1837 Ocean Grove Drive VARIANCE 04.28.2004 RECEIVE .0
CITY OF ATLANTIC BEACH
BUILDING . ZCNIiNG
APR 2 8 2004
APPLICATION FOR A VARIANCE
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
Phone: (904)247-5800 • FAX (904)247-5805 • http://www/ci.atlantic-beach.fl.us
Date 1 2 5/04 File No.
1. Applicant's Name M A K j o Q ( G,c�a 0-,
2. Applicant's Address 1 X37 0 CEA ROVE I R lVC
3. Property Location I 37 C E*a "— C ZQ VC-7 V R 1 V' G
4. Property Appraiser's Real Estate Number I CG° (c C' t CCC Q
5. Current Zoning Classification C) q Z t Co.&(:omprehensive Plan Future Land Use designation
7. Provision from which Variance is requested (ZO (J E22'—j' U S& RE —
1 \/.3c - FPrer\1L I� w L :1/42 C 0_7,z T0�TT) ,�: t�v�c
8. Size of Parcel G. C
9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction.
Eyes o (If yes,this must be submitted with any application for a Building Permit.)
10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of
the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application.
Statement and site plan must clearly describe and depict the Variance that is requested.
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies
record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s)for
applicant to represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property for which Variance is sought.
c. Required number of copies: Four (4), except where original plans, photographs or documents larger
than 11x17 inches are submitted. Please provide eight (8)copies of any such original documents.
d. Application Fee($150.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorizationformis attached:
Printed or typed name(s): G U AR Di AnDS.ri t. P O 1' \ c z. 2L/ I tvGJA7rA PiSrk-61Z
Signature(s): (\....)k CAI I fv Les P
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONcENCE
REGARDING THIS APPLICATION
Name: --FE) N 1 C l fV Q LESP�fLGC-2--
Mailing Address: I B `7 C) L'GAAD G Re
Phone: 7,4 Z7 3S ( FAX: E-mail: O(\i G.(a...1.)3. Corr?
aiU4--�Z4--3533 —wK lionTOA. G con,cas+ ,
net
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Instructions to apply for a Variance
Variance requests are considered and acted upon during public hearings before the Community
Development Board at their regular monthly meetings, which are held the third Tuesday of each
month, unless otherwise scheduled. Meetings are held at City Hall in the City Commission
Chambers at 7:00 pm. The deadline for filing a Variance application, in order to be heard at the
monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted
to the Planning and Zoning Department located at City Hall.
In order for a Variance application to be scheduled for public hearing, the application must be
complete. All required information must be provided, and the required fee must be paid. (Variance
fees are not refundable in the event that the Variance request is denied.) Once the required fee and a
complete application are submitted, the request will be scheduled for the next available public
hearing. An advertised notice of the hearing will be published in the newspaper, and an orange
zoning sign will be placed upon the property to notify neighboring residents that a Variance request
will be considered.
Before filing an application for a Variance, it may be useful to read and
understand the following definition and requirements from the City's Land
Development Regulations related to Variances. A Variance may be approved by
the Community Development Board only when consistent with these provisions.
Section 24-17. Definition of a Variance.
A Variance shall mean relief granted from certain terms of this Chapter. The relief granted shall be
only to the extent as expressly allowed by this Chapter and may be either an allowable exemption
from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s).
Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this
Chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.
Sec. 24-64. Variances.
A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained
from the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum
Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as
established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any
Use terms of a property.
(a) Application. A request for a Variance shall be submitted on an application form as provided by the City
and shall contain each of the following.
(1)a complete legal description of the property for which the Variance is requested.
(2) a reasonable statement describing the reasons for the Variance.
•
(3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other
significant features existing on the Lot.
(4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by
the Owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development
Director shall within a reasonable period of time schedule the application for a public hearing before the
Community Development Board following required public notice. At the public hearing, the applicant
may appear in person or may be represented by an authorized agent.
(c) Grounds for denial of a Variance. No Variance shall be granted if the Community Development Board,
in its discretion, determines that the granting of the requested Variance shall have a materially adverse
impact upon one or more of the following.
(1) light and air to adjacent properties.
(2) congestion of Streets.
(3) public safety, including risk of fire,flood,crime or other threats to public safety.
(4) established property values.
(5)the aesthetic environment of the community.
(6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife
habitat, Protected Trees, or other significant environmental resources.
(7) the general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situations created by the property owner.
The following paragraph sets forth reasons for which a Variance may
be approved. Please check the circumstances that apply to your
request and briefly describe in the space provided.
(d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community
Development Board,for the following reasons.
❑ (1) exceptional topographic conditions of or near the property.
❑ (2) surrounding conditions or circumstances impacting the property disparately from nearby
properties.
❑ (3) exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area. P Ro PC TyALAC-gyp y —T 124 PL6—)C,
tV E l Ca t-k e>Q 2 E-t OCD 0 t S TR CST A S y
0 U P t n -TO EA) 4O
❑ (4) onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
❑ (5) irregular shape of the property warranting special consideration.
❑ (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable
Use of the property.
(e) Approval of a Variance. To approve an application for a Variance, the Community Development Board
shall find that the request is in accordance with the preceding terms and provisions of this Section and that
the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter.
(f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a
lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms
and provisions of this Section and with the Purpose and Intent of this Chapter.
(g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall
not be grounds for approval of a Variance.
(h) Waiting period for re-submittal. If an application for a Variance is denied by the Community
Development Board, no further action on another application for substantially the same request on the
same property shall be accepted for 365 days from the date of denial.
(i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,
the work to be performed pursuant to a Variance shall begin within six (6) months from the date of
approval of the Variance. The Community Development Director, upon finding of good cause, may
authorize a one time extension not to exceed an additional six (6) months, beyond which time the
Variance shall become null and void.
(j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to
the Property unless otherwise stipulated by the Community Development Board.
Additional comments:
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FORM 17� •
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• OFFICIAL RECORDS i♦,,;:i ., : 1
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,P'. this y day of J1nNnr7 , A. D. 17 8$ BETWEEN
MARJORY INGRAM FISHER, a single person
:'1
1 of the Countyof Duval Florida y of the first part. and
, State of , port
' MARJORY INGRAM FISHER, as Trustee of the MARJORY INGRAM FISHER REVOCABLE TRUST
,I. DATED OCTOBER 12, 1937 , whose address is 1337 Ocean Grove Drive, Atlantic Beach,
s Florida 32233
%`r of the County of Duval. , State of Florida ,part y of the second part.
4 IVITNESSETII: that •the said part V of the first part, for and in consideration of the sum of
! Ten and 00/100 Dollars,
I in hand paid by the said part v of the second part. the receipt whereof•is hereby acknowledged, ha s
' remised, released and quit-claimed, and by these presents do es remise, release and quit-claim unto
the said part y of the second part, and her heirs, successors and assigns forever, the following de-
p.%i scribed land, situate, lying and being in the County of Duval , State of Florida, to-wit:
t1
}`I Lot 4 , Ocean Grove, Unit Two (2) according to tile plat thereof , recorded in
1 Plat Book 20, Page 20, of the current public records of Duval County, Florida.
01
'1 Together with residence thereon and, in that residence, certain furniture,
Vit ! furnishings, venetian blinds, range, refrigerator, air conditioner, drapery
'ti rods.
sr
ri RESERVING to the party of the first part full right and authority to use, manage
and occupy said property and to receive all rent, income, and profits therefrom
,oI during the term of her life; she being charged nevertheless with the duty and
'' ti obligation to maintain and care for said property and to pay all taxes legally
tI z
Xo C7 levied and assessed against the same.
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TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belong-
ing or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of
' the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the
a. said part Y of the second part, her heirs, successors and assigns forever.
In Witness Whereof, the said part v of the first part ha s hereunto set her hand and
'4 seal the day and year first above written. jI
ti ; SIin j1 and Sealed In�ur rr nee: �..f, .--2_,_://
•
IN THE CIRCUIT COURT, IN AND
DUVAL COUNTY, FLORIDA.
PROBATE DIVISION:
CASE NO. : 98-001702-CG
DIVISION: CV-C
IN RE: GUARDIANSHIP OF
MARJORY INGRAM FISHER
Incompetent . "
LETTERS OF GUARDIANSHIP
OF LIMITED GUARDIAN OF THE PERSON
AND PLENARY GUARDIAN OF THE PROPERTY
TO ALL WHOM IT MAY CONCERN:
WHEREAS, TONI GINDLESPERGER, has been appointed Limited
Guardian of the Person and Plenary Guardian of the Property of
MARJORY INGRAM FISHER, incompetent, and has taken the prescribed
oath and performed all other acts necessary to qualify as such
guardian:
NOW, THEREFORE, I, the undersigned judge of the above
entitled court, declare TONI GINDLESPERGER duly qualified under
the laws of the State of Florida ""t-o act as Limited Guardian of
the Person and Plenary Guardian of the Property of MARJORY INGRA.M
JFISHER, incompetent, to administer the estate of said incompetent
according to law, and to take possession of and to hold for the
benefit of said incompetent, all the property of said
incompetent, and of the rents, income,
issues, and profits from
it and further shall have the Limited Guardianship of her Person
with the power to provide medical or other professional care,
counseling, treatment or service.
WITNESS my hand and the seal of this cou
�� phi sday of
September, 1998 . CO—
Q 1
SEdec`e� �y�act
�s�Fie
CIRCUIT JUDGE
Copies Furnished to:
John F. Rodenborn, Esquire
Attorney for Petitioner
7952 Regency Square Blvd. , Suite 106
Jacksonville, Florida- 32225
Sandra W. Johnson, Esquire
2263 St Johns Avenue
Jacksonville, FL 32204
Marjory Ingram Fisher
1837 Oceangrove
Atlantic Beach, FL 32233
TRACY F. PAGENDAR.M
2108 OHIO STREET
LISLE, IL 60532-2022
TONI F. GINDLESPERGER
1837 Oceangrove
Atlantic Beach, FL 32233
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Doerr, Sonya
From: Doerr, Sonya
Sent: Monday, April 26, 2004 3:09 PM
To: 'Toni Gindlesperger'
Subject: RE: Application for variance
FILEcnpMs. Gindlesperger-
1
Your mother's property(RE Number 169600 0000) is currently occupied by Non-conforming use. The property is zoned
(and has been since it became part of the City of Atlantic Beach) RG-1, which is a single-family and two-family Zoning
District, dependent upon sufficient lot size to permit a duplex. I am advised by our Building Official that a tri-plex existed on
the lot when annexed in 1976, and tax records are consistent with that information. Our land development regulations,
and the Florida Building Code, allow for the existing tri-plex to be maintained and repaired, but if more than 50% of the
value of the building is destroyed or demolished, then all new construction must comply with the City's Comprehensive
Plan, land development regulations and Florida Building Code requirements.
You have requested information related to a Variance, but the Zoning Variance procedure cannot be used to reduce
required lot size or to change permitted uses within a Zoning District.
Sonya Doerr, AICP
Community Development Director
800 Seminole Road
City of Atlantic Beach, Florida 32233
904 247-5826 Phone
904 247-5805 FAX
Original Message
From: Toni Gindlesperger[mailto:tonig@aug.com]
Sent: Monday, April 26, 2004 12:57 PM
To: Doerr, Sonya
Subject: Application for variance
Ms. Doerr,
I need a little direction and or help. I would like to apply to keep the
triplex dwelling status and or anything else I might need.
The residence is 1837a, 1837b and 1835 Ocean Grove Drive Atlantic Beach.
Marjory I Fisher is the owner. I am her daughter and legal guardian.
1. I found a copy of her Quit-Claim Deed dated Jan. 1988 is this sufficient
for proof of ownership?
2. Survey dated Sept. 1975, no changes have been made since then, is this
adequate? Does it need to be sealed?
3. Building Elevation Height?
4. Any set back for the drive way?
5. Building set back
a. can open stairs extend over the line?
b.can open porches or roofs extend over line?
c. can a pool extend over line?
6. Payment by personal check?
7. Cut off date for any variance?
If you have any questions please call me. Toni Gindlesperger 904-824-3533
1
04/26/2004 13:21 9048239846 AD DAVIS CONSTRUCTIO PAGE 01/02
A. D. DAVIS
CONSTRUCTION CO., INC •
FAXCover 3940 LEWIS SPEEDWAY-P.O. BOX 3380
ST. AUGUSTINE, FLORIDA 32084
Sh eet Phone: 904-824-3533
FAX: 904-823-9846
it
Date: April 26, 2004
Number of pages (including cover): 2
SENT TO: Name: Sonya Doerr Community Development Director
Company: Cit o Atlantic Beach
Phone Number: 904-2475826
FAX Number: 904-247-5845
SENT BY: Name: Toni Gindlesperger
Phone Number: 904-824-3533
DESCRIPTION:
Reference the Application for Variance
I had problems with my mail not going through. If you could call me I would appreciate it.
Thank you,
Toni
04/26/2004 13:21 9048239846 AD DAVIS CONSTRUCTIO PAGE 02/02
Toni Gindlesperger
From: Toni Gindlesperger(tonig@aug.com1
Sent; Monday,April 26, 2004 11:46 AM
To: sdoerr@coad.us
Subject: Application for variance
Ms. Doerr,
I need a little direction and or help. I would like to apply to keep the
triplex dwelling status and or anything else I might need.
The residence is 1837a, 1837b and 1835 Ocean Grove Drive Atlantic Beach.
Marjory I Fisher is the owner. I am her daughter and legal guardian.
1. I. found a copy of her Quit- Claim Deed dated Jan. 1988 is this sufficient
for proof of ownership?
2. Survey dated Sept. 1975, no changes have been made since then, is this
adequate ? Does it need to be sealed?
3. Building Elevation Height?
4. Any set back for the drive way?
5. Building set back
a. can open stairs extend over the line?
b.can open porches or roofs extend over line?
c. can a pool extend over line?
6. Payment by personal check?
7. Cut off date for any variance?
If you have any questions please call me. Toni Gindlesperger 904-824-3533
Map Output Page 1 of 1
JAXGIS Property Information
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II
12922 -- -128.99 k�-
1849
1
41850 I 1852 -
1847
9000
1843
1850
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1839 I
1839 1838
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._c
1835 1834 - 1696001827 0000
9D tiltil
1_5033
125
_�1829 I 1837
1830
113 _
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1825 I I
1813 1826
� 410-166
(14\1 8 1763
1820
___..-- I J-50
-Capyrip hi iC)2082C ily of Jacksonville,FI I I I 1761
4 0?otal Plat flap Flood
# Name Address Value Acres Book Panel Legal Descriptions Zone dUse Zoning T
1837 20-20 09-2S-29E Not in
169600FISHER OCEAN GROVE DR413951 0.17 0000 554 1 OCEAN GROVE UNIT NO 2Flood
AARJORY I LOT 4 Zone
32233
http://maps.coj.net/WEBSITE/DuvalMAps/toolbar.asp 4/26/2004
Duval County Property Appraiser 2003 Certified Tax Roll Matching Record Cards Page 1 of 1
Duval County 2003 REQUESTED BY: Z ZIPPERER RUN 10/08/2003 12:21 AM
20-20 09-2S-29E FISHER, MARJORY I 554 1-9409-
OCEAN GROVE UNIT NO 2 1837 OCEAN GROVE DR 1837 OCEAN GROVE D
LOT 4 ATLANTIC BCH, FL 32233-5842 ATLANTIC BEACH
LAND VA
STYLE 01 BLDG NO. 001 +---20----+ MISC VA
Bldg Use : 0802 TRIPLEX SOH 10 USP(200)I BLDG VA
Ex-Wall 1: 2675 ALUM. SIDING 75 I USP 10 CAMA VA
Ex-Wall 2: 1625 TILE/WD STCO 25 +---20----+ VALUE B
Roof Str : 03 GABLE OR HIP 11FU02(110)I ASSESS
Roof Cvr : 03 ASPH/COMP SHNGL +1FU01(370) EXEMPT
In-Wall 1: 0500 DRYWALL 13 BAS 24 TAXABLE
In-Wall 2: 0000 N/A interior wall 2 I I SR EX V
Flr Cvr 1: 0525 ASPHALT TILE25% +---20----+ SR TAXA
Flr Cvr 2: 1475 CARPETING75% I I APPRAIS
Heat Fuel: 04 ELECTRIC 13 FU01(260) DATA
Heat Type: 04 FORCED AIR DUCT I I PROP US
Air Cond : 03 CENTRAL AIR +---20----+---20--+-+ Tax Dis
Bathrooms: 003.0 3.0 BATHS I I I I NBHD
Bedrooms : 04 04 BEDROOMS 20 BAS(400)OFUFU01(105) L100
Stories : 002.0 I IBAS I I EXEMPTI
Quality : 04 ABOVE AVERAGE +---20----+FU01(15) I 0601
Hrs.Spent: 00 +FOP-15---+ 0603
Minutes : 29
Rms/Units: 0003 USP;USP(L20D1OBAS;FU02(D11BAS;FU01(D13FUO1(D13BAS(L2OD
Act Mo/Dy: 0000 20R20U20)BAS;FU01(D2OFOP;FUO1(D3R5U3L5)R17U2OL17)R2OFU
Act Yr Bt: 1956 O1(D23L15U3R12U2OR3)U13L20)R20U24L10D11L10)R10U11L10)R EFF ARE.
Eff Yr Bt: 1976 20U10) SQFT RA
Depr Tabl: 11 POINTS
Func Obs%: 00 RCN
Econ Obs%: 00 AREA GR AREA PCT AJ AREA RCN RCNLD DEPR
ObsrvCond: N/A USP 400 40 160 12246 8633 OBSOL
Obsry %: 000 BAS 1220 100 1220 93379 65832 BUILDIN
FUO2 110 200 220 16839 11871
FUO1 1090 100 1090 83429 58817 BOOK PAGE
FOP 15 30 5 383 270 06450 2081
Deed Type:
03521 0278
PROPERTY NOTES : Deed Type:
PERMIT NO
NO ONE HOME, SOME FENCING DECK 000003685
ON TOP OF SCREEN PORCHES PUT
IN X-FEAT. SOME OF ROOMS HAVE
REC BLDG CODE DESC LENGTH WIDTH UNITS ADJ PRICE EYB DT PCT ADJU
1 001 SHWP Sheds Wood .00 .00 12.00 11.00 1980 F4 80
2 001 PVCP Paving Concrete .00 .00 100.00 3.95 1988 F3 79
3 001 DKWF Deck Wooden .00 .00 320.00 10.00 1986 F3 80
MIS
REC LUSE DESC ZONING FRONTAGE DEPTH UNITS TP ACRES PRICE AJ REASON AJ
1 0810 APTS <10 UNITS ARG-1 60.00 125.00 60.00 F .17 4500.00 DP 4
LAN
http://apps2.coj.net/pao/prc.asp?PRC_RENO=169600+0000&PRC BLDG=1 4/26/2004
CITY OF ATLANTIC BEACH
A f NC BUILDING AND PLANNING
V 7 800 SEMINOLE ROAD
:Y f Iy ATLANTIC BEACH,FLORIDA 32233-5445
%-' c) TELEPHONE:(904)247-5800
J —r FAX:(904)247-5845
http://ci.atlantic-beach.flus
May 04, 2004
Toni Gindlesperger
for Marjory I. Fisher
1837 Ocean Grove Drive fit ift pn
Atlantic Beach, Florida 32233
COPr
Re: Lot 4, Ocean Grove Subdivision, Unit 2
Dear Mrs. Gindlesperger:
As we have discussed, in November of 2001, the City included a provision in our Land
Development Regulations, which allows lawfully constructed duplexes, that were existing as of that
date, to be reconstructed within their existing building footprint or in compliance with applicable
setbacks for the particular Zoning District in which they are located. After consulting with the City
Attorney, it is the City's position that allowing a Two-family Dwelling (duplex) to be reconstructed
on this lot would be consistent with the intent of that provision, even though the property currently
contains a three-unit dwelling. I have attached a copy of the referenced provisions. As such, a Two-
family Dwelling (duplex) may be reconstructed on this lot in accordance with the terms of Sections
24-86 and 24-87, and subject to other applicable regulations and Florida Building Code
requirements.
I have returned (enclosed) your check and Variance application. Please feel free to contact me
at 247-5826 with any questions.
Sincerely,
Sonya Doerr, AICP
Community Development Director
Enclosures
cc: Alan Jensen, City Attorney
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-83. Required Yards and Permitted Projections into Required Yards.
(a) Required Yards. Unless otherwise specified in this Chapter, every part of a Required Yard shall be
open and unobstructed from the Finished Grade to the sky, except for Structures that do not exceed
thirty(30) inches in height.
(b) Structural Projections. Architectural features such as Eaves and Cornices, and open balconies and
porches may project a distance not to exceed forty-eight (48) inches into Required Front and Rear
Yards. Such balconies and porches may be covered, but shall not be enclosed in any manner, except
that balconies and porches within Rear Yards may be enclosed with screening only. Eaves and
Cornices only may project into Required Side Yards, but not beyond twenty-four(24) inches, or forty
(40)percent of the established Required Side Yard Setback, whichever distance is less.
(c) 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 (5) feet from
any Lot Line.
Sec. 24-84. Double Frontage Lots.
(a) Double frontage Lots. On double frontage Lots, the Required Front Yard shall be provided on each
Street,except for Lots as set forth below and as set forth in Section 24-88.
(b) Special treatment of ocean-front Lots on Beach Avenue. For these double frontage Lots having
frontage on the Atlantic Ocean, the Front Yard shall be the Yard which faces the Atlantic Ocean, and
the Required Front Yard shall be measured from the Lot Line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard Lots with double frontage. For double frontage Lots extending
between Beach Avenue and Ocean Boulevard, the Required Front Yard shall be the Yard, which
faces Ocean Boulevard.
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.
(1) Where a Lot or parcel of Land has a Lot Area or frontage that does not conform with the
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
41
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-106. Residential General, Two-family Districts. (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.
(b) Permitted Uses. The Uses permitted within the RG-1 and RG-1A Zoning Districts shall be as
follows.
(1) Single-family Dwellings.
(2) Two-family(duplex) Dwellings.
(3) Accessory Uses as set forth in Section 24-151.
(4) Townhouses, subject to compliance with Article IV, Subdivision Regulations and Section 24-87.
(5) Government Uses, Buildings and facilities.
(6) Family Day Care Homes and Group Care Homes.
(c) Uses-by-Exception. The following Uses may be approved as a Use-by-Exception within the RG-1
and RG-1A Zoning Districts.
(1) Child Care Centers.
(2) Churches.
(3) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(4) Schools and Community Centers.
(5) Home Occupations subject to the provisions of Section 24-159.
(d) Minimum Lot Size. The minimum size for Lots within the RG-1 and RG-IA Zoning Districts,
which are created after the initial effective date of these Land Development Regulations, shall be as
follows.
(1) Lot Size in the RG-1 and RG-1A Zoning Districts:
i. Single-family Dwellings: 5,000 square feet.
ii. Two-family(duplex) Dwelling or Townhouse:
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
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
51
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
(2) Lot width in the RG-1 Zoning Districts:
i. Single-family Dwellings: Fifty(50)feet.
ii. Two-family Dwelling or Townhouse: Fifty(50)feet.
(3) Lot width in the RG-1A Zoning Districts:
i. Single-family Dwellings: Fifty(50)feet.
ii. Two-family Dwelling or Townhouse: Seventy-five (75) feet
(4) Lot depth in the RG-1 and the RG-1A Zoning Districts: One hundred(100) feet.
Existing legally established Lots of Record may exist, which do not meet the above requirements,
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January 01, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
(e) Minimum Yard Requirements. The minimum Yard Requirement within the RG-1 and the RG-1A
Zoning Districts shall be as follows.
(1) Front Yard: Twenty(20) feet.
(2) Rear Yard: Twenty (20) feet.
(3) Side Yard: Combined fifteen (15)total feet and five (5)minimum feet on either side. In the case
of an existing Nonconforming Structure that does not comply with Required Side Yards, any new
Development shall provide for a combined total Side Yard of fifteen (15)total feet. For example,
where an existing Structure is located three (3) feet from the side Lot Line, new Development on
the opposite side Yard shall provide a minimum Required Side Yard of twelve (12) feet, thereby
providing for a combined total side Yard of fifteen(15) feet.
(f) Building Restrictions. The Building Restrictions for the RG-1 and the RG-1A Zoning Districts shall
be as follows.
(1) Maximum Impervious Surface: Fifty(50)percent.
(2) Maximum Building Height: Thirty-five(35)feet.
Sec. 24-107. Residential General, Multi-family. (RG-2 and RG-3)
(a) Intent. The RG-2 and RG-3 Zoning Districts are intended for development of medium to high-
density Multi-family residential areas. All Development of Land and Parcels within the RG-2 and
RG-3 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.
(b) Permitted Uses. The Uses permitted RG-2 and RG-3 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
52
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-164. Swimming Pools.
Swimming Pools and ornamental pools shall be located, designed, operated, and maintained so as to
minimize interference with any adjoining residential properties, and shall be subject to the following
provisions.
(a) Lights: Lights used to illuminate any Swimming Pool or ornamental pool shall be arranged so as not
to directly illuminate adjoining properties.
(b) Setbacks: The following setbacks shall be maintained for any Swimming Pool or ornamental pool:
(1) For Swimming Pools, the front Setback shall be the same as required for a residence located on
the Parcel where the Swimming Pool is to be constructed, provided, that in no case shall the pool
to be located closer to a front line than the Principal Building is located; except that a pool may
be located in either Yard on a double frontage Lot along the Atlantic Ocean and provided that no
pool on such Lots is located closer than five (5)feet from any Lot Line.
(2) For ornamental pools,the front Setback shall be a minimum of five(5) feet.
(3) Minimum Required Side and Rear Yard Setbacks for both Swimming Pools and ornamental pools
shall be five(5) feet from any Lot Line.
(c) Fences: All Swimming Pools and any ornamental pool with a maximum depth greater than two(2)
feet shall be enclosed by a Fence, wall or equivalent barrier at least four (4) feet in height and
designed in compliance with all applicable State and local regulations.
Sec. 24-165. Service Stations.
The following provisions shall apply to the location, design, construction, operation and maintenance of
Service Stations:
(a) Lot dimensions. A Lot containing a Service Station shall be of adequate width and depth to meet all
Setback requirements, but in no case shall a Corner Lot have less than two (2) Street frontages of at
least one hundred fifty (150) feet each and an area of at least twenty-two thousand five hundred
(22,500) square feet, and an interior Lot shall have a Street frontage of at least one hundred(100) feet
and a minimum area of fifteen thousand (15,000)square feet.
(b) Access to site. Vehicular entrances or exits for Service Stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (100) feet of Street
frontage or fraction thereof;
(2) Contain an access width along the curb line of the Street of not more than forty (40) feet as
measured parallel to the Street at its narrowest point, and not be located closer than one hundred
(100) feet from a Street intersection along any arterial or collector Street and/or closer than fifty
(50) feet from a Street intersection on a local Street or closer than ten (10) feet from adjoining
property;
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
85
1. I found a copy of her Quit-Claim Deed dated Jan. 1988 is this sufficient
for proof of ownership?
2. Survey dated Sept. 1975, no changes have been made since then, is ! / 1gv.„.„„d-
adequate ? Does it need to be sealed'? ? -'-"' 41•4 { d<-
3. Building Elevation Height? 35- e-1-41"
4. Any set back for the drive way?e rio
5. Building set back ""4"44144-1 -4-14 .Fij�
a. can open stairs extend over the line? 7.O j ""U T- h ‘��, Q
,.y
b.can open porches or roofs extend over line'? /1""'"-t
c. can a pool extend over line? vrycc�t-,L' ✓�
6. Payment by personal check?
7. Cut off date for any variance?
If you have any questions please call me. Toni Gindlesperger 904-824-3533
2
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EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-86. Special Treatment of Lawfully Existing Residential Uses Affected by Future
Amendments to the official Zoning Map or Amendments to the Land
Development Regulations
(a) Changes to the official Zoning Map. In the case where a change in Zoning District classification is
made to the official Zoning Map, any lawfully existing Two-family (Duplex) Dwelling or
Townhouse, and any related Accessory Use, which has been constructed pursuant to properly issued
Building Permits, shall be deemed a Vested Development, and any Two-family (Duplex) Dwelling or
Townhouse, and any related Accessory Use shall be considered a lawful permitted Use within the Lot
containing the Vested Development. Furthermore, an existing Two-family (Duplex) Dwelling or
Townhouse and any related Accessory Use shall, for that particular Use and Structure(s), not be
considered as a Nonconforming Use or Structure such that it may be fully replaceable in its existing
footprint. Any construction that exceeds the existing footprint shall be in compliance with all
applicable provisions of this Chapter including minimum Yard Requirements.
(b) Amendments to the Land Development Regulations. Any lawfully existing Two-family (Duplex)
Dwelling or Townhouse, and any related Accessory Use, which has been constructed pursuant to
properly issued Building Permits prior to the initial effective date of these Land Development
Regulations, shall be deemed a Vested Development, and any Two-family (Duplex) Dwelling or
Townhouse, and any related Accessory Use shall be considered a lawful permitted Use within the Lot
containing the Vested Development. Furthermore, an existing Two-family (Duplex) Dwelling or
Townhouse, and related Accessory Use shall, for that particular Use and Structure(s), not be
considered as a Nonconforming Use or Structure such that it may be fully replaceable in its existing
footprint. Any construction that exceeds the existing footprint shall be in compliance with all
applicable provisions of this Chapter including minimum Yard Requirements.
Sec. 24-87. Design and Construction Standards for Two-family (Duplex) Dwellings and
Townhouse Units
(a) Development of Two-family (Duplex) Dwellings and Townhouse Units, occurring after the initial
effective date of these Land Development Regulations, shall be allowed only where Lot Area is in
compliance with the Density limitations as set forth within the Comprehensive Plan, unless otherwise
determined to be a Vested Development in accordance with the terms of this Chapter. Within areas
designated by the Comprehensive Plan for High Density residential Development, a minimum Lot
Area of 2175 square feet shall be required for each Dwelling Unit. For areas designated as Medium
Density, a minimum Lot Area of 3100 square feet for each Dwelling Unit shall be required, and
within areas designated by the Comprehensive Plan as Low Density, a minimum Lot Area of 7250
square feet for each Dwelling Unit shall be required.
(b) Two-family and Townhouse Dwelling Units shall be separated by a firewall which shall meet the
Florida Building Code firewall separation requirements for Multi-family construction.
(c) Dwelling Units separated by an open and uncovered breezeway, elevated open walkway, or similar
type connection, shall not be considered as Two-family Dwellings or Townhouses, and shall be
required to meet regulations applicable to Single-family Dwellings. Dwelling Units attached by any
type of solid, continuous or connected roof, however, shall be considered as a Two-family Dwelling
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
44
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
or a Townhouse and shall be permitted only within those Zoning Districts where Two-family
Dwellings and Townhouses are permitted and in accordance with applicable Density limitations.
(d) Adjoining Two-family or Townhouse Dwellings Units shall be constructed of substantially the same
architectural style, colors and materials.
(e) Adjoining Two-family or Townhouse Dwellings Units shall be constructed at substantially the same
time or in a continuous sequence unless an existing Structure is being renovated within the same
Building footprint.
Sec. 24-88. Garage Apartments (as allowed in combination with Private Garages).
In any residential Zoning District, where a Lot has a width of fifty (50) feet or more and extends from
Street to Street (or Street to Ocean front in the case of ocean-front Lots), a single Garage Apartment in
combination with a Private Garage may be constructed on such double frontage Lots (See Section 24-84.)
subject to the following provisions.
(a) The Structure containing the Private Garage and the Garage Apartment shall not exceed twenty-five
(25)feet in height.
(b) The total Floor Area of the Structure containing the Private Garage and the Garage Apartment shall
not exceed seventy-five(75)percent of the heated and cooled area of the Principal Dwelling.
(c) There shall be not less than twenty (20) feet between the Principal Dwelling and the Structure
containing the Private Garage and the Garage Apartment.
(d) The Use restrictions and the minimum Yard requirements that apply to the Principal Dwelling shall
also apply the Structure containing the Private Garage and the Garage Apartment.
(e) A Garage Apartment shall not be leased or rented for less than ninety(90)consecutive days.
(f) A Structure containing a Private Garage and a Garage Apartment shall remain in joint ownership with
the Principal Dwelling and shall not be subdivided from the Lot on which the Principal Structure is
located.
(g) Any existing Structure containing a Private Garage and Garage Apartment that is encroaching into the
public Right-of-way shall not be rebuilt, enlarged, remodeled or structurally altered unless such
encroachment is removed from the Right-of-way. A Private Garage and Garage Apartment, which
does not encroach into the Street Right-of-way, may be rebuilt, remodeled or structurally altered
within the existing footprint, or in compliance with applicable minimum Yard Requirements,
provided that the maximum Height of Building shall not be exceeded and subject to applicable
permitting requirements.
(h) Development of Garage Apartments occurring after the initial effective date of these Land
Development Regulations shall be consistent with the Density limitations as set forth within the
adopted Comprehensive Plan, as may be amended.
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
45
Is, TONI GINDLESPERGER GUARDIAN FOR 6454
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Doerr, Sonya
From: Toni Gindlesperger[tonig@aug.com]
Sent: Monday, April 26, 2004 4:09 PM
To: Doerr, Sonya
Subject: RE: Application for variance
Ms. Doerr, The neighborhood has quite a few duplexes on it now. Can I apply
for a two family or duplex zoning? I would like to tear down and rebuild a
two family or duplex on the site. I can keep the requirements on the set
backs, not using over 50% of land coverage and the max. 35' height. I do not
want to loose the right she has had all this time or value of the property
just because of a residential density limitation law. Please advise me.
Thank you, Toni Gindlesperger
Original Message
From: Doerr, Sonya [mailto:sdoerr@ci.atlantic-beach.fl.us]
Sent: Monday, April 26, 2004 3:09 PM
To: Toni Gindlesperger
Subject: RE: Application for variance
Ms. Gindlesperger-
Your mother's property(RE Number 169600 0000) is currently occupied by
Non-conforming use. The property is zoned (and has been since it became
part of the City of Atlantic Beach) RG-1, which is a single-family and
two-family Zoning District, dependent upon sufficient lot size to permit a
duplex. I am advised by our Building Official that a tri-plex existed on
the lot when annexed in 1976, and tax records are consistent with that
information. Our land development regulations, and the Florida Building
Code, allow for the existing tri-plex to be maintained and repaired, but if
more than 50% of the value of the building is destroyed or demolished, then
all new construction must comply with the City's Comprehensive Plan, land
development regulations and Florida Building Code requirements.
You have requested information related to a Variance, but the Zoning
Variance procedure cannot be used to reduce required lot size or to change
permitted uses within a Zoning District.
Sonya Doerr, AICP
Community Development Director
800 Seminole Road
City of Atlantic Beach, Florida 32233
904 247-5826 Phone
904 247-5805 FAX
Original Message
From: Toni Gindlesperger[mailto:tonig@aug.com]
Sent: Monday, April 26, 2004 12:57 PM
To: Doerr, Sonya
Subject: Application for variance
Ms. Doerr,
I need a little direction and or help. I would like to apply to keep the
triplex dwelling status and or anything else I might need.
The residence is 1837a, 1837b and 1835 Ocean Grove Drive Atlantic Beach.
Marjory I Fisher is the owner. I am her daughter and legal guardian.
1