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360 3rd Street ZVAR23-0001 PACKETZVAR23-0001 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: ZVAR23-0001 Address: 360 3rd Street (RE# 169787-0000) Applicant: Patrick Campbell PUBLIC HEARING(S) Body: Community Development Board Date January 17, 2023 Time: 6:00 PM Request: Request for a variance from Section 24-151(b)(1)(l) to exceed the minimum 5-foot setback for a shed at 360 3rd Street. Summary: The applicant is requesting relief from Section 24-151(b)(1)(l) which requires sheds to be at least 5 feet from the side and rear property lines. The shed was built without a permit. 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. From:Askew, Amanda To:"eileen campbell"; patrick.campbell@live.com Cc:Genest, Abrielle; Jones, Valerie Subject:RE: 360 3rd Street Variance Request Date:Tuesday, January 10, 2023 4:28:00 PM Ms. Campbell, My sincerely apologies for your loss. I will make sure this is abundantly clear at the hearing. From: eileen campbell [mailto:eileen.campbell@hotmail.com] Sent: Tuesday, January 10, 2023 4:24 PM To: Askew, Amanda <aaskew@coab.us>; patrick.campbell@live.com Cc: Genest, Abrielle <agenest@coab.us>; Jones, Valerie <vjones@coab.us> Subject: Re: 360 3rd Street Variance Request Good Afternoon, Please note that my Dad passed away as Patrick noted below. We will be out of town for this reason. As you can imagine this is a difficult time for our family. I would be hopeful that the committee would take this into consideration in our request for a deferral. If the committee can be notified of my Father passing away and that is the reason for our request, I would appreciate it. Thank you~ All my best, Eileen Campbell From: Askew, Amanda <aaskew@coab.us> Sent: Tuesday, January 10, 2023 4:11 PM To: patrick.campbell@live.com <patrick.campbell@live.com>; eileen.campbell@hotmail.com <eileen.campbell@hotmail.com> Cc: Genest, Abrielle <agenest@coab.us>; Jones, Valerie <vjones@coab.us> Subject: FW: 360 3rd Street Variance Request Good afternoon Mr. Campbell, We have received your request for a deferral. Since it this case has been advertised it must be placed on the agenda and it will be up to the Community Development Board (CDB) to approve your request for a deferral. They normally will honor the request however, they have denied a request for a deferral and heard the case without the applicant present in the past. The other option is to withdraw your request but this would require you to re- submit a new application and pay a new fee. Please let me know how you would like to proceed. From: Genest, Abrielle Sent: Tuesday, January 10, 2023 2:49 PM To: Askew, Amanda <aaskew@coab.us> Subject: FW: 360 3rd Street Variance Request FYI From: patrick campbell [mailto:patrick.campbell@live.com] Sent: Tuesday, January 10, 2023 2:25 PM To: Genest, Abrielle <agenest@coab.us>; Eileen Campbell <eileen.campbell@hotmail.com> Subject: Re: 360 3rd Street Variance Request Hello Abrielle Thank you for meeting me today (1/10) to ensure the measurements of the shed. As discussed, my wife and I are requesting to differ this review to the Feb meeting. My wife's father recently passed and we are meeting with the family next week in NC. Will you please forward our request to the appropriate personnel. We appreciate your assistance. Please let me know if there are any additional questions. Sincerely Patrick Campbell (904)631-7227 From: Genest, Abrielle <agenest@coab.us> Sent: Tuesday, December 27, 2022 1:57 PM To: patrick.campbell@live.com <patrick.campbell@live.com> Subject: RE: 360 3rd Street Variance Request Good afternoon, Checking back in to see when you are available for me to stop by and get a measurement. We must have the accurate measurement because if the board approves the variance at 2 feet, the shed must be at least 2 feet from the property lines. In the case the shed is closer than what was approved, you would need to move the structure or apply of another variance. Thank you, Abrielle Genest From: Genest, Abrielle Sent: Thursday, December 15, 2022 2:08 PM To: 'patrick.campbell@live.com' <patrick.campbell@live.com> Subject: 360 3rd Street Variance Request Good afternoon, After reviewing your variance application further and comparing to pictures taken at the time of the stop work order, it appears the setback from the shed to the property line may be less than 2 feet. Is there a time next Wednesday 12/21 or Thursday 12/22 I could stop by to take a measurement? We want to provide an accurate measurement for the board to consider in their decision. The request will be placed on the January 17th Community Development Board hearing. This is what to expect during the process: 1. The Community Development Board (CDB) meeting/hearing will be on 3rd Tuesday of the month at 6PM in Commission Chambers @ city hall 2. The city will post a sign about the meeting on the property at least 10 days prior to the hearing 3. The city will mail all property owners within 300 feet a notice of the public hearing at least 14 days prior to the hearing 4. Staff will give a brief presentation/overview of your request to the CDB (staff does not recommend for or against a project) 5. Applicant or representative will be given an opportunity to speak about your request 6. The public will be given an opportunity to speak on the request 7. CDB will render a decision at the hearing based on the criteria in section 24-65 (c). Let me know if you have any questions. Thank you, Abrielle Genest Planner (904) 247 5847 City of Atlantic Beach agenest@coab.us Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Request for a variance from Section 24- 151(b)(1)(l) to exceed the minimum 5-foot setback for a shed at 360 3rd Street. ZVAR23-0001 360 3rd Street Site Context and Details Located on the south side of 3rd Street. Zoned Residential, Single-Family (RS-2) Proposed Plan The applicant has several projects occurring on the property including a new pool, covered patio, and synthetic turf. On November 23, 2022, a stop work order was posted for building a shed without a permit. The shed is located 2 feet 1 inch from the rear property line and 2 feet 6.5 inches from the side property line. Need for Variance Section 24-151(b)(1)(l) requires sheds to be located at least 5 feet from side and rear property lines. View from neighbor to the east 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 3.A CASE NO. ZVAR23-0001 Request for a variance from Section 24-151(b)(1)(l) to exceed the minimum 5- foot setback for a shed at 360 3rd Street. LOCATION 360 3rd Street APPLICANT Patrick Campbell DATE January 11, 2023 STAFF Abrielle Genest, Planner STAFF COMMENTS This case was deferred by the board from the January 17, 2023 Community Development Board meeting. The applicant, Patrick Campbell, is the owner of 360 3rd Street. This property is 75 feet wide by 150 feet deep and is located in the Residential, Single-Family (RS-2) zoning district. The property owner has been completing various projects in the rear of the property to include a new pool, covered patio, and synthetic turf. On November 23, 2022 a stop work order was posted for building a shed in the south west corner of the property without a permit. Upon inspection of the property, staff determined the shed is located 2 feet 1 inch from the rear property line and 2 feet 6.5 inches from the side property line. The applicant is seeking a variance from Section 24-151(b)(1)(l) to exceed the minimum 5-foot setback for sheds. Page 2 of 4 A building permit was issued in 1977 for a 12ft. by 6ft. “utility shed 5 feet from side and rear lot lines”. The applicant has stated they were rebuilding a shed that was damaged during Hurricane Ian. The city does not have record of any surveys depicting a shed prior to 2022. The survey dated February 12, 2022 does not provide setbacks for the shed. Page 3 of 4 View from 372 3rd Street (neighbor to east) 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 Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (5) 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 ZVAR23-0001, request for a variance to Section 24-151(b)(1)(l), upon finding this request is consistent with the definition of a Page 4 of 4 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 ZVAR23-0001, request for a variance to Section 24-151(b)(1)(l). January 5, 2023 Amanda Askew Director of Planning and Community Development Community Development Board, I cannot attend the meeting on January l7, 2023 and have asked Amanda Askew to add my letter to your board packet for the agenda for Item number: ZVAR23- 0001, Address 360 3rd Street RE# l69787-0000, Applicant Patrick Campbell. My family and I have lived in Atlantic Beach for almost 45 years and we have seen enormous growth of our community. The City of Atlantic Beach has experienced growing pains yet I believe attempts to do the right thing for all. Those of us that have older homes know the rules and requirements for projects, additions and repairs as it is an on-going process to keep our homes up in a challenging climate. This shed built without permit is the second shed to be done so by 2 of my neighbors who have lived here a long time within the last year. I believe the rules are clear and I do not understand why building without permit is not a fine-able offense. The City seems to err on Variance hearings versus holding people to account. I abide by and support our building rules for the good of the whole community including my neighbors. I regularly apply, pay for permits, get inspections and make adjustments needed to comply with the rules as I trust the Board and City are representing us all fairly. So are the rules for some but not all? Elizabeth Eilers 371 3rd St Atlantic Beach, FL 32233