1771 Beach Avenue VARIANCE 11.03.1992 (Hawkes) PLEASE TYPE OR PRINT IN INK
APPLICATION FEE $S0.0�
APPLICATION FOR VARIANCE ----
DATE FILED: v Gi
11)7 TITTIP
31992 4-0
TO REQUEST A VARIANCE FROM THE REGULATIONS INDICATED HEREIN, BECAUSE T E E
ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN CAR fitil ,O ,T f," 1 Zoning
STRICT LETTER OF THE CODE OR ORDINANCE THE UNDERSIGNED HEREBY APPLIES FOR
A VARIANCE AS FOLLOWS:
Name and address of applicant requesting variance: Note: If the applicant
is other than all the owners of the property, written consent signed by all
the owners of the property shall be attached:
C \A5 fu ) ' . S. PHONE •
Vic cI & A . H VCKSS work: G '- q - 9d' f /
Home: Li 9- 5 a 7
Variance is sought from the provisions of the:
96
Zoning Code ( ) Building Code ( ) Plumbing Code
( ) Electrical Code ( ) Mechanical Code ( ) Other
Location of building or structure:
On the W L' S"I side of t3e t c H A V G AD O t;r 17-r B& ets 4Ut
n s e or w street
(We think 1772 would be in the rear of 1771 Beach Ave. )
Street address and legal description of property: Note: Attach copy of
deed, and survey or plot diagram indicating proposed construction.
Legal: Pt Lot Recd 0/R Bk 3098-721
(Rear of 1771 Beach Ave . )
Zoning Classification: p6
Section of Code from which variance is sought:
Describe variance requested: To build a retirement garage apt. where we
can live our remaining years on our small retirement pension.
We have been taxed out of our big oceanfront home .
The reason variance is being sought:
To build a retirement garage apt. where we
can live our remaining years on our small retirement pension.
We have been taxed out of our big oceanfront home .
Supporting data which should be considered by the Board:
Are construction plans submitted with this application?
Yes
•
s , iWAL.
Whdt is the applicant 's interest in this variance?
To build a retirement garage apt. where we can live our remaining
years on our smaII retirement pSnffic3fi7-- e-have-been-taxes-amt-af
our big oceanrront Home.
IN FILING THIS APPLICATION FOR VARIANCE, THE UNDERSIGNED UNDERSTANDS I
BECOMES A PART OF THE OFFICIAL RECORDS OF THE COMMUNITY DEVELOPMENT BOAR
AND DOES HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS TRUE T
THE BEST OF HIS`/�H',�EER KNOWLEDGE.
f.,2-1a1/0^-4-C-A-L,L
r:j---Acv--/-c-L 4-'°1-411-14-"1 kfl-9A14"--
Sign t� ure of applicant/applicant's Signitre of owner of thero ert
authorized agent or attorney. Ifn p p
agent or attorney, include letter without towners casignature.
nnot be procesBe
from applicant to that effect.
Applicant: Do not fill-in beyond this point. However, be prepared t(
respond to the following items:
YES NO
1. Special conditions and circumstances exist which are
peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures
or buildings in the same zoning district.
2. The special conditions and circumstances do not
result from the actions of the applicant.
3. Granting the variance requested will not confer on
the applicant any special privilege that is denied by
the code to other lands, buildings or structures in the
same zoning district.
4. Literal interpretation of the provisions of the code
would deprive the applicant of rights commonly enjoyed
by other properties in the same zoning district and
would work unnecessary and undue hardship on the
applicant.
S. The variance is the minimum variance that will make
possible the reasonable use of the land, building or
structure.
6. The variance is in harmony with the general intent
and purpose of the code.
7. The variance will not constitute any change in the
districts shown on the zoning map.
8. The variance will not impair an adequate supply of
light and air to adjacent property.
9. . The variance will not materially increase the
congestion in public streets or increase the public
danger of fire and safety.
10. The variance will not materially diminish or impair
established property values within the surrounding area.
11. The variance will not impair the health, safety,
morals and general welfare.
COMMUNITY DEVELOPMENT BOARD REPORT AND ACTIONS:
1. HAWK° ,�REALTOR. T NSEND s .
o� REALTOR
g.00 - .a s
TOWNSEND D. HAWKES
Presidrnt BEACH REAL ESTATE • INSURANCE Serving the Beaches
500 North Third Street - P.O. Box 51307 Since 1934
Jacksonville Beach, Florida 32250
Telephone (904) 249-9011
Nov. 2 , 1992
Atlantic Beach Community Development Board
800 Seminole Road
Atlantic Beach, FL 32233
Attn: Mr. George Worley, City Planner
Gentlemen: Re: Pt Lot Recd 0/R Bk 3098-721
Rear of 1771 Beach Ave.
Recently I asked a mortgage broker, one Robert Tipton of Florida
Home Equity Mortgage Brokers, for a small loan on the above lot in
the rear of my residence at 1771 Beach Ave . , and after an investi-
gation at your City Hall, he discovered that the zoning had been
changed on this lot so it can be used only as a flower bed or
possibly for parking cars.
When I purchased the property early in 1970 I understood that this
lot was zoned for a garage for the front house should we decide
that we needed more garage space , which we do .
The same principle that the oceanfront owners are going to sue in
Federal Court against the State of Florida for partly "taking" their
homes through defacto condemnation applies here and, of course , the
supreme Court of South Carolina in a similar suit ruled that when
the State or City rezones a property so it cannot be used for the
purpose for which it was originally bought, this , indeed, is a
"taking" and must be paid exactly as a condemnation taking.
I fix my loss at $50 ,000 through the action of the City in changing
the zoning and this is the settlement I would expect from the City
for rendering my lot unbuildable. Of course , you realize that three
new garage apartments have been constructed within the last two
years adjoining, or almost adjoining, my property on similar sized
lots.
Very truly yours,
TOWNSEND WKE.. <A4411.1"
TH/vh
—Member—
JACKSONVILLE BEACH REALTORS ASSOCIATION Past Twice President
MULTIPLE LISTING SERVICE OF JACKSONVILLE BEACHES JACKSONVILLE BEACHESREALTORS ASSSOCIATION
FLORIDA REALTORS ASSOCIATION
NATIONAL ASSOCIATION OF REALTORS Past President
FLORIDA ASSOCIATION OF MORTGAGE BROKERS JACKSONVILLE BEACHES INSURORS ASSSOCIATION
1` • DE\J 4:LC 11RCiWC•� d l
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N o V `l
• CITY OF " 4 3
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1 agaz Veacl - i��?oledet,"--- l`(0 0 \{1��A o�.� ev c
` \ 800 SEMINOLE ROAD
__________--- ATLANTIC BEACH,FLORIDA 32233-5445
tiY P TELEPHONE(904)247-5800
• • .j. FAX(904)247.5805
August 19, 1992
1 .
Mr. Townsend Hawkes
500 North Third Street
Jacksonville, FL 32250
re: Pt Lot Recd O/R Book 3098-721 .
50 x 50 lot west of 1771 Beach Ave.
Dear Mr. Hawkes,
We are in receipt of your letter dated August 1 , 1992,
regarding the above referenced lot. Research into the history
of the subject lot reveals several points which effect your
claim and which present courses of action other than a possibly
protracted and costly lawsuit attempting to prove a "Taking" .
'' Regarding the Zoning and permitted uses of
your nonconforming
lot, you should be aware that the applicable zoning is RG-1 .
This classification requires a minimum lot size of 50 x 109,
with setback requirements of 20 feet in front and rear, and a
• minimum of 5 feet, total of 15 feet for the two sides. The
City of Atlantic Beach has provisions in its Zoning Code that
allow property owners to apply for dimensional "Variances" if a
hardship exists which precludethem from complying with code
requirements.
The lots on the west side of Beach Avenue between 17th Street
and 18th Street were originally platted for the expressed
purpose of providing additional parking for the lots on the
east side of Beach Avenue. This unusual procedure was done
many years prior to annexation of the area by Atlantic Beach.
Since that original platting, there have been seven structures
built on these lots. Of the seven, four combined these lots
with larger lots to the west, two applied for and received
variances of one kind or another, and one pre-dates the
annexation and no records are available on it. .
Given the above- conditions and history, we recommend that you •
make application to the Community Development Board requesting
a Variance to the minimum lot :.size and •setback requirements for
the purpose of constructing a private garage on the lot.
Applications are , available from the Building and Zoning
Department at City Hall .
If you desire any further information or clarification, or
assistance with an application ' for Variance, please ' do not
hesitate to contact the Building and Zoning Department at City
Hall or by telephone at -247-5826 .
Sincerely, -
/9> ja 1/7'
George Worley,
City Planner
cc: Mayor and Commissioners
Kim Leinbach, City Manager
Alan Jensen, City Attorney
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