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:
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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.
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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„, .