331 7th Street ZVAR-2002-03 ( Phillips)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
APPLICANT: Gilbert and Colleen Phillips
2135 Hovington Circle, East
Jacksonville, Florida 32246
FILE NUMBER: ZVAR 2002 -03
DATE OF HEARING: March 19, 2002
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
ORDER DENYING VARIANCE
The above referenced Applicants requested a Variance pursuant to Section 24 -49 and Section 24 -64
of the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations, such
Variance seeking to allow an attached garage to encroach a distance of twelve (12) feet into a
required twenty (20) foot rear yard on a single- family lot within a RS -2 Zoning District on property
located at 331 Seventh Street.
On March 19, 2002, 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
and statements made by the Applicant, 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
and Land Development Regulations, finding as follows:
(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;
Page two
Order ZVAR- 2002 -03
March 19, 2002
(2) Granting of the requested Variance is not required to provide for reasonable use of the Land,
Building or Structure.
(3)
Granting of the requested Variance would not be in harmony with the general intent and
purpose of Zoning, Subdivision and Land Development Regulations.
NOW THEREFORE, based on the said findings, the Community Development Board hereby
DENIES this request for Variance to allow an attached garage to encroach a distance of twelve
(12) feet into a required twenty (20) foot rear yard on a single - family lot within a RS -2 Zoning
District on property located at 331 Seventh Street.
DATED THIS .3 DAY OF , 2002.
(
ic--,L Or\ . E )
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.
Communit Oi evelopment Director
COMMUNITY DEVELOPMENT STAFF REPORT
March 19, 2002 Public Hearing
ZVAR- 2002 -03, Phillips residence
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: March 12, 2002
Subject: ZVAR- 2002 -03
Applicant: Gilbert and Colleen Phillips
2135 Hovington Circle, East
Jacksonville, Florida 32246
Requested Change:
Request for a Variance to allow an attached garage to encroach a distance
of twelve (12) feet into a required twenty (20) foot rear yard on a single -
family lot within a RS -2 Zoning District on property located at 331 Seventh
Street.
Location: 331 Seventh Street
Existing Zoning: RS -2 (Residential, Single- family)
Future Land Use: Residential, Low Density
Surrounding Zoning: RS -2 (Residential, Single- family)
Surrounding Land Use: Residential
STAFF COMMENTS AND RECOMMENDATION
The applicant has requested this Variance to allow a garage to be connected to the primary residence
by a covered walkway. This project has been found vested to allow a detached garage to be located
five feet from the rear property line, in that construction plans were designed and significant funds
incurred on the project prior to enactment of the amended zoning regulations. When the vesting
application was reviewed, plan notations indicated that the walkway from the main house to the garage
was an arbor. It was staff's assumption that the "arbor" was an open- roofed structure, therefore, the
garage would be considered a detached structure and allowed to be five feet from the rear property line.
Upon review of the Building Permit application and Construction Plans, staff discovered that the
connection between the house and the garage was proposed to have a solid roof; therefore, the garage
is not considered to be a detached structure, but rather part of the main house, thus requiring the garage
to meet the twenty -foot rear yard setback. The applicant was advised that the garage and the main
house could not be constructed as proposed unless a Variance to reduce the required rear yard was
approved.
Staff recognizes that the location of the garage will not change whether this request is approved or
denied. (Presumably, the only change would be a covered walkway versus an open- roofed walkway.)
Staff cannot find that there is a clearly defined hardship as described by the zoning regulations, but
staff as well cannot find that the request is in conflict with the general purpose and intent of the zoning
regulations. Subject to the Community Development Board finding that the request is consistent with
Section 24 -64 of the zoning regulations, and that the granting of this Variance is also consistent with
the general intent and purpose of Chapter 24, staff does not object to approval of the Variance as
requested.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance to allow a an
attached garage to encroach a distance of twelve (12) feet into a required twenty (20) foot rear
yard on a single - family lot within a RS -2 Zoning District on property located at 331 Seventh
Street, provided:
(Provide findings of fact similar to the following.)
1. Special conditions and circumstances exist which are peculiar to the Land 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;
2
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 otherwise detrimental to the
public welfare.
SUGGESTED ACTION TO RECOM1VIEND DENIAL
The Community Development Board may consider a motion to deny a Variance to allow an
attached garage to encroach a distance of twelve (12) feet into a required twenty (20) foot rear
yard on a single - family lot within a RS -2 Zoning District on property located at 331 Seventh
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 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.
F: \USERS\Planning \VARIANCE FILES\ZVAR- 2002 -03 (Phillips) \Staff Report.Doc
3
Date - -L/ O 2
1. Applicant's Name CI-;116 13-r t '� C !�1 � 2 n P WIG 4 S
2. Applicant's Address 9./ Vi HOVi n jtaut C r . 5. .,No 0r, 1 t . 3,3 t16
3. Property Location .331 7T1 St. Atlanfle.. PAr_I : FL -
4. Property Appraiser's Real Estate Number /6 - 06 00
5. Current Zoning Classification M 6. Comprehensive Plan Future Land Use designation R. M
7. Provision from which Variance is requested _ P a„A- ys S e 1- 6 G. c h l /1. _. e r o. 7 e r rq +.
T: <.ev Wes.`\, <u-)a,., �foyn wqr"cki�_ _ +u inc•M,e _
l
9. Size of Parcel 50 X i 30 1 10. Utility Provider a EA
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 (8)
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 or typed name(s):
Signature(s):
F'r ,'ti'-
APPLICATION FOR ZONING VARIANCE—, , :- r.,.
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
rf L. P M, !'[311 - /a. � r � • l.'
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name: Ord `f' 1. a #4- e-v1 T
Mailing Address: 2) 3 S /v/N j •to H . r . - C1 t- L - 3 2...2_y6
Phone: 9C)-22/- 0 7 0 FAX: 70 '- 2 2/-1'6 po E -mail:
File No. MR gol 2-05
Thank you for your consideration.
EXHIBIT "A"
Reauest for zoning variance at Lot 12, Block 9, Plat No. 1, Subdivision "A ", Atlantic
Beach, as recorded in Plat Book 5, Page 69 of the public records of Duval County, FL.
Vested approval obtained to build 5 feet from back property line based on significant
investment prior to 20 foot set back ordinance that went into effect 1/1/02.
Garage setback begins 8 feet from back property line and continues to 33 feet from back
property line in order to preserve two palm trees. Home setback begins 60 feet from back
property line.
Variance proposed is to cover walkway from garage to home for a length of 27 feet with
a width of 6 feet. Proposal is for overhead covering only and without walls.
Received: 1/21/02 9:OOAM;
Jan 21 02 09:1Oa COLLEEN PHILLIPS
904 221 1690 -> RR DOSTIE BUILDERS; Page
Oct -26 -01 OM:23A
MAP yHnWING BOUNDARY SURVEY „E : r1.AT
rM: E 1 O TI E aj
9, PLAT R CO tl SUBDIVISION
PAI : 69 DV TU 1' c. R RDS O' DUVAt COMITY. FLORIDA.
1
1 ' ar 9
`O7 AP , e.c 9 LOT //. ococx. I /y p / " /,�yt/Pj/L�
yd �its(I P //E1 c uNS j O.00 ' Tt, ►� (.1.1'. /t 1 (G /ILf) Mat
As Ii i s /AM ffilte
110 TES :
--i\
i.l At.l. INTERIOR 110111411A117
MIG1.I:S ARV. `10. + 00' OA"
?) 1.441 ►OIT1.OTtK; RESTRICT, ON '.- j
1.1)41: SnOWN ON I'L.AT, TREKS 1
ARE RESTRICTION t.1)I& nY ,,..
ZONINC ANn TUER1: MA BE ,
EASEMENTS TIIAT A)'FF.QI
TUL5 PROPERTY TIIAT *
RECORDED IN TIM 1'It0{ TC
RECORDS OF IRIS Cn111
TnnT ARM U(17 S►RK(R titi Y
1'NIti SURVEY . t". � `���� \�
11 '1'll[S 191(114117Y •.1)S 144 2 � I✓a• o
FLOOD 'LONE "X"
7'11F. AREA BFTl.RI 41t1F71 'fO AE ' — .ti
llITT .1 PE T11E 500 '(E A 2:,.
Fl A100 ACCORB(N11 TO 't.MA
1'1.110 RAP ItEVISFr& tr /I a
:. /i/ /R1. $1i:A'9 •I n.s
COMMON ITY PANEL
1;n. 12007! nnot R.
/MVP Mica /t NdA / /Ifl-
I{ '
Nlai `\
SURVEYORS
LB .3672
FmtHERLY 1.11 (,i.4'
.ens SO1144 /reap STRITT
j t(. INem I F 0E-4r I. I LOR1I1A 77250
(904) 249 - 724 e /'AY (904) 741 - 12)2
0115 OIAI' OF .. 1:, NO1 VA..10 UNLESS Il
WAS THE (MM".MAI RM5CD SEA Or A II ORNM
OA/E JTOKY
/44,0£ RES/DEAICt
5EVEM l7�) • / sneer
I' :WNW mob
LX£NSF.I) SURVEI(/R.
V
Q torte
BLoct
904 -221 - 16 90
P .02
BOOK 5.
N
frig/
JAW
1
Nic
2)O.O
fSfMO y i*Ry t
0. 00 10 /_P-:F
PREPARED FSR PIE MN/if sr;
� L /.r/
IrL4F^a.=E7 S. �A•∎•
,Qid-izetea T Mr1 .E...F.ac7. R.A
LION w. nOA1wRICNt� PP ' inAPt FR (40. I- 32'.45
FLnRIOA VC_ SURVEY(
I AlI- AUY f5 200!
SCALE: 1_. I.O=
1
p.1
LOT12, BLOCK 9, PLAT N0.1, SUBDIVISION "A', ATLANTIC BEACH, AS RECORDED IN PLAT BOOK 5,
PAGE 69 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA
NOTES:
1) ALL INTERIOR BOUNDARY'
ANGLES ARE 90 DEGREES.
2) NO BUILDING RESTRICTION
LINES SHOWN ON PLAT. THERE
ARE RESTRICTION LINES BY
ZONING AND Th MAY BE
EASEMENTS THAT AFFECT
THIS PROPERTY THAT ARE
RECORDED IN THE PUBLIC
RE CORDS OF THS COUNTY
THAT ARE NOT alOWN ON
THIS SURVEY.
3) THIS PROPERTY LIES IN
FLOOD ZONE "X "WHICH IS THE
AREA DETERMINED TO BE
OFFSIDE THE 500 YEAR FLOOD
ACCORDING TO FEMA
FLOOD MAP REVISED 4/1/89.
4 1 2 F - LIVINA�Y SITE
LAYOUT FO T -E
IMILLIf S FA(/ILY
= 20-0'
50.00
20-0' 5 25
■
11 -5-01
50.00
SEVENTH STREET
WARRANTY DEED
THIS WARRANTY DEED made this 11th day of October, 2001 by Margaret S. Cornelius, a single person, called Grantor, and whose address is 71 19th Street, Atlantic Beach, Florida 32233 to Gilbert L. Philips and
C olleen Phillips, his wife, hereinafter called Grantee and whose address is �a i{, ;z;�;i ti :.'t d13
c - ..,1}nutrl}tp Ct rc1e CZ . �Jax K. 3
(Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH:
THAT the Grantor, for and in consideration of the sum of Ten and NO /100 Dollars and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys
and confirms unto the Grantee, all that certain land situate, lying and being in Duval County, Florida, viz:
Lot 12, Block 9, PLAT NO. 1, SUBDIVISION "A ", ATLANTIC BEACH, according to plat thereof as
recorded in Plat Book 5, page 69 of the current public records of Duval County, Florida.
The real property described in this instrument is not the constitutional homestead nor the primary
physical residence of the Grantor.
Page 1
4442kjagJtreet
Neptune Beach, Florida 32266
RECORD AND RETURN TO:
Gilbert L. Phillips
21 ;5' now ;w +ern CAP_ iC .
ao,1 s ss.1.
RE PARCEL ID #: 169922.0000
BUYER'S TIN: 262.79 -0902
t\'3
knelt 232-126
Deek. 95
/411- FULIIR
C T
BUVAL- EBUNYY
TRU3TfUit6 $ 13x58
IMTANBIEtt IRA s Caa.Ui
RE£GRMIio s
0o
cq . ) .
Doc$1 2001267243 \Q '
Book: 10195
Pages: 829 - 830
Filed & Recorded
10/19/2001 12:58:06 PM
JIM FULLER
CLERK CIRCUIT COURT
DUVAL COUNTY
TRUST FUND $ 1.50
DEED DOC STAMP $ 1,260.00
RECORDING $ 9.00
SUBJECT TO taxes accruing subsequent to December 31, 2000.
SUBJECT TO covenants, restrictions and easements of record, if any; however, this reference thereto shall not
operate to reimpose same.
TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free
of all encumbrances.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
Form Software by Automated Real Estate Services, Inc. 1-a00- 3304295 01E1415
Signed, led and delivered in our presence:
ness ignature
.4d
itness Signature
e /issa a co l
itness Printed Signature
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this 11th day of October, 2001 by Margaret S. Cornelius, a single
person. He /She is personally known to me.
Notary jP.lic, C•unty Af resaid
gnature
s t'Vinf , RICHARDT.
.: +• MY COMMISSION k DD 918884
Id
1 • �. a EXPIRES: June 6, 2005
" 8onne1Thr, Picherd Insurance Agency
1
c 4T. (Nitecri
otary Printed Signature (Serial No., 11 any)
,49 0 -tea
M r t orne i s
('title or Rank)
Page 2 Form Software by Automated Real Estate Services, Ina, 1400.330 -1295 018419
6. New Business.
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
March 19, 2002 at 7:00 p.m.
1. Call to Order.
2. Approval of Minutes of the meeting of February 19, 2002.
3. Recognition of Visitors.
4. Election of Officers.
5. Old Business. None. (The application to review a Preliminary Plat for an eight (8) lot
subdivision within the RS -1 Zoning District, located at 2394 and 2428 Seminole Road has been
withdrawn. The request may be revised, and a new application submitted at a future time.)
a. Request for a Variance to allow a structure (metal awning) to encroach into a required
twenty (20) foot front yard and a required fifteen (15) foot street side yard on a corner lot
within a Commercial General (CG) Zoning District on property located at 501 Atlantic
Boulevard.
b. Request for a Variance to allow an attached garage to encroach a distance of twelve (12)
feet into a required twenty (20) foot rear yard on a single - family lot within a RS -2 Zoning
District on property located at 331 Seventh Street.
c. Request to consider a recommendation to the City Commission related to an application for
a Use -by- Exception within a Commercial General (CG) Zoning District to allow a custom
motorcycle sales and service business, proposed to be located at 1420 Mayport Road.
5. Other reports or business not requiring action.
8. Adjournment.
All infon iation 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.
March 12, 2002
Gilbert and Colleen Phillips
2135 Hovington Circle, East
Jacksonville, Florida 32246
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
Re: March meeting of the City of Atlantic Beach Community Development Board
Dear Mr. and Mrs. Phillips:
Please be advised that your application for a Variance will be heard by the Community
Development Board at the regular meeting on Tuesday, March 19, 2002 at 7:00 pm. Your
application is scheduled as agenda item 6.b.
You should be aware that failure to be present at this meeting to represent your application may
result in the 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
CITY OF
ATLANTIC BEACH
FLORIDA
NAME
ADDRESS
CITY
/ 3c.;
/ft
_;
33)
When Validated, This
Becomes an Official Receipt.
3 -5 20o3
No.
75 Go