Community Development Board (CDB) - 18 Jul 2023 - Agenda - Pdf
City of Atlantic Beach
Agenda
Community Development Board (CDB) Meeting
Tuesday, July 18, 2023 - 6:00 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
2.A. Approve minutes of the June 20th regular meeting of the Community 3 - 10
Development Board.
Community Development Board (CDB) - 20 Jun 2023 - Minutes - Pdf
3. OLD BUSINESS
4. NEW BUSINESS
4.A. 2311 Oceanwalk Drive West ZVAR23-0019 (Michael and Rachael McCann) - 11
Withdrawn
Request for a variance from Section 24-105(f)(1) to exceed the maximum
impervious surface area allowed within the RS-1 zoning district at 2311
Oceanwalk Drive West.
2311 Oceanwalk Drive West ZVAR23-0019 Staff Report
4.B. 576 Stocks Street ZVAR23-0018 (Ryan Tomka) 13 - 27
Request for a variance to exceed the maximum fence height at 576 Stocks Street.
576 Stocks Street ZVAR23-0018 Application
576 Stocks Street ZVAR23-0018 Staff Report
4.C. Chapter 24 (Land Development Regulations) and Impervious Area discussion 29 - 36
ImperviousAreaAnalysisMemoFinal
5. REPORTS
6. PUBLIC COMMENT
7. ADJOURNMENT
All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of
Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233.
Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the
address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should
submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting.
This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the
city's home page at www.coab.us.
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Community Development Board (CDB) - 18 Jul 2023
If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered
at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence
upon which any appeal is to be based.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities
needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City
Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting.
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Agenda Item #2.A.
18 Jul 2023
MINUTES
Community Development Board (CDB) Meeting
Tuesday, June 20, 2023 - 6:00 PM
Commission Chamber
Present: Jennifer Lagner, Member
Angela Farford, Member
Harold Gear, Member
Sylvia Simmons, Member
Ellen Golombek, Member
Richard Arthur, Alternate Member
Absent: Kirk Hansen, Member
Jeff Haynie, Member
Also Present: Amanda Askew, Planning & Community Development Director (PCDD)
Valerie Jones, Recording Clerk
Abrielle Genest, Planner
Jason Gabriel, City Attorney (CA)
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Ms. Golombek who was covering in Chair
Hansen's absence. Ms. Simmons arrived a few minutes later and chaired the rest of the meeting.
2. APPROVAL OF MINUTES
A. Approve minutes of the May 17, 2023 regular meeting of the Community
Development Board.
The minutes were approved.
3. OLD BUSINESS
A. 73 West 13th Street ZVAR23-0011 (Pamela Chappell) WITHDRAWN
Request for a variance to reduce the minimum rear yard setback from 20 feet to 13
feet and side yard setback to 4.6 feet to construct a sunroom on the north side of
the property at 73 West 13 th Street.
Ms. Golombek explained that this case was deferred and then withdrawn.
MOTION: To ACCEPT the withdrawal of ZVAR23-0011 as requested by the applicant.
Motion: Harold Gear
Second: Jennifer Lagner
Jennifer Lagner (Seconded By) For
Angela Farford For
Community Development Board (CDB)
June 20, 2023
Page 1 of 8
Page 3 of 36
Agenda Item #2.A.
18 Jul 2023
Harold Gear (Moved By) For
Ellen Golombek For
Richard Arthur For
Motion passed 5 to 0.
4. NEW BUSINESS
A. 1864 Selva Grande Drive ZVAR23-0014 (Jeff Popp)
Request for a variance from Section 24-109(c)(1) to reduce the minimum side yard
setback and to exceed the maximum size to construct a detached carport at 1864
Selva Grande Drive.
STAFF REPORT: Planner Genest presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Ms. Golombek asked about the size and height of the proposed structure. Planner Genest
said the size was 1080 sq. ft. and 15 ft. high. Mr. Arthur asked if the 3 ft. setback is
required for the existing driveway. Planner Genest explained that anything at ground
level can be up to the property line so the existing driveway meets the code. She added
that the proposed detached carport would be considered an accessory structure. Ms.
Farford asked about the impervious surface ratio. Planner Genest said nothing was
provided but the survey shows a lot of permeable surface area. Ms. Simmons asked
Planner Genest to clarify exactly what the applicant is proposing. Planner Genest did so
and explained that it wasn't the driveway that didn't meet setbacks but the proposed
carport.
APPLICANT REPORT: Jeff Popp introduced himself as the applicant. He said
Planner Genest explained it well and asked the Board if they had any questions. Ms.
Golombek asked if he could move it toward the home. He said it could and he didn't
want to tear up the existing driveway to pour a new area. Ms. Golombek suggested he
pour the concrete on the side closer to the house then the proposed structure wouldn't be
in the setback. The applicant would still need a variance for the size of the structure.
Mr. Arthur said he wasn't sure how the Board could go from 150 sq. ft. allowance to the
proposed 1080 sq. ft. Ms. Simmons asked the applicant if he could do with less sq. ft.
He explained that he wanted to cover a travel trailer and a truck but he really wanted to
cover the travel trailer. There was discussion regarding withdrawing the request and
come back with lesser demand. Ms. Askew said that withdrawal would require another
fee but deferral to a future meeting date would not.
PUBLIC COMMENT: Tom Fleming of 1850 Selva Grande Drive introduced himself
as a neighbor. He said he was opposed to the approval of this request.
Ms. Simmons provided a letter that was provided by Silet Wylie of 1855 Live Oak Lane.
Ms. Golombek read the letter which was opposed to the approval of this request.
BOARD DISCUSSION: Ms. Simmons asked the applicant if he would like to defer his
request and he agreed to defer it to the September 19th meeting. Mr. Gear said in order
Community Development Board (CDB)
June 20, 2023
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Agenda Item #2.A.
18 Jul 2023
to consider any future approval it would have to meet with the code. Ms. Lagner and
Ms. Farford agreed with Mr. Gear.
MOTION: To DEFER ZVAR23-0014 to the September 19th Community Development
Board meeting.
Motion: Harold Gear
Second: Jennifer Lagner
Jennifer Lagner (Seconded By) For
Angela Farford For
Harold Gear (Moved By) For
Sylvia Simmons For
Ellen Golombek For
Richard Arthur For
Motion passed 6 to 0.
B. 91 Ocean Breeze Drive ZVAR23-0015 (Kyle and Caitlin Khadivi)
Request for a variance from Section 24-108(f)(1) to exceed the maximum
impervious surface area and Section 24-253 to exceed the maximum driveway
width for the driveway replacement at 91 Ocean Breeze Drive.
STAFF REPORT: Ejsfdups!Btlfx!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif!
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Qvcmjd!Xpslt!ejeo(u!dbudi!uif!qsjwbuf!spbe!ejtdsfqbodz!xijdi!qvu!uif!jnqfswjpvt!
tvsgbdf!sbujp!pwfs!uif!dpef/!!Ejsfdups!Btlfx!beefe!uibu!xifo!qmbot!bsf!tubnqfe!cz!
bo!bsdijufdu!ps!fohjoffs!uifo!tubgg!cfmjfwft!uifn!up!cf!bddvsbuf/!!Ns/!Bsuivs!btlfe!
xibu!uif!pggjdjbm!mpu!dpwfsbhf!xbt/!!Ejsfdups!Btlfx!tbje!tubgg!dbmdvmbufe!uif!fyjtujoh!
mpu!dpwfsbhf!bu!64/9!&!xijdi!jodmveft!uif!qsjwbuf!spbe/!!Uifz!bsf!sfrvftujoh!bo!
beejujpobm!249!tr/!gu/!xijdi!xpvme!ublf!uifn!vq!up!66/5&!mpu!dpwfsbhf!boe!56&!jt!
xibu!jt!bmmpxfe/!!Uifsf!xbt!gvsuifs!ejtdvttjpo!bcpvu!tubgg(t!dbmdvmbujpot!boe!uif!
bqqmjdbou(t!dbmdvmbujpot/!!Ejsfdups!Btlfx!opufe!uibu!sfhbsemftt!jg!uif!qsjwbuf!spbe!jt!
ps!jt!opu!jodmvefe-!b!wbsjbodf!up!fydffe!mpu!dpwfsbhf!jt!sfrvjsfe/!!Tif!tbje!uibu!xifo!
uif!qppm!xbt!cvjmu!ju!xbt!bo!pwfs.tjhiu!po!uif!qppm!dpousbdups(t!qbsu!up!jodmvef!uif!
qsjwbuf!spbe!xijdi!hsfbumz!bggfdufe!uif!dbmdvmbujpot/!!Nt/!Mbhofs!btlfe!xip!
nbjoubjot!uif!qsjwbuf!spbe/!!Qmboofs!Btlfx!tbje!tif!bttvnfe!uibu!uif!IPB!eje/
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APPLICANT REPORT: Kyle Khadivi introduced himself as the applicant. He
discussed how they arrived at the previous lot coverage calculations. Mr. Khadivi said
the private road wasn't factored into the previous calculations because there are public
utilities in that location and they can't be make pervious. He said the Building
Community Development Board (CDB)
June 20, 2023
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Agenda Item #2.A.
18 Jul 2023
Department concluded that the road should be adjusted out. Mr. Khadivi said that his
lot and the lot provides stormwater drainage for the entire neighborhood.
Ms. Lagner asked why Mr. Khadivi wanted to put back what was taken out of the original
driveway. Mr. Khadivi said it was esthetics and the pitch of the driveway which causes
everything he puts in the openings to erode away. She asked him if he had looked at
other options and he said he had. Ms. Golombek asked who maintained the stormwater
drainage. Mr. Khadivi said it is in their bylaws. Ms. Golombek asked him if he had
considered removing the concrete driveway and do something creative with pervious
options. Mr. Khadivi said it would be an additional cost. Mr. Arthur confirmed with the
applicant that it is an HOA. He asked Mr. Khadivi if he was aware of the difference
between his calculations and staff calculations. Mr. Khadivi said his architect and pool
contractor had previously done that so he didn't think he had to check it again. There
was further and lengthy discussion about the stormwater drainage and the private road.
Ms. Golombek asked if he was to remove the walkway to the side if that might help. Mr.
Khadivi said he would still be over the allowed percentage.
PUBLIC COMMENT: Larry Walshar of 90 Ocean Breeze Drive introduced himself.
He was in favor of the approval of this variance request. He said the HOA takes care of
the private road and the stormwater drain.
Carl Fox of 70 Ocean Breeze Drive introduced himself. He said he is the president of
the HOA and they voted in favor of supporting the variance request.
BOARD DISCUSSION: Ms. Lagner asked what are the correct numbers for the
pervious/impervious surface. Director Askew said the applicant was looking to increase
the lot coverage by 133 sq. ft. regardless of the actual numbers for the private road. She
said that staff stands on the fact that the road is to be included in the lot coverage whether
it was neglected in 2020. Mr. Arthur said the Board should consider that the applicant
would be exceeding the allowed lot coverage no matter which calculations are correct.
Mr. Gear said that when looking at the survey there is a large amount of lot coverage and
he believes the current staff calculations are correct. Mr. Arthur said that the stormwater
drainage should be the responsibility of the HOA and not the homeowner. Mr. Gear said
even if the road was removed from the calculation the lot coverage would still be above
45%. Ms. Simmons talked about the influx of large homes being built that have to get
creative with drainage options from retention ponds to grass strip driveways.
Mr. Walshar asked if the floor could be opened back up to public comment. It was
opened up for 1 minute. Mr. Walshar explained that there were 5 acres behind the
applicant where a lot of water drains away from this area.
The Board went over the conditions for approval. Ms. Simmons asked if the Board saw
that the request met any of the grounds for approval. Ms. Lagner said she didn't see
where it does. Mr. Arthur thought maybe condition #1 due to the private road. Ms.
Simmons agreed that it wasn't much additional lot coverage but that it is the Board's job
to stick to the 6 grounds for approval.
MOTION: To DENY ZVAR23-0015 due to it not meeting any grounds for approval.
Community Development Board (CDB)
June 20, 2023
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Agenda Item #2.A.
18 Jul 2023
Motion: Ellen Golombek
Second: Harold Gear
Jennifer Lagner For
Angela Farford For
Harold Gear (Seconded By) For
Sylvia Simmons For
Ellen Golombek (Moved By) For
Richard Arthur Against
Motion passed 5 to 1.
C. 1110 Scheidel Court ZVAR23-0016 (Mitchel Skaff and Connor Millsaps)
Request for a variance to Section 24-108 reduce the minimum rear yard setback,
exceeded maximum impervious surface area, and Section 24-68 required on-site
water retention to allow an existing unpermitted covered patio at 1110 Scheidel
Court.
STAFF REPORT: Ejsfdups!Btlfx!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif!
tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/
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Ejsfdups!Btlfx!tbje!ju!xbt-!ipxfwfs-!ju!xbt!epof!cz!uif!qsfwjpvt!pxofs/!!Nt/!
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3117!b!qfsnju!xbt!jttvfe!gps!uif!tnbmm!dpodsfuf!qbujp/!!Tif!tbje!b!qsfwjpvt!pxofs!
beefe!b!mbshf!dpwfsfe!qpsdi!bu!uif!cbdl!pg!uif!ipvtf!boe!ofx!qbwfst!xjuipvu!b!
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APPLICANT REPORT: Mitchel Skaff introduced himself as the property owner. He
explained that he and his wife bought what they thought was their dream house. Mr.
Skaff said he used a home inspection company and had no clue that the porch was not
permitted. He said it would be a tremendous financial burden if they had to remove it.
Mr. Skaff said that even if he removed every paver on his lot he would still be at 47%.
He asked that the board let him keep the porch and he would add any drains that are
necessary. Mr. Skaff had a letter from the HOA supporting him.
Mr. Arthur had the applicant confirm the 47% which was the original build. Director
Askew said at that time the code allowed up to 50% lot coverage.
PUBLIC COMMENT: David Thomas of 832 Bonita Road introduced himself as the
father and introduced his daughter who is one of the applicant's neighbor. He said in
2015 he wanted to build something similar for his daughter but was told that they
couldn't. Mr. Thomas said the previous owner told him the code had been changed but
when he asked the City they told him he couldn't.
Community Development Board (CDB)
June 20, 2023
Page 5 of 8
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Agenda Item #2.A.
18 Jul 2023
Director Askew explained that the lots are not technically non-conforming because the
parent parcel met the density requirements of 7500 sq. ft. when it was developed.
BOARD DISCUSSION: Mr. Arthur asked if the Building Department has looked at
this. Director Askew said that if the variance passed then the applicant would apply for
an after-the-fact building permit. Mr. Arthur asked if it wasn't built according to code
then would it have to be rebuilt. Director Askew said that was correct. Ms. Golombek
asked about the stop work order. Director Askew said there was an issue with the fence
and building and that provided a path for the applicant before going to the Special
Magistrate. Ms. Simmons went through the history of the property. Director Askew
said a neighbor came in and inquired about building something similar but when they
got turned down they explained that the neighbor already did what they were requesting.
She said that triggered this to go to Code Enforcement first and staff began to work with
the applicant to get them into compliance. Director Askew said that the City wants to
make sure it's safe and in reviewing they realized it didn't meet any of the setbacks,
impervious area or stormwater requirements. Mr. Arthur asked if the request was
approved would it trigger on-site retention. Director Askew said it would only trigger it
for the new portion that exceeds the lot coverage. Ms. Golombek asked if the driveway
was part of the original construction. The applicant said it was. Ms. Simmons asked if
it was turned down by the Board what would come next. Director Askew said they
would go back to the applicant and give them an opportunity to remedy the issue which
would mean tearing down the porch. If the applicant didn't do that then it would go to
the Special Magistrate who would see if it meets the code. Ms. Simmons asked if the
applicant could sue the previous owner. Attorney Jason Gabriel said he wasn't there to
give legal advice but that would be the thing to do. There was further discussion of the
lot size and the parent lot, what the cost of removal would be and whether the Code
allows for flexibility in situations like this. Director Askew said you have to meet
minimum density, building codes, parking, lot coverage, and stormwater.
The Board looked to see if the request met any of the 6 requirements for approval. Mr.
Gear said it was a moral hazard for the applicant. Ms. Simmons said the porch addition
was massive overstep on the part of the previous owner and did not see any grounds for
approval.
MOTION: To DENY ZVAR23-0016 on the grounds that it does not meet any of the 6 criteria
for approval.
Motion: Harold Gear
Second: Sylvia Simmons
Mr. Arthur suggested the Board discuss a motion to approve with conditions. Mr. Gear and Ms.
Simmons said they feel bad for the applicant but didn't see any grounds for approval. Attorney
Gabriel explained that a Board member on the opposing side of the first motion would have to
make the next motion if it is to deny the approval of this request. He said if another motion
wasn't made then the case would be deferred.
Community Development Board (CDB)
June 20, 2023
Page 6 of 8
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Agenda Item #2.A.
18 Jul 2023
Mr. Arthur made a motion to APPROVE ZVAR23-0016 with the conditions that the covered
porch would remain along with the pavers underneath it and all other pavers installed between
the 2006 and the 2021 surveys would have to be removed.
Ms. Golombek asked if they could appeal this to the City Commission. Director Askew said it
could be appealed within 30 days of the Community Developments decision. Mr. Arthur said
he would remove his motion and asked if someone else would want to make a motion.
Jennifer Lagner Against
Angela Farford For
Harold Gear (Moved By) For
Sylvia Simmons (Seconded By) For
Ellen Golombek Against
Richard Arthur Against
Motion failed 3 to 3.
MOTION: To DENY ZVAR23-0016 on the grounds that it does not meet any of the 6 criteria
for approval.
Motion: Ellen Golombek
Second: Angela Farford
Jennifer Lagner For
Angela Farford (Seconded By) For
Harold Gear For
Sylvia Simmons For
Ellen Golombek (Moved By) For
Richard Arthur For
Motion passed 6 to 0.
D. 671 Amberjack Lane ZVAR23-0017 (Adam King)
Request for a variance to the platted Building Restriction Line (BRL) at 671
Amberjack Lane.
STAFF REPORT: Qmboofs!Hfoftu!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif!
tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/
APPLICANT REPORT: The applicant was called out of town for his job and was not
present.
PUBLIC COMMENT: There were no public comments.
Community Development Board (CDB)
June 20, 2023
Page 7 of 8
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Agenda Item #2.A.
18 Jul 2023
BOARD DISCUSSION: Ms. Golombek asked if it could be deferred and Director
Askew said it could. The Board discussed past request pertaining to this BRL and its
history. Ms. Farford wanted to hear from the applicant. Mr. Arthur said it was the same
case that the Board voted on 2 meetings ago. Ms. Simmons said there are 600 homes in
that area that are affected by this BRL. Ms. Golombek asked if the applicant had to be
here and Director Askew said they do not. She said she saw this type of request be
approved by the Community Development Board several times.
MOTION: To APPROVE ZVAR23-0017.
Motion: Richard Arthur
Second: Jennifer Lagner
Mr. Gear said that if the Commission wanted to approve 20 feet then let them do that. Mr.
Arthur explained that all 600 homeowner deeds would have to be recorded.
Jennifer Lagner (Seconded By) For
Angela Farford For
Harold Gear Against
Sylvia Simmons For
Ellen Golombek For
Richard Arthur (Moved By) For
Motion passed 5 to 1.
5. REPORTS
Director Askew said that on June 22nd at 2:00 p.m. and 6:00 p.m. there will be another public
hearing to hear about Chapter 24 and the Comp Plan update. She said it will be the same material
as past meetings. Director Askew said that after public comments and public input they will
plan a joint meeting between the City Commission and the Community Development Board to
have a workshop to discuss the changes.
6. PUBLIC COMMENT
There were no public comments.
7. ADJOURNMENT
There being no further discussion, Chair Simmons declared the meeting adjourned at 8:13 p.m.
Attest:
Amanda Askew Kirk Hansen, Chair
Community Development Board (CDB)
June 20, 2023
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Agenda Item #4.A.
18 Jul 2023
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AGENDA ITEM4.A
CASE NO.ZVAR23-0019(WITHDRAWN)
Request for a variancefrom Section 24-105(f)(1) to exceed the maximum
impervious surface area allowed within the RS-1 zoning district at 2311
Oceanwalk Drive West
LOCATION2311 Oceanwalk Drive West
APPLICANTMichael and Rachel McCann
DATEJuly 13, 2023
STAFFAmanda Askew, Director of Planning and Community Development
STAFF COMMENTS
Upon further research on varianceapplication ZVAR23-0019 for 2311 Oceanwalk Drive West, staff has
determined a variance is no longer needed for this request. This request will need to be withdrawn.
However, because this item was advertised it must be placed on the agenda.
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Agenda Item #4.B.
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Fence Addendum ƦķğƷĻķ ЊΉЊЍΉЋЉЋЊ
City of Atlantic Beach Building Department
800 Seminole Road, Atlantic Beach, FL 32233
PERMIT # ____________
Phone: (904) 247-5826 Email: Building-Dept@coab.us
Job Address: Date:
576 Stocks St (Duplex under the address 574 Stocks St)
5/31/23
_________________________________________________ ________________________________________________
Property Type: Lot Type/ Features:
Residential One Street frontage (interior lot)
Commercial More than one street frontage (corner lot, through lot,
etc.)
Swimming Pool
Fence Material: Fence Height (select all that apply):
Wood Four Foot (4ft)
Chain Link Six Foot (6ft)
Vinyl Other ______________________
Block/ Stone (Plan details required for footings and/or
retaining walls)
Other ______________________
Fence Location:
Please submit an accurate and current boundary survey showing all existing improvements (including building footprint,
driveway, swimming pool, etc.) and location of fence/wall and any gates. Plan details required for block wall footings and/or
retaining walls and any portion or fencing above 6ft in height.
Will the fence be built in an easement?
Yes (must submit separate Revocable Encroachment Agreement)
No
Will tree(s) be removed in association with proposed project?
Yes (must submit separate Tree Removal Permit)
No
Conditions of Approval:
Roll off container company must be on City approved list. Roll off container cannot be placed on City right-of-way.
All old fencing and debris must be removed from job site by contractor or homeowner.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT.
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Agenda Item #4.B.
18 Jul 2023
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AGENDA ITEM4.B
CASE NO.ZVAR23-0018
Request for a variance to exceed the maximum fence height at 576 Stocks Street.
LOCATION576 Stocks Street (RE# 170703-0705)
APPLICANTRyan Tomka
DATEJuly 13, 2023
STAFFAbrielle Genest, Planner
STAFF COMMENTS
The applicant, Ryan Tomka, is the ownerof 576 Stocks Street.This
th
property is a duplex locatedon the southwest corner of West 6Street
th
and Stocks Street within the Residential, General, Two-Family (RG)
West 6 Street
zoning district.
At the time the property was developed, a 6 foot tall fence was
constructed between 3.6feet and 5.1 feet from the side property line.
When the subdivision was platted, a master drainage plan was developed
with retention areaslocated on the north and south sides of each duplex
in addition to a 10-footprivate drainage easement across the rear year of
all the properties.
Stocks Street Subdivision - Drainage
Plan, 2005
Retention area
Page 25 of 36
Agenda Item #4.B.
18 Jul 2023
Per Section 24-157(c)(1), “For corner lots located on rights-of-way that are fifty (50) feet or less in width,
no fence, wall or landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of
th
any lot line which abuts a street.” The 6 foot tall fence on the north side of the property abutting West 6
Street, a 50-foot wide right of way, is located closer than 10 feet to the property line. The applicant is
seeing a variance to allow the fence to be rebuilt in the location of the existing fence.
Approx. 10 feet for the
side property line
ANALYSIS
Section 24-65 statesthat “applicationsfor 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
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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 24-65of 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.
(5)Irregular shape of the property warranting special consideration.
The applicant identified this as a ground for approval. See the application for additional comments.
(6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
The applicant identified this as a ground for approval. See the application for additional comments.
REQUIRED ACTION
The Community Development Board may consider a motion to approveZVAR23-0018,request for a
varianceto Section 24-82(c) uponfinding this request is consistent with the definition of a variance, and
in accordance withthe 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 improvementsupon 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 denyZVAR23-0018,requestfor a
variance to Section 24-82(c),finding this requestis not consistent with the definition of a variance.
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