321 Beach Avenue 14-ZVAR-1000 Application (Tolbert)City of Atlantic Beach 800 Seminole Road •Atlantic Beach, Florida 3223
Phone: (904)247-5800 FAX_(904)_247-5845 http://www.coab.us
Date, "
1: Applicant's Name
2. Applicant's Address
3. Property Location
4. Property Appraiser's
5. Current Zoning Classifi
r
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cation 6. Comprehensive Plan Future Land Use designation
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7. Provision from which Variance is requested
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8. Size of Parcel 50 1 3 �-
9. Homeowner'�Asocia6on or Architectural Review Committee approval required for the proposed construction.
❑Yes o (if yes, this must be submitted with any application for a Building Permit.)
10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 241,,,64 of
the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application.
Statement and site plan 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.
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 documents.
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVID
ED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is att
ached:
Printed or
Signature(s):
ADDRESS AND 'INTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDIN THIS PPLICATIO�i. --
Name
Mailing Address: ,: ! , Ain`,..
Phone: FAX: E-mail:
4
CITE' OF ATLANTIC BEACH
BOO SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5655
Job IDS Job ID: 14-ZVAR-100Q - ZQNING UfiRIA
Tender Details: Checi,# X15? ��50,00
Tender Type. C4(
Tender Amount: $250.00
Receipt Header.
Cashier Id: aspcust\atlbbja
Receipt Date° 10/3/2014
Receipt Number: OS -55259
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 maybe either an allowable exemption from certain provisions) 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
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director
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.
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 propert
ies.
(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 th
e 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.
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(d) Grounds for approval of a Variance. A Variance maybe granted, at the discretion of the Community Development
Board, for the following reasons.
❑ (1) exceptional topographic conditions of or near the property.
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(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 characteri
stics 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 Varian
ce 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.
I am requesting two variances.0
Tv"ariance
for rear a setback a. Blvd side) o20' 0
Variance for side yard fence height from 4'to 6'on property line in a
limited location
3.
Overview.
• 321 Beach Avenue is a "thru lot" that is fronted by both Beach Avenue
and Ocean Blvd AND is also a corner lot that is fronted by 3rd St. (3
fronts)
• Because of the current code, there is no true "rear yard" (code reads
both Beach Ave and Ocean Blvd must be treated as the front) thus.
o I can't put a 6' fence on the property line in the rear yard like
most people can for any private space.
o Code also requires the side yard setback on corner lots be 10' (not
a range of 5' to 10' as most lots are) so I have only 5' on the
back/other side... this makes it tough for "heart of house"
infrastructure to all fit (HVAC, pumps, etc.) there. I cant put these
things in the "rear" yard because there isn't one.
• This forces me to create a "courtyard" space between the house and the
garage or to build a 3 -story structure. I would like to go with the
courtyard option but need some space for a private area and to put the
"heart of house" items.
• To create a courtyard, I am asking for relief from the 20'setback
requirement on the Ocean Boulevard side to a 10" setback requirement
so that I can gain 10' and actually have some usable space in the
courtyard (the lot is 132' deep)
• The garage will be a side entry garage (entered from 3rd St) so there
would be no parking or sidewalk issues on the Ocean Blvd side that
would impede granting the 10' setback. A side entry garage will also
allow the mature trees in the right of way and on the west side of the
property to be saved (please see sample site plan diagram).
• Our current code also doesn't allow corner lots to put a 6' fence on the
side yard property line (inner lots are allowed this). Only a 4' fence is
allowed on corner lots. I am asking for relief of this from a 4' fence to a
6' fence on the property line to create some privacy for the courtyard
area. I would not put the 6' fence within 20' from either the Beach or
Ocean Blvd intersection so there would be no site -line issue.
As an aside, the impervious surface on this property as built is almost 60%.
This number will be well below the required 50% in the new construction.
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MAP SHOWING SUR ' O
LOT 11 BLOCK 25, SUBDIVISION "A" ATLANTIC BEACH- AS
RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT
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1- THIS IS A BOUNDARY SURVEY `MTB TREE LOCATION. PAp PUBLIC ROAD
2. NORTH PROTRACTED CITY MAP.
3. INTERIOR ANGLES ARE AS FOLCONS:
A: 90'0000" _
6: 882S4Y
C: 913497 -
D: 90'OO•E10"
4. NO BUILDING RESTRICTION LINES PER PLAT-
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PROPERTY SHOWN HEREON APPEARS TO
LIE IN FLOOD ZONE "X" (AREA OUTSIDE OF
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WELL AS CAN BE DETERMINED FROM THE
FLOOD INSURANCE RATE MAP No.
12031CO409, REVISED JUNE 3 2013 FOR
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FLORIDA UC. SURVEYOR--:and1F1APPER No. LS 329
FLGRIDA
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CHECKED BY: CLBOATVJRIGHT LAND SURVEYORS, INC.
DRAWN BY:
Fly; 2014-924 1500 ROBERTS DRIVE, JACKSONVILLE BEACH,
FLORIDA 241-8550
20, 2014
SHEET 1 OF 1
MAP SHOWING SURVEY OF
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RECORDED IN. PLAT BOOK 5, PACE 69 OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY FLORIDA.
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RECORDED IN. PLAT BOOK 5, PACE 69 OF THE CURRENT
PUBLIC RECORDS OF DUVAL COUNTY FLORIDA.
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NOTES
1. THIS IS A BOUNDARY SURVEY PATH TREE
LOCATION.
2. NORTH PROTRACTED CITY MAP.
3. INTERIOR ANGLES ARE AS FOLLOWS:
A 9D' 00'00'
B: 88' 25'47
C: 91' 34'13'
D: 90' DODO"
4. NO BUILDING RESTRICTION ONES PER PLAT.
THE PROPERTY SHOWN HEREON APPEARS TO
LIE IN FLOOD ZONE "X� (AREA OUTSIDE OF
THE 0.2% -ANNUAL CHANCE FLOODPLAIN) AS
WELL AS CAN BE DETERMINED FROM THE
FLOOD INSURANCE RATE MAP No. 12031CO409,
REVISED JUNE 3 2013 FOR DUVAL COUNTY,
FLORIDA.
NOT VALID WTHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEA. OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.'
CHECKED BY.
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NOTES
1. THIS IS A BOUNDARY SURVEY PATH TREE
LOCATION.
2. NORTH PROTRACTED CITY MAP.
3. INTERIOR ANGLES ARE AS FOLLOWS:
A 9D' 00'00'
B: 88' 25'47
C: 91' 34'13'
D: 90' DODO"
4. NO BUILDING RESTRICTION ONES PER PLAT.
THE PROPERTY SHOWN HEREON APPEARS TO
LIE IN FLOOD ZONE "X� (AREA OUTSIDE OF
THE 0.2% -ANNUAL CHANCE FLOODPLAIN) AS
WELL AS CAN BE DETERMINED FROM THE
FLOOD INSURANCE RATE MAP No. 12031CO409,
REVISED JUNE 3 2013 FOR DUVAL COUNTY,
FLORIDA.
NOT VALID WTHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEA. OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.'
CHECKED BY.
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(133.57 FlEID)
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No.
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FlDRIDA LIC. SURVEIING &MAPPING BUSINESS
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LB 3672
BOATWRIGHT LAND SURVEYORS, INC.
15D0 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 24
DATE:
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1-8550
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