2309 Fiddlers Lane ZVAR21-0002 Packet (Pesterfield)ZVAR21-0002
RESO21-0007
RESO21-0007
RESO21-0007
2309 Fiddlers #101/24/2020
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0002
Request for a variance to increase the maximum pergola size from 150 square
feet to 493 square feet and to decrease the minimum rear yard accessory
structure set back from five (5) feet to zero (0).
LOCATION 2309 Fiddlers Lane
APPLICANT John David Pesterfield
DATE March 16, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, John David Pesterfield, is the owner of 2309 Fiddlers Lane. This property is located on the
southern end of Fiddlers Lane with Seminole Road to the rear, within the Residential, Single- Family (RS-
1) zoning district.
The applicant is proposing to build a 493 square
foot pergola over an existing patio in the rear yard.
The applicant is requesting a variance to section
24-151(g) to exceed the maximum pergola size of
150 square feet and to reduce the rear accessory
set back of 5 feet to build up to the property line.
Section 24-151 states “gazebos, pergolas, covered
decks, and similar structures, not to exceed one
hundred fifty (150) square feet and twelve (12)
feet in height and a minimum distance of five (5)
feet from the rear and side lot lines”.
The proposed pergola is located in the western side
of the rear yard adjacent to the pool. The rear of
this property backs up to a large community
detention pond and Seminole Road.
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.”
Page 2 of 3
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 the
existing paver
patio faces
westward over
East Oceanwalk
Lake. This causes
the sun to set over
the patio in the
summer months,
making the patio
useable.
(2) Surrounding
conditions or
circumstances
impacting the
property
disparately from
nearby properties.
The applicant stated that the house is located at the end of a cul-de-sac. No neighbors exist to the
east and south of the house and additional houses cannot be constructed. The addition of a pergola
will not impact the neighbor to the west.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant stated that the positioning of the house results in the patio facing west over the lake.
The setting sun during the summer renders patio unusable due to heat and glare. While most pergolas
are decorative, this pergola will allow usage of patio year round.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant stated that the current limitation of overall pergola coverage will not allow full usage
of patio. Enforcement would degrade usage and home value. Current setback requirements impair
functional construction. Since a house cannot be constructed to south, no one would be affected by
variance allowance.
(5) Irregular shape of the property warranting special consideration.
The applicant stated that the existing lot is irregular in design. Permitted patio is situated on
southwest corner of lot. Since no house can be built to south or west, approval of variance would
have no impact on current or future neighbors.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant stated that since no homes can be built on any side of the existing home, approval of
the variance would have no impact on current or future neighbors. Approval would allow the proper
construction of and full function ability of existing structures.
Proposed pergola location
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0002, request for a
variance to allow construction of a pergola to exceed the maximum 150 square feet and decrease the
minimum rear accessory structure setback of 5 feet to zero 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 ZVAR21-0002, request for a
variance to allow construction of a pergola to exceed the maximum 150 square feet and decrease the
minimum rear accessory structure setback of 5 feet to zero upon finding this request is NOT consistent
with the definition of a variance, and in accordance with the provisions of Section 24-65.
Request for a variance to increase the
maximum pergola size from 150 square feet to
493 square feet and to decrease the minimum
rear yard accessory structure setback from 5
feet to zero.
ZVAR21-0002
2309 Fiddlers Lane
Site Context and Details
Located between Fiddlers
Lane and Seminole Road.
Zoned Residential, Single
Family (RS-1)
Directly behind the lot is
the Oceanwalk community
detention pond.
Site Context and Details
Proposed Pergola Location
Site Context and Details
Proposed Pergola Location Seminole Rd.
Proposed Plan
The applicant is
planning to build a
pergola on the
southwest corner of
the lot over an
existing patio.
The proposed
pergola is 493
square feet.
Need for Variance
The proposed pergola would exceed the 150 square foot
maximum pergola size (exceeds by 343 sq ft.)
The proposed pergola would also exceed the minimum
accessory structure rear yard setback of 5 feet (build to rear
property line)
Considerations
The buildable area is bound to the west by a 35 foot wide private
vegetation buffer on the east side of the property.
There is a pond to the south and there are no neighbors to the
east.
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 from the board members only. Some board members may be participating virtually but at a
minimum a quorum will be present in-person.
The public is invited to participate in-person. In-person participation will be held in Commission Chambers located
at 800 Seminole Road. Any materials or written documents must be presented to staff at a minimum of 24 hours
prior to the hearing to be included as part of the record.
PROJECT Property Location Map
Item No: ZVAR21-0002
Address: 2309 Fiddlers Lane
Applicant: John David Pesterfield
PUBLIC HEARING
Body: Community Development Board
Date March 16, 2021
Time: 6:00 PM
Request: Request for a variance to increase the maximum pergola size from 150 square feet to 493
square feet and to decrease the minimum rear lot line set back of 5 feet.
Summary: The applicants are requesting a variance to Section 24-151(g) to build a pergola over an
existing patio at 2309 Fiddlers Lane.
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.