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
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Want to receive City of Atlantic Beach news by email? Just say so in an email to
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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