536-542 Beach Avenue ZVL 05.21.2013 Sabatier rLyrj J� City of Atlantic Beach
J
.S 800 Seminole Road
Atlantic Beach,Florida 32233
Phone: (904) 247-5800
Fax: (904) 247-5845
J,31>'' www.coab.us
May 21, 2013
Nadine Sabatier
108 Osprey Cove Lane
Ponte Vedra Beach, Florida 32082
RE: DETERMINATION OF VESTED RIGHTS&ZONING VERIFICATION
PHYSICAL ADDRESS 536-542 BEACH AVENUE
PARCEL NUMBER 170146-0000
LEGAL DESCRIPTION 5-69 16-2S-29E
PT LOT 3 BLK 19
RECD O/R 8295-1292 BEING PARCEL 5 PARAGRAPH 1
Dear Ms. Sabatier,
This letter provides a determination of vested rights and zoning verification for the above referenced
property. In establishing the historical context of the property and the existing conditions, several
sources of information are consulted, primarily being the City of Atlantic Beach archives, the Duval
County Clerk of Courts Official Records, and the Duval County Property Appraiser's Office.
EXISTING CONDITIONS
The subject parcel has a Future Land Use designation of Residential Low Density (RL) according to Map
A-1 of the adopted 2020 Comprehensive Plan Amendment Map Series, and it is located within the
Residential Single-Family(RS-2) zoning district according to the adopted Official Zoning Map.
The following provisions of Section 24-106 of the current Land Development Regulations detail use and
development standards for the RS-2 zoning district:
RESIDENTIAL SINGLE-FAMILY DISTRICT(RS-2)
(a) Intent. The RS-2 zoning district is intended to apply to predominantly 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 the residential
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 buildings and facilities.
DOVR-ZVL 536-542 Beach Avenue
Nadine Sabetier
May 20,2013
Page 2 of 5
(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 standards. Existing legally established lots of record may exist which do not meet
the following requirements. These lots may be developed with a single-family residence 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[January 1,2002]
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 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.
The subject lot is a regular rectangular shape, but is substandard in size with dimensions of forty (40)
feet in width by fifty (50) feet in depth, for a total of two thousand (2,000) square feet, or 0.05 acres, in
total lot area. These dimensions are derived from a copy of a boundary survey dated January 29, 1986
and certified by H. A. Durden, Florida Registered Surveyor No. 1674.
There is currently one non-conforming structure located on the subject property, consistent with that
shown on the 1986 survey described above. The overall footprint of the structure measures twenty-two
(22) feet in width by thirty-two (32) feet in depth, with a three (3) foot wide by eight (8) foot deep
unfinished open porch on the south side of the structure; a twenty-two (22) foot wide by five (5) foot
deep unfinished open porch on the west side (rear) of the structure; and a three (3) foot wide by
fourteen (14) foot deep unfinished open porch and four (4) foot wide by fourteen (14) foot deep
balcony on the north side of the structure.
According to the 1986 survey described above, the structure (exclusive of open porches and balconies)
complies with the minimum required side yard setbacks: Both the southwest and the southeast corners
of the structure are five and two-tenths (5.2) feet from the southern property line, while the northwest
corner of the structure is twelve and seven-tenths (12.7) feet and the northeast corner is twelve and
nine-tenths (12.9) feet from the northern property line. However, the structure is non-conforming in
terms of the minimum front and rear yard setbacks: The southeast corner is three and nine-tenths (3.9)
feet and the northeast corner is four and five-tenths (4.5) feet from the eastern (front) property line,
while the southwest corner is fourteen and one-tenth (14.1) feet and the northwest corner is thirteen
and five-tenths (13.5) feet from the western (rear) property line. The structure is two stories, and
therefore does not exceed the maximum height limitation.
DOVR-ZVL 536-542 Beach Avenue
Nadine Sabetier
May 20,2013
Page 3 of 5
HISTORICAL CONTEXT OF THE LOT
The subject parcel consists of the eastern fifty (50) feet of Lot 3, Block 19, as originally platted according
to Atlantic Beach Subdivision "A" which was recorded in Duval County Official Records Plat Book 5, Page
69 on June 5, 1913. It is unknown exactly when the original Lot 3 was divided, and the subject parcel
was created. However, there are three transactions listed by the Duval County Property Appraiser's
Office, as follows:
• Warranty Deed recorded in Official Records Book 3769, Page 797 on July 25, 1974;
• Warranty Deed recorded in Official Records Book 6114, Page 2001 on April 9, 1986; and,
• Warranty Deed recorded in Official Records Book 8295, Page 1292 on December 21, 1995.
Examination of the Land Development Regulations in effect at the time of each of these transactions, as
summarized in the table below, demonstrates that at no time did the subject property ever conform to
minimum lot standards.
MINIMUM LOT ORD NO 90-59-3 ORD NO 90-82-074 ORD NO 90-01-172 ACTUAL DIMENSION
STANDARDS EFF JAN 12,1959 EFF JUL 26,1982 EFF JAN 01,2002 • 1986 SURVEY
"RA" "RS-2" "RS-2" • 1995 DEED
LOT OR SITE AREA 5,000 SQUARE FEET 5,000 SQUARE FEET 7,500 SQUARE FEET 2,000 SQUARE FEET
LOT WIDTH 50 FEET 50 FEET 75 FEET 40 FEET
LOT DEPTH 100 FEET 100 FEET 100 FEET 50 FEET
As such, the subject property cannot be considered a legal lot of record consistent with the definition
given below:
LOT OF RECORD shall mean:
(a) A lot that is part of a documented subdivision, the map of which has been recorded in the office of
the clerk of the circuit court;or
(b) A lot or parcel of land described by metes and bounds, the description of which has been recorded
in the office of the clerk of the circuit court, consistent with and in compliance with land
development regulations in effect at the time of said recording. [Section 24-17, Definitions]
This finding has implications which bear upon the future development or redevelopment of the subject
property, as discussed later in this letter.
HISTORICAL CONTEXT OF THE STRUCTURE& USE
According to the Duval County Property Appraiser, the existing structure was constructed in 1923.
There are no original plans on file with the City, but it is assumed that this structure was constructed as
a detached garage apartment that served the primary residence located on the same (original) parcel,
addressed as 559 Ocean Boulevard and constructed in 1915. It is estimated that at some time after the
subject property was split from the remainder of Lot 3 — possibly during the late 1960s to mid-1970s —
the garage apartment was converted to a duplex. This is evidenced by a note found in City archives
(attached), dated August 30, 1985 and signed by René Angers, who was then Zoning Administrator.
According to the note, the property owner at the time had requested to install separate water meters
on the individual duplex units. Ms. Angers responded that the property addressed as 542 Beach Avenue
DOVR-ZVL 536-542 Beach Avenue
Nadine Sabetier
May 20,2013
Page 4 of 5
was zoned for single-family use, and that there was neither record of a second address (536) nor plans
on file to establish that the duplex had been legally constructed as, or converted to, a duplex. However,
Ms. Angers stated that JEA reported they were billing for two separate electrical services, and that
McClure Electrical was willing to certify that there had been separate electrical service to two units on
the subject property for at least ten years. Thus separate water meters were permitted for the two
units. Regardless of the history, action taken by staff in 1985 acknowledged and approved the duplex
use of the property, and so it is considered to be a vested non-conforming use of the property.
IMPLICATIONS FOR FUTURE DEVELOPMENT OR REDEVELOPMENT
• THE LOT
As discussed above, it is unknown exactly when the subject parcel was divided from the remainder of
Lot 3. Unless it can be demonstrated to the City that the subject parcel was created prior to 1959 and
the initial implementation of zoning standards within the City of Atlantic Beach, this property neither
meets the definition of a legal lot of record as provided above, nor meets the definition of a
nonconforming lot of record, as provided below.
NONCONFORMING LOT OF RECORD shall mean a lot of record containing less than the minimum site area,
site dimensions or other site requirements of the applicable zoning district, or which is not in compliance
with the provisions of other currently effective land development regulations, as may be lawfully
amended, but which was legally recorded and documented prior to the effective date of such land
development regulations. [Section 24-17, Definitions]
Rather, the subject parcel is an illegal lot with no rights for redevelopment beyond those guaranteed for
the existing nonconforming structure, as discussed in further detail below.
• THE STRUCTURE
As previously noted, the existing structure was constructed in 1923, which pre-dates the
implementation of zoning standards by thirty-six (36) years. Thus the structure is vested as a
nonconforming structure, because it is not in compliance with current land development standards,
particularly related to minimum required yards and setbacks. The following provisions of Section 24-
85(c) of the current Land Development Regulations are applicable to maintenance and continued
survival of nonconforming structures:
NONCONFORMING STRUCTURES
(1) No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement
complies with the terms of this section and other applicable provisions of this Chapter, including
building setbacks, or unless a variance has been obtained from the Community Development
Board in accordance with the requirements of Section 24-64 of this Chapter.
(2) Any nonconforming structure, or portion thereof, that is declared unsafe may be restored to a
safe condition. Building permits shall be required.
(3) A nonconforming structure may be maintained, and repairs and alterations may be made subject
to the provisions of this Section.
(4) No additional structure not conforming to the requirements of this Chapter shall be constructed in
connection with the nonconforming use of land.
DOVR-ZVL 536-542 Beach Avenue
Nadine Sabetier
May 20,2013
Page 5of5
(5) Any existing nonconforming structure that is encroaching into public right-of-way shall not be
rebuilt,enlarged,or structurally altered unless such encroachment is removed.
(6) Residential structures which were lawfully existing, but nonconforming with respect to required
building setbacks may be reconstructed within the previously existing footprint, provided that
where any exterior side wall is reconstructed, a minimum five-foot side yard setback shall be
required. This provision shall apply only to reconstruction following damage that has occurred
from an unintended act, including fire and weather-related events, and not from an intentional
act of the property owner or occupant, in which case the required building setbacks of the
particular zoning district shall be required.
• THE USE
As noted above,the current use of the property as a duplex is considered to be a vested non-conforming
use of the property. The following provisions of Section 24-85(d) of the current Land Development
Regulations are applicable to maintenance and continued survival of nonconforming uses:
NONCONFORMING USES
(1) Uses of land which were lawfully created at the time such uses were established, but which would
not be permitted by the restrictions imposed by these land development regulations or by
restrictions imposed by the comprehensive plan, may be continued so long as they remain
otherwise lawful and in compliance with the provisions of this Section.
(2) A nonconforming use shall not be moved in whole or in part to any other portion of the lot or
parcel on which such nonconforming use is located, nor shall a nonconforming use be expanded
or enlarged.
(3) In the event that a nonconforming use of land is discontinued or abandoned for a period of six(6)
months or longer, any subsequent use of such land shall conform to the applicable zoning district
regulations as set forth within this chapter as well as applicable provisions of the comprehensive
plan.
(4) In the event that more than fifty(50)percent of the value of a nonconforming structure, which is
occupied by a nonconforming use, is destroyed, the structure shall not be re-occupied by any
nonconforming use and shall be reconstructed only in compliance with the provisions of this
Chapter. In determining the value of a nonconforming structure, either the assessed value or the
appraised value may be considered,subject to approval of the Building Official.
I hope you find this information helpful, and if after review, you have questions or would like to discuss
any of the contents of this letter further, please feel free to call, email or make an appointment to meet.
Sincerely,
Erika Hall
Principal Planner
V30/e-S
operty: 542 Beach Avenue - 536 Beach Avenue
Owner: Frances Lockerman
Mrs. Lockerman wants to install seperate water meters at her
duplex at the above address. The property is zoned single family,
we have been billing the account (542 only) as a single family.
We have no record of the 536 address. We have no building plans
on file to determine whether the property is legally a duplex
and whether she should be permitted to install seperate water
meters.
The Jacksonville Electric Authority stated that they are billing
the addresses seperately and that there are two electrical
meters installed. McClure Electrical would certify that the
building has had seperate electrical service since he has been
Mrs. Lockerman's electrician (aprox 10 years) .
Therefore, the City will permit seperate water meters at the
two addresses.
„C.�„kle.- M AP SHOWING SURVEY OF
A Pin OF LATS 3 AND Is, BLOCK 19, ATLANTIC BELCH, AS RECORDED IN PLAT BOOK 5, PAGE 69
OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWSs FOR A POINT-OF-BEGINNING COMMENCE AT THE NORTHWEST CORNER OF SAID LAT Ii;
THENCE FKIN SOUTHERLY.ALONG THE EASTERLY LINE OF OCEAN BOULEVARD, A DISTANCE OF
100 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE RUN EASTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 3, A DISTANCE OF 102.76 FEET; THENCE RUN NORTHERLY ALONG
A LINE PARALLEL Tti THE WEST LINE OF BEACH AVENUE, A i)ISTANCE OF 100.03 FEET TO THE
NORTHERLY LINE OF SAID LOT L; THENCE RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID _
LOT 14, A DISTM CE OF 105.33 FEET TO THE POINT-OF-BEGINNING.
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THAT 1 HAVE SURVEYED THE LANDS AS SHOWN IN THE ABOVE CAPTION I
AND THERE ARE 1S ENCROACHMENTS AS 3NOWN• H. A. DURDEN & ASSOCIATES
020 - 7TH AVE. SOUTH I
•JACKSONVILLE BEACH. FLA. .
SIGNED 5e P!• 1, 19 6 7 '///7 /' �•
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REGISTERED •URVEYOR NO.j47¢FLA.
.ouTe.u..•/.a .v,ct'P.c. ORDER NO.-:"/['EA'
Nadine Sabatier
108 Osprey Cove Lane
Ponte Vedra Beach, FL 32082
nadinesabatier@bellsouth.net
(904) 545-0491
Ericka Hall
Principal Planner
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, FL 32233
May 17th, 2013
Ms. Hall,
This is regarding the property at 536/542 Beach Avenue,Atlantic Beach,
Florida and our previous conversations about it.
My goal is to provide a home for myself that is sufficient for my needs and a
positive benefit to the beauty of the area.
My friend John Garner passed to me your kind offer to explain in writing the
potentials for me to renovate or replace the home on that property.
I have studied this property with the object of making an offer on it for some
time and I would very much
appreciate such a letter describing the possibilities to help me make up my
mind whether to go forward with my plans.
John and I discussed this subject with you and Mike Jones, Building
Inspector, previously but the alternatives are complicated
and your written advice on this matter would help clear up the best choice
for me.
I understand the existing house sits on a nonconforming lot and if I acquire
this property I am considering the following alternatives.
1. Expand the existing house as much as allowable with a third story with
maximum square footage and porch space on all sides allowable.
2. Remove the house entirely and replace with an new house of maximum
size and porch space with a third story.
3. Tear down most of the house but still keeping a wall and replace with a
new house of maximum size and porch space with a third story.
I will select the path that allows me to keep the most space available that can
be grandfathered.
With the addition of the third story I would want to use roof area remaining
as porch area with cover from the elements as allowed.
I would prefer screening or glass to the maximum as allowed so as to
maximize the use of this space.
I would like to meet with you again to discuss these issues and I am very
thankful to you for your assistance on this to help me decide the best course
of action regarding this property.
Sincerely,
Nadine Sabatier.
• MAP SHOWING SURVEY OF- s 42-
THE SOUTH 40 FEET OF THE EAST 50 FEET OF LOT 3 , . BLOCK 19 , ATLANTIC: BEACH,
AS RECORDED IN PLAT BOOK 5 , PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA. "
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iRDEN to Section 472.07 Florida Statutes.
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THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED.
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