02-16-21 CDB AgendaCity of Atlantic Beach
Agenda
Community Development Board (CDB) Meeting
Tuesday, February 16, 2021 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
2.A. Approve minutes of the November 17, 2020 regular meeting of the Community
Development Board.
11.17.2020 CDB Minutes (draft)
3. OLD BUSINESS
4. NEW BUSINESS
Page(s)
3-6
4.A. 50 Forrestal Circle South ZVAR21-0001 (Leiser) 7 - 18
Request for a variance to the platted Building Restriction Line (BRL) at 50 Forrestal
Circle South.
50 Forrestal Circle South ZVAR21-0001 Application
50 Forrestal Circle South ZVAR21-0001 Staff Report
4.B. 725 Atlantic Boulevard UBEX21-0001 (Firefly Bay)
Request for a use -by -exception to allow live entertainment within the Commercial
General zoning district at 725 Atlantic Boulevard.
725 Atlantic Boulevard UBEX21-0001 Application
725 Atlantic Boulevard UBEX21-0001 Staff Report
5. REPORTS
6. PUBLIC COMMENT
7. ADJOURNMENT
19-22
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of
Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233.
Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the
address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should
submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting.
This meeting will be live -streamed and videotaped. To access live or recorded videos, click on the Meetina Videos tab on the
city's home page at www.coab.us.
Page 1 of 22
Community Development Board (CDB) - 16 Feb 2021
If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered
at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence
upon which any appeal is to be based.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities
needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City
Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting.
Page 2 of 22
Present:
MINUTES
Community Development Board (CDB) Meeting
Tuesday, November 17, 2020 - 6:00 PM
Commission Chamber
Linda Lanier, Member (via Zoom)
Jennifer Lagner, Member
Kirk Hansen, Chair
James Moyer, Member
Sylvia Simmons, Member (via Zoom)
Jeff Haynie, Member
Absent: Brian Major, Member
Also Present:
Agenda Item #2.A.
16 Feb 2021
Brenna Durden, City Attorney (CA)
Valerie Jones, Recording Clerk
Amanda Askew, Planning and Community Development Director (PCDD)
Brian Broedell, Principal Planner
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Chair Hansen.
2. APPROVAL OF MINUTES
A. Approved minutes of the October 20, 2020 regular meeting of the Community
Development Board.
MOTION: To approve the
Community Development Board.
Motion: Jeff Haynie
Second: Jennifer Lagner
Linda Lanier
Jennifer Lagner (Seconded By)
Kirk Hansen
James Moyer
Sylvia Simmons
Jeff Haynie (Moved By)
Motion passed 6 to 0.
3. OLD BUSINESS
There was no old business.
minutes of the October 20, 2020 regular meeting of the
For
For
For
For
For
For
Community Development Board (CDB)
November 17, 2020
Page 3 of 22
Agenda Item #2.A.
16 Feb 2021
4. NEW BUSINESS
A. ZVAR20-0017 PUBLIC HEARING (Maryann Lambertson)
Request for a variance to increase the structural projection allowed into the front
yard and increase the maximum fence height allowed in the front yard at 89 Dewees
Avenue.
STAFF REPORT: Planner Broedell presented the information as explained in the
staff report. He also provided a PowerPoint presentation.
Ms. Lanier asked if the part of the home that encroaches into the setback was removed,
is there anything in the code that allows the new addition to be grandfathered. Planner
Broedell said it could not. Ms. Simmons had questions regarding the 6' foot fence on
the west side of the property. Planner Broedell said that was allowed because it is in
the side yard. Mr. Moyer asked if there was any height restriction on landscaping for
the front yard. Planner Broedell said only for corner lots in regards to traffic and
visibility issues.
Ms. Durden held the swearing in of both applicants and all public speakers.
APPLICANT COMMENT: Maryann Lambertson introduced herself as the owner of
the property. She explained her goal of bringing it back to its original structure built in
1961 by Bill Morgan. Ms. Lambertson said that she has spoken to her surrounding
neighbors and they are in support of the project.
Ms. Simmons asked about the front addition that the applicant said was open air. Ms.
Lambertson said the walls are solid and the top is open.
Chris Lambertson, the builder for the project, explained that the house had been
changed and pieced together since it was designed by Bill Morgan. He said the Ms.
Lambertson said that when the 2 -story front addition is removed they are trying to
create a space for private outdoor seating. Ms. Lanier asked what the interior square
footage was.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There
were no public comments.
BOARD DISCUSSION: Ms. Lanier spoke about the history of the home and would
like to work with the owner to make it a livable. She liked that the owner wanted to
keep the structure and not tear it down and build a huge house. Ms. Simmons felt like
the front fence/wall was too tall but agreed that she would like to work with the owner.
Mr. Moyer also took issue with the fence height. Mr. Haynie didn't see where the
request had met any of the conditions for approval. Ms. Lagner was conflicted due to
the history of the home but also felt that it had not met any of the conditions. Chair
Hansen didn't have an issue with it going over the setback line as it currently does. He
did have trouble with the fence in the front yard and its height.
Community Development Board (CDB)
November 17, 2020
Page 4 of 22
Agenda Item #2.A.
16 Feb 2021
MOTION: To APPROVE ZVAR20-0017 with the condition to tear down the non-
conforming portion, allow the pergola and require the portion of the fence encroaching into the
20' setback be 4' tall.
Motion: Sylvia Simmons
Second: Linda Lanier
Linda Lanier (Seconded By) For
Jennifer Lagner For
Kirk Hansen For
James Moyer For
Sylvia Simmons (Moved By) For
Jeff Haynie Against
Motion passed 5 to 1.
B. ZVAR20-0018 PUBLIC HEARING (Chris Lambertson)
Request for a variance from Section 24-82 to exceed the maximum side yard
projection at 272 3rd Street.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation. Director Askew informed the
Board that there were 2 emails with public comments regarding this variance.
APPLICANT COMMENT: Chris Lambertson of 960 Paradise Circle introduced
himself as the applicant. He explained that he was trying to get a more aesthetic look
to the porch by extending the depth into the corner side yard. Mr. Lambertson said he
couldn't put his garage on 3rd Street because there wasn't enough depth to park your
car without it hanging out into the road. He said his hardship is that it's a corner lot, a
sub -standard size lot on a busy street. Mr. Lambertson said the porch would be 5 feet
from the property line, not the street.
Ms. Simmons explained that she had a similar situation with her home so her porch
ended up with a 2' deep porch where the pillars close to the front of the house. Mr.
Lambertson said that is what they would do if the variance isn't approved. He said it
wouldn't be as attractive as the current design.
PUBLIC COMMENT: Ken Brown of 42 3rd Street agreed that architectural
embellishments are important and he spoke in favor of the variance. Mary Beth
Koechlin of 276 Ocean Boulevard introduced herself as the neighbor and spoke against
the variance and in favor of the code. Kira Mauro of 317 East Coast Drive introduced
herself as a neighbor. She spoke against the variance due to the adverse effects it
would have in regards to beach parking and blocking her driveway.
Community Development Board (CDB)
November 17, 2020
Page 5 of 22
Agenda Item #2.A.
16 Feb 2021
BOARD DISCUSSION: The board discussed the lack of a condition for approval.
Chair Hansen agreed that the aesthetics don't warrant the approval of a variance.
MOTION: To DENY ZVAR20-0019 due to the lack of a condition in Sec. 24-65(c) to
approve.
Motion: Linda Lanier
Second: Jennifer Lagner
Linda Lanier (Moved By) For
Jennifer Lagner (Seconded By) For
Kirk Hansen For
James Moyer For
Sylvia Simmons For
Jeff Haynie For
Motion passed 6 to 0.
5. REPORTS
There were no reports.
6. PUBLIC COMMENT
There were no further comments.
7. ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 6:56 p.m.
Attest:
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
November 17, 2020
Page 6 of 22
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME Kyle Leiser and Leia Leiser
ADDRESS 50 Forrestal Circle South
PROPERTY LOCATION 03124 - Atlantic Beach Villa Unit 1
Agenda Item #4 A.
1 1
FOR INTERNAL OFFICE USE ONLY
FILE # ZVAR21-0001
EMAIL kyleleiser@yahoo.com
CITY Atlantic Beach
PHONE# NA
STATE FL
ZIP CODE 32233
CELL # 321-543-5423
RE# 171758 BLOCK # 2 LOT # 8
LOT/PARCEL SIZE 10,035 Square Feet ZONING CODE RS -2 UTILITY PROVIDER SEA and Atlantic Beach
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION y, ,l �T k\ 2 4,
PROVISION FROM WHICH VARIANCE IS REQUESTED Set Back
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
YES QX NO (if yes, this must be submitted with any application fora Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 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 reauested.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for aII
purposes related to this application.
3. Survey and legal description of property for which Variance is sought.
4. Required number of copies: four (4) copies, except where oriainal plans. photoaraphs or documents that are not laraer than
11x17 inches are submitted. please provide eiaht (8) copies of any such documents.
5. Application fee of $300.00.
1 HEREBY GER, fY TH ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
SIGNA
GN UR
SIAPPLICANT (2)
Signed and sworn before me on this
day of
Kyle Leiser
PRINT OR TYPE NAME
Leia Leiser
PRINT OR TYPE NAME
Identification verified: ` ::.L,S
Oath Sworn: es r7D Nc.. ,,
` , LORI DIAZ
•, :iz MY COMMISSION # GG 270336
A�: EXPIRES: November 13, 2022
19 VARIANCE APPLICATION 08.25.20 `) 'F't,f ;'�'' Boded PIN Notary PubIo Underw held
Z 2-I by
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otary Signature
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DATE
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DATE
State of FA,/
County of„a4
y Commission expires
Page 7 of 22
Agenda Item #4.A.
........... .. ... .. .............._
The following paragraph sets forth reasons for which a Variance may be approved, please cacketirl
circumstances that apply to your request and briefly describe in the space provided.
Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the
following reasons.
O 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.
Due to the 30' Build Restriction Line and the orientation of the front/back/side yard building lines, our property is pinned in the North West corner
of the lot, restricting —S0% of the side yard from use. The proposed addition would bring our 925 sq. ft. home up to —1,400 sq. ft., allowing
more room for our growing family. Many of our neighbors on the street have added comparable additions to expand their living space.
1 0 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
1 improvements upon the property.
XD 5. Irregular shape of the property warranting special consideration,
We have a corner lot which is ordinarily ideal, however due to the irregular angles of the Build Restriction Line, we can't utilize the substantial side
yard of the lotto expand our home.
El 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request
is inaccordance 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.
b. 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.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re -submittal. If an application for a Variance 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.
e. Time period to implement Variance. 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.
f. 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.
19 VARIANCE APPLICATION 08.25.2020
Page 8 of 22
Agenda Item #4.A.
ADDITIONAL COMMENTS: 16 Feb 201
The addition we are proposing is primarily inside the property build lines for the front/back/side yards. Only a partial piece of the additional falls
outside the 30' Build Restriction Line, which we is our reason for requesting this variance.
We believe it adds context to mention that we are both born and raised beaches natives and have lived at this property for five happy years. We
love being a part of the Atlantic Beach community and have especially enjoyed seeing the revitalization of other homes on our street, along
with our historic Mayport corridor as a whole. We want nothing more than to continue living in our home for years to come, and for our house
to expand to meet the needs of our growing family as our neighbor's homes have done. We appreciate the time and consideration of the
Community Development Board Members who are reviewing this variance request, thank you.
-Kyle and Leia Leiser
19 VARIANCE APPLICATION 08,25.2020
Page 9 of 22
MAP SHOWING BOUNDARY SURVEY OF
LOT 8, BLOCK 2, ATLANTIC BEACH VILLA UNIT NO. 1, AS RECORDED IN PLAT BOOK
PAGES 56, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
CERTIFIED TO:
KYLE LEISER AND LEIA LEISER
BANK OF ENGLAND
ATLANTIC COAST TITLE & ESCROW
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
LOT 7
BLOCK 2
0.8' NORTH
0.16' EAST
2.0
0.8
CATCH
BASIN
LOT 9
BLOCK 2
N 82'43'581I"E
62'362° E
Ln 1,4/ �x
2.3'
2.0
PLAT)
741895 (MEASURED)
0.7'
Agenda Item #4 A
16 Feb 2021
30,
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LEGEND:
—X— = FENCE
CD= CONCRETE
Q = SET 1/2" REBAR STAMPED PSM#6146
• = FOUND 1/2" IRON PIPE NO IDENTIFICATION
(UNLESS OTHERV4SE NOTED)
= 4"x4" CONCRETE MONUMENT
PC = POINT OF CURVATURE
cit
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PRC = POINT OF REVERSE CURVATURE Page 10 of 22
nnn _ nrvxlT nC nniionimin MIIOWATIAC
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LEGEND:
—X— = FENCE
O'+ = CONCRETE
0 = SET 1/2" REBAR STAMPED PSM#6146
• = FOUND 1/2" IRON PIPE NO IDENTIFICATION
(UNLESS OTHERVASE NOTED)
• = 4"x4" CONCRETE MONUMENT
A/C = AIR CONDITIONER
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PC = POINT OF CURVATURE PRC = POINT DF REVERSE CURVATURE
PT = POINT OF TANGENCY PCC = POINT OF COMPOUND CURVATURE
NOTES:
1. BEARINGS ARE BASED ON THE PLAT BEARING OF N 20'25'35" E ALONG THE
NORTHWESTERLY BOUNDARY UNE OF SUBJECT PARCEL.
2. BY GRAPHIC PLOTTING ONLY THE CAPTIONED LANDS LIE WITHIN FLOOD ZONE AE " , AS SHOWN ON THE
NATIONAL FLOOD INSURANCE MAP DATED JUNE 3, 2013, COMMUNITY NUMBER 120077, PANEL _
3. THIS SURVEY REFLECTS ALL EASEMENTS & RIGHTS OF WAY AS PER RECORDED PLAT &/OR TITLE COMMITMENT OR
OTHER DOCUMENTS PROVIDED BY CLIENT, IF SUPPLIED. UNLESS OTHERWISE STATED, NO OTHER TITLE VERIFICATION
HAS BEEN PERFORMED BY THE UNDERSIGNED.
4. THIS SURVEY IS NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL.
JOB # 35875 1 DATE OF FIELD SURVEY: 08-04-18
LAND SURVEYS
Ray Thompson
SURVEYING Inc. I HEREBY CERTIFY THAT THIS
AND MEETS THE STANDARDS
BOARD OF PROFESSION L
Going the the DISTANCE for Youl ADMINISTRATIVE C
1825 University Boulevard West
Jacksonville, Florida 32217
(Phone) 904-448-5125 REGISTERED SUR
(Fax) 904-448-5178 L
0 CONSTRUCTION SURVEYS
CERTIFICATE
Agenda Item #4.I►.
16 Feb 2021
REVISIONS
DATE DESCRIPTION
SCALE: 1" 20'
DE UNDER MY RESPONSIBLE CHARGE
T FORTH BY THE FLORIDA
S I _ CHAPTER 5J-17, FLORIDA
LORIDA STATUTES,
145 STATE OF FLORIDA
7469
BDIVISIONS
Page 11. of 22
Doc # 2018197966, OR BK 18500 Page 1068, Number Pages: 2,
Recorded 08/22/2018 08:46 AM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVALA 1{m #4.A.
RECORDING $18.50 DEED DOC ST $1218.00 16 Feb 2021
Prepared by and return to:
Maria Coutu
Attorney at Law
Atlantic Coast Title & Escrow, LLC
317 4th Avenue North
Jacksonville, FL 32250
904-372-4834
File Number: 20185030
Will Call No.:
[Space Above This Line For Recording Datal
Warranty Deed
This Warranty Deed made this 15th day of August, 2018 between Patricia A. Hutfles and James F. Hutfles, as
Trustees of the J & P Hutfles Family Trust under Agreement dated November 23, 2015 whose post office address is
1614 Arrowhead Trail, Neptune Beach, FL 32266, grantor, and Kyle S Leiser and Leia A Leiser, husband and wife
whose post office address is 50 Forrestal Circle S, Atlantic Beach, FL 32233, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Duval County, Florida to -wit:
Lot 8, Block 2, ATLANTIC BEACH VILLA, UNIT NO. 1, according to the Plat thereof, as recorded
in Plat Book 30, Page 36, Public Records of Duval County, Florida.
Parcel Identification Number: 171758-0000
Together with all the tenements, hereditaments and appurtenances thereto belonging 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 grantor 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, 2017,
int WtitnesS Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubteTime°
Page 12 of 22
OR BK 1 8 5 0 0 PAGE 1069
Signed, sealed and delivered in our presence:
at 1 a (
Witness Name: V 1/1-Gt r; a Opc/44.
Witness Name: Tt, ie,- 4-0 v1-1
('4SWitne game: 046.44 ealk„,
Witness
State of Florida
County of Duval
1‘f Rr- 4--ta
Patricia A Hutfles
(Seal) V/141 r
(Seal)
Agenda Item #4.A.
16 Feb 2021
The foregoing instrument was acknowledged before me this 1 5th day of August, 2018 by Patricia A Hutfles, who L] is
personally known or [X] has produced a driver's license as identifii anon.
[Notary Seal]
, MARIA DIMAR7tN0 COUTti
\ Notary Public - State or Merida
Con^rrissior GG ',72167
;,:y My Corm-. Exoves APrn 2C22
screit .7t7.-cr 'act
Notary Pu(lic
Printed Name: Maria Coutu
My Commission Expires: April 29, 2022
Warranty Deed - Page 2 DoubleTImet
Page 13 of 22
Page 14 of 22
' !h11!I1I•1II11 iRnw11.
16 Feb 20. L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0001
Request for a variance to the platted Building Restriction Line (BRL) at 50
Forrestal Circle South.
LOCATION 50 Forrestal Circle South
APPLICANT Kyle and Leia Leiser
DATE February 16, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicants, Kyle and Leia Leiser, are the owners of 50 Forrestal Circle South. This property is located
on the corner of Forrestal Circle South and Forrestal Circle North., within the Residential, Single- Family
(RS -2) zoning district.
The applicants would like to build an addition on the
south side of the existing single family home. The
applicant is requesting a variance to section 24-17 to
allow an addition to exceed the 30ft Building Restriction
Line in this subdivision. Section 24-17 of the Land
Development Regulations "building restriction line
(BRL) shall mean the line(s) extending across the front,
sides, and/or rear of a lot or the property, as depicted on
a platted lot of record. Building shall be contained within
building restriction lines. Building restriction lines,
which may require a greater building setback than the
minimum yard requirement of the applicable zoning
district, and which have been recorded upon a final
subdivision plat approved and accepted by city staff,
shall be enforceable by the city".
8 'Z
10
14
.7 t
' 4
1 8
701
tai
7
7
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11000
4
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Based on the city codes the south side of the property is considered the front yard and east side is
considered the side yard. Section 24-17 of the Land Development Regulations "lot, corner shall mean 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. Unless conflicting with the prevailing development
pattern of the adjacent lots, 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 of the 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".
Currently, the south side of the house meets the 30 foot Building Restriction Line established in the plat
for this lot. The addition is proposed to extend beyond the 30 foot BRL but will not exceed the 20 foot
required front yard setback and minimum 5 -foot side yard setback in the RS -2 zoning district.
Proposed 25' by
18' addition
16 Feb 20-.- L
30 ft Building
Restriction Line
20' front yard
set back
Page 2 of 4
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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.
The applicant stated the 30' Building Restriction Line and the orientation of the front/back/side yard
building lines has pinned the property to the north West corner of the lot, thus restricting
approximately 50% of the side yard from use. The proposed addition would bring the 925 sq. ft.
home up to about 1,400 sq, ft. Many neighbors had added comparable additions to expand their
living spaces.
(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.
The applicant stated that the irregular angles of the Building Restriction Line restricts the buildable
area of the substantial side yard to expand the house.
(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 4
��i�n�!Iululun1
The Community Development Board may consider a motion to approve ZVAR21-0001, requestltFRb 20'1
variance to allow construction of a pergola beyond the 48" maximum structural projection 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 he 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 si:e 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 ZVAR21-0001, request for a
variance to exceed the Building Restriction Line as depicted on the plat of this lot.
Page 4 of 4
US E-1,3Y-li X CIF, irf N N
City of Atlantic Beach
munityr)ev0(„4")rnerit Depart 01(..Jrnt
800 Sert)in(k:J.,. IJR..)ad AtidiOk 3n h, r
(F) 904-247-5800
APPLICANT INFORMATION
NAME ZI.04.a.
AgeflUd nefil ft4+.13.
16 Feb 2021
FOR INTERNAL OFFICEUSE ONLY
UBEX21-0001
EMAW„„C 4 /77 to, tly 2,s oo (ac
ADDRESS ("742 c:”) IN_ 4, (01 06.?„; , j(,,jj' CITY CJI „dv„kj(LIL11.4, AH( r;r1 ZNP ("ODE
2 -2
PROPERTY LOC Al- I 0 N " „. j „e PHONE 4' /„T----,,jt/jr: .0/S-`1),,5-7..„17(?219
RE#
LOT/PARCEL SIZE
BLOCK It
143LOl L,.?
""/
ZONING CODE LITiLETY PROVID1R
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
REQUESTED USE -BY -EXCEPTION
2e:J4.11,-
Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the
City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this
application may be used if desired. Please address each item as appropriate to this request,
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories
and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses.
2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above,
3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application,
4. Survey and legal description of property sought to be rezoned (Attach as Exhibit R).
5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or
colored attachments are submitted, please provide eight (8) copies,
6. Application fee of $400.00.
EBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
ere/..4
PRINT OR TYPE NAME
,\ kh 1—Dilbknti
PPLICANT (2) PRINT OR TYPE NAME
m
Signe' / and sworn .efore me on this—day of
hic) 14 PO
Identification verified:
Oath Sworn: Yes
/I,na Lurkt,r
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18 USE 8Y EXCEPTION 07.08.2019
7—ark1/011"
SHEA JONES
ot ry Public • State of Florida
Commission 1 GG 349821
My Comm, Expires Jun 30, 2023
by State of
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County of
Notary Signature
06/ My Commission expires _
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MgeTTEllriterl.
16 Feb 2021
EXHIBIT A.
The review of ah appiicaiori for a Use by -Exception shall ((insider the foffiviing iterthi. Please arffiress each of the following ais
applicable to your specific apolicalion„
1, ingress and egress to iirorietty clod opiasecti i 1i''', thereon with pmticilar refererici!: to v!ifik...uhr arid rim) safety ond
COnVenienCe, ti a MC27 tk..)W Orid ctint 11)1 Ond ( )011, ot tire or (3ta!!Jroph,,,I,,,
‘-',52•1Seh "r("'"V /07":? ./(00 4 b.' !g !c. "4 ' -11) ts,"4- 0
A I.0914. (4!...1"1
2, Parking and loading spai(!s, whore wituired, with particular attention the items in !II ) above„
A a )
3. "The potential for any advers(.! impacts to adjoining j.)roperties and properties generally in the arearesulting horn ext.)..essIve
glare and lighting, odor, traffic and similar characteristics of the Use-by-h,xception being requested.
<yi A A v(<.. ///
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above,
5, Utilities, with reference to locations, availability and compatibility,
o 1 s We s GOt._ 441 --ca
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the
adjacent use.
i/jt/j4.... c_ p0L s 4v01 f 4) -14 -;;IL 014-4:cf.JJIX
t 't-','
7
Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony
with properties in the District (see Signs and Advertising, Chapter 17),
/V 4
8. Required yards and other open space, show building setbacks and area of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with
applicable provisions of the Comprehensive Plan,
(,1 arifit h
10. Other information you may wish to provide.
.2),(2 h4 "13 C—
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1
18 USE BY EXCEPTION 07.08.2019
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
16 Feb 20. L
AGENDA ITEM 4.B
CASE NO. UBEX21-0001
Request for a use-hv-exception to allow live entertainment within the Commercial General zoning district
at 725 Atlantic Boulevard.
LOCATION 725 Atlantic Blvd., Suite 6 (RE#171363-0000)
APPLICANT Firefly Bay
DATE February 16, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is Firefly Bay, on behalf of the
owner of the property (Atlantic -Penman LLC)
for the property located at 725 Atlantic Blvd
(suite 6). This property is zoned Commercial
General (CG) and is located in the North Beach
Shopping Center. They will be located in the
tenant space that was formally North Beach
Bistro. The applicant is seeking a use -by -
exception for live entertainment.
They are proposing the live entertainment in
conjunction with a restaurant. The restaurant
portion is a permitted use in the CG zoning
district. Section 24-112(c)(3) requires a use -by -
exception for live entertainment.
1
Atlantic Blvd.
The multitenant shopping center has a mixture of restaurants and retails uses. The uses and zoning on the
east, south and west are similar. The property located to the north is residential. The Board may consider
placing conditions on the use -by -exception if approved, such as condition of hours and noise levels.
The Comprehensive Plan designates this area as Commercial which is intended to provide appropriate
locations for neighborhood and community businesses providing services and retail sales for the City and
the closely surrounding communities.
Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and
includes that after 10:OOpm on weekdays and after 11:OOpm on weekends noise violations are strictly
enforced.
SUGGESTED ACTION FOR APPROVAL
II,1!II1!IIIUlIP1111R1r1* .
16 Feb 20. L
The Community Development Board may consider a motion to approve the requested use -by -
exception (UBEX21-0001) to allow live entertainment within the Commercial General (CG)
zoning district at 725 Atlantic Blvd. suite 6 provided:
1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to
be consistent with the uses permitted in the CG zoning district with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
SUGGESTED ACTION FOR DENIAL
The Community Development Board may consider a motion to deny the requested use -by -
exception (UBEX20-0002) to allow live entertainment within the Commercial General (CG)
zoning district at 725 Atlantic Blvd. suite 6 provided:
1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this use -by -exception is not in compliance with the requirements of Section 24-
63, Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found
to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of
use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any
nearby residential uses.
Page 2 of 2