1420 Mayport Road UBE-2002-01 RE Ocean as street
MEMORANDUM
TO: Jim Hanson
City Manager
FROM: Sonya B. Doerr, AICP
Community Development Director
DATE: January 16, 2002
REGARDING:
In response to the discussion at January 14th Commission meeting regarding the treatment of the beach as a street, I provide the following information. I recognize that some historic
interpretation has lead to the consideration of the beach as a Street. I am unaware if there was in fact a provision within past codes or ordinances that supported such an interpretation,
but under the currently effective City Code, there is no definition or provision that would deem the beach as a Street. There are, however, numerous provisions of the zoning regulations
that require special treatment of ocean front lots. The provisions relevant to this are as follows:
Chapter 24 definition of Street
Street shall mean a public or private thoroughfare, which affords the principal means of access to Abutting Property. This includes lane, place, way, Alley or other means of ingress
or egress, regardless of the term used to describe it.
In that the beach does not provide the principal means of access to Abutting Property, it cannot be considered a Street under this definition.
Chapter 24 definition of Corner Lot
Lot, Corner shall mean a Lot abutting two (2) or more Streets, or at a Street intersection or at a Street corner having an interior angle not greater than one hundred thirty-five (135)
degrees. The exterior Lot Line of the narrowest side of the Lot adjoining the Street shall be considered the front Yard. The exterior Lot Line of the longest side of the Lot abutting
the Street shall be considered a side Yard and shall have a minimum setback of fifteen (15) feet. The opposite side Yard shall conform to the minimum side Yard requirement of the Zoning
District in which it is located. The rear Yard shall have a minimum setback of twenty (20) feet.
Most all ocean front lots that are adjacent to a beach access would in fact be considered as Corner Lots in that these lots are “double frontage” lots extending from Beach Avenue to
the beachfront. These lots have frontage on two streets; therefore the minimum setback on the Street side is 15 feet. The ocean front lot that was the subject of the recent Variance
denial was very unique in that it was not a double frontage lot. That particular lot had frontage only on Sixth Street. (It looks as if there may be only about five such residential
ocean front lots in the City that would not be considered Corner Lots.)
Sec. 24-84. Double Frontage Lots.
(b) Special treatment of ocean-front Lots on Beach Avenue. For these double frontage Lots having frontage on the Atlantic Ocean, the front Yard shall be the Yard which faces the Atlantic
Ocean, and the Required Front Yard shall be measured from the Lot Line parallel to or nearest the ocean.
This is the provision that designates the ocean front side of double frontage lots as the front, requiring a 20-foot setback on the ocean side regardless of the shape of the lot.