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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