89 Dewees Avenue ZVAR20-0017 Packet (Lambertson)CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR20-0017
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.
LOCATION 89 Dewees Avenue
APPLICANT Maryann Lambertson
DATE October 26, 2020
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant is Maryann Lambertson, the owner 89 Dewees Avenue. This property is located on the
corner of Ocean Blvd. and Dewees Ave., within the Residential General Multi- Family (RG-M) zoning
district.
The applicant is requesting to install an 8 foot
fence with a pergola roof to form an enclosed
seating area, which would be attached to the
front of the house. The proposed seating area
would be located within the front yard, roughly
15’- 4” from the front property line.
The proposed structure violates two code
sections; 24-157 and 24-82:
First, the proposed fence height of 7’ – 8”
exceeds the maximum 4 foot fence height
allowed within front yards, per Section 24-157.
Second, the proposed pergola roof structure
exceeds the maximum 4 foot “projection” into the front yard allowed for
roof overhangs (the pergola roof is considered a roof overhang). The
proposed pergola roof “projects” 4’ – 8” into the front yard according to
the site plan, which exceeds the
allowed projection by 8 inches.
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.
The applicant stated that there is public parking adjacent to the lot and it is a very busy corner.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant states that the public parking impacts this area disparately more than 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 states that the current addition was added to the property is now non-conforming due
to regulations enacted by the City of Atlantic Beach which prevents the alteration of the addition.
(5) Irregular shape of the property warranting special consideration.
The applicant states that this lot is irregular in shape with the front being on an angle.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant states that the lot 5,589 square feet and the standard size lot is 7,500 square feet.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR20-0017, request for a
variance to increase the structural projection allowed in to the front yard and increase the maximum fence
height allowed in the front yard 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.
Page 3 of 3
Or,
The Community Development Board may consider a motion to deny ZVAR20-0017, 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, upon finding this request is not consistent with the definition of a variance.
Request for a variance to exceed the maximum
structural projection and maximum fence
height allowed in front yards.
ZVAR20-0017
89 Dewees Avenue
Site Context and Details
Located on the corner of Dewees Ave. and Ocean Blvd.
Zoned Residential, General, Multi-Family (RG-M)
Proposed Plan
The applicant is planning to remove an
existing addition at the front of the house
and install an “enclosed” seating area in its
place.
The seating area will consist of a 7 foot tall
fence with a pergola style roof over it.
Need for Variance
There are two parts for this variance:
First, the proposed seating area (fence with pergola roof) would
“project” 4’-8” into the required 20’ front yard setback. Section 24-
82 allows structures such as roof overhangs and open porches to
project into front yard setbacks up to 4 feet. The proposed pergola
roof would exceed this allowed projection by 8 inches.
Second, the maximum fence height allowed in front yards is 4 feet.
A section of the proposed 7’ fence is within the front yard.
Need for Variance
(1): 4’-8” projection into the front yard setback
(2): 7’ tall fence within front yard
Considerations
The proposed seating area will be located where an existing
addition will be removed.
The lot is irregular in shape with the front being on an angle.
The existing house is nonconforming
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.
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 Commission Chambers located at 800 Seminole Road on the provided date and time.
In person participation will be held in Commission Chambers located at 800 Seminole Road.
PROJECT Property Location Map
Item No: ZVAR20-0017
Address: 89 Dewees Ave. (RE #169563 0000)
Applicant: Maryann Lambertson
PUBLIC HEARING(S)
Body: Community Development Board
Date November 17, 2020
Time: 6:00 PM
Request: Request for a variance to increase the structural projection (pergola) into the front yard and
increase the maximum fence height allowed in the front yard.
Summary: The applicant is requesting a variance from Section 24-82 which limits the structural
projection to 48 inches into the front yard setback. The proposed pergola would extend 8”
into the front yard setback. The applicant is also requesting a variance from Section 24-157
(b) to increase the fence height allowed in the front yard.
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 or at city hall – 800 Seminole Road, Atlantic Beach, Florida 32233, between the hours of 8:00am and
5:00pm, Monday through Friday, excluding legal holidays or by calling 904-247-5800. Interested parties may appear at the public hearing or
written comments may be emailed to aaskew@coab.us at least 2 hours prior to the hearing.’
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 the meeting should contact the City Clerk’s Office at City Hall or by calling 904.247-5800 not less than three
(3) days prior to the public hearing.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.