1778 Beach Avenue ZVL 08.06.2007 (Cromer) CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
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August 06, 2007
Charles L. Cromer, CPA PA
225 Water Street, Suite 1200
Jacksonville, FL 32202
Re: Preliminary review of proposed residence at 1778 Beach Avenue
Dear Mr. Cromer:
I have reviewed the preliminary plans you have submitted for the redevelopment of your
property at 1778 Beach Avenue. The proposed preliminary plans are consistent with the terms of
the Variance granted for development of a single-family residence on this nonconforming Lot of
Record, which allow a structure with a rear yard setback of ten (10) feet and a maximum height
of twenty-five (25) feet. As you are aware development of the property shall be subject to all
other applicable Land Development Regulations including the limitations on the height of walls
or fences, as we discussed during our meeting last week. Revisions to the height and/or location
of walls, as shown on the preliminary plans, will require modification prior to issuance of
permits.
Please feel free to call me at 247-5826 with any further questions.
Sincerely,
a 441"
Sonya Doe , AICP
Planning Director
Enclosure
CITY OF ATLANTIC BEACH
; t BUILDING AND PLANNING
800 SEMINOLE ROAD
a r 7; ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE:(904)247-5800
FAX:(904)247-5845
40, httpa/ci.atlantic-beach.fl.us
July 12, 2004
Charlie Cromer
1778 Beach Avenue
Atlantic Beach, Florida 32233
Re: Status of Variances at 1778 Beach Avenue for parcels located directly west of
oceanfront Lots 36 and 37 of North Atlantic Beach, Unit Number 1
Dear Mr. Cromer:
The purpose of this letter is to clarify the status of previous Zoning Variances, which have
been granted to your property on Beach Avenue. As you know, the history of the Variances on
these lots is rather complicated and now dates back over a decade ago. Based upon City
records, your above referenced property consists of two 50 x 50-foot lot on the west side of the
1700 block of Beach Avenue. The southern lot is currently vacant, and the northerly lot
contains your single-family residence. These lots are recognized as nonconforming, but
legally established, Lots of Record,
Your existing residence was constructed with a Variance approved March 15, 1988 (No. V-88-
3-C), which allowed for a rear (west side of lot) yard setback of ten (10) feet and a maximum
height of twenty-five (25) feet. A later Variance applying those same rear setback and height
standards was approved February 08, 1993 for the adjoining 50 x 50-foot lot. This later
Variance, however, has not been used for development of this lot.
As we have discussed, under current Land Development Regulations, construction pursuant to
a Variance must commence within 365 days of a Variance order; otherwise, the Variance
expires. Such time limitations, however, were not in effect in 1993. Information contained
within the property file maintained by the Office of the City Clerk seems to establish an intent
that this Variance was granted transferable without respect to when construction occurred. I
have discussed this Variance with City Attorney Alan Jensen, and it is our concurrence that the
Variance approved February 08, 1993 should be considered as transferable to run with the title
to the property.
•
Page two, Mr. Cromer
July 12,2004
In summary, the terms of that Variance, which allow a structure (a garage apartment was
specifically addressed within the Variance) with a rear yard setback of ten (10) feet and a
maximum height of twenty-five (25) feet, remain valid. Future development of the property
shall be subject to all other applicable Land Development Regulations.
With regard to potential to redevelop your property (both lots) with a two-family dwelling,
with only 5000 square feet of lot area, the property is not of adequate size to construct a
duplex. Further, duplex use would not be consistent with Section 24-85 (enclosed), which
limits Nonconforming Lots of Record to a single-family dwelling only.
Please retain a copy of this letter for your records, and I would suggest that you provide a copy
of this letter along with any future application for building permits. You may call me at 247-
5826 with further questions.
Sincerely,
Sonya D err, AICA
Community Development Director
Enclosures
cc: Alan Jensen, City Attorney
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EXHIBIT A-ORDINANCE NUMBER; 90-03-184
Sec. 24-85. Nonconforming Lots,Uses and Structures
(a) Intent. Within the established Zoning Districts, there exist Lots, Structures and Uses of Land that
were lawful prior to the adoption of these Land Development Regulations. Such Lots, Uses and
Structures would be prohibited, restricted or regulated through the provisions of this Chapter or the
adopted Comprehensive Plan. It is the intent of this Section to recognize the legal rights entitled to
property owners of existing Nonconforming Lots, Uses and Structures, and to permit such non-
conformities to continue in accordance with such rights, but not to otherwise encourage their
continued survival. Furthermore, the presence of any nonconforming characteristic shall not be
considered as justification for the granting of Variances, and any Nonconforming Structure or Use,
which is made conforming shall not be permitted to revert to any Nonconforming Structure or Use.
(b) Nonconforming Lots of Record.
(I) 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 legally established and
documented Lot of Record prior to the adoption of this Code 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 are 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 residential Zoning District, on a legally established and documented Nonconforming Lot
of Record 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 Lots unless the total Lot Area proposed for
Development complies with the regulations as set forth within this Chapter and with the Density
limitations as set forth within the Comprehensive Plan, unless otherwise exempted in preceding
paragraph(1)or in accordance with a valid unexpired vesting determination.
(4) After the initial effective date of these Land Development Regulations, no Lot or parcel in any
Zoning District shall be divided to create a Lot with area or width below the requirements of this.
Chapter and the Comprehensive Plan.
(c) Nonconforming Structures.
(1) No Nonconforming Structure shall be expanded or enlarged unless such expansion or
enlargement complies with other provisions of this Chapter, including Yard Requirements, or
unless a Variance has been obtained from the Community Development Board, in accordance
with the requirements of Section 24-64 of this Chapter.
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through June 28,2004
43
Page 3 v V
NAME OF
Minutes, February 8, 1993
comas. M S y N
Item 7A was taken out of sequence and acted upon at
this time.
*c, 7A. Appeal of variance denial by Community
Development Board to construct a garage
apartment on a substandard lot (Townsend
Hawkes-owner)
George Worley, City Planner, reported Townsend
Hawkes was the owner of an oceanfront home at 1771
Beach Avenue and a 50' x 50' lot directly across
Beach Avenue . Mr. Hawkes desired to construct a
freestanding building containing two living floors
'above a garage level . The proposed structure would
encroach to within ten feet of the rear property
line. The proposed use of the building would be
the primary residence for Mr. Hawkes. Mr. Worley
stated a 50 ' x 50' lot was a substandard lot and
required a variance for any construction thereon.
In addition a variance to the rear setback
requirement was also needed and the building height
limitation was reduced in direct proportion to the
reduced size of the lot.
It was explained the original request to construct
the building was denied by the Community
Development Board. The Board felt the lots had
originally been platted to provide additional
parking for the oceanfront homes and not intended
for the construction of homes. The Board also
expressed great concern for the potential adverse
impact of additional traffic and restriction of
parking in that vicinity.
Hans Tanxler, a lawyer representing Mr. Hawkes,
reported Townsend and Virginia Hawkes wished to
supplement their income with the rental property.
He explained property owners in the area, formerly
known as Seminole Beach, were told prior to their
agreeing to annexation that their right to develop
property would not be more restrictive under
Atlantic 'leach than it was under Jacksonville. The
rear setback would have been only 10 feet when the
property was part of Jacksonville and the structure
could have been constructed.
Alan Jensen, City Attorney, advised that because of
the promise that was made prior to annexation, and
the fact that other property owners in that areae .
had been granted variances based on similar logic,
a denial of this request would not be defensible in
court.
Page 4 v v
OF
Minutes, February 8, 1993 NE
COMMAS. MSYN
Motion: Grant three variances Edwards x
necessary to construct building on Fletcher
50' x 50' lot located at 1771 Beach Tucker x
Avenue on the West side of Beach waters
Avenue Gulliford
Commissioner Waters felt it was unfair to allow the
requested structure height of 27 feet on the
substandard lot, as he felt it would be detrimental
to the people living behind the proposed
structure. It was explained the proposed structure
would utilize the same plans as the house behind
it. .`
Commissioner Fletcher was concerned with the
height of the structure as well as the precedent
the structure would set. He added the City had a
substandard zoning code for a reason and that was
to limit the density in certain areas. Mayor
Gulliford felt the Commission should be fair and
even-handed. He added beach communities were dense
by nature. _
Substitute Motion: Grant necessary Edwards x
variances to build structure on 50' x F�etcher x x
50' lot located at 1771 Beach Avenue, Tucker
on the West side of Beach Avenue, Waters x x
with the condition that the height of Gullifazd x
the building be limited to 25 feet
and the rear setback 10 feet
The question was called and the vote was 3-2, with
Commissioners Edwards and Tucker voting nay. The
motion carried.
Item TB was taken out of sequence and acted upon at
this time.
7B. Appeal of variance denial by Community
Development board to keep a screened enclosure
(Laurie Hesketh)
George Worley reported Gudron Morrison, represented
by Lori Hesketh, constructed a screened enclosure
at the rear of her home at 403 Seaspray Avenue in
violation of the required rear setback. Ms.
Morrison applied for a variance to keep the
structure as built. The community Development '
Board discussed the fact that no permit was pulled
and that the violation could have been avoided had
the normal process been followed. '
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