2239 Barefoot Trace ZVAR22-0010 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: ZVAR22-0010
Address: 2239 Barefoot Trace (RE #169463-0636)
Applicant: James Hanson
PUBLIC HEARING(S)
Body: Community Development Board
Date July 19th, 2022
Time: 6:00 PM
Request: Request for a variance from Section 23-33 to reduce the mitigation owed for removal of 3
trees.
Summary: The applicant is proposing to remove 3 trees in the front and side yard of the property to
install a new driveway. The mitigation owed for this removal is 45 inches.
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.
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.
Request for a variance from Section 23-33 to
reduce the mitigation owed for removal of
three (3) trees.
ZVAR22-0010
2239 Barefoot Trace
Site Context and Details
Located on the east side of
Barefoot Trace.
Zoned Residential, Single-
Family (RS-1)
Site Context and Details
Background
The applicant submitted a tree removal permit application May
24th, 2022 for removal of three (3) trees.
These trees meet the definition of a regulated tree.
“Any tree on private property, except those species listed on the
Atlantic Beach Prohibited Species List, meeting the following
conditions
A. a DBH of eight (8) inches or more
Per Section 23-33 (a), staff will approve removal of the 6 palms,
however, they must be mitigated and/or paid into the tree
conservation fund.
Tree #1
Trees #8 and #9
Tree #9
Tree #8
Required Mitigation
Section 23-33 (a) “Replacement or relocation shall be the preferred
methods of mitigation. Unless mitigation in the form of payment into
the tree conservation fund has been approved in accordance with
section 23-37, mitigation in the form of tree replacement, relocation
or preservation shall be required to offset and impacts resulting from
the removal of regulated trees/vegetation as a condition of the tree or
vegetation removal permit.”
Section 23-33 assess mitigation based on the property type. The
subject property falls into the “Developed Lot” classification.
CLASSIFICATION OF
PROPERTY/PROJECTS
CATEGORY OF REGULATED TREE
Diameter at breast
height (DBH) less
than fourteen (14)
inches
Ratio is expressed as
inches removed:
inches owed
Diameter at breast
height (DBH) equal to
or greater than
fourteen (14) inches
and less than thirty (30)
inches
Ratio is expressed as
inches removed: inches
owed
Diameter at breast
height (DBH) of thirty
(30) inches or greater
Ratio is expressed as
inchesremoved:
inches owed
Heritage
Ratio is
expressed as
inches removed:
inches owed
Vacant lot1 1 : 0.5 1 : 0.5 1 : 1 1 : 2.5
Developed lot2 1 : 0.5 1 : 1 1 : 2 1 : 3
New construction3 1 : 1.5 1 : 2 1 : 3 1 : 4
Mitigation Assessment
ID # Species DBH Mitigation Ratio (inches
removed: inches owed
Mitigation Owed
1 Hickory 20” 1: 1 20”
8 Oak 10” 1: 0.5 5”
9 Water Oak 20” 1: 1 20”
TOT-AL 69”45”
Tree fund rate = $150.00/ inch owed 45”= $6,750.00
Need for Variance
The applicant is proposing to expand
the driveway to improve access to
the home. They would like to remove
trees for planned projects without
mitigating.
Section 23-33(a) states “mitigation in
the form of tree replacement,
relocation or preservation shall be
required to offset any impacts from
the removal of regulated
trees/vegetation as a condition of the
tree or vegetation removal permit”.
Considerations
The applicant is preserving more than 30 trees.
Grounds for Decision
APPROVAL-existence of
one or more of the following
Section 23-25 (b)
DENIAL-
1.Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive.
2.Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials.
3.Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species.
4.Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees.
The CDB may consider a denial upon
finding that none of the
requirements in 23-25 (b) exist.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR22-0010
Request for a variance from Section 23-33 to reduce the mitigation owed for
removal of three (3) trees.
LOCATION 2239 Barefoot Trace (RE# 169463-0636)
APPLICANT James Hanson
DATE July 8, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, James Hanson, is the owner of 2239
Barefoot Trace. This property is located on the east side
of Barefoot Trace in the Residential, Single-family (RS-
1) zoning district.
The applicant is requesting a variance from Section 23-
33(a) to remove two (2) oak trees and one (1) hickory
tree without mitigating. This section of the code requires
mitigation (replacement), relocation or payment into the
tree conservation fund for trees removed on the property.
“Section 23-33 (a) Mitigation required. Replacement or relocation shall be the preferred methods of
mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved
in accordance with section 23-37, mitigation in the form of tree replacement, relocation or
preservation shall be required to offset any impacts resulting from the removal of regulated
trees/vegetation as a condition of the tree or vegetation removal permit.”
The applicant is proposing a driveway expansion to improve access to the home. The proposed property
improvements require the removal of trees for construction. The applicant is seeking the variance to waive
the requirement for mitigation and/or payment into the tree conservation fund.
The three (3) trees meet the definition of a private regulated tree. They are defined as “any tree on private
property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following
conditions: a. a DBH of eight (8) inches or more”. The table below details the trees proposed for removal
including the species, size (Diameter at Breast Height - DBH), and mitigation assessment for each tree.
Per Section 23-33 (a) staff will approve the removal of the trees however they must be mitigated and/or
money paid into the tree conservation fund.
Page 2 of 5
The mitigation ratio is assessed based on the classification of the property (vacant, developed, new
construction, public property, etc.).
The subject property is
considered a developed lot,
which is defined as “any
parcel upon which any
building, structure,
pavement or stormwater
facility exists or is proposed
but which does not fall under
the definition of new
construction or vacant lot”.
Using the required assessment,
the mitigation owed is a total of
45” of trees and/or the
equivalent paid into the tree
conservation fund. Mitigation
shall be in the form of tree
replacement, relocation or
preservation, or payment into
the tree fund. Mitigation can
be met by planting the owed
mitigation on site, paying into
the tree fund, or a combination
of the two. The tree fund rate is
$150.00 per inch of mitigation
owed. The cost equivalent for
the proposed removal is
$6,750.00. Replacement trees
must be selected from Section
23-33 (f) “City of Atlantic
Beach Recommended Tree
List”. Only designated
maritime species may replace
removed maritime species
(hickory). Additionally, only
oak trees may replace oak
trees.
The figure to the right is
provided by the applicant and
the tree ID #’s from the table
above correspond to the
numbers in the figure showing the approximate location of the proposed trees for removal.
Tree
ID #
Species DBH Mitigation
Ratio
(inches
removed:
inches owed
Mitigation
Owed
1 Hickory
Tree
20” 1: 1 20”
8 Oak 10” 1: 0.5 5”
9 Water Oak 20 1: 1 20
TOTAL 45”
Barefoot Trace
Page 3 of 5
Tree #1
Tree #8
Tree #9
Page 4 of 5
ANALYSIS
Section 23-25 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 23-25 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 23-25(b) provides four distinct grounds for the approval of a variance:
(1) Exceptional topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
The applicant stated, “the hickory tree near the street should be removed to allow for the maintenance
of the driveway by replacing the old concrete drive with pavers. The base of the tree is directly
adjacent to the driveway and the root has grown over the concrete. To remove the existing driveway
and dig down to put in the sand base will require cutting about half of the tree’s root system. It may
not survive or may blow over as a result”.
(2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting
of landscape materials.
The applicant stated, “The only significant greased area in front of the house has electric and water
lines running through it. The sewer line may also be there because it would not have been practical
to run it through the woods on either side when the house was built”.
Page 5 of 5
(3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
(4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation
areas and/or trees.
The applicant stated, “there are no practical places to plant new trees on my lo that would not
interfere with existing trees. There are already 34 trees in the front and side yards. Trees in
neighboring yards on the east and north sides extend well lover my property. My house and driveway
are clearly and radically designed to keep the trees including a very large live oak next to my front
door and another large oak literally in the middle of my house”.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0010, request for a
variance to Section 23-33 upon finding this request is consistent with the definition of a variance, and in
accordance with the provisions of Section 23-25, specifically the grounds for approval delineated in
Section 23-25(b) and as described below.
A variance may be granted, at the discretion of the Community Development Board, for the
following reasons:
(1) Exceptional topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
(2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of
landscape materials.
(3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
(4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas
and/or trees.
Or,
The Community Development Board may consider a motion to deny ZVAR22-0010, request for a
variance to Section 23-25, finding this request is not consistent with the definition of a variance.