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1911 Beach Avenue ZVAR 03.26.1987 (Moller) Please Print or Type age 1 of2 1 \'�- -� 1111 • VARIANCE RE• 'EST ate Filed : march 26, 1987 1 ) REQUEST A VARIANCE FROM THE REGULATIONS INDICATED HEREIN, BECAUSE THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN CARRYING OUT THE STRICT LETTER OF THE CODE OR ORDINANCE . THE UNDERSIGNED HEREBY APPLIES FOR A VARIANCE AS FOLLOWS : 1. Variance is sought from the provisions of the : ( ) Building Code (x ) Zoning Ordinance ( ) Plumbing Code ( ) Electrical Code 2. Location of the :,..,►t,o.,;�o,•,..�`.d _ nStructure : On West Side "of unnumbered Beach Avenue (1911 Beach Avenue is across street, on Ease Side; number this address is lot number 49, of North Atlantic Beach Unit 2) . street 3 . Legal description of property : See attachment number 1. NOTE : Attach survey or plot diagram indicating setbacks Plnt diagram, indicating setbacks, and pro- and proposed construction, posed construction, along with deed, are along with the deed. attachment number 2. NAME AND ADDRESS OF APPLICANT REQUESTING VARIANCE : Note : If the applicant is other than all the owners of the particular property , written consent signed by all the owners of the particular real property shall be attached. Herbert B. Moller, Jr. 1911 Beach Avenue Atlantic Beach, Florida 32233 Phone : Home 241-2541 Phone : Home Work same as above. Work DESCRIBE VARIANCE REQUESTED : Rear yard setback variance frau required 20' to 10' . SECTION OF CODE FROM WHICH VARIANCE IS SOUGHT : RG2 24-107 (e) (2) . THE REASON VARIANCE IS BEING SOUGHT : So that owner may construct a single family dwelling 35' X 20' . It is impractical - indeed; probably impossible, certainly highly undesirable - to build a structure 35' long but only 10' wide. . a.y -" 34tIr 1%,z), SUPPORTING DATA WHICH SHOULD BE CONSIDERED BY THE BOARD : See attachment number 3. ARE THERE ANY CONSTRUCTION PLANS INCLUDED WITH THIS APPLICATION? no. WHAT IS THE APPLICANT ' S INTEREST IN THIS VARIANCE? Applicant is owner. '&& ) r1 ,,w ( - -Ye 2 of 2 Variance Request In filing this application for a VARIANCE , the undersigned understands it becomes a part of the official records of the BOARD OF ADJUSTMENT and does hereby certify that all information contained herein is true to the best of his/her knowledge . '4/ ; �� ',ANS HERBERT B. MOLLER FR ,JR. Signature of Owner Agent Address and Phone OR Phone :Wk . Signature of Agent Hm. NOTE : If signed by Agent , include letter from owner to that effect. DATE OF REVIEW: VARIANCE GRANTED? ) 4t.C., REASON : NOTE : IF THE APP ICATION IS DISAPPROVED BY THE BOARD OF ADJUSTMENT, THEREAFTER THE BOARD SHALL TAKE NO FURTHER ACTION ON ANOTHER APPLICATION FOR SUBSTANTIALLY THE SAME PROPOSAL ON THE SAME PREMISES UNTIL AFTER TWELVE MONTHS FROM THE DATE OF SUCH LAST DISAPPROVAL. Chairman Secretary That portion, of those: lands ,conveyed,.by.. R-C-B-S Corporation, . acorporation to Ne t'l1UCUMENTARY , Ptune:BeachTerrace, Inc., a. corporation :��; � :. of Florida, dated May 2, 1936, recorded May' 7, 1936, in IIDeed Book 719, page 201, of the current public records of(..... Duval County, Florida, described as follows: ;]E.M*��•;. �97 Commence at the Northwesterly' corner of Lot Forty-nine c�/�lE//LL�yf/T/ (49) ,"North' Atlantic Beach Unit No.•2, R-C-B-S Corpora- -,A according to plat recorded in Plat Book 15, page 57, • ��IK_4 isi r'� of the public records,of ,said, County;, thence Westerly ~•' . alongan extension of,.the.Northerly, line of said Lot L 6W9 ! / ..' ':. Forty-nine (49) a distance`of Twenty-five`.(25) feet more • f 4!Ill or less to the West aide:'of Garage Approach Roadway; .i.� g. PP �o y (said PeSCIVri047 S•`3!'..° l roadway being'.indicated,_on said mentioned plat) forapoint . :iar' u.:, r' ' O� M3wri:;;;u.e of beginning of the land hereby conveyed; thence Southerly /3/C0/24%along the west side of .sai G age. Approach Roadway a distance • of fifty and .six-hundredth p50,0d).. more- or less, to a point' : lyingin an extension ;of the„Southerly line of said Lot Forty- C6. 'i' C ,- _ nine .(49) if ..extended, in a.ti'Fester]y direction; • thence Westerly ,p +b '. along a line coinciding with the ,southerly line of said Lot �4om ;,„�;; ,,. � Forty nine (49) if extended in a Westerly direction (that is P�C'�/-� 4. '„•► to say, parallel with the Northerly line of Eighteenth street) J 1. point; thence Northerly o, . � ,...r.� a distance of fifty (50) feet to a • �H, ���` ;� �: along a line parallel to the Westerly aide of said 4:� ...°:...:'�''���� % : . Approach Roadway, Garage a distance of,.fifty and six-hundredths (50.06) -., ,.,,.. •% feet more or less to a point lying in an extension of the Nor- ..... .. ,; `•1-i; '',147.,.1- 1:, therly line of said Lot /' 's F=-� Forty-nine (49) if, extended in a i+ester- ?, :, ly direction; thence Easterly along a line coinciding o, :•,1�o atm; Northerly line of said Lot Forty-nine withnthe i o,._y f. (49) if extended in a a� -'Forr �',esterly direction a distance. of; fifty ) . � .(50 feet to the point .. ,i �'�...'_!' '.• of beginning in the '�.'esterly side• ,of Garage Approach Roadway. SUBJECT to taxes for the year 1943. 4777106W-i-. # g. PLOT DIAGRAM, INDICATING SETBACKS: Al _ I( L.Q2 ' )1 ‘‘13% 4 i llC IV iliz '-ii � / OO So• FT •• LI) ---/01--11 tr, K ao ' �, E .' ,w , ,,,.Li.r Cr) 14 a 1 ,,c..) .f.. . k c , I ,,.. o � .:, o \, % , ,, , ,e_. . ., „ PROPOSED CONSTRUCTION: Ground floor: two car parking, laundry roan, storage and bath. First floor: Kitchen, living roan and bath. Second floor: Two bedrooms, two baths. Structure would be within the City's 35' height restriction. DEED: attached. I Lb ,,N o . N - I,107 I t E— 817 O Q t1 617 0 0 0 D 0 c ' _1_9 7 ) .0 I' 06 1 - .0, . Q' 1'\\ _ i , v U �� 74 Ili z s I o, 10 11 CO � � oo 1 �, £S I it o f— • d Nz ZrIn — L tK 1 vg " e 1 D - (�' —m ;.661 000c • Ijzc6�1 1 1 I Z n: ss 1 I vbs; 14°)z1 1:10 _ 8 1 9 s i\ 1— 1 - z LG 1 0CC 001 Q 2 a8S "� I tbccv•�zsE,')I b 1--ce SOL-L•)IbO O 0 6Q O f .CC. Q, OI in Z < °oo°- szsa�� OBJtn 0 LbE-fiear yo ^ \\ t,661 .Of6 _ u)I .7 II 11 . .1 .L332i-LG H1 61 , <. I « n - i I ! t-, �� 2 • DEED 976 :FAGE474 WARRANTY DEED THIS INDENTURE Made this' slay of NEPTUNE LAND COMPANY, INC., a corporation existing underch, Athe. laws3ofbtheeen State of Florida, having its ` g' . principal' place' of business in the County of Duval, State of Florida, ty,,ofrthe l;r>at Dart, and , MARY . MOLLER, party of the second 'part.. . : . - �. +�i]u .a. .f,i'tar.i. t;:•. I Yr I, T`N E S�.s E:.T H. J THAT the said party ofthe first part,' for and in consideration of the sum of Ten Dollars to it in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, ' sold,; al'iened, remised, released, con- veyed and confirmed, and by these presents, doth grant, bargain, sell, alien, remise, release, convey and `confirm unto the said its successors and assigns forever, all that certainrparcel ty of tof landhe lying part, and being in the County of Duval and State of Florida, more described as follows: particularly ---$-.,---- That portion: of those lands conveyed by �`B-S Corporation, ;---$.,-- it a corporation, to Neptune Beach Terrace, Inc., a: corporation \A d of Florida, dated May 2, 1936, recorded May S . I ', Deed Book 719, page 201, of the current 7, 1936, in 4�, ' {� public records of Duval County, Florida, described as follows: "1[44#1r Commence at the Northwesterly" corner of Lot Forty-nine (49) ,`NorthAtlantic Beach Unit No. 2, R-C-B-,c Corpora- . •� tion, according to plat recorded in Plat Book 15, page 7 :�j ,i.. _��-� of the public records of said, County; e @ 5 ' :,� /r along an extension of the Northerly line tofnsaid Lot rly •� Forty-nine (49) a distance of • / ; ��� • �;� or less to the �� Twenty-five (25) feet more ,,jy ; est side of Garage Approach roadway (said �da1" wR1V ' roaaybing indicated on said mentioned plat) for a pointr beginning of the land hereby conveyed; thence Southerly along the nest side ofsai G page Approach Roadway a distance of fifty and six-hundredth _ in an extension. of },hep; �0��` more or less, lyingto a point n . outher1y line of said Lot Forty- ' (49) if .extendedin a,Westerly direction; ' thence Westerly X6' ,, along a line coinciding with ,the ,Southerly line of said Lot :AT--_ r% ,„�4 Fort:-nine (49) if extended in a `'' '�'}= Westerly direction (that is ,, , ,tr• .,-0e- - $ to say, parallel with the N rtherly line of Eighteenth ° _ t.9 =i•r.• a distance of fiftystreet) M, # along (50) feet to a of �;ep> a line parallel to the Westerlyp nt, thence Northerly - _.: Approach Roadway , side of said Garage a distance of,.fifty and six-hundredths feet more or less U`° , j`fir ther lying in an extension of the JSP_ dos �f� ��� ly line of to a point (50.06) said Lot Fort (49) if, extended inNst- �,,o-� ,„�; i- � direction; Forty-nine a ;y z n; thence Easterly along aline coinciding with she- 'l' o �7 .: .a Northerly line of _ 00\N Ji'�'w�=�_ ,,� r;esterl direction sa dist nceForof fif"t (49) if extended in a the -;,•ca` +►°'° ,; oe beginning in the i'este ,� Y (50) feet to the point rly side of Garage Approach Roadxay• SUBJECT to taxes for the year 1943. I TO HAVE AND TO HOLD the same, together with the , . to ne ments, heredita- ments and appurtenances unto the saidpurchaser, her legalrepresentatives,succe5sors and assigns, ifeempleforr,SSUBJECT, NEVEtTfE1E;s, tthe erestrictions, reservations, iveand limitations hereinafter setforth. i MILAM,McILVAIN5 a MILAM i 4.1ACKSONVILLE,I0LORIDA Page 2. DEED 976:-PAGE 47 AND the .said seller, for:ttself and :its . successors, hereby covenants 'and agrees with the purchaser her heirs and assigns, as follows: That the seller has full.,power and lawful rightto.. convey said land in fee simple, and that it 'shall be lawful for..,.the purchaser, ,her heirs and assigns, at all times peaceably and quiet]y .to enter upon, hold, occu land, and that said land is free from all encumbrances, py and enjoy said EXCEP T ; • x„�'s. i,n ,, Xes>for,_the, year1 943,�and�,thereafter AND that :the seller, its successors and assigns, will make such further assurances to perfect the fee simple title to said land in the her heirs and assigns, as may reasonab purchaser, hereby fully warrant the, title to said land anduwill-.defend, and that thethe sameeaggainstes • lawful claims of all persons whomsoever; PROVIDED, HOPIEVI;R, that said land andall the covenants of warranty of the seller in this deed subject to the restrictions, reservations, conditions, covenants andulimitatio set forth . ehereinafter set forth. The purchaser, for herself, her heirs and assigns, hereby covenants and agrees that the. following restrictions, reservations, conditions, covenants and limitations numbered- i.-to 5 inclusive are accepted and shall be deemed cove- nants running with the title to said land for the period expiring May 1961, and that all contracts, deeds, mortgages or conveyances affecting said landhere- after and within said � period shall include the same and each thereof. S restrictions, reservations, conditions, covenants and limitations shall�indall respects be deemed several and independent, and the invalidity of one or more or any part thereof shall in no wise impair the validity of those or those remaining. bald restrictions, recovenants and limitations are as follows: parts reservations, conditions, 1. The restrictions and conditions, as to race, residential garages and outbuildings on Dewees'Avenue •ard- 16th;Street contained in the deed from R-C-B-S C use and Corporation to Seller, dated May k, 1936, and recorded in the pub- lic records of Duval County, Florida, in Deed Book.:71 as conditions and restrictions hereunder.. 9, page 201, are accepted 2. Said land shall be ;used.,for, residential ments are permitted. No residence shall .be. erected or. rposes on]py. Apart- . unless the actual cost of such residence, exceed allowed No occupy said land used wholly oror d $1500.00. temporary building said land prior to the erectionofresidence residential thereonsPs shall be allowed to occupy 3. No buildings shall be erected within three feet of the boundary lines between private property, nor nearer than six feet of the street In case of corner lots thef Ina house) shalloutbuildings and garagesline.r be located in the quarter portion (unless. hlot away in fromas part of of the both streets. 4. No .billboard or other.sign shall be.placed upon saidP roperty, except neat and small signs for rent or sale of said property. 5. The seller hereby reserves unto itself, the perpetual right of using a strip of land three feet in thewidthcat� land for placing and operating utilities'and .no building shall be erected cte and assigns, over this reserved strip. rear of said acted upon or The foregoing restrictions and conditions are several and independent and are accepted and shall be deemed covenants running with the land for from May 2, 1936. Should the purchaser violate 25 years tions or refuseany of these covenants and condi- tions to abate any violation upon demand by the seller, the purchaser will MILAm;MCILVAlivk i.'-MIIIAsi ACKSONVILLC;FLOgIDA Page 3• DEED 976 PAGE 476 pay seller's reasonable cost and expenses, including attorney's fees incurred in enforcing the same, which sums shall be a lien upon said land. The seller reservesg the right at any time to give release from any of these restrictions, except those made in said R-C-B-S Corporation deed to the seller, by execution of release under seal by the seller. • s deedtitok'bIN WITNESS WHEREOF, . NEPTUNE LAND COMPANY, INC., has caused to be hereunto affixed, a tested A.byit6?ePresident, -and its corporate seal f of Directors, the day and year firstiabove ts cvritten der authority of the Board ;� ""lo„ Signed, sealed and delivered ,`\\1�.' ca ••'....4 in the presence of: NEP '' LAND COKP � . '. e_ci..4.4V\-) i •AMAPreside /to-. '. , z `'•;`� dgt1 .")%46"41 :41:5. +,i.,1 ''' ATT ST:,„, STATE OF FLORIDA �'cre ry COUNTY OF DUVAL ) ss • Before me and appeared ROBERT R. MILAM and GEORG' W. MILAM, to me well known known tome to be the President and Secretary, respectively, of NEPTUNE LAND COMPANY, INC,, the corporation named in the fore- going instrument, and to me corporationgtinstrument, the known to be the persons who as such officers of said the said George W. Milam did eacknowledge before; and then and eme that saidre the Robertn free act and deed of said coR. Milam and rpoation said instrument is the officers for the purposes therein expressed.; respectively executed as office corporateorsealrby ; that the seal there suchattached i em du them in like capacity affixed; thereunto oy .1)-1, 441,-..- .,...(A.,,,.,. . � � vested by the Board of Directors of Y �,�;` "'''''N:�,m .d said all under authority •''\ � . .:i''x i� . corporation. ,,: . '+,d;1 '1)'^r:. WITNESS my hand rP :• Q N,(./;fr� .L' and official seal this q,,,/ o a .�"� i a ,��. 1 [..""z- d Y of March, 1943. •;':).6.e.:4•.,,e,C.t.4.,1.,,I,.\,&L_____31.056 4. 71 C, oft FILED MAR f1O �9• ary Public, State of Florid s2..&.O'CLOCK P.M. RECORDED IN THE,PUg a at ,....OF.,DUVAL COUNTY, IN THE BOOK AND PAGE NO ED ABOVE RDS ge• MY Commission Expires: FLORIDA,ORID /14(e- ' 14(- w• - Clerk Circuit Court �' . Deputy. Clerk 0. ,. '�, • .'\ r �I. . ... . .�.. 1 L � :::1,,;.;,,k':r41y � f.Mty•11�''1�/ b' 47 ,.., t ^ • MJLAM,MoILVAINE & MILAM JACKSONVILLE,FLORIDA ATTACHMENT NUMBER 3 SUPPORTING DATA WHICH SHOULD BE CONSIDERED BY THE BOARD: The lot in question has been owned by my family since 1943; I have been the owner since 1984; for many years prior to that I have intended to build a single family dwelling on the property. The following letters are included as part of this attachment: 1. Letter of May 7, 1982, from me to the Building Permits Department, City of Jacksonville, asking if I could build on the lot. 2. Letter of May 11, 1982, ;fron Ms Eugenia D. White, City of Jackson- ville, indicating that I could build on the lot, if the deed was re- corded prior to September 5, 1969 (as it was) , subject to yard set- backs of 20' front, combined 15' side, and 10' rear. 3. Letter of October 8, 1986, from me to Ms White, asking for con- firmation of my right to build on the lot, subject to the afore- mentioned setbacks. At that time it was my impression that the Atlantic Beach setback requirements were the same as Jacksonville's (reference paragraph three) . 4. Letter of October 13, 1986, from Ms White, confirming the setback requirements. 5. Letter of November 17, 1986, to me from Mr. Fellows, Atlantic Beach City Manager, stating that the Atlantic Beach City Code required a 20' rear yard setback, instead of 10' as required by Jacksonville. By the time I received Mr. Fellow's letter it was too late to prepare for building and obtain a building permit from the City of Jackson- ville, and the property was annexed into Atlantic Beach effective January 1, 1987. Under the Jacksonville code I would not have needed a variance for the structure I plan. May 7, 1982 Building Permits Department City of Jacksonville City Hall 200 E. Bay Street Jacksonville, Florida 32202 Gentlemen: I have in mind building a small single family dwelling on the lot circled in blue on the enclosed plat map. The lot is 50' square and its eastern boundary is a road called Beach Avenue. My understanding is that my right to build on a lot of this size is protected by a Grandfather Clause. If this is true I would be grateful if you would answer the following questions: 1. What restrictions, if any, are there as to the minimum or maximum square footage of a dwelling which can be built; also, what, if any, are the height restrictions? 2. Is there a mandatory set-back from the eastern boundary on the road (Beach Avenue) , and mandatory set-backs from the northern, western and southern boundary lines? If so, what are they? 3. If necessary, how would I go about applying for a variance as to minimum or maximum size of the dwelling and/or set-backs from the boundary lines? Thank you for your kind attention and please reply to my temporary address below. Sincerely yours, Herbert B. Moller, Jr. 2030 F. Street, N. W. Apt. # 611 Washington, D. C. 20006 Enclosure Map Number 2S29-2-9-2 DEPARTMENT OF PUBLIC WORKS . Building & Zoning Inspection Division _.I. 4 Q May 11, 1982 '44cKSONVA\-v . Mr. Herbert B . Moller, Jr. 2030 F . Street, N. W. , Apt . #611 Washington, D. C. 20006 Dear Mr . Moller: This is in response to your letter May 7 , 1982, requesting information and the regulations governing your building a small single family dwell- ing on the lot circled on the enclosed plat map. The property described in the attached map is zoned Residential General (RG-10) . In order to build on this lot, the lot would have had to have been recorded prior to September 5, 1969 (to be protected under the Grandfather Clause) . The lot coverage could not exceed 35 percent with a maximum height of structures being 35 feet. The minimum yard requirements are 20 feet front , combined 15 feet side and 10 feet rear yards . A variance could be applied for to reduce the requirements . The Planning Commission grants or denies these applications. Attached is a copy of variance applications. If I can be of further assistance to you, please do not hesitate to con- tact me. Sincerely yours , C--u- �_ ,j' �, , Eugenia D . White Zoning Inspection Supervisor Building and Zoning Inspection Division EDW/dd Attachments (2) mew filla AREA CODE 904/633-5450/220 E.BAY STREET/JACKSONVILLE,FLORIDA 32202-3472 P. 0. Box 127 Atlantic Beach, Florida 32233 OeLober 8, 1986 Ms Eugenia D. White Zoning Inspection Supervisor Building and Zoning Inspection Division Roan 100 220 East Bay Street Jacksonville, Florida 32202 Dear Ms White: I refer to our conversation of September 16, 1986, concerning my building a single family dwelling on the lot circled in blue on the enclosed plat map. I first wrote to the City of Jacksonville regarding this matter on May 7, 1982 (copy of my letter is enclosure number 1) , and you replied on May 11, 1982 (copy of your letter is enclosure number 2) . The property involved is located north of the Atlantic Beach city limits, in an area generally referred to as Seminole Beach but within the Jacksonville city limits. For same time there has been a maverent by residents of the North Beaches area, which includes Seminole Beach, to be annexed into the City of Atlantic Beach, and this question will be on the ballot in the November 4 general election. I have been concerned that my ability to build on the lot in question will be safeguarded, should annexation take place, and referred the question to the city manager of Atlantic Beach. After consulting with the city attorney he informed me that my right to build, if the property became part of Atlantic Beach, would be guaranteed provided I furnish them with an official letter frau the City of Jacksonville stating the conditions under which I can build under Jacksonville regulations. In accordance with your request I am en- closing a copy of the warranty 4,A414, showing the lot was recorded on PAarch 10, 1943. With many thanks again for your assistance, I am Sincerely, Herbert B. Moller, Jr./ Enclosures 1. Letter to City of Jacksonville, dated May 7, 1982 2. Letter ficin Ms Eugenia White, dated May 11, 1982 3. Warranty Deed 976 Page 474, recorded March 10, 1943 4. Plat map with lot circled in blue. DEPARTMENT OF PUBLIC WORKS ".N. Building and Zoning Inspection Division \4 )CKSONV � October 13 , 1986 Mr. Herbert B. Moller, Jr. P. O. Box 127 Atlantic Beach, Florida 32233 Dear Mr. Moller: This is in response to your letter of October 8 , 1986 requesting information concerning property you own in Atlantic Beach. The deed that you attached is dated March 6 , 1943 and would be classified as a buildable lot as it was recorded prior to Sept- ember 5 , 1969 and protected under the grandfather clause. The setbacks for building on this lot would be 20 ' front yard, combined 15 ' side yard ( 5 ' on one side and 10 ' on the other and a 10 ' rear yard) . These could be reduced to 10 ' front, 4 ' on either side and 5 ' rear yard with a yard modification signed by all contiguous property owners. If I can be of any further service, please contact me. Sincerely, Eugenia D. White Zoning Inspection Division EDW:bb bee10 "warm AREA CODE 904 1 633-5450 1 220 E. BAY STREET/JACKSONVILLE, FLORIDA 32202-3401 IIIA' • , I Io CITY OF �, �1 � f. c f�cad - i�l'o<<c IL� 71 G OCEAN BOULEVARD `"!j— --- - - - ----- ---- P.O.BOX 26 It ATLANTIC BEACH,FLORIDA 32233 TELEPHONE(904)249-2395 November 17, 1986 Mr. Herbert Moller, Jr. QQ Post Office Box 127 /7)/f- 9'Beach Avenue Atlantic Beach, Florida 32233 Dear Mr. Moller: You have posed the question as to whether or not a piece of property which you own in North Seminole Beach would be a buildable lot when the area becomes a part of the City of Atlantic Beach. The lot, as we understand it, measures 50' x 50' and lies on the west side of Garage Approach Road, better known as Beach Avenue in North Atlantic Beach, Unit 2. You have provided us with a deed dated March 6, 1943, and further have provided us with a letter from Eugenia White, Zoning Inspection Division of the City of Jacksonville, indicating this was a buildable lot as it was recorded prior to September 5, 1969, and protected under the grandfather clause. Under the Atlantic Beach City Code, setbacks for building on this lot are similar to those of Jacksonville, with the exception, we require a 20' rear yard instead of 10' . We also do not have any type of a yard modification provision such as, apparently, the City of Jacksonville has. We do have the Atlantic Beach Board of Adjustment which can grant variances from the required setbacks based on hardship. Based on the information which you have furnished me, along with the documentation, it is my opinion the City of Atlantic Beach could furnish you a building permit provided the required setbacks are either adhered to or modified through a variance granted by the Board of Adjustment. Sincerel , Richard C. Fellows City Manager RCF:ml cc: T ommunity Development Director City Attorney of Ps -1 �, ,,& :2 • FINDINGS OF FACT Board of Adjustment The Board of Adjuslinent of the City of Atlantic Beach, in considering the following variance request; • has determined the following— Ed ngs of fact: . • YES NO 1. Special conditions and circunstances exist which are peculiar to the land, structure, or building involved and t/ which are not applicable to other lands, structures or buildings in the same zoning districts 2. Tlie special conditions and circumstances do hot `j result from the actions of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the code to other lands, buildings or structures in the same zoning district. 4. Literal interpretation of the provisions of the code • would deprive the applicant of rights cannonly enjoyed p by other properties in the sane zoning district and . would work unnecessary and undue hardship on the ' applicant. • 5. The variance is the minimun variance that will make v' • possible the reasonable use of the land, building or structure. • . 6. 'Ihe variance is in ha aany with the general intent ✓ ' and purpose of the code. • 7. The variance will not constitute any change in .they districts shown on the zoning map. . • 8. The variance will not impair an adequate supply of ✓ • • light and air to adjacent property. 9. 'Ilse variance will not materially increase the congestion in public streets or increase the public v danger of fire and safety. , 10. The variance will not materially diminish or impair ✓ established property values within the surrounding area. • 11. The variance will not impair the health, safety, V morals and general wellfare. • . ' • •2 BEFORE THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA No. V-87-4-F WHEREAS, Herbert B. Moller, Jr. , the owner of the real property described in this order has applied to the Community Development Board for a zoning variance, to construct a single family dwelling with a 10' rear yard in an RG-2 zoning district ; and WHEREAS, the Community Development Board has considered the application and rendered an opinion; and WHEREAS, taking into consideration the above opinion, the Community Development Board finds that the granting of such variance will not be contrary to the public interest and owing to special conditions a literal enforcement of the provisions of the Zoning Code will result in unnecessary and undue hardship; now, therefore, BE IT ORDAINED BY THE COMMUNITY DEVELOPMENT BOARD THAT: Section 1. Variance Granted Subject to Conditions. The owner/s of the real property described in this order are hereby granted a zoning variance from the requirement of Chapter 24 of the Ordinance Code of the City of Atlantic Beach permitting a 10' rear yard; subject however to the condition that said variance shall be transferrable and shall run with the title to the property described in this order and subject further to the condition that said variance shall be commenced within one year from the effective date of this order. ti 11. 1 Section 2. Owner and Description. The land as to which a zoning variance is granted by this order is owned by Herbert B. Moller, Jr. and described as follows: (see attached legal) That portion of those lands conveyed by R-C-B-S Corporation to Neptune Beach Terrace, Inc. Section 3. Effective Date. This order shall become effective upon it 's execution. Executed this 21st day of April, 1987. t \N-Q-Q_CtO.Ww~--- W. M ie, Chairman Community Development Board ATTEST: / �- 2L_ , e-]/ Ati2/ Rene' Angers, Secr tary Commu ity Develo nt Board ONE YEAR EXTENSION GRANTED DECEMBER 15, 1987 (expires April 21, 1989) FORM APPROVED: 1110011111" i Rene' A gers, Sec'etary Communi y Develop' e Board aude L. Mullis, City Attorney . . . I. . . . . . , • . • - . • • _ _ . __ ........._. . . _ _ . . .. • • 4, . ... . . . • . • That portion, of those: lands ,conVeyed: :t;Y R-C-B-S Corporation, ,:•. , ‘ • . .,--,•.---- . . a Corporation, to Nepiune':BeaCh,Terrace, Irc., a..corporation ' oncummuli . of Florida, dated May 2, 1936, reCorded. May' 7, 1936, in • . . - ••?..•••.• ' I , ••••.: :T7A I . ., Deed Book 719, page 201, of the current public records of . •.- • •tv:.i=•:,,,i:40 %....." • (it 47-7046-4/7 ,.. \14;,/,- ,,•• .7 Duval County, Florida, described as follows: E3-0,a,,1--E3 I Commence at, the Northwesterly corner of Lot Forty-nine , , ,. 0, k49) y North'Atlantic Beach'UnitNO. 2.; R-C-B-S Corpora- -- • ' tion, according to plat recorded in Plat Book 15, pare 57, ...-.% of the public records of said County;. ,. thence Westerly if along . . •, ....---1.n. . along an extension of,the....Northerly line. .of said Lot • Z6- , /9 - . • :'/ ./.....;`,4".•'. .. . , Forty-nine (49) a distance. of.. Twenty7five..(25) feet. more or less to the West side:"Of.Garage Approach RoadWay. (said Pe-sc4047 • I* alp ; , - - • , 7 .. . . . . •,_ ...?4••%I . • • . roadway being'. indicated on said mentioned plat) for a point OF • ARRTV-14:-.,• • . of beginning of the land hereby conveyed; thence Southerly . liviipuill along the. West side of .saiG.t..rage. Approach Roadway a distance PA70/94-% . - r, • . , . of .fifty and. .six-hundredth 0.06) more or less, to a point. lying. in an extension ,of .the:.:jouthirly line of said Lot Forty- CIC;r76451C-Z) - , ... , .•• ;,_ . : • ,,....-1 nine .(49)' if. „extended, in a,Westerly direction; thence W e s t e r ly --: • • • • --- along a line coinciding with the .Southerly line of said Lot cr-... 1..4.1.• 17r V; Forty,,-nine (49) if extended in a Westerly direction (that is . -..i•-- 'cr.,. s t. •;:: ' • ...444.;t-. ,i,•;;•;=. 4.0. to say, parallel with the Northerly line of Eighteenth btreet) 7 a distance of. fifty (50) feet to a point; thence Northerly . TA,,,, -'-'1 ,-U-',V4 along a line parallel to the Westerly side of said Garage .,.- ..----:-.4--k-,.. Approach Roadway, a distance of,.fifty and six-hundredths (50.06) A.% feet more or less to a point lying in an extension of the Nor- therly line of said Lot Forty-nine (49) if, extended in a lester- 40; 41T.1,2. i,,. ly direction; thence Easterly along, a sline coinciding with the It 411149,g .1 .4.1. Northerly line of said Lot Forty-nine (49) if extended in a e s t er ly direction a distance of fifty ,(50) feet to the point of beginning in the WesterlY .side ,of Garage Approach Roadway. . . . . SUBJECT to taxes for the year 1943. .. .1111111116i;i6„, .