720 Bonita Road ZVAR22-0015 PACKETZVAR22-0015
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: ZVAR22-0015
Address: 720 Bonita Road
(RE #171093-0000)
Applicant: Paul West
PUBLIC HEARING(S)
Body: Community Development Board
Date September 20, 2022
Time: 6:00 PM
Request: Request for a variance to the platted Building Restriction Line (BRL) at 720 Bonita Road.
Summary: The applicant is requesting a variance to build an addition within the 25-foot Building
Restriction Line (BRL) at 720 Bonita Road. The proposed addition would be 20 feet from
the north property line.
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.
The city will hold a “hybrid” meeting as outlined in Resolution No. 2 0-32 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.
Request for a variance to the platted Building
Restriction Line(BRL) at 720 Bonita Road.
ZVAR21-0015
720 Bonita Road
Site Context and Details
Located on the south side
of Bonita Road.
Zoned Residential, Single
Family (RS-1)
Lot is bound by a front yard
25-foot Building Restriction
Line (BRL)
Site Context and Details
Existing Survey
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 north
side of the existing
home.
The proposed addition
in the front is
approximately 154
square feet and the
proposed porch
addition is
approximately 142
square feet.
Proposed Plan
20 ft. front yard
setback per RS-1
zoning district
Entry porch Enclosed
addition
Need for Variance
The proposed addition would
extend beyond the 25 foot
Building Restriction Line on
Bonita Road.
The minimum setback in the
RS-1 zoning district in the front
yard is 20 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.
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.
City Commission voted to remove the 25 ft BRL in the Royal Plats
subdivision plat, but plats have not been revised.
Community Development Board voted to approve a similar
request in 2021.
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.C
CASE NO. ZVAR22-0015
Request for a variance to the platted Building Restriction Line (BRL) at 720
Bonita Road.
LOCATION 720 Bonita Road
APPLICANT Paul West
DATE September 20, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Paul West, is representing the owner of
720 Bonita Road. This property is located on the south
side of Bonita Road, within the Residential, Single-
Family (RS-1) zoning district.
The applicant would like to build an addition on the
north 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 (BRL) 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”.
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
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
Page 2 of 4
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 Bonita Road.
The proposed addition would extend
beyond the 25-foot BRL but will not
exceed the 20-foot required front
yard setback. The proposed
setbacks are consistent with the
minimum setbacks in the zoning
district.
The proposed addition 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.
Existing Survey
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 prov ision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in
Proposed Plan
20 ft. front yard
setback per RS-1
zoning district
Page 4 of 4
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.
(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, “the BRL from the old plat shows 25’ front set back, when the architect
contacted the City, they were told it is RS-1 zoning and it was a 20’ front yard set back. Requesting
for variance to use the current zoning for RS-1 on prop.”
(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 ZVAR22-0015, request for a
variance to exceed 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 ZVAR22-0015, request for a
variance to exceed the platted Building Restriction Line.
September 9, 2022
RE: 720 Bonita Road, Atlantic Beach, Fla.
To whom it may concern,
My company, Imagine Architectural Designs, has been working with
Dane & Whitney Jefferys on an addition/ renovation project for their
personal residence at the address listed above. Part of our initial
discovery process is to call the Atlantic Beach Building and Zoning
Department and ask what the property zoning and setbacks are. We
were informed that the zoning was RS-1 with setbacks of 20’ front, 20’
rear, and 7.5’ for the sides.
It has come to our attention that there is an existing 25’ front setback
by plat for this property. At the time we contacted the City of Atlantic
Beach we were not told about the 25’ front setback and we designed
the addition based on the 20’ front setback as was told to us by the
City.
Our client is currently in the process of applying for a variance to allow
the front addition to remain as it was designed. We feel that the
circumstances as explained earlier in this letter should be taken into
consideration during the variance process.
If you have any questions or need any additional information, please let
us know.
Best Regards,
Wallace Brown – Imagine Architectural Designs