380 12th Street LOT SPLIT (Newell) 2004 •
t,� �j_, CITY OF ATLANTIC BEACH
0 'Z BUILDING AND PLANNING
800 SEMINOLE ROAD
J J ATLANTIC BEACH,FLORIDA 32233 5445
f _ TELEPHONE: (904)247 5800
s �, FAX:(904)247-5845
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COpyHelga and McFadden Newell
380 12th Street
Atlantic Beach, Florida 32233
Re: Division of 380 12th Street (Lot 8, Block 2, Selva Marina subdivision, Unit 1)
Dear Mr. and Mrs. Newell:
I asked our CAD technical designer to provide a lot area calculation for your lot based upon
the copy of the recorded plat in City files. He calculated 14,814 sq ft of lot area, which is 186
square feet short of the 15,000 square feet of lot area needed to create two new lots. As we
have discussed, Section 24-255 (a) of the City's subdivision regualations requires that all new
lots contain at least 7,500 square feet of lot area. (I realize this is a very small amount of lot
area. The City's Land Development Regulations give me authority to administratively waive
up to 5% of certain provisions, but unfortunately, Lot Area is expressely excluded from that
5% waiver provision.
I would suggest that you may wish to contact a surveyor to verify the exact size of the lot.
Because your lot is of an unusual shape, it is difficult to determine the exact lot area from the
Plat without the accuracy of a survey.
You may also wish to discuss with your neighbor to the east, the possibility of purchasing a
small strip of land on the west side of that lot. That lot (Lot 7) is not of sufficient width to be
divided in the future, but it is large enough to sell-off 186 square feet that could make your lot
large enough to divide into two 7500 square foot lots while still maintaining Lot 7 as a fully
conforming lot.
The only other option I can suggest would be to request a Subdivision Waiver from the City
Commission, asking for approval to create lots that are less than the 7500 square foot size. I
must be frank; with few exceptions, similar requests have generally been denied by the City
Commission, but since the amount of Lot Area reduction is small, the Commission might see
such a request differently. Feel free to call me at 247-5817 with any questions.
Sincerely,
•
dor, - �ettht
Sonya oerr, AICP
Community Development Director
Enclosures
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-47. Community Development Director.
The Community Development Director, or designee, shall have the following authorities and
responsibilities:
(a) To accomplish all administrative actions required by this Chapter, including proper notices as
specified in this Chapter or as otherwise required; the receiving and processing of appeals; and the
acceptance and accounting for fees.
(b) To provide written instructions to Applicants related to the required process for requests as required
under this Chapter and to assist Applicants in understanding the provisions of this Chapter.
(c) To receive and initiate the processing of all applications for changes in Zoning District designations,
Uses-by-Exception and Variances.
(d) To maintain all records relating to this Chapter and its administration, as may be set forth in this
Chapter or otherwise be necessary;
(e) To recommend to the Community Development Board and the City Commission, amendments to this
Chapter and the Zoning Map, with a written statement outlining the need for such changes.
(f) To conduct necessary field inspections required to advise the Community Development Board and the
City Commission related to zoning matters.
(g) To review preliminary Development plans, applications for certain Building Permits, including site
and Lot plans,to determine whether the proposed construction,Alterations,repair or enlargement of a
Structure is in compliance with the provisions of this Chapter and the Comprehensive Plan. The
Building Official's signature, stating approval, shall be required on all Development plans before a
Building Permit shall be issued.
(h) To grant minor dimensional Variances, excluding changes to Lot Area, height and parking, or minor
Variances to Development design standards as set forth in this Chapter, provided the requested
Variance is not more than five (5) percent from the standard or requirement requested to be waived.
Such minor Variances shall be granted only one time for any particular requirement on a single
property.
(i) To post signs and provide for proper published notice of zoning requests in accordance with Section
24-52, and to forward appropriate agenda information to be considered at the regular scheduled
meetings of the Community Development Board to members at least seven (7) days prior to the
meeting date.
(j) To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of
the office and delegate to these employees the duties and responsibilities assigned to the Community
Development Director as may be necessary to carry out properly, the functions of the office.
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
23
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
way, non-navigable channel or stream, there shall be provided a stormwater Easement or drainage
Right-of-way conforming substantially with the lines of the watercourse, and such further width as
will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of
the intended volume of water.
(c) Other drainage Easements. Other Easements may be required for drainage purposes of such size and
location as may be determined by the designated Administrative Official.
(d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and
service Easements or Right-of-ways may be required.
(e) No City expense. Easements required by these Land Development Regulations within proposed
Developments shall be provided at no expense to the City.
(f) The abandonment or vacation of beach access Easements shall be prohibited.
Sec. 24-254. Blocks.
(a) General. The lengths,widths and shapes of blocks shall be determined with due regard to:
(1) Provision of adequate Building sites suitable to the special needs of the Use contemplated.
(2) Zoning District requirements as to Lot sizes and dimensions.
(3) Needs for convenient access, circulation, control and safety of Street and pedestrian traffic and
fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting
Streets,except that the City Commission may approve blocks of greater length.
Sec. 24-255. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall
be appropriate for the location of the Development and for the type of development and Use
proposed. Lot arrangement and design shall be such that all Lots shall provide satisfactory and
desirable Building sites. Minimum sizes for Lots shall be as set forth within the applicable Zoning
District requirements. Unless expressly provided for within this Chapter, no residential Lot created
after the initial effective date of these Land Development Regulations shall have a width of less than
seventy-five (75) feet at the Building Restriction Line, or shall it contain less than seven thousand,
five hundred(7,500)square feet unless approved as part of a Planned Unit Development.
(b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the
depth and width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for the of Street service and parking facilities required by the type of Use and
Development proposed.
(c) Residential Corner Lots. Corner Lots for residential Use shall have extra width, greater than a
corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
115
•
Page 1 of 2
Doerr, Sonya
From: Doerr, Sonya
Sent: Friday, June 25, 2004 4:58 PM
To: Hanson, Jim
Subject: RE: Lot area dilemma
My thought as well. Adjacent Lot 7 to the east is almost 10,000 sf in size. Too small to divide anyway, but large
enough to sell-off a strip on the side and still be a conforming lot. I will discuss with the Newells on Monday.
Original Message
From: Hanson, Jim
Sent: Friday, June 25, 2004 4:54 PM
To: Doerr, Sonya
Subject: RE: Lot area dilemma
Sonya;
Can they buy 186 sf from an adjoining neighbor?
Jim
Original Message
From: Doerr, Sonya
Sent: Friday, June 25, 2004 4:36 PM
To: Hanson, Jim
Subject: Lot area dilemma
Jim, I met with a couple yesterday (McFadden and Helga Newell at 380 12th Street)that Rick
Beaver sent to see me. They want to divide their lot(similar to what he did a while back.) They are
186 square feet short of the 15,000 sf of Lot Area they need to create two 7,500 sf lots. Lot Area is
one of the few things that is excluded from my 5% administrative waiver authority.
It seems kind of punitive to deny their request over 186 square feet. What do you think? Also, I
think they realize that Rick's lot was a little bit larger than their lot, but don't want it to appear that we
did anything special for him.
Sonya
Original Message
From: Doerr, Sonya
Sent: Friday, June 25, 2004 4:18 PM
To: Hodgkinson, Mark
Subject: RE: Lot area
So, 14,814 sq ft of lot area.
argh... (They need 15,000 sf to divide into two lots.)
Original Message
From: Hodgkinson, Mark
Sent: Friday, June 25, 2004 4:06 PM
To: Doerr, Sonya
Subject: RE: Lot area
0.34 ACRES
6/28/2004
Page 2 of 2
Mark Hodgkinson
Original Message
From: Doerr, Sonya
Sent: Friday, June 25, 2004 11:33 AM
To: Hodgkinson, Mark
Subject: Lot area
Mark, can you tell me from the property appraiser's map how much lot area this lot
contains?
RE# is: 171930 0000
Address is: 380 12th Street(Lot 8, Selva Marina Unit 1)
I don't have a survey, but I do have the plat. If that would be helpful, I can run it over.
Thanks! Sonya
6/28/2004