319 12th Street LOT Division 09.25.2003 j-V- .rJyCITY OF ATLANTIC BEACH
0 BUILDING AND PLANNING
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TELEPHONE:(904)247-5800
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http://ci.atlantic-beach.fl.us
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September 25, 2003 tit
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Richard M. Beaver
319 12th Street
Atlantic Beach, Florida 32233
Re: Division of 319 12th Street (Lot 25, Block 1, Selva Marina subdivision, Unit 1)
Dear Mr. Beaver:
I write in reply to your inquiry regarding the division of your lot into two single-family
residential lots. Section 24-255 (a) of the City's subdivision regulations requires all new
residential lots to have a minimum width of 75-feet at the Building Restriction Line, and
100-feet of lot depth, resulting in a minimum lot size of 7500 square. Your lot is a
roughly 150-foot by 135-foot corner lot containing approximately 20,038 square feet of
lot area. The width, depth and area of your lot are sufficient to create two lots in
accordance with the subdivision regulations. Further, this division would be exempt from
re-platting requirements, subject to compliance with the requirements of Section 24-189,
which I have attached.
Please be mindful of two issues that would apply to future development upon the
proposed new lots: the existing residence would have to be demolished so that no
nonconforming structures were created on either of the two new lots; and secondly, Unit
One of the Selva Marina subdivision contains platted Building Restriction Lines, which
are significantly greater than the required zoning setbacks. Future development would be
subject to those platted Building Restriction Lines.
I believe that Section 24-189 is fairly clear in explaining the procedure to create the lot
division, but please feel free to call me at 247-5817 with any questions.
Sincerely,
%,..e..a...c./?..A...—
Sonya D rr, AICP
Community Development Director
Enclosures
•
(3) Needs for convenient access, circulation, control and safety of Street and pedestrian traffic and
fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting
Streets, except that the City Commission may approve blocks of greater length.
Sec. 24-255. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall
be appropriate for the location of the Development and for the type of development and Use
proposed. Lot arrangement and design shall be such that all Lots shall provide satisfactory and
desirable Building sites. In no event shall a residential Lot created after the initial effective date of
these Land Development Regulations have a width of less than seventy-five (75) feet at the Building
Restriction Line, or shall it contain less than seven thousand, five hundred (7,500) square feet unless
approved as part of a Planned Unit Development.
(b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the
depth and width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for the off-Street service and parking facilities required by the type of Use and
Development proposed.
(c) Residential Corner Lots. Corner Lots for residential Use shall have extra width, greater than a
corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to
both Streets.
(d) Street access. All Lots shall be provided with satisfactory and permanent access to a paved public
Street. No new Lot shall be created, which prohibits established access or reasonable access to an
Abutting Property.
(e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be
avoided.
(f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance
with approved Final Subdivision Plat, and such Building Restriction Lines shall be shown on the
recorded Plat.
Sec. 24-256. Provision for required recreation.
New Subdivisions containing ten (10) or more acres shall be required to provide a minimum of one acre
dedicated for recreation purposes. A requirement of one acre per each ten(10) acres, or fractional portion
thereof, shall be required for new Subdivisions exceeding ten (10) acres in size. A minimum of fifty (50)
percent of Lands required for recreation shall contain active recreation facilities such as ball-fields or
multi-purpose fields, tennis courts, skateboard facilities, swimming pools and the like.
Sec. 24-257. Required Monumentation.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in Streets,
and at intermediate points as shall be required by the designated Administrative Official.
Ordinance Number: 90-01-172 Initial Effective Date: January 01,2002
Adopted: November 26,2001 103 with Amendments through May 12,2003
Sec. 24-189. Exemptions from the requirement for approval and recording of a Final
Subdivision Plat or Replat.
(a) Building Permits may be issued following divisions of Land without the need for approval of a Final
Subdivision Plat or a Replat only in accordance with each the following provisions.
(1)The division results in no more than two(2)contiguous Lots or Parcels.
(2)The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access
requirements of the applicable Zoning District,the Comprehensive Plan and all other applicable
requirements of these Land Development Regulations.
(3) The division and the resultant new Lots shall not create any Nonconforming Structures or any
other Nonconforming characteristic.
(4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed
new lots verifying compliance with the above requirements. Such Certified Survey shall be
submitted to the City and approved prior to recording of a deed for transfer of ownership of
Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the
property owner(s)to provide evidence of the approved Certified Survey along with any
application for Building Permits.
(b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family
Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of
a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with
these Land Development Regulations and the Comprehensive Plan.
Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel.
In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed
as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all
requirements for Development as a single Lot shall be met, including but not limited to Impervious
Surface Area limitations and provision of all Required Yards for all Structures.
Sec. 24-191. Waiver.
(a) General. Where the City Commission finds that undue hardship due to unreasonable practical
difficulties may result from strict compliance with this Article, the City Commission may approve a
waiver to the requirements of this Article if the waiver serves the public interest.
(b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written
request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The
City Commission shall not approve a waiver unless it determines as follows.
(1) The particular physical conditions, shape or topography of the specific property involved causes
an undue hardship to the Applicant if the strict letter of the Article is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for which
Ordinance Number: 90-01-172 Initial Effective Date: January 01,2002
Adopted: November 26,2001 88 with Amendments through May 12,2003
Sec. 24-104. Residential, Single-family Districts. (RS-1)
(a) Intent. The RS-1 Zoning Districts are intended for development of low Density Single-family
residential areas. All Development of Land and Parcels within the RS-1 Zoning Districts shall
comply with the residential Density limitations as set forth in the adopted Comprehensive Plan for the
City of Atlantic Beach, as may be amended.
(b) Permitted Uses. The Uses permitted in the RS-1 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Buildings and facilities.
(c) Uses-by-Exception. In the RS-1 Zoning Districts,the following Uses-by-Exception may be permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the RS-1
Zoning Districts shall be as follows:
(1) Lot or site area: 7,500 square feet.
(2) Lot width: 75 feet.
(3) Lot depth: 100 feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS-1 Zoning Districts shall
be as follows:
(1) Front Yard: Twenty(20) feet.
(2) Rear Yard: Twenty(20) feet.
(3) Side Yard: Seven and one-half(7.5)feet.
(f) Building Restrictions. The Building Restrictions in the RS-1 Zoning Districts are:
(1) Maximum Impervious Surface: Fifty(50) percent.
(2) Maximum Building Height: Thirty-five(35)feet.
Ordinance Number: 90-01-172 Initial Effective Date: January 01,2002
Adopted: November 26,2001 41 with Amendments through May 12,2003
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RE# Name Address Total Acres Plat map Legal Descriptions Flood Zone LandUse Zoning ENT
Value Book Panel
319 23-004 16-2S-29E
171910 0000 BEAVER 12TH ST 285700 0.46 0001 558 1 SELVA MARINA UNIT NO 1 Not in Flood
RICHARD M LOT 25 BLOCK 1 Zone
32233
http://maps.coj.net/WEBSITE/DuvalMA.ps/toolbar.asp 9/25/2003