338 2nd Street DOVR-ZVL 01.06.2012January 6, 2012
Marie 5cheuring
1782 Sea Oats Drive
Atlantic Beach, FL 32233
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Phone: (904) 247-5800
Fax: (904) 247-5845
www.coab.us
RE: DETERMINATION OF VESTED RIGHTS & ZONING VERIFICATION
PHYSICAL ADDRESS 3382 ND STREET
PARCEL NUMBER 169764-0050
LEGAL DESCRIPTION 5-69 16-25-29E .07
ATLANTIC BEACH
W 1.20FT LOT 11, E1/2 LOT 13, BLK 3
Dear Ms. 5cheuring,
Per your request, this letter provides a determination of vested rights and zoning verification for
the above referenced property. in establishing the historical context of the property and the
existing conditions, several sources of information are consulted, primarily being the City of
Atlantic Beach archives, the Duval County Clerk of Courts Official Records, and the Duval County
Property Appraiser's Office,
EXISTING CONDITIONS
The subject parcel has a Future Land Use designation of Residential Low Density (RL) according
to Map A-1 of the adopted 2020 Comprehensive Plan Amendment Map Series, and it is located
within the Residential Single -Family (RS -2) district according to the adopted Official Zoning Map,
The following provisions of Section 24-106 of the current Land Development Regulations detail
use and development standards for the RS -2 zoning district:
RESIDENTIAL, SINGLE-FAMILY DISTRICT (RS -2)
(a) Intent. The R5-2 zoning district is mtended to apply to predominantly developed areas of
single-family dwellings with plotted Ots that ore smaller than those in the RS 1 zoning
district. All development within the RS -2 zoning district shell comply with the res+dential
density limitations as set forth within the adopted Comprehensive Plan for the City of
Atlantic Reach, as may be amended.
(b) Permitted uses. The uses permitted within the RS -2 zoning district shall be,
(1) Single-family dwelirngs.
(2 f Accessary uses (see section 24-151j.
AOVR-12-00100004, 3382NUVREET'
MARIE SCNEURING (BUYER)
JANUARY 6, 2012
Pope 2 of 7
(3) Government uses, buildings and facilities.
(c) Uses -by -exception, Within the R$-2 zoning district, the following uses -by -exception may
be permitted:
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential
neighborhood.
(3) schools -
(4) Name occupations, subject to the provisions of Section 24-159.
(d) Minimum lot standards. Existing legally established lots of record may exist which do
not meet the following requirements. These lots may be developed subject to all
applicable land development regulations; however, all lots created after January 1, 2002
must comply with these minimum lot size requirements in order to obtain building
permits authorizing development {see Section 24-188 and Section 24-189). The
minimum size for lots within the RS -2 zoning district, which are created after the initial
effective date of these Land Development Regulations shall be.
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: one hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within RS -2 zoning
district shall be:
(1) Front yard_ Twenty (20) feet.
(2) Rear yard: Twenty (20)feet-
(3)
20)feet_(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either
side,
(f) Building restrictions. Building restrictions within the RS -2 zoning district shall be:
(1) Maximum impervious surface, Fifty (50) percent.
(2) Maximum building height: Thirty-five (35) feet.
The lot is a regular rectangular shape, but is substandard in size with dimensions of twenty-six
and two-tenths (26.2) feet in width by one hundred thirty (130) feet in depth, for a total of three
thousand four hundred six (3,406) square feet, or seven -hundredths (0.07) acres, in total lot
area.
There are currently two nonconforming structures located on the subject property. The first is a
single -story, one -car garage and a portion of a breezeway with a solid roof structure connecting
that garage to the single-family residence located on the adjacent lot directly to the east. The
footprint of the garage is approximately thirteen (13) feet in width by twenty-four (24) feet in
depth, while the height is approximately fourteen (14) feet. The portion of the breezeway
located on the subject property measures approximately six (6) feet in width and fifteen (15)
feet in depth.
The garage structure (exclusive of the breezeway structure) conforms to the required size and
height standards, as well as required front, rear and side yard setback standards for a detached
garage per Section 24-151(b)(1)d of the current Land Development Regulations. i-fowever, the
connecting breezeway results in an encroachment into the required eastern side yard. If the
connecting breezeway were to be removed, the garage would be brought into compliance with
all current standards.
OOVR-12-00100004, 3382"p STREET
MARIE SCHEURING (BUYER)
JANUARY 6, 2012
Page 3 of 7
The second structure is a three-story single-family residence with a footprint measuring
seventeen (17) feet in width and thirty (30) feet in depth. Located south of the garage on the
rear of the lot, this structure complies with required front and rear yard setbacks of twenty (20)
feet each, as established in Section 24-106(e)(1)-(2), However, due to the marrow width of the
lot, and positioning directly on the eastern lot line, the structure does not comply with Section
24-106(e)(3), required side yard setbacks, combined fifteen (15) feet and five (5) feet minimum
on either side. Further, the overall height of the structure is thirty-eight (38) feet from the
established grade to the top of the stair tower. Thus, the structure exceeds the maximum
height of thirty-five (35) feet per Section 24-106(f)(2), by three (3) feet.
HISTORICAL CONTEXT OF THE LOT
According to information obtained from the Duval County Property Appraiser's Office and the
Duval Clerk of Courts, this lot was created as the result of a lot split and sale on January 18,
2001. This transaction is recorded by means of a Warranty Deed in Official Records Book 9926,
Page 1568. At the time of lot split, the subject property was located within the Residential
General, Two -Family (RG -1) zoning district. However, it is very likely this was not a legal lot split
because the resultant parcel does not conform to the minimum lot standards of the RG -1 zoning
district in effect at that time, and there is no evidence of any sort of waiver of the minimum lot
standards thus granting approval for the creation of the lot. The table below shows the
minimum lot standards within the RG -1 zoning district according to the adopted Land
Development Regulations in effect on January 18, 2001 10rdinance 90-82-074, as amended
through Ordinance Na 90-01-1701, and the actual parcel dimensions according to the 2001 deed.
MINIMUM STANDARD
(LDR ORDINANCE 90-82-
074)
ACTUAL. DIMENSION
(2001 DEED)
LQTOR SITEAREA 5,000 SQUARE FEET
3,406 SQUARE FEET
LOT WIDTH 50 FEET
26.2 FEET
LOTOEPTH 100 FEET
130 FEET
Even though this lot was created and recorded prior to the adoption and effective date of the
current Land Development Regulations (Ordinance Number 90-01-173, Effective January 1,
2002), it cannot be deemed as a "lot of record" per Section 24-17, Definitions, of the current
Land Development Regulations, because it was not "legally" established:
tOT OF RECORD Shall mean
(a) A lot that is part of a documented subdivision. the map of which has been recorded in
the office of the clerk of the circu it co urt, or
W A lot or porcei of land described by metes and bounds, the description of which has been
recorded in the office of the clerk of the circuit court, consistent with and in com fiance
with land development reaulations in effect at the time of said recardip.
DO VR -12-00100004, 3332"STREET
MARIE SCHEURING (BUYER)
JANUARY b, 2012
page 4 of 7
HISTORICAL CONTEXT OF THE STRUCTURES
At the time of the lot split in 2001, only the single -story, one -car garage and connecting
breezeway, constructed in 1951 and as described above, were located on the subject property.
On April 27, 2001, the new owners applied for a building permit to construct a new residence.
According to construction plans on file with the City, this is now and always has been a single
family residence, but for some reason, the permit was issued for construction of a duplex (DPLX-
03-30021836), Current records of the Duval County Property Appraiser's Office does list the
structure correctly as a single-family residence, though. The Certificate of Occupancy was issued
on June 18, 2003. On August 16, 2007 the property owners applied for a building permit to
replace windows and repair the roof (RAAR-07-0000116 4) The Certificate of Completion for
that work was issued on September 25, 20D8.
Please note that no documentation of variances or waivers for either the side yard setback
reduction to zero (0) feet on the eastern side, or the additional three (3) feet of height have
been found. However, because building permits were issued based upon construction plans
that clearly demonstrated these nonconformities and inspections were conducted and
Certificates of Occupancy/Completion were issued, the existing three-story, single-family
structure is considered to be "legally" constructed. Due to the incompliance with the side yard
setback and height standards cited above, this structure qualifies as a nonconforming structure,
according to Section 24-17, Definitions, of the current Land Development Regulations,
NONCONEOWNG STRUCTURE shall moon a structure or building or portion thereof, which does
not conform with the land development regulations applicable to the zoning district In which the
structure is located, but which was legally established prior to the effective date of such load
development regulotions.
IMPLICATIONS FOR FUTURE DEVELOPMENT OR REDEVELOPMENT
• EXISTING GARAGE: Regarding the existing garage, as we have discussed and as
described above, removal of the connecting breezeway will make this structure into a
fully -compliant and conforming accessory structure. You have expressed interest in
relocating the existing garage further north on the lot, in order to create useable green
space between it and the existing residential structure. This is completely permissible
so long as the structure is in compliance with the required yard setbacks for a residential
accessory, as established in Section 24-151, being twenty (20) feet from the front
property line and five (51 feet from the side property lines for a detached garage.
Because the existing garage is a legally constructed residential accessory, it is vested and
may be reconstructed at any time within the existing footprint, or in compliance with
the development standards and regulations in effect at the time of reconstruction, per
the following provisions:
DDVR-12-00100004, 338 2"' STREET
MARIE SCHEURING (BUYER)
JANUARY 6, 2012
Page S of 7
Section 24-85 provides vesting rights for lawfully existing residential uses affected by
future amendments to either the official zoning map or the land development
regulations.
Section 24-87 provides vesting rights for lawfully existing residential uses damaged or
destroyed by fire, weather-related or other natural or unintended acts.
+ EXISTING RESIDENCE. Because the existing residence is a legally constructed
nonconforming structure the provisions of Section 24-85(c)(1)-(6) listed below are
applicable:
(1) No nonconforming structure shall be expanded or enlarged unless such exponsian or
enlargement complies with the terms of this Section and other applicable provisions of
this Chapter, including building setbacks, or unless ❑ variance has been obtained from
the Community Development Board in accordance with the requirements of Section 24-
64 of this Chapter.
(2) Any nonconforming structure, or portion thereof that is declared unsafe may be
restored to a safe condition. Building permits shall be required.
(3) A nonconforming structure may be maintained, and repoirs and alterations may be
made subject to the provisions of this Section.
(4) No additional structure not conforming to the requirements of this Chapter shall be
constructed in connection with the nonconforming use of land.
(5) Any existing nonconforming structure that is encroaching into public right-of-way shall
not be rebuilt, enlarged, or structurally altered unless such encroachment is removed.
(6) Residential structures which were lawfully existing, but nonconforming with respect to
required building setbacks may be reconstructed within the previously existing footprint
pro vided that where any exterior We wall is constructed, a minimum five-foot side yard
setback shall be required, This provision shall apply only to reconstruction fallowing
damage that has occurred from an unintended act, including fire and weather-related
events, and not from an intentional act of the property owner or occupant in which case
the required building setbacks of the particular zoning districtsholl be required.
You have expressed interest in removing the existing internal spiral staircase and
replacing it with an elevator, and upon our last conversation conveyed an estimation of
approximately eighteen (18) additional inches in height that would be required to
accommodate the encasement of the mechanical equipment on top of the elevator.
Unfortunately, as noted above, the existing structure already supersedes the maximum
allowable height for principal residential structures by three (.3) feet, and the only
permissible exception to that height limit is for chimney structures. There is no
provision for variance or waiver from this requirement at this time.
You stated you might consider an external elevator shaft with the mechanical
equipment located adjacent to the elevator, rather than on top, as an alternative. I find
this option to be permissible, deriving my interpretation from Section 24-83(c):
DOVR-12-00100004, 3382"° STREET
MARIF SCFIEURING (BUYER)
JANUARY 6, 2012
Page 6 of 7
MECHANICAL EQUIPMENT
Equipment such as heating and air conditioning units, pumps, compressors, or
similar equipment that makes excessive noise shall not be located closer than
five from any lot tine where such equipment will be located adjacent to the
interior living area of an existing residence. This setback requirement shall not
apply where such equipment shall be located adjacent to a neighboring garage,
storage or utility area, or other similar equipment. It is the intent of this
provision to require placement of such equipment in a location that does not
unreasonably disturb neighbors. This requirement shall apply to such
equipment lawfully installed prior to the effective dare of these Land
Development Regulations.
As an upside to the added expense of this alternative, keep in mind that removal of the
internal spiral staircase and addition of an external elevator shaft would increase the
livable area of each floor by approximately fifty (50) square feet, and the roof -top deck
would be increased by same is area as well.
+ SUBSTANDARD LOT: In regards to the lot itself, it has been determined that most likely
the subject property was created from an illegal lot split, and aside from the vested
rights described above and related to the legally constructed garage and the legally
constructed single-family residence currently located on the subject property, the lot
itself has no vested rights. Section 24-85(b)(1)-(4), regarding nonconforming lots of
record, provides the basis of this interpretation:
NONCONFORMING LOTS OF RECORD
(1) Where a lot or parcel of land has a lot area or frontage that does not
conform with the requirements of the zoning district in which it is located,
but was a leaaily established and documented lot of record prior to the
adoption of this Cade or previous codes and applicable City of Atlantic
Beach ordinances, such lot or parcel of land may be used for one single-
family dwelling in any residential zoning district, provided the minimum
yard requirements for that residential zoning district ore maintained, or
provided that the owner of said lot has obtained a variance from the
Community Development Board, in accordance with the requirements of
Section 24-64 of this Chapter,
(2) In any zoning district, on a legally established and documented
nonconforming that existed prior to the initial effective date of these Land
Development Regulations, a structure may be expanded or enlarged
provided such expansion or enlargement complies with other provisions of
this Chapter, including yard requirements, or with the terms of a valid
variance.
(3) After the initial effective date of these Land Development Regulations, no
single-family, townhouse, two-family (duplex) or multi -family structure
shall be allowed on a single-family residential lot or a combination of such
tots unless the total lot area proposed for development complies with the
regulations as set forth within this Chapter and with the density imitations
DOVR-12-00100004, 338 ,Z"b STREET
MARIE SCHEURING (BUYER)
JANUARY 6, 2012
Page 7 of 7
as set forth within the Comprehensive Plan, unless otherwise exempted in
preceding porogroph (1) or in occordonce with a valid unexpired vesting
determination.
(4) After the initial effective date of these Land Development Regulations, no
Jot or parcel in any zoning district shall be divided to create a lot with ars
area or width below the requirements of this Chapter and the
Comprehensive Plan,
I hope you find this information helpful, and if after review, you have questions or would like to
discuss any of the contents of this letter further, please feel free to call, email or drop by.
Sincerely,
94� a-dcll
Erika Hall
Principal Planner
cc: Michael Griffin, CBO, CFM
Alan Jensen, Esquire