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10-17-17 Agenda Packet                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / October 17, 2017 / 6:00 PM Commission Chambers / 800 Seminole Road 1. Call to Order and Roll Call. 2. Approval of Minutes. A. Minutes of the July 18, 2017 regular meeting of the Community Development Board. 3. Old Business. 4. New Business. A. ZVAR17‐0004 PUBLIC HEARING (Nathan Howell) Request for a variance as permitted by Section 24‐64, to decrease the minimum parking dimensions of nine feet by eighteen feet as required by Section 24‐161(g)(1) to nine feet by thirteen feet in order to install a fence in the front yard at Ocean Grove Unit One the North 54.15 feet of Lot 2, Block 6 (aka 46 Coral Street). B. ZVAR17‐0005 PUBLIC HEARING (Kayla Sim) Request for a variance as permitted by Section 24‐64, for relief from the Section 24‐88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials and for relief from the Section 24‐88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in a continuous sequence to allow the addition of an open porch in the rear at Aquatic Gardens, Lot 17‐ D (aka 720 Aquatic Drive) C. ZVAR17‐0007 PUBLIC HEARING (Zachary Crabtree) Request for a variance as permitted by Section 24‐64, to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12‐C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12‐C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12‐C Lot 4 (aka 1865 Live Oak Lane). D. UBEX17‐0003 PUBLIC HEARING (Eric Luman) WITHDRAWN Request for a use‐by‐exception as permitted by Section 24‐111(c)(3), to allow on‐premises consumption of alcoholic beverages in accordance with Chapter 3 of the code at 1237 Mayport Road. 5. Reports. A. Administrative Variances Approved (None) B. Automotive Service Station Moratorium Update 6. Adjournment. All information related to the item(s)included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may atte n d the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed and videotaped. The video is available at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City not less than three (3) days prior to the date of this meeting at the address or phone number above.     October 17, 2017 Community Development Board Agenda Packet Page 1 of 75                                                                                                                                   October 17, 2017 Community Development Board Agenda Packet Page 2 of 75 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD July 18th, 2017 The meeting was called to order at 6:05pm. All members were present except for Sylvia Simmons, who was absent. Also present were Planner Derek Reeves, Board Secretary Grace Mackey and representing the firm Lewis, Longman and Walker, Mrs. Brenna Durden. of the May 16th, Community Development Board 3. NEW BUSINESS. 1. CALL TO ORDER AND ROLL CALL. 2017 Regular Meeting of the 2. APPROVAL OF MINUTES. Ms. Lanier motioned to approve the minutes as written. Mr. Reichler seconded the motion. The motion carried unanimously. A. Minutes A. ZVAR17‐0003 PUBLIC HEARING (Richard Merriam) Request for a variance as permitted by Section 24-64, to decrease the side yard setback from a combined 15 feet with a minimum of 5 feet on either side as required by Section 24- 106(e)(3) to a combined 13.5 feet with a minimum of 3.5 feet on one side at Atlantic Beach Subdivision A Lot 29 Block 10 (aka 362 Plaza). Chair Paul announced that agenda item A, application ZVAR17‐ 0003 for 362 Plaza, had been withdrawn as the applicant was no longer seeking a variance. Page 1 of 6                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            October 17, 2017 Community Development Board Agenda Packet Page 3 of 75 meeting, the applicant has modified the parking arrangement along East Coast drive, however, there will still be parking directly along this street. He explained that prior to this construction, the applicant would need to go through the full permitting process with all applicable City Departments. He then noted that the current request was for a re‐plat of the property and as such, the Board would be recommending approval or denial of this plat request, not of the B. PLAT17‐0004 (Ahern TH Project LLC) Request for re-plat approval as required by Section 24, Article 4 of the Code of Ordinances at Atlantic Beach Subdivision A, Lots 2, 4, 6, 8, 10 and 12 Block 2 (54 East Coast Drive, 329 and 331 Ahern Street). Staff Report Planner Reeves explained that the future land use of the properties includes Residential Medium (RM) and Residential General Multifamily (RG He then explained that the proposed plan is to construct a 12‐unit townhome development, consisting of four, three story buildings where each unit will have a two‐car garage. Staff then displayed the proposed site plan, which showed that there would be two driveways which would be accessed through East Coast Drive. This issue had been discussed at a prior meeting of the Community Development Board, when the applicant requested a variance for the proposed construction. Since this ‐M) zoning. This properties are adjacent to a single‐ family zoning district to the North, and the central business district to the South. slightly proposed construction, to the City Commission. Previously, the units were going to be considered condos with a condo association maintaining the ownership of the units. If this re‐plat requested were approved, the units would each be individually‐owned townhomes. The property then, would be divvied up into 12 individual parcels with independent ownership. Staff noted that there is an existing easement on the West side of the property that will remain in place, to allow a driveway access to the adjacent property for the residents who live there. There are also ingress and egress as well as utility easements covering much of the property, other than where the units will be. At this point in Page 2 of 6                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    October 17, 2017 Community Development Board Agenda Packet Page 4 of 75 time, these easements have not been legally reviewed by City Staff nor by the City Attorney. Staff noted that this would be a requirement prior to sending the application to City Commission. An approved re‐plat is required in this circumstance because the applicant wishes to subdivide their property into 3 or more parcels. The property is just under 0.9 acres, allowing for 12.6 units total. They are proposing to construct 12 units. Chair Paul questioned if this re‐plat request would possibly have to be modified then brought before the Board again if the easements are found to be inadequate or inappropriate. Staff replied that the easements on the property should not affect the re‐plat proposed tonight. Instead, the review of the easements will help give shape to the legal language of this re‐plat. Mr. Stratton referenced the meeting of the Community Development Board where this application was previously brought before them. He commented on the concern that was raised at that meeting, regarding the driveways which would exit onto East Coast Drive and the effect that would have on the traffic at that intersection (of East Coast Drive and Ahern St.) He asked staff what the parking and driveway situation would be entering and exiting East Coast Dr. with this current re‐plat request tonight. Staff explained that with the currently proposed parking layout, the units along East Coast Dr. would each have two parking spots in their garages, and would share a drive aisle to gain access to and from these parking spots. This drive aisle would be regulated by easements for ingress and egress, so that it would remain clear for all units to properly access their parking spaces. Mr. Reichler commented on the [Community Development] Board’s responsibility to ensure that anything they are approving meets the requirements and goals of the City’s Comprehensive Plan and Land Development Regulations. He asked whether or not any City Staff had reviewed this re‐plat request to make sure that it does meet these criteria. Staff responded that while minor tweaks to the request may need to be made at final permitting, the project proposed was consistent with the City’s Comprehensive Plan and Land Development Regulations. Mr. Reichler asked Staff if the applicant’s landscape plan was consistent with the City’s requirements regarding tree mitigation. Page 3 of 6                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               October 17, 2017 Community Development Board Agenda Packet Page 5 of 75 Applicant Comment Staff replied that he did not believe it did, however, he was still doing the calculations for this proposed plan. Mr. Mandelbaum questioned whether or not the Plat request complied with all applicable City legislation. Staff replied that it did meet such criteria. Chair Paul clarified that the application was being brought before the Community Development Board due to the number of parcels being created through the parcel split. Rick Johnston, 3528 Ocean Drive, Jacksonville Beach, FL 32250, introduced himself as the applicant. He explained that at a prior meeting of the Community Development Board, he presented an application for a variance as the structures were going to originally be condos, but that he withdrew that application due to the tension present at the meeting. Following the meeting, he met with some of the neighbors near his property and worked with the City of Atlantic Beach’s Public Works Department to try and address any issues that came up in the conversations. He added that along with these changes, he added a wider sidewalk along the street in addition to more parking spaces, while trying to maintain the integrity of his design. Mr. Johnston then commented on the easements on site. He stated that he had met with the City’s Public Works Department to discuss these easements along with the Water and Sewer utilities on‐site. He noted that they also have worked with JEA to plan out how the electric utilities will be tied in to the buildings. The applicant then went on to discuss his landscape plan, specifically, the trees they chose to keep on‐site versus those they need to remove. Mr. Johnston then spoke to the drive aisles which would enter and exit off of East Coast Drive. He stated that he tried to take into account the residents who would be immediately effected. At the same time, he did not find another parking option. Mr. Elmore questioned what the length of the property was along Ahern Street and East Coast Drive. The applicant responded that Page 4 of 6                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          October 17, 2017 Community Development Board Agenda Packet Page 6 of 75 4. REPORTS. No Administrative Variances have been approved since the last Community Development Board Meeting. Mr. Reichler asked Staff about the status of the Selva Preserve application. Staff commented that the application is still under review by City Staff. He noted that all Departments have given the applicant comments and are awaiting a response. Mr. Reichler then asked for a status update on the CRA and on the proposed rezoning ordinance for the Mayport Overlay District. Staff replied that the CRA was under discussion amongst staff and that Public Comment Board Discussion Motion the length along Ahern Street is 300 feet, while the length of the property along East Coast Drive is 130 feet. Mrs. Paul opened the floor to public comment. With no speakers, public comment was closed by Mrs. Paul. Mr. Reichler commented that while he was not personally in favor City’s Comprehensive of the proposed design of the proposed construction, he could not vote against the application before the Board so long as it was consistent with the Plan and Land Development Regulations. Chair Paul clarified that the Board was only voting on the approval or denial of the applicant’s request to subdivide the lot, per their Plat Request. Ms. Lanier commented that she believed the design presented to the Board for the proposed development to be consistent with the surrounding community. At the same time, she expressed her concern for the ingress and egress points along East Coast Drive, in light of the traffic along that road. Mr. Elmore moved to approve application PLAT17‐0004 as it was presented. Mr. Reichler seconded the motion. The motion carried unanimously. A. Administrative Variances Approved Page 5 of 6                                                                                                                                         October 17, 2017 Community Development Board Agenda Packet Page 7 of 75 the ordinance proposal would be brought before the Board next month at the regular meeting of the Community Development Board. He mentioned that noticing has already taken place for this ordinance. 5. ADJOURNMENT. Mr. Elmore moved to adjourn the meeting at 6:42pm. Chair Paul seconded the motion. The motion carried unanimously. _______________________________________ Brea Paul, Chair _______________________________________ Attest Page 6 of 6     October 17, 2017 Community Development Board Agenda Packet Page 8 of 75         October 17, 2017 Community Development Board Agenda Packet Page 9 of 75 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO ZVAR17-0004 Request for a variance as permitted by Section 24-64, to decrease the minimum parking dimensions of nine feet by eighteen feet as required by Section 24- 161(g)(1) to nine feet by thirteen feet in order to install a fence in the front yard at Ocean Grove Unit One the North 54.15 feet of Lot 2, Block 6 (aka 46 Coral Street). LOCATION 46 Coral Street APPLICANT Nathan Howell DATE October 10, 2017 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Nathan Howell, the owner of 46 Coral Street located on the south side of Coral Street between Coquina Place and Beach Avenue. The property is a platted lot that is 50 feet wide and 54.15 feet deep. The zoning for this property is Residential, General, Multi-Family (RG-M) and the future land use designation is Residential Low Density (RL). A variance is needed to reduce the existing parking dimensions from 19.1 feet wide by 18.5 feet deep to roughly 19.1 feet wide by 13 feet deep in order to install a fence across the existing driveway. Section 24-161(g)(1) requires parking space dimensions to be a minimum of 9 feet wide by 18 feet deep, except that smaller dimensions may be provided for single-family residential lots, provided that adequate onsite parking is provided to accommodate two (2) vehicles. The proposed fence would cross the existing driveway, roughly 13 feet from the front (north) property line. The fence would be located 5.5 feet north of an existing wood deck to allow for installation of a gate that would connect the wood deck to the small lawn area in the front yard. In the application, the applicant suggests that installing the fence and two gates is the only feasible option to connect the wood deck to and enclose this lawn area. With the reduced parking dimensions, vehicles parked at this property will likely have to locate partly in public Right of Way. Ten (10) feet of concrete exists between the edge of pavement on Coral Street and the applicant’s northern property line. Currently, no sidewalk exists between the edge of pavement and the applicant’s property line. 13’ 10’ 19.1’       October 17, 2017 Community Development Board Agenda Packet Page 10 of 75 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated in their application that the townhome adjacent to the applicant’s has a driveway that is the same length as the plan being requested and that the neighbor has received no complaints from the City. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated in their application that the fence being requested is the only feasible option to connect the small lawn in the front yard to the deck area for the dogs to use the restroom and for future children to remain safe from the street. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. The applicant stated in their application that the lawn is positioned away from the front entrance. Thus, enclosing the lawn area with a fence and connecting the lawn area to the existing deck will allow the dogs and children to remain safe. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 2 of 3       October 17, 2017 Community Development Board Agenda Packet Page 11 of 75 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0004, request for a variance as permitted by Section 24-64, to decrease the minimum parking dimensions of nine feet by eighteen feet as required by Section 24-161(g)(1) to nine feet by thirteen feet in order to install a fence in the front yard at Ocean Grove Unit One the North 54.15 feet of Lot 2, Block 6 (aka 46 Coral Street), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. A variance may be granted, at the discretion of the community development board, for the following reasons: (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. (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. Or, The Community Development Board may consider a motion to deny ZVAR17-0004, request for a variance as permitted by Section 24-64, to decrease the minimum parking dimensions of nine feet by eighteen feet as required by Section 24-161(g)(1) to nine feet by thirteen feet in order to install a fence in the front yard at Ocean Grove Unit One the North 54.15 feet of Lot 2, Block 6 (aka 46 Coral Street), upon finding this request is not consistent with the definition of a variance, or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. Page 3 of 3 '7.-V Af! \1--00 olf SEP - 5 2017 APPLICATION FORA VARIANCE City of Atlantic Beach . 800 Seminole Road . Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 . FAX (904) 247-5845 . http://www.coab.us Date ---=:.?i-L-Y=-.:...11/1----4-/---'-1___ File No.,___________ 4. Property Appraiser's Real Estate Number _________________________ 5. Current Zoning Classification f\U'\~rv\ LR..e-:,J,. Comprehensive Plan Future Land Use designation I'J 'A.. 7. Provision from which Variance is requested_tJ=.!.f'\-'---______________________ 8. Size of Parcel_----'N-".'....I.\\-'---_________ 9. Homeowner's~~ociation or Architectural Review Committee approval required for the proposed construction. DYes ~o (If yes, this must be submitted with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. 11. Provide all ofthe 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 aU purposes related to this application must be provided. b. Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where original plans. photographs or documents larger than llx17 inches are submitted. Please provide eight (8) copies of any such documents. d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH TmS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): --=N-,!JIA~~I...\j\ilU;_________________\"U."".:..._=_,~__=_o~.:....:..J_=_e...:....\\ Signature(s): 11~·1cf:;;;;I{ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDIN: TIllS APPLICATION Name: ~1A-\k%. k\~vJt ~\ Mailing Address: Wk ((I)f()"\ ~He i't. A\\~~-L-G tlA.L~r-L 3Z-l 3 3 Phone: (q04) m-"'MO~ FAX: i _ E-m: ~~wdl '&{ti2 3.w1,{,",,- October 17, 2017 Community Development Board Agenda Packet Page 12 of 75 The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided. (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for the following reasons . o (1) exceptional topographic conditions of or near the property. ______________ ri(2) M(3) or circumstances impacting properties. ~~~~=--=~~~~~--~~~~~~~~~~~) o (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. _________________ ri (5) o (6) substandard size ofa Lot of Record warranting a Variance in order to provide for the reasonable Use of the property . __________________________________________________________ (e) Approval of a Variance . To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent oftbis Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval ofa Variance. (b) Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void . 0) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. October 17, 2017 Community Development Board Agenda Packet Page 13 of 75 October 17, 2017 Community Development Board Agenda Packet Page 14 of 75 Doc # 2016113297, OR BK 17567 Page 2351, Number : 2, Recorded 05/19/2016 at 11:24 AM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING 8.50 DEED DOC ST $2982.00 PREPARED BY, RECORD AND RETURN TO: Osborne & Sheffield Title LLC 4776 Hodges Boulevard, Suite 206 Jacksonville, Florida 32224 File #: 16-339A Parcel Identification Number: THIS WARRAt~Y DEED made this 12th day of May, 2016, by PPM Coastal, a Florida limited liability company, called Grantor, whose post office address is 411 Walnut Street Florida to Nathan Howell and Mia R. Montanye, husband and wife, hereinafter called Grantee, and whose post office address is 46 Coral Street, Atlantic Beach, Florida 32233. (Wherever IIsed herein the term "grantor" alld ..gra ..t.... inchlde aU the parties to Illis instrument ~lId Ibe heirs. lega' representatives lind assigns of illdh'idllais and Ibe successors lIlId assigns of corporations). WIT N E SSE T H: THAT the Grantor, and in consideration of the sum Ten No/I 00 Dollars ($10.00) and other valuable acknowledged, hand paid by said the lS said Florida, unto the The North of Lot 2, Block 6, Ocean Grove, Unit No.1, according to the plat thereof as recorded in Plat Book 15, 82, of current Public Records of Duval County, Florida. SUBJECT TO taxes accruing subsequent to LJ'"",,,iLl 31, 15. Sl;BJECT covenants, restrictions and easements record, if any; however, reference shall not operate to reimpose same. TOGETHER with all the tem~me:nts, ed!tanlents and rrte:mrtlC€)S thereunto belonging or anywise TO HAVE AND TO HOLD same in fee AND the Grantor hereby covenants with said Grantee that Grantor is lawfully of said land in fee simple; that the Grantor has good right and authority to sell and convey land; that the hereby fully warrants the to land and will the same the lawful claims whomsoever; land is free Page 1 of2 October 17, 2017 Community Development Board Agenda Packet Page 15 of 75 OR BK 17567 PAGE 2352 IN WITNESS WHEREOF, the said Grantor has set hand and seal the day and year first above PPM LLC, a Florida limited liability company, a Florida limited liability company Millera/kla Miller, III foregoing instrument was acknowledged Bert Miner aM3 Edwin Bert Miller, III, as Manager of liability company, on behalf of the company, who valid me P n y or haslhave produced -----+.1'--:."'--+-----;;,- My Commission Expires: (Notary Seal) Warn"'y DcOO (Company 10 Individual) 20f2 October 17, 2017 Community Development Board Agenda Packet Page 16 of 75 l' IRON PIPE ~ ~~ ~~~ )...~Ultl ~ ~~ ~~'-5~ ft ~~~ S~~~,<:):::; ~ ~~ ~B U MAP SHOWING BOUNDARY SURVEY OF THE NORTH 54.15 FEET OF LOT 2, BLOCK 6, ACCORDING TO THE PLAT OF oeEAMJ UQWI:~ _ JUT NJQ~ 1] AS RECORDED IN PLAT BOOK 15, PAGE(S) 82 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CERTIFIED TO: NATHAN HOWELL, MIA MONTANYE, FIRST AMERICAN TITLE INSURANCE COMPANY, WATSON MORTGAGE CORP. AND OSBORNE & SHEFFIELD TITLE SERVICES, LLC CORAL STREET (40' RIGHT OF WA y) 50.33' C...) 50.00' (R) THE NORTH 54.15' OF LOT 2, BLOCK 6 1/2" REBAR 50.00' (R) 49.83' (Iol) PLS 4177 (0 ~ U l 0 ...J CD I­I~ 0 ...J 0.2' 0.9' O.B' WOOD FENCE ON UNE " .~' :­ • ~ ~. 4,' , • . ' ..... II ., . " ~';'>: /.:~O::.:?: :::~; ::.:~ : p ~ '.-' , ' . • -N&:D '.... :'-. L· . LB 3857 , "" _, : 6 ...... . .'. { '.: ........... .. ..... . I;"" ,.; _· ~:;8.-~;t:' ~1.5.~\~ <~') " LBN~.Ps8 50.00' (R); ' ~ '. ~e5'~. :~ : ~ ' ~ " ' :.'" N&D I­o -l THE NORTH 54.45' OF LOT 3, BLOCK 6 50.00' Clol) ~: . 8 5 : "','.-,<'>z .~.. • • .. .. LB 5488 .,:. ".(,) S;.:· ~.' 0 -": :. >•.,'0.. 35' SOUTH 2-STORY FRA ...E ' . . .• <,,:'r«~><'~ 0~iO~O~~BL~~5~ RESIDENCE NO. 48 :">'.:.>: ;:, ' ." THE SOUTH 60.85' OF LOT 2, BLOCK 6 ,.' ".1 '. ¥ • . . FLOOD ZONE "X" -AREAS DE1D!IotINED TO BE OUTSIDE 1l£ 0.2lI: ANNUAl CHANCE flOOD PLAIN / flOOD ZONE "X (SHADED)" -AREAS OF D.2lI: ANNUAl CHANCE flOOD; AREAS OF 'X ANNUAl CHo\IIC'£ WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE IoIILE; AND AREAS PROTECTED BY LEVEES FROIoi IX ANNUAL CHANC'£ flOOD. 3846 BlANDING BOULEVARD JACKSONVILLE, FLORIDA 32210 904-771 -6468 CERTIFICATE OF AUTHORIZATION NO. LB 0005488 I HEREBY CERTIFY THIS SURVEY WAS DONE UNDER MY DIRECT SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING PURSUANT TO CHAPTER 5J-17.050 THROUGH 17.052. FLORI ADMINISTRATlVE CODE. CHAPTER 472 . F.S . /1 GENERAL NOTES: 1. ANGlES ARE SHOWN ON lHtS SURVEY. Z. STRUCTURE NO. £ SHOIWol HEREON UES MlHJN flOOD ZONE X AS !lEST DETERIoIINfJ) FROM F.E.IU. flOOD IoIAPS PANEl. NO• .iIli DATED 06-03-2013 . J. THIS IS A SURFACE SU~Y ONLY. THE EXTENT OF UNDERGROUND FOOllNl>S, PI'ES AND UTIUTIES, IF ANY. NOT DETERIoIINEO. 4. ..\IRISOIC11ONAl AND/OR ENViRONIoiENTAlLY SENSllIVE AREAS IF ANY, NOT LOCATED BY THIS SURVEY. 5. THIS SURVEY BASED ON LEGAl DESCRIPTIONS FlJRNISHED. THE PUBUC RECORDS WERE NOT SEARCHED BY THIS SURVEYOR FOR tASElIENTs, 1111.£, COVENANTs, B.R.L.'S RESTRICTIONS, CLOSURES, TmNGS OR ORDINANCES. ETC. 0. UNLESS OTHER\\ISE STATED AlL IRON PIPES FOUND HAVE NO IDENTIFICATION . AC a AIR CONDITIONER LEGEND/ABBREVIATIONS PLS = PROFESSIONAl. LAND SURVEYOR BRL • BUILDING RESTRICTION LINE PSM '" PROFESSIONAL SURVEYOR I. KAPPER BT • BUILDING TIE R = RADIUS BTN • BETWEEN (R) = RECORD CI.R • COVENANTS I. RESTRICTIONS RLS '" REGISTERED LAND SURVEYOR CH • CHORD RIll • RIGHT OF IIAY ( CNR) '" CAN NOT READ C[JIIC '" CONCRETE COVD • COVERED EB • ELECTRIC BOX ET = ELECTRIC TRANSFORMER I. PAD JEA a JACKSONVILLE ELECTRIC AUTHORITY L • LENGTH OF ARC LB c LICENSED BUSINESS LS '" LICENSED SURVEYOR o . . . . . . .. . . . . . . . . -SET IRON PIPE OR REBAR •ASSOC SUR\/" OR L.B. 54B8 •..• • . ... . .. 'FOUND IRON PIPE OR PIN (lP) • ... .. . •. 'FOUND CONCRETE IIONUIoIENT (Clot) II .... . . .... .. ... -CROSS CUT OR DRILL HOLE CIl ' . .. .. . . . . . . . . . . . . . . . . . . . . . -NAIL '" DISC -X-X-X-X-X-X-X-CHAIN UNK FENCE -1-1-1-1-1-1-1­IoIETAl FENCE _-l1--li--... II W W WIRE FENCE( M) • MEASURED nnnnnon WOOOF'ENCENI.D • NAIL I. DISCERTIFICATE NO. 3771 ClCCCCC~ VlNYlFENCEORB '" OFFI CI AL RECORDS BOOK ~OVERHEAD UlIUTYDRY • OFFICIAL RECORDS VOLUMECERTIFICATE NO. 4579 ~ . ...... . . . . . . . . . . . . • • . . . 'FIRE H'tt>RANTPC c PO I NT OF CURVE Q! ...... ............... .... .pHONE RISERCERTIFICATE NO. 6132 PCC • POINT OF COMPOUND CURVE I:8J .. ....... .......... .. .. ...WATER IoIETERPEQ • POOL EQUIPMENT PAD PI a POINT OF INTERSECTION 'U. .. . . .. ...... ....... . . .... . VllUTY POLE " •...• •...••.• .... •....• •...• -otAMETERJOB NO. 66802 DATE 05-03-2016 PRC • POINT OF REVERSE CURVE PRM • PERMANENT REFERENCE MONUMENT ~................ ....... .. {;uY ANCHOR SCALE : 1" = 20' DRAFTER WF PT a POINT OF TANGENCY NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER October 17, 2017 Community Development Board Agenda Packet Page 17 of 75     October 17, 2017 Community Development Board Agenda Packet Page 18 of 75     October 17, 2017 Community Development Board Agenda Packet Page 19 of 75 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO ZVAR17-0005 Request for a variance as permitted by Section 24-64, for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in a continuous sequence to allow the addition of an open porch in the rear at Aquatic Gardens, Lot 17-D (aka 720 Aquatic Drive). LOCATION 720 Aquatic Drive APPLICANT Kayla Sim DATE October 10, 2017 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Kayla Sim, the owner of the townhouse located at 720 Aquatic Drive in Aquatic Gardens. This townhome is the end unit of a four unit building that was built in 1986. The property is located in the Residential General Multi-Family (RG-M) zoning district and its Future Land Use designation is Residential High Density (RH). A two-part variance is needed to construct an open porch over existing concrete pavers in the rear of the townhouse. First, Section 24-88 (b) requires that “adjoining townhouse units shall be constructed of substantially the same architectural style, colors, and materials.” The installation of a composite roof and white support posts to create a porch in the rear of this townhome would result in an architectural style, colors, and materials different than those of the other attached units. Second, Section 24-88(c) requires that “adjoining townhouse units shall be constructed at substantially the same time or in a continuous sequence unless an existing structure is being renovated within the same building footprint.” The construction of the open porch would be independent of the other attached units and considered expanding the building footprint by City Code. The effective date of the ordinance that established the Code Sections that this variance is seeking relief from was January 1, 2002. The proposed roof of the open porch would extend 10 feet beyond the existing roof line and the proposed posts would be 10 feet beyond the exterior walls. This proposed location of the porch complies with setback regulations for the RG-M zoning district.       October 17, 2017 Community Development Board Agenda Packet Page 20 of 75 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (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. The applicant stated in their application that current use of the paved, uncovered patio area is intolerable on warm/sunny days and that other properties in the neighborhood have covered porches that provide them relief from such circumstances. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (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. Page 2 of 3     October 17, 2017 Community Development Board Agenda Packet Page 21 of 75 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0005, request for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in a continuous sequence in order to allow the addition of an open porch in the rear of the existing townhouse at Aquatic Gardens, Lot 17-D (aka 720 Aquatic Drive), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. A variance may be granted, at the discretion of the community development board, for the following reasons: (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. (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. Or, The Community Development Board may consider a motion to deny ZVAR17-0005, request for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in a continuous sequence in order to allow the addition of an open porch in the rear of the existing townhouse at Aquatic Gardens, Lot 17-D (aka 720 Aquatic Drive), upon finding this request is not consistent with the definition of a variance, or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. Page 3 of 3 ---.----------~-- SEP 1 8 2017 APPLICATION FOR A VARIANCE City of Atlantic Beach . 800 Seminole Road . Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 . FAX (904) 247-5845 . http://www.coab.us File No. ~\jA £ 1q..--00 Os­ 1. Applicant's Name 5/m. ,v,.,J//4 :/ ' 2. Applicant's Address Yo ADMit/II!-PI, ,41"/2P{": Ii'c.A. £1. 122ll 3 . Property Location ur; A4vJ-tIt! 01". Lt/;Nh~ ~.4. Et .362337 4. Property Appraiser's Real Estate Number _ ..... ....'K..!:/81L--...,.!::::....:z.c:...~~tJ~_______________/'-#1-"1 ...... 5. Current Zoning Classification _-4R-.-..t!:_____6. Comprehensive Plan Future Land Use deSignation ____ 7. Provision from which Variance is requested h~AI"'I('tr A'c...,)' t!ulle-A!1$ A'I-'irCc,) 8. Size of Parcel '1£ ,V if,. '9 9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction. DYes DNo (If yes, this must be submitted with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application . Statement and site plan must clearly describe and depict the Variance that is requested. ] 1. 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 oWller(s) for applicant to represent the owner for all purposes related to this application must be provided. b . Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where orielnal plans, photographs or documents larger than llx17 iuches are submitted. Please provide eight (8) copies of any snch documents. d. Application Fee ($250.00) 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature(s): --I-~,..a.<1Io.47"'c:~~==---\-'-=N~:...J..o<'-\--./L-------------------- ADDRESS AND CONTA INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS AprUC~:lON Name: 4LP R~;m § Mailing Address: /,2 a:£L ~vzf/eL,t) ,Jf/h L'I Joe -J:-4 £.1 J12 z r Phone: 9'~~ YU·tJe'!JFAX: E-maiI:.A'4NN.t/""U.#Uj?tu1as, P6 T .________ _ ______ ____._____________ _ ____________---.J October 17, 2017 Community Development Board Agenda Packet Page 22 of 75 (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the ComnrlUrlily Development for the following reasons. (I) topographic conditions of or near the property. ___ ~____________ from nearby properties.surrounding conditions or circumstances impacting the property exceptional circumstances the reasonable use of the property as cOlmpaI€:d to other "rc,,,p'rt..>~ In the~ea. ___________~.~________________________ (4) onerous effect of regulations enacted after or after of the property or after construction of upon the property. ~________._.~~. ______ (5) shape of the property warranting consideration. _____________ (6) substandard size of a Lot of Record """fT",," a Variance in order to provide for the reasonable Use of the property. __________________________________________~~_______________ (e) Approval of a Variance. To approve an for a Variance, the Community Development Board shall find that the request is in accordance with the terms and provisions of this Section and that the of the Variance will be in harmony with the Purpose and Intent of this Chapter. (I) Approval of Lesser Variances. The Community Development Board shall have the to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the and Intent of this (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting for re-submittal. If an application for a Variance is denied by the Community no further action on another application for substantially the same request on the same property shall 365 days from the date of denial. 0) to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to a Variance shall within six (6) months from the date of approval of the Variance. of good cause, may authorize a one time extension not to which time the V~iance shall become null and void. (j) A which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise by the Development Board, Development Director, upon exceed an additional six (6) months, October 17, 2017 Community Development Board Agenda Packet Page 23 of 75 October 17, 2017 Community Development Board Agenda Packet Page 24 of 75 I ... SlM KA'I";;.A Primary Site Address Official Record Book/Page Tile # 720 AQUAm: DR 720 AQUATIC DR 16982-01956 9417 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233 720 AQUATIC DR Property Detail Value Summary RE# 171818-5240 Tax District USD3 Pro!;!ertv Use 0100 Single Family i # of Buildings 1 legal Des<:. For full legal description see land & Legal section below Subdivision 03761 AQUATIC GARDENS Total Area 4229 2016 Certified 2017 In Progress Value Method CAMA CAMA Total Building Value $81,597.00 $85,415.00 Extra Feature Value $607.00 $547.00 Land Value (Market) $25,000.00 $25,000.00 Land Value {Agrlc.} $0.00 $0.00 Just (Market) Value $107,204.00 $110,962.00 Assessed Value $107,204.00 $109,455.00 Cap Diff/Portabllity Amt $0.00/ $0.00 $1,507.00/ $0.00 Exem!;!tlons $50,000.00 See below Taxable Value $57,204.00 See below include any official changes made after certification learn how the Property Appraiser's Office values property. Taxable Values and Exemptions -In Progress If there are no exemptions applicable to a taxing authority, the Taxa,ble Value 15 the same as the Assessed Value listed above In the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value ~.~.e.s.s.~~.. y'~!~.~..............,...........".............................J.1.~.?!~.??.:~.~ ~~~.y'~!.~~...........................................................J;g?J.~??.:g.~ ~.e.~~~9..Y.~!~.e..........................................................$,~£9.:,~?,?:.O.~ Homestead (HX) -$25,000.00 Homestead (HX) -$25,000.00 Homestead (HX) • $25,000.00 ~~.~~~.~~.~.d...~.~~.i.~2.,~9.~:.~~,~~~1.~~!...(~~!...........:..g.?~?2g.~9.2 .!j~.~~~.~~..~.~.~9.~~~...;.?~.:~.~.!P2~~2..\.H..~!..........~.J~.?'~.2~.2:£~ Taxable Value $84,455.00 Taxable Value $59,455.00 Taxable Value $59,455,00 The sale of this property may result in higher property taxes. For more Information go to Save Our Homes and our Prooerty Tax Estimator. 'In Progress' property values, exemptions and other supporting information on this page are part of the working tax roll and are subject to change. Certified values listed In the Value Summary are those certified In October, but may Sales History -, Book/Page Sale Price QualifiedlUngualified JVacant/Improved _!I Sal~,~~..~~... _. .y-.----.-..,.. ,..l',~_:~!~_s.:ru~~nt.IY~~_~~~.':•. ,' ......,-,...-... ~.-~~-.,,~~~ ,.,,-....~~...-.-----.--#._. &, .,.-,~~.-~--~-.-...,..........-..-~--.~-,---..,-.-,-..----~-- 16982-01956 . -_.'-" --..--' $140,000.00 WD -Warranty Deed Qualified11/17/2014 Improved , I -". Unqualified ImprovedWD -Warranty Deed14126-02052 7/17/2007 $46,000.00 I ImprovedWD -Warranty Deed Qualified09834-00048 12/20/2000 $77,000.00 I ImprovedUnqualified$100.00 QC -Quit Oaim06564-00229 8/8/1988 I ImprovedWD -Warranty Deed Unqualified$199,200.0006113-00317 4/4/1986 I.,.--...... - Unqualified Vacant$100.00 WD -Warranty Deed05935-02186 3/28/1985 I Unqualified Vacant$691,200.00 QC -Quit Claim05935-02177 2/12/1985 I ===-===. _._,.._.,, __._ ~~ture_D_~~~~?~_._" "...____"_,,_ Fireplace Prefab 1 38-71 17-2S-29E 2 AQUATIC GARDENS 3 LOT 17-D oj. Buildings '.J Building 1 Building 1 Site Address 720 AQUATIC DR Unit Atlantic Beach FL 32233 Building Type 0105 -TOWNHOUSE Year Built 1986 Building Value $85,415.00 Gross Heated ~ Area Area ............_ ...D_'".~ _ ....._,....... """""'-----.....,.~- Unfin Open Porch 150 0 Finished upper 360 360 story 1 Base Area 968 968 ~:~~:ed 24 0 Finished Open 4 0 Effective Area 30-'·_"""" 342 II 968 10 ll-~~z~·~·t·-·--··-·--···f'-23~..~oodoOo~--·I'·--"II Bedrooms I I Exterior Wall 8 Exterior Wall 16 Roof Struct 3 Roofing Cover 3 Interior Wall 5 Int Flooring 11 Int Rooring 12 Heating Fuel 4 Heating Type 4 Air Cond 3 8 Horizontal Lap 16 Frame Stucco 3 Gable or Hlp 3 Asph/Comp Shng 5 Drywall 11 Cer Clay Tile 12 Hardwood 4 Electric 4 Forced-Ducted 3 Central http://apps,coj.neUPAO_PROPERTYSEARCH/Basic/Detail.aspx?RE= 1718185240 112 October 17, 2017 Community Development Board Agenda Packet Page 25 of 75 I This PRe reflects property August. IBaths·por~h .. 2.000 .. Total 11506 11328 /1351 Roomsl Umts . 1.000 ... 1 Public Schools: By Stale law By Local Board Fl Inland Dist. Atlantic Beach Water Mgmt Dlst. SJRWMD Gen Gov Voted School Board Voted Urban Service DistJ Assessed Value $109,455.00 $50,000.00 $25,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $109,455.00 $25,000.00 $109,455.00 $50,000.00 Taxable Value $59,455.00 Totals last Year -. $1,242.37 $1,204.89 C'lssC'ldValllC'l Taxable ValllC'l last Year $107,204.00 ell 110,962.00 $107,204.00 $109,455.00 $57,204.00 $59,455.00 at the time of the original mailing of the Notices of Proposed Prc.I'lPr\v Taxes (TRIM in Property Record Card (PRe) The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed • • To obtain a historic Property Record card (PRe) from the Property Office, submit your request here: More Information :antad Us I Parcel Tax Record I GIS Map I Map this property on Google Maps I City Fees Record ttp:flapps .coj.netlPAO_PROP ERTYSEARCHlBasicfDelail.aspx?RE=1716185240 2/2 October 17, 2017 Community Development Board Agenda Packet Page 26 of 75 MAP SHOWING BOUNDARY SURVEY OF: LOT 17-D, AQUATIC GARDENS, AS RECORDED IN PLAT BOOK 38, PAGES 71 AND 71A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA 54' RIGHT OF WAY FOR DRAINGE AND UTIUTIES PER PLAT OF REPLAT OF ROYAL PALMS UNIT TWO "A" AS RECORDED IN PLAT SOOK 31, PAGE S 16-1 6D D I T C H TOP OF BANK FOUND 1/2" IRON PIPE!< 507·16'02"[ CORP #1704 '" 4 ' ~ SET 112" IRON PIPE DURDEN L.B. #6696 ---11­0-.6-,¥::l~7.-7'"1 15' EASEMENT FOR DRAINAGE, UTIUTIES AND SEWERS w> >­_ <t: (:t:3: O~ ° (f)~ (f)I S~ 1-­:::l 0 U lll /RADIUS=25.00' 500.00 ' N.T.S. LOT 17-C 2 STORY rRAME " COOUINA R£SiO£NC( ,726 30.00' 2 STORY FRAME & COQU INA RESIDENCE #720 CONCRETE. DRIVE 0) 0) I cci 0) I S = ;., ~ LOT 18-A <ri ~ ~"" I'<) II :'I"O.S' C'\J ~ (J) . 0, :~: FOUND'112" IR"N"''''I."....---j------,. CORP #1704 HDTE'S. THIS PROPERTY LIES IN FlOOD ZONE -AE (8FE=6)" PER FlOOD INSURANCE RATE MAP (FIRM), CITY OF AIlANT/C BfACH, COMMUNITY No. 120075, MAP/PANEL No. 120:JIC-0408-H, R£VJSED JUNE :J, 201J. BEARINGS BASED ON THE EA ST RIGHT-OF-WAY LINE OF AQUAnc DRIV£ AS BDNG N 07'16'OZ-W, AS PER PLAT. NO BUILDING RESTRICTION LINE BY PLAT. N.T.5. DENa rES NOT ro SCALE. CONC, DENOTES CONCRETE. SIoIH DENOTES SANm'RY MANHOLE. P.V.C. DENOTES POLYVINYL CHLORIDE (PLASTIC). AQUATIC DRIVE 50' RIGHT -OF -WAY CERTIFIED TO: KAYLA S. SIM BRANCH BANKING AND TRUST COMPANY CHICAGO TITLE INSURANCE COMPANY « (D I I <Xl <Xl t-t­o 0 --' --' THERE MAY BE ADomONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVfY THAT MAYBE FOUND IN THE PUBLIC RECORDS OF OWAJ.... COUNTY. FLORIDA. PONTE VEDRA TITLE, LLC/HATHAWAY & REYN OLDS, P.A. D U R DEN SURVEYING AND MAPPING. INC. 1825-B 3RD STREE T NORTH JACKSONVILLE BEACH, FLORIDA 32250 (904) 853-6822 Fa x 853-6825 LICENSED BUSINESS NO. 6696 I hereby certify that this survey meets the minimum technical standards as set forth by the Florida Board of Land Surveyors. pursuant to Section 472,027 Florida Statutes and Chapter 5J17 Florida Adm nlstratlve C SIGNED __""O"'CT.c>O""B>&.E"'R-"'23""-2..,0<.!1..:!4_____ SCALE: 1" -20' WORK ORDER NUMBER: 14410 THIS SUR~ NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED , 8-8607 October 17, 2017 Community Development Board Agenda Packet Page 27 of 75 )lished by the Aluminum Association of Florida. AAr Manual has been aoproved by the Florida r J Designed in Accordance with the AAF Guide to Aluminum Construction in Wind ar(!as S> o- referenced design COde 8'-4' Q 1.0 C! I"'l X I"'l 10'-0" 7'-6" 1'-6" I ~---------4J 1.0~I ~I 0 C! I"'l X I"'l Existing slab Existing slab 1" 18'-0" 7'-6" Q 1.0 C! I"'l X I"'l 1'-0" 7'-6" o 1.0 Q I"'l X I"'l Dr. Contractor LLC October 17, 2017 Community Development Board Agenda Packet Page 28 of 75 - TYPICAL APPEARANCE 6063-16 lYrlCN APPEARANCE SECTION Chapter 5 -Carports 1'< Patio Covers I Attached ««""--"-"---"---"---­3" xr S!ZE OF ANGLE AND FASTENING TO BY LOAD CO!'lDmON ______ 4" X 4­AIUM!NUI4 ", (BY 118' WAll TIlICKNESS) SlZE OF ANGLE AND FASTENING TO CONCRETE AND COLUMNS PER TAllLE 50< BY LOAD COllomON 4X~~~~~~~~~ SECTION 6061-T6 ANG~CEr TYPICAL APP ALUMINUM COLUMNS -------­ CONCRETE AND COLUMNS PER 1 ABLE 50< -" I! ~ :s i :E ::> iii ~ ~ :s i5 if.; zSIDE ElEVATION E . SIDE ELEVATION \? ~ ~ it ~ ::: a ~ " <> -0 M ~ g it -.J::==+I~L- I! ~ "' o ~ g ~ ~ >: g ~ " ~ t'; § "'~ :E ~ ~ '" ~ " g t: 3: ~ " 5 ~ " i ~ ~ ~ o ~ AAF GUIDE TO ALUf4INUM CONSTRUCTION IN HIGH WIND AREAS (2010 Edition) 2.0 Page 5 -10 Page 56 -15 Chapter 5 Ca rports !Ie Patio Covers Attached -Exposure S ~~ (U?I":..:q....r TI,)r,.\,., 9lJ) 2 AAF GUIDE TO ALU~lINUM CONSTRUCTION IN HIGH WIND AREAS (2010 Edition) 2.1 October 17, 2017 Community Development Board Agenda Packet Page 29 of 75 Chapter 5 ' Carports & Patio Covers I Attached (~'lh.nm{scl...xt ~~ T<7.h;·~ 50.4) D'!1' T"bie :'.fJ4: --,-,-,,,,,-,~: / / / \_-F,t:".tri1i'f\1 r.-cr T.'Il:>le '5Q) .. " =14 $MS-~~ loiJh\"" E ;;: ~ c. ;:; 5 ~ Q i: ;;; Q ~ 8 II' ~ i'll E! 5 z " ~ t;: ~ 8 ,;I PlI',l<' 5,12AAF GUIDE TO AlUMINUfvl CONSTRUCTION IN ~ 01 g 0 ~ § '" >: iE" ~ " '" i!:.. Q 2: Q:;; ~ ~ z E '" ""';:: ... a 11 ~ is ~ ... :$ ~ :;: " ::J z ~ UJ iE '"is ~ it ~ ~ '" " w i" " g !:: ll: ~ ~ i'i 0: 0 ~ Q ~ i'i ~ 8 ~ ., '"c... § c R ~ ~ Chapter 5 " Carports & Patio Covers I Attached ~ASTEN TO FASCIA WITH l,~ "0 x 12" 00 CE"NTER -~­ AlONG HEADER FASCIA Musr BE 2" NOMIIW., NOMINAL fASClA ''lAY El€ "UGI'1ENTEO TO 2", COMPQSITE ROOF PANEL CONNECTION TO HOST FASCA CO~IPOSITE ROOF PANEL CONNECTION TO HOST WALL eXTRUDED OR MlNIMUM ,()40 TiUCKNESS ROOF HEADER RECEIVING CHANNEl) WITH 'A"0 X LONG lAG SCREWS FOR LlJM&R HOST I STIlD' :liB"1! x 2Y,­ lOll(; F1ASOllRY liOlE\115 FOR MASONRY 11051';;; 16-O,C, TO ALUMINUM CONSTRUCTION iN HIGH WIND AREAS 2.0 ~--------~------­ f'Ip;,mWol! Imn Connection October 17, 2017 Community Development Board Agenda Packet Page 30 of 75 i (~'COP'fflIGHT 1010 •.oT TO SF. RfPRC'tlLQD IN WHOLE OR IN "AAT WCTHaJT THE \'''mE'' ""RI1ISSI0N OF THE AlUMINUM ASSOCIAnON OF HORIDA on""'" ~ G)" c 6 "' d :P r C Z ~ c ~ () o :z ~ ;U 9 c o :z z m ~ c iil OJ 5: " Cl ALLOWABlESPAt-6 for Edg~ Beilms or Intermediate Roof Beams in AMAched Coyers Table 502. C FOR Woo Zone = 110 MPH Expo,ure category B FOR a TYPE 0 Covero m o z Z J: G) J: ~ Z AllOwYABlE SPANS 'or Edge Beilmi or InterO'l!dlate Roo' 8eafT1!i In Attached Covers Table S02b o RlR Wind liJno ::; 120 MPH Exposure <:.alcgory B FOR a TYPE n Coyer» ;0 ~ N o o m Co c-: o " "J'" '".. V> OJ ~CoP'YRJQ1T 2010 NOT TO BE kEPRCOUCEO "" WHOlE. OR Irl PART WITHOUT THE WRITTHl PERMISSION Of mE AI .LW<1INU"" ASSOClAT10N OF FLORIo/!' d » E ~ z c :;:: 8 z ~ ;0 c 9 I ~m Extrusion (PJctile) cl Alloy. 600ST'5J6061T6 ,y ,y Of"'" ~ •OAn ~O" -r -lf·o·1 <'.0" I S' ·10", IiJte: Letter rouowiog span conespords to FaSlEning RequiJemertS" October 17, 2017 Community Development Board Agenda Packet Page 31 of 75 Chapter 5 -Carports & Patio Covers / Attached -Exposure B i§ ~ 5 ~ ~ >: ~ '" ~ 5 ~ ~ ~ ~ ~ a ~ 1, I I I Concr~te Slab Found~Uons & Monofithk" Footln9s (Dtotail Fl) l.bIe 50S (Type I) Exposure B t.llo;..",ble Tributar{ Lead WidV'is tor Solid Roofs TO;' 1 I 80ttDm Sal; Roots I Typo I (p.rt<alty Erdosoo) HQ igW. (In) I wrOth (!n) I Rtinfi.....cemene HO",ph 120 mph no "'pOlJ 1<0 mph !50 moh 4 R NoMnar Patio Sf~b (On!y) 4' -S'IJ ~ 3··l1Vl~ :)'-4'1:1· 2'· 11" 2··6'/1~ 16 12 :z E~ch liS 11'· ~'1. 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I." !'f l I :"/~~ :'-1.,,'-In)' "! -.!.1/ 1-'Z"7~:a" 16 12 2 Eo&. .5 14"h~-12'"3\4" 10'· 6" ~·O~~" 1'-10:"/" 16 16 2 Eo&. .;is 17'·6;'4" 14'-9 V~" 12 '-T 10'-101/." 9'-s\'>" zo 16 2 Eod\ _5 2\'-5\', tS'·OV'l" 15'·4'1:-11'. 1~ 11'-6 :'''' 24 16 2 ead\ .5 25'-4",," 21'·H4" IB'-P/~" IS'-7~,-IJ'-7¥,," 2; 2C 3 Eod\ is I 30'-2"-I 25'-4"-I 21'-7W I lS" 8 ' I !6'·;" 160 mp~. 2""9'/,· 6', 11" S'-3.¥',," 10'-1 ~4" 11'-I!'I," 14'-311).- Si o => ... ~ ~ pag.. 56 -13 AAF GUIDE TO ALUMINUr~ CONSTRUcnON IN HIGH WIND AREAS (2010 Edition) 2.1 Chapter 5 " Carports & Patio Covers / Attached-Expsoure B ~ <2 i'! 1/\0\...1:: rtV l C ".J ; V.~t11.1""'JoaI V./IIU!': e);(~ ~ ~ \I""A-II Vc.to.: .ry De<i<.n :OF LOADS WiDiHS ( ~Ef)){ OC<\N T-'.!l.ES) U'~ fE"ET Z""" '" Pr,,",,"~e " 6 7 S 9 ill ~ WI IS.'" -21j.o Il II 9 : S 7 • I 11\\ ~J.~ ·)11.9 II 9 • I • 5 \30 25.7 ·36.3 , 8 • ; 6 5 , \4" 29.' -'/,1 e 6 S ~ · , " i:I 151/ ",J -4IU 7 • 5 ., 4 J 0 1(,tl )9,1) ·55.n b 5 • ; • J , ~ , " c lin 21 .4 -31.6 I! 9 I 6 G 5w u 1~' 26.6 '31.6 9 7 6 , 5 S ':~ :;! ~ ~ 13() J;J.) -41 . 1 ~ • 5 5 , , ~ t<lel 36.1 . ~J.I · .S 1 , 1 ) G:i IY' 41.1'> ·.9t.7 • S · , J 1 .l 16<' 47.3 ·66.Ji , J , J I 2 ~ ~ 110 27.1 ·)3.2 • 7 C 5 ,.. •0 ! ,t2'1l n .) ·";5.5 7 , lJt) 3 1.9 -S3.4 • • • , 5 · · J 1 ) ,<0.' 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ZVAR17-0007 Request for a variance as permitted by Section 24-64, to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka 1865 Live Oak Lane). LOCATION 1865 Live Oak Lane APPLICANT Zachary Crabtree DATE October 10, 2017 STAFF Derek W. Reeves, Planner STAFF COMMENTS The applicant is Zachary Crabtree who is representing the owners of 1865 Live Oak Lane. The property is zoned PUD in the Selva Marina neighborhood and has an existing single family home. The owners are building a new outdoor kitchen and pool in the back yard of the property and would like to have that area covered by screen enclosure that would be 5 feet from the side property lines and 7 feet 10 inches from the rear property line. A variance is required for the screen enclosure because it does not meet the required setbacks of the PUD. This property is part of the Selva Marina Unit 12-C PUD and plat. The plat includes the southern portion of Hickory Lane, Dale Lane and the northern portion of Live Oak Lane. The PUD was approved in 1978 by the Commission and the plat was approved in 1980 by the Commission. The Covenants and Restrictions for the PUD, which are usually not enforced by a municipality, were provided to the City as the PUD’s governing text. The Covenants do define the City’s enforcement powers in the PUD. A copy is attached to the end of this report. Section III(D) of the Covenants states, “No dwelling, fence, wall, detached outbuilding, enclosed swimming pool or similar structure shall be located, placed, altered or permitted on any lot in said subdivision outside of the dwelling zone, except as hereinafter provided.” The dwelling zone is defined by setbacks of 20 feet in the front and rear and 10 feet in each side yard. Outbuildings, fences and pools are granted exceptions with defined setbacks of 5 feet from side and rear yards in addition to other requirements, but screen enclosures or enclosed     October 17, 2017 Community Development Board Agenda Packet Page 35 of 75 swimming pools are not. This would mean that they are required to meet the setbacks of the dwelling zone. The proposed setbacks of a 5 foot side yard and 7 foot 10 inch rear do not meet the setbacks of the dwelling zone. When reading the Covenants, there are several references to a Special Advisory Planning Board that is required to grant approvals in the PUD. However, this board no longer exists and the applicant has provided a letter from a former member stating the board became inactive in 2011. The Covenants then defer responsibilities to the City. Just as if a proposed project did not meet the City’s zoning code, it would have to get a variance, when a proposed project doesn’t meet the requirements of the PUD, it must get a variance. Historically, it appears that the City has not always recognized and enforced these Covenants, which has resulted in a hodgepodge of development in this PUD, and others with similar circumstances. This means that the City’s normal zoning code was applied. If the City’s normal zoning code was applied to this screen enclosure, it would be approved administratively as the side and rear yard setbacks are 5 feet for such a structure. Ultimately, staff would like to explore corrective measures for these PUDs that would address the nonexistent boards and to make zoning requirements consistent. Page 2 of 4                                           October 17, 2017 Community Development Board Agenda Packet Page 36 of 75 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (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. The applicant stated in their application that they are trying to rebuild the outdoor space in the form of a wood deck that they had before with a new screen enclosure around a patio and pool. (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. Page 3 of 4   October 17, 2017 Community Development Board Agenda Packet Page 37 of 75 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0007, request to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka 1865 Live Oak Lane), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. A variance may be granted, at the discretion of the community development board, for the following reasons: (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. (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. Or, The Community Development Board may consider a motion to deny ZVAR17-0007, request to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka 1865 Live Oak Lane), or it is not consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. Page 4 of 4 O c t o b e r 1 7 , 2 0 1 7 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 3 8 o f 7 5 O c t o b e r 1 7 , 2 0 1 7 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 3 9 o f 7 5 O c t o b e r 1 7 , 2 0 1 7 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 4 0 o f 7 5 O c t o b e r 1 7 , 2 0 1 7 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 4 1 o f 7 5 O c t o b e r 1 7 , 2 0 1 7 C o m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t P a g e 4 2 o f 7 5 ~~kt9~,fl!sL AITORNEYS AND COUNSELORS AT LAW R.R.CRABTREE CHARLES W. BROWN, JR. ZACHARY C. CRABTREE RACHEL R. TAUBE A. M. CRABTREE, JR. (1924-1995) 8777 SAN JOSE BOULEVARD BUIWING A, SUITE 200 JACKSONVIllE, FLORIDA 32217 TELEPHONE (904) 732-9701 TELECOPIER (904) 732-9702 September 25,2017 The City of Atlantic Beach Planning and Zoning 800 Seminole Road Atlantic Beach, Florida 32233 RE: Variance Application Property -1865 Live Oak Lane, Atlantic Beach, Florida 32233 Dear Sir or Madaam: Enclosed please find four (4) copies ofMr. and Mrs. Varkonda's ("Owners") variance application along with a check in the amount of Two Hundred Fifty Dollars and Noll 00 ($250.00) for the application fee. Also enclosed within the application itself is the Agent Authorization Form allowing our office to act on behalf of the Owners. If there is anything else you may need, please do not hesitate to contact the undersigned . Sincerely Yours, ~rabtre:= SEP 2 5 2017 October 17, 2017 Community Development Board Agenda Packet Page 43 of 75 SEP 25 2017 APPLICATION FOR A VARIANCE City of Atlantic Beach . 800 Seminole Road . Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 . FAX (904) 247-5845 . http://www.coab.us File No. ~ Date ----+'1+--/ ~--+sf--L.., It «.\1--0 OJ1' --'---­ 1. Applicant's Name -+"'''4-=:......:;~---lo...::.!........lro£~I.L...-'!...!.!<~~~~-=-_~U!LI!L:!!._=...!...-...JU:oaJ(-W~=.,-=t..::!:::::JI~~~ 2. Appli~nrsAddre~~~~~__~~_~~~~~~~~~~~~~~~~~~~~~~~~ 5. Current Zoning Classification PtA D 7. 3. Property Location 4. Property Appra iser's Real Estate Nu mber _--'----'--=-"-"__"""--_---"'---''-'-''''''­_____________ 6. Comprehensive Plan Future Land Use designation Provision from which Variance is requested....:...frJ~:......J:1f...lJ~L~~--..!1~II!....!~~~~~~~~~~=-.£lj~-~~4 S­~~.s. 8. Size of Parcel 1 0 X 10 C> 9. Homeowner's A~ociation or Architectural Review Committee approval required for the proposed construction. DYes ~No (If yes, this must be submitted with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. 11. 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 for which Variance is sought. c. Required number of copies: Four (4), except where original plans. photographs or documents larger than 11 xl'? inches are submitted. Please provide eight (8) copies of any such documents. d. Application Fee ($250.00) 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): _~:.t..J.L....!!~~A ~y c.. C -==-=...:....!.....:=£~=z,...... ~¥--~~_=..:..,r ~~+;~~~..:...._______ Signature(s): ~ ADDRESS ~NTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICAnON Name: -Zc:...C, bo.v ,/ G C.vJ...Jvee. /UJ....hcee L ac ~) G~O(A.I')1 e.A. . Mailing Address: 8777 ~m Tt# dlvdy 6(J.~. 4. 5fe.. '2.00, ~.,,; ft, Jl?/7 Phone: 10Y-7j2-'70 ( FAX: 1o¥-7]'l,-12()"'L E-mail ~~~C¥~~e£;YM1 .t:~. October 17, 2017 Community Development Board Agenda Packet Page 44 of 75 The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided. (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board , for the following reasons . o (I) exceptional topographic conditions of or near the property. ______________ o (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. o (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in thearea. ______________________ __________________ ~ (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property . S« ~.£4G.-... jf "f) f11 6 ,.......-Z5 o (5) irregular shape of the property warranting special consideration . ______________________ o (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. ___________________________________________________________ (e) Approval of a Variance. To approve an application for a Variance , the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (t) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter . (g) Nearby Nonconformity . Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board , the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. U) A Variance , which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. October 17, 2017 Community Development Board Agenda Packet Page 45 of 75 or lessen aesthetics of the community. ..r,n",rt ..,,, Statement of Reasoning for Variance an introduction, our office has pleasure of representing the of both Mr. Kevin Varkonda and Mrs. W. Varkonda ("Varkonda"), owners of Property located at 1865 Live Oak Atlantic Florida ("Property"). The Varkonda's purchased Property in June of201 After at the Property for five (5) they that back wooden deck to house was rotten and need of replacement. to being connected to their house, was a building structure and could not exceed setback requirements Selva Marina. replace the wooden deck, a contractor would need to bring the building structure up to current building codes provided Atlantic Beach. As building structure to brought to code, Varkonda's to the old wooden to include a paver outdoor kitchen, pool, and screened enclosure. They hired a local contractor to renderings of their intended upgrade. drawings are enclosed herein with this application. After the drawings were created, it became known that Selva Marina has 10 foot requirements rather than 5 foot setbacks allowed by the are not on the Marina Plat book 37, (attached hereto). upgrades that do not require a are the outdoor kitchen, the pool, and patio. However, to attach to screerled enclosure to the horne, it would need to be within the 10 foot under Selva If it were not attached to the horne, it would meet requirements 5 there is no way to create this structure without it to the Also variance application is a copy original survey and building structure house (wood deck) as as the new survey drawn with the dimensions of upgraded structure, which would be enclosed by a screen. Allowing for variance would cause the entire structure to be brought to building code for two reasons: 1) it would allow the pool to meet the fencing under the and 2) it would allow the rail to guests, invitees, and the like staying on paver The variance should be for the following reasons. The variance will not increase Impervious Surface of Property as it will be constructed on top of a portion building structure (wood deck) that is already deemed impervious part of the property. Furthermore, the screened enclosure will not increase or U,"""L'-''''';''" the minimum Lot Area or or width the Property nor will it affect light air of the adjacent properties. It will not patterns this area nor will it affect the surrounding property fact, it should enhance Property as well as the n October 17, 2017 Community Development Board Agenda Packet Page 46 of 75 Therefore, due to the onerous effects of the regulations enacted since the wooden deck connected to the home is now needed to be reconstructed, improved, and brought up to the current buildings code, it is necessary that the Varkonda's obtain a variance to allow for the entire new building structure deck, pool, outdoor kitchen, and screened enclosure to encroach into the setback requirements under Selva Marina PUD. While the screened enclosure was not present prior to this new improvement, it is necessary to carry out the same intent of the prior building structure. The pool and outdoor kitchen are already permitted structures and do not need the variance, but when creating the fencing surrounding the pool and the necessary guard rails to protect the patrons on the deck per Atlantic Beach's building codes, the screened enclosure allows for the entire proposals attached to fully comply with any and all requirements of Atlantic Beach and Selva Marina. Thank you for your time in this matter and if you need anything further, please do not hesitate to contact me. Sincerely Yours, : hary c. Crabtree, Esq.~ October 17, 2017 Community Development Board Agenda Packet Page 47 of 75 Property Appraiser -Property Details Page 1 of2 VARKONDA KERRY G 1865 LIVE OAK LN ATLANTIC BEACH, FL 32233 Primary Site Address 1865 LIVE OAK LN Atlantic Beach FL 32233 Official Reqnd Book/Page 15983-01763 Tile # 9409 VARKONDA SUZANNE W 1865 LIVE OAK IN Detail description see section below The sale of this property may result in higher property taxes. For more information go to Save Our Homes and our Property Tax Estimator. 'In Progress' property values, exemptions and other supporting information on this page are part of the working tax roll and are subject to change. Certified values listed in the Value Summary are those certified in October, but may include any official changes made after certification 6126/2017 Learn how the Property Appraiser's Office values property. Taxable Values and Exemptions -In Progress If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value (ls.s.~.S~d.'y~.I.u.~...............................................~~.3..I.~~?~:g9. Homestead Homestead Banding 196.031(1)(b) (HB) SJRWMD/FIND Taxable Value School Taxable Value Taxable Value $381,370.00 Taxable Value $381,370.00 ~~~~~.d.Ya..I.u.~.............................................J~~.1.!.3.!9.:g.o. Homestead Banding 196.031(1)(b) (HB) Assessed Value Taxable Value $406,370.00 !442Q-Ql!;l14 3/7/2008 10/16/1998 4/22/1987 9/15/1980 4/4/1980 WD -Warranty Deed $158,000.00 WD -Warranty Deed $17,500.00 WD -Warranty Deed $100,000.00 WD -Warranty Deed Unqualified Unqualified lengthFeature Description Bldg. Fireplace Prefab 0 00Deck WoodenDKWR22 912Deck WoodenDKWR23 12 9COvered Patio4 CVPR2 land &. legal Land Land land APUO land IN CmtI Use Description ValueUnits !In 0100 RES lD 3-7 UNITS PER $180,000.001.00 Lot AC Buildings Building 1 Building 1 Site Address Code Detail 1865 LIVE OAK IN Unit Element 8 8 Horizontal LapExterior WallAtlantic Beach Fl 32233 3 3 Gable or HipRoof Struct http://apps.coj .netiPA 0 _PropertySearch/Basic/Detail.aspx?RE=172020 141 0 Total Units 1.00 800.00 108.00 108.00 Value $552.00 $3,432.00 $<163.00 $389.00 37-29 09-2S-29E SELVA MARINA UNIT 12-C2 REPLAT 3 LOT'! October 17, 2017 Community Development Board Agenda Packet Page 48 of 75 Property Appraiser Property Details 2 2 0102 5FR 2 STORY 1981 ROOfing Cover 3 3 Asph/Comp 51'111g Interior Wall 5 5 Drywall Int Flooring 12 12 Hardwood Int Flooring 15 15 Quar/Hrd Tile Heating Fuel 'I " Electric Heating Type 'I 4 Forced-Ducted Air Cond 3 3 central Element Code Stories 2.000 Finished 1162 Bedrooms 3.000 '120Garage Baths 2.500 Base Area 426 Rooms I Units 1.000 Finished upper '10story 1 Finished Open '10Porch Deck 125 finished upper 57story 1 Finished Open 25 0 8Porch Unlin Open 60 0 12Porch Finished Open 60 a 18Porch Finished upper 2425 25story 1 finished Open 2S a 8Porch Total 3759 2872 3135 Property Record Card (PRC) The PRe accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. 2016 • To obtain a historic Property Record Card (PRe) from the Property Appraiser's Office, submit your request here: More Information ~I Parcel Tax Record I ~I Map this prooerty on Google Maps I City Fees Record _PropertySearch/Basic/Detail.aspx?RE= 172020 141 0 6/2612017http://apps.coj October 17, 2017 Community Development Board Agenda Packet Page 49 of 75 Doc # 2012134773, OR BK 15983 1763o at 01:01 ,Number: 2, Recorded PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING DEED DOC ST .00 File Number: PVTU360 Warranty Deed This Warranty Deed made this 22nd day of June, 2012, between AJan T. Ennis and Denise Ennis, alkla Denise Alfirevic, busband and wife whose post office address is 191 12th Street, Atlantic Beach. FL 32233. grantor, and Kerry G. Varkonda and Suzanne W. Varkonda, busband and wife whose post office address is 1865 Live Oak Lane, Atlantic Beacb, FL 32233, grantee: (Whenever used herein the lerms "grantor" and '·.,....,"'Ie".. include al! the parties 10 this instrument and the heirs, legal representalives, and assigns of individuals, and the successors and of corporations, lrusts and trustees) Witnesseth, that said gran lor, for and in consideration of the sum of TEN AND NOli 00 DOLLARS ($ 10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and forever, the following described land, situate, lying and being in Duval County, Florida, to-wit: Lot 4, Selva Marina Unit No. 12-C Replat, according to tbe map or plat thereof, as recorded In Plat Book 37, Page(s) 29, of tbe Public Reeords of Duval County. Florida. Parcel Identification Number: 1720201410 Together with all the tenements, hereditaments and appurtenances thereto belonging or in appertaining. To Have and to Hold, the same in fee simple forever. SUBJECT TO covenants, conditions, restrictions, easements of record and taxes for the current year. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee 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 the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except as specified herein. Warrant}' fHed • Page I October 17, 2017 Community Development Board Agenda Packet Page 50 of 75 OR BK 15983 PAGE 1764 In Witness Wbereof. grantor has hereunto set grantor's hand and sea) the and year first above written. sealed anlt 4elivered in our presence: Ruth K. McDonald Witness 2 Printed Name State of Plo t:d.dA County of Sf JOhns The instrument was acknowledged before me this JJrtd day of .~U f1 , , Alan T. and Denise Ennis, busband and wife, who are personal~irnown to me or c51) have pr(~duloed A VALlDa-DW\l-F.WStftS~~fication. FMh K. McDonald COMMISSION #EE19837!i EXPIRES: MAt 27,2016 www.MRor;NofARY.com Printed Name: K. McDonald My Commission J..,/I"JU ... ". WlfFran/y Dwi Page 1 October 17, 2017 Community Development Board Agenda Packet Page 51 of 75 ~ ... -' 1-_.................... 0 """,,_00_001:100"'''''''' ~~~~3~§~gi:~~~ ~ ~ OOOONON-G-O~OOO"-~oaeo~o.-eoo-. ~ : ~ g~~*:;~~:~:::~:::a:~~:~:::~i ... ~ -N ........ ~...... a>O_N ... ,. ... ~...... a>O_N..,,. .......... CIo __________ NNNNNN~NN 2 ..LOi ..LJ'o~ .i5ova ~z 3!)NVCJ ',..1.1..11050 Z -.- " ~ ." '~ ". -"I: ~ ~[j] ~ ~ '" i> = ~ - ."'"6 _ " L~' .L"y~ ,"Z ~DNrn:J •nu>os z.: dln"N;.o.L •Of .J.CT'7 -,-/lOP 30 .J.t1Vd .iN»Hd07./I~ 31:trI.JJ"I;t O~Ol::fd :.: ...... ___ >--I-"'~~";::': o ........... eo I-~ ~i~~~ ~ ;I!~l; ~ . 1-....1<:0 I- ..... _ ""::::0'" 01-_-0 o-co .... ., ... 0> -ceo .... XCI a> ... x ........ 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LU a: u, N-d z r­-Z ::l « z a: <X ~ October 17, 2017 Community Development Board Agenda Packet Page 52 of 75 property is not to any valid assocIatIon and restrictions, and the property is not subject to association dues which are obligated to us as the property owners. By:__--.£----'I Affidavit :seo'temtoer __, 2017 zonlmg section Homeowners Association Affidavit following No.: 172020-1410 Property Address: 1865 Live Oak Lane, Atlantic Beach, Florida To whom it may concern: I, Kerry G. Varkonda and Suzanne W. Varkonda, hereby certify that that the above By: State of County of Duval The foregoing of September, by W. Varkonda, husband and wife, who produced a driver's license as identification and took an oath. COLLEEN A. KEELING Commission 1# FF 074450 Expires December 7, 2011I!on4ed _ Trar Fain __~!OI9 October 17, 2017 Community Development Board Agenda Packet Page 53 of 75 Seotem!oer --s:----' 2017 Ownership Affidavit Department, zoning section RE: Ownership Affidavit for following site location: 1 Live Oak Lane, Atlantic Beach, 32233 Parcel No.: 172020-1410 whom it may concern: I, Kerry Varkonda and W. Varkonda, that we are the Owners of the property described above in connection with filing application(s) for a variance to allow for a to be within Selva rear yard setback requirements submitted to the Atlantic Beach .Planning and ., DeP ..""emnt./1.<uartm ~. of Florida County of Duval "-~~ foregoing instrument was acknowledged me this _~_ O. Varkonda and Suzanne W. Varkonda, husband and wife, who produced a day of ......'"'''''''' HU"",.... <VU and an oath. COLLEEN A. KEELING Commission # FF 074450 December 7. 2017 October 17, 2017 Community Development Board Agenda Packet Page 54 of 75 AUTHORIZATION FORM To: City of Atlantic Beach, and any agents and representatives Re: Property Owner -Kerry G. Varkonda and Suzanne W. Varkonda RE No.: 172020-1410 Property Address: 1865 Live Oak Lane, Atlantic Beach, Florida 32233 We, the undersigned, hereby authorize any agents or representative of The City of Atlantic Beach, to furnish all documents and information relating to the above mentioned property and inquires made thereofto the following attorney and any members of his office and staff: Zachary C. Crabtree, Esquire Crabtree Law Group, P.A. 8777 San Jose Blvd., Bldg. A, Ste. 200 Jacksonville, Florida 32217 We further authorize The City of Atlantic Beach to allow Mr. Crabtree and any members of his office and staff to act on my behalf as it relates to the property, including but not limited to the filing of an application for a variance . The authorization for release of this information includes telephonic communication. A photostatic copy of this authorization shall be considered as effective and valid as the original. This authorization shall be effective for a period of twelve (12) months from the date below. October 17, 2017 Community Development Board Agenda Packet Page 55 of 75 #: 3, July Attn: Mr. Covenants and Restrictions, etc. -Selva Marina Unit No. l{e-l{eCOra Vol 5109 -102 Dear Mr. h.'t:>",uoc was of Development Corporation, March of 1980. The document various covenants and 1''''''M'"Y,~"rw'c aSS~OCl.at€:a with No. is to notify you at time. The r.",'n::lnta and Restrictions document also became inactive at that time. I George Bull, Jr. ----------------------~...--.~-.....~...~....... October 17, 2017 Community Development Board Agenda Packet Page 56 of 75 S 00"24 '53" [ TWO STOR Y FRAME POSlED K186 ~; "-: MAP SHOWING BOUNDARY SURVEY OF LOT 4, SELVA MARINA UNIT No. 12-C REPLAT, AS RECORDED IN PLA T BOOK 3 7. PACE 29 , OF TII[ CURRCNT puauc RECORDS OF DUVAL COUNTY, FLORIDA CERTIfiED TO KERRY VARK ONOA & SU ZANNE VARKONDA TRUS 1Ll N MORTGAG£ PONTE veDRA TITLE , LLC CH ICAGO n TLE INSURAN CE COMPANY LE GEN D t"'!tc: .. POIIit r 01 .'IIltS ."...,..IIJII( f'ICC .. IICIIIfOlCCMJlllDWCl """'"""'" .. <J:II.;C!I'flt E9 TITLE, L.L.\...I---+---------l LIVE OA K LANE {(lO'~'or_y, N 00"24'53" w N 00'19'55" W 0' w a: ::> ~VI ... « "' w a:' ~ ~'-" 8 "N g ~ -(1) LOT .3 ~ ~. en;" 0 o · · co ~ !" ", (1) 110 CO "' VI 90.00' 89.97' L(lT 90.06' 90 00' ( PLAT ) (MEASURED) 0' w a: ::> VI ~ « I-w "': ~ri irJ ~8 en ­ LOI 5 w ;-.. . w 0 '" . 0 Ill · '" ,n en cr. CO "" Z Z .1 (MEASURED) (PLAT) October 17, 2017 Community Development Board Agenda Packet Page 57 of 75 TWO STORY FRAME POSTED MAP SHOWING BOUNDARY SURVEY OF LOT 4, SELVA MARINA UNIT No. 12-C REPLAT, AS RECORDED II~ PLAT BOOI( 37, PAGE 29, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CERTIFIED TO: I<ERRY VARI<ONDA & SUZANNE VARI<ONDA mUSILINE MORTGAGE PONTE VEDRA TITLE, LLC CHICAGO TillE INSURMICE COMPANY LIVE OAI< LANE (GO' r.:rm or IYA~) N OO'2'~'53" \'I 90.00' (PLAT) N 00"19'55" W 89.97' (MEASURED) pc - DO.CO· (PLAT)::!I 110.71' (IJrASUnW)---::J~!lIII!!I!I!iiili!;----::~r_----~------~_:----~~,~=-~--~-o ~~O.~,'~--~~--~~~~~~~~~~~~~~-~--~··~··~·..~--~=-=T·~·-=--==~r-==-=~~~.==~~~.~;=~.~~--- S 00"19'41" E 90,06' (MEASURED) 0.)' S 00'24'53" [ 90.00' (PLAT) :r.C1l0~1 o. 10"M I$1I11" 2 :iO'JlIf. r?AlICE 20 I:'\~T LEGEND: ... ~1 1/2-ntQ...n ~u."p,o PSlIIG140 • roolln In' nOli PIP( 1:0 IO[1I1lf'r..AnOlI V:ILE~ OIH[R\llSE 1101(0) 04-.4-COIiCR[1C 1I0J'UIJr.m .. A!:~ ca:oanO."IElt " rtllCC d -­ PC _ 1'1 ... POCill or CurtV.\1\JAC POUT or TN'C!I.C"1 rOle ... PCltU or nLv[R5( C~'1VM\Jnc rcc -r(;lUl or CC\1l'OU','Q CU~VA'\);;LG A com:lI(1F. R[VlSIONSRay Tlionipson SURVEYING, Inc. OO\lE OESCRIPnON IGuinn '''~ DISTANCE (or Youl ·Hi13 FIo,ipo 1'lIaloway, :',1111" 210 J,'cl ";oll~illc . r-IOIid" :lnO'f (Phune) !lO'\-oI,IO·5125 PONTE V;~TITLE, L.L.C.I---+-----:----1 ''----~ (r-ax) 90~-1·\0·5173 JOB II 21118 DA TE OF FIELD SURVEY: ES: "O"" "'OZ" r:AnuIGS ME UASCO 0.'4 lH( _.rJ~ m:,\Jur,G or __ .L'­-. ... ~ _._-­ .Olle nl: 1l0011111ru.Y DOIJIIONlY ullr Oi' ~O,"'CI I'All(;{L. r ClIIIPIIIC I'LOT1lIlC ONLY lIIE CAI'110NED u\NOS LIE I',mlll' FLOOD ZO:-;E ___~___ AS SIlOI',~1 Oil TIlE IIA1101lo\L FlOOD IIISURANCE IJIIP, '.TEO: APil1L 17, 109D, CClmUlmy /;UI,\OE/!: 120075 PANEL JlIlOLll ' 115 SUi'I\,('( n[HEC1S ALL [ASEUEIHS & RIGHT OF I'IAY AS pm uCConOED .AT olt/OIl 1I1l£ CO"'JI1IJDlT I, SUPPUED. UNLESS 01HERI',1SE STATtO, 110 11IEn lllLE 'J1:RI,IC"l1Q11 liAS eEEU PERFORUED IlY 111£ UlIOER5ICNED, 115 SUiWt:Y IS IIOT VAUO 1',lTIlC\Jl IIJI {,UTlIWlICATEO ELEcmellle SlGIIA1UR£ 'ID .\UllIENTlCA1EO ELECIROIIiC SEAl. 6-20-2012 LAND SURVEYS o CONSTRUC~ON SURVEYS SCALE: 1" = 20' 1 n.~' 1/1865 2~.I'7-7"'.--.;;,,:,,:,'-------' ---Zl.~'--- I.OT 4 0 w a:: => Ul ....... <l;t­ w'"~1t "'-J' '-' nO O>~ ·0 0)0 0) LOT 5 w Z Z October 17, 2017 Community Development Board Agenda Packet Page 58 of 75 MAP SHOWING BOUNDARY SURVE Y OF '.IH ". ');nVA MAI1itJ " 1)t.Jl r u n 1?r: Il·,.n .. ~r. A ~ f1r...r.flRn .':n "J Pf./iT nOtlK .rl. IJA(.:!. ',.!!' . (.If n-l l :::urmJ'li r pl1 "ll r~ 11'f'O)RO:; {)I.' ('~J V~L cr...JN 1"t. ~ l~!f1fr'A . (;£l1 nrJ(O TO: W · ' z ", · ~.~. . ..J It :,c ~ ~~ . J;'. I;';! ;! :J 0' w ~l ~~ ~;.,. "?.,. a) . ~ ~ ~. ~ !,o .., 1"\ ." 8 8 ,, :.:t: '" Or;f"I ~ 1. AUji{£' \oil£; tl An{)l;~~AN r: \4()Q1'QA <:(JRp~,qI~ ' TTt'ilU I[Y.;' mu: I ~WRMICI. rUllO, 11K. rATlrJ!:;t'JIlJ, SONC' Mi ll lA.lSltA W, P.. A, 1. 1.) 1 Jr, ~~~.~~~ J.d! Form MAP.Survey -"W1nTOTAl' appralsal software by a Ia mode, lrrc ,-l-8O().ALAMODE October 17, 2017 Community Development Board Agenda Packet Page 59 of 75 --. ~ • VI" IL.. "~ UI',., '1 ' '-'­, t...l-. v CHICAGO TITLE INSURANCE COMPANY _~:Ik~~ -,&..tJ..~ ., S ~~~ ~td~<tf'M.h ~J~.c.o ~~~. LIVE OAK LAN E (e lf RJGH T or WAY) SQ, FT. % ~J 00'24'53" W 90.00' (PLAT) N 00·19'55" W 89.97' (MEASURED) LOT SIZE 9083 I ~ EXlSTING BUILDINGS 2258 25% fT.L..:I: EXlSTINGIPA~ . 10%• IMPERVIOUS 927 ........ 0 21 . ~' 11.2' PROPOSED W , === 1070 12% a::: b IMPERVIOUS :::::) ~ ~'~~---:l s? .,'­ ~V>1-« .... TOTAL ~.~. ~-1?O' 4 2 55 47% ~ ......, l/' ~;;- ~ -20-')' ~Io l STRUCTURE OUTDOOR oj KITCHEN m STORY AME Ale TYPE NEW LOT :3 :~'-o" ... "f:.D #186 5 umT CONSTRUCTION ~ I ~ r. A/C,.; PAD I MATERIAL TREMRON I ~Outdoor Kitchen STONEGATE ~ 11 5' AREA 42SQ, FT. I I.Q;';.. in ,. STRUCTURE SCREEN (/) renEncl ;" 26.1' 21.11'­ENCLOSURE ?LOT <I ROOF SLOPED :~'-o' Pool Equipment__I( JT ) MATERIAL ALUMINUM Ir­( 'N 1 00 '(. ~~.. b... _ / 90,06' (MEASURED) ., COLOR BRONZE 00' ',:;< 90.00' (PLAT) [--. AREA 1070 SQ. FT, SCClIOt t g, TO'IlNS fUP 2 SOOlli. RANCE 29 ( .AST I*** SETBACKS ARE MEASURED TO WALLS *** I LEGEND : 0 -Sll 1/2" II(BAII PC -P()jNT C»' (UlVAT\J (STANPEO PSU1814tt • - r.QJHD lff lION PPC PT -POIP" C»' TAHCVII;Y NO 1000lFlCAnON PRe -lION T C»' Al\/£JlS£( OIl4[JNlt;[ NOTID) CUlNAT\lII( • -••,... CDNCJI{ l[ IdHT PCC -POIN T (Y/ ~ Io/C • AIR C<JOTIONEII G CUf!VAT -)(­-FlNeI • COtICM:1L I-I -f-Ray Th ompso n EVISIOI f­-f-SURVEYING. Inc . DAlE Ut.:,I,;KWIIUN I­>-f- IGoing the DISTA N C E for YO I~ PONTE~~TITLE, L.L.c.r-­ f­"'6 13 PhITp~ HIO'I y , S uite 2 10 ' ~~..,. I'loridII 32207 1.1111 \ (Phone) ~5 1 25 I I I' (Fax ) 904 -448-5 178 I JOB II 21118 L DA TE OF FIELD SURVEY : 6-2.0-2012 I SCALE: ,. = 20' CER TIFICATE ;r::: rNOTES: DEI! MY I/!:5PONSIIlU CHAAc( II; BEARINGS AAE BOON THI: ~BEARIHC or __l'Lfl9.'35.'Or:.. f ,___ I tt~1N C(RTIF Y 'IIiA T rut .,...." ALONG THE NM TH EJII..Y 9OUIIOARY UN[ (F !iU8.£CT PAllen. All) liED'S THE IlIUW STANO Sl T fMIH 8'1 11€ FLORIOIo -­-ROAlro CY PRons.<;IOtI \o£YOIIS. -'HI! IIA fIt. CHN'TER 61CY7 -0 , FL()IIII).I. October 17, 2017 Community Development Board Agenda Packet Page 60 of 75 Oc t o b e r 1 7 , 2 0 1 7 Co m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t Page 61 of 75 Oc t o b e r 1 7 , 2 0 1 7 Co m m u n i t y D e v e l o p m e n t B o a r d A g e n d a P a c k e t Page 62 of 75 October 17, 2017 Community Development Board Agenda Packet Page 63 of 75 ITEM 4.D   October 17, 2017 Community Development Board Agenda Packet Page 64 of 75 Item 4.D Item 4.D no longer requires a use-by-exception after approval of the Mayport Business Overlay District ordinance on October 9th 2017 by the City Commission and has been withdrawn. The application is included for reference only. The item was advertised for a public hearing on October 17th 2017. Derek W. Reeves Planner I U6bxI -0003 SEP 25 201l Bundlng Department City of AtlantiX~~AFfION FOR A USE-BY-EXCEPTION City of Atlantic Beach . 800 Seminole Road . Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 . Fax: (904) 247-5845 . Website: www.coab.us Date ___________ File No.,_ _ _ ____ ____Receipt __________ _ 4. Property Appraiser's Real Estllte Number _ ____ ____llIock No.,_____ Lot No.,_____ 5. Current Zoning Classification ___ ____6. Comprchensive Plan Future Llwd Usc designation ____ ,.., "I" P U " ,-...),... t'-c7. Requested Use-by-Exception L. LV _ ~,-:;,r v ) ......... !'L'1..­8. Sizc of Parcel_--'--_L-V.::.....~__TI..L-...!___ ____\ 9. Utility Provider .Jt;A I LIT) OF AB 10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance witb Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning I\nd Subdivision Regulations. Attach I\S Exhibit A. (The attached guide mny be used if desired. Please addn'ss each item, as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an appliclltion is scheduled for any public hea ring.) a. Site Plan showing the location of 1111 structures, temporary and permanent, including setbacks, building height, lIumbe r of stories and square footllge, impervious surface area, and existing andlor proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate \)y lawyer or abstract company or tille company thllt verifies record owner as Ilbove). If the applicant is not the owner, :1 letter of authorization from the owner(s) for applicant to represent the owner for all purposes rein ted to this application must be provided. c. Survey and legal description of property sOllght to be reloned. (Attach as Exhibit ll.) d . Required number of copies. (Two (2) copies of all documents that are not 18 rgel' thnD 11 x 17 inches in size. If pin liS or photogrnphs, or color attachments arc submitted, please provide eight (8) copies of these.) e. Application Fee ($~50.00) I IIEREDY CERTIFY THAT ALL INfORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of OWller(s) or authorized person if owner's authorizati0:J0rm is attached: Pd.l.d .,typ,d ••m,(o), J \-.l LvM A­=L Signnlure(s): ~. 'L ~ AO))Jmss ANI) CONTACT INfOR.MATION OF PERSOJTO UECElVE ALL CORRESPONDENCE REGARDlNG TlUS APPLICATION Name: _..;::b--!....{2.--=t:..=L=---L-=--VW\....:...::....-'--A~___ _____________ Mailing Address: -..lLV~--.:!....::-=---:::Q.M}~.IL-~OJ...4==-.o:::.~~..z..~5<t;~t -------;­}b'--'-\..l..-_\W rl"k'{I M i.._<__---____ Phone: q6 ~ 'ilL)qZ FAX: ______ _ l::-mail: 'e\l e\?"ew V1~~ &, jVVlGtI \-Q}vv\ October 17, 2017 Community Development Board Agenda Packet Page 65 of 75 I safety and convenience, traffic access in case of fire or . ~\ . EXHIBIT A The of an application for a Use-by-Exception shall consider tbe following items. Please each ofthe following as applicable to your specific application. 1. and egress to property and proposed Struclures thereon with particular reference to vehicular and 2. particular attention to the items in (1) above. 3. The potential for any adverse impacts to adjoining propel1ies and generally in the area from excessive noise, glare and lighting, odor, tmffic and similar characteristics of the Use-by-Exception 4. reference to items (I) and (2) above; 5. 6. 7. If adjacent lIses are different types or lISes, describe Iype of 6 with rererence 10 glare, traffic safety, economic effects and 8. Required Yards and other Open Show building setbacks and areas of open space on site plan. 9. Olher information YOll may wish to provide: _____~__~._~. October 17, 2017 Community Development Board Agenda Packet Page 66 of 75 OWNER'S AUTHORIZATION FOR AGENT [;.r;c Lv/Vl qft w'fh R[UE Bre.w ;~ is hereby authorized to act on behalf of Jk 5&{Jf?5 Df RiA-IVor-+~ L{c , the owner(s) of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Pennit or other action pursuant to: Zoning Variance Comprehensive Plan Amendment ~ Use-by-Exception D Zoning Map Amendment D Building Permit D Plat, Replat or Lot Division D Sign Pennit D Tree Permit D Other R D ~~~--------------------------------- BY: --,.q.~~CL1~.,t--JJ-AIJ-H--~_____' S~~OfO~-11­t fa ~~Vl\l Print Name Signature of Owner Print Name 90 '-(.)7 ').0 ) 7 3 Telephone Number State of Flo ~i d 0. County of D V\/aJ , ~ S~p~ Signed and sworn before me on this 2-':) day of, 20ll By, pe.i2WlO~ 2Y1eron Identification verified : ~~~ Oath sworn: ________yes X NO~~ n+ko;y~ \3Yl ~ Notary PubliC State of Florida Kimber1ey Lynn Higgs MyCOmmiSSionexpires1)1:)\ lC5\ d-D~IMy CommiIIIon GG 139693 , \ Expjres 08i29f2021 October 17, 2017 Community Development Board Agenda Packet Page 67 of 75 MAP SHOWING BOUNDARY SURVEY OF LeGAL [)£SCRIPTION AS CONTAJHrn IN rNAT T7n..£ c:ot.IWllW(NT, PRCPARCD 8Y OlD RCPLIBUC NAT70NAL 177l.£ IHSlJRAHCC C'OilPANY. fUND FILE No. .10.15150 AI, .... m AN ffn:CTI'o£ OAl[" OF APRil lSI, 2016 O~ 11:00 P.W. PARCfi I ... port tJ( Trocl "A,. o. 1I'101ft'1 on plol of Rap Pol,.,... SlIbdM,Ion, LJl'lit c>t, (I). QS rwCO"dH ... 00Pfol Boo'I .10. po~s 60 OllIS page 60.4 of 'h. C1IrY',1'I1 puOUc ',cOl'd. o( ~'IOI COUl'l',. ncrld<>. OfId O,lng mer. porl/c:uIOlfy deserlOfKI os fallows: l1eqltl"lrIg 01 'h. MI,III'UKI'''! com.,. o( 1roc:l "... "; / C....,.II~. "'crth r......'y-uv•• (2J) d~,"J Thlrtr-"~ (.17) mlflur'J ThV1rlll,..., (ll) IK'onds 30 60 I [enl and okJrIg (1'1, EMI lillo of Traer ""'", en., Hvru:/rfJd Nin'Ir-1flretl and [~Ir-$1I Hu"~Ih' , (I5IJ.86) (••t, tII."e. North S(Jo'y-niol, (69) d'fjJf',n Thirty-on" pr) mlnut•• 1,","'y-"'" (25) I,.eoI'ld.1 'It'ut, On, Hundr.cl 1 ..eI ... QIf1d rorty-H...." Hundr.aUl. ("2. 47) ,.., 10 ttl, .....! 1601. ~%.'1.£ of ~T,gel "... "; thence South .--. (7) cM!ilr_. Sid.~ (II!) minute, Z.,o T.o (02) second. / / , I 0;0.. ~ I_,<,~$ ~ , ~f!f -, I ~(j(,} ~ ::r! "'<S~ "" '\' '\', kfisf ",/:s /1 a C,,~{}; ... ~ ~~/QcV,~$ f lI If Q: c.; ill '"' I ~ ~R' i', "'" I .\.. ~ 1...:. f.... '\" I ; '~~ 1,;~ah:ii/:s,~·' C>'" Q: . / J§"­/Of ,,'<: Sf'.... - '\' '4 I:)~~ (Iv~'",~~ .1:]'\' /!r l ! ~ 1Pi~ f.... dfbt "," ' , '=¥ / / / ~\i , TRACT CORPORA1[" ...ARRANTY crro PARCEL TITLE v,' 41 ~ RO yAL'-........ UNIT J$' Il1O( IM08SmtlC1[D CASD£NT rOR IJ "-ITI£S ~s CNY. AS PCR onlOAt I«"COl'rOS 800r 1400,.PAa: .su --- i.~V7 ",\ I -------- 5(;,11.£; r = ,g [osl and O/Ol'lg !hI We.1 IInllll of Trod: "A", T.,o Hunct'~ [190'HletI and IC!YWlIy-CII'I' Hulldr~tJlS ~/ ~(2IB. 7l) fe.t 10 'fl. po/l"l, of b~n"g. PARCeL 2 ~ A parcel 01 IMld l,¥Ig In ftli CO,'ro Y. F.,.,., Q>ont, Sect lotl ThrlY-Iq,t (38), To-.Jl"'P r.·o (2) SOU'h, Rong. T"~Iy-n"'e (29) [0.', Du""" COU"'" nOt/do. mor. porl/eulon, d.:Kr1bld a. !olIo ...; FOt 0 p~t af blr9"'n"g. eommll'lce 01 'fl. poht of Inl...1C11otl of til. WI" fin. Of ~'f/~/~ @ ~~ Rayal Po/m. Subdwb/ot'l, Unit a,1 (f), OI1d tfl. NOtlherl, /ilTe of tho Prozo. 011 0, 1/10..,. on Pial r.corded ... Plot 800'1 Jo. p~, 60 OI'Id 60A, of tfl. cvrrel'lt puOlIc record, of DuoQ/ Covnt" , ~ h nOtldo, and t".I'ICI 1'\11'1 NOt". [/qt1t,n... (as) ~.., Thr'y-nYWI (J7) m/nul" T~ty-",YWI ~ (27) 'Kand....t o/ong a ItIwstlrl', prod!Jc'b'I of loid NOtIheri,/ine of /h. Pr010 0 d!',lol'lcl of ~ ~I T..-o HUIldt'1d Thirty-,oro OI'Id FOTty-four HUI'ldt'.dth. (2J2.44) fll' 10 on /nl...-H'c'/on .llh Ut. ~ ~ [mterl, ,.... of .wOIPOtt Rood (SIal' R~ A-I -A) and tllllJflc, run th."c. NOTth T...... ,y (20) d'fTell T"II'IIy-eq,t (2B) m"LlI... TtlHy-n.... (.35) lICond, [0,1 along sold [o.lerl,/itt.-of '-........ i ~~ .wo)9011 RCJOd (Stot. Rood A-I-A) 0 di,lone. 01 FOfJI' Hundr.d and Dqnf,""'" ond Th;'I, 2 of Hundredt'" (4lJ9.JO) f." 10 01'1 IntllJl".tectlon lrilh oforHoid ....'terl,lln. ot RafOl PoIm" UI'II! No . ~. ~~ On. (I). In.nce run South S• ..." (7) d"9""' SIx!.", (16) m~Ll IIJ Zvo T.o (02) .econd, ~fJSt COMMITMENT ;2 lI<.:! 01""9 ,old -""'" I.... 01 Royal Po/n,.. UI'I II No. One (I), 0 dl"O"Ic, of Four Hundt'Wd Dqnty ond Z"o Four HUl'ldrldUIS (4.MJ. 04) f.ot to ,11.-po." of b~ln nlng, excepllng III.,.efrcwn till folo."g d.-,gleld portIOl'l'" 39 ~ihA port: 0' th. Co,trg Y. Ferr., Ct-ont, Sicliotl J1'I.irt,llgnl (.lB) To."s1Ilp T.,o (2) Soulll, Ron~ T.,.nlr""" (29) [0'(, Cu""" Count" nOt;do, O"Id o.ng mor. por!lr:ulon, dnallled os folIo ...; BI~"g 01 Ih. Smltlt _,t com.,. o( Troc:l "A" 0' "0." on plot of Royal PaJ"" $utldlYlJIotI ~ ~~~ Unit a,. (I), 0' ,,~.d n PIal Bo.:* JO, P090' 60 and ISOA. cvrrll'll ~Ie record" CuoQ/ covnly. FICI"fdo; Ihll'lc, Soutl"l T• .nly (20) d.gree " T"~lr'9'1I (28) mnUIH OI " lrr..,. (JS) IIC"CI"1d......, and oI01'1g Ih. [011..-1, right of "IIIIO,IkI. 01 SIal. Rood AlA (.wo)JJCI"t ROOd) OrI. HUl'ldrld FOUI"I'" OIId Z.,.O s.--. Hundredtl"lJ (U4. 07) f.lt; CII ....cw Soulh Sinr""'" (69) d'fT." l"iIir1,OtII (.") m"'utll T.'l'Itrrr~ (25) ncond. E"OII SlIII, (60.0) f.rl to VIe ...,t.rly I !ii'-........ lin. of Ih. ofOl'".m~I I"""ld Trocl "A'", tIIene. Nor-til S.~ (7) d'fT"' Sid.... (HI) mn.... tn ZIt'O ~;r~~~:'~::r;:~ (;:a ~:~ :!~ I~~~~~~:~ :: =n~Ag~' a,. H(JI'IO'ed T.lntrei~1 and ;~~~ 1~~~ I! ~~ ~~~ ~i ~~~~~~~ ~II!~h~~1I ~Uti Iii o!ot . .. ~ : t:! a • <> '" ll~i "C d !Jlf n i tI ~ ~ B'Vnning 01 the Int........ctIOtl of Ih. [OJ''''''' rignl o( "1lIIO, ,.,. of .wo)porl Rood (Sto'. R~ A-I-A) "";(1'1 thl Norlheri, ri9l'!t of .0, /.,. o f til. Ploto and rutVI.,V North T~', 20 dogree. i d~ i "0"""[ ~ t".I'IIy-ei9ht (28) mnut.. Thrlrn... (JS) J'-l:OI'Id, [0$1 a,e H....ndred rift, (ISO) (III 10 a 40 ponl: I"II'ICW ;" ~ [os,''''', d~IC I/on and perp~dlcu/or _IVI .wo)9:lOtI Road (Stat. Rood A-I-A) _tit Six lrl'linl (69) d.tye.. OIirtran. (.Jl) "'nul" T• .,lr""" (25) IICCl'ld. [ost a,1 a ~ ~~~ ~ .f h IIul'lct"ld S....."IY-[i9I'!t (l78.J.J) flit; tI"Ionco ., 0 SmltII""', direcllotl SouVl SI~n (7) ~en Sil{Ilen (16) ,.., T."", (12) HCO'Id [0" N".'rSix OtId SIJ.ty-ti... hundt'.dth. ( 96 .65) fill to ~ ~~~ ~:~ ~ i5 ~t° poirll ',¥Ig 0tI till Nor(l'l""', riqIIl o( "0' lin. o( thl Plozo; th.,CI NOtth [l9I"11,rl~ (as) :::... d.tyell Dlirtr.e..." (J7) mnlll.~ T.,.ntrll.." (27) ...c~d.t We,1 oIong liter NortI'I.,." ri9/'t1 of _r:,1In1 01 til. P/o,o T..o Hundred OIHy-I..o ond FOTt,four hLlndt'edtta (2J2 ....) "'.1 10 IhC! ~~ ~~il ~ ~J!lIf~itmii po"" of 0'9nl'l"'9. f.... ~II! (!i~~ fa ;m..1imj~~IAPALMS l[GAL OCSCRJPnON or ~5IfJUAL L4H0S AS PRfPARro BY THIS FfRW: ~ ~Itl !~~ t::: I . A PARCel. OF LAND, BClNG A PORTIOH or 7RACT '"A'", ROYAl. PALMS UNIT ON[, AS SHO ..... ON ONE ~! 11~~ ~ i~~~!d.;~ATHE: PLA,T TH[R[OF, AS ReCORDED IN PLA,T 800C JC. PAces 60 .AHO 60A, or TH£ CURRCNT Plat Book 30, pt8JC R[COROS OF s.-/C OUVAL COJNTY, FlORIDA; TOGCTHO? WITH A PORTION OF TH[ CASrRO c, , '" Y. FUlR£R GRANr. srCTlON .J8. TO .....SHIP 2 SOUTH. RANGe 29 [AST. OUVAI. COUNTY. FlORiOA. , ~is ~ pages 60 &-60A !~ ~~i ~ ,}SIJ{) PARCEl or LANO BEING WORf PARTlOJL.ARL Y o[SCRlB[O AS rcl.lO)tS; "'''' FOR A POINT or Rur:ROK:C, CClfIrl.wCNCE: M TH[ INrrRSCCTIOH OF NORTH[RLY RfQH OF' WA Y ~i$1 ~~ ~~g ~ ~I id 1 UHf OF' PlAZA ( AN 80 rOOT PUBUC ROAD RfGHT OF "'AY). IIII'TH TH[ [ASTrRLY RtGHT OF WAT / I..IH[ or .wAl'J'ORT ROAD, STA1[" ROAO No. AIA/IOI, ( A 100 FOOT PUBLIC ROAD RIGHT OF WAY. /,):$'<!~ AS Pm STA1[" OF F1.ORIDA. DEP.A..R~T OF 7RANSPORrATlON RfGHT or WAY "'AP. SE"CTION No. ~~ ~~ ~ IhtllllL~ t 722JO, F.P . I 2OU28.J, SHt("T .5 or 1/5 SHt[TS), ANO RUN THE"HCC.. NORTH 20'.Jsf09" CAST. ~~ ~~~ ~ H~m~~~ JI ALONG TH[ ArORf:SA/O [AST!"Rt.T RIGHT or WAY LIN[ or "'AYPORT ROAO, A ~STANCC or 150.00 rrn. TO TH[ NOR THER( Y LIHC or THosr L.A.HOS OCSCRrBCD AIW RfCOROCD IN omOAL R[COROS ~~ ~~i ~ mum n, eoc.w 1t)677, PAGE. 29~ or THC CVRR£NT PtJ8UC RECOROS or SAID ~UVAL COJNTY, FlORI(lA .A.HD n-I[" POINT or BCQNNING. ~~ ~-t ~ l3~ "IrRCIJ TH[ POINT or SE"QNN/NG 1HUS OCSCRISED, CONTlNU[ NORTH 20'J9'09" [AST, A DISTANce or 225.2.J FrrT. TO A POINT ON THE: SOUTH£"RI.. Y UN[ or THOse L..ANOS OCSCRlB[O i~ ~O'~ ~~,~~,~~~ ' :~~~=A~c::."~~": '=\:~~~~:-~~,~~~~~, ~~TH[ / € ~@;>l • I (IsOI,m·mn.y UN~ OF LAST SAlO LANOS, A DISTANCE: OF 172.60 F[n, TO A POINT ON TH[ E.AST ~ , LWC OF TNACT "A ", AS SHO ..... ON JH[ AFORC'SAJO PLAT or ROYAL PALJ4S UHlT ON[, AI#) ALSO ;1l> ~/': • I ~li f 80NG THE" M£ST UN( OF LOT 4D, ROYAL PALWS UNIT ONe RUN THENce. SOUTH 2J'50'4S" II(ST, /~i ,f.. g'g ·~,>f--.~"""tj~j,!~, 42__ \i I,..-.SO<'!~mJ"E ALONG 1H[" M£sr lIN[ OF LOTS 40, 41 ANO 42, ROTAJ. PALJ4S UHIT ONC. (ANO ALSO BONG J)-f[ ~~ ~~~ kr p. I­~~ §~~/$f[AST LIN[ OF AFORC"SAJD TNAC1 "A"), A OISTANCE: or 19J.47 F(£1, 10 A POOH or INT(RSCCnON II/II. ~d ~ft I ).I~ ·iIN s.-IO Lor 42, ROYAL P.A../.MS UNIT ON[; R(JH THE:NC[, SOUTH OI5 '4J'J.J" [AST, ALONG TH[ :g &/y 1'­ AFORE"SAIO .-sT UN( OF LOT 42. A c;rSTAHCC OF .J.5.Ja F!"CT. 10 A PONT ON THE: [ASTERl Y '''is! i! .~~ I i~ P81 cq,'t , q.[XTD/SIQH or T/4E NORmE"RLY UN[ OF SAICI LANDS D£SCRt8(0 ANO R[CORO£D IN (lfnClAL RE"CORCS Boc.w 101577, PAGE. 29~ OF SAIO CURRCNT PU9t..IC R(COROS; RUN THDICC NORTH S' d l I :Jf! SP[OAL ...ARRANTY OEm ~lI< ~~~ ~JI iR .~6979".J" WE"ST, ALONG SAIO [.A.ST(RtY CXT[NSION. ~O TH[N ALONG THC NORTH[RLY LIN[ or ~...~l.v jJ BP PRODUCTS NORJ)-f A"'£RICA.. INC.SAID LANDS O[SCRIS(D ANO ReCORDED IN OFTlCtAL RECORDS Boc.w ,()677, PAG[" 2M or SAtO II) if to GIANT JAOCSONlAU£, l1.C CURRENT PV8UC RCca«lS. 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PLAZA C (Ti%~'<x=na.p.J32"· -----t __ \"'~ ~I ~~~ \5~~ ~j !.l. ~.l IfOI\'/)Qr.YR/'ri/.llllr OT pt"::CNT PARCQ ~/j ~Am.U.~ BY THIS FIRM LCGAl P"~""'L"" FUNO._____ October 17, 2017 Community Development Board Agenda Packet Page 68 of 75 October 17, 2017 Community Development Board Agenda Packet Page 69 of 75     October 17, 2017 Community Development Board Agenda Packet Page 70 of 75           October 17, 2017 Community Development Board Agenda Packet Page 71 of 75 Gas stations, subject to the requirements of Section 24-165. (5) Printing shops. Working Draft: Automotive Service Stations 10/12/17 Sec. 24-17. - Definitions. Convenience store shall mean an establishment of no more than seventy-five hundred (7,500) square feet of conditioned space used for the retail sale of consumable goods and may include sit- down restaurants. Electric charging station shall mean a parking space or portion of a property containing a device used to transmit electricity to the batteries of motor vehicles. Fuel pump shall mean fixed equipment that dispenses flammable or combustible liquids or gases used as fuel in motor vehicles, typically designed as a single unit capable of dispensing fuel to two motor vehicles at a time. Gas station shall mean establishments used for the retail sale of gasoline, diesel, propane, hydrogen or other fuels intended for use in motor vehicles. Service station, automotive shall mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuel, oils or accessories, and in connection with which is performed minor automotive service, but not heavy automotive repair. Sec. 24-110. - Commercial limited district (CL). (c) Uses-by-exception. Within the CL zoning district, the following uses may be approved as a use-by-exception. (1) Medical or dental clinics. (2) Churches and community centers. (3) Banks and financial institutions with drive-through facilities. (4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions. (6) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. (7) Convenience stores. Sec. 24-111. - Commercial general districts (CG). (b) Permitted uses. It is not possible to list all potential permitted or prohibited general commercial uses within this section, but typical uses permitted within the CG zoning district shall include neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses Page 1           October 17, 2017 Community Development Board Agenda Packet Page 72 of 75 (4) Child care centers in accordance with section 24-152. (5) Business and professional offices. shall not include manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of a regional nature, or such uses that have the potential for negative impacts to surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of operation or other factors that may adversely affect existing commercial uses or any nearby residential uses. Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game centers, tattoo or body artists, pawn shops, bingo halls, billiard or pool halls, game arcades, gaming, video poker establishments, computer game centers, or games played on individual (1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home furnishings and appliances, office equipment and furniture, hardware, lumber and building materials, auto, boat and marine related parts, and similar retail uses, but not convenience stores. (2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor or outdoor seating areas but without drive-through facilities, health clubs and gyms, laundry or dry cleaner, funeral home, printing, radio and television and electronics repair, lawn care service, pest control companies, surf board repair in association with surf shops, but not the production of surfboards, and similar service uses. (3) Banks with or without drive-through facilities, loan companies, mortgage brokers, stockbrokers, and similar financial service institutions. machines or computers, including any type of card, token or coin-operated video or simulated games or similar activities or machines which are played for any type of compensation or reward. Where a proposed use is not specifically listed in this section, the permissibility of the use will be determined based upon its similarity to listed uses and the compatibility and potential for adverse impacts to existing nearby uses. The uses permitted in the CG zoning district shall include the following subject to the limitations as set forth within following subsection (d). Unless otherwise and specifically provided for herein, all business activities, products for sale and services must be located within an enclosed building properly licensed for such use. (6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may be located outside of the adjacent building licensed for such business, provided no obstruction to walkways, parking and internal driving aisles is created. (7) Retail sale of beer and wine only for off-premises consumption. (8) On-premises consumption of beer and wine only in conjunction with a full service restaurant, which is a food service use where unpackaged ready-to-consume food is prepared onsite and served to the customer while seated at tables or counters located in a seating area within or immediately adjacent to the building. Page 2           October 17, 2017 Community Development Board Agenda Packet Page 73 of 75 uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses: (1) Pet kennel and facilities for the boarding of animals. (9) Automobile service station with minor automotive repair and with accessory car wash. Minor automotive service, and car washes. ( Note: Heavy automotive repair not permitted per Ordinance [Number] 90-06-197, adopted 12-11-06). (10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex. (11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as defined within section 24-17. (12) Institutional and government uses, buildings and facilities. (16) Residential use, consistent with the comprehensive plan, which permits residential uses not exceeding the medium density category when in conjunction with, or adjacent to commercial development and redevelopment, provided that such residential development shall not be permitted within the coastal high hazard area. Policy A.1.11.1(b). Single-family residential uses within the CG zoning districts existing as of the initial effective date of these land development regulations shall be considered as vested development. (17) Mixed use projects combining the above uses and those approved as a use-by-exception pursuant to subsection (c) below. (18) Electric charging stations. Uses-by-exception. Within the CG zoning district, the following uses may be approved as a use-by-exception where such proposed uses are found to be consistent with the (13) Churches in accordance with section 24-153. (14) A single dwelling unit, where such dwelling is an accessory use to the principal use and located within the same building as the principal use. Such dwelling unit is intended to be occupied by the owner or an employee of the principal use. (15) Those uses listed as permitted uses and uses-by-exception in the commercial limited and commercial, professional and office zoning districts, except gas stations and convenience stores. (c) (2) Veterinary clinic. (3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this Code. (4) Restaurants with drive-through service where the site contains lanes dedicated solely to drive-through business (this shall not be construed to prohibit restaurants with carry-out service, which are a permitted use). (5) Limited wholesale operations, not involving industrial products or processes or the manufacturing of products of any kind. Page 3           October 17, 2017 Community Development Board Agenda Packet Page 74 of 75 (2) Contain an access width along the curb line of the Street of not more than forty (40) (6) Contractors, not requiring outside storage, provided that no manufacture, construction, heavy assembly involving hoists or lifts, or equipment that makes excessive noise or fumes shall be permitted. Not more than one (1) contractor related vehicle shall be parked outdoors on a continuous basis. (7) Produce and fresh markets with outdoor sale and display of garden produce only. (8) Cabinet shops, woodworking shops and surfboard production. (9) Hospitals. The following provisions shall apply to the location, design, construction, operation and maintenance of service gas stations and the property upon which they are located: (a) Lot dimensions. A lot containing a service gas station shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than two (2) street frontages of at least one hundred fifty (150) feet each and an area of at least twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have a street frontage of at least one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet. (b) Access to site. Vehicular entrances or exits for service gas stations shall: (1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of street frontage or fraction thereof; (10) Sale of new and used automobiles, motorcycles and boats, and automotive leasing establishments, but not temporary car, truck, boat or motorcycle shows or displays. (11) Businesses offering live entertainment, not including adult entertainment establishments as defined by Section 847.001(2), Florida Statutes. (12) Gas stations, subject to the requirements of Section 24-165. (13) Convenience stores. Sec. 24-165. -Service Gas stations. feet as measured parallel to the street at its narrowest point, and not be located closer than one hundred (100) feet from a street intersection along any arterial or collector street and/or closer than fifty (50) feet from a street intersection on a local street or closer than ten (10) feet from adjoining property; (3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street. (c) Location of fuel pumps and structures. No principal or accessory building, no sign of any type, and no gasoline pump shall be located within fifteen (15) feet of the lot line of any property that is residentially zoned. No gasoline fuel pump shall be located within twenty (20) feet of any street right-of-way line. Page 4           October 17, 2017 Community Development Board Agenda Packet Page 75 of 75 (d) Lighting. All lights and lighting on a service gas station shall be so designed and arranged so that no source of light shall be directly visible from any residential zoning district; this provision shall not be construed to prohibit interior lighted signs. (e) Number of fuel pumps. The maximum number of fuel pumps permitted within a single development shall be ____. (f) Hours of operation. The hours of operation shall be limited to ____ to _____. (g) Buffering/Screening- enhancements to existing buffering/screening? Greater tree density, fences, required trees and shrubs between structures and adjoining residential? (h) Setbacks- additional provisions where residentially zoned properties abut gas station uses? Page 5