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Notice of Appeal 1725 Beach Avenue - Wolfson Karen and Donald M. Wolfson APR 1, 4 2011 1725 Beach Avenue Atlantic Beach, FL 32233 By 904- 394-8190 donaldwolfson @cs.com VIA HAND DELIVERY - SUPPLEMENT TO NOTICE OF APPEAL LETTER OF APRIL 12, 2011 April 13, 2011 Ms. Sonya Doerr, Community Development Director Community Development Department City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: ZVAR- 2011 -01 Dear Ms. Doerr: Besides our request for the appeal of the decision of the Community Development Board dated April 12, 2011, please be advised that in addition to the concerns raised previously, specific grounds for the basis for our appeal to the City Commission Monday, May 9 should include, but not be limited to the fact that there is not competent substantial evidence to support the decision rendered by the Community Development Board. I was not afforded due process in presenting our case as I was not allowed to present evidence to rebut the position the Board took as a result of its discussions. The Chairman closed the floor for rebuttal and the Board's action to deny our variance was in conflict with Section 24- 82(j)(1) and (2). Furthermore, the decision of the Board conflicts with all reasons for grounds for approval of a variance as set forth in 24- 64(d),(1 -6): (1) exceptional topographic conditions of or near the property. (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Initial Effective Date: January 01, 2002 • Last amended: March 08, 2010 by Ordinance 90 -10 -212 26 Ms. Sonya Doerr April 13, 2011 Page two (5) irregular shape of the property warranting special consideration. (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. Specifically, the Board found that our request did not comply with Section 24 -64 of the Zoning and Subdivision Regulations, which findings are set forth below and followed with our responses as duly noted and set forth in bold type: (1) The property is not of irregular shape warranting special conditions... NOTE: Our property IS irregular in shape warranting special conditions since the depth of the lot is 50', (2) The substandard size of the lot of record neither warrants a variance in order to provide for the reasonable use of the property nor are there other exceptional circumstances preventing the reasonable use of the property compared to other properties in the area... NOTE: Minimum front and rear yard setbacks are 20' each leaving a footprint depth of 10' and with the minimum side yard setback requirements being a combined 15'. Building a structure with a 10' depth is not functional. Also, these setbacks would allow for a single family structure to have a maximum footprint of 550sf which is in conflict with the minimum floor area requirements, as stated above, for single family residential dwelling units as set forth in 24- 82(j)(1)(2), single family residential dwelling units being permissible on this lot in the City of Jacksonville prior to annexation of Seminole Beach by Atlantic Beach. Without granting the reduction of the rear yard setback from 20' to 10', a 50' deep lot is an exceptional circumstance preventing the reasonable use of the property compared to other 50' deep lots in the area granted historical variances that provided relief allowing for reasonable use of the property; (3) The granting of the variance will have a materially adverse impact on the Tight and air to adjacent properties, public safety, including risk of fire, traffic safety and general congestion of streets, the natural environment of the community and established property values... NOTE: The 10' variance requested is not one of height and therefore, there is no adverse impact on the light and air to adjacent properties vis a vis 24 -82(c) which is carefully addressed in the Code to which we intend to adhere. The height percentage reduction for non - conforming lots of record was established to address this concern and thus the Board ignored this requirement failing to recognize that the parameters of 24- 82(c) are applicable to this request; Ms. Sonya Doerr April 13, 2011 Page three There are no public safety issues, specifically risk of fire as there will be at the very least 30' between the rear wall planes of each adjacent structure and historically, this margin between structures has been determined to be safe and approved time and again in workshops attended by the COAB fire chief over a 14 year period; Traffic safety and general congestion of streets - the permitting of residences between 17 and 18 Streets along the west side of Beach Avenue has never been denied for this reason and in fact has been approved specifically addressing this concern; Adverse impact on the natural environment of the community – since the annexation of Seminole Beach in 1987 and through 2010,12 residential structures have been permitted and built nullifying this argument of the Board; Adverse impact on established property values – in 1991, our property value soared 2,400% immediately after the construction of 1778 Beach Avenue in 1989 and the property values along the west side of Beach Avenue have risen constantly with the construction of each single family residential unit again nullifying the argument by the Board to deny our variance based upon a materially adverse impact on established property values. (4) The granting of the variance will not be in harmony with the general intent and purpose of Chapter 24, City of Atlantic Beach Zoning and Subdivision Regulations... NOTE: Our answers address the concerns of the Board as set forth in the Order Denying Variance dated March 23, 2011. We believe that there is no substantiation relative to the variance not being in harmony with the general intent and purpose of Chapter 24 that was offered by the Board that validated the denial of our variance request. We sincerely appreciate you accepting this Supplemental Notice in addition to the letter of appeal that was hand delivered to your office Tuesday morning. We hope that this request and the payment that was submitted Tuesday is compliant with all of the provisions as set forth in 24- 49(b). Should you require anything else, please let us know at your earliest convenience. I hereby verify that the above statements are true and correct. Sincerely, © QQ t' LA314t— Donald M. Wolfson Ms. Sonya Doerr April 13, 2011 Page four CC: Erika Hall, Principal Planner, City of Atlantic Beach Louis M. Borno, Mayor John L. Fletcher, City Commissioner Paul B. Parsons, City Commissioner Jonathan Daugherty, City Commissioner, Carolyn R. Woods, City Commissioner Alan Jensen, City Attorney, City of Atlantic Beach Christopher A. White, Esq., Attorney -at -Law Karen and Donald M. Wolfson 1725 Beach Avenue Atlantic Beach, FL 32233 904 - 394 -8190 donaldwolfson @cs.com VIA HAND DELIVERY April 12, 2011 Ms. Sonya Doerr, Community Development Director Community Development Department City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: ZVAR- 2011 -01 Dear Ms. Doerr: Per the email dated April 1, 2011 from Ms. Erika Hall, please accept this letter as our appeal of the decision of the Community Development Board issued Tuesday evening, March 15 It was our intention to come before the City Commission on April 25 however, we had a scheduling conflict. Therefore, we request that our appeal be placed on the agenda for the next City Commission meeting on Monday, May 9th Enclosed you will find our amended letter dated April 2 to you which I hope you find to be self - explanatory. Also, enclosed please find the Planning & Zoning Appeal fee of $50.00 as listed in Section 24 -69 (a)(1) and referred to in Ms. Hall's email of April 15t We hope that -this request and payment is compliant with all of the provisions as set forth in 24- 49(b). Should you require anything else, please let us know at your earliest convenience. Sincerely, (Do.c.C.D E Donald M. Wolfson Encls. PR. I I 0000040 Ms. Sonya Doerr April 12, 2011 Page two • CC: Erika Hall, Principal Planner, City of Atlantic Beach Louis M. Borno, Mayor John L. Fletcher, City Commissioner Paul B. Parsons, City Commissioner Jonathan Daugherty, City Commissioner, Carolyn R. Woods, City Commissioner Alan Jensen, City Attorney, City of Atlantic Beach Howard L. Dale, Esq., Attorney -at -Law /M, 1 L 001 MOW Karen and Donald M. Wolfson 1725 Beach Avenue Atlantic Beach, FL 32233 904 - 394 -8190 donaldwolfson @cs.com VIA CERTIFIED MAIL — Amended April 2, 2011 Ms. Sonya Doerr, Community Development Director Community Development Department City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RE: ZVAR- 2011 -01 Dear Ms. Doerr: Tuesday evening, March 15 the 5 -2 vote against the motion to approve our variance request denied the variance necessary for us to build a single family structure on our property beyond the permissible minimum set - backs. Presently, we are permitted to build a single family residence within the 10' x 55' footprint (i.e. 550 square feet) as depicted on the power point slide that was presented to members of the ABCDB. Section 24- 82(j)(1) and (2) specifically requires the following minimum floor area for single family residential dwelling units: 1. One (1) story: One thousand (1,000) square feet of enclosed living area. 2. Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor and not less than a total of one thousand (1,000) square feet of enclosed living area. Without a variance, building a single family structure within the permissible 550 square feet footprint does not allow compliance with either one of these requirements. Furthermore, a standard garage measures 20' deep by 10' wide per car thus making it impossible to include a garage capable of housing a broad range of vehicles including but not limited to: a MINI Cooper (12.13' long), a Honda Civic (14.78' long), a Chevrolet Suburban (18.67' long), etc. Without a variance, we cannot under any circumstances include a garage within a permissible structure having a 10' depth. The action of the ABCDB has placed a hardship upon us. Without the variance requested, or without a variance reducing the rear yard and /or the front yard setbacks, we cannot build a single family structure on this nonconforming lot of record. Any time the government, in this case the ABCDB, over - regulates a piece of property so that it no longer has any practical use, such action as the one taken by the ABCDB, in my opinion, constitutes a "taking" through the denial of our variance request or at least grounds for relief under the Bert Harris Act. The action taken by the ABCDB eliminating the practical use of our Ms. Sonya Doerr — Amended April 2, 2011 Page two property constitutes a taking of the most serious kind — the denial of the basic property rights of tax paying citizens. We respectfully invoke our right to appeal the legality of this decision before the City Commission and if necessary before a court of law. At your earliest convenience, please provide me with the necessary documents to apply for a hearing before the May 9 Cit Commission meeting. I request the detailed minutes of the last two meetings of the ABCDB before which our variance request was discussed as well as the complete list of names of those persons speaking before the Board on this matter. Enclosed please find our check #5009 in the amount of $50.00 for the Planning & Zoning Appeal fee. Sincerely, Donald M. Wolfson Encl. CC: Erika Hall, Principal Planner, City of Atlantic Beach Alan Jensen, City Attorney, City of Atlantic Beach Chris Lambertson, Community Development Board, Chairman Christopher "Blaine" Adams, Community Development Board Kelly Elmore, Community Development Board Ellen Glasser, Community Development Board Brea Paul, Community Development Board Harleston Parkes, Community Development Board Kirk Hansen, Community Development Board Howard L. Dale, Esq., Attorney -at -Law \\ 00 t 40 • Y , CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD J . ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247 -5826 Application Number 11- 00100040 Date 4/12/11 Property Address 1726 BEACH AVE Application type description APPEALS Property Zoning RES GEN 2F DISTRICT Application valuation . . . 0 Application desc ZVAR - 2011 -01 /REAR SB /APPEAL TO CC Owner Contractor OWNER Permit APPEALS Additional desc . Permit Fee . . . 50.00 Plan Check Fee . . .00 Issue Date . . . Valuation . . . . 0 Expiration Date . 4/12/11 Special Notes and Comments APPROVED TO PROCESS CHECK ONLY Fee summary Charged Paid Credited Due Permit Fee Total 50.00 50.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 50.00 50.00 .00 .00 City of Atlantic Beach * ** CUSTOMER RECEIPT * ** Oper: DSMITH Type: OC Drawer: 1 Date: 4/12/11 01 Receipt no: 43722 Description Quantity Amount 2011 100040 BP BUILDING PERMITS 1.00 $50.00 Tender detail CH CHECK 5009 $50.00 Total tendered $50.00 Total payment $50.00 Trans date: 4/12/11 Time: 10:46:38 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. -1 ectived ail- GOB - 15 f gal -eP ATLANTIC BEACH RESIDENTS AGAINST THE GRANTING OF VARIANCE ZVAR-2011-01 REQUESTED BY DON AND KAREN WOLFSON NAME (PRINT) ADDRESS SIGNATURE &-t\32A----- Cum.et �- e---4-t:‘;07.177____ .Lk�--S . �Z\cYW c ' cl,FL - ----------- ) ce exis Vi-43 OceaA. c'oy� = OI7JA- .7,--; _0(1-0,4____ . ,S-Vekt___Po.,-)e_A4 )1(-(5 a..ecy,-._ (Auk_ (---- 5-22n 4 ------f , ___ \ xl..._ . , , 14. . \ici.A\. 4;LIA.Q._.41kt... ... 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P '1414 (-Re �L../ It f �.�. _ «a/ �° �t�- . • y cis° n 310 Oce 4reS-f- dr-. 11/4). \AllAsu mac 0,Larj �„�\ ATLANTIC BEACH RESIDENTS AGAINST THE GRANTING OF VARIANCE ZVAR-2011-01 REQUESTED BY DON AND KAREN WOLFSON NAME (PRINT) ADDRESS SIGNATURE 144r_k- AlACteV'S On 6831 O Leap rove ON wv - , ' / i, k hn 6t ergs 5(e l7 t ` gyee 11-5 - 1 ATLANTIC BEACH RESIDENTS AGAINST THE GRANTING OF VARIANCE ZVAR-2011-01 REQUESTED BY DON AND KAREN WOLFSON NAME (PRINT) ADDRESS SIGNATURE - _ --- _ ---- t3aKe- hc' !c _. 702 OCP 6(3-e r� G ca�S-�Q. —7 i Z G "E(__ 1 �. ei r --- ATLANTIC BEACH RESIDENTS AGAINST THE GRANTING OF VARIANCE ZVAR-2011-01 REQUESTED BY DON AND KAREN WOLFSON NAME (PRINT) ADDRESS SIGNATURE 1- t� ( __4j14 -- 4 Chris Lambertson From: CDBOARD [cdboard@coab.us] Sent: Tuesday, March 15, 2011 1:58 PM To: (Alan@AJensenLaw.com); (chadams25@yahoo.com); (chris@elitehomesfl.com); (glassere@comcast.net); (lynn.drysdale@jaxlegalaid.org); (macputter@comcast.net); (Schmirkley@bellsouth.net); hparkes@comcast.net; sbdoerr@coab.us; Hall, Erika Subject: FW: aerial view of non-conforming lot applying for variance aerialphoto.jpg From: Donnie Wanstall[SMTP:DWANSTALL@BELLSOUTH.NET] Sent: Tuesday, March 15, 2011 1:57:59 PM To: CDBOARD Subject: aerial view of non-conforming lot applying for variance Auto forwarded by a Rule Good afternoon: This is not an exact scale but gives you an aerial view of the properties. My wife and I got this image from Google Earth. You can see all the trees and natural environment that will be eliminated with the approval of this variance. This does not show all of the overhanging limbs that will be lost as well. Also please notice the adjoining non-conforming lots on each side and what could be lost as well if this variance is approved and sets precedence. Thank you. Donnie & Carol Wanstall. No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1204 / Virus Database: 1498/3508 - Release Date: 03/15/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1204 / Virus Database: 1498/3508 - Release Date: 03/15/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1204 / Virus Database: 1498/3508 - Release Date: 03/15/11 1 71,,eczA4cd, tall U\/cw►s l -V_T bt' e/pt2) 3 FILE COPY .,.. , ... . ., . . . _ . _.. . _._. . f i,. a sr .4 ov ,,_,... •fie �.: +ie. ; d + ' a . . . 404,411,Plirlirliir '41 I.‘" . VI* A - , .4,,,...4R. - i . ... -* 0 44114- $ ei , • . f , r 'r 901„ 1 it: '--., ' 4 :- ., ! ' • '... '`" - t . ...4ks14l #- •k:. 1100, -. x �•, y Its O , Ji - 44,,.*..„1!._ • .. ..- , _..,..._ • +A ra n. «� fira ' Ail «* we A I` F w L i ° x i ,�k� 9� "p ;� • ° `k 's. , , iii' moi• ,. ,. '4_. Ill 1 li i e d - f ' - ' '' ,„ , a . : - _.,.., . ,..4. ,. .,-- . . . -. , , .it - a 41 ' , or . • li 1t I 'ft i x w - ► 9 a lit 4°'*111111 ' •• , . 111 1E° Ibtittier'll tt• . iii, ..,,. 4111.0' i AGENDA ITEM k 8A 11111111 MAY 9,2011 rL`! f • ��� CITY OF ATLANTIC BEACH 91 y 800 SEMINOLE ROAD .�4 .::;; -. -0EN.'• ,. y--7, ATLANTIC BEACH,FL 32233 INSPECTION PHONE LINE 247-5826 _______.! JSis1)`' Application Number . . . . 11-00100040 Date 4/12/11 Property Address1726 BEACH AVE Application type description APPEALS Property Zoning RES GEN 2F DISTRICT Application valuation . 0 Application desc ZVAR-2011-01/REAR SB/APPEAL TO CC Owner Contractor OWNER Permit APPEALS . Additional desc . Permit Fee . 50.00 Plan Check Fee . . .00 Issue Date . . . Valuation . . . . 0 Expiration Date . 4/12/11 Special Notes and Comments APPROVED TO PROCESS CHECK ONLY Fee summary Charged Paid Credited Due Permit Fee Total 50.00 50.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 50.00 50.00 .00 .00 City of Atiantic Beach n*CUSTOMER RECEIPT a Oper: DSNITH Type: OC Drawer: 1 Date: 4/12111 01 Receipt no: 43722 Description Quantity Anount 2011 102040 DP BUILDING,PERMITS 450.00 Tender detail CK CHECK 5009 450.00 Total tendered 450.00 Total paynent 450.00 Trails date: 4/12111 Tine: 10:46:38 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES.