1822 Seminole Road ZVAR22-0009 PACKETPUBLIC 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: ZVAR22-0009
Address: 1822 Seminole Road
(RE #172020-0508)
Applicant: Jonathan Frederick
PUBLIC HEARING(S)
Body: Community Development Board
Date August 16, 2022 (deferred from
July 19, 2022)
Time: 6:00 PM
Request: Request for a variance to reduce the minimum rear yard setback to build a second story
addition at 1822 Seminole Road.
Summary: The applicant is requesting a variance from Section 24-109 to build a second story addition
above the existing principal structure at 1822 Seminole Road. The proposed addition would
encroach 6.5 feet into the 30-foot rear yard setback.
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 evide nce 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.
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.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 3.A
CASE NO. ZVAR22-0009 (deferred from July 19, 2022)
Request for a variance to reduce the minimum rear yard setback to build a
second story addition at 1822 Seminole Road.
LOCATION 1822 Seminole Road
APPLICANT Jonathan Frederick
DATE June 28, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
This case was deferred by the board from the July 19, 2022
Community Development Board meeting.
The applicant, Jonathan Frederick, is the owner of 1822 Seminole
Road. This property is located on the west side of Seminole Road
approximately 300 feet north of Saturiba Drive and within the
Residential, Selva Marina (R-SM) zoning district.
The applicant would like to build a 2nd-story addition above the
existing single family home. The
applicant is still requesting a
variance to Section 24-
109(f)(2)(b) to allow an addition
to exceed the required 30ft rear
yard setback for properties
fronting Seminole Road in the R-
SM zoning district. This property
was platted in a Planned Unit
Development (PUD) which was
comprised of twelve (12)
different PUDs. The PUD
ordinance was established in
1972 as a tool for the City to gain
better control for development.
George Bull owned these lands
and had a concept for developing
the area, in which the city did not
have a master plan or
comprehensive plan to guide
development. As a part of the
Page 2 of 4
PUD, an Advisory Planning Board was required to review proposed development of three (3) or more
units for code
compliance. In 1982, the zoning code update eliminated the PUD requirement and review process.
Between 1982 and 2018, city staff enforced the Residential, Single-Family (RS-1) setbacks, rather than
the setbacks established by the PUD. As a result, 75 of the 224 lots in the PUD were nonconforming due
to fence heights, additions/new homes, and accessory structures.
During the LDR update in 2018, staff began to
address the issue of enforcing the variety of
setbacks within the PUD, in which staff
proposed rezoning the area to RS-1. This
solution would have given more flexibility to
property owners, bring most properties into
compliance, reduce future variance requests,
and maintain the allowed density and
permitted uses. When this solution was
brought to the community for input, residents
expressed that rezoning the area to RS-1
would result in a loss of unique character.
These characteristics established by the PUD
include building setbacks, minimum house
size, no fences allowed in the front yards, and
accessory structure sizes.
In an effort to maintain character, staff
proposed creating a new zoning district that
would maintain the original building setbacks,
minimum house sizes, and fence requirements
while providing some flexibility to accessory
structures, fence heights in the rear yard, and
screen enclosures. The zoning map
amendment was approved in 2018 to create
the R-SM zoning district.
In 2007, the former property owner of the subject property built a screen enclosure 23.5 feet from the rear
property line located over a patio built at the time of development in 1977. This was then enclosed in
2010. The applicant is proposing to build a 2nd story addition over the existing structure that encroaches
6.5 feet into the 30-foot rear yard setback.
Page 3 of 4
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.
6.5 ft. encroachment
23.5 ft setback
30 ft BRL Seminole Rd.
Page 4 of 4
The applicant stated, “I am doing a second story addition for my growing family. Half of my living
room is considered a non-conforming structure due to setback regulations. I would like to build a
second story above my already existing living room.”
(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, “In 2018, my house was folded back into Selva Marina… this tightened
setbacks beyond my current structure. I simply want a second story above my living room.”
(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 ZVAR22-0009, 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 ZVAR22-0009, request for a
variance to exceed the platted Building Restriction Line at 1822 Seminole Road.
Request for a variance to build a second story
addition at 1822 Seminole Road.
ZVAR22-0009
1822 Seminole Road
(deferred from July 19,2022 meeting)
Site Context and Details
Located on the west side of Seminole Road
Zoned Residential, Selva Marina (R-SM)
Background Information
•Originally platted as a Planned
Unit Development (PUD).
•Between 1982 and 2018, staff
enforced the Residential, Single-
Family (RS-1) setbacks.
•During a code update in 2019, staff
created a new zoning district (R-
SM) that maintains the original
building setbacks, minimum house
sizes, and fence requirements.
1979 Zoning Map
Proposed Plan and Need for Variance
The applicant is
planning to build a
second story
addition over the
existing structure.
The proposed
addition encroaches
6.5 feet into the 30
foot rear yard
setback.
6.5 ft. encroachment
23.5 ft
setback
30 ft BRL Seminole Rd.
Considerations
The structure was approved as a screen enclosure in 2007 and was
enclosed in 2010.
Encroachment
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.