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Item 8C AGENDA ITEM #8C DECEMBER 13, 2004 ,~. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Bob, Kathy, AI and Mary Frosio for a waiver from ~.+ Section 24-255 (a) of the Subdivision Regulations seeking approval to create two new lots within property located a 151 Club Drive (east of Ocean Boulevard) that are less than 75-feet in width and less than •~ 7,500 square feet in Lot Area. SUBMITTED BY: Sonya Doerr, AICP ~,Q Community Development Director DATE: December 02, 2004 BACKGROUND: Section 24-255 (a) of the Subdivision regulations requires newly created residential lots to have a width of not less than 75-feet and lot area of not less than 7,500 square "" feet. The subject property is located within the RL (Residential, Low Density) Comprehensive Plan land use category, which requires 7260 square feet of lot area per dwelling unit and within the RS-2 (Residential, Single-family) Zoning District, which per Section 24-105 of the Land ~'" Development Regulations, requires minimum lot width of 75-feet and depth of 100-feet. This property originally consisted of a parent parcel that contained 15,000 square feet with 150- "'' feet in width and 100-feet in depth. Multi-family (condominium) development is located on the north side of this property, and single-family residential lots that are 70-feet in width are directly across from this property on the south side of Club Drive. In 1982, a 50-foot x 100-foot portion ~" on the west side of the parent parcel was separated, and the City issued Building Permits to construct asingle-family residence on that subdivided 50 x 100-foot parcel. At that time, the City had not yet adopted a Comprehensive Plan establishing density limitations; however, the requirement for new residential lots to have a width of not less than 75 feet and lot area of not less than 7,500 square feet has been in effect since at least 1969. The proposed two new lots would contain 5000 square feet of lot area and 50-feet in lot width. As such, staff cannot find that the two proposed 50-foot by 100-foot lots are consistent with the ~ Comprehensive Plan or the RS-2 Zoning District regulations. Section 24-291 provides that the City Commission may grant a waiver to the Subdivision regulations upon finding that the conditions of paragraph (b) are met. Sec. 24-191. Waiver. (u) General. Where the City Commission finds that undue hardship due to unreasonable practical '"" difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. ~* (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. _,~ ____ _ December 13. 2004 reeular meetinE AGENDA ITEh1 #8C DECEMBER 13, 2004 (1) The particular physical conditions, shape or topography of the specific property involved '" causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not ,~, result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the ~. City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. BUDGET: No budget issues involved in this request. RECOMMENDATION: Motion to deny a request for a waiver of Section 24-255 (a), finding that the two proposed lots, which are 50-foot wide by 100-foot deep and containing 5000 square ~ feet each, are not consistent with the Residential, Low Density Comprehensive Plan land use designation or the RS-2 Zoning District requirements. ~, ATTACHMENTS: Supporting information including Property Appraiser's map, survey of the existing property and proposed new lots, along with information submitted by the applicant. ~. REVIEWED BY CITY MANAGER: ~" 2 December 13, 2004 regular meeting ~,. Map Output .. ~; 955 ~ IS t; w ~~~ 343 925 f~ E {~ 1€ 898 I ~ ~~~~ 3iZ ;I' 8$4 ~ I 309 314 345 81+i 31T 3tt 8.04 AGENDA ITEM #8C DECEMBER 13, 2004 JAXGIS Property Information 957 ~~ '9$1t ~4i9'Ql $'Qi '3F41 1O 14 74 1~ 10 14 ,' 9$19'01 $4 i +y0 f 901 $(11 14 14 10 10 14 14 ~ 937 9T2 }, 9#i 901 90i 901 99^1'1141 14 t4 14 10'14 10 i0 10 10 ;. 9Q19~19'R1 941947 ~~ 14 10 14 14 f0 14 952 ~ 9p1901r '~~ 9tt1$41941 945 991'94f '!41 .9111901 '1r+01 901!01 '9'a* 9p19411 9~oli Ir41 892 895 ~~ g~i941 941 1l41I 941 '9~Q1 i4 10 t4 1O 14 941 1'41 '~! 91t19o190.1 14 14 14 t4 885 9'D1'l0f901 ~0194f90i94i 14 10 14 10 14 10 8$2 ; 10 f0 14 10 14 14 $T9 i4 10 f0 10 14 871 14 10 10 14 14 g59 14 14 14 10 14 215 ' 14 14 10 14 14 255 $7"P 855. 10 14 10 14 14 " I '~ $~63 i 851 151 i ~~~? 1~ ~ ~~ ~~ &!$ `: 859 171 ~~ I 8+L9 . ~~ q7 hi _ ~- la"_ ._ , ~-_ _ , __ .. 825 VI ~., i 34 8-0 ~~! ` ~! 194 154 $25 '' ~ '2~ 8 812 ~ 155 i25 145 ' 834 f i I Y 185 4;~ ~~ ~ ~ 1t i _ __ 3'd ~~ ~ 715 it 314 774 '^` 1?0 144 i14 Capyrlp hi IC) X002 C ily aF ,laekw~villq, FI Q E # ame ddress Value cres atk ~ egai Descriptions ~~ dlise ing ~ 151 170246 ROSIO LIZABETH ANNE TRUS LUB DR 1458 .2300000041 4 -1 16-2S-29E .22 of in TLANTIC BEACH d 2233 HOTEL RESERVATION REC one http://maps.coj.net/WEBSITE/DuvalMAps/toolbar.asp 12/3/2004 MAP SHOWING BOUNDARY SURVEY OF: A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT N0. 1 , SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT•BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 146.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 85'32'15" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 99.87 FEET; THENCE NORTH 06'15'32" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 100.13 FEET; THENCE SOUTH 85'19'17" WEST, A DISTANCE OF 99.89 FEET; THENCE SOUTH 06'16'42" EAST, A DISTANCE OF 99.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. ATLANTIC BEACH HOTEL RESERVATION PLAT BOOK 5, PAGE 69 (ALSO KNOWN AS SEAPLACE CONDOMINIUM) O.R.V. #5298, PAGE 125 FOUND 1/2' IRON PIPE $85' ~ 9' 17"W 99.89' NO IDENTIFCATION _~ _,_. _ - - '-'"' "- < O m ~I Irn D Z i~ O ~ C =m oD~ I ~ _ - f/1 I 0 of I O ~ ~ ;O ~ < ~' -N ~ cD ~C ^ . ~ ` m •' AD .. ,. 0~0 ~ ~ . '. so ,: ~ lD D tiJ ~' ~ c~ m ~ ~ ~ m ; ',~. . u, AGENDA ITEM #8C DECEMBER 13, 2004 FOUND 1/2" IRON PIPE NO IDENTIFICATION Z ~ O ~ ~7 N < v ~ ~ rrJ oMERT[ d»d Y.YI 4 ~ - I l O J J ° c 11 O _ 1 ........ ~ w 30x ' O m ~u _~ ~m O ~ .. i ° ......... J ~ n ,: ~ meow, muWx~ O Z p0 G1 1 o ~ ~ :~..~ o D < P ~ ( r1 1]7.01• N.T.S. ~G Z ° <c FOUND 1/2" IRON PIPE m NO IDENTIFICATION 99.87' CLUB DRIVE 50' RIGHT-OF-WAY Existing parcel CERf1FIED T0: AL & BOB FROSIO ND>QI THIS PROPERTY LIES 91 FL000 ZONE 7f" BY FLOOD MAP RENSfO APRIL 17, 7989, COMNUNRY PANEL NO. 170073 0001 D BEARINGS BASED ON THE NORTHERLY RIGHT-OF-WAY LINE OF CLUB DRIVE AS BEING N B3' J2' 15' E O.R.V. DENOTES OFFlCML RECORDS VOLUME -X- DENOTES 6' NNYL FENCE EXCEPT AS NOTED -//- DENOTES 8' WOOD FENCE EXCEPT AS NOTED THERE AMY BE ADD/nONAL RESTRICDONS THAI ,VIE NOT SHOWN ON THIS SURVEY nMT MAY BE FOUND IN THE PUBLIC RECORDS OF DUVAL COUNtt, ROR/DA. ~1Z~rA§p1FM FOP tN""ca M!0 E9RE55 ~- - 1 sr Ra~cwo~ % ss~DCz .. ' 'r ... z.i• •'~~i+.rj4~ .r T S -~ ;: a. ~~ . FOUND 1/2" IRON PIPE NO IDENTIFICATION N85'32' 15"E D U R D E N SURVEYING AND MAPPING, INC. 8150 Loneator Road Jacksonville, Florida 32211 (904) 724-5588 Faz 724-9154 LICENSED BUSINESS N0. 6696 I hereby certify that this survey msete the minimum technical standards as aet forth by the Florlda Beard of Land Surveyors, rsuant to Section 472027 Florlda Statutes a hapter ' Btg17 Florlda Adminlatr n Cod FLOR REGISTERED SURVEYOR No. 4707 H. BRUCE DUROEN. Jr. SIGNED Y 1 -2004 SCALE: _ t" 30' THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED MATH THE SEAL OF THE ABOVE SIGNED. B - 4 t~ MAP OF: A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT N0. 1 , SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 196.18 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06' 15'43" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 99.94 FEET; THENCE NORTH 85'19'17" EAST, A DISTANCE OF 49,94 FEET; THENCE SOUTH 06'15'32" EAST, A DISTANCE OF 100.13 FEET TO THE SAID NORTH LINE; THENCE SOUTH 85'32' 15" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 49.94 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. AGENDA ITEM #8C ATLANTIC BEACH HOTEL RESERVATION DECEMBER 13, 2004 PLAT BOOK 5, PAGE 69 (ALSO KNOWN AS SEAPLACE CONDOMINIUM) O.R.V. #5298, PAGE 125 N85' 19' 17"E 49.94' D O m m ~Z 2 Q ~ ~mm,J O` I O :il LO v rn N pqN! °E REG CLUB DRIVE 50' RIGHT-OF-WAY Proposed new lot NOTE9r THIS DOES NOT PURPORT TD BE A BOUNDARY SURVEY `12' PSSEMENf FDN VIDRESa AND EGR[SS~ ~ ~ ~ -. - '- --- '~ Z •~ +~a Kiwi ~ O O ~ ~ ~ ~ ~ u W ~ J J J O ~ Q~ O -p O m ~ ~y II u m ~_ n ~~ ~ ~ "«~" o ~.q ~r~•~ w,. _j ~Tl V t37.Di N.T.9. ~ C nr ~i'I °0°~ 2 C ,'1 49.94' n'19'E IIa.11' N.T.9... NNiN° 585'32'15"W < _N , 6:Y ~ ~ ~ M : . ~ y ?' 1 ftDR} DDNDREIE RESrowcE Yte ~ , r7 ~ nom, :pil.a' .Y Y A . ~ '• . 7NIS PROPERLY UES IN FLOOD LONE X' BY FLDOD MAP RENSED APRIL 17, 18BR COMANINILY PANEL NO. 170073 DDDI D BEARINGS BASED ON THE NORTHERLY RRR1T-Oi-WAY LINE aF CLUB ORNE AS BELNC S BS' ]7' 13' W O.R.V. DENOTES OFFN:NL RECORDS VOLUME -X- DENOTES 9' NNYL FENCE EXCEPT AS NOTFO -//- DENOTES a' WODO FENCE EXCEPT AS NOTED THERE NAY BE ADDITIONAL RESTRICTIONS 1HAT ARE NOT SI10WN ON THIS SURVEY TENT MAY BE FOUND IN THE PUBLIC RECORDS GF DUNIL COUNTY, FLORx3A. D U R D E N SURVEYING AND MAPPING, INC. 8150 Lonastar Road ' Jacksonville, Florlda 32211 (904) 724-5588 Fax 724-9154 LICENSED BUSINESS N0. 6696 CERTIFIED T0: S - AL & BOB FROSIO I hereby certify that this survey meote the minimum tsehnical standards ae eat orth by the Florida Board of Lond Surw unuant to Section 472.027 Florlda Statute an Chapter Btg17 Florlda Admlgjyratlori Code' H. BRUCEOUROEN, Jr. 4707 I SIGNED ~ JULY 21 004 i SCALE: 1" 3G' I (~ (~ (~ THIS SURVEY NOT VALID UNLESS THIS PRINT IS EI/BOSSED WITH 7HE SEAL OF THE ABOVE SIGNED. u - ~v J AGENDA ITEM #8C MAP ~F: DECEMBER 13, 2004 A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH :: AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT N0. 1 , SUBDIVISION "A°, OF ATLANTIC BEACH AS RECORDED IN PLAT .BOOK 5, PAGE 69 OF THE CURRENT .PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FORA POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 146.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06'16'42" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 99.75 FEET; THENCE NORTH 85'19'17" EAST, A DISTANCE OF 49.95 FEET; THENCE SOUTH 06'15'43" EAST, A DISTANCE OF 99.94 FEET TO SAID NORTH LINE; THENCE SOUTH 85'32'15" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 49.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO A 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. ATLANTIC BEACH HOT PAGEE56g NATION PLAT BOOK 5, (ALSO KNOWN AS SEAPP GECO25 MINIUM) O.R.V. #5298, N85' 19' 17"E 49.95' ~- 12' Fi~3F1]ETR FOR INDRE55 AND EGR65 -- - Z .~' "z. NO O~ ~ ~ O A o al I °1 N < ~ ~1 ~ ~ Of -~P ~ - B].' .Ira "{ Car ' WIG[[•k MLLI/u YC ~ ~ ~ G ~ ~ ~ ~ . ~ m i ~ J ~ 0 ~ l0 (~J , ~ '. ~,7' 1 BTDR'T rANGRETE LDCx t R610ENCE A15 - 0 -Q D m ~ - ~ >. ~ ~.. ~ ~ s ., ..... ' ~' f0 2e' I ~ 41 D m Z ~ D m . .. 4v.Z .. tP nA~ . ~ r :«21. B'.,- ~ . N Cac, ......- ...... ] ... .. r , w, s k . O ~ ~ rn r7 !"~' :.n . ~. , a ~ .. a man ~~ UI O Q N ~ .. ~ ~~.,~ r j .. '~ ~~ mricwe~i~ mei ..u ~r o D N.T.B. Be.2B' NBS]1'tg'E BoaD' 49.93' uB.ze• N.T.B. $85'32'15"W ~ ].eo'J Q '~ eie„ iroB°~,2 a race was ^aNr or BEaNNINa CLUB DRIVE 50' RIGH T-OF-WAY D W :U I D O ~ ~ Z ~C m Proposed new lot NDRe; OBS GOES NOT PURPORT TO H£ A BWNOARY SURVEY THIS PROPERTY UES IN FL000 ZONE X' BY FLDOO MAP RENSED APRIL I7, 1888, COMMUNITY PANEL NO. 120075 0001 0 BEARINGS &15ED ON THE NORTHERLY RIGHT-OF-WAY LINE OF CLUB ORNE AS BEING S BS' J2' IS' W O.R.V. DENOTES OFFICIAL RECORDS VOLUME -X- DENOTES B' VRIYL FENCE IXCEPT AS NOTED -//- DENOTES B' W000 FENCE EXCEPT AS NOTED THERE A41Y BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT IMY BE FOUND /N THE PUBLIC RECORDS OF OWAL COUNTY, Fl.ORIM. CERTIFIED T0: AL dL 808 FROSIO D U R D E N SURVEYING AND MAPPING, INC. - 8150 Lonestar Rood Jacksonville, FlorfdG 32271 (904) 724-5588 Fax 724-9154 LICENSED BUSINESS N0. 6696 I hereby certify that thin eurvay maeta tha minimum technlccl etandarde ce eet forth by tha Florldc Board o1 Land Surve unucnt to Section 472.027 Florida Statute an Chapter ; 81 y17 Florida Adminl4i~tlon C e REGISTERED SURVEYOR No. H. BRUCE OUROEN, Jr. SIGNED JULY 27 ~ 2004 SCALE: l" a, 30' THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED MATH THE SEAL OF THE ABOVE SIGNED. B - `"~ ~ 9 r~`~1~~ J' r ~~ - . '~=% ~. AGENDA ITEM #8C DECEMBER 13, 2004 _~ . - ,•. ~.: APPLICATION FOR SUBDIVISION WAIVER -w City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233 Phone: (904) 247-5800 FAX (904) 247-5805 http://www.coab.us Date ~~ ~ (O `~ File No.~~~/ ~~ ~ Y'~ ©v ~ Ca Receipt 1. Applicant's Name ~ ~• ,a.fC~ ~-~-~ ~~.~5/~ ~ ~i! (mac. ~ .uSS ~,~ 2. Applicant's Address U ~} `~`~' s'~. ~g~r. ~~ ~~ G'~, ,Z ~ b 3. Property Location /,,~ ~C~-c.-~7 ~.l~i°; p, ,GC~~z C ~p~.~~ ~~3 ~ 4. Property Appraiser's Real Estate Number /~.~~~ rj ,~ 5. Current Zoning Classification ~IFJ/c~~~G. ~,,~i/~,~26. Comprehensive Plan Future Land Use designation ~~ 7. Requested provision(s) from which waiver is sought: Q_ C ~ZEr'!~ ~. 7 -- / ~j ~' 8. Size of Parcel j~ ~ ~ `v ~ 9. Utility Provider ~~C' 10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. (See attached Section 24-191.) I1. Provide all of the following information: a. 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. b. Survey and legal description of property. c. Required number of copies (4) d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATI/O~N IS CORRECT: Signature of owner(s) or authorized person if owner's authorization. form is attached: ~//~ir.,., bs'v Printed or typed name(s): n r~.cSl/ . lf4~J/71,~ ~~- /~7...~, ,. ~~~.,. Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Mailing Address: Phone: FAX: E-mail: AGENDA ITEM #SC DECEMBER 13, 2004 To: Atlantic Beach City Commission From: Bob, Kathy, Al, and Mary Frosio, co-owners of 151 Club Drive Re: Request for waiver of 151 Club Drive (re: #1702460000) per code ordinances 24-187 We are requesting a waiver to section 24-255, which addresses minimum lot size for any lots created after the regulation went into effect. Per section 24-107 of the Atlantic Beach code of ordinances, single family dwellings zoned RG-2 must have a minimum lot size of 5,000 square feet and a minimum lot width of 50'. See chapter 24, article III, entitled "Zoning Regulations". Per section 24-255, residential lots must be at least 75' in width and no less than 7,500 square feet unless approved as a part of a PUD. See chapter 24, article IV, entitled "Subdivision Regulations". Our proposed division of 151 Club Drive would create two 50' x 100' lots equaling 5,000 square feet each. The zoning is RG-2, and the property is not part of a defined subdivision but is legally described as a part of the "Hotel Reservation". We are respectfully submitting our request for a waiver based on the following: 1.) In 1982, the city allowed our mother, Elizabeth Frosio, to subdivide the original parcel (150' x 100') creating a 50' x 100' lot. The lot was sold and the proceeds were used to pay off the original mortgage. The requested second division of the property is a continuation of the original plan to further subdivide the property. Part of the proceeds from the sale of these lots will help provide for our mother's long-term care. She is the widow of a veteran killed in action in Vietnam. Her hardship is that her age, mental condition, and deteriorating health do not allow her to continue to live in or maintain a home, and she has moved to a nearby assisted living facility. The subdivision of the property will allow us to realize the maximum return the property would allow. We are asking the Commission to allow us to exercise our vested rights and to continue the process that the city allowed our family to start in 1982. 2.) The granting of this waiver will not be injurious to other adjacent properties. In fact, the existing house, a 1920's block home, is in disrepair and would be replaced by two new homes whose style would be consistent with the neighborhood. This helps adjacent property owners by eliminating a potential rental property and beautifying the street. Also, the surrounding property values would increase, and the city would benefit as well from an increased tax base. Club Drive already has one 50' lot with a home adjacent to the subject property. At the end of the street on the ocean is a 35' lot with a house. Directly behind the subject property is Sea Place condominiums, which is a very large multi-family unit. Immediately adjacent to the northwest corner of a~ AGENDA ITEM #8C ~, DECEMBER 13, 2004 `~ said property is another six unit multi-family development. Additionally, The Cloisters, and Le Chateau are around the corner and are also multi-family units. Certainly, two new single-family homes on 50' lots are consistent with the neighborhood. ~„ 3.) The conditions upon which this request for a waiver is based are particular to this property. They are not generally applicable t_o other properties and do not result from actions of the applicant. 4.) The waiver is consistent with the intent and purpose of this chapter; The Comprehensive Plan and the Requirements of this Article. Section 24-107, in Article III, clearly states the minimum lot width is (50') and size (5,000 square feet) for RG-2 zoning. On the other hand, Article IV, entitled "Subdivision Regulations" has different minimum requirements, i. e., 75' width and 7,500 square feet (Sec. 24-255). Furthermore, our property is not a platted subdivision but is a part of the "Hotel Reservation". Thank you for consideration of this matter. Sin rel .~ . ~k Bob Frosio Kathy Frosio oss Al Frosio Mary Frosio ~. ~. 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