981 Sailfish Drive Shed Denial 2007 CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
y�J`J✓"/v�. ATLANTIC BEACH,FLORIDA 32233-5445
JAS
1411. TELEPHONE: (904)247-5826
ss1 FAX: (904)247-5845
www.coab.us
0-11,19
May 25, 2007
Rena Koenig
981 Sailfish Drive
Atlantic Beach, Florida 32233
Re: Denied Building Permit for storage shed at 981 Sailfish Drive
Dear Ms. Koenig:
I am advised that you have continued to call City staff regarding your Building Permit
application to place a storage building on your property,which was denied because the shed does
not meet City regulations for such buildings. I am again providing a copy of the regulations
related to storage buildings. As I have informed you numerous times, no City staff person,
including the City Manager, can issue a permit to approve this shed. We have spent a great deal
of time attempting to explain this to you. You and your property are being treated no differently
than any homeowner or any residential lot in the City. The size and height limit and placement
requirements apply equally to every residential lot in the City.
The Finance Director informed me that you questioned him about the CDBG funds used to clean
your property and renovate your house in 2004. Denial of your Building Permit is in no way
related to that activity. If you refer back to the Rehabilitation Agreement you signed at that time,
you will see that the cost for the rehab work is reduced by 10% each year, so that at the end of
ten years you pay nothing back to the City. If you sell your house during that ten-year time
period, you would then be required to repay the pro-rated amount of the loan at closing. So long
as you continue to own and live in your house,however,no repayment of funds is required.
Sincerely,
,j ei-00-e/0—
Sonya Doerr, AICP
Community Development Director
Enclosure
cc: Jim Hanson, City Manager
Dave Hufstetler, Building Official
Alex Sherrer, Code Enforcement Officer
DIVISION 7. SUPPLEMENTARY REGULATIONS
Sec. 24-151. Accessory Uses and Structures.
(a) Authorization. Accessory Uses and Structures are permitted within any Zoning District, as set forth
within this Section,where the Accessory Uses or Structures are clearly ancillary, in connection with,
and incidental to the Principal Use allowed within the particular Zoning District. Any permanently
located Structure, including porches, decks and deck railings and the like, which exceed thirty (30)
• inches in height, also including those which may not require a Building Permit, are subject to
applicable Yard requirements and the provisions of this Section.Any Accessory Structure, if allowed
to deteriorate to an unsafe, deteriorated or unsightly appearance, shall be repaired or removed upon
order of the City,and shall become subject to Code Enforcement action for failure to comply.
(b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be permitted
only within Zoning Districts as set forth within this Division.
(1) Within all residential Zoning Districts:
i. Antenna Structures for television and radio,but not microwave relay or commercial transmission
Structures, television and radio antennas of the customary size and design shall not count as
Accessory Structures for the purpose of determining the number of such Structures,provided that
only one such Structure is permitted per residence.
ii. Children's playhouse and/or juvenile play equipment, provided such shall not be permanently
located within Required Front Yards.
iii. Guest House or Guest Quarters, provided that such are used only for intermittent and temporary
occupancy by a non-paying guest or family member of the occupant of the primary residence. A
Guest House or Guest Quarters shall not be rented for any period of time and shall not contain a
Kitchen, but may contain a Kitchenette as defined herein. Further, a Guest House or Guest
Quarters shall not be used as,or converted to a Dwelling Unit. A detached Guest House shall not
exceed the number of Buildings allowed on a Lot as set forth within Section 24-82 (b) and shall
be a minimum distance of ten(10)feet from the Principal Building.
iv. Detached Private Garages and carports, not to exceed six hundred (600) square feet of Lot Area
and fifteen (15) feet in height, except in accordance with Section 24-88 or the provisions of the
following paragraph. Only one detached Private Garage or carport shall be allowed on any single
residential Lot, and such Structures shall comply with applicable Side Yard requirements and
shall be a minimum distance of ten(10)feet from the rear Lot Line.
Detached Private Garages, not to exceed six hundred (600) square feet of Lot Area may be
constructed to a height of twenty-five (25) feet provided that such Structures shall comply with
applicable Side Yard requirements and shall be a minimum distance of fifteen(15) feet from the
rear Lot Line.
A detached Private Garage shall be a minimum distance of ten (10) feet from the Principal
Building.
Initial Effective Date: January 01,2002 Last amended April 23,2007
adopted by Ordinance Number 90-01-173 by Ordinance 90-07-199
75
v. Gazebos and similar Structures,not to exceed 150 square feet and ten(10)feet in height for a flat
roof or twelve(12)feet in height for a peaked roof; and a minimum distance of five(5) feet from
the rear and side Lot Lines.
vi. Private Swimming Pools in accordance with Section 24-164.
vii. Home Office(but not a Home Occupation).
viii.Private ball courts and other similar private recreational Uses.
ix. Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or
constructed in fixed locations and made of wood, block, concrete or similar materials,
provided that these are not located within Required Front Yards or the Street Side Yards on a
Corner Lot. Due to excessive noise, which may result from the use of such ramps, time of
use shall be limited to the hours between 9:00am and 10:00pm. Such ramps shall be
maintained in a safe and good condition, and shall be disassembled and removed from the
property if allowed to deteriorate to an unsafe or unsightly appearance.
x. Storage and tool sheds, not to exceed 150 square feet and ten feet in height for a flat roof or
twelve feet in height for a peaked roof. Only one detached storage or tool shed shall be
allowed on any single residential Lot, and such Structures shall comply with applicable Side
Yard requirements and shall be a minimum distance of ten(10)feet from the rear Lot Line.
xi. Screened enclosures and pool cages with screened roofs or similar non-structural roofs such
as awnings and the like, not to exceed 600 square feet and fifteen (15) feet in height and
located a minimum of five (5) feet from any side or rear Lot Line. Such detached screened
enclosures shall not be allowed in Required Front Yards.
xii. Dog houses not to exceed five(5)square feet and five(5)feet in height.
xiii.Personal pets, limited to those animals customarily considered as pets, and kept only on the
same premises of the occupant(s)of the residential Principal Building.
(2) In any Zoning District; except as to private Swimming Pools: All Accessory Uses and
Structures shall comply with the Use limitations applicable to the Zoning District in
which they are located.
i. Unless otherwise specified within this Section,all Accessory Structures shall comply with the
Land Development Regulations,including the minimum Yard Requirements applicable to the
Zoning District in which they are located.
ii. Unless otherwise specified within this Section, Accessory Uses and Structures shall not be
located within Required Front Yards and shall not be closer than five (5) feet from any Lot
Line.
iii. No Accessory Structure shall be used as a residence, temporarily or permanently, except in
accordance with Section 24-88, and no Accessory Structure shall be used for any commercial
or business purposes unless approved as a Home Occupation in accordance with the
provisions of Section 24-159 of this Chapter.
iv. Accessory Structures shall not be more than fifteen(15) feet in height, except in accordance
with Section 24-88 or preceding paragraph (b) (1) iv. Space within an Accessory Structure
shall not be leased or used for any Use, activity or purpose other than those typically
incidental to the Use of the Principal Building.
Initial Effective Date: January 01,2002 Last amended April 23,2007
adopted by Ordinance Number 90-01-173 by Ordinance 90-07-199
76