06.15.2021 CDB AgendaCity of Atlantic Beach
Agenda
Community Development Board (CDB) Meeting
Tuesday, June 15, 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 May 18, 2021 regular meeting of the Community
Development Board.
CDB 05.18.2021 Minutes (draft)
3. OLD BUSINESS
4. NEW BUSINESS
4.A. 395 Saturiba Drive ZVAR21-0009 (Cliff Carter)
Request for a variance to exceed the maximum accessory structure height to
build a screened enclosure.
395 Saturiba Drive ZVAR21-0009 Application
395 Saturiba Drive ZVAR21-0009 Staff Report
5. REPORTS
6. PUBLIC COMMENT
7. ADJOURNMENT
Page(s)
3-6
7-16
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 Meeting Videos tab on the
city's home page at www.coab.us.
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 1 of 16
Page 2 of 16
Present:
Absent:
Also Present:
Agenda Item #2.A.
15 Jun 2021
MINUTES
Community Development Board (CDB) Meeting
Tuesday, May 18, 2021 - 6:00 PM
Commission Chamber
Jennifer Lagner, Member
Sylvia Simmons, Member
Brian Major, Member
Jeff Haynie, Member
Richard Schooling, Alternate Member
Linda Lanier, Member
Kirk Hansen, Chair
James Moyer, Member
Brenna Durden, City Attorney (CA)
Amanda Askew, Planning and Community Development Director (PCDD)
Abrielle Genest, Planner
1. CALL TO ORDER AND ROLL CALL
Director Askew announced that there wasn't a Chair for the meeting and asked the Board to
agree to let Sylvia Simmons to Chair the meeting. The Board was in agreement.
The meeting was called to order at 6:00 p.m. by Ms. Simmons.
2. APPROVAL OF MINUTES
A. Approve minutes of the April 20, 2021 regular meeting of the Community
Development Board.
MOTION: To approve the minutes of the April 20, 2021 regular meeting of the Community
Development Board.
Motion: Jeff Haynie
Second: Jennifer Lagner
Jennifer Lagner (Seconded By) For
Sylvia Simmons For
Brian Major For
Jeff Haynie (Moved By) For
Richard Schooling For
Motion passed 5 to 0.
Community Development Board (CDB)
May 18, 2021
Page 3 of 16
Agenda Item #2.A.
15 Jun 2021
3. OLD BUSINESS
There was no old business. Director Askew introduced Richard Schooling as a new alternate
Board member.
4. NEW BUSINESS
A. ZVAR21-0006 PUBLIC HEARING (Richard Powell)
Request for a variance to reduce the minimum rear and side yard setbacks for an
existing shed at 1336 Violet Street.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Mr. Haynie asked if there was a retention pond and what the requirement will be for the
applicant if the variance is approved. Director Askew explained that this property pre-
dates the requirement for retention. She that if this variance is approved Staff would
require retention to be located somewhere else on site along with the filing of the required
deeds and covenants. There was further discussion regarding the retention location and
size. Ms. Lagner asked if the shed was complete. Planner Genest said it was already
complete. Mr. Major asked if it could be moved. Director Askew said they would need
to ask the applicant. He asked what the maximum square footage could be on a shed.
Director Askew said it is a maximum of 150 square feet.
APPLICANT COMMENT: Ms. Durden asked the applicant and anyone planning on
speaking (including staff) to raise their hand. She held the swearing in.
Richard Powell introduced himself and his wife Jennifer as the applicants. Jennifer
Powell presented pictures to the Board. She explained the history of the shed and
apologized for not getting a permit before installing it. Mr. Powell said the shed was
completed 16-18 months ago. Mr. Haynie asked about the foundation. Mr. Powell said
it is off the ground and the posts were in concrete. Mr. Haynie asked why they picked
the spot where they built the shed. The Powell's said it was the flattest portion of the
yard and they already had a shed located there. Mr. Haynie asked whether they have
applied for a permit. Mr. Powell said he received a stop work order so he applied for a
permit and was then told he would need a variance. Mr. Major asked how far the shed
was from the property line. Mr. Powell said it is over 2 feet from the property line.
Director Askew said the survey doesn't show the fence and another survey would have
to be done to get an accurate measurement.
PUBLIC COMMENT: There were no public comments.
BOARD DISCUSSION: Ms. Lagner asked for clarification on the retention. Director
Askew said that if it the variance is approved then an engineer would have to verify if it
still has the capacity to hold the storm water. Mr. Haynie said he could see the variance
fitting condition #3 (exceptional circumstances). Mr. Major did not see reason for
approval. Ms. Lagner said that based on the water issue in the yard, she doesn't have a
problem with approval. Mr. Schooling agreed that the fact that the shed is on piers and
Community Development Board (CDB)
May 18, 2021
Page 4 of 16
Agenda Item #2.A.
15 Jun 2021
the water can flow underneath works in the applicant's favor. Ms. Simmons wasn't sure
that condition #6 (sub -standard size of the lot) was qualification for approval. She did
think that condition #1 (exceptional topography) might be more suited. Mr. Major said
he couldn't see condition #6 fitting this situation.
Ms. Durden explained that if the Board was to make a motion to approve that they add a
condition for the applicant to comply with the on-site retention requirement since the
current location of the shed takes away from that. She said that with a condition it would
give Staff the right to see whether or not there is enough retention. Ms. Durden added
that the recording of the deed restriction should also be part of the condition.
Ms. Lagner asked if the applicant would have to pay for a survey and engineering to do
that. Director Askew said that the applicant would probably have to get an updated
survey which would be submitted to the Director of Public Works and he would do the
calculations. Ms. Lagner was concerned about the financial impact if they were required
to do that. Mr. Haynie said that it was his understanding that it would probably be a
requirement due to the code even if the Board doesn't make it a condition. He said that
the lack of a permit was a code enforcement issue and he believed the approval for a
variance easily fits under #3 and potentially #1, #4 and #6.
MOTION: To APPROVE ZVAR21-0006 on the condition that the applicant complies with
the water retention requirements and record a deed restriction that reflects that compliance in
the future.
Motion: Jeff Haynie
Second: Sylvia Simmons
Jennifer Lagner Against
Sylvia Simmons (Seconded By) For
Brian Major For
Jeff Haynie (Moved By) For
Richard Schooling For
Motion passed 4 to 1.
5. REPORTS - There were no reports.
6. PUBLIC COMMENT - There were no further comments.
7. ADJOURNMENT
There being no further discussion, Chair Simmons declared the meeting adjourned at 6:42 p.m.
Attest:
Community Development Board (CDB)
May 18, 2021
Page 5 of 16
Agenda Item #2.A.
15 Jun 2021
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
May 18, 2021
Page 6 of 16
VARIANCE APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME C11• i C4' ler
ADDRESS ,iLi 0 /Ilea ) y 4)- f CITY
PROPERTY LOCATION 3c3-6- V G lu f i bG, Dr
RE# ,31p- SG) - E BLOCK #
LOT/PARCEL SIZE ZONING CODE P iJ ,J
FOR INTERNAL Yetti jVln 202
FILE # ZVAR21-0009
EMAIL ill 0069,Coan-1
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4)/00g( cti STATE rt., ZIP CODE ,3<,(9.33-'
PHONE # q 0 L, 'me.3`/L/S'CELL #
LOT# L f - JeI vti Pl61r;nc 01; Hoc,
UTILITY PROVIDER 41lfic; II('
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
PROVISION FROM WHICH VARIANCE IS REQUESTED J^e h 9- I g- () ( ) (e )
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
❑ YES [x 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 requested.
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 all
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 original plans, photographs or documents that are not larger than
11x17 inches are submitted, please provide eight (8) copies of anv such documents.
5. Application fee of $300.00.
HEREBY CERTIFY TkIAT, LL INFORMATION PROVIDED I5 CORRECT: Signature of Property Owner(s) or Authorized Agent
SIGNArURR �'XPPLICANY
e/J, (r /et
PRINT OR TYPE NAME
SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME
Signed and sworn before me on this 2 LI day of M[ ,Y
Identification verified: br;;l �( f,C� 1-. i [/V5'5
Oath Sworn: ❑ Yes No
19 VARIANCE APPLICATION 08.25.2020
, 2e,2 1 by State of
,S/cif /
DATr
DATE
(L
County of i UVAL.
Notary Signature
My Commission expires 2 �/2'3123 rage 7 of 1G
Agenda Item #4.A.
The following paragraph sets forth reasons for which a Variance may be approved, please chelakfil2e21
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.
nX 1. Exceptional topographic conditions of or near the property.
The home is a two story structure. There is a 2nd floor walkway along the back of the house with a spiral staircase. The proposed screen enclosure
would meet the current roof line of the home. Limiting the screen enclosure to 15 ft would make the entire walkway and staircase unusable.
❑ 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.
I] 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 16
ADDITIONAL COMMENTS:
The proposd pooenclosure is in keeping with other such structures in the same neighborhood.
1
,vVARIANCE APPLICATION nu.2a2020
15 Jun 21121
Page 9 of 16
of Atlantic BeachOWNER'S AUTHORIZATION FOR AGENT
City
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OWNER INFORMATION
NAME Sean Keane
ADDRESS 395 Saturiba Dr
, CITY Atlantic Beach
AGENT INFORMATION
NAME Cliff Carter
ADDRESS 1840 Mealy St S
CITY Atlantic Beach
STATE FL
STATE FL
Agenda Item #4.
15Jun 202�
PHONE#
CELL #
ZIP CODE 32233
PHONE # 904-746-3445
CELL #
ZIP CODE 32233
/.//'y/ Ccr1er ishereby authorized toact onbehalf of C3eon Kew,
the ownerof those lands described within the attached application and as described in the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
0BUILDING PERMIT
[lTREE PERMIT
Ei SIGN PERMIT
I HEREBY CEI3TIFY THAT
~5\GN/AURE
SIGNATURE OF OWNER #2
F7U ON
ZONING VARIANCE
0 ZONING MAP AMENDMENT
0 COMPREHENSIVE PLAN AMENDMENT
Ei PLATREPLAT OR LOT DIVISION
0 OTHER
PROVIDED IS CORRECT: Sgnature of Property Owner(s) or Authorized Agent
Signed and sworn before me on this 0 '"? day of
Identification verified:
Oath Sworn: E Yes Er No
11 OWNERS
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P0NTORTYPE mawE
PRINT OR TYPE NAME
JANMAVRICIO WAK8RR08ERlSOH
NYCOMMISSION #111-1009325
EXPIRES: June n.204
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Agpnda Item #4.A.
15 Jun 2021
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PLEASE SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION, CERTIFICATIONS,
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Age' mid ILeiIi 44.1 .
15 Jun 202'L
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0009
Request for a variance to exceed the inaxiinuin accessory structure height from
inaxiinuin allowable height of 15 feet to 20 feet to build a screened enclosure.
LOCATION 395 Saturiba Drive (RE# 172020-0720)
APPLICANT Cliff Carter
DATE June 15, 2021
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant is Cliff Carter, the contractor of the proposed screen enclosure at 395 Saturiba Drive. This
property is located on the Northeast corner of Live Oak Lane and Saturiba Drive in the Residential, Selva
Marina (R -SM) zoning district.
The applicant is seeking a variance to exceed the maximum accessory structure height to build a screen
enclosure. The proposed height of the screened enclosure is 20 feet. Section 24-151 (b) (2) (e) states
"accessory structures shall not be more than fifteen (15) feet in height." This section of the code also
allows a reduction in the required rear and side yard setbacks to five (5) feet for these types of structures.
Screen enclosures that meet the required rear and side yard setbacks of the property and that are attached
to the principal structure can be considered as an extension of the principal structure and are limited to a
maximum of thirty-five (35) feet.
The proposed screen enclosure structure will be 5 feet from the rear and side property lines, thus the screen
enclosure shall not exceed 15 feet in height per code.
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Page 2 of 4
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15 Jun 202 L
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ANALYSIS
AgeIIIJd ILeiIi 44.1 .
15 Jun 202'L
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.
The applicant wrote, "The home is two story structure. There is a 2"d floor walkway along the back
of the house with a spiral staircase. The proposed screen enclosure would meet the current roof line
of the home. Limiting the screen enclosure to 15ft would make the entire walkway and staircase
unusable."
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0009, request for a
variance to Section 24-151 (b) (2) (e) 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:
Or,
(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.
Page 3 of 4
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Age' lib Velli4.H .
15
The Community Development Board may consider a motion to deny ZVAR21-0009, request ror�an 202L
variance to Section 24-151 (b) (2) (e), finding this request is not consistent with the definition of a
variance.
Page 4 of 4
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