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 -
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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(
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Phone: aa s-ri 5 ) 0 FAX: E-mail: Cf I'AJ0 01 3
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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
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❑ (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
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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/
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)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'
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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_