512 Vikings Lane ZVAR21-0004 Packet (Engle)CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C
CASE NO. ZVAR21-0004
Request for a variance to reduce the minimum rear yard setback to build an
addition at 512 Vikings Lane.
LOCATION 512 Vikings Lane
APPLICANT Jason and Dawn Engle
DATE April 20, 2021
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicants, Jason and Dawn Engle, are the owners of 512 Vikings Lane. This property is 75 feet wide
by 100 feet deep and is located in the Residential, Single- Family (RS-2) zoning district.
There is an existing, deteriorating sunroom at the back of the house. This sunroom was built without a
permit in 2004 and then approved after the fact in 2005. The sunroom was built 17 feet, 1.5 inches from
the rear property line. The minimum rear yard setback in this zoning district is 20 feet, making this
sunroom a nonconforming structure. 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”. The
applicants would like to remove
this existing sunroom and
construct an enclosed addition
with the same rear setback of 17
feet, 1.5 inches. As such, the
applicants are requesting a
variance from section 24-
106(d)(2) to reduce the minimum
rear yard setback from 20 feet to
17 feet, 2 inches.
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.
(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 “when we purchased the home in 2008, we recognized the permitted sun room
was made of lesser quality construction materials and had always planned on upgrading it to a
permanent addition which would be more energy efficient and retain the function and value of our
home. We were unaware if was non-compliant until we began takin actual steps toward replacing
the structure by obtaining a site plan drawing from an architect. It was them that we discovered the
room is over the 20’ setback limit for the enclosed portion of the home in Atlantic Beach.” The
applicant details reasoning in the application.
(5) Irregular shape of the property warranting special consideration.
Page 3 of 3
(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 ZVAR21-0004, request for a
variance reduce the minimum rear yard setback to build an addition at 512 Vikings Lane, 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 ZVAR21-0004, request for a
variance to reduce the minimum rear yard setback to build an addition at 512 Vikings Lane.
Request for a variance to reduce the minimum
rear yard setback to build an addition.
ZVAR21-0004
512 Vikings Lane
Site Context and Details
Located on the south
side of Vikings Lane
Zoned Residential,
Single Family (RS-2)
Neighborhood south
of the tennis courts in
Jack Russell Park
Site Context and Details
Existing Sunroom
Background Information
•2004 sunroom built
without a permit
(previous owners)
•2005 approved after
the fact
•Sunroom encroaches
into required 20 foot
rear yard setback by 2
feet 10 ½”
Existing sunroom
Proposed Plan
The applicant is
planning to rebuild a
sunroom on the
south side of the
property –in the
same location/size
The proposed
addition is 468
square feet.
Existing sunroom
Need for Variance
The existing sunroom
encroaches 2 feet 10
inches into the 20 foot
rear yard.
The property owners
would like to re-build a
new sunroom in the
same location
Sunroom would
encroach
Considerations
The structure was approved as a sun room in 2005.
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.
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: ZVAR21-0004
Address: 512 Vikings Lane
Applicant: Jason and Dawn Engle
PUBLIC HEARING
Body: Community Development Board
Date April 20, 2021
Time: 6:00 PM
Request: Request for a variance to reduce the minimum rear yard setback to build an addition at 512
Vikings Lane.
Summary: The applicants are requesting a variance to Section 24-106(d)(2) to reduce the minimum
rear yard setback of 20 feet to build an addition at 512 Vikings 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.