1912 Sherry Drive North ZVAR21-0013 Packet (Bussey)ZVAR21-0013
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0013
Request for a variance to exceed the maximum height and size for a detached
garage in the Residential, Selva Marina (R-SM) zoning district.
LOCATION 1912 North Sherry Drive (RE# 172020-0826)
APPLICANT Rawan Kablawi and Andrew Bussey
DATE September 21, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
Rawan Kablawi and Andrew Bussey, are the applicant and
property owners of 1912 North Sherry Drive. This property is
located at the northwest side of the cul-de-sac on North Sherry
Street in the Residential, Selva Marina (R-SM) zoning district.
The applicant is seeking a variance to Section 24-109(c)(1)
which states; “Detached garages, guest house or guest quarters,
sheds, gazebos, pergola, and other similar detached structures
shall comply with the following:
a. Maximum height: Fifteen (15) feet
b. Maximum size: One hundred fifty (150) square feet; and
c. Setbacks: Five (5) feet from any rear or side property line”.
The R-SM zoning district replaced 11 separate PUDs with varying design requirements. When these PUDs
were combined into a single zoning district for development of single-family residential areas that were
originally developed as Selva Marina and Selva Tierra Planned Unit Developments (PUDs) during the
1970s and 1980s. This zoning district has specific accessory structure design requirements. Other than
the R-SM, Planned Unit Development (PUD) and Special Planned Areas (SPA) zoning districts, accessory
structures are regulated in Section 24-151.
The differences between the R-SM accessory regulations and accessory regulations for other zoning
districts are listed in the table below:
Section 24-109 (c)
R-SM Accessory
Regulations
Section 24-151 (d) Section 24-151 (e)
Max. height 15’ 15’ 25’
Max. size 150 sq ft 600 sq ft. 600 sq ft.
Side/rear yard
setbacks 20’ 5’ 10’
Setback from
house 5’ 5’ 5’
Page 2 of 4
The applicant is seeking a variance to build a 250 square foot detached garage in the rear yard that is 19
feet 2 inches in height. Under the R-SM district the detached garage exceeds the maximum size by 100
square feet and the maximum height by almost five (5) feet.
Due to the maximum lot coverage regulations the applicant is also proposing to remove some impervious
areas to accommodate the proposed garage.
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.
The applicant stated, “We purchased the original home with a narrow wider single car garage. We
had wanted to increase the size of the garage however that would have required the removal of an
existing 52” Live Oak, which we want to keep and preserve. We are requesting a variance to increase
the footprint of the detached garage to 250 sf to allow for an SUV for daily parking and space for an
additional sedan should bad weather and hurricane occur”.
(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.
Page 4 of 4
(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 ZVAR21-0013, request for a
variance to Section 24-109 (c) (1) 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 ZVAR21-0013, request for a
variance to Section 24-109 (c) (1), finding this request is not consistent with the definition of a variance.
Request for a variance to exceed the maximum
height and size for a detached garage in the
Residential, Selva Marina (R-SM) zoning
district.
ZVAR21-0013
1912 North Sherry Drive
Site Context and Details
Located at the north end of N
Sherry Drive.
Zoned Residential, Selva
Marina (R-SM)
R-SM zoning district replaced
11 separate PUDS originally
developed as Selva marina and
Selva Tierra.
Site Context and Details
Other than the R-SM, Planned Unit Developments (PUD) and
Special Planned Areas (SPA) zoning districts, accessory
structures are regulated in Section 24-151.
Section 24-109 (c)
R-SM Accessory
Regulations
Section 24-151 (d)
Detached garages,
guest house, etc.
Section 24-151 (e)
2-story detached
garages, guest
houses, etc.
Max. height 15’15’25’
Max. size 150 sq ft 600 sq ft.600 sq ft.
Side/rear yard
setbacks
20’5’10’
Setback from
house
5’5’5’
Proposed Plan
The applicant is
proposing to
build a detached
garage in the rear
yard.
The proposed
detached garage
is 250 square feet
and 19 feet 2
inches in height.
Proposed
detached garage
Need for Variance
Section 24-109(c)(1) places additional requirements on accessory
structures in the R-SM zoning district.
Maximum height allowed is 15 feet and the maximum size is 150
square 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.
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 by the board.
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: ZVAR21-0013
Address: 1912 North Sherry Drive (RE #172020-0826)
Applicant: Rawan Kablawi and Andrew Bussey
PUBLIC HEARING(S)
Body: Community Development Board
Date September 21, 2021
Time: 6:00 PM
Request: Request for a variance to exceed the maximum height and size allowed for a detached garage
within the Residential, Selva Marina (R-SM) zoning district.
Summary: In the Residential, Selva Marina (R-SM) zoning district, the maximum size allowed for a
detached garage is 150 square feet and 15 feet in height. The applicant is seeking a variance
for a proposed 250 square foot detached garage with a height of 18 feet 2 inches.
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.