1336 Violet Street ZVAR21-0006 Packet (Powell)CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0006
Request for a variance to reduce the minimum rear and side yard setbacks for
an existing unpermitted shed.
LOCATION 1336 Violet Street (RE# 171060-0200)
APPLICANT Richard Powell
DATE April 27, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
Richard Powell, the applicant and spouse of the property
owner at 1336 Violet Street has submitted a variance applicant
to reduce the minimum rear and side yard setback for an
existing accessory structure (shed). This property is located
on the west side of Violet Street approximately 175 south of
14th Street in the Residential, General, Two-Family (RG)
zoning district.
On April 5, 2021, a Stop Work Order was posted on the
property for instillation of a shed without a permit. The
applicant applied for a building permit on April 15, 2021. The
existing unpermitted shed is 144 square feet and in the rear
yard of the property. The applicant is seeking a variance after
the fact to allow a reduction in the
minimum rear and side yard setbacks for
accessory structures.
Section 24-151(b)(1)(l) requires storage
and tool sheds to be “a minimum distance
of five (5) feet from the rear and side lot
lines”. The existing location is three (3)
feet from the rear property line and two (2)
feet from the side property line.
In addition, the shed is placed in the
required on-site storm water retention
area. Regardless of the outcome of this
variance request the volume of in-filled
retention area must be accommodated
elsewhere on site.
W. 14th St Violet St.
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.
The applicant wrote “lot sizes are extremely small in this neighborhood. More than 10 houses have
sheds within the 5 foot of property line requirement. To move the shed will cost more than building
it.”
(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.
2-foot setback
3-foot setback
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0006, request for a
variance to Section 24-151 (b) (1) (l) 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 ZVAR21-0006, request for a
variance to Section 24-151 (b) (1) (l), finding this request is not consistent with the definition of a variance.
Request for a variance to reduce the minimum
rear and side yard setbacks for an existing
unpermitted shed.
ZVAR21-0006
1336 Violet Street
Site Context and Details
Located on the west side of
Violet Street.
This residence is the southern
unit of a two unit townhouse.
Zoned Residential, General,
Two-Family (RG)
Proposed Plan
The applicant has an existing, unpermitted
shed in the rear yard of the property.
The existing shed is 144 square feet.
Need for Variance
The location of the shed is 2 feet from the side property line and 3
feet from the rear property line.
Section 24-151(b)(1)(l) states storage or tool sheds shall be a
minimum distance of five (5) feet from the rear and side lot lines.
Considerations
The existing shed does not exceed the size requirement of
accessory structures but is within the required side and rear yard
setbacks.
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 a hybrid format that will allow for both virtual participation and in-person
participation for board members.
Some board members may be participating virtually but at a minimum a quorum will be present in-person.
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: ZVAR21-0006
Address: 1336 Violet Street
Applicant: Richard Powell
PUBLIC HEARING
Body: Community Development Board
Date May 18, 2021
Time: 6:00 PM
Request: Request for a variance to reduce the minimum accessory structure setback for an existing
shed.
Summary: The applicants are requesting a variance to Section 24-151 (b) (1) (l) which requires sheds
to meet a minimum setback of five (5) feet from rear and side property lines. The existing
unpermitted shed has a three (3) foot setback in the rear and a two (2) foot setback on the
side.
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.
For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841.
The city will hold a “hybrid” meeting as outlined in Resolution No. 20-32 for board participation.
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 (904) 247-5800 not less than three days prior to the public hearing.