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RE Proposed Beach Avenue two-unit townhome at Lot 4 Block 33 ( 51 Beach Avenue )R.D. - See responses below following your questions. I have copied to Alan Jensen in the case that he has any additional comment. Hopefully this will answer your questions / concerns. Sonya Sonya Doerr, AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. -----Original Message----- From: Rodney [mailto:fla-usa@comcast.net] Sent: Tuesday, March 21, 2006 5:17 PM To: 'sdoerr@coab.us' Subject Proposed Beach Avenue two-unit townhome at Lot 4 Block 33 ( 51 Beach Avenue ) Dear Ms. Doerr, Thank you for the green light on my two-home project. I have some questions regarding your letter to Mr.Bull. Please clarify the following phrase for me to help me fully understand when Vested Development or Vested Rights actually exists. ..."providing that the subject continues to proceed toward permitting, the project would be considered a Vested Development"... 1. Does this mean a fully executed permit is required to be considered a Vested Development? It is not necessary for a permit to be issued in order to be vested. The "standard" requirements to find a project entitled to Common Law Vested rights are that: 1) there has been an action, or omission of action, by the government. (Such "action" would be the regulations in effect at the time you were preparing and and planning the development of your property.) 2) the property owner relied in good faith on those regulations, 3) such that you have incurred significant financial expenses in compliance with the regulations. (Such as any architectural, design, permitting fees, engineering, surveys or similar such expenses you have incurred). 2. Or does it mean that as long as "it continues to proceed toward permitting" it is considered Vested Development? Yes, the project needs to continue towards development to be continue to be vested under the "Density" definition as it was when you first started toward design of the project in 2001. As you know, the current definition of Density excludes lands seaward of the CCCL from being included within the density calculations, and the CCCL is fairly far west on your lot. As far as any Residential Design Standards, I cannot give you the formal vesting letter yet, since no new regulations have yet been adopted, but by Section 24-151 (b) (2), Vesting Determinations remain valid for five (5) years. Clearly, you have met the three "tests" for being entitled to Vested Rights based upon the work done to this point. 3. And what is considered progress in a "timely manner" ? 12 months 18 months, 24 months ?? Being able to show that work has been continuing during the next 24 months is acceptable, this would include FDEP permitting procedures, continued architectural services, etc. It does not necessarily mean actual construction must be underway. 4. Also, precisely, what is the procedure should I sell the property based on the current approved use? Vested Rights are granted to a project, not to zoning or purchase contracts (which are private agreements). They may be transferable to a new owner provided that the project is substantially the same project. The limits of transferability could be addressed in written correspondence to a prospective buyer.. 5. Would a purchase contract receive the same consideration regarding the Vested Development status? Same as above. 6. Another question from the past, of which I have misplaced your response, is: Can I build an 8 ft Buffer Wall at the property because it is next to the hotel, and can the wall "buffer" the south property line facing the hotel, and the west property line facing the hotel parking lot? What about the north property line adjoining the residence to the north? I would like the wall to match. Obviously I wouldn't want an 8ft wall to the east facing the ocean. Could the wall be on 3 sides? Per below, 8-foot buffer walls or fences my be placed only on non-residential property. Six-foot is the maximum height permitted on residential lots for fences and walls, without approval of a Variance. Sec. 24-167. Required Buffers Between Residential and Non-Residential Uses. (c) Where a wall or Fence is used, such wall or Fence shall be constructed on the non-residential property, and height of the wall or Fence shall be measured from the Finished Grade of the non-residential property, whether filled or not. However, in no case shall a wall exceed eight (8) feet in height as measured from the lowest side. Buffer walls and fences as required by this Section may be constructed to a maximum height of eight (8) feet, subject to approval of the designated Administrative Official upon demonstration that such height is required to provide adequate buffering between Uses. Thank you for answering these questions by number. Please e-mail to fla-usa@comcast.net Yours truly, R. D. de Carle 51 Beach Avenue Atlantic Beach FL 32233 fla-usa@comcast.net This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. 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