737 Triton Road ZVAR21-0014 Packet (Newell)ZVAR21-0014
... removed due to the technicalities of replatting, not because they were deemed necessary to keep. Our corner lot is exceptionally affected due to front AND side yard BRLs.
GARAGE
BEDROOM
BATH
KITCHEN
LIVING
PORCH
20
20
10
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR21-0014
Request for a variance to the platted Building Restriction Line (BRL) at 737
Triton Road.
LOCATION 737 Triton Road
APPLICANT Benjamin Newell
DATE September 21, 2021
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Benjamin Newell, is the owner of 737 Triton
Road. This property is located on the northeast corner of
Triton Road and Irex Road, within the Residential, Single-
Family (RS-1) zoning district.
The applicant would like to build an addition on the east
and south side of the existing single family home. The
applicant is requesting a variance to section 24-17 to allow
an addition to exceed the platted 25ft Building Restriction
Line in this subdivision. Section 24-17 of the Land
Development Regulations regulates the as “building
restriction line (BRL) shall mean the line(s) extending
across the front, sides, and/or rear of a lot or the property,
as depicted on a platted lot of record. Building shall be
contained within building restriction lines. Building
restriction lines, which may require a greater building
setback than the minimum yard requirement of the applicable zoning district, and which have been
recorded upon a final subdivision plat approved and accepted by city staff, shall be enforceable by the
city”.
Based on the city codes the south side of the property is considered the front yard and east side is
considered the side yard. Section 24-17 of the Land Development Regulations “lot, corner shall mean a
lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle
not greater than one hundred thirty-five (135) degrees. Unless conflicting with the prevailing development
pattern of the adjacent lots, the exterior lot line of the narrowest side of the lot adjoining the street shall
be considered the front of the lot, the exterior lot line of the longest side of the lot abutting the street shall
be considered as a side of the lot, and shall have a minimum required side yard of ten (10) feet. The
opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district
in which the property is located”.
The original plats were hand drawn in 1960 and included a uniform 25-foot Building Restriction Line for
all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers
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use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the norm or
character of the surrounding structures.
In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25-
foot BRL, such that the standard zoning district would apply (front yard setback of 20-feet). Staff
observed that the most lots in Royal Palms have about 15-feet from the street curb in the right-of-way
prior to the property line, so even with a standard 20-foot setback, the house will still be set back 30-35
feet from the street. City Commission hosted a workshop to discuss this and other Land Development
Regulations updates. As a result, Commission directed staff to amend the Royal Palms subdivision plat to
remove the 25-foot setback. At the December 14, 2009 Commission meeting, Commission approved a
motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions
and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct
legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property
owners and receive written approval from every property owner on the plats. In addition, if the property
has a mortgage on the property the mortgage company must sign off on the plat too. This was not
completed.
Currently, the existing house meets the 25-foot Building Restriction Line established on both Triton Road
and Irex Road. The proposed addition in the front side (Triton Street) would extend beyond the 25-foot
BRL but will not exceed the 20-foot required front yard setback. The proposed addition to the east side
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(corner side yard – Irex Rd) would extend beyond the 25-foot BRL and is proposing a 10-foot corner side
yard setback. Both of these proposed setbacks are consistent with the minimum setbacks in the zoning
district.
The portion of the proposed addition on the eastern side (Irex Road) would project further than the front
plane of the houses on either side of this block. Section 24-172 (a) (1-3) regulates residential development
standards. The purpose is to ensure that buildings are compatible in mass and scale with surrounding
buildings, maintaining a traditional scale of buildings as seen along the street and minimizing negative
visual impacts of larger new or remodeled buildings upon adjacent properties.
25’ BRL
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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.
The applicant stated “25’ BLSs platted in 1960s are preventing reasonable use of the property
compared to the rest of residential properties in Atlantic Beach. AB commission voted to remove
BRLs in Royal Palms neighborhood in 2009 so that standard RS-1 setback would apply. These BRLs
were not removed due to the technicalities of replatting, not because they were deemed necessary to
keep. Our corner lot is exceptionally affected due to front AND side yard BRLs.
(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.
Proposed Addition
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REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR21-0014, request for a
variance to the platted Building Restriction Line (BRL) 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 ZVAR21-0014, request for a
variance to exceed the platted Building Restriction Line at 737 Triton Road.
Request for a variance to the platted Building
Restriction Line(BRL) at 737 Triton Road.
ZVAR21-0014
737 Triton Road
Site Context and Details
Located on the northwest
corner of Triton Road and
Irex Road.
Zoned Residential, Single
Family (RS-1)
Lot is bound by two 25-foot
Building Restriction Lines
(BRL)
Site Context and Details
25 ft. BRL
The Royal Palms neighborhood was developed in the early 1960’s.
Original subdivision plats included a uniform 25-foot BRL for all
street frontages and corner lots.
Background
May 2009, City Commission held a workshop & directed
staff to amend the Royal Palms subdivision plat to remove
the 25’ BRL. Properties would need to meet the minimum
setbacks for the RS-1 zoning district.
June 2009, brought to CDB along with other LDR changes.
CDB recommended CC pass the LDR changes.
December 14, 2009, CC directed staff to proceed with
revision of the plat.
At the time, Commission was not advised of the correct
legal process for changing plat.
1.Mailers to over 600 property owners and their mortgage
holders
2.All parties to sign off on removing BRL and replat of
subdivision
Proposed Plan
The applicant is planning to build an addition on the south and east
side of the existing home.
The proposed addition is approximately 1070 square feet and the
proposed porch addition is approximately 180 square feet.
Location of proposed variance
Need for Variance
The proposed addition would
extend beyond the 25 foot
Building Restriction Line on
Irex Road and Triton Road.
The minimum setback in the
RS-1 zoning district in the front
yard is 20 feet and the side
yard is 7.5 feet.
The Royal Palms plat has a 25
ft. BRL that is to be enforced
over the required setback for
the RS-1 zoning district.
The portion along Irex Rd.
would project further than the
front plane of the houses on
either side of this block.
24-172 (a)(1-3)regulates
residential development
standards. The purpose is to
ensure that buildings are
compatible in mass and scale
with surrounding buildings,
maintaining a traditional scale
of buildings as seen along the
street and minimizing negative
visual impacts of larger new or
remodeled buildings upon
adjacent properties.
Considerations
The proposed addition will not exceed the 20 ft. required front
yard set back and 10 ft corner side yard setback in the RS-1 zoning
district.
The lot is bound by two 25 ft BRLs on the east and south side of
the property.
City Commission voted to remove the 25 ft BRL in the Royal Plats
subdivision plat, but plats have not been revised.
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 from 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: ZVAR21-0014
Address: 737 Triton Road (RE #171418-0000)
Applicant: Benjamin Newell
PUBLIC HEARING(S)
Body: Community Development Board
Date September 21, 2021
Time: 6:00 PM
Request: Request for a variance to the platted Building Restriction Line (BRL) at 737 Triton Road.
Summary: The applicant is requesting a variance to build an addition within the 25 foot Building
Restriction Line (BRL) at 737 Triton Road. The proposed addition would be 20 feet from
the south property.
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.
PUBLIC HEARING NOTICE
The CITY OF ATLANTIC BEACH
Community Development Board
will hold a public hearing to consider
and take action on the following
item(s) on Tuesday, September 21st,
2021, at 6:00 PM in the Atlantic
Beach Commission Chambers at
800 Seminole Road, Atlantic Beach,
FL, 32233. Live stream video can be
accessed via https:
//www.coab.us/506/Meeting-Videos.
ZVAR21-0013
1912 North Sherry Drive (RE#
172020 0826), Rawan Kablawi and
Andrew Bussey
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. ZVAR21-0014
737 Triton Road (RE# 171418
0000), Benjamin Newell
Request for a variance to the platted
Building Restriction Line (BRL) at
737 Triton Road.
Pursuant to Section 286.0105,
Florida Statutes, a person deciding to
appeal any decision made by the
Board with respect to any matter
considered at the meeting or at any
subsequent meeting to which the
Board has continued its deliberations
is advised that such person will need
to ensure 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
or at City Hall, 800 Seminole Rd.,
Atlantic Beach or by calling 904.247-
5917. Interested parties may appear
at the public hearing.
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.