46 15th Street LETTER 10.08.2014 (James Dupree)
October 8, 2014
James Dupree
200 First Street, Suite 206
Neptune Beach, FL 32266
Mr. Dupree,
Staff has reviewed your letter dated October 1, 2014 regarding 46 15 th Street in Atlantic Beach
and the unique characteristics of the lot requiring setback determinations.
Your letter was focused specifically on the setback required along 15 th Street and the effect of
that determination on the rest of the property. While you made strong arguments as to why
the setback along 15th Street should be allowed to be 5 feet, staff must make the determination
that the setback along 15th Street be no less than 10 feet. The Land Development Regulations
clearly define corner lots as, “a lot abutting two (2) or more streets, or at a street intersection or
at a street corner having an interior angle not greater than one hundred thirty -five (135)
degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be
considered the front of the lot. The exterior lot line of the longest side of the lot abutting the
street shall be considered as a side lot and shall have a minimum required side yard of ten (10)
feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements
of the zoning district in which the property is located.” Though this property does not abut an
intersection, that is not required and it does meet the first part of the definition by having
property lines that abut two streets. Since the property line along 15 th Street is the longer of
the property lines along a street it is by definition the side yard and is required to have a 10 foot
setback.
It is important to note that the front yard designation of the corner lot definition is superseded
by Section 24-84(b). Section 24-84(b) states, “Special treatment of ocean-front lots. For lots
having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic
Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the
ocean.”
An issue not discussed in the letter but seen in the diagrams is the determination of setbacks
from the property lines dividing 46 15th Street and 1497 Beach Avenue. Your diagrams show a
10 foot setback from the dividing property line that runs north and south. Staff has determined
that that property line contributes to defining the depth of the property and therefore is part of
the rear property line. This means that the setback from the dividing property line that runs
north and south must be 20 feet as requ ired in rear yards.
City of Atlantic Beach
Building and Zoning
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
Fax (904) 247-5845
http://www.coab.us
If you and your clients disagree with these determinations, then you have the option to seek a
variance as you said you are willing to do. The next deadline for submitting a variance
application is October 27th, 2014.