1858 Beachside Court ZVAR22-0001 PACKETZVAR22-0001
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: ZVAR22-0001
Address: 1858 Beachside Court
(RE# 169542-0552)
Applicant: Jeffrey Ritter
PUBLIC HEARING(S)
Body: Community Development Board
Date February 15, 2022
Time: 6:00 PM
Request: Request for a variance to reduce the minimum rear yard setback to convert an existing
unpermitted attached pergola into a covered porch at 1858 Beachside Court.
Summary: The applicant is requesting relief from Section 24-108(e)(2) to reduce the minimum rear
yard setback of 20 feet to approximately 7.78 feet. There is an existing unpermitted attached
pergola that is 7.78 feet from the rear property line that the applicant seeks to convert into a
covered porch
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 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 Atl antic 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 reduce the minimum
rear yard setback to convert an existing
unpermitted attached pergola into a covered
porch at 1858 Beachside Court.
ZVAR22-0001
1858 Beachside Court
Site Context and Details
Located at the south
end of Beachside
Court in cul-de-sack
Zoned Residential,
General, Multi-Family
(RG-M)
Site Context and Details
Proposed Plan
The applicant is
planning to
build a covered
porch in place
of an existing,
unpermitted
pergola.7.78 feet15’ drainage and
utility easement 20.10 feet
Need for Variance
The existing attached pergola encroaches 12.22 feet into the
20 foot rear yard.
Section 24-151 states “structure(s) located closer than five (5)
feet to a principal structure shall be considered attached, and
shall comply in all respects with the lot, yard, and scale
limitation applicable to the zoning district in which they are
located”. This provision has been in the LDR since 2001.
The property owners would like to re-build a new covered
porch in the same location with a 7.78 rear yard setback.
Considerations
The covered porch would not encroach into a 7.5 ft. easement
located along the west property line.
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. ZVAR22-0001
Request for a variance to reduce the minimum rear yard setback to convert an
existing unpermitted attached pergola into a covered porch at 1858 Beachside
Court.
LOCATION 1858 Beachside Court
APPLICANT Jeffery Ritter
DATE January 24, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Jeffery Ritter, is the owner of 1858
Beachside Court. This property is located in a cul-de-sack
and is in the Residential, General, Multi-Family (RG-M)
zoning district.
There is an existing attached pergola at the back of the
house. The city does not have any documentation of
approved plans or permits for the exiting attached pergola.
Section 24-151, accessory structures, specifies that any
“structure located closer than five (5) feet to a principal
structure shall be considered attached, and shall comply in
all respects with the lot, yard, and scale limitation
applicable to the zoning district in which they are
located”. This provision has been in the Land
Development Regulations since 2001. The
pergola was built 7.78 feet from the rear
property line. The minimum rear yard setback
in this zoning district is 20 feet, making this
attached pergola a nonconforming structure.
Section 24-85(b)(6) states “the voluntary
demolition by the owner of any nonconforming
structure or portion thereof shall constitute
evidence of willful abandonment of such
nonconformity (ies) and shall not be
reconstructed and all construction there after
shall comply with the terms of this chapter”.
The applicant would like to remove the existing
pergola and construct a covered porch with the
same rear yard setback of 7.78 feet. As such, the
Page 2 of 3
applicant is requesting a variance from section 24-108(e)(2) to reduce the minimum rear yard setback
from 20 feet to 7.78 feet.
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
View from 15th Street 7.78 feet 15’ drainage and
utility easement 20.10 feet
Page 3 of 3
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 “we request variance for a permit to update our existing non-enclosed structure,
while maintaining the existing footprint of the area (shown in yellow on the Property Survey). The
existing structure is outside of the easement and 10 feet from the property line on the West “side”
of 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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0001, request for a
variance reduce the minimum rear yard setback to convert an existing pergola into a covered porch at
1858 Beachside Court, 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 ZVAR22-0001, request for a
variance to reduce the minimum rear yard setback to convert an existing pergola into a covered porch at
1858 Beachside Court.