151 Club Drive WAIV-04-00100065 Application cr 3 - c
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APPLICATION FOR SUBDIVISION WAIVER
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233
Phone: (904) 247-5800 • FAX (904)247-5805 • http://www.coab.us
Date ///2 (''/� / File No. #/70 V oc'n Receipt w'A if-Q'1 "40106665
1. Applicant's Name A /(al''il i • a.fl D/ler- t £ aSi j Gt-/t (at,.,"foss //i' t -cz
2. Applicant's Address SOY 5" �e,>'5i . , - d-'-� fes(. 3 Z Z t't,
3. Property Location /57 ei.,-6 4i / ,174/0.-.44•C 67.Qa f -- , 3 z_2-3 3
4. Property Appraiser's Real Estate Number /C�?r c1 3
5. Current Zoning Classification 4JfdC a0t',S'Z6. Comprehensive Plan Future Land Use designation "L--
7. Requested provision(s)from which waiver is sought: 'j.C ( 7-2 vli- Z Y-- / 9 /
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8. Size of Parcel /!-J - /0 C-1 9.Utility Provider ,1C"/
10. Statement of facts and any special reasons for the requested Subdivision Waiver, which demonstrates
compliance with Section 24-191 of the Zoning and Subdivision and Land Development Regulations and
specifically describing how the request complies with the Conditions necessary for the City Commission to
approve this request. (See attached Section 24-191.)
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner,a letter of authorization from the owner(s)for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies(4)
d. Application Fee($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICAT ON IS CO -RECT:
7/6,x,._, /?Sri
Signature of owner(s)or authorized person if owner's authorization form is attac d: /
Printed or typed name(s): 44e/' 4 &c" Jizr / i Sl-3 : fili SO-A.
Signature(s): � Willr,_gr —.."
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ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name:
Mailing Address:
Phone: FAX: E-mail:
To: Atlantic Beach City Commission
From: Bob, Kathy, Al, and Mary Frosio,co-owners of 151 Club Drive
Re: Request for waiver of 151 Club Drive(re: #1702460000)per code ordinances
24-187
We are requesting a waiver to section 24-255,which addresses minimum lot size for any
lots created after the regulation went into effect. Per section 24-107 of the Atlantic Beach
code of ordinances, single family dwellings zoned RG-2 must have a minimum lot size of
5,000 square feet and a minimum lot width of 50'. See chapter 24,article III, entitled
"Zoning Regulations". Per section 24-255,residential lots must be at least 75' in width
and no less than 7,500 square feet unless approved as a part of a PUD. See chapter 24,
article IV,entitled"Subdivision Regulations".
Our proposed division of 151 Club Drive would create two 50' x 100' lots equaling 5,000
square feet each. The zoning is RG-2, and the property is not part of a defined
subdivision but is legally described as a part of the"Hotel Reservation".
We are respectfully submitting our request for a waiver based on the following:
1.) In 1982,the city allowed our mother,Elizabeth Frosio,to subdivide the
original parcel(150' x 100') creating a 50' x 100' lot. The lot was sold and
the proceeds were used to pay off the original mortgage. The requested
second division of the property is a continuation of the original plan to further
subdivide the property. Part of the proceeds from the sale of these lots will
help provide for our mother's long-term care. She is the widow of a veteran
killed in action in Vietnam. Her hardship is that her age,mental condition, and
deteriorating health do not allow her to continue to live in or maintain a home,
and she has moved to a nearby assisted living facility. The subdivision of the
property will allow us to realize the maximum return the property would
allow. We are asking the Commission to allow us to exercise our vested
rights and to continue the process that the city allowed our family to start in
1982.
2.) The granting of this waiver will not be injurious to other adjacent properties.
In fact,the existing house, a 1920's block home, is in disrepair and would be
replaced by two new homes whose style would be consistent with the
neighborhood. This helps adjacent property owners by eliminating a potential
rental property and beautifying the street. Also,the surrounding property
values would increase, and the city would benefit as well from an increased
tax base. Club Drive already has one 50' lot with a home adjacent to the
subject property. At the end of the street on the ocean is a 35' lot with a house.
Directly behind the subject property is Sea Place condominiums,which is a
very large multi-family unit. Immediately adjacent to the northwest corner of
said property is another six unit multi-family development. Additionally, The
Cloisters, and Le Chateau are around the corner and are also multi-family
units. Certainly,two new single-family homes on 50' lots are consistent with
the neighborhood.
3.) The conditions upon which this request for a waiver is based are particular to
this property. They are not generally applicable to other properties and do not
result from actions of the applicant.
4.) The waiver is consistent with the intent and purpose of this chapter; The
Comprehensive Plan and the Requirements of this Article. Section 24-107, in
Article III, clearly states the minimum lot width is(50')and size (5,000 square
feet) for RG-2 zoning. On the other hand,Article IV,entitled"Subdivision
Regulations"has different minimum requirements, i. e., 75' width and 7,500
square feet(Sec. 24-255). Furthermore,our property is not a platted
subdivision but is a part of the"Hotel Reservation".
Thank you for consideration of this matter.
Si -r-ly,
Air
:ob Frosio
Kathy Frosio Ross
Al Frosio
Mary Frosio
CORRECTIVE DEED
(Correcting the legal description of Official Records Book 1051 1, Pages 872 through 876,
and also in Official Records Book 10835,Pages 2166 through 2169 )
THE STATE OF FLORIDA §
§ Know All Men By These Presents;
COUNTY OF DUVAL §
THAT ELIZABETH ANNE FROSIO,of DUVAL County, Florida (hereinafter referred
to as "Grantor") for and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00)
cash and other good and valuable consideration in hand paid by MARY FROSIO, KATHLEEN
ANN ROSS,ROBERT MICHAEL FROSIO and ALAN EDWARD FROSIO,Co-Trustees(such
Co-Trustees as "Grantee") of the ELIZABETH ANNE FROSIO QUALIFIED PERSONAL
RESIDENCE TRUST(the "Trust"), such Trust having been established under that certain Trust
Agreement dated May 28,2002,by and between ELIZABETH ANNE FROSTO,of DUVAL
County, Florida, as Grantor, and MARY FROSIO,KATHLEEN ANN ROSS, ROBERT
MICHAEL FROSIO and ALAN EDWARD FROSIO,as Co-Trustees,has GRANTED, SOLD
and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee, all of
Grantor's interest in and to the real property together with all improvements situated thereon
described on the attached Exhibit "A" (such interest is hereinafter referred to as "Subject
Property"),
Grantor does hereby convey the Subject Property together with all rights, titles and
interests of Grantor in and to any roads, easements,streets and rights-of-way within, adjoining,
adjacent or contiguous to the Subject Property,and all condemnation awards,reservations and
remainders, and together with each and every right,privilege,hereditament and appurtenance in
anywise incident or appertaining to the Subject Property. The term Subject Property shall refer
to and include the property described in this paragraph.
The conveyance made hereby, and the warranties made hereunder, are made by Grantor
and accepted by Grantee subject to the following matters, to the extent same arc in effect at this
time: any and all restrictions,covenants, conditions,liens, encumbrances,reservations,
easements, and other exceptions to title, if any,relating to the Subject Property,but only to the
extent they are still in force and effect and shown of record in DUVAL County, Florida, and to
all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-
Elizabeth Anne Frosio Qualified Personal Residence Trust
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governmental authorities,if any, relating to the Subject Property and to all matters which would
be revealed by an inspection and/or a current survey of the Subject Property.
TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, subject
to the terms and provisions contained herein,together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's heirs, executors,
administrators,personal representatives, successors and assigns forever; and Grantor does hereby
bind Grantor and Grantor's heirs, executors,administrators,personal representatives,successors
and assigns to warrant and forever defend all and singular the Subject Property, to the extent
conveyed hereby,unto Grantee and Grantee's heirs,executors, administrators, personal
representatives, successors and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
Following the conveyance made by this deed, the ELIZABETH ANNE FROSIO
QUALIFIED PERSONAL RESIDENCE TRUST shall own all of the Subject Property.
Taxes for the current year have been prorated and are assumed by Grantee.
EXECUTED on , 2003.
ELIZABETH ANNE FROSIO, Grantor
WITNESSES TO GRANTOR:
Witness
Print Name:
Address:
Witness
Print Name:
Address:
Elizabeth Anne Frosio Qualified Personal Residence Trust
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THE STATE OF FLORIDA §
COUNTY OF DUVAL §
BEFORE ME, the undersigned authority,on this day personally appeared
ELIZABETH ANNE FROSIO, known to me to be the person whose name is subscribed to the
foregoing instrument as Grantor, and acknowledged to me that such Grantor executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,on
2003.
NOTARY PUBLIC IN AND FOR
THE STATE OF FLORIDA
Notary's printed name:
My commission expires;
ADDRESS OF GRANTEE:
MARY FROSIO, KATHLEEN ANN ROSS, ROBERT MICHAEL FROSIO and ALAN
EDWARD FROSIO, Co-Trustees
1660 Sea Oats Drive
Atlantic Beach, FL 32233
AFTER RECORDING RETURN TO:
C, Randolph Coleman
9250 Baymeadows Road, Suite 450
Jacksonville, FL 32256-1813
Elizabeth Anne Prosio Qualified Personal Residence Trust
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SCHEDULE "A"
The legal description of the personal residence transferred by the Grantor to the Trustee
pursuant to the attached Trust Agreement is as follows:
That certain piece, parcel or tract of land situate, lying and being in the City of Atlantic Beach,
County of Duval and State of Florida, known and described as:
A part of the"Hotel Reservation"as shown on Mayport Terminal Company's map of Atlantic Beach
in Plat Book 5,page 64,and also shown in Plat No. 1,subdivision"A"of Atlantic Beach as recorded
in plat book 5,page 69 of the current public records of Duval County Florida. Said part being more
particularly described as follows: For a point of reference commence at Northwest corner of Club
Manor,as recorded in Plat Book 25,page 62 of the current public records of said county;thence Run
North 85 degrees 32' 15" E.along said North line of said Club Manor,distance of 96.25 feet to the
point of beginning;thence continue North 85 degrees 3'1' 15"E.along said North linea distance of
150.00 feet; thence run North 6 degrees 15' 15" W, a distance of 100.05 feet; thence run South 85
degrees 32' 15" W along a line 100.00 feet North of,as measured at right angles and parallel to the
,said north line of Club Manor, a distance of 140.00 feet to'the Southeast corner of the lands as
recorded inDeed Book 1406 page 189 of said public records;thence i~,un South 83 degrees 44'45"
W. along the South line of said lands in Deed Book 1406 page 189 a distance of 10.00 feet to the
South east corner of the lands as recorded in Deed Book 708 page 133;thence run South 6 degrees
15' 15" East,a distance of 99.74 feet to the Point of Beginning. Subject to a 12 foot easement for
ingress and egress along the North 12.00 feet of the above described lands.