94 13th Street West ZVAR22-0014 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: ZVAR22-0014
Address: 94 West 13th Street
(RE #170805-0070)
Applicant: Peter Havens
PUBLIC HEARING(S)
Body: Community Development Board
Date September 20, 2022
Time: 6:00 PM
Request: Request for a variance to exceed the maximum shed height for an existing unpermitted shed.
Summary: The applicant is requesting a variance from Section 24-151(b)(1)(l) that limits sheds to a
maximum 12 feet in height. An after the fact building permit was submitted and approved
at 12 feet however, it was constructed at 15 feet in height.
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 to exceed the maximum
shed height for an existing unpermitted shed.
ZVAR22-0014
94 West 13th Street
Site Context and Details
Townhouse
located on the
corner of
Orchid St. and
W 13th St.
Zoned
Residential,
General, Two-
Family (RG)
Located north
of Rose Park
Rose Park
Unpermitted shed
Background
February 2, 2021: a Stop Work
Order was posted for instillation
of a shed without a permit.
April 14, 2021: building permit
application was submitted .
Shed plans met required and
setbacks and size, but was
denied because it exceeded the
maximum height of 12 feet.
November 1, 2021: Applicant
revised their permit on to meet
the maximum height. As a result
an after-the-fact permit issued.
Background
April 7, 2022: Final inspection
by staff found that the shed
exceeded the max. height.
Applicant indicated shed is 13’
4”
Applicant was referred to
Code Enforcement
View from Rose Park
View looking east
Need for Variance
On April 7, 2022, staff went to the property for
the final inspection and found that the shed
exceeds the maximum height.
Section 24-151(b)(1)(l) requires storage and tool
sheds to be “not to exceed one hundred fifty
(150) square feet and twelve (12) feet in height”
The applicant stated the shed is 13 feet 4 inches
tall and is requesting a variance from the
maximum shed height.
The applicant has been referred to Code
Enforcement and is seeking a variance to
“correct” the problem.
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.B
CASE NO. ZVAR22-0014
Request for a variance to exceed the maximum shed height for an existing
unpermitted shed.
LOCATION 94 West 13th Street (RE# 170805-0070)
APPLICANT Peter Havens
DATE September 20, 2022
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, Peter Havens, is the owner of 94 West 13th Street.
This property is located directly behind Rose Park in the
Residential, General, Two-Family (RG) zoning district.
On April 14, 2021, a Stop Work Order was posted on the
property for instillation of a shed without a permit. The
applicant applied for a building permit on April 14, 2021. Upon
the first submission, the shed met the required setbacks and size,
but was denied because it exceeded the maximum height, stating
it would be “~12’-13’ tall”. The maximum height allowed for
sheds is 12 feet.
On November 1, 2021, the applicant revised their permit and
stated “the shed has also been moved to over 5’ away from
adjacent fences, anchored with 36” spiral gauge anchors at all
four corners, and in the process lowered to be no greater than
12’ off the ground”. As a result, staff approved the after-the-fact
permit.
On April 7, 2022 staff went to the property to complete the final
inspection and found that the shed exceeds the maximum height.
Section 24-151(b)(1)(l) requires storage and tool sheds to be
“not to exceed one hundred fifty (150) square feet and twelve
(12) feet in height”. The applicant has indicated the shed is 13
feet 4 inches and is requesting to exceed the maximum shed
height for the existing shed.
The applicant has been referred to Code Enforcement and the
city is in the process of taking this case to the special magistrate.
However, the applicant is seeking this variance to “correct” the
problem. If successful, then no code enforcement action will
take place.
Page 2 of 3
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.
(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 “after installing a pre-constructed shed and taking steps to adhere to code in
relation to placement, rigidity, and anchoring, the steps required to comply fully with the additional
height requirement would not be feasible”.
(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.
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR22-0014, request for
a variance to exceed the maximum shed height for an existing unpermitted shed, 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 ZVAR22-0014, request for a
variance to exceed the maximum shed height for an existing unpermitted shed, upon finding this request
is not consistent with the definition of a variance.