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,
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B�ACHES �Srq,.)CIATIOP4
CITY OF
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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
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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
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