Dutton Island Property 2006 (Bennett) J
i \.� `r rj FAX MEMORANDUM
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City of Atlantic Beach
800 Seminole Road
Atlantic Beach,Florida 32233
Telephone(904)247-5800 114 Its
FAX "'
FAX(904)247-5805 ,, ..
http://www.coab.us
TO: Kevin Bennett
DATE: January 20,2006
FAX: (904) PHONE: (904) 744-0747
FROM: Sonya Doerr,AICP
Community Development Director
FAX: 904 247-5845
PHONE: 904 247-5826
Subject: Dutton Island Road property
Kevin, the Dutton Island Road property has never had a Comprehensive Plan density
designation of Residential, Medium Density. It has been designated as Residential, Low
Density since 1990. The March 08, 2004 letter from me that you faxed is for property on
Orchid Street, which is Residential, Medium Density. The Zoning Information table you also
faxed clearly states: Two-family uses are also subject to the Comprehensive Plan Density
limits. No one in any department in the City would have told you that a new duplex could have
been built anywhere unless it met the requirements of the Comprehensive Plan and the below
RG-1 district Lot Area requirements. (and these are not new regulations)
(1) Lot Size in the RG-1 and RG-1A Zoning Districts:
i. Single-family Dwellings: 5,000 square feet.
iii. Two-family(duplex)Dwelling or Townhouse:
11• 1100' Lands designated as Low Density by the Future Land Use Map: 14,500 square feet
Lands designated as Medium Density by the Future Land Use Map: 6,200 square feet
Lands designated as High Density by the Future Land Use Map: 5000 square feet
Number of pages including this page: 1
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City of Atlantic Beach, Florida
General Lot and Site Requirements for Zoning Districts
(For additional information.please refer to Chapter 24 of the
City of Atlantic Beach Municipal Code
or the City of Atlantic Beach web-site at www.coab.us)
Zoning District . Minimum Lot Minimum Minimum Minimum Maximum Maximum
Size! Front Rear Side Yard Height Impervious
Yard Yard Setbacks Surface Area
.fi. Setback Setback
1. r r t I
ME .. Use-by-Exceptioo 20 feet • 20 feet 10 feet 35 feet 25 percent
required.
Conservation' _
1 -1 '') 7500 square
Residential,Singte-family
9D foot of Lot Area 20 feet 20 feet 7.S feet 35 feet 50 percent
District
•W .' Minimum 5000 Combined 15
•"square feet of Lot feet,but not
Aealdentfal,Single-family Area r 20 feet 20 feet less than 5 35 feet SO percent
+1 A I Districts wow Me.ry) feet 011 either
r.,:y-1 1.--1 elder ,
rNTr-�.>r' RG-1 and RGr1A Por Single-family Combined 15
1/1€761-1,tyl
maideatied,Two-family .5000 square feet of 20 feet • 30 feet feet,but net 35 feet 50 percent
(�ai f t,si r( Lot Area r lest than S
District, we.gw••ra feet on either
, side
(Singist•danily and two- icor two-family 7500
famit mi square feet of Lot
o•orally uses are also Area t
subject to the
Comprehensive Plan o
density tlmlts.
RG-2 sed RG-3 For two-family,see For single
endnote e, 20 feet 20 feet (amllY, 35 feet SO percent
Residential,Multi-family , combined 15
Districu For!Viotti-family, Leet,but not
5000 square feet less then 5
(Single,two-family and with additionalfeet on either
multi-family uses are unit,determined by side;all other
permitted,subject in the Comprehensive Requires 7.5
Comprehensive Plan Flan. feet on each
density BMW.s) ayside.
7500 square(est 20 feet 20 feet 10 feet 35 feet 70 percent
Commercial,Professional ;,pfLot Area
and Office
CL and CG ,5000 square feet
Commercial Limited& ;.of Lot Area 20 feet 20 feet 10 feet 35 feet 70 percent
Commercial General t�
5000 square feet •
Industrial,Light and of Lot Area 20 feet 20 feet 10 feet 35 feet 70 percent
warehousing ' '.ryjr•
;Required Lot Area will be determined based upon the characteristics of the Use proposed,and sanctum
shall be a minimum distance of five(5)feet from any property line. The Building Restrictions applicable to
Special Purpose' rany Use permitted within a Special Purpose District will be established within the ordinance cresting any
4pecial Purpose District.
all $000 square feet of
t Area 20(est 10 feet 10 feet 25 feet 70 percent
Central Business District
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j ti.%L�l j�✓�„ CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
<I ATLANTIC BEACH,FLORIDA 32233-5445
r e •J TELEPHONE:(904)247-5800
FAX:(904)247-5805
zzASUNCOM:852-5800
www.coab.us
JJ313�
January 24, 2006
Kevin Bennett
4429 Jiggermast Avenue
Jacksonville,Florida 32277
kot
Re: Dutton Island Road,West lots
Dear Kevin:
I have received your additional fax dated January 3rd. I have previously provided most of the following
information, but will try to address your additional questions. I have no authority or administrative flexibility to
give zoning approval for new duplexes on these lots, which are smaller than the 14,500 square feet of lot area
required by Section 24-106 (d)(1) ii of the City Code. To do so would be in direct violation of the City's zoning
laws. Likewise, the fact that there are other duplexes in this area does not mean that new duplexes can be built,
which do not meet lot area requirements. (...and no amount of argument by phone will change that.)
These regulations are not new. The minimum lot size requirement in the RG-1 and RG-1A was Zoning Districts
was last amended in 2001, to make all zoning district minimum lot sizes consistent with the Comprehensive Plan
density limitations. As I have previously advised,this area has been designated as Residential, Low Density since
1990. As you can read from the below, new development must comply with the Comprehensive Plan. This is a
requirement of State law as well as City law.
Sec. 24-106. Residential General,Two-familyDistricts.. (RG-1 and RG-1A)
(a) Intent. The RG-1 and RG-1A Zoning Districts are intended for Development of low and medium Density Single-family
and Two-family residential areas. All Development of Land and Parcels within the RG-1 and RG-1A Zoning Districts
shall comply with the residential Density limitations as set forth within the adopted Comprehensive Plan for the
City of Atlantic Beach,as may be amended.
I believe that you may be using a very, very old zoning code. One of the pages you faxed looked to have a
Supplement number of 6 or 8 at the bottom of the page. The City Code is now at Supplement 31. As a courtesy, I
am enclosing a current copy of the City's Zoning, Subdivision and Land Development Regulations.
Finally, you have asked about Public Works and Public Utilities approvals. Those City departments have their
own development review functions and responsibilities, and those do not include zoning approval. Zoning
approval can be given only through the Community Development Department, and while I regret the personal
difficulty this is creating for you, again,I have no ability to give zoning approval for building permits to construct
duplexes on these lots.
Sincerely,
biaLecA--
Sonya err,AICP
Community Development Director
cc: Jim Hanson, City Manager Enclosures
Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel.
In the case where more than one Parcel, Platted Lot or Lot of Record has been combined
and developed as a single Development Parcel, such Lots shall not later be developed as a
single Lot, unless all requirements for Development as a single Lot shall be met,
including but not limited to Impervious Surface Area limitations and provision of all
Required Yards for all Structures.
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11, .Aj' CITY OF ATLANTIC BEACH
ri P BUILDING AND PLANNING
800 SEMINOLE ROAD
• ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE:(904)247-5800
FAX:(904)247-5845
hilpi/ciatlantic-beach.C.us
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March 08, 2004
Kevin Bennett • IWI
LE n
4429 Jiggermast Avenue
Jacksonville, Florida 32277 Opy
. -Me: Lots 4(part)5 and 6,Block Si,Section "11" Subdivision -
Dear Mr. Bennett:
I have reviewed the survey you faxed to me earlier. This property consists of all of Lot 5 and Lot 6, a
• f•j+- •• , •• - ion of Lot 4 alon. . • • e east o --•< • • - losed Orchid Street ri_ht-of way.
The •ro•ert is io - • RO-1 and is within the Residential, Medium Density land use catego Lot 5 and
Lot 6 remain as legal platted Lots of Record consistent ith the recor•C. p a or ection . Lot 4 has
been divided at some point such that it is no longer a conforming lot of record in that it is only 40-feet
wide.
The faxed survey is a bit hard to read, but Lot 6 appears to be a 70-foot wide by 102-foot deep lot
containing 7140 square feet of lot area. This lot.meets the required lot area of 6200 square feet for a
duplex, so subject to Section 24-87 and Florida Building Codes, this lot may be developed with a
duplex. Lot 5 and the 40-foot portion of Lot 4 are not currently large enough to develop with duplexes.
Further, I would need to verify when the easterly 10-feet of Lot 4 was divided from the original Lot 4 to
determine if the remaining portion of Lot 4 can even be developed with a single-family residence in its
current nonconforming width and size.
Alternatively, (as I think you have suggested in your fax) what you may wish to consider is utilizing the
closed portion of Orchid Street to create a larger Lot 4 and a larger Lot 5 such that a duplex could be
built on each lot. The subdivision regulations permit the "shifting" of internal lot lines to create larger
lots than originally platted, but you cannot create new or additional (more than three) lots, and the sizes
must be, at a minimum, as large as the lots were when they were first platted. In other words, one larger
lot of 70-feet by 102-feet must be maintained. If the closed portion of Orchid Street can be used to
create lots that met the 6200 square feet, then a duplex could be built on those lots. I have included the
section from the subdivision regulations explaining how to do this. You may call me at 247-5826 with
further questions.
Sincerely, J / - .- c.xtic,0�-
z o 19— ` 7742 5.47. -tic,
Sonya D(Serr, AICP
Community Development-Director
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