122 6th Street East ZVAR22-0007 PACKETZVAR22-0007
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).
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: ZVAR22-0007
Address: 122 6th Street
(RE# 170149-0000)
Applicant: Candice Noll
PUBLIC HEARING(S)
Body: Community Development Board
Date June 21, 2022
Time: 6:00 PM
Request: Request for a variance to reduce the minimum side yard setback to enclose an existing
second floor covered deck at 122 6th Street.
Summary: The applicant is requesting relief from Section 24-108 to reduce the side yard setback from
7.5 feet to 2.3 feet to enclose an existing covered deck. Section 24-85 does not allow
expanding or enlarging of nonconforming structures.
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with r espect to any
matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advi sed that
such person will need to insure that a verbatim record of all proceedings is made, which must include the te stimony 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 Notic es
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.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attenda nce. 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 callin g (904) 247-5800 not less
than three days prior to the public hearing.
Request for a variance to reduce the minimum
rear yard setback to enclose an existing deck
at 122 6th Street.
ZVAR22-0007
122 6th Street
Site Context and Details
Located on the south
west corner of 6th
Street and Beach
Avenue.
Zoned Residential,
General, Two-Family
(RG)
Property is 50 feet
wide by 79 feet deep
Background Information
•In 1987, a permit was
pulled to convert an
overhang into a
covered deck.
•March 2022, the
applicant submitted a
building permit
application to enclose
the 2nd floor deck.
Proposed Plan
The applicant is planning to enclose the existing 2nd story deck
with windows.
Need for Variance
Section 24-107(e)(3) requires the
side yard setback to be a
combined 15 feet and 5 feet
minimum on either side.
The existing deck encroaches 2.8
feet into the minimum side yard
setback.
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.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR22-0007
Request for a variance to reduce the minimum side yard setback to enclose an
existing deck at 122 6th Street.
LOCATION 122 6th Street
APPLICANT Candice Noll
DATE June 3, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Candice Noll, is the owner of 122 6th Street. The house was built in 1933 and is currently
used as a duplex. The lot is 50 feet wide by 79 feet deep and is located in the Residential, General, Two-
Family (RG) zoning district.
The applicant is proposing to enclose existing a second story covered deck on the side of the house, in the
“area of work” shown on the site plan below. In 1987, a permit was pulled to convert an overhang into a
covered deck along with other site improvements. The new enclosed areas would be be approximately
2.2 feet from the side lot line, shy of the minimum 5 foot setback required in this zoning district. As a
result, the applicant is requesting a variance from the side yard setback.
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.
Page 3 of 3
(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.
The applicant stated, “Property is substandard. 75 x 100 min. lot size. Smaller lot less room
inside/less buildable area”.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0007, request for a
variance reduce the minimum side yard setback to enclose an existing second flood covered deck at 122
6th Street, 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 ZVAR22-0007, request for a
variance to reduce the minimum side yard setback to enclose an existing second floor covered deck at 122
6th Street.