135 Pine Street ZVAR21-0012 Packet (Goldschmidt)SCREEN ENCLOSURE LIKE-FOR-LIKE VARIANCE REQUEST
SONDRA GOLDSCHMIDT
135 PINE ST., ATLANTIC BEACH, FL, 32233
PROJECT REQUEST
Impact Enclosures Inc. to
perform the project. Their
submission request:
“There is an existing concrete
slab underneath the existing
covered screened wood area.
The proposed project is to tear
out the enclosure and the wood
deck in this space. We would
then add concrete on top of
the existing footprint to bring it
level with the house. A like-for-
like footprint will be maintained.
The screen enclosure will go on
top.”
DILEMMA:
“In order to be approved by zoning, the
screen enclosure must meet the side yard
setbacks of 5 feet. The current setback is 2
feet from the south property line. To meet
setbacks, the width of the structure must
be reduced 3 feet on the south side of
the property.”
THE CURRENT STRUCTURE PRE-DATES 2004
DUVAL AERIAL 2004 DUVAL AERIAL 2013
SOURCES: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100#
FILE:///C:/USERS/SGOLDSCH/DOWNLOADS/REPORT.PDF
THE CURRENT STRUCTURE PRE-DATES 2004
DUVAL AERIAL 2015 DUVAL AERIAL 2020
SOURCE: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100#
LOT REQUIREMENTS
ZONING DISTRICT RS-2
MY PROPERTY IS ONLY 25 FT. WIDTH,
INSTEAD OF 75 FT. THIS COMPLICATES
THE SIDE SETBACKS (5 FT.) AND
MOVING THE STRUCTURE ANYWHERE
ELSE IN THE BACKYARD. IN ADDITION,
IT IS A GRANDFATHERED IN STRUCTURE
FOR THE CURRENT PLACEMENT AS
THERE IS A CEMENT SLAB ALREADY
UNDER THE STRUCTURE.
SOURCE: HTTPS://LIBRARY.MUNICODE.COM/FL/ATLANTIC_BEACH/CODES/CODE_OF_ORDINANCES?NODEID=PTIICOOR_CH24LADERE_ARTIIIZORE
CURRENT STRUCTURE PICTURES
PRE-EXISTING CEMENT SLAB UNDERNEATH THE WOOD DECK. THERE IS A FOUNDATION WALL WHICH THE PORCH RUNS AGAINST. THE 5 FT. SIDE YARD SETBACK CANNOT MEET THIS WITH THE EXISTING FOOTPRINT.
SOURCE: HTTPS://WWW.ZILLOW.COM/HOMEDETAILS/135-PINE-ST-ATLANTIC-BEACH-FL-32233/44616237_ZPID/?
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0012
Request for a variance to reduce the side yard setback to rebuild an existing
screen enclosure.
LOCATION 135 Pine Street (RE# 170636-0100)
APPLICANT Sondra Goldschmidt
DATE August 17, 2021
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant is Sondra Goldschmidt, the owner of the
townhome at 135 Pine Street. This property is 25 feet wide by
100 feet deep and is zoned residential, single-family (RS-2).
She purchased the property in June of 2020.
The existing two-story townhouse was built in 1979 with a patio
in the rear. In 1985, a permit was granted for a wood porch to
be constructed over the existing patio. The porch was later
enclosed without a permit. The porch had a proposed setback of
three (3) feet from the property to the south and met the existing
zoning code.
Per section 24-82 (a) decks and patios less than thirty (30)
inches are not subject to the required setbacks and can be built
up to the property line.
Based on aerial photos the porch was illegally converted into a screened enclosure sometime between
1985 and 2004. The current survey (2019) shows the existing screened enclosure setback two (2) feet
from the neighboring townhouse. Since the screen enclosure is attached to the primary structure it would
need to meet the required side yard setback.
The applicant is seeking a variance from Section 24-106(e) which requires a minimum side yard setback
of five (5) feet. The applicant would like to remove the existing screened enclosure and wood deck and
construct a screened enclosure with the same side set back of two (2) feet. The proposed new screened
enclosure is proposed to be placed in the same location as the existing non-permitted enclosure.
Page 2 of 4
Due to the lack of the required five (5) foot required side yard setback the existing non-permitted enclosure
is nonconforming. Section 24-85(b)(6) states “the voluntary demolition by the owner of any
nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such
nonconformity (ies) and shall not be reconstructed and all construction there after shall comply with the
terms of this chapter”.
Page 3 of 4
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, “The structure is on a townhouse, therefore I cannot be 5 ft. (side yard setback)
from my neighbor (connecting house). There is a cement slab already there underneath the wooden
structure”.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant wrote, “The current structure and cement slab have been on the property since 1995.
The variance request is to improve this structure by building a like-for-like replacement on the
cement slab. Cannot move the cement as already at the 45% impervious surface.”
(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 applicant wrote, “The width of the property is 25’ and the length 100’. The lot width is under
the 75’ requirement for zoning district RS-2. This does not allow ease of movement of structure to
fit in the required setback of 5’.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0012, request for a
variance to Section 24-106 (e)(3) 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 4 of 4
Or,
The Community Development Board may consider a motion to deny ZVAR21-0012, request for a
variance to Section 24-106(e)(3), finding this request is not consistent with the definition of a variance.
Request for a variance to reduce the side yard
setback to rebuild an existing screen
enclosure.
ZVAR21-0012
135 Pine Street
Site Context and Details
Located approx. 170 feet north
of the Pine St and Sturdivant
Ave intersection.
Zoned Residential, Single
Family (RS-2)
Lot is 25ft wide by 100ft deep
Purchased by applicant in June
2020
Site Context and Details
Background
1979 the existing two-story
townhouse was built with a
patio in the rear
1985 a permit was granted for
a wood porch to be
constructed over the existing
patio
Between 1985 and 2004 the
porch was illegally converted
into a screened enclosure by
one of the previous owners
Proposed PlanThe applicant is proposing to remove the existing
wood deck and screened enclosure and construct a
new screened enclosure.
The proposed screened enclosure would have the
same foot print.
Need for Variance
The proposed screened enclosure would have a side yard
set back of 2 feet.
RS-2 zoning district requires a side yard setback of 5 feet.
Considerations
The existing structure is a townhouse.
The lot width is 25 feet which does not meet the minimum lot
width of 75 feet.
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.
SCREEN ENCLOSURE LIKE-FOR-LIKE VARIANCE REQUEST
SONDRA GOLDSCHMIDT
135 PINE ST., ATLANTIC BEACH, FL, 32233
PROJECT REQUEST
Impact Enclosures Inc. to
perform the project. Their
submission request:
“There is an existing concrete
slab underneath the existing
covered screened wood area.
The proposed project is to tear
out the enclosure and the wood
deck in this space. We would
then add concrete on top of
the existing footprint to bring it
level with the house. A like-for-
like footprint will be maintained.
The screen enclosure will go on
top.”
DILEMMA:
“In order to be approved by zoning, the
screen enclosure must meet the side yard
setbacks of 5 feet. The current setback is 2
feet from the south property line. To meet
setbacks, the width of the structure must
be reduced 3 feet on the south side of
the property.”
THE CURRENT STRUCTURE PRE-DATES 2004
DUVAL AERIAL 2004 DUVAL AERIAL 2013
SOURCES: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100#
FILE:///C:/USERS/SGOLDSCH/DOWNLOADS/REPORT.PDF
THE CURRENT STRUCTURE PRE-DATES 2004
DUVAL AERIAL 2015 DUVAL AERIAL 2020
SOURCE: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100#
LOT REQUIREMENTS
ZONING DISTRICT RS-2
MY PROPERTY IS ONLY 25 FT. WIDTH,
INSTEAD OF 75 FT. THIS COMPLICATES
THE SIDE SETBACKS (5 FT.) AND
MOVING THE STRUCTURE ANYWHERE
ELSE IN THE BACKYARD. IN ADDITION,
IT IS A GRANDFATHERED IN STRUCTURE
FOR THE CURRENT PLACEMENT AS
THERE IS A CEMENT SLAB ALREADY
UNDER THE STRUCTURE.
SOURCE: HTTPS://LIBRARY.MUNICODE.COM/FL/ATLANTIC_BEACH/CODES/CODE_OF_ORDINANCES?NODEID=PTIICOOR_CH24LADERE_ARTIIIZORE
CURRENT STRUCTURE PICTURES
PRE-EXISTING CEMENT SLAB UNDERNEATH THE WOOD DECK. THERE IS A FOUNDATION WALL WHICH THE PORCH RUNS AGAINST. THE 5 FT. SIDE YARD SETBACK CANNOT MEET THIS WITH THE EXISTING FOOTPRINT.
SOURCE: HTTPS://WWW.ZILLOW.COM/HOMEDETAILS/135-PINE-ST-ATLANTIC-BEACH-FL-32233/44616237_ZPID/?
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.
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: ZVAR21-0012
Address: 135 Pine Street (RE #170636-0100)
Applicant: Sondra Goldschmidt
PUBLIC HEARING(S)
Body: Community Development Board
Date August 17, 2021
Time: 6:00 PM
Request: Request for a variance to reduce the side yard setback to rebuild an existing screen
enclosure.
Summary: The applicant is requesting a variance from Section 24-106(e) which requires a minimum
side yard setback of 5 feet. The applicant is requesting to reduce this setback to 2 feet to
rebuild a screen enclosure like-for-like.
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.