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1845 Forsyth Court 15-ZVAR-1048 Application APPLICATION FOR ZONING VARIANCE City of Atlantic Beach • 800 Seminole Road • Atlantic Beach,Florida 32233-5445 Phone: (904)270-1605 • FAX (904)247-5845 • www.coab.us Date 9J7 a1) DOJ File No. 5-ZVA1 IO-1 8 1. Applicant's Name eitA 1",A e, rfle 2. Applicant's Address /'1447 voySU-f h lam.f' JQ, /G„L �G &/1( h j r(_r jc 3� 3. Property Location �q I 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification Gtin 6. Comprehensiv� Plan Future Land Use designation R.4 7. Provision from which Variance is requested ,;241- / 0 TS (:::I)c/ 9. Size of Parcel 10.Utility Provider jqjlr- 8. Statement of facts related to requested Variance, which demonstrates compliance with Section 24-64, Zoning and Subdivision and Land Development Regulations (attached to this application). Attach as Exhibit A. Statement must clearly describe and depict the Variance that is requested. 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 for which Variance is sought. (Attach as Exhibit B.) c. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8)copies of any such original documents. d. Application Fee($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed ti 2I(I'J! A( F, rYI - �ej7 � Signature(s): ,(�t[�( ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: 0A ' CQ ct f`f--P. Mailing Address: / C.( cl rS h �� I � / . 121( 1,1 )0 Phone: aa s-ri 5 ) 0 FAX: E-mail: Cf I'AJ0 01 3 'J 1 it Section 24-17. Definition of a Variance. A Variance shall mean relief granted from certain terms of this Chapter. The relief granted shall be only to the extent as expressly allowed by this Chapter and may be either an allowable exemption from certain provision(s)or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this Chapter,and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Sec. 24-64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum Lot Area,minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further,a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1)a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the owner,or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board, in its discretion,determines that the granting of the requested Variance shall have a materially adverse impact upon one or more of the following. (1) light and air to adjacent properties. (2) congestion of Streets. (3) public safety,including risk of fire,flood,crime or other threats to public safety. (4) established property values. (5) the aesthetic environment of the community. (6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, Protected Trees,or other significant environmental resources. (7) the general health,welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience,for relief from financial circumstances or for relief from situations created by the property owner. The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided. (d) Grounds for approval of a Variance. A Variance may be granted,at the discretion of the Community Development Board,for the following reasons. ❑ (1) exceptional topographic conditions of or near the property. ❑(2) surrounding conditions or circumstances impacting the property disparately from nearby properties. ❑ (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. ❑ (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. [i(5) irregular shape of theroperty warranting special consideration. I, i, , , , , A c To eo�+Z - kg vt 3o Ct. cro 20Aq-J1 N. rice p p. m ,+/ fke(Le�t -rr��� I r �PSi /'�+ - ❑ (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. (e) Approval of a Variance. To approve an application for a Variance,the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,the work to be performed pursuant to a Variance shall begin within six(6)months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six(6)months,beyond which time the Variance shall become null and void. (j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. Doc # 2005247331 , OR BK 12596 Page 2086, Number Pages: 3, Filed & Recorded 07/08/2005 at 08 :56 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $27 . 00 DEED DOC ST $462 . 00 i j • - s 3 This instrument was prepared by: I HAYWOOD M. BALL,ESQUIRE DONAHOO,BALL&McMENAMY, P.A. 50 North Laura Street, Suite 2925 Jacksonville,Florida 32202 (904) 354-8080 • WARRANTY DEED F THIS DEED made this 30th day of June, 2005, by HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES,INC.,a not for profit Florida corporation,d/b/a BEACHES HABITAT (the"Grantor"),whose mailing address is Post Office Box 50939,Jacksonville Beach, Florida 32240, to CANDACE L. METTE,unmarried,whose mailing address is 1845 Forsyth Court,Atlantic Beach, Florida 32233 (the"Grantee"). WITNESSETH: That Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,has granted, bargained and sold to Grantee,her heirs and assigns, in fee simple forever,the real property located in Duval County, Florida, identified by Property Appraiser's Tax Parcel Identification Number 172097- 9840,being more particularly described on EXHIBIT"A"attached hereto and made a part hereof(the "Property"). 1 RESERVING, HOWEVER, unto the Grantor, its successors and assigns forever, a nonexclusive perpetual right of way and easement for ingress and egress to install,maintain, repair, improve or replace,either above or below the surface of the ground,all utility facilities and associated equipment on,along, over,through, across or under the Property. By acceptance of this conveyance,and by agreement with Grantor,Grantee hereby expressly assumes and agrees to be bound by and to comply with all of the convenants,terms,conditions and provisions set forth and contained in(1)Convenants And Restrictions of Francis Cove Three recorded in Official Records Book 11430,Page 1288;as amended;the easements and other matters contained on Ithe Plat of Francis Cove Three aforesaid; and that the Property shall be subject to ad valorem taxes I accruing subsequent to December 31,2004,and the following convenant running with the land,to wit: 4 1 The Grantee understands that the Grantor is a non-profit,charitable organization that works with low income people who need simple,decent housing. Grantor accepts contributions which are used to build new homes and has a responsibility to the contributors to put the money to its best possible use. In the event Grantee desires to sell the Property at any time prior to twenty-five(25)years from 3 the date hereof, Grantee must first offer to sell the Property to Grantor. The offer shall be made in writing at least sixty(60)days before Grantee accepts an offer to purchase from any third party. Grantor shall have sixty(60)days from the date of receipt of the offer to accept or reject said offer. This right tof first refusal shall automatically terminate twenty-five (25) years from the date hereof or upon the recording of a satisfaction of the purchase money mortgage of even date herewith from grantee to Grantor. .J OR BK 12596 PAGE 2087 1 • Any conveyance of the Property contrary to this covenant shall be null and void. In the event of such a conveyance,Grantor shall have the option,at anytime within three(3)years of actual notice of such a conveyance,to purchase the Property from the title holder of record pursuant to the terms and conditions of this covenant. And Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the Grantor has executed these presents as of the day and year first above written. Signed and delivered in the HABITAT FOR HUMANITY OF THE presence of: JACKSONVILLE BEACHES,INC.,a not for profit Florida corporation, d/b/a BEACHES HABITAT 4.110 . te‘gv-L__.* *An- 41/11 B . 477/1/944-- Witness Haywood .Ball,Vice President-Real Estate CPC( tq G.s m L Print name below signature 1 Witness [Affix Corporate Seal] [..S1,s 'J /1. zd;14'4MS Print name below signature STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this 30th day of June, 2005, by HAYWOOD M. BALL, as Vice President-Real Estate of HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES,INC.,a not for profit Florida corporation,d/b/a BEACHES HABITAT, on behalf of the corporation, the Grantor named therein,who[X] is personally known to me or[ ]has produced a Florida drivers license as identification c -ck one]. (I/ t M.Mdse )enniN0 pp14g416 EXp►RES N , Public - MV COMMISSION be, 2006 2006 .: *vent S' of Florida -�• tRol cO misu9l.NCE•ING urge wtoso [. i,( 1Y1 ' AusQz.] Print name below signature [Affix Notary Stamp] My Commission Expires: My Commission No.: T:\HMB\Closings and Real Estate\4260 Habitat\205 Mette, Candance\Warranty Deed.wpd _2_ OR BK 12596 PAGE 2088 Jun 30 05 11 : 37a 9042413346 p. 2 EXHIBIT"A" 2005-0973 for,.sy 7 LOT 8, FRANCIS COVE THREE, AS RECORDED IN PLAT BOOK 56, PAGES 26 AND 26A OF CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 8, FRANCIS COVE THREE; THENCE NORTH 89°26'40" EAST, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 40.00 FEET TO THE EAST LINE OF SAID LOT 8; THENCE SOUTH 00°34'13" EAST, ALONG THE EAST LINE OF SAID LOT 8, A DISTANCE OF 100.00 FEET; THENCE SOUTH 43°29'27" WEST A DISTANCE OF 10.37 FEET TO THE INTERSECTION OF EAST LINE OF RESIDENCE 1847 WITH THE NORTH LINE OF RESIDENCE 1845 (FORSYTH COURT), THENCE NORTH 90°00'00" WEST ALONG A WESTERLY EXTENSION OF THE NORTH BUILDING LINE OF RESIDENCE 1845 A DISTANCE OF 8.36 FEET, THENCE SOUTH 00°00'00" WEST ALONG THE WEST LINE OF RESIDENCE 1845 A DISTANCE OF 18.25 FEET TO THE SOUTHWEST CORNER OF SAID RESIDENCE 1845; THENCE SOUTH 03°56'17" WEST, A DISTANCE OF 19.44 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 8, SAID POINT LYING ON A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC SAID CURVE AND ALONG SOUTH LINE OF SAID LOT 8, A DISTANCE OF 28.53 FEET, MAKING CENTRAL ANGLE OF 65°22'36" AND HAVING A CHORD BEARING OF NORTH 57°52'02" EAST AND CHORD DISTANCE OF 27.00 FEET TO THE WEST LINE OF SAID LOT 8; THENCE NORTH 00°34'12" WEST, ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 130.42 FEET TO THE POINT OF BEGINNING. x",, ,=40 N89'26 40"E . �: ,. - r 40.00' Famo ',�°� so* Ft3E3h, :;E:r'CRET� :. 3672 • MONUMENT. NO ID POST OF G ' f -ik."-, -,,tr,f11711:',41:1.,,'',1'.i. ,,„'',"-', r ',,,,,''filig;'1,7'citi,17:41,'MX$ w +xv • -=- p - Ni moi CV: w i �.._.fC m L 0 T 8 r) T {{{ ^ ` '1f 8.36' X s — o aT4- - = ��� CONCRETE __ - _ _ -w. n „ S 00'00'00" W �J c t...osvR _ 18.25' �- r1"4 — — ,.____ 1 ,;.,t ..--.--: .:- :__ _ - _ N 5T50'35" W 27.00' (FIELD) - -•- ^ CHORD''= N 57'52'02" W 27.00' E` _ - • RADIUS= 25.00' ARC= 28.5S _T __ DELTA= 65'22'36" S 03'56'17" W 19.44' NOTES IS A' BOUNDARY SURVEY. F 1 `� S 1 L, "' `" 2. BUILDING RESTRICTION AS PER PLAT. 3. BEARINGS BASED ON THE EAST LINE OF RC-i7 „-.` LOT 8, FRANCIS COVE THREE, BEING SOUTH 00'34'13" EAST AS PER PLAT_