1187 Camelia Street ZVAR20-0011 Packet (Shields)VARIANCE APPLICATION FOR INTERNAL OFFICE USE ONLY
O PA, City of Atlantic Beach FILE# y V 1\R z 0-OO( i
Community Development Departmentv800SeminoleRoadAtlanticBeach, FL 32233
40;1 •P)904-247-5800
APPLICANT INFORMATION
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ADDRESS 19,23 A/1/
0a1/c Sea< e CITY A/6 / l STATE /2 ZIP CODE 323
PROPERTY LOCATION //87 in c/gyp 5 t PHONE# 7/ 4/37 CELL#9Ot '/O/3/
RE# / 7/0/7 .- gOcc BLOCK# 0?('/ LOT#
cipr•LOT/PARCEL SIZE/Oa L./-0 ZONING CODE UTILITY PROVIDER '`)
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
PROVISION FROM WHICH VARIANCE IS REQUESTED V-
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
YES NO (if yes,this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 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 any such documents.
5.Application fee of$300.00.
I HEREBY CERTIF THAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent
D/90JC,
SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE
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SIGN URE OF APPLICANT(2) PRINT OR TYPE NAME DATE
Signed and sworn before me on this NA' ` day of w`5U s I 20Z0 by State of
fit V( d ^I JCC""UL-( S t 1 e CL 5
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County of bu
Identification verified: ` eS
Oath Sworn: Yes No
Notary Signature ssIon#GG910497
4 Cr Expires September 4,2023
19 VARIANCEAPPLICATION 07.08.2019 My Commission expires
9
CFP, BOndeetru BAIANourySWOON
The following paragraph sets forth reasons for which a Variance may be approved, please check the
circumstances that apply to your request and briefly describe in the space provided.
Grou nds for approval of a Variance:AVariance may be granted atthe discretion of the Community Development Board,for the
following reasons
1, Exceptional Topographic conditions of or near the property.
The property next to 1187 Camelia (south) is wetlands. This will probably be the last lot available for residential construction in this
Neighborhood,without expensive offsetting jurisdictional credits and fill. The owner has presented a reasonable and practical solution
for access to the lot without building a new road. (see attached sketch)
2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
The nearby property owners were not required to extend the road and sewer running in front of their properties
3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
The requirement to extend the road, sewer and water places an excess financial burden for 1187 Camelia.
4. Onerous effect of regulations enacted after platting orafter development of the property or after construction of improvements
upon the property. The requirement to extend the road opens water management issues that were previously covered
in the grandfathered regulations for the property. Further, water storage development may be required to meet the
requirements of the new road. The City could avoid these costs by not extending the road.
5. Irregular shape of property warranting special consideration. N/A
6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property N/A
a Approval of a Variance. To approve an application for a Variance,the Community Development Board shall find that the request
is in accordance 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.TheCommunity Development Board shall havethe authority to approvea lesserVariancethan
requested if a lesser Variance shall be more appropriately in accord with theterms and provisions of thi sSection 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 AVariance,which involves the Development of Land,shall be transferable and shall run with the titleto the Property unless
otherwise stipulated by the Community Development Board.
19VARIANCE APPL/CAT/0N 07.08.2019
ADDITIONAL COMMENTS:
This variance request would allow us to run a driveway (see sketch) to the city street and tap into the existing manhole for
sewer and into the existing water main for water. If 20 years from now the value of the remaining lots rises to the level that
they can afford to buy mitigation credits to develop the lots, the developer can use the existing driveway as part of the new
improvements. At that time they can deal with the road, sewer and water extension since the cost will be allocated over
several lots. The new driveway (see sketch) would be built to city road standards, to allow use by a new developer as part of
any road extensions.
19 VARIANCEAPPUCATION 07.08.2019
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PUBLIC 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.
All board members will be participating virtually. Virtual participation can be accessed via
https://www.coab.us/506/Meeting-Videos. You will be prompted to register. You must register to watch/listen
or to provide public comment.
In person participation will be held in Commission Chambers located at 800 Seminole Road.
PROJECT Property Location Map
Item No: ZVAR20-0011
Address: 1187 Camelia St. (RE #171017 9000)
Applicant: David Shields
PUBLIC HEARING(S)
Body: Community Development Board
Date September 15, 2020
Time: 6:00 PM
Request: Request for a variance from Section 24-221 of the city code to develop a vacant property
without extending the street, water and sewer.
Summary: The applicant is requesting a variance from Section 24-221 which requires the applicant to
improve (pave) the street, extend the water line and extend the sewer line to his property.
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 advised that such person
will need to insure that a verbatim record of all proceedings is made, which must include the testimony 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 Notices
https://www.coab.us/960/Public-Notices.
The city will hold a “hybrid” quasi-judicial hearing as outlined in Resolution No. 20-32. The city will use following format as defined in
Resolution 20-32 for these type of meetings:
1. Communications Media Technology (CMT) means any alternative forms of audio, video, electronic, or digital communication
transmitted or hosted via telecommunications or computer web-based platform services. These procedures for quasi-judicial hearings
are "hybrid," in that they allow for both virtual participation and in person participation, subject to the provisions below.
2. Implementation of these CMT procedures may only be utilized during the pendency of a declared State of Emergency by the
Governor’s office. The Executive Order of the Governor must allow for suspension of any Florida Statute requiring a quorum to be
physically present. CMT procedures must comply with Section 120.54(5)(b)(2), Fla. Stats.
3. These CMT procedures will be available for meetings of the City Commission, Community Development Board, and any other City
board or committee that may conduct a quasi-judicial hearing.
4. All applicants have the option of deferring their case to be heard at a future date under established non-emergency hearing procedures.
5. Any applicant choosing to have their case heard under these CMT procedures must complete the Acknowledgement and Waiver Form
provided. This form must be completed by the Applicant, Agent, if any, AND the property owner if not the Applicant. The form must
be sworn to or affirmed, and notarized.
6. Noticing provisions are not suspended. Noticing will be as required by the City Code and Florida Statutes. Noticing will include
information on how the public or Applicants may participate by CMT.
7. Agenda packets and registration instructions will be available online at coab.us
8. The Commission Chambers will be open for public attendance consistent with City health and safety procedures published on the
City’s website and provided with agenda notices. Physical attendance in the Commission Chambers will be prioritized as follows:
a. Applicant and/or Applicant’s Agent/ Legal Counsel and Witnesses
b. General Public
9. The members of the General Public and the Applicants and/or Applicant’s Agent that choose to attend the hearing physically in the
Commission Chambers will be directed to speak into a laptop that is logged in to the zoom meeting.
10. Applicants and/or Applicants’ Agent may attend physically or by CMT. Witnesses and affected parties may appear by CMT or
physically on a limited basis consistent with health and safety procedures established by the City. All testimony at quasi-judicial
hearings will be sworn under oath. Please be advised that members of the public and witnesses may or may not be granted physical
access to the inside of Commission Chambers until it is their specific time to speak at the discretion of the meeting moderator present
in the Commission Chambers. A speaker located outside of Chambers will also broadcast the meeting.
11. Presentation materials, documents, witness lists, photographs, and other evidence and exhibits must be provided to the City Clerk’s
Office if the quasi-judicial hearing is occurring before the City Commission, or to the Community Development Board staff secretary
if the hearing will occur before the Community Development Board, no later than three (3) business days prior to the meeting to
provide all applicants, staff, board members, attorneys and adversely affected parties to have the same information prior to the start
of the meeting or quasi-judicial hearing.
12. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to
participate using CMT will be requested to dial in to the announced phone bank number or connect to the zoom link for video and
audio participation published on the specific agenda notice for that meeting. The participants will be placed on hold and queued for
each agenda item public comment period or applicable public hearing. In the alternative, members of the public may provide written
comment to the City Clerk or Community Development Board staff secretary prior to the hearing via U.S. Mail or email, no later than
6 hours before the meeting begins. The City staff present at the meeting or Board Chair will read any received written comments into
the record. The City staff present at the meeting will receive and preserve all written comment consistent with Florida Public Records
law but will only read into the record the equivalent of five minutes or 500 words.
13. An opportunity for persons to speak on each agenda item or case, virtually or in-person, will be made available after the applicant and
staff have made their presentations on each item. All testimony, including public testimony and evidence by adversely affected parties,
will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you
do not wish to be either cross-examined or sworn, your testimony will be given its due weight under Florida law. Applicants, City
staff and adversely affected parties will be permitted to cross-examine witnesses and parties. However, the public may request the
Board Chair or moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must present
evidence of their authority to speak for the organization.
14. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson.
15. All other rules of decorum apply to the extent they do not conflict or are not applicable. The meeting moderator will monitor adherence
to the Commission Rules of Procedure, these CMT Procedures or Robert’s Rules of Order and may mute any persons determined to
be in violation.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR20-0011
Request for a variance to deviate from the required improvement in Section 24-
221
LOCATION 871 Ocean. (RE# 171017 9000)
APPLICANT David Shields
DATE September 10, 2020
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is David Shields, the owner of the vacant property at 1187 Camelia Street. This property is
located on the east side of Camelia approximately 340 feet south of 14th Street West in the residential,
general, two-family (RG) zoning district.
The applicant plans on building a single-family home on
the site and is requesting a variance to section 24-221 to
vary the requirements to for improvements.
The request is to vary section 24-221 (a) the requirement
for “streets designed and constructed according to the
standards and requirements of this article and this
chapter”. The street improvements are found in section
24-252 (Streets). Vary section 24-221 (e) “a sanitary
sewer system…”(extend public sewer line). Vary
section 24-221 (f) “centralized water system” (extension
of public water pipe size).
This property is located approximately 80 feet from the
south end of the pavement of Camelia Street as well as
the city water and sewer lines.
Per Section 24-221 any new development or
redevelopment shall contain improvements designed
and constructed according to the code. This includes but is not limited to extending streets, water and
sewer improvements. It is intended for the developer to construct these extensions in the right-of-way.
The applicant is proposing to build one-half of the street to be used as a driveway to access this property.
Section 24-252 (i) requires this 50 foot right-of-way to have a min. of 20 feet of pavement. Section 24-
252(j) requires cul-de-sacs at dead ends.
Currently there is a four (4) inch water line and sewer line that terminates in the existing cul-de-sac.
Developers work with public utilities when developing properties and in this instance would extend the Camelia St.
Page 2 of 3
four (4) inch water line and sewer line south to access the
developing property. For example, when the Atlantic
Beach Country Club developed the developer was
responsible for adding all the streets and utilities and each
home site/builder was responsible for making a
connection to the public lines. If the four (4) inch water
and sewer line were already constructed then the
developer would be responsible for the connection from
the new home to the four inch water and sewer line.
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.
The applicant stated, “The property next to 1187 Camelia (south) is wetlands. This will probably be
the last lot available for residential construction in this Neighborhood, without expensive offsetting
jurisdictional credit and fill. The owner has presented a reasonable and practical solution for access
to the lot without building a new road.”
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant wrote, “The nearby property owners were not required to extend the road and swer
running in front of the properties.”
The applicant stated that the Beaches Vineyard Church as no objections.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant stated, “The requirement to extend the road, sewer and water places an excess
financial burden for 1187 Camelia.
(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.
Camelia St. Existing public sewer
line
Existing
public
water line
Required sewer
extension
Required
water
extension
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR20-0012, request for a
variance to Section 24-221 (a), (e) and (f) 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 ZVAR20-0012, request for a
variance to Section 24-221 (a), (e), and (f) upon finding this request is not consistent with the definition
of a variance.
Request for a variance from Sec 24-221 to
develop a vacant property without extending
the street, water line (4”) and sewer line (8”)
ZVAR20-0011
1187 Camelia St.
(vacant lot)
Site Context and Details
Currently vacant lot on Camelia
St. approx. 340 feet south of
14th St. W.
The applicant is proposing a
single-family home.
Zoned for Residential General,
two-family (RG)Camelia St.
Site Context and Details
•Property is zoned RG.
•Located approx. 80 ft. south
of existing cul-de-sac
•Wetlands to the south
RGRS-2
Camelia St.Camelia St.14th St W.Jasmine St.Main St.
Site Context and Details
Wetlands to the south
Site Context and Details
Per Section 24-221 any new development or
redevelopment shall contain improvements designed
and constructed according to the code. This includes
but is not limited to extending streets, water and sewer
improvements. It is intended for the developer to
construct these extensions in the right-of-way.
The applicant is proposing to build one-half of the street
to be used as a driveway to access this property.
Section 24-252 (i) requires this 50 foot right-of-way to
have a min. of 20 feet of pavement. Section 24-252(j)
requires cul-de-sacs at dead ends.
Currently there is a four (4) inch water line and sewer line
that terminates in the existing cul-de-sac. Developers work
with public utilities when developing properties and in this
instance would extend the
Currently there is a four
(4) inch water line and
sewer line that terminates
in the existing cul-de-sac.
Developers work with
public utilities when
developing properties and
in this instance would
extend the 4 inch water
line and 8 inch sewer line
Site Context and Details
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.