418 Mako Drive ZVAR21-0003 Packet (Roman)CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.D
CASE NO. ZVAR21-0003
Request for a variance to allow two sheds on a residential lot.
LOCATION 418 Mako Drive (RE# 171472-0000)
APPLICANT Maria Roman
DATE April 20, 2021
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant is Maria Roman, the owner of the property
at 418 Mako Drive. This property is located on the west
side of Mako Drive in the residential, single-family (RS-
1) zoning district.
The applicant has an existing shed in the rear yard of the
property. The existing shed is approximately 96 square
feet. The applicant is seeking a variance to allow a second
shed on the property. The proposed shed will be 80 square
feet and 9 feet and 6 inches in height. The proposed shed
will meet the accessory structure setbacks of 5 feet in the
rear and side yards.
Section 24-151 (b) (1) (l) “Storage and tool sheds, not to
exceed one hundred fifty (150) square feet and twelve (12)
feet in height. Only one (1) detached storage or tool shed
shall be allowed on any single residential lot, and such
structures shall be a minimum distance of five (5) feet from the rear and side lot lines.”
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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.
(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, “We would like to have a second shed in our backyard for extra storage.” The
applicant stated that they have noticed some neighbors in the area have more than one shed in their
yard.
Page 3 of 3
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0003, 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 ZVAR21-0003, 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 allow two sheds on a
residential lot.
ZVAR21-0003
418 Mako Drive
Site Context and Details
Located on the west side of
Mako Drive –just north of
Triton Rd.
Zoned Residential, Single
Family (RS-1)
Site Context and Details
Proposed Plan
The applicant is planning to
build a shed in the rear yard
of the property.
The proposed shed is 80
square feet and 7 feet 10
inches in height.
Need for Variance
There is an existing shed on the property.
Section 24-151(b)(1)(l) limits the number of detached storage or tool
sheds allowed on any single residential lot to 1.
Existing shed
Proposed shed
Considerations
The proposed shed will not
exceed the size, height, and
setback requirements for
accessory structures.
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.
ACC21-0006
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.
Some board members may be participating virtually but at a minimum a quorum will be present in-person.
Virtual participation can be accessed via https://www.coab.us/506/Meeting-Videos. You will be prompted to
register. You must register to watch/listen or to provide public comment.
In person participation will be held in Commission Chambers located at 800 Seminole Road.
PROJECT Property Location Map
Item No: ZVAR21-0003
Address: 418 Mako Drive
Applicant: Maria J Roman
PUBLIC HEARING
Body: Community Development Board
Date April 20, 2021
Time: 6:00 PM
Request: Request for a variance to allow two sheds on a residential lot.
Summary: The applicants are requesting a variance to Section 24-151 (b) (1) (l) which restricts the
number of sheds on any single residential lot to one (1).
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.