671 Amberjack Lane ZVAR23-0017 PACKETPUBLIC NOTICE
To whom it may concern,
Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map
below, that a Public Hearing regarding the case described in this notice will be held by the Community
Development Board (CDB) in a hybrid quasi-judicial format will allow for both virtual participation and in-person
participation from the board.
The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800
Seminole Road.
PROJECT Property Location Map
Item No: ZVAR23-0017
Address: 671 Amberjack Lane
(RE #171190-0000)
Applicant: Adam King
PUBLIC HEARING(S)
Body: Community Development Board
Date June 20, 2023
Time: 6:00 PM
Request: Request for a variance to the platted Building Restriction Line (BRL) at 671 Amberjack
Lane.
Summary: The applicant is requesting a variance to build an addition within the 25-foot Building
Restriction Line (BRL) at 671 Amberjack Lane. The proposed addition would meet the
zoning district front yard setback in the Residential, Single-Family (RS-1) zoning district.
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any
matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advi sed that
such person will need to insure that a verbatim record of all proceedings is made, which must include the testimon y and evidence upon
which the appeal is to be based.
All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notic es
https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and
Community Development at aaskew@coab.us or 904-247-5841.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with
the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations
to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (90 4) 247-5800 not less than three days
prior to the public hearing.
Request for a variance to the platted Building
Restriction Line(BRL) at 671 Amberjack Lane.
ZVAR23-0017
671 Amberjack Lane
Site Context and Details
Located on the east side of
Amberjack Lane.
Zoned Residential, Single
Family (RS-1)
25-foot Building Restriction
Line (BRL) across front of
lot
The Royal Palms neighborhood was developed in the early 1960’s.
Original subdivision plats included a uniform 25-foot BRL for all
street frontages and corner lots.
Background
Background
May 2009, City Commission held a workshop & directed
staff to amend the Royal Palms subdivision plat to remove
the 25’ BRL. Properties would need to meet the minimum
setbacks for the RS-1 zoning district.
June 2009, brought to CDB along with other LDR changes.
CDB recommended CC pass the LDR changes.
December 14, 2009, CC directed staff to proceed with
revision of the plat.
At the time, Commission was not advised of the correct
legal process for changing plat.
1.Mailers to over 600 property owners and their mortgage
holders
2.All parties to sign off on removing BRL and replat of
subdivision
Proposed Plan
The applicant is planning to build an addition that is within the 25 ft.
platted BRL.
The proposed addition will encroach 4 feet into the 25 ft. BRL.
Need for Variance
The proposed addition would extend beyond the 25 foot Building
Restriction Line on Bonita Road.
The minimum setback in the RS-1 zoning district in the front yard is
20 feet.
The Royal Palms plat has a 25 ft. BRL that is to be enforced over the
required setback for the RS-1 zoning district.
Considerations
The proposed addition will not exceed the 20 ft. required front
yard set back in the RS-1 zoning district.
City Commission voted to remove the 25 ft BRL in the Royal Plats
subdivision plat, but plats have not been revised.
Community Development Board voted to approve a similar
requests in 2021, 2022, and 2023.
Grounds for Decision
APPROVAL- existence of
one or more of the following
Section 24-65 (c)
DENIAL-
1.Exceptional topographic conditions of or
near the property.
2.Surrounding conditions or circumstances
impacting the property 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 property or after construction of
improvement 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.
The CDB may consider a denial upon
finding that none of the
requirements in 24-65 (c) exist.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.D
CASE NO. ZVAR23-0017
Request for a variance to the platted Building Restriction Line (BRL) at 671
Amberjack Lane
LOCATION 671 Amberjack Lane
APPLICANT Adam King
DATE June 13, 2023
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, Adam King, is the owner of 671
Amberjack Lane. This property is located within the
Royal Palms neighborhood and is zoned Residential,
Single Family (RS-1). The front setback within the
RS-1 zoning district is 20 feet, however this lot has a
25 foot platted Building Restriction Line (BRL)
across the front of the property. Section 24-17 states
that BRLs, which may be greater than the zoning
setbacks, shall be enforced.
Currently, the existing house meets the 25 foot BRL
established on Amberjack Lane. The applicant is
proposing to construct an addition that will encroach
four (4) feet into the 25 foot platted BRL.
The original plats were hand drawn in 1960 and included a uniform 25-foot Building Restriction Line for
all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers
use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the norm or
character of the surrounding structures.
In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25-
foot BRL, such that the standard zoning district would apply (front yard setback of 20-feet). Staff
observed that the most lots in Royal Palms have about 15-feet from the street curb in the right-of-way
prior to the property line, so even with a standard 20-foot setback, the house will still be set back 30-35
feet from the street. City Commission hosted a workshop to discuss this and other Land Development
Regulations updates. As a result, Commission directed staff to amend the Royal Palms subdivision plat to
remove the 25-foot setback. At the December 14, 2009 Commission meeting, Commission approved a
motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions
and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct
legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property
owners and receive written approval from every property owner on the plats. In addition, if the property
has a mortgage on the property the mortgage company must sign off on the plat too. This was not
completed.
Page 2 of 3
ANALYSIS
Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall
be approved only upon findings of fact that the application is consistent with the definition of a variance
and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance
shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent
as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 24-65(c) provides six distinct grounds for the approval of a variance:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property 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 property or after
construction of improvements upon the property.
The applicant said, “removal of BRL was suggested by City Commission in the early 200s. I would
like to encroach the 25’ BRL by 4’, sill within the 20’.”
(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.
REQUIRED ACTION
Page 3 of 3
The Community Development Board may consider a motion to approve ZVAR23-0017, request for a
variance from the platted Building Restriction Line (BRL) upon finding this request is consistent with the
definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds
for approval delineated in Section 24-65(c) and as described below.
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 property 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 property 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.
Or,
The Community Development Board may consider a motion to deny ZVAR23-0017, request for a
variance from the platted Building Restriction Line.