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1790 Mayport Road UBEX 1999 Misc STAFF REPORT AGENDA ITEM: Application for Use-by-Exception for Painting Contractor business at the southwest corner of Mayport Road and Edgar Street SUBMITTED BY: George Worley II, Community Development Director ���P DATE: May 4, 1999 BACKGROUND: This is a request for an exception to allow the applicant to operate a painting contractor business. The applicant will construct a building to house this business on the existing vacant lot. This is a contracting business which is listed under Uses-by-Exception in the CG district. The applicant proposes to park 5 commercial vehicles on-site. No retail sales are anticipated, so customer parking will not be necessary. The applicant proposed six spaces plus an overflow area which can accommodate at least four additional spaces. Landscaping and exact parking arrangement will be required as part of the building permit application. RECOMMENDATION: After review and discussion, the Community Development Board recommend approval of this Use-by-Exception subject to a limit that not more than five commercial vehicles be parked on- site, that at least ten total parking spaces be provided, that no outside storage of paints, chemicals or other hazardous materials be permitted, and that the exception be granted to the applicant only, for this location only. ATTACHMENTS: 1) Application for Use-by-Exception 2) Staff report to the Community Development Board 3) Draft minutes of the Community Development Board meeting REVIEWED BY CITY MANAGER: AGENDA ITEM NO. Please Type or Print in Ink Application Fee $100.00 APPLICATION FOR "USE BY EXCEPTION" RECEI VE® �44R 1 Q 1999 Date Filed: 3�6)j.q Icity of Atlantic Beac eullclln8 and h Zoning Name and Address of Owner or Tenant in Possession of Premises: r J�Av ►1 `. RD Q.,.S_t cL Phone fOt ^ ' (�,���� ��pp 1 U1C=C1L� S LN Work: aj —r� qc BA-10 _.�1_ 3 Home: Q(1.1 -QIiti Street address and legal description of the premises as to which the "Use by Exception' is requested: Lot rna,L)_wzk- Rd p-' i64 .Af 3 RC I2ss/an — oo.Qo A description of the "Use by Exception" desired, which shall specifically and particularly describe the type, character and extent of the proposed "Use by Exception": -PO4•1(\_-\-:(y,%_ CShAzt-r&C Eo r- lASISIrve.S -Eo b 1,6 Id 66 i asiw wl I t_ be. N6 5 Go I I he.-icgio bt_ _Q Ebn Specific reasons why the applicant feels the request should be granted: And LS I n �i n ►��► -�1►� --- b2r=60ad- Zoning Classification: �� Signature of applicant/applicant's Signature of owns of the property. authorized agent or attorney. If Application cannot be processed agent or attorney, include letter without owners signature. from applicant to that effect. • Applicants Do not"fill-in beyond this point. However, be prepared to respond to the following items: /conk FAx SYSTEfl PNO'E N0. : 9042417766 Feb. 10 1999 02:57PH P2 MAP SHOWING SURVEY OF A PART Of THAT PART OP 00YERNMIENT LOT J. FRACTIONAL SECTION 17, TOWNSHIP 2 SOUTH. RODE 29 EAST. DDYAL 000NTT, FLORIDA, MOWN AS TN= NO. 4 (NOTED AS NOT INCLUDED IN THIS ?UV ON?NAP Of OWEN'S REPLAT, AS RECONDED IN PLAT BOO[ 19, PAGE 16, OF THE CURRENT PUILIC RECORDS Of SAID COUNTY, NONE PARTICULARLY DESCRIBED AS FO.LOWSt FOR A POINT OF IEGIN INO, COMMENCE AT THE INTERSECTION OF THE SOUTHERLY RICHT OF WAY LINE OF EDGAR STREET (AS NOWESTANLISHED AS ASO FOOT RIGHT Of WAY) WITH THE WESTERLY RIGHT OP WAY LINE Of KAIPORT WAD A-1-A AND 101, ►ORHENLY STATE ROAD NO. 260 (AS HOW ESTAELLSHED AS A 100 FOOT RIGHT OP WAY)1 THENCE 5.20'39'20'11.• ALONG SAID WESTERLI RIGHT Of WAI LINE OF HAYPORT ROAD, A DISTANCE OF 71.40 FEET; THENCE N.fl6.03'30•W., ALONG THE SOUTHERLY LINE Of SAID TRACT N.59•08'6203 ALONG SAI71 SOUT ERLYHENCE RIGHTUOF WAY'LINE. A DISTANCE OF OF EDGAR THENCESTREET61A,6 DISTANCEOF 115.00 FEET TO THE POINT OF BEGINNING.+ rJ y,4 S,.ott 7.1• I (1'1<L\ w:" C-0.....1A. S1.'D 4 0 6 A R Sr,42EE7- 1" !a'.4./da, Po/A/7" OF QBG/MM/NG- • OR •?• Q T 4 0 v • ;f �PI T 0v1 W ///. -141 Aniiar ')t ,` pp� 9 7.j S GOVT GOj�9, F.fAC 7KWAL 1QC./7, ^u a 4 6 A'L ATTLO9 / t k. • TIW! /3 .4 LAN4/4 4 K • 71W A7Y LA6f,w/K....00 X .dd`C'"ow-pi /A/AI 77fi'A•I[4 GK w4wlwvct ita047.w6. • Ati•OWN, /_N Oqt/!o ON 1 717E ,MAO�A/ . foof J /O/ 1 Ntft.•Y coolly that VOA WNW *lhh byU,*r M1lICNIIdSYtY dSI I die as est` tI tAGMs tMtw F� eHot L'NnL ••rw 7Mas.Politisait Hp . A. OURDEII to 5.40.472-F TNI ObttMa . b ASSOCIATES . -:-c/-.-:7-.w��� FLA see IWO--....tW IMPIO OCALA • FROM : Panasonic FAX SYSTEM PHONE NO. : 90,124.1177,2.6 Feb. 23 1999n07:12Pt1 P2 / 1::171 STANDARD AGREEMENT OF THE NORTHEAST FLORIDA ASSOCIATION OP REALTORS",INC. FOR USE BY MEMBERS ONLY I t ASALTORQa 11 PURCHASE AND SALE AGREEMENT AND DEPOSIT RECEIPT RLALTOarp ARTIeY (c �(I.AS'lx (*BUYER"), rid ,) r r &I ; I��'C0�1�N• ai/g5 /'-• as f NO terms may be stn,Oar or plural and I .ude the successors,personal reprosentetll'r s and assigns of GELLER and BUYER. ereby agree that SELLER will sell and BUYER will buy the following oroperty('Proper!/('),upon the following terms and conditions It mpleted or mar d. In any nf lct of!arms or conditions.that which is added will supersede that which is printed or marked, The ropa'ty is In (1,f(�—�-- �^ County,Florida and IsAesscribed as follows(If lengthy,attach legal description): �-� -- {{-- '_ _ ' r l��- (y� 1XYl Ai. ,�• k 1_�f' 1.2,9-1)%1 " � ^� DORMS: 1,,,,L..04"T it t-(r)( `_t- ('1 Zip:.. r}-, ,n is under-load that the Properly will be cdrt/leyed by GENERAL WARRANTY DEED(unless otherwise required herein)subject to current leas,existing zoning(unless specified otherwise in paragraph 12),covenants.restrictions,and easements of record. . TOTAL PURCHASE PRICE to be paid by BUYER Is payable as follows. (A) Binder deposit,which will remain a binder until dosing,unless sooner forfeited or returned, according to the provisions of this Agreement ; $ (1 ,.A4d#isee3binder deposit due within ,.1 days attar acceptance of this Agreement.../,. S S�Q ` (C) Balance due at closing(not Including BUYER'.closing coals,prepaid ijsms or Notations)in. / ( U.S.cash or locally drawn certified or cashier's check..approx )C exactly S 7cLi Q • e_ �Jn� e/ (0) Proceeds of now note and mortgage to be executed by BUYER to any lender other than SELLER -11-e-)S. 0 DO ilij' (E) Purchase money mortgage and note to SELLER en forme set forth in paragraph 2C S� (F) Existing mortgage balance encumbering the Property to be assumed by BUYER(approximately) S .. G, Mortgagee \\ N Loan tf— _Int.Rate P 3 I i'-//f at) 0-6 Q._.. G)TOTAL PURCHASE PRICE approx exactly ,(, tom{Cp ) . I.[V(FINANCING:if BUYER does not obtain the required financing but otherwise complies with the terms hereof,the binder deposit,lees sale and loan processingtcoats incurred,will be returned to BUYER. . (A) APPLICATION:osi?plication for the mortgage described In paragraph 1(D)will be made with a lander selected by [ I SELLER or[v'BUYER. UNesc such mortgage loan is approved,without contingencies other than thole commonly found in , institutional loan approvals,within -30days of dale of acceptance of this AloreemenI.SELLER or BUYER will have the right to terminate this Agreement,and BUYER ll return to SELLER all title evidence and surveys received from SELLER. BUYER will make application for financing within i days of date of acceptance of Ihia,Agreemenl and timely furnish any and all credit, employment,financial end other intimation required by lender. if the original loan appliCation Is denied.BUYER,if reQu ated by SELLER,will reapply within days of such request at an alternate Insiitutienal lender selected hr.—gaga—I. (j►At9`e't.• 1.) J FHA:lilt is expressly agreed that,nohvilhetanding any other provisions of this Contract,the PURCHASER shall not be obligated to complete the purchase of the Property described herein or to Incur any penally by forfeiture of corneal money deposits or otherwlee unless the PURCHASER has been given In accordance with HUD/FHA or VA requirements a written alatument by the Federal Housing Commissioner,Department of Veteran Affairs,or a Direct Endorsement kndcr setting forth the appraised value of the Property of not less then$ , The PURCHASER shall have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised valuation The appraised valuation Is arrived at le determine the maximum mortgage the Department of Housing end Urban Development will insure.HUD does not warrant the value nor the condition of the Property.The PURCHASER should satisfy himself herself that the price and Condition of the Property are acceptable.' , 2.1 J VA:It is expressly agreed that,notwithstanding any other provisions of this Agreement.the BUYER eh uil not incur penalty by forfeiture of earnest money or olherwite be obligated to complete the purchase of the Property described herein,tI the Agreement purchase price or cost exceeds the reasonable value of the Property established by the Veterans Administration, The BUYER shell,however,hada the privilege and option of proceeding with the consummation of the Agreement without regard to the amount of reasonable value established by the VA. (B) ( )MORTGAGE ASSUMPTION1,.BUYER understands that loan interest( )wiil[ )will not escalate and is[ )variable[ I fixed ( )GPM.If mortgagee approval of BUYER Is required for loan assumption,BUYER will within days make required application and timely provide qualifying Information as required by lender.BUYER'S obligation to()lose is eontiAgent on:enders approval of the assumption within days or the date of acceptance of this Agreement. (C) ( I SELLER:The balanee due SELLER will be evidenced by negotiable promissory note of BUYER,secured by valid purchase money mortgage on the Properly and delivered by BUYER to SELLER dated the date of closing,bearing annual interest of %and payable 3 per month for I ) years( J months.Privilege of prepayment ( )does apply( j does not apply.The mortgage will be I )due on Sale I I not due on sale of Property.Within days atter dale of acceptance at this Agreement,BUYER will furnish all credit,employment and financial inlormatlon reasonably required by SELLER.SELLER will within days atter receipt of the information,deliver a written decision to BUYER as to whether or not SELLER wilt make the mortgage loan('Loan Approval').ThiS Agraement Is not assignable without consent of SELLER. 1. LOSS OR OAMADE: 1f the Property Is damaged by era or other casualty prior to closing,and cost of restoration does not exceed 3%of the assessed valuation of the Improvements located on the Property,cost of restoration will be an obligation of SELLER and Closing will proceed pursuant to the terms of this Agreement with cost thereto oscrowad at closing.In the event the coat of repair or restoration exc00de 3%of the assessed valuation of the Improvements and SELLER declines to repair or restore,COYER wilt have the option of either taking the Property as Is,together with either the said 3%or any insurance proceeds payable ny virtue of such iota or demege or of canceling this Agreement Page 1 of 4 ' 'FROM : Panasonic FAX SYSTEM PHONE NO. : 9042417766 Feb. 23 1999 07:13PM P3 e 4, BUYER WILL PA ft• (A) CLOSING COSTS.( 'Recording tees turf L Note stamps(VI Intaneirle lax I4Credit report(*)Jr Nprlgage transfer and essumPttQfl charges( J VA funding tees( J Mortgage origination feel I Mortgage insurance premium eV) i r- Attomey'e lee I I Mortgage discount not to exceed ] )Wood destroying organism report(v'J Appraisal fee 1 Survey( [Tax i service( J Doe prep fee( )Home warranty( 1 Title Insurance policy( ]Title search and exam fee I I Title Insurance,ndoraemenla( )Underwriting Pee( ]Flood Certification Fee I .I Other (B) All other charges teetered by lander,unlace prohibited by law or regulation, L/' (C) PREPAIDS:Prepaid batard insurance,taxes,interest end mortgage inauren•, •e ms,fuquired by tho lender. Cc' 99 6. SELLER WILL PAY: .�I�I AJ •CL aSING COSTS:(\Aged Oa .s , -4�uvs)Y>�t2.. /-'1 Title Insurance policy l Tale search and exam lee l 1r+:es e•rrarirss•ew►envMg+s• •uorney'a l ( Real estate brokerage lea ll j Mortgage discount not to exceed �+�` j SabslacUotl of mortgage and recording foo(,(Survey ( ]Doc Prep fee ir ( )Repairs or replacements,In addition to those In paragraph 15(C),not ter exceed$ • pd( ( )For VA sale only,wood destroying organism report( I Appraisal fee(,rax service( I Tike insurance endorsements e I I ( I Home warranty ( J Other _ • /l (B) All oilier cttargeo raquirad by lendarwhieh BLfYER is proniWted from paying by taw or regulation. (C) All mortgage payments and condominium and association fee;and pasessments will be current al SELLERS expense at the lime of closing. (D) SELLER will deliver satisfactory proof that BUYER win not be obligated to withhold any of the purchase puce under the Foreign Investment to Real Property Tax Act or shall provide funds at closing to enable BUYER to meet the tax obligation It. PRORATIONS'AU faxes,rontais,condominium or association fees,monthly mortgage insurance premiums and interest on assumed mortgages will he prorated through day before closing.if part of purchase price is to be evidenced by assumption of a:mortgage requiring deposit of funds in escrow for payment of taxes.insurance or other charges.BUYER agrees to reimburse SELLER for the eeorowed!uncle atelgnee to BUYER at closing. 7. NON•DEPAULT PAYMENT OF EXPfNSlS: (A)II BUYER fails to penorm,all loan and sale processing and closing costs incurred,whether the sante were to be paid by SELLER or BUYER.wet be the recponcibiltty of BUYER,with costs deducted from the bender depo;It.Thio will include but not be limited to the trenaaotion not closing because SELLER elects not to make the mortgage to BUYER as provided In Paragraph 2(C)of ;his Agreement or because BUYER does not obtain the required financing as provIded In anis Agreement or BUYER Invokes BUYER's right to terminale under any other contingency In this agreement, (8)If SELLER falls to perform.all loan and sale processing and closing costa Incurred,whether the same were to be paid by SELLER or BUYER will bra the rvsponelbilily of SELLER,end BUYER will be entitled to the return of the binder deposit.This will include, but not be limited to the transaction not closing because SELLER is unable or unwilling to complete the transaction for a qualified BUYER,or because the Property does not appraise for on amount sufficient to enable the lender to make the required loan,or because SELLER elects not to pay for the excess amount In paragraphs 3.a.15(with respect to repairs),or because the coning is not as required in paragraph 12,or because SELLER cannot deliver a marketable title. 8. DEFAULT:It BUYER defaults under this Agreement,all deposits)paid and agreed to be Fold will be retained by SELLER as agreed upon liquidated damages,consideration for the execution of this Agreement and in full settlement of any claims,whereupon BUYER end SELLER will be relieved of all obligations to each other under this Agreement,If SELLER defaults under this Agreement, BUYER shall seek specific performance In arbitration or elect to receive the return of BUYER's deposit(s)without thereby waiving any action for damagei In arbitration resulting from SELLER's cefmult.Binder deposits)retained by SELLER as liquidated damages will be distributed pursuant lo the terms of the listing agreement. 9. BINDING ARBITRATION:All controversies end claims between the BUYER,SELLER.or Broker,directly or indirectly,rising out of or relating to this Agreement or this transaction,will be settled by binding arbitration in the county where the Property is located,using arbitrators selected from the fist maintained by Northeast Florida Attorneys Real Property Council and in accordance with Its rules,or another arbitrator who Is mutually agreeable to the parties.Discovery will be governed by the Florida Rules of Civil Procedure. The arbitrator will issue oubpocn.s for discovery end for the arbitration hearing. A copy of each subpoena will be filed with the arbitrator. In an action for specific performance,any party may file a notice of arbitration In the public records.The arbitrator,wilt award whomever prevail;reasonable attorney's lees and costs,defined to include fees paid to arbitrators and expert witnesses.BUYER and SELLER agree that no Real Estate Broker will be liable for misdelivery of any deposits)or item unless such misdelivery is due to the willful breech of this Agreement or gross negligence. Notwithstanding the foregoing.In the event of a dispute between BUYER end SELLER as to entitlement to the binder deposit(s),the holder of the binder deposit may fie an Interp;eader action In court In accordance with applicable law coley to determine entitlement to the binder deposit(s),attorney's fees and cotes,or the Broker holding the binder deposit(s)rosy request the issuance of en escrow disbursement order from the Florida Real Estate Commission and In either event the BUYER and tho SELLER agree to be bound thereby.This agreement to arbitrate will be specifically enforceable under the prevailing arbitration law,and judgment upon the order rendered by the arbitrator may be entered by any court having Jurisdiction. tO.TITLE EVIDENCE:Within( ) days after date of acceptance or(af( days after date of Loan Approval without • contingenoles other than those commonly found in Institutional loan approvals.SELLER will deliver to BUYER or closing attorney: I j Title Insurance commitment for an owner's policy In the amount of the purchase price( I Title insurance commitment for mortgage policy in the amount of the new montage.Any expense of curing litre defects such as but not limited to legal fees,discharge of hone and recording fees will be paid by SELLER. I1.SURVEY:Within( I days after date of acceptance or(VI /() days after date of Loan Approval without c ntimgenclee other than those commonly found In Institutional loan approvals,SELLER wilt deliver to BUYER or closing attorney:(.4A new staked survey dated within 3 months of closing showing all improvements new existing hereon and certified to BUYER,tender,and the title insurer.( )A copy of a previously made survey of the Property showing all improvement.now existing thereon.[ I No survey is 12.(e ZONING and RESTRICTIONS:Alnless the Property is ZOned C Jfyv._Q v' A O Q __ and can be legally used for 1'IdMnVNm.-4 re 11.1.0 or If there Is notice of proposed toning changes or deed or other restrictions that could prevent such use al the time of closing,BUYER will have the right to terminate this Agreement.BUYER will hays 10 days from date of acceptance to verity the existing zoning and current proposed changes,and deliver written notice of oblectlons to SELLER orbs deemed to have waived objections, 13.TITLE EXAMINATrON AND TIME FOR CLOSING: (r1) If title evidence and survey,es specified above,show SELLER Is vested with a marketable tale,the transaction will be closed • and the deed a Other closing papers delivered on or before( 1 1 1 days after dale of acceptance(v/�Q r� days after date of Loan Approval and setisfecticn of conditions In paragraph 18,if any,union extendel by Other condltlons of the Agreement.Mareeteble tele means title which a Florida title Insurer will Insure as marketable al Ile regular males and subjeei only to matters to be cured at closing and the usual exceptions such as survey,current LUSO, zoning ordinances.covenente,restrictions and easement►of record. FROM : Panascr i c FAX SYSTEM PHONE NO. : 9042417766 Feb. 23 1999 07:16Pel P1 • • 13.(0) If title ev)denceor survey reveal any defects which render the title unmarketable.BUYER wit have seven(7)days from receipt of title commitment end survey to notify SELLER of such title defects and SELLER sprees to use reasonable diligence to cure such detecls at SELLER'.expense and will have 30 days to do so,In which event title transaction will ba dosed within tan days after delivery to BUYER of evidence that such defects haw been cured.SELLER agrees to pay for and diacharge all duo and 1.delinquent taxes,liens and other oncumbrances.unless otherwise agreed.II SELLER Ie unable to convey to BUYER a marketable title,BUYER will have the ri0hl to terminate this Agreement,et the came time returning to SELLER all title evidence and surveys received horn SELLER,or BUYER wiU have the right to accept such title as SELLER may be able to convey,end to close this transaction upon the farms staled herein,which election will be exercised within ten(10)days from notice of SELLER's Inablllty to cure. 14. PROPERTY DISCLOSURE;SELLER does hereby ossify and represent that lite SELLER has ieget authority and capacity to convey the Property with all improvements.SELLER represents that SELLER does not know of rely materiel facts which affect the value of the Property other than those which BUYER can readily observe Except: (A) Energy Efficiency:In accordance with Florida Statute 553.000,notice Is hereby given that the BUYER of real property with a building for occupancy located thereon may have the building's eneroy•efficlency rating determined.BUYER acknowledges receipt of the enemy-efficiency rating information hroehure prepared by thy Stare of Florida,Department of Community Attain; at the time of or prior to BUYER signing this Agreement. (B)Radon Gas Disclosure: Radon gas is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who era exposed to it over time.Levels of radon that exceed federal and stale guidelines have been found In buildings in Florida,Additional Information regarding radon testing may be obtained from your county public health unit. (C)Flood Zoner BUYER Is advised to verify with the lender and appropriate government agencies whether flood insurance le required and what restrictions apply to improving the Property and rebuilding in the event of casualty. 15.MAINTENANCE,INSPECTION AND REPAIR:SELLER will maintain the Property ir,Its present condition until dosing,except for normal weer end tear end any repairs required by this Agreement. (A) Inspectlone: BUYER may,al BUYER's expense,conduct inspections as described below.It le agreed that the costs of inspections below or any other inspections requested by the BUYER are exempt from the terms of paragraph 7 of this Purchase end Sale Agreement and will bo paid by the BUYER regardless of the outcome of this Agreement.If BUYER fails to timely conduct arty inspection which BUYER is entitled to make under this paragraph 15,BUYER waives the right to conduct the inspection end accepts the Properly in its"AB IS"condition,except as provided in paragraph 15(C)below. BUYER will repair all damages to the Properly resulting from Inspoetions and return the Property to its pre-inspection condition. (1)Professional inspection:BUYER may,within len 1101 does after acceptance of this Agreement,Inspect the Property or have the Property Inspected by a professional inspector who specializes in)tome Inspections and holds an occupational license for such purpose or who holds a Florida license to belie,repair or maintain the items inspected.The Professional Inspection will be conducted to determine if:(a)ell major appliances;heating,reeling,mechanical.electrical and plumbing systems;end pool equipment(if any)are in working condition,except :(b)the main structure and the roof and pool(if any)are etrucluratly Sound and water tight:(c)the roof on the main structure has a remaining economic life of two (2)years or any longer period required by lender.'Working Condition"means operating In the manner in which the Nem was designed to operate.The Profasstonal Inspeolion le not Intended to discover or note cosmetic conditions and SELLER is not , obliged to cure cosmetio conditions or to bring any item into compliance with current building codes unless necessary to put an item in working condition 'Cosmetic Condition"means aesthetic imperfections which do not effect the wcrking condition of the rem,such pp,but not limited to,tears,worn spots end discoloration of floor coverings,wallpapers.or window treatments,nail hese*,scratches,dents,scrapes,chips and caulking in bathroom ceiling.walle,flooring,tile,fixtures or mirrors.end minor cracks In windows,driveways,'sideweike,poet decks,garage floors and patio floors.BUYER must,within fifteen(15)days after seaplanes at MIS Agreement,deliver wrinen notice of any items which are not In the condition required and a copy of the in puotor'e written report,if arty,to SELLER, (2)Walk.Through Inspection:BUYER may.no later than two(21 days prior to closing,walk through the Property solely to verify that SELLER has made repairs required under this Agreement and has metnlalned the Property. No other Issues may be raised as a result cf the walk-through inspecbun, (3)Aoaosa and Utilities:SELLER wilt make the Property available for inspections during the lima provided In paragraph 15,and, If not,the time for Inspections will be extended by the Ilme access was denied.If utilities are not active at the lime the inspections are to be mode,BUYER will pay to have the utilities activated for these purposes. 14)Broker's Notice: Neither the Listing Broker nor the Selling Broker warrant the condition of the Property and neither ix liable to either pony in any manner whatsoever for that Condition.Therefore.BUYER and SELLER hereby release and hold harmless said Broker;and their licensees from any claim,loss or dentine arising out of or occurring with respect to the condition of the Property. II)Buyer's Responsibility:Repairs or ropiocerriants td the Property after closing or BUYER's occupancy,whichever occurs first,will be BUYER'*responsibility unless otherwise agreed in writing. (8) Repair:SELLER is obligated only to make repairs and reptacemente identified in the BUYER's written notice described In paragraph 15(A)and then only as le necessary to bring those Items to the condition required,unless otherwise set forth t,1 this Agreement.SELLER's obligation to pay for repairs and reptacomeits aro limited to the amount shown in paragraph 6(A)sit this Agreement.SELLER,within len(101 days after receiving BUYER'*written notice of repairs and BUYER'*loan approval,If sppucabie, will have repairs made in a workmanlike manner by an appropriately licensed person. It such coats exceed the amount specified In paragraph 5(A)and SELLER declines to pay the excess.BUYER may cancel this Agreement within five(5)day;alter receipt of SELLER's notice of SELLER'*refusal to pay by giving written notice to the SELLER,or be deemed to have elected to proceed with the trenseciion,in which event.BUYER will receive credit at closing of an amount equal to the total of trio SELLER'S repair limit In paragraph 5(A),If allowed by lender.If prohibited by lender,SELLER will accomplish the required repairs and BUYER will pay excess amount to SELLER at closing.To secure the BUYER's obligation to pay the excess to SELLER,BUYER shall deposit an additional binder("Excess Binder')with the Broker In the amount which,when added to the amount to be paid by SELLER, will equal cost of the repairs,The Excess Binder will not be refunded to BUYER unless SELLER Is unable or unwilling to perform • its obligations hereunder. IC) Wood-Destroying Organisms:"Wood-destroying Orgur,isms'means arthropod or plant his which may damage a structure. BUYER at BUYER's expense(unless VA),may have the Properly Inspected by a Florida Certified Peet Control Firm to determine whether there is any viable active wood-destroying organism Infestation or visible existing damage to the Improvements from wood-destroying organisms.If BUYER Is Informed of either or both of the foregoing,BUYER will notify SELLER within five (5)Days by furnishing a copy after?'written report.SELLER win have seven j71 days from receipt of ernes report within which to have an such wood-destroying organism damages whether visible or not,Inspected and estimated by a licensed building or general contractor SELLER willow/ego • •• IC r • •r • .f II wood dsstr• grgagiem report damage up to on, percent 11()%)or the 2urch.se +glee.It such costs exceed the amount agreed to be paid by SELLER and SELLER declines to pay the exwas,BUYER will have the option of(s)terminating this Agreement.or(b)proceeding with this transaction,In which event BELLER will boar costs equal to one percent(1.09:)of the purchase price.SELLER is not obligated to treat the Property If there is evidence of previous infestation but no visible live infestation end SELLER provides written proof to Buyer of previous treatment of the Property for such infestation by a Florida Certified Pest Control firm or transfers a current bond or service agreement for such Infestation to Buyer al Cknin9 FROII Panasonic FAX SYSTEM PHONE NO. : 9042417766 Feb. 23 1999 07:17PI1 P2 111/'LS/1lyy :l:bl ul4l it i ./HeIV.1�.v.,,N.•,�....,,..., . . , .._ 6.000UPANCY:Iv4ELLER represents that there are no parties in occupancy other than SELLER. BUYER will be given occupancy , at clueing unless otherwise;pacified herein, from tire date of oaupancY, it will be o to be ddlivbed prior a1 t cloning,BUYER aasumfrom said dots all risk of ioon to personse,and will be deemedtohave accepted the Property. will be responsible and liable for maintenance of the ProPert'i race end personal.In Its settling condition ascii time of taking occupancy unless otherwise agreed In writing. t 1 Buyer understands that Property le available for rent or rented and the tenant may continuo In poeaossbn following clos'ing unless otherwise.greed in writing. All deposits will be transferred 10 BUYER at closing. n.PERSONAL PROPERTY: Included In the purchase price are all fixed equipment such as,but nonot rl11 ited d to,automatic g rut bboon as e coon opener&contiots.drapery hardware,attached lighting fixtures,mailbox, now installed on the Property,and these additional items: f(i\c\ La..vza. Items speclncetly excluded from this Agreement: 18 i.DITIONAL TERMS,cONDITIO • OR ADDENDA(Letter.• B. D.etC.) a W1ijv S.ria' . •4 �� , 1 #f• tvaalas \ 19.COMPLETE AGREEMENT:BUYER and SELLER acknowledge receipt of a copy of this Agreement.that the terms of the Agreement are the entire agreement between there;and that they have not received of relied on any representation&by BroKer or any printed material regarding the Properly,Including but not limited to,the tistlttg informetion sheet,that are not expressed in this Agreement. No prior or present agreements or representations wilt bind BUYER,SELLER or Broker unteas Incorporated into this Agreement Modifications of this Agreement will not be binding unless in writing,signed and delivered by the party to be bound. Handwritten or typewritten terms Inserted in or attached to this Agreement prevail over preprinted twine Signatures,Initials end modifications communicated by facsimile will be ccnsiderad as original.If any provision of this Agreement is or becomes invalid or unenfprcaable,all remaining provisions will continue to be fully effective.This Agreement will not be recorded In any public records. If not understood,parties should seek competent legal advice. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 20,©UYER'fi AND SELLER'S NOTICES: BUYER and SELLER represent that they have net entered Into any other agreements with Real Estate Brokers other then those named below with regard to the Property.SELLER and BUYER give Broker authorization to advice surrounding neighbors who wit be the new owner of this Properly."Broker",as used In this agreement,is intended to rater to persons licensed to Anil real property In the State of Florida. 21.HOMEOVVNERS in0DISCLOSURE:uyer If shomeowners association disclosure s mmary attached hereto and Incorporatdherebyth s reference, not sign this Agreement until Buyer has received andd the disclosure summary. 22,ACCEITANCE:IF THIS OFFER 19 NOT SIGNED BY AND DELIVERED TO ALL PARTIES OR FA TOF ACCEPTANCP r,t COMMI{�I ATE t4RITING(INCLUDING FAX)BETWEEN THE PARTIES ON OR BEFORE 7�[1�:01 1 I A•M• Date s l , ,this offer whir terminate. 23.E6cROW DISCLOSURE:All parties to this agreement,by signature below, agree that Broker may place any and all escrow funds In en interest bearing account pursuant to the rules and regulations of the Florida Reel Estate Commission and retain any interest earned as the cost associated with maintenance of said escrow, •-� pa t~`G o3rYr3 k y3/lirS r) — FM '`'� .21,2-73-01)7 .2 2d 9( (��y�l�T-e- t_ BUYER SOC,SEC.N DATE SELLER SOC.SEC.N Ok"E BUYER SOC.BEG.N DATE SELLER 60C.SEC.IF DATE • Broker loins in this Agreement to evidence Brokers consent to be bound by the provisions of paragraph 9 above.Broker,by signature below.acknowledges receipt of S ( I cash f ) check,as binder deposlt,which Is the amount spec fledaI with In paragraph 1(A)of this Agreement.It will be deposited and held In escrow pending disbursement according to terms hereof,tog eth�u addl110n01 binder oeposite escrowed by terms of this Itgreementt • Company By Tills BROKER'S FEE:SELLER agrees to pay listing H rn ker named below according to the terms of en cajoling listing agreaont ores mutually agreed In this Agreement,namely, / .Listing%of total purchase price or S ng Broker agrees to pay Selling Broker a commission of %of the gross purchase price or$ .If BUYER fails to perform and deposa(s)la retained,50%thereof,atter dedurn of costa,wit be paid to SELLER and balance will be paid to listing Broker es full consideration of listing Broker's services.Th•amount paid to listing Broker wiil not exceed the Broker's tee above provided.If the transaction does not close due to SELLER'S refusal or failure to perform.SELLER will pay the lull tee to listing Broker on demand.In any arollration or Gtlmtlon aricIng lot•hl;A ement concer the Broker's 11fee,the prevail g pony will recover reasonable attorney fees and costs f,,,,c i i 712"C Firm Nom 4of -' L�'41 Broke FIr�Sjlome ar 9 l r. ker/ ^ - Saner By: _L._ t/r'itz�/j� . By.`•1r(7�'j/gt�,xn c(nc,�(►/— __ Authorized Licensee Authorised Licensee Seller Page 4 or 4 Copyrighted by the Northeast Florida Aaaaierion or REALTORS..Inc. Sale 9/90 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 20, 1999 )(, AGENDA ITEM: # 4. a. Application for Use-by-Exception to operate a Painting Contractor business in the Commercial General zoning district. This is a request for an exception to allow the applicant to operate a painting contractor business. The applicant will construct a building to house this business on the existing vacant lot. This is a contracting business which is listed under Uses-by-Exception in the CG district. The applicant proposes to store 5 commercial vehicles on-site. No retail sales are anticipated, so customer parking will be very limited. Using the commercial parking standard of one space per each 300 square feet of gross floor area results in only five spaces required. The applicant proposes six spaces plus an overflow area which can accommodate at least four additional spaces. The drawing submitted by the applicant is a preliminary sketch. Landscaping and exact parking arrangement will be required for building permitting. The building, as shown, will comply with all required setbacks for CG zoning. Staff recommends approval of this Use-by-Exception subject to the number of commercial vehicles being limited to five, that at least six total parking spaces be provided on-site, that no outside storage of materials be permitted, and that the exception be granted to the applicant only, for this location only. AGENDA ITEM: #4. b. Application for Use-by-Exception to operate a used boat trailer sales and service business on property zoned Commercial General at 1860 Mayport Road. The applicant desires to operate a boat trailer sales and service business at this location. The site was formerly a used automobile sales lot. The applicant has not specified the number of trailers to be kept on hand, nor the number of trailers expected to be under repair at one time. The property is zoned CG which allows new and used vehicle sales as an exception. Staff has a concern about the number of trailers to be kept on-site because they may be stacked and displayed in a higher number than automobiles can be. Staff recommends limiting the maximum number of trailers for sale to twenty. Similarly, limiting the number of trailers under repair to the maximum that can be placed inside of the building seems prudent as well. Customer parking as shown does not appear to be a problem. Staff recommends approval of the request with the stipulations that not more than twenty trailers be displayed for sale, that all trailers under repair be stored inside of the building, and that the Use-by-Exception be granted to the applicant only, for this location only. AGENDA ITEM: #4. c. Application for Use-by-Exception to operate a tea bag packaging business on property zoned Commercial General at 1179 Atlantic Blvd. The applicant desires to operate a business that includes preparation of products such as tea bags and vitamin capsules for wholesale purposes. The proposed location is zoned CG which allows limited wholesale businesses. The applicant notes on his application that he will have delivery traffic but no retail sales to the public. The location was formerly a contracting business. There is adequate parking and vehicular access. Staff recommends approval of this request subject to the conditions that no retail sales be permitted, and that the exception be granted to the applicant only, for this location only. AGENDA ITEM: # 4. d. Application for Use-by-Exception to operate a fitness center business on property zoned RG- 1, Residential General. The applicant desires to construct a building to be used as a fitness center on an existing vacant lot in the RG-1 district. The applicant believes that this is a use permitted by exception under 24-106 (c)(3) "Public and private recreation facilities". The term is not defined in the code and is not used elsewhere in the chapter. Each of the residential districts contain this exception. The proposed use will be located well within an existing residential neighborhood. Staff has reviewed this request and has not found clear direction within the code to address this proposal. The use seems to be a commercial use and one requiring a commercial building. The term"facilities" is not defined to and in general usage can mean a building as well as non-habitable structures. It is staffs belief that the intent of this reference was to permit parks and playgrounds open to the public rather than commercial business uses. Based upon this interpretation of intent., Staff recommends denial of the requested Use-by-Exception. AGENDA ITEM: # 4. e. Application for Variance to construct a two car garage encroaching the rear setback line on property zoned RG-1 at 159 Ocean Blvd. The applicant owns an existing residence on a through lot between Beach Avenue and Ocean Boulevard. Per Section 24-84(b) the front yard is on Ocean Boulevard. The building currently conforms to all required setbacks. The applicant proposes to construct an eight foot addition onto the rear and approximately ten feet onto the south side of the existing garage which is currently 21 feet from the rear property line. The applicant indicates a desire to construct an architecturally pleasing addition. They also indicate that it is possible to construct the desired addition without encroaching the setback. Based upon the fact that obvious alternatives exist which do not encroach the setback and that there is no apparent hardship in constructing a conforming addition, Staff recommends denial of this request. AGENDA ITEM: # 4. f. Application for Variance to construct a covered patio room onto an existing nonconforming residence at 420 West 14th Street, zoned RS-2. The applicant proposes to construct an addition onto her existing nonconforming residence on the corner of Camelia Street and West 14th Street. The existing building is nonconforming as to the front (West 14th Street) and east side (Camelia) setback requirements. The proposed addition is to be a glassed-in room on the south side of the existing building. The applicant obtained a Variance in the past to construct the existing addition. The proposed addition is partially stepped back to meet the minimum setback of 15 feet required. It has been the majority opinion of the Board to encourage additions to nonconforming structures to meet the required setback when possible. This proposal only partially meets the required setback. Based upon past actions of the Board Staff recommends denial of the proposed addition as indicated on the site plan. If the proposed addition were to be setback its full width to meet the required setback, Staff would recommend approval. AGENDA ITEM: # 4. g. Application for Variance to construct a six foot fence within the fifteen foot side setback at 625 East Coast Drive. The applicants own a residence on the corner of East Coast Drive and Sixth Street. They desire to construct a six foot high fence on the Sixth Street side to the property line. This lot is exactly square rendering a determination of front and side under the Section 24-17 Definition of Lot, Corner impossible. Based upon the mailing address and building facing, Staff has determined that East Coast Drive is the front. The proposed fence is to be of stockade and lattice construction. The applicants have provided considerable information supporting their desire for the fence at the six foot height. Staff has discussed with the applicants alternatives including landscaping and a four foot fence to alleviate their security concerns. It is staff's belief that such alternatives should be thoroughly explored before a Variance is granted for a six foot fence. Based upon the possibility of viable alternative options, Staff recommends denial of the Variance request. • MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA April 20, 1999 7:00 P.M. CITY HALL .1" PRESENT ▪ Don Wolfson ' , Robert Frohwein Mary Walker Pat Pillmore Dezmond Waters AND • George Worley, II, CD Director Alan Jensen, Esquire Pat Harris, Recording Secretary ABSENT: ▪ Buzzy Grunthal Sharette Simpkins Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of March 16, 1999. Some additions and corrections were made to the minutes and they will be placed on the agenda for approval at the next regular meeting. The Chairman notified the board that Item 4(e) on the agenda has been postponed until the next meeting. IP* I. Application for Use-by-Exception filed by David Rockwood to construct and operate a painting contractor office at property known as a Part of Government Lot 3, located at the corner of Mayport Road and Edgar Street (vacant lot). Mr. Rockwood introduced himself to the board and stated that he desired to purchase the property and construct a building to operate his contracting business from. He stated there would be no outside storage except for his five commercial trucks. He said he proposes six spaces plus an overflow area which can accommodate four additional spaces. Mr. Worley explained that all setback, parking and landscape matters would be covered under the building permit when issued for the construction. . . 49 . ,, 44-: - 4 4,tip "4" After discussion, Mr. Waters moved to recommend approval of the use-by- exception following staff's recommendation that the number of commercial vehicles be limited to five with eight parking spaces, no outside storage of paints, chemicals or other hazardous material and Mr. Wolfson seconded the motion for discussion purposes. After further discussion, Mr. Waters amended his motion to recommend approval of the use-by-exception as requested solely to the applicant for this location only, subject to the number of commercial vehides being limited to five, and with ten parking spaces being provided. Mrs. Pillmore seconded the motion and it was unanimously approved. II. Application for Use-by-Exception filed by Randy Wilson to operate a new and used boat trailer sales and service business at property located at 1860 Mayport Road. Randy Wilson introduced himself and stated he desires to operate a boat trailer sales and service business at the location. He stated that the majority of the service to the trailers will be done on the inside of the building and anticipated approximately 20 new trailers and 20 trailers for service would be located on site. After discussion, Mrs. Pillmore moved to recommend approval of the use-by- exception with no more than twenty trailers displayed on site for both sale and repair. Mrs. Walker seconded the motion. The chairman expressed concern with safety regarding loading and unloading of the trailers at the site as well as entering and leaving the property by large delivery trucks through residential property. The applicant explained that the trucks being used were flatbed trucks and not semi rigs and he could have them exit on Mayport Road. Mr. Frohwein suggested that the applicant be allowed 30 total trailers on site. After further discussion, Mrs. Pillmore amended her motion to recommend approval of the request with no more than 30 new or used trailers on site and that the use-by-exception be granted to the applicant only for this location only. Mrs. Walker seconded the motion and it passed with a three ayes from Mr. Frohwein, Mrs. Pillmore and Mrs. Walker and two nays from Mr. Waters and Mr. Wolfson. III. Application for Use-by-Exception filed by Dirk Mueggenburg to operate a wholesale teabag packaging business at property located at 1179 Atlantic Boulevard. Dirk Mueggenburg introduced himself and told the board that he purchased the DpA4%. ,o , ;44-;:v 17 121 1 building and desired to produce, develop, trade, store and manufacture health food _ products such as herbal teas and capsules and tablets. He stated that it is a brand new business and he will have delivery traffic but no retail sales to the public. Mr. Frohwein requested that the applicant supply proof of ownership of the property to the City. He expressed concern regarding delivery of products by the semi trucks and their ingress and egress to the property. After discussion, Mr. Frohwein moved to recommend approval of the use-by- exception subject to the conditions that no retail sales be permitted and that the use-by- erception be granted to the applicant only and for this location only and Mrs. Fillmore seconded the motion. After further discussion, the board voted unanimously to recommend approval of the use-by-exception. N. Application for Use-by-Exception filed by Stephen Hale Mabry to operate a fitness center to be constructed at property described as part of Government Lot 3 and located on Dudley Street. (vacant lot) Steve Mabry introduced himself to the board and explained that he desired to build a building to be used as a fitness center on an existing vacant lot in the RG-1 district. He stated he believes that this is a use permitted by exception. He stated he wanted to operate a recreation center with jazzerdse lasses. Mr. Frohwein stated that in his opinion it is not the intent of the code to have a commercial recreational facility as a use by exception in a residential zoning district. He stated that RG1 and RG 1A districts are intended for the development of medium density two-family residential areas. The chairman agreed with the staff report that the requested use-by-exception is not an acceptable use under the RG 1 district but that the intent in this section of the code is for pools and clubhouses in private subdivisions and not a business being conducted in a residential neighborhood. After discussion, Mr. Frohwein moved to recommend to the City Commission that the use by exception be denied because commercial developments in residential districts does not follow the intent of the code. Mrs. Fillmore seconded the motion which unanimously passed. The board directed staff to communicate to the City Commission that they do not consider this use as acceptable under the RG1 District. DR, - 41-1 Mr. Mabry requested that his application be withdrawn and not submitted to the City Commission for action. V. Application for Variance filed by Kevin W. Newsome to construct a covered patio to an existing nonconforming residence owned by Mamie Hurd at property located at 720 W. 14th Street. Kevin Newsome introduced himself to the board as contractor for Mamie Hurd and explained that he proposes to construct an addition onto her existing nonconforming residence on the corner of Camelia Street and West 14th Street. Mr. Frohwein explained to the applicant that for the board to grant a variance that it looks for the existence of a hardship that exists with the land. Mrs. Hurd introduced herself to the board and explained that she owns the property which includes three lots. She desires the addition to accommodate her large family and does not plan to ever sell the property. Mr. Worley stated that this is an existing nonconforming building which was constructed as far back as 1965 and probably before that. The structure was not constructed to meet the current setback requirements on the front which is W. I4th Street or the side on Camelia Street. The applicant is proposing to put an addition onto that building. He stated that the hardship that the board has found for additions like this in the past is that the existing building is nonconforming and cannot be expanded. He explained further that Mrs. Hurd obtained a prior variance to construct an addition to the existing nonconforming Mr. Frohwein stated he would be in favor of granting the variance if the side yard encroachment was not continued. He stated he would like to see the 15 feet maintained on the side yard with the improvements to be redesigned. After discussion, Mr. Frohwein stated he would move to deny the variance due to there being alternative methods for the construction unless the applicant amended her application . The applicant amended the application to construct the addition and maintain the 15 feet side yard setback. Mr. Frohwein moved to approve the variance as amended provided it is implemented within a period of one year. Mr. Waters seconded the motion and the variance as amended was unanimously granted. • VI. Application for Variance filed byChristine Lester to construct a six foot P _ 4 fence that will encroach the setback requirements at property located at 625 East Coast Drive. Christine Lester introduced herself to the board and explained that she desired to construct a six foot fence on the Sixth Street side to the property line. She stated that the fence would be 34.2 feet from the 4-way intersection so there is no question of visibility. She stated that the fence is to be of stockade and lattice construction. She stated she reviewed the question of intent in the code and feels that proposed construction is within the spirit and the letter of the code. She stated she felt a variance was not required in her interpretation of the code. Mr. Worley stated that sections of the code in question should be Sections 24-157 and 24-17. The members briefly reviewed the above sections and Mr. Wolfson stated that for clarification the code should be 24-157(b) which sets forth where the fence would be allowed from the point of the right-of-way. Mr. Worley stated that 24-157(b) addresses what is commonly called a sight triangle. Section 24-157(a) addresses fence height in regard to location on the property, sped$eally, in reference to a front property line but has in the past been interpreted that the reference in 24-17 definition, lot, corner, the 15 foot setback is applied to accessory structures, principal buildings and fences in the past. Mr. Worley explained to the board that in the past there has been an interpretation of the code that we have enforced for years that the imposed setback requirement under the definition of lot, corner of 15 feet has applied to fences that exceed the 4 foot height limitation. He stated that the interpretation is based on the fact that 4 foot or shorter fences have no setback requirement in any way and fences over 4 feet in height have a setback restriction that is conforming to a building setback line. He stated that the interpretation has been that since the word setback is used it has applied to as an overlay of the setbacks that are established by specific sections of the code that follow. The sections of the code that address each of the zoning districts have a side yard setback requirement that are established in them. The greatest required setback by those established standards is 10 feet to a side property line. The lot, corner definition imposes a 15 foot setback which overlays the existing requirements under the code sections that follow. It is not the dearest way to do it and is without doubt not the best way to impose regulations through definition rather than a specific section of the code. 4. z,;iJ...- , ik, 1 typ 41 The Chairman explained that a corner lot cannot be compared to an interior lot. The Chairman read excerpts from the previous meeting in which the City Attorney gave his interpretation of the code. He stated if the board takes action based upon the opinion of counsel and the applicant feels that the action was illegal she can appeal the decision to the City Commission. The applicant stated that she originally wanted to install the 6 foot fence for safety reasons with her young children. After discussion, Mr. Frohwein moved to deny the variance and Mrs. Pillmore seconded the motion. The Chairman asked staff if the board could hold a special meeting to specifically address the sections of the code involved in this issue and suggested that the applicant request a deferral until after such time as the review process and proposed amendment to the code could be acted upon. Mr. Worley suggested that the board call a workshop meeting the following Tuesday for the specific purpose of reviewing a draft ordinance. He stated the board could review the proposed ordinance and make a recommendation to the City Commission for final adoption. The Chairman stated that the proposed ordinance should clarify the intent of the code. He explained to the applicant that if the board denies the variance request she would be unable to return with the application for 12 months. After further discussion, the applicant requested that her application be deferred and the motion and second were withdrawn.. The Chairman directed staff to schedule a special meeting for Tuesday, April 27, 1999 at 7:00 p.m. and publish the required notice. The board will discuss proposed revisions to the zoning code, specifically, Section 24-157. There being no further business to come before the board the meeting was adjourned. SIGNED: ATTEST: