1858 Beachside Court ZVAR22-0012 PACKET 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: ZVAR22-0012
Address: 1858 Beachside Court
(RE# 169542-0552)
Applicant: Jeffrey Ritter
PUBLIC HEARING(S)
Body: Community Development Board
Date September 20, 2022
Time: 6:00 PM
Request: Request for a variance to reduce the minimum rear yard setback to build a motorized pergola
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 10 feet. There is an existing unpermitted attached
pergola that the applicant seeks to remove and install a new motorized pergola. A variance
was approved for this project in February 2022, however, the applicant is requesting to
expand the footprint of the project.
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 advi sed 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 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 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 build a motorized pergola
at 1858 Beachside Court.
ZVAR22-0012
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
Applicant requested the
same variance in February
2022. The request was
approved on condition #5
The applicant has revised
plans and now is requesting
a larger footprint.
The applicant is planning to
build a motorized pergola in
place of an existing,
unpermitted pergola.
Proposed
pergolaRear property line
Need for Variance
The existing attached pergola encroaches 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 build a new pergola with a
10 foot 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. ZVAR22-0012
Request for a variance to reduce the minimum rear yard setback to build a
motorized pergola at 1858 Beachside Court.
LOCATION 1858 Beachside Court
APPLICANT Jeffery Ritter
DATE September 20, 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-sac
and is in the Residential, General, Multi-Family (RG-M)
zoning district.
This variance request was heard by the Community
Development Board(CDB) on February 15, 2022. The
board voted to approve the request on condition #5,
“Irregular shape of the property warranting special
consideration”. On June 29, 2022, the applicant applied
for a building permit for a motorized pergola. The plans
increased the rear yard setback from 7.78 feet to 10 feet,
however, the plans reflected a greater footprint than what
was approved by the CDB. As a result, a variance is
needed for approval of new plans.
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.
Page 2 of 3
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 motorized pergola with a rear yard setback of
10 feet. As such, the applicant is requesting a variance from section 24-108(e)(2) to reduce the minimum
rear yard setback from 20 feet to 10 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
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.”
Proposed
pergola Rear property line
Page 3 of 3
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.
(5) Irregular shape of the property warranting special consideration.
The applicant stated, “Original variance’s square footage for pergola was approved. New
construction increases square footage, but no closer to property line.”
(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 ZVAR22-0012, request for a
variance to reduce the minimum rear yard setback to build a motorized pergola 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 ZVAR22-0012, request for a
variance to reduce the minimum rear yard setback to build a motorized pergola at 1858 Beachside Court.
RESO22-0038
6 X 6 X 1/8POST5-1/2 X 3 X 1/8RESIDENTIALGUTTER5-3/4 X 2 X 1/8POSTBRACKET5-3/4 X 12 X 1/8POSTBASE2 X 8 X 1/8BEAM1-3/4 X 2 X 1/8U-CHANNELCONNECTOR1-3/4 X 2 X 1/8CORNERCONNECTOR6 X 2 X 1/8LOUVER1705 6th Street
Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
ENGINEERING & DESIGN STRUXURE COMPONENTS:MATERIALS:ALUMINUMALUMINUM SHALL BE A MINIMUM OF 6063-T52 UNLESSNOTED OTHERWISE AND CONFORMING TO ASTM B429.FINISH COLOR TO BE SELECTED BY OWNER FROMMANUFACTURES STANDARD COLORS FOR STANDARDEXTRUSIONS. GCED HAS NO DISTINCTION OVER COLOR.CONCRETE FASTENERS TO BE 416 STAINLESS STEELTITANS AS MANUFACTURED BY SIMPSON STRONG TIES ORAPPROVED EQUAL.ALL TEK SELF DRILLING SCREWS ARE TO BE 410STAINLESS STEEL #14 x 1-1/4", TYPICAL UNLESSOTHERWISE NOTED.FOUNDATIONSBY VISUAL OBSERVATION, SOIL AT THE SITE IS SAND (ORSAND AND ROCK) WITH AN ASSUMED SOIL BEARINGCAPACITY OF 2000 PSF. IF IT IS KNOWN OTHERWISE IT ISTHE CONTRACTORS RESPONSIBILITY TO INFORM GCED.ALL CONCRETE WORK TO BE IN ACCORDANCE WITH ACI318, THE BUILDING CODE REQUIREMENTS FORREINFORCED CONCRETE AND ACI 301, SPECIFICATIONSFOR STRUCTURAL CONCRETE FOR BUILDINGS.CONCRETE SHALL BE AN APPROVED MIX PROPORTIONEDTO ACHIEVE STRENGTH AT 28 DAYS AS LISTED BELOWWITH A PLASTIC AND WORKABLE MIX. OF MINIMUM 4000 PSIFOR FOUNDATIONSCONCRETE SHALL COMPLY WITH THE REQUIREMENTS OFASTM C-94 FOR MEASURING, MIXING, TRANSPORTING, ETC.MAXIMUM TIME ALLOWED FROM THE TIME THE MIXINGWATER IS ADDED UNTIL IT IS DEPOSITED IN ITS FINALPOSITION SHALL NOT EXCEED ONE AND ONE HALF (1-1/2)HOURS.REINFORCING STEELREINFORCING STEEL: ASTM A615, GRADE 60 DEFORMEDNEW BILLET STEEL CONFORMING TO ACI 301, 315, 318, ANDCRSI MANUAL OF STANDARD PRACTICE. REINFORCINGSTEEL SHALL BE, FREE FROM OIL, SCALE AND RUST, ANDPLACED IN ACCORDANCE WITH THE TYPICAL PLACINGDETAILS OF ACI STANDARDS AND SPECIFICATIONS.CONCRETE CAST AGAINST AND PERMANENTLY EXPOSEDTO EARTH TO HAVE A MINIMUM COVER OF 3 INCHES.CONCRETE CAST AGAINST FORMWORK TO HAVE AMINIMUM COVER OF 1-1/2 INCHES.NOTES GENERAL NOTES:SCOPETHE SCOPE OF WORK SHALL INCLUDE THE INSTALLATIONOF AN STRUXURE ALUMINUM ADJUSTABLE AWNING /PERGOLA.DESIGNTHE STRUCTURAL SYSTEM FOR THE AWNING DEPICTEDHERE HAS BEEN DESIGNED BY GULF COAST ENGINEERING& DESIGN (GCED) ACCORDING TO THE 2020 7TH EDITIONOF THE FLORIDA BUILDING CODE, THE ASCE 7-16, AND THE2015 ALUMINUM DESIGN MANUAL.THE STRUCTURE HAS BEEN DESIGNED TO RESIST THEFOLLOWING SUPERIMPOSED LOADS.ROOF LIVE:12 PSF (PER CODE)ROOF DEAD:2 PSF + SELF-WEIGHTWIND LOADS ON THE STRUCTURE HAVE BEENCALCULATED IN ACCORDANCE WITH ASCE 7-16 FOR THEFOLLOWING: BASIC WIND SPEED: 130 MPH (3 SECONDGUST), RISK CATEGORY: II, EXPOSURE CATEGORY: D,PARTIALLY OPEN (ASCE 7-16 TABLE 26.13-1)LOUVERS: 33 PERCENT SOLID.LOAD COMBINATIONS: D+L D+0.6W0.6D+0.6WLOUVERED RIGID CANOPY DESIGN IS PER SECTION3105.5.1 OF THE FBC. RIGID AWNINGS AND LOUVEREDBLADES SHALL BE REPOSITIONED TO THE VERTICAL OPENPOSITION DURING PERIODS OF HIGH WIND VELOCITY AT AMINIMUM OF 45MPH.FBC SECTION 3105.5.3, CONTRACTOR SHALL POST WITH ALEGIBLE AND READILY VISIBLE DECAL OR PRINTEDINSTRUCTIONS TO THE OWNER OR TENANT TO REMOVEOR REPOSITION THE STRUCTURE OR PART THEREOFDURING SUCH PERIODS OF TIME AS DESIGNATED BY THEUS WEATHER BUREAU AS BEING A HURRICANE WARNINGOR ALERT. THE WARNING LABEL SHOULD READ AS SHOWNON THIS PAGE.A CONTINUOUS LOAD PATH BETWEEN FOUNDATIONS,COLUMNS, AND BEAMS ARE INTENDED BY THESEDRAWINGS AND SHALL BE VERIFIED BY THE CONTRACTOR.ALL STRUXTURE LOUVERED ROOFING PARTS SHALL BEINSTALLED IN ACCORDANCE WITH STRUXURE LOUVEREDROOFING SYSTEM.THE CONTRACTOR IS RESPONSIBLE FOR ANY AND ALLWATERPROOFING.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TODETERMINE MEANS AND METHODS OF CONSTRUCTION,INCLUDING, BUT NOT LIMITED TO THE ADDITION OFNECESSARY SHORING, TIE DOWNS, TEMPORARY BRACING,ETC. CONTRACTOR IS TO NOTIFY GCED IF ANYADDITIONAL ENGINEERING BRACING OR SHORING ISNECESSARY.THE INFORMATION USED IS BASED ON CONTRACTORSUPPLIED INFORMATION, DATA, AND MEASUREMENTS.GCED MAY NOT HAVE VISITED THIS JOB SITE. DIMENSIONSAND EXISTING CONDITIONS SHALL BE FIELD VERIFIED BYTHE CONTRACTOR. GCED ASSUMES NO RESPONSIBILITYOR LIABILITY IN ANY WAY FOR ERRONEOUS ORINACCURATE DATA OR MEASUREMENTS THAT WEREPROVIDED TO THEM.GENERAL CONDITIONSIF THERE ARE ANY DISCREPANCIES HEREIN CONTACTGCED PRIOR TO PROCEEDING WITH THE WORK.THIS DESIGN DOES NOT CONSTITUTE THE ENGINEERINGOF ANY OTHER STRUCTURES THAT ARE NOTSPECIFICALLY MENTIONED IN THIS PLAN SET. IF THEREARE ANY DISCREPANCIES, CONTACT GCED PRIOR TOPROCEEDING WITH THE WORK.ALL WORK PREPARED BY GCED, IS THE PROPERTY OFGCED AND MAY ONLY BE USED FOR ITS INTENDED USE ATTHE SPECIFIED LOCATION. THE DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS, INCLUDINGTHOSE IN ELECTRONIC FORM ARE INSTRUMENTS OFSERVICE THROUGH WHICH THE WORK IS TO BE EXECUTEDBY THE CONTRACTOR.GCED WILL NOT BE RESPONSIBILITY FOR THECONTRACTOR'S, CLIENT'S OR OTHER ENTITIES;INADEQUATE OR UNSATISFACTORY PERFORMANCE OFTHE WORK."THIS RIGID AWNING MUST HAVELOUVERED BLADES REPOSITIONED TOTHE VERTICAL POSITION DURING AHURRICANE WARNING OR ALERT ASDESIGNATED BY THE U.S. WEATHERBUREAU (FBC SECTION 3105.5.3)."AWNING WARNING LABEL:
MONOLITHICFOOTING1'-0"1'-0"12" WIDE X 12" DEEP CONC STRIPFOOTING W/ (2) #5 BARS MIN.,CONTRACTOR TO VERIFY3'-3"12'-3"14'-8"8'-9"6X6 POSTEXISTING HOME3"6X6X1/8 POSTSTRUXURE POSTBASE W/ 3/8"BOTTOM PLATEANCHORAGE, PERFOOTING DETAIL6"4"6"4"6X6X1/8 POSTSTRUXURE POST BASE#14 X 1-1/4" SS TEK SCREW (9)TOTAL EACH LEG OF POST BASE1"4"6"1"(4) 1/2" Ø SS THREADED RODS INSET 3G EPOXY W/ MIN. 6" EMBED.3"1705 6th Street
Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
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S31S3212'-6"3'-6"10'-0"
13'-6"14'-11"9'-1 11/16"9'-1 5/8"9'-1 11/16"12'-6"9'-0"16'-3 1/4"27'-5"2X8 PERIMETER BEAM2X8 BOX BEAMRESIDENTIAL GUTTER6X6 POSTEXISTING HOST STRUCTURENOTE: SEE DETAILS FOR CONNECTION AT EACHBLBLBLBLBLBLBLBLBLBLBLS44S4.11S4.12S4.13BLBLBL1705 6th Street
Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
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5 1/2"7'-7 15/16"5 1/2"5 1/2"12'-3"5 1/2"5 1/2"7'-11 13/16"15'-8 13/16"2'-5 9/16"5 1/2"5 1/2"7'-7 15/16"5 1/2"5 1/2"7'-7 15/16"5 1/2"5 1/2"4'-9 1/16"5 1/2"2'-6 1/16"3'-6"CEILING FANSOMFYACTUATORSTRUXURELOUVERSRESIDENTIALGUTTER6'-7"6'-7"
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1705 6th Street
Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
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10'-2"
1705 6th Street
Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
ENGINEERING & DESIGN1FRONT ELEVATIONSCALE: 1/4" = 1'-0"2SIDE ELEVATIONSCALE: 1/4" = 1'-0"ELEVATIONS NOTE: ALL POSTS LENGTHSTO BE VERIFIED IN FIELD
(4) #14X 1-1/4" SSTEK SCREWSEACH SIDE OFEACH BEAM2X8X1/8 BEAMSSTRUXURECORNERCONNECTOR1"2"2"2"STRUXURECORNERCONNECTOR2X8X1/8 BEAMSTOP VIEWSECTION VIEW(4) #14X 1-1/4" SSTEK SCREWSEACH SIDE OFEACH BEAM(2) #12 X 1-1/4" SSTEK SCREWS EACHBEAM, TYP.STRUXURE CORNEROR U-CHANNELCONNECTOR2X BEAMSTRUXURECORNERGUTTERSTRUXUREGUTTER,PER PLAN2X BEAM ATU-CHANNELCONNECTOR(3) #14X 1-1/4" SSTEK SCREWS EACHSIDE OF POSTSTRUXURE 6X6POST BRACKET(6) #14X 1-1/4" SS TEKSCREWS PER BEAM2X8X1/8 BEAM6X6 POSTINTERNAL DRAINTUBE, PER EPSTRUXUREGUTTER,PER PLAN#12 X 1-1/4" SSTEK SCREWSAT 12" O.C., TYP.#12 X 1-1/4" SS TEKSCREWS AT 12" O.C.,TYP.2X8X1/8 BEAMSS PIN, TYPICAL#10 SET SCREW ATLOUVER TRACK 6" O.C.STRUXUREGUTTER,PER PLANSTRUXURE LOUVER1705 6th Street
Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
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Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
ENGINEERING & DESIGN
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Sarasota, FL 34236
941-216-6101
Cert. of Auth. #33790
GULF COAST
ENGINEERING & DESIGNSCOPE:·INSTALL OUTLET ON EXTERIOR WALL TO FEED SOMFY ACTUATORS.·NEW WIRING WILL BE DONE IN 12-2 UFB CABLE·TIE NEW LIGHTS AND FANS TO EXISTING CIRCUITS.·LOW VOLTAGE WIRING TO BE DONE IN 18 ga TC-ER CABLENOTES:·PER N.E.C. 2017 406.9·ALL NEW RECEPTACLES IN DAMP LOCATIONS INDICATED ASWEATHERPROOF ON PLAN (WP) SHALL HAVE AN ENCLOSURE THAT ISWEATHERPROOF WETHER OR NOT THE ATTACHMENT PLUG CAP ISINSERTED.·ALL NEW RECEPTACLES IN WET LOCATIONS INDICATED ASWEATHER-RESISTANT ON PLAN (WR) SHALL HAVE AN ENCLOSURE THAT ISWEATHER-PROOF WETHER OR NOT THE ATTACHMENT PLUG CAP ISINSERTED. NONLOCKING RECEPTACLES SHALL BE LISTEDWEATHER-RESISTANT TYPE.LOADING:·ACTUATOR (24V):3 X 325 WATTS = 975 VA·CEILING FAN:2 X 325 WATTS = 650 VA·LED LIGHT:0 X 10 WATTS = 0 VA·TOTAL:1625 VA / 120 VOLTS = 13.5 AMPSCOMPONENTS:·4 INCH DIAMETER WITH 2-3/4 INCH DEPTH·WIRES:··8 NO. 14··7 NO. 12··6 NO. 10·MAX FAN WEIGHT: 70 LBELECTRICAL SCHEMATICSCALE: NTS21ELECTRICAL / DRAINAGE PLAN VIEWSCALE: 3/16" = 1'-0"ELECTRICAL /
DRAINAIGE LOCATION OFCOMPONENTS PERCONTRACTOR