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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