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1890 Mealy Street ZVL 02.11.2008 ,ti —1- 3VR v` r `^' WC)CaP j :1��J-- CITY OF ATLANTIC BEACH �.;� BUILDING AND PLANNING J5 -frv �`ss� 800 SEMINOLE ROAD 1 Al J ATLANTIC BEACH,FLORIDA 32233-5445 J ' S-) TELEPHONE:(904)247-5800 J w °__ FAX:(904)247-5845 s� `. http://ci.atlantic beach fi us February 11, 2008 FILE COPY Mr. William M Easton do Theresa M. Kenney Ford, Bowlus, Duss, Morgan Kenney, Safer& Hampton, P.A. 10110 San Jose Boulevard Jacksonville, Florida 32257 RE: RE# 172326 0110 (1890 Mealy Street) & RE# 172356 0000 (vacant lot,Mealy Street)—Zoning Verification Letter Dear Mr. Easton: In response to your request for verification of zoning, land use and outstanding or known building & municipal code violations for the above-listed properties, I am able to provide the following information to you: 1. RE# 172326 0110 Legal Description 17-2S-29E .270 PT GOVT LOT 4 RECD O/R 9743-201 Physical Address 1890 S Mealy Street This parcel is located within the Industrial, Light and Warehousing (ILW) Zoning District and is designated as Light Industrial (UL) on the City's Future Land Use Map of the 2015 Comprehensive Plan. Permitted uses for the ILW Zoning District, as described in Section 24-113(b) of the Zoning, Subdivision and Land Development Regulations include: (1) Wholesaling, warehousing, mini-warehouses and personal self-storage, storage or distribution establishments and similar uses. (2) Light manufacturing, packaging or fabricating, without noxious or nuisance odors or hazardous operations,within completely enclosed buildings. (3) Contractor's yards with outdoor storage. Required Front Yards: Yard shall not be used for storage, and a six (6) foot visual barrier shall be installed around such storage areas so as to conceal view from adjacent properties and streets. Page 2of4 RE: RE#172326 0110(1890 Mealy Street)&RE#172356 0000(vacant lot,Mealy Street)—Zoning Verification fILE eC (4) Heating and air conditioning, plumbing and electrical contractors, wholesale bakeries and similar uses. (5) Vocational, technical or trade schools (except truck or tractor driving schools) and similar uses. (6) Government buildings,uses or facilities. (7) Minor automotive repair, and boat,trailer or surfboard repair of minor nature. Additionally, within the ILW Zoning District, a Use-By-Exception may be approved for the following per Section 24-113(c): (1) Bulk storage of flammable liquids or gases subject to provisions of County and State fire codes. (2) Radio, TV and telecommunications transmitting tower. (3) Concrete batching plants. (4) Establishments for sale of new and used automobiles, motorcycles, trucks and tractors, boats, automobile parts and accessories (except Salvage Yards), machinery and equipment, farm equipment, lumber and building supplies, mobile homes,monument and similar sales establishments. (5) Establishments for heavy automotive repair or the permanent storage of automobiles, motorcycles, trucks and tractors, boats, machinery and equipment, farm equipment and similar uses, including dry docks and rack storage of boats. (6) Welding shops,metal fabrication and sheet metal works. (7) Manufacture and production of boats and surfboards. (8) Processing (excluding animal processing and slaughter houses). (9) Wholesale food processing. Building Department records for this address indicate that the original Certificate of Occupancy was issued on September 11, 1986. The Planning and Zoning Division views this as a legal, nonconforming structure due to the lack of required side yards (10' each side) and subsequent close proximity to the structures located on the adjacent parcel to the south(RE# 172326 0100/ 1880 Mealy Street). 2. RE# 172356 0000 Legal Description 24-92 17-2S-29E LEWIS SUBDIVISION,LOT 4,BLOCK 3 Physical Address (vacant) S Mealy Street This parcel is located within the Residential General, Two-Family (RG-1) Zoning District and is designated as Residential, Low Density (RL) on the City's Future Land Use Map of the 2015 Comprehensive Plan. Permitted uses within the RG-1 Zoning District, as described in Section 24-107(b) include: (1) Single-family dwellings. (2) Two-family(duplex) dwellings. (3) Accessory Uses as set forth in Section 24-151 (see below). FILE Copy Page 3 of 4 RE: RE#172326 0110(1890 Mealy Street)&RE#172356 0000(vacant lot,Mealy Street)—Zoning Verification Letter (4) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section 24-87. (5) Government uses,buildings and facilities. (6) Family day care homes and group care homes. Additionally, within the RG-1 Zoning District, a Use-By-Exception may be approved for the following per Section 24-107(c): (1) Child care centers. (2) Churches (3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (4) Schools and community centers. (5) Home occupations subject to the provisions of Section 24-159. Per Section 24-151(b), the following accessory uses and structures are permitted within all residential zoning districts: (1) Antenna structures for television and radio, but not microwave relay or commercial transmission structures. Television and radio antennae of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one such structure is permitted per residence. (2) Children's playhouse and/or juvenile play equipment, provided such shall not be permanently located within required front yards. (3) Guesthouse or guest quarters, provided that such are used only for intermittent and temporary occupancy by a non-paying guest or family member of the occupant of the primary residence. A guesthouse shall not be rented for any period of time and shall not contain a kitchen,but may contain a kitchenette as defined herein. Further, a guesthouse or guest quarters shall not be used as, or converted to a dwelling unit. A detached guest house shall not exceed the number of buildings allowed on a lot as set forth within Section 234-82(b) and shall be a minimum of ten(10) feet from the principal building. (4) Detached private garages and carports, not to exceed six hundred (600) square feet of the lot area and fifteen feet in height, except in accordance with Section 24-88 or the provisions of the following paragraph. Only one detached private garage or carport shall be allowed on any single residential lot, and such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten(10) feet from the rear lot line. Detached private garages, not to exceed six hundred (600) square feet of lot area, may be constructed to a height of twenty-five (25) feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of fifteen(15) feet from the rear lot line. A detached private garage shall be a minimum distance of ten (10) feet from the principal building. Page 4of4 FILE COP Y RE: RE#172326 0110(1890 Mealy Street)&RE#172356 0000(vacant lot,Mealy Street)—Zoning Verification Letter (5) Gazebos and similar structures, not to exceed 150 square feet and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof, and a minimum distance of five (5) feet from the rear and side lot lines. (6) Private swimming pools in accordance with Section 24-164. (7) Home office(but not a home occupation). (8) Private ball courts and other similar private recreational uses. (9) Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or constructed in fixed locations and made of wood, block, concrete or similar materials, provided that these are not located within required front yards or the street side yards on a corner lot. Due to excessive noise, which may result from the use of such ramps, time of use shall be limited to the hours between 9:00am and 10:00pm. Such ramps shall be maintained in a safe and good condition, and shall be disassembled and removed from the property if allowed to deteriorate to an unsafe or unsightly appearance. (10) Storage and tool sheds, not to exceed 150 square feet in area and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof. Only one detached storage or tool shed shall be allowed on any single residential lot, and such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten(10) feet from the rear lot line. (11) Screened enclosures and pool cages with screened roofs or similar non- structural roofs such as awnings and the like, not to exceed 600 square feet in area and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear lot line. Such detached screened enclosures shall not be allowed in required front yards. (12) Dog houses not to exceed five(5)square feet and five (5) feet in height. (13) Personal pets, limited to those animals customarily considered as pets, and kept on the same premises of the occupant(s) of the residential principal building. Please note the City's Comprehensive Plan is consistent with Chapter 163, F.S., and the State Comprehensive Plan as prepared by the Florida Department of Community Affairs. Further, there are no existing or anticipated changes to the Comprehensive Plan or Land Development Regulations that would affect the subject property in any manner. The Code Enforcement Officer has no record of building or other municipal code violations for either of the above-listed properties. Please feel free to contact me at 904 247-5800 with any further questions. Sincerely, St.1..11A_ onya Do , AICP Community Development Director , . . FILE COPY lJS �� Sit .y FAX MEMORANDUM r City of Atlantic Beach 800 Seminole Road Atlantic Beach,Florida 32233 Telephone(904)247-5800 FAX(904)247-5845 www.coab.us TO: Theresa M. Kenney,Esq. FROM: City of Atlantic Beach FAX: 904 262-3337 FAX: 904 247-5845 PHONE: 904 268-7227 PHONE: 904 270-1605 (Erika) 904 247-5817(Sonya) DATE: February 12,2008 E-MAIL: ehall@coab.us (Erika) sdoerr@coab.us(Sonya) RE: RE# 172326 0110(1890 Mealy St) & RE# 172356 0000 (vacant lot,Mealy St) COMMENTS: Ms. Kenney, Following, please find the requested letter of zoning verification for the above- listed parcels. Feel free to contact either Sonya or me if you have additional questions. Best regards, Erika Hall Planner Number of pages including this page: 5 • • .. ...is F r �i.:.:«�acrc„ ':Ka. .v.rx*�•.. :'a:,w ,...:a.:,«�ywiae,:p �.... x. -..,. x.. n%s .. ., r.�, �. .,.. .r,:.,;i- ,naa: r.,i�;a j f "R rr • i it h 5r LIFE CUU 02/06/2008 15:42 19042626898 FORD,BOWLUS,DUES,PA PAGE 01/05 • FILE COPY r BOWLUS DUSS4FORD _ ... MORGAN KENNEY SAFER & HAMPTON, PA 10110 San JoseBoulevard,Jacksonville,Florida 32257 _ Telephone 904.268.7227 Facsimile 904.262.3337 -E D i= k V E D ,TTY OF ATLANTIC BEAC February 6,2008Uil , ,(- EB _E B 0 6 2008 FACS MILE T L:. _ MISS 0 MEI s RANDUM FROM: THERESA M.KENNEY,ESQ. TO: FACSIMILE NUMBER TELEPHONE NUMBER PAGES" MS.SONJA,DOERR 5 ,� PLANNING AND ZONING DEPT 247-5845 !i,t 'r.-5B OO 4INCLUDING THIS COVER PAGE RE: PROPERTIES LOCATED AT 1890 MEALY STREET SOUTH AND NEARBY VACANT LOT,ATLANTIC BEACH,FLORIDA 32233 REAL ESTATE NUMBERS: 172326 0110 AND 172356 0000 MESSAGE: PLEASE SEE ATTACHED REQUEST FOR ZONING VERIFICATION BEING MAILED TO YOU TODAY. TI-CNK You! If A COMPLETE AND LEGIBLE TRANSMISSION IS NOT RECEIVED PLEASE CALL(904)268-7227. THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATRI►RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY. CLIENT COMMUNICATION,AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL IP THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE POE DELIVERING IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR,AND THAT ANY REVIEW,DISSEMINATION,DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVEDTHIS COMMUNICATION IN ERROR,FLEASENOTIFYUS IMMEDIATELY BY TELEPHONE AND RETURNTUE ORIGINAL MESSAGE TO US BY MAIL. THANE YOU. Y900 3 .113 02/06/2008 15:42 19042626898 FORD,BOWLUS,DUSS,PA PAGE 02/05 FORD, BOWWS. DUSS. MORGAN, KENNEY. SAFER& HAMPTON, PA. ATTORNEYS AT LAW FILE COPY MICHAEL BOWLUS ERIC M.BRADSTREET TELEPHONE(904)268-7227 JOHN S.DUSS.1V www.fJ.flrm.com ROBERT A.FORD' 10110 SAN JOSE BOULEVARD WADE MCK.HAMPTON" JACKSONVILLE.FLORIDA 32257 WILLIAM I.Joos February 6, 2008 FAX(904)262.3337 M.R.JORDAN THERESA M.KENNEY 3652 CROWN POINT COURT ROBERT M.MORGAN*" JACKSONVILLE.FLORIDA 32257 PAX(904)680-5352 ELtOT),SAFER *RETIRED MORGAN&DISAlYO.PA --ALSO ADM UE IN GA OF COUNSEL.ATLANTA.GA •••ALSO ADMITTED TN TN PRACTICE LIMITED TO "—ONLY ADMITTED IN GA FEDERAL TAX MATTERS VIA FACSIMILE(904)247-5845 AND U.S.MAIL Planning and Zoning Department Attn:Ms. Sonja Doerr Duval County 800 Seminole Road Atlantic Beach, Florida 32233 Re: Properties located at 1890 Mealy Street South and nearby vacant lot,Atlantic Beach, Florida 32233 Real Estate Number: 172326 0110 and 172356 0000 Dear Ms. Doerr: We represent William M.Easton,the proposed purchaser of the Properties. In connection with our client's pending proposed purchase of the Properties,we have been requested to verify the zoning classification and permitted uses for the same. Also,our client wishes to verify that: a. According to your records there are no outstanding violations of any zoning or building codes or regulations at this address and that you have no information indicating that the site is in violation of any building or zoning requirements and that the property may lawfully be used as a commercial warehouse. For your convenience,I have enclosed a copy of our standard zoning compliance form letter. If the form letter does not meet with your approval or agency requirements,please feel free to provide whatever standard language you normally use. We are enclosing our check in the amount of $50.00 representing the requisite fee associated with this request. If you need something further, please let me know. Sincerely, Mary reedon Legal ssistant MEB.slf Enclosure >Z V" 02/06/2008 15:42 19042626898 FORD,BOWLUS,DUSS,PA PAGE 03/05 10 � , REQUEST FOR DETERMINATION OF VESTED RIGHTS :.�.,; ;,, CITY OF ATLANTIC BEACH �r . ' '','.,',: '..;,,;--;';.'L-,!.?,,,)>G � ,�„ Department of Community Development /t' ;,;,may • SOO Seminole Road Atlantic Beach,FL 32233 `� (F)9o4 2474845(WI www.coa6.us SECTION 24-51. Vested Rights. shall be based upon of Atlantic Beach. (a) Eachr vestingnon ofVested Rights.shll bee determinationbasedupon an Individual ed case-by-case a i. Applications for aCdetermination of Cityested rights shall be submittedudetermination to the Community Development Director. The Applicant shall have the burden of proof to demonstrate the entitlement subject vestedo a rights pursuant to the requirements of Florida law and shall provide all information as may be required. All Vested Development1 vested rights determination shall be consistent with the terms of the Development approval upon which the vesting determination was based. (b) Expiration of Vested Rights. Development Permits or (1)Statutory vested rights determinations shall not have a specific expiration date unless specified In other ordinances, oP Statutory limitations. Such vested rights may expire as otherwise allowed or required by applicable law. (2) Common law vested rights determinations,which have been recognized by the City,shall remain valid for a period of up to five(5)years from date the determination was made unless otherwise specified by the it1vesting b�demonston,providedrated that ththat the for a City may ll and negate such vested rights prior to the expiration of said time period ghts determination was based on substantially inaccurate information provided by the Applicant,or that the revocation of said vested rights is clearly established to be essential for the health,safety and welfare of the public. (c) Appeals of vesting Clerk within i An appeal ofhe eceipt of writtenal of a 9notificationtion of the may be de to Appeals eo westing determinations sion by tonss she l be appeal with the City within thirty(30)days P granted only by the City Commission. . �py t*.l?Ilitattk{.r�s vthll'ito beady ,dek,Ehtit1., atigiii+i 00 *34�irit(0i,*03W i rieiceiatb: : APPUCANT ',E :t t . 5;#orj+,i�an(i:.teli 6 #di tkn 3 NAME William M. Easton' ;eiommtfrut i tt' t.,.. :,'.•-._-..'_ ;.,- .t5a Qrd,r.Bd DussKenney. 14)'S +_1i + zibn.eo i C,FOrdar cf', lean.- wHam. toga , Ibnjee;` 4� •.at'Akre?:fiit'le°o'f;siilirriit�al:'Te ADDRESS �.Sa f er & �P.A.•A- _����1!:a.Effat . San Jose oulevar c?cirfeo4' .•a5!ipto d '#br�ih''S aoti .24 p...!i .. ac sonville, F oxide 2257 0 y j 0;6`;;A yrtE f41,411ei3 uta4► iii. CELL FAX904-262-3337 -.b'f 11'et�cf.,�.i0f ii++f; ? ll+ `n' U dd iiS.�ib0' PHONfl904-268-7227 �` 1t�e, Ii iisgail.1';'40:t:I'l fiiin -24 f:',',ls; ';1 1V410a EMAIL Tkenney@FLYIRM.com 9. if': i*'Ccp,,!*;leseavAtr:is• om .stldl�ior�ki�aF elsr�iriiiy"�.Pp!y; . ;R jbii2};ori f?1.!•• !int cclllt Ixegedst 912 ople's!`of' rl Current Owner Potential Buyer (� Real Estate Agent/Appraiser .T:.-.' , s viii " sand: 1 Xi -•�'fgld�d' ateT;�ts.:%;5itdh L'�aF•g'e_ ";..;�8�idse'�;.. •kdll" d Peter si tiNse t iiiiiitdoE"UI .".•- •_• PROPERTY 17-2S-29E-1 1890 MEALY ST S 17-2S-29E .270 PT GOVT 4 RECDO/R 9743-201 IT LEGALDESCRIpiWN 24-92 17-25-29B LEWIS SUBDIVISION LOT 4 BLE 3 rg REAL ESTATE NUMBER 172326-0110 and 1,72356-0000 ✓ STREET ADDRESS 1890 Mealy Street and nearby vacant__lot INFORMATION REQUESTED In the space below,give details of information being requested. Be very specific,as the final written document will only address the information requested. Attach additional pages as necessary. See attached letter DATE REQUESTED 2/6/08 �--- DATE NEEDED 2/13/08 r Pick-up f Delivery Fax and Mail. FOR INTERNAL OFFICE USE ONLY PS-PG PUTTED BRL ZvAR? REVIEWED BY IT ADDRESS CONFIRMED? fl 00571NGSTRUCTURE? RE FRONTAGE LJBEX? n OCEAN-FRONT? f l DOUBLE FRONTAGE? FLU DEPTH WAN' 7 oLDATIANTKBEACN? f i CORNER? ZONING AREA OTHER? • 4 y.'11--7'': F :�. t - 1 i i 1 �s. i r • ,. Vii. t * - y • fit• •r! r.''''''''1'. 1r rr • • 02/06/.2008 15:42 19042626898 FORD,BOWLUS,DUSS,PA PAGE 04/05 • Exhibit A FILE CLPY [On Building/Zoning Department letterhead] [Date] Mr. William M. Easton clo Theresa M. Kenney Ford, Bowlus, Duss, Morgan, Kenney, Safer & Hampton, P.A. 10110 San Jose Boulevard Jacksonville, Florida 32257 Re: Property located at 1890 Mealy Street and nearby vacant lot, Atlantic Beach, FL 32233 Ladies and Gentlemen: You have requested our advice as to the zoning status of the referenced project, a copy of the legal description of which is attached hereto. This will advise as follows: 1. The property at which the project is located is zoned , ([descriptive title]). The permitted uses for the property are as follows: • 2. The property may lawfully be used for general commercial purposes. 3. According to our records there are no outstanding violations of any zoning or building codes or regulations at this address. To my knowledge the site is not in violation of any building or zoning requirements. [Signed by Department Official authorized to make such certifications] 02/06/-2008 15:42 19042626898 FORD,BOWLUS,DUSS,PA PAGE 05/05 JACKsorovlLLt, FORD,BOWLUS,DOSS, -,t, F1. 32202 MORGAN, KENNEY,SATTORN�AFEEYS R L&HAMPTON,P.A. NUMBER • 10110 SAN JOSE BOULEVARD 83-1449/030 JACKSONVILLE, FL 32257t 7= NI, , •(904)288.7227 vils. C PAY Fifty Dollars&00/100 DATE AMOUNT , • 02-06-2008 550.00 TO THE • OPERATING ACCOUNT ' ORDER CZ OF ATLANTIC BEACH VOID AFTER 129 DAYS `'' OF . li v° AUTHORIZED • tQNAYURE • S`� PIM H19 nort.'I r .CONT'N^HEA.CFI. VI"INKS TOUCH Q.0•EOt HER •• 0 I I ,=F 018'P Ane ri'I H'HEA - u'0 194 L6ll' I:063014499i: 000000099511' 19416 FORD,BOWLUS,DOSS,M OPERATLKENNE .SAFER EI HAMPTON,P.A. Date:02-OG-2008 Amount:$50.00 Vcndot:99999-CITY OF ATLANTIC BEACH Inv, unt: 50. Firm's Acct k: 5 Client don:ZONII�IG VERIFICATION 08-005 MAS glint Amount ccouttl,3l mount awl! $50.00 i 1070,00 550.00 WILLIAM AM 03143 OA-005 WILIJAM M,EASTON FORD,BOWLUS,DUSsOPERATING ACCOUNT SAFER HAMPTON,PA. 19416 • Datc:02-06-2008 Amount:$50.00 Vendor:99999-CITY Y OF ATLANTIC BEACH Inv. u 08-005 pcscripvon:ZONING VERIFICATION 08-005 • Firm's Acct p'.etq[ Client Amount ccoNA1>� r' A�'� �e�� �� . sso.00 11070.00 850.00 WILLIAM M.EASTON . 03143 08-005 • is .,; n: .f.•. :..t•" may;:::, .. k�S11fE611ARD:utllou�,,.s�., cI17601i+4•.... .. ..••.• .:[! . . :.,'^I'. . . 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V \.(6• 7 ." ,CY/ • http://maps2.coi.net/WEBSITE/DuvalMaps/toolbar.asp 2/11/2008 HP Fax Series 900 Fax History Report iFr l L E copy Plain Paper Fax/Copier Feb 12 2008 9:54am Last Fax Date Time Type Identification Duration Pages Result Feb 12 9:51am Sent 92623337 2:25 5 OK Result: OK - black and white fax