as a condemnation taking. I fix my loss at $50 ,000 through the action of the City in chan ing the zoning and this is the settlement I would expect from the MY for rendering my lot unbuildable. Of course , you realize that three . new garage apartments have been constructed within the last two years adjoining, or almost adjoining, my property on similar sized lots. Very truly yours, ND HAIA"7k OWNSE TH/vh PEACH REALTOFS IIST�N�, SEkVICE OF JACKSrPJY1LL,' T�,cs Pjit F,jid,1 C'L�Wl' , DA FEILTI-PS, ASS'�:-IIIJICDN BEACHES REALTORS ASSSOCIATiON A�-��(-,CIATJC)pq OF RFA,,70P, PAff P'ryid,w B�ACHES �Srq,.)CIATIOP4 CITY OF (P0,Abk SadmLs ROAD ?V ATLAN=U4C3 nAXUrA UU44" TUJPAPM MQ U16M Rtz 0"U76W August 19, 1992 Mr. Townsend Hawkes 500 North Third Street Jacksonville, FL 32250 re: Pt Lot Recd O/R Book 3098-721 . 60 x 50 lot ,west of 1771 Beach Ave. Dear Mr. Hawkes, We are in receipt of your letter dated August 1 $ 19920- regarding the above referenced lot. Research into the history of the subject lot reveals several points which effect your claim and which present courses of action other than a posetbly protracted and costly lawsuit attempting to prove a ."Taking" . Regardi,ng the Zoning and permitted uses of yovr nonconforming lot, you should be aware that the applicable zoning ie RQ-1 . This classification requires a minimum lot size . .of 50 x 1QQ, with setback requirements of .20 feet in front and rear, and a minimum of 5 feet, total of 15 fpet for the two sides. The City of Atlantic Beach has p�ovisiona in its Zoning Code that allow property owners to apply- for dimensional "Variances" if a hardship exists which preclude� them from complying with code requirements. The lots on the west side of Bea��h Avenue between 17th -Street ' ', and 18th Street were originally platted for the expressed purpose of providing additional parking for the lots on. the east side of Beach Avenue. This unusual procedure was done many years prior to annexation of .the 'area by Atlantic Beoch. Since that original platting, there have been seven struciures built on these lots. Of the seven, four combined -these lots with larger lots to the west, two applied for and received variances of one kind or another, and one pre-dates the annexation and no records are available on it. Given the above- conditions and history, we recommend that you make application to the Community Development Board requesting a Variance to the minimum lotesize and -Isetback requirements for the purpose of constructing a private garage on the lot Applications are , available from the Building and Zonin; Department at City ' Hall . If you desire any further information or clarificationg or assistance with an application 'for Variance, Please *do not hesitate to contact the Building and Zoning Department at City Hall or by telephone at '247-5826. Sincerely, George Worley, City Planner cc: Mayor and Commissioners Kim Leinbach, City Manager Alan Jensen, City Attorney X" V1. fill If j -7-1 I it JI -14-LLL I AM -KTrcAvi w 74 57 4 IV �A T9 —pRopoe oRy -FRAM5 5TRUCTURF— bFAC44 AVISNUE LS CaAL DESCRIPT16W F 7 ART 09 �O or It t RVEN; W 0/9 $00K �098-7Z) PLEASE TYPE OR PRINT IN INK APPLICATION FEE $50.00 APPLICATION FOR VARIANCE PATE FILED: 6\ 1992 TO REQUEST A VARIANCE FROM THE REGULATIONS INDICATED HEREIN. BEPAUSE T4EAE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN CARgu4djagT�nt STRICT LETTER OF THE CODE OR ORDINANCE THE UNDERSIGNED HEREBY APPLIES FOR A VARIANCE AS FOLLOWS: i�Of ,0 Naas and address of applicant requesting variance: Note: If the applicant is other than all the owners of the property, written consent signed by all the owners of the property shall be attached: ' .�—Q W&A EN 6 U1 PHONE vig at ALIA A- HAwt(fc-t-- Work: /* Home: q 9- 6 �2 -7 ,, ,;Variance is sought from the provisions of theo. 0 Zoning Code Building Code Plumbing Code Electrical Code Mechanical Code Other t,.,Location f building or structure: 10 t". t" side of A H A & 'A 1312 11 r 17:= BEd tj Ve n a or w , at tre (We think 1772 would be in the rear of 17?1 Beach Ave. ) Street address and legal description of property: Note: Attach copy of deedo'as;d survey or plot diagram indicating proposed construction. LeraLls Pt Tnt Rpe%d n/P Pir 'AnaR-'791 Whdt is the applicant 's interest in this variance? To build a retirement garage apt. where we can live our ye ----------------------r---------- I- 77 IN FILING THIS APPLICATION FOR VARIANCE, THE UNDERSIGNED "86TL BECOMES A PART OF THE OFFICIAL RECORDS OF THE COMMUNXTY -09VELOP AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HER19111 XS'. ' THE BEST OF HIS/HER KNOWLEDGE. f thik sig��ture of applicant/applicant's S gn u;rre of owner c_-__ authorized agent or attorney. if Application cannot. -,.be agent or attorney, include letter without owners signoturos from applicant to that effect. Z i� 1, 1 , ——————————— ————————— —————————-———-——-— ft M aw 00 ".W 00 Aw M M offl4ww Applicantt Do not fill-in beyond this point. Howeverol. 1-espond to the following itemes A= 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building Involved . and which are not applicable to other landep structures or buildings in the same zoning district. T�' 2. The special conditions and circumstances do not result from the actions of the applicant. 3. Granting the variance requested will not confer an the applicant any special privilege that in denied by the code to other lands, buildings or structures in the same zoning district. 4. Literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. 5. The variance in the minimum variance that will make possible the reasonable use of the land, building or structure. 6. The variance is in harmony with the general Intent and purpose of the code. 7. The variance will not constitute any change in the districts shown on the zoning map. 8. The variance will not impair an adequate supply of light and air to adjacent property. The variance will not materially increase the congestion in public streets or increase the public -�A &2ft#m+u_