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D. UBEX17‐0003 PUBLIC HEARING (Eric Luman) WITHDRAWN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
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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
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. .
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~
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(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
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2 STORY
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RESIDENCE
#720
CONCRETE. DRIVE
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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
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October 17, 2017 Community Development Board Agenda Packet Page 28 of 75
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TYPICAL
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TO CONCRETE AND COLUMNS PER
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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
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October 17, 2017 Community Development Board Agenda Packet Page 30 of 75
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October 17, 2017 Community Development Board Agenda Packet Page 32 of 75
October 17, 2017 Community Development Board Agenda Packet Page 33 of 75
October 17, 2017 Community Development Board Agenda Packet Page 34 of 75
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C
CASE NO. 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
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~~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
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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
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October 17, 2017 Community Development Board Agenda Packet Page 57 of 75
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PAGE 29, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
CERTIFIED TO:
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mUSILINE MORTGAGE
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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
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Page 61 of 75
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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.
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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
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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
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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. A DlST~CC OF 17lJ.18 F!"H, TO A ~T ON TH~ .AF(JR[~O I q)
~
,"'1 '-= Q.R. 900/( J0677, PA(L 291J ~~ ~~s r.~I Ii] :1
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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
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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.
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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.
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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.
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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?
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