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Item 7A - Ordinance 90-15-223AGENDA ITEM: SUBMITTED BY: DATE: STRATEGIC PLAN LI NK: CITY OF ATLANTIC BEACH C ITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #7A .JANUAR\' 26,2015 Ord ina nee 90-15-223 to a111cnd Sc~t?;J 4 of th e City Code o f Ordinan ces re la ted to Throu g h Loy~ Jeremy Hub sch Bui ldin g and Zo nin g Director Dece mb er 23, 20 14 No ne BACKGROUND: On Aprill4, 2014, th e City Co mmiss ion pa sse d Ordinance 90-14-222 as presented by the form er Bui ldin g Director. Th is ordinance spe cifically relates to th rough lots between Beach Avenue and Ocean Bo ul evard. The co de prior to t his ordinam:e had a spec ial provision whi ch sta ted that on thro ugh lots between Beach and Ocean, the fro nt yard was to be Ocea n 13ou leva rd and th e rear ya rd Beach Avenue. Thi s mea nt that de tached gara ges co uld be bui lt within Y to I 0' of Beach Avenue, dep end in g on th eir height. The code cha nge th at was impl emented in April too k away the spec ia l prov ision lh at a llo we d th e rea 1· yard to be on Beach Avenue. Th e code now reads th at through lots between Beac h and Ocean a rc to be treate d the sa me as thr ough lots e lsew here in th e city. On tlu·o ugh lots elsew here in the city , both stree t facing sides of the prop etty are co nsid ered th e fl ·o nt ya rd. This mea ns that yo u cannot build detached gara ges, poo ls, or other accessory s tructures within 20 fee t of th e street on eith er stree t frontage. The co de sec ti on that previously allowed sp ec ia l co nsid erati on for thro ugh lots between Beach and Ocean was in pl ace beca use of the uniqu eness of Beach Avenue. Beach A ve nu e is in ma ny ways as mu ch of' an alleyway as it is a ro ad. 1t is cons id ere d th e r ea r yard for oceanfront homes , a nd has hi.s tori ca lly bee n th e rea r ya rd for homes on throug h lots be tween Beach and Ocean. As such , it is l i.ncd with detached garages and garage apartm ent s. The Co mmunity Deve lopment Bo ard vo ted 6-0 at th e October 2 l s1 me eting to re turn Section 24- 84 code to it s prior slate, allowing Beach Avenu e to be the rear ya rd fo r throu gh lots between Beach and Ocean. BUDGET: None . RECOMMENDATlON: App rove Ord in ance 90-15 -223, ame ndm ent o f Secti on 24-84 ATTACHMENTS: Pt·o posed Ordin ance 90-15-223 REVIEWED BY CITY MAN AGER: -\,._....-'l-LZ-.~-/'-/,<:./~-·2'"«<1C!-~v,.,c...?0..Joo(d!A.{~"{---------- ORDINANCE NO. 90-15-223 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 4, SECTION 24-84 OF THE CODE OF ORDINANCES, LAND DEVELOPMENT REGULATIONS, TO AMEND CONDITIONS OF LOTS EXTENDING BETWEEN BEACH A VENUE AND OCEAN BOULEY ARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM# 7 A JANUARY 26, 2015 WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that it is necessary to amend Chapter 24, Article III, Division 4, Section 24-84 of the Atlantic Beach Code of Ordinances. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. That Section 24-84 of the Code of Ordinances, specifically the Land Development Regulations of the City of Atlantic Beach, Florida, is hereby amended to read as follows: Sec. 24-84. Double frontage lots. (a) Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in section 24-88 (b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean. (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach A venue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. ORDINANCE NO. 90-15-223 Page 1 of2 AGENDA ITEM# 7A JANUARY 26, 2015 SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of any other ordinance, then the provisions of this ordinance shall govem. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 12th day of January 2015. PASSED by the City Commission on second and final reading this 26th day of January 2015. ATTEST: DONNA L. BARTLE City Clerk CAROLYN WOODS Mayor, Presiding Officer Approved as to fmm and conectness: RICHARD KOMANDO City Attomey ORDINANCE NO. 90-15-223 Page 2 of2