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ATLANTIC BEACH, FL 32233
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CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
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5/3/2018
NEIL A. MCGUINNESS
333 5TH STREET
ATLANTIC BEACH, FL 32233
Mr. McGuinness,
RE: 333 5th Street-Zoned RS-2
We have reviewed property surveys and the letter from September 2003 regarding your request to separate
Lots 14 and 16 of Block 7, of Subdivision "A". After careful consideration with the City Attorney and City
Manager, we have determined that Lots- 14 and 16 can no longer be developed separately without approval
from the City Commission.
Our research shows the: following: On May 12, 2003 Sec. 24-190 was adopted which prohibits
nonconforming adjacent lots developed as a single development parcel from later being developed
individually unless each lot meets current development standards. In December of 2003, the minimum lot
width for the RS-2 zoning district was increased from 50 feet to 75 feet which made Lots 14 and 1.6
nonconforming individually. In addition, the lots are currently developed as a unified development project
with regards to access,parking, setbacks,maximum impervious surface, and accessory structures.
In order for Lots 14 and 16 to be developed individually, a waiver approval to Sec. 24-190 would be required.
from the City Commission. In addition, any variances triggered by separating the lots such as setback
encroachments would require approval by the Community Development Board.
Please let us know if you would like to schedule a time to discuss these issues. Below and attached are
relevant code sections.
ARTICLE IV.-SUBDIVISION& SITE IMPROVEMENT REGULATIONS DIVISION 1.- GENERALLY
Sec. 24-17. -Definitions
Development parcel or development site shall mean the contiguous or adjacent lands, lots or parcels for
which a unified development project is proposed.
Sec. 24-106.-Residential, single-family district(RS-2).
(a) Intent. The RS-2 zoning district is intended to apply to predominately developed areas of single-family
dwellings with platted lots that are smaller than those in the RS-1 zoning district. All development of land
and parcels within the RS-2 zoning district shall comply with theresidential density limitations as set forth
within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended.
(b)Permitted uses. The uses permitted within the RS-2 zoning district shall be:
(1) Single-family dwellings.
(2)Accessory uses (see section 24-151).
(3) Government uses,buildings and facilities.
(c) Uses-by-exception. Within the RS-2 zoning district, the following uses-by-exception may be permitted:
(1) Churches, subject to the provisions of section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4)Home occupations, subject to the provisions of section 24-159.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following
requirements. These lots may be developed subject to all applicable land development regulations; however,
all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to
obtain building permits authorizing development(see section 24-188 and section 24-189). The minimum size
for lots within the RS-2 zoning district, which are created after the initial effective date of these land
development regulations, shall be:
(1)Lot or site area: Seven thousand five hundred(7,500) square feet.
(2)Lot width: Seventy-five (75) feet.
(3)Lot depth: One hundred(100) feet.
(e)Minimum yard requirements. The minimum yard requirements within the RS-2 zoning district shall be:
(1)Front yard: Twenty(20)feet.
(2)Rear yard: Twenty(20) feet.
(3) Side yard: Combined fifteen (15)total feet and five (5)minimum feet on either side.
(f)Building restrictions. Building restrictions within the RS-2 zoning district shall be:
(1)Maximum impervious surface: Fifty (50)percent.
(2)Maximum building height: Thirty-five (35) feet.
Sec. 24-190. - Multiple lots and parcels treated as a single development parcel. In the case where more than
one (1) parcel, platted lot or lot of record has been combined and developed as a single development parcel,
such lots shall not later be developed as a single lot, unless all requirements for development as a single lot
shall be met including, but not limited to, impervious surface area limitations,and provision of all required
yards for all structures.
Sec. 24-191. -Waiver.
(a) General. Where the city commission finds that undue hardship due to unreasonable practical difficulties
may result from strict compliance with this article, the city commission may approve a waiver to the
requirements of this article if the waiver serves the public interest.
(b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a written request
for the waiver stating the reasons for the waiver and the facts, which support the waiver. The city
commission shall not approve a waiver unless it determines as follows:
(1) The particular physical conditions, shape or topography of the specific property involved causes
an undue hardship to the applicant if the strict letter of the article is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for
which the waiver is sought, are not generally applicable to other property and do not result from actions of
the applicant.
(4) The waiver is consistent with the intent and purpose of this chapter, the comprehensive plan and
the requirements of this article. If the city commission approves a waiver, the city commission may attach
such conditions to the waiver as willensure that the waiver will comply with the intent and purpose of this
article.
Best regards,
Gam-►-�
Shane Corbin
MUP,MPA, GCRED
Director of Planning and Community Development
800 Seminole Road
City of Atlantic Beach,FL 32233
(904)247-5817
www.coab.us