1184 Hibiscus Street ZVAR-2002-05 (Alday)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: Catalina D. Alday
1184 Hibiscus Street
Atlantic Beach, Florida 32233
FILE NUMBER: ZVAR- 2002 -05
DATE OF HEARING: April 25, 2002
ORDER
of the Community Development Board
for the City of Atlantic Beach, Florida
ORDER DENYING VARIANCE
Pursuant to Section 24 -49 and Section 24 -64 of the City of Atlantic Beach Zoning and Subdivision
Regulations, the above referenced Applicant requested a Variance from Section 24 -106 (e) (3) to
allow a roofed enclosure to extend to the side property line, thereby eliminating the side yard
requirement for property in the RG -1A Zoning District and located at 1184 Hibiscus Street.
On April 25, 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
did not comply with Section 24 -49 and Section 24 -64 the City of Atlantic Beach Zoning and
Subdivision 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;
2. The 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;
Page two
Order ZVAR- 2002 -05
April 25, 2002
4. The granting of the Variance would not be in harmony with the general intent and
purpose of this Chapter, and could be injurious to the area involved or otherwise
detrimental to the public welfare in that the wooden structure increases a risk for
danger from fire hazard.
NOW THEREFORE, based on the said findings, the Community Development Board hereby
DENIES the request to allow a Variance from Section 24 -106 (e) (3) to allow a roofed
enclosure to extend to the side property line, thereby eliminating the side yard requirement for
property in the RG -1A Zoning District and located at 1184 Hibiscus Street.
DATED THIS \ ` DAY OF TALL 2002.
ki\&. } C) \F Y\
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.
Community evelopment Director
May 09, 2002
Catalina D. Alday
1184 Hibiscus Street
Atlantic Beach, Florida 32233
Re: Order of Community Development Board denying Variance
Dear Ms. Alday:
Enclosed herewith is an original signed order and a copy of the order from the Community
Development Board denying your variance request. Please maintain a copy of this order for your
records, and feel free to call me at 247 -5817 if you have any questions.
Sincerely,
ad
Sonya . DDoerr, AICP
Community Development Director
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
COMMUNITY DEVELOPMENT STAFF REPORT
April 25, 2002 Public Hearing
ZVAR- 2002 -05, Alday residence
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: April 19, 2002
Subject: ZVAR- 2002 -05
Applicant: Catalina D. Alday
1184 Hibiscus Street
Atlantic Beach, Florida 32233
Requested Change:
AGENDA ITEM 5.b
Request for a Variance to allow a covered entryway and screen enclosure to
encroach into a required five (5) foot side yard, as constructed, on a two - family
lot within a RG -1A Zoning District.
Location: 1184 Hibiscus Street
Existing Zoning: RG -1A (Residential, two - family)
Future Land Use: Residential, Medium Density
Surrounding Zoning: RG -1A (Residential, two - family)
Surrounding Land Use: Residential
STAFF COMMENTS AND RECOMMENDATION
The applicant has requested this Variance to allow a covered entryway and screen enclosure to remain as it
has been constructed. The construction was done without a Building Permit, and a permit cannot be issued
without approval of this Variance. The construction appears to extend to the property line. The subject
property is developed with a duplex, and other similar enclosures are typical in this area, as most of these
dwellings were constructed without a protected entryway.
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, stair 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
covered entryway and screen enclosure to encroach into a five (5) foot required side yard, as
constructed, on a two - family lot within a RG-1A Zoning District located at 1184 Hibiscus Street,
subject to:
• application for Building Permit shall be made within fourteen (14) days of approval of this
Variance and further provided,
(Provide findings of fact similar to the, following.)
1. The Variance granted is the minimum Variance that will make possible the reasonable Use of the
Land, Building or Structure.
2. 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 RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance to allow a covered
entryway and screen enclosure to encroach into a five (5) foot required side yard, as constructed, on
a two - family lot within a RG -1A Zoning District located at 1184 Hibiscus Street, subject to:
(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
2. The special conditions and circumstances are the result from the actions of the Applicant.
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 -05 (Alday) \StaffReport.doc
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NEXT MEETING DATE: v1 7 & 1y,7,Y
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PLEASE TYPE OR PRINT IN INK
TO REQUEST A VARIANCE FROM THE
APPLICANT MUST SHOW THAT THERE
CARRYING OUT THE STRICT LETTER
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Applicants Name
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Address
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City, State, Zip
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Telephone : (4 J --I / ' i - JV/
FILING DEADLINE:
APPLICATION FEE $75.00
REGULATIONS INDICATED HEREIN, THE
ARE UNNECESSARY HARDSHIPS IN
OF THE CODE.
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Owners Name
City, State, Zip
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Address
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Street address and legal description of subject property: Note:
Copy of deed and survey or plot plan indicating proposed
construction must be attached.
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Zoning classification of property: ieS &A'T
Section of code from which variance is sought: 4 (/) -
Describe variance requested:
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IN FILING THIS APPLICATION FOR VARIANCE, THE UNDERSIGNED
UNDERSTANDS IT BECOMES A PART OF THE OFFICIAL RECORDS OF THE CITY
AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS
TRUE TO THE BEST OF HIS /HER KNOWLEDGE.
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I HEREBY CERTIFY TO JOHN TSAI, CATRINA D., ALONZO D. AND ALLAN D. ALDAY, COMMONWEALTH LANE■
TITLE THAT I HAVE SURVEYED THE LANDS AS SHOWN IN THE ABOVE CAPTION AND THAT THIS MAP IS A.
TRUE. AND CORRECT REPRESENTATION OF THAT SURVEY AND THAT TITE SURVEY REPRESENTED HEREON MEETS'
THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA ADMINISTRATIVE CODE CHAPTER 21 -HH -6 AND THE,
FLORIDA LAND TITTJ A.,SCX'IATION.
DONN W. BOATWRIGHT, L.S.
FLORIDA REG. LAND SURVEYOR No. 3295
DATE SIGNED:
SEPTEMBER 171987
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AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
April 25, 2002 at 7:00 p.m.
Commission Chambers at City Hall, 800 Seminole Road
1. Call to Order.
2. Approval of Minutes of the meeting of March 19, 2002.
3. Recognition of Visitors.
4. Old Business. None.
5. New Business.
a. File No. ZVAR- 2002 -04, Lonnie D. Johnson. Request for a Variance from Section
24 -104 (e) (3) to allow a carport to encroach into a seven and one -half (7.5) feet
required side yard for property in the RS -1 Zoning District and located at 382 Skate
Road.
b. File No. ZVAR- 2002 -05, Catalina D. Alday. Request for a Variance from Section 24-
106 (e) (3) to allow a roofed enclosure to extend to the side property line, thereby
eliminating the side yard requirement for property in the RG -1A Zoning District and
located at 1184 Hibiscus Road.
c. File No. ZVAR- 2002 -06, Doug Morgan on behalf of Rose C. McCall. Request for a
Variance from the fifteen (15) foot required side yard on a Corner Lot (See definition of
Lot, Corner.) to bring an existing nonconforming structure into compliance and to allow
for a second story addition for property in the RS -2 Zoning District and located at 31
Fifth Street.
d. File No. ZVAR- 2002 -07, Shawn and Andrea Burke. Request for a Variance from
Section 24 -105 (e) (3) to reduce a required rear yard and also from Section 24 -151 (b)
(1) viii to allow a detached storage structure to exceed twelve feet in height for property
located at 316 Sixth Street.
e. File No. UBE- 2002 -02, Mery and Theresa Russell. Request for a Use -by Exception
in the Commercial General Zoning District to allow for uses including general
construction contractor, welding, fence assembly, electrical, air conditioning, plumbing
and irrigation contractors, cabinet shop, warehousing and general assembly on property
located at 589 West 14th Street.
April 02, 2002
Catalina D. Alday
1184 Hibiscus Street
Atlantic Beach, Florida 32233
Re: April meeting of the City of Atlantic Beach Community Development Board
Dear Ms. Alday:
Please be advised that your application for a Variance will be heard by the Community
Development Board at their meeting on Thursday eveninE, April 25, 2002 at 7:00 pm.
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. oerr, AICP
Community Development Director
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
CITY OF
ATLANTIC BEACH
FLORIDA
NAME Catalina D. Alday
ADDRESS 1184 Hibiscus Street
CITY Atlantic Beach. FL 32233
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No. 3584
Application for Variance for 1184 Hibiscus Street $75.00
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