88 Ocean Boulevard 15-ZVAR-1035 Application9
APPLICATION FOR A VARIANCE
City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5845 http://wii�ice`coab.us 10
f _ I A
Date % p?,t l.. , 2 i s File No.
2. Applicant's Address `� 5 ATS, 1�,� i i C i_Ly - } l �T -� 1 j-1 C� k
3. Property Location�C L'a" r 1.r�1► 1�^y
4. Property Appraiser's Real Estate Number �7o 2 22G
5. Current Zoning Classification A06 �-ffi- 6. Comprehensive Plan Future Land Use designation
7. Provision from which Variance is requested
f1C d� 1, �3
� ' � � �C➢ l �izr i i���t C �r` ti��`�Zl}C�1 C:u� S' iJI S "L Awri =AMA 1
S. Size of Parcel j1 �L. r! PC):WN �VIi�L.L y i\.1� S �Z_ �L%G�i�1 �;C•,
9. Homeowner'sAssociation or Architectural Review Committee approval required for the proposed construction.
_
❑Yes ATo (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 owners) 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 Ilx17 inches are submitted. Please provide eight (8) copies of any such documents
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS
APPLICATION IS
CORRECT:
Signature of owner(s)
or authorized person if owner's authorization form is attached:
Printed or typed name(s):
Signat
ure(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPLICATION
Name: IYLLAl ►' s F "t v�t At rh=j? e'1
Mailing Address:
Phone: T��c� ��,� �•(a "�' FAX:
E-mail: ���1'� c�.{�►.�d
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 properly disparately from nearby properties.
❑ (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in
the area.
(4) onerous effect of regulations enacted after platting or after development of the properly 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 Varian
ce 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 Varian
ce. 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.
ORDERED BY:
The Law Offices of Rod Schloth
2187 S Third St
Jacksonville Bch, FL 32250
904-372-9351
beachavrod-law com
.�:
tee.
PROPERTY ADDRESS: 88 OCEAN BOULEVARD ATLANTIC BEACH, FLORIDA 32233
FIELD WORK DATE: :rorzc,3 REVISION DATE(5): to vo inofz013I
FL1304.0795
BOUNDARY SURVEY
DUVALCOUNTY
TABLE:
L- 1 5 00000'00"
W
26.00'
(P)
5 00003'06'W
25,93'(M)
L-2 N 00000'00"
W
26.00'
(P)
N 000 10'57"
W
25,90'(M)
g REMAINDER OF
LOT 6
BLK 34
I/2 PIPc I N 0 (NOT INCLUDED)
u O LBM3G72 , )0 5 89°53' 15" E 106.09' (M)
5 90°00'00" E 106.00' (P)
PARnr wk
IT O 2 IFFF °N THE 50UTH 112 OF GE.5'
OPF LOT 6
a ru 3 a BLK 34
y L inl 3 STIFF
NRd5 /88 I ^•'
m 20.9. 35.0 Tf° 9S 21.-
um I.0OIT 1 a
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I/2 -PIP I aO `03 d0
NO ID q d N 90000'00" W 106.00' (P)
G) I N 89'52' 17" W 105.99' (M)
LOT 7
ELK 34
I hereby certify that thi €isA of Uj)(g1' of�fie a on described property has
been made under my I on f�9ie best of knovAedge and belie(, itis
a true and accurate rap e� 'o Q�/s(irvey that m is the minimumtechnipl
standards set forth by a r6�ess�q al Land Surveyors as
described in Chapter �7 of fbe�A��Fpdminis l ve Code,
tns PCORIOA �=
J�Oy1t
SUR 10 g
Wesley B. Haas
Sot:e of Flcdda Profedslcrul Suneyorand Masmi,
Licanse No. 3708
0
SURVEY NUMBER: FL1304.0795
I/2' FIPC
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30' 20 1O' 0 15' 30'
GRAPHIC SCALE
I Inch = 30 feet
Use of This Survey for Purposes other than Intended, Without Written Vedfrcation, will be at the Useres Sole Risk and Withou[ Liability to the Surveyor.
Nothing hereon shall beGonnrucd to Give ANY Rightz or 8rnefits to Anyone Other than those Certified.
FLOOD INFORMATION:
BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING
MUNIGPALITY OR W W W.FEMA.GOV, THE PROPERTY
APPEARS TOB E
LOCATED IN ZONE X THIS PROPERTY WAS FOUND IN CIN OF
ATLANTIC BEACH, COMMUNITY NUMBER 120075, DATED 04/17/89,
CLIENT NUMBER: R513-1340 DATE: 4/10/2013
BUYER: DAVID A DOWARD
SELLER: VINCENT R FEP,RIGNO, JR
CERTIFIED TO: DAVID A DOWARD; THE LAW OFFICES OF ROD
SCHLOTH, PA; OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY; SUNTRUST MORTGAGE, INC
This is page 1 of Z and is not valid without all pages.
s
AFFILIATE
MEMBERS
Land Surve ors, �nC. wwwsu 866MM7 rs.com
Y P 866.735-1916• F866-744-2882
LB 7337 12220 Towne Lake Drive, SUite 55 • FL Myers, FL 33913
REPORT OF SURVEY FL1304.0795
This is page 2 of 2 and is not valid without all pages.
LEGAL DESCRIPTION:
THE SOUTH 1/2 OF LOT 6, BLOCK 34, PLAT NO. 1, SUBDIVISION "A", ATLANTIC BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 5, PAGE 69, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
JOB SPECIFIC SURVEYOR NOTES:
THE ASSUMED BEARING REFERENCE OF SOUTH 00°00'00" WEST IS BASED ON THE WESTERLY RIGHT-OF-WAY LINE OF OCEAN BOULEVARD,
LOCATED WITHIN PLAT NO, 1, SUBDIVISION A. ATLANTIC BEACH, AS RECORDED IN PLAT BOOK S. PAGE 69, OFTHE PUBLIC RECORDS OF
DUVAL COUNTY, FLORIDA.
GENERAL SURVEYOR NOTES:
1, The Legal Description used to perform this survey was supplied by others.This survey does not determine or imply ownership.
2. This survey only shows improvements found above ground. Underground footings, utilities and encroachments are not looted on this survey map.
3. If there is a septic tank or drain field shown on this survey, the location is approximate, and was determined by visual above ground inspection only, and cannot be
relied on for accuracy.
4. This survey is exclusively for the use of the parties to whom it is certified,
5. Additions or deletions to this survey map and report by other than the signing parry or parties is prohibited without written consent of the signing
party or parties.
6. Dimensions are in feet and decimals thereof.
7. Due to varying construction standards, house dimensions are approximate.
8. Any FEMA Rood zone data contained on this survey is for informational purposes only. Research to obtain such data was performed at www.fema.gov.
9. All comers marked as set are at a minimum a l4Ciameter,l8"iron rebar with a cap stamped 1.807337.
10. If you are reading this survey in an electronic forna4 the information contained on this document in only valid if this document is electronically signed as specified in
Chapter 5.1-17,062 (3) of the Florida Administrative Code, The Electronic Signature File related to this document is prominently displayed on the Invoice for this survey which is
sent under separate cover. Manually signed and sealed logs of all survey signature files are kept in the office of the performing surveyor. If this document is in paper format,
it is not valid without the signature and original raised seal of a Florida Licensed Surveyor.
11, Unless otherwise noted, an examination of the abstract of title was NOT performed by the signing surveyor to determine which instruments, if arty, are affecting this property.
12. The symbols reflected in the legend and on this survey may have been enlarged or reduced for clarity. The symbols have been plotted at the center of the field
location, and may not represent the actual shape or size of the feature.
13. Points of Interest (POI'S) are selected aboveground Improvements which may be In conflict with boundary, building setback or easement lines,
as defined by the parameters of this survey.There may be additional P01's which are not shown, not called-out as POI'S, or which are otherwise
unknown to the surveyor. These 1301's may not represent all Items of interest to the viewer.
14, Utilities shown on the subject property may or may not indicate the existence of recorded or unrecorded utility easements.
15. The information contained on this survey has been performed exclusively, and is the sole responsibility, of Exacta Surveyors Additional logo or references to third parry firms are for
informational purposes only.
EMERY
LEGEND:
5URVEYORH5 LEGEND
COMMUNE AC ARCONDMONING ID. IDENTIFICATION SEW, 51:04R
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ELECTRONIC SIGNATURE:
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Exacta Land Surveyors, Inc.
LBa]33]
www.surveystars.com
P 866-735-1916 • F 866-744-2882
-
112220 Towne
Lake Drive, Suite 55 • FL Myers, FL 33913
Prepared by:
The Law Offices of Rod Schloth, P.A,
2187 South Third Street
Jacksonville Beach Florida 32250
File #: RS134340
Record and return to:
David A. Doward
88 Ocean Boulevard
Atlantic Beach, Florida 32233
Doc b er?_013104_33. OR 8K Ie3
ages _ -3 =age 91'.
Nt,m. C
Recorded 04: 23 2013 at 0954
Ronnie Fussell CLER
Pi TY K CIRCUIT COURT DU'v'._.L
COU
RECORDING Si3.50
DEED DCC ST 33343.00
General Warranty Deed
Made this April 19, 2013 A.D. By Vincent R Ferrigno, Jr. and Linda Ferrigno, husUand and wife, whose address is: 828 Baisden
Road, Jacksonville, Florida 32218, hereinafter called the grantor, to David A. Doward, whose address is: 88 Ocean Boulevard, Atlantic
Beach, Florida 32233 , hereinafter called the grantee:
(Whenever used herein the term "grantor" and "arantec" include all the parties to this instrument and the heirs-, Icgal representatives and assigns of
individuals, and the succusors and assigns o(corporntions)
Wifiesseth, that the °cantor, for and in consideration of the sum of Five Hundred Forty Nine Thousand dollars & no cents.
(8449,000.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain land situate in Duval County, Florida, viz:
The South I/2 of Lot 6, Block 34, Plat No. 1, Subdivision "A" Atlantic Beach, a subdivision according to
the plat thereof recorded at Plat Book 5 page 69, in the Public Records of Duva] County, Florida.
Parcel ID Number:
Together with all the tenements, hereditaments and appurtenances thereto belongine or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor
has good right and lawful authority to sell and convey said land; that the �ran[or hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing
subsequent to December 31, 2013,
DECD Individual Warranty Decd -Legal on (:ace
Closcri Choice
In Witness Whereof, the said grantor has signed and scaled these presents the day and year first above %wittcn.
Signed, sealed and delivered in our presence:
r Address
Witness Pnntcd Name B1_ 9Q S49jgAQ r}Sn
Witness Printcd NamcMl?. ca j
State of Florida
County of Dtjiai,
The tioregoing instnnrtent was acknowledged before me this
known to me or who has aroduced F L n i_ _ a_vd
In
,aur'y,
o��wr °,;",, JATIN KANJI
r' Notary Public - State of Florida
3s ; My Comm Expires Jan 31, 2015
e%` Commission # EE 60208
Addrets
S�$ ,(3cL15I1 'r%.o`d
� Ci.c KSo n u i I ► �e,� FL 3 Lza 18
day of April 2013, by Linda Fcrrigno, his wife, who is/arc personally
tion.
grantor iters signd sealed thtxe
Signed, sealed and delivered in our presence:
Print
�L
C
My Commission Ezpires: I � �t , 2G1
Witness Printed None— _ tt�Q'� S�-p,�hpn_enn 'y�r�-.
Wiul= PrintLwamc�r,l (F
State of Flori
da
County of Duval
and yS:� fiJst above written.
Thc foregoing instrument tiers acknowledged before me this 1 Rth day of April, 2013, by Vincent R. Fcrrigno, Jr. ,her husband, v�ho is/arc
personally known to me or who has produced rl._ (� a;
c<�,Rrn`O�"= JATINKANJI
• n'
• =Notary Public - State of Florida
• oz v`;; My Comm. Expires Jan 31, 2015
Commission s EE 60208
DEED individual tVananty Decd -Legal on Face
Clrzuri Chaitt
My Commission Ezpires: Gl f i` C Zc t C
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Additional Comments:
Variance Application
Property: 88 Ocean Boulevard
Owner: Dr. David Doward
The following is a history of events leading to the Variance application:
1. The two -unit townhouse at 88 & 90 Ocean Boulevard was constructed
Dy Fasenelli Construction in 2006. The building has two 3 -bedroom
residential units separated by an 8 -inch concrete masonry unit (CMU)
wall. Structural roof framing consists of pre-engineered wood trusses
bearing on wood stud framed walls and the CMU interior demising wall
between the units. Exterior walls were clad with Portland cement plaster
(stucco).
2. August 27, 2012: Stucco failure on the building was documented by
Alta Engineering in a report to owners.
3. April 19, 2013 Dr. David Doward purchased Unit #88.
4. Immediately after purchasing the property Dr. Doward, unaware of
the extent of the water problems, hired Bosco Custom Homes to replace
his roof since it appeared to be leaking. The contractor was also going
to do some minor exterior repairs to the walls.
5. During the course of the exterior repairs, it was revealed that the
building had extensive water damage, which produced black mold
behind all the walls. The building was a health hazard and could not be
occupied by the new owner until it was repaired. Investigation into the
extent of the water intrusion by Bosco Construction revealed that 85% of
the OSB wall sheathing; framing and batt insulation was black with mold
with rotten wood behind the stucco cladding. The OSB sheathing was
crumbling and could no longer structurally support the existing stucco.
The integrity of the waterproofing membrane on the exterior of the wall
sheathing could not be repaired from the interior. All of the stucco &
wall framing would need to be removed and replaced. The decision to
reinstall a stucco system was made by the contractor without obtaining
any input from an engineer.
6. July 24, 2013: Bosco Custom Homes obtained a siding permit 4-b
13-
00003107) from the City of Atlantic Beach to remove and replace all
stucco and OSB board. Most of the OSB was replaced with new V2 -inch
1
tHICK plywood, a weather resistant barrier (Carlisle self -adhered
membrane), paperback lath and stucco accessories.
7. August 14, 2013: the original windows had fogged up and were
replaced as part of a separate interior renovation permit (# 13-00003187)
obtained by Bosco Custom Homes.
8. Prior to the installation of the stucco finish, it was determined that the
building was leaking every time it rained. Dr. Doward and Bosco mutually
agreed to part ways.
9. December, 2014: The owner hired Kenneth Loefgren, P.E. RRC
Engineer and Roofing and Building Enclosure Consultant, to assess the
roofing and wall cladding systems that continued to leak. For the stucco
cladding system, several deficiencies were identified in Loefgren's report
dated 2/4/2014 including failures to install flashing and stucco
accessories according to minimum building code requirements. The
report was an assessment of existing conditions and did not provide
specific detailed repair specifications. Report recommended
replacement of existing stucco, WRB, lath and accessories, and flashing
with "stucco over a drainage system."
10. Stucco cladding systems have had a poor performance history
especially over wood framed wall construction like this building. Stucco
cladding systems over wood framed walls do not have drainage planes
between the stucco and the wall sheathing so water tends to
accumulate inside the wall cladding assembly rather than draining and
drying out. Based on performance history of property, we needed to use
a material with better performance than stucco. Engineer determined
that the best solution for the water intrusion problems would be to create
a drain plane behind the building cladding material like siding over
vertical furring strips. This 1 '/2" wall cavity would allow air to dry out any
water that penetrated the siding and gravity would provide positive
unobstructed drainage path along the surface of the weather resistant
barrier.
11. The engineer recommended NOT using a stucco system again
because of its high probability of failure. It seems to be very difficult to
get stucco contractors to install per code and ASTM requirements. The
wrong building envelope system (stucco) has been tried 2 times and
failed 2 times.
2
Lap siding, a traditional material used in Atlantic Beach, was selected by
the Architect as the finish to resolve the inherent problems with the
building's construction.
Unaware of the zoning ordinance, a graceful connection to the adjacent
unit was planned with the understanding that landscaping would hide the
joints between the materials that would be planted at the completion of
construction. The lap siding was designed with a mitered corner. This
more expensive method of installation was selected to eliminate a vertical
line of a corner board in order to try to better connect with the adjacent
stucco finish.
Changes and upgrades made to the property will increase property
values, fit into the aesthetic environment of the community and increase,
not decrease, the beauty of the community in general.
12. September 13, 2104: Architect and Engineer completed detailed
construction drawings and specifications with siding and wall flashing
details.
13. September, 2014: The drawings were brought to the Atlantic Beach
Building Department by the Owner's new contractor, K.B. & Company,
Inc. and Architect Catherine Duncan for review and permit.. They were
told the project already had an active permit and didn't need to submit
drawings for review.
14. October, 2014: New contractor proceeded with re -installation of
windows and construction of siding.
15. April 7, 2015: Contractor receives a phone call that a Zoning violation
has been made because the lap siding does not match the stucco of the
adjacent townhouse.
Conclusion:
In conclusion, the wrong building envelope system (stucco) has been tried
2 times and failed 2 times. An engineer has recommended NOT to use
stucco system again because of the high probability of failure. The
Ordinance is only about appearance not building science or
performance. It seems that the Ordinance was not written to perpetuate
a mistake. None of the grounds for denying the Variance set forth in
Section. 24-65(c) exists. Grounds to deny a Variance include a material
adverse impact upon established property values, the aesthetic
environment of the community, and the general health (no mold),
3
welfare and beauty of the community. The granting of the Variance will
not have a material adverse impact on any of these issues.
Additionally, two independent grounds exist to support the granting of a
Variance. Specifically, Section 24-65 (d) (2) permits a Variance to be
granted based upon "surrounding conditions or circumstance impacting
the property disparately from nearby properties." The circumstances
impacting the property disparately from nearby properties is the use of
the wrong type of cladding system (stucco) in the construction of the
building, which is a construction defect. Moreover, the nearby properties
Jo not have construction defects and have not experienced the severe
water intrusion issues that this building has experienced.
Likewise, Section 24-65(d) (3) permits a Variance to be granted based
upon "exceptional circumstances preventing the reasonable use of the
property compared to other properties in the area." Again the
exceptional circumstances are the initial use of the wrong cladding
system (stucco) on the building, construction defects, severe water
intrusion and high probability of future water intrusion if a stucco system is
once again installed. The reasonable use of the property, which is being
prevented, is Doward's ability to install a non -stucco system on a building,
which other properties in the area can do.
A variance is requested from this provision of the Zoning Ordinance for the
following reasons:
1. After completion of the balcony columns, railings, trellises, painting and
landscaping, the appearance of the siding materials will blend in with the
other unit.
2. The siding solution with a drainage plane is the best way to minimize
future water intrusion into the exterior walls of the building.
3. Based on conditions discovered at 88 Ocean Boulevard, the Owner of
h Ocean Boulevard will need to replace the failed stucco cladding in
the future.
51
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90 OCEAN BLVD.
EAST (FRONT) ELEVATION
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90 OCEAN BLVD.
EAST (FRONT) ELEVATION
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SOUTH (SIDE) ELEVATION
SCALA: 11611
90 OCEAN BLVD
88 OCEAN BLVD.
WEST (REAR) ELEVATION
SCALE: I /8" = I '-O"
The property looked deceivingly
nice on the interior even though
mold and rotten wood was just
behind the drywall.
Mold from water
intrusion behind
stucco. The wood framing
is black with
rot and the batt insulation
is saturated and moldy.
The exterior walls were falling apart after
only 6 years. The stucco trapped
the water behind it every time it rained. The
result was crumbling OSB which could no
longer function structurally.
Evidence of water intrusion every time it
rained. The front columns were full of rotten
wood. Water can be seen inside of window
after the rain. Wood framing is black with
mold and destroyed.
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