1809 Tierra Verde Drive ZVAR23-0004 PACKETZVAR23-0004
169542-5094
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: ZVAR23-0004
Address: 1809 Tierra Verde Drive
(RE# 169542-5094)
Applicant: Marius Laurinaitis
PUBLIC HEARING(S)
Body: Community Development Board
Date February 21, 2023
Time: 6:00 PM
Request: Request for a variance to reduce the minimum side yard setback to five (5) feet to construct
a sunroom on the south side of the property at 1809 Tierra Verde Drive.
Summary: The applicant is requesting relief from Section 24-109(f)(3) to reduce the side yard setback
from ten (10) feet to five (5) feet. The applicant is proposing to build a sun room on the
south side of the existing single-family home.
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
side yard setback on the north side of the
property to construct an addition at 1858
Selva Grande Drive.
ZVAR23-0003
1809 Tierra Verde Drive
Site Context and Details
Located on north end
of Selva Grande Drive
Zoned Residential,
Selva Marina (R-SM)
Background Information
•In the 1970’s the “Selva Marina”
area was platted as a Planned
Unit Development (PUD).
•Area was comprised of 12
different PUDs.
•A PUD ordinance was
established in 1972 as a tool for
the city to gain better control of
development which included
review by an Advisory Planning
Board and City Commission.
•These lands were owned by
George Bull, who had a plan for
developing.
•COAB did not have a master
plan or comp. plan to guide
development.
1979 Zoning Map
Background Information
•In 1982, the zoning code
update eliminated the PUD
requirement and review
process.
•Between 1982 and 2018, staff
enforced the Residential,
Single-Family (RS-1) setbacks.
•As a result, 75 of the 224 lots in
the PUD were nonconforming
due to fence heights,
additions/new homes, and
accessory structures.
Background Information
•Staff proposed rezoning the area
to RS-1 in 2018. Community was
not in support of proposal and felt
this would result in a loss of
unique character.
•As a result, staff proposed creating
a new zoning district that would
maintain the original building
setbacks, minimum house sizes,
and fence requirements.
Proposed Plan
The applicant is
planning to build a
sunroom attached
to the existing home
on the south side of
the property.
15.4 ft
5 ft
Survey-2013
Need for Variance
The proposed addition encroaches 5 feet into the 10 foot side yard
setback.
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.C
CASE NO. ZVAR23-0004
Request for a variance to reduce the minimum side yard setback to five (5) feet
to construct a sunroom on the south side of the property at 1809 Tierra Verde
Drive.
LOCATION 1809 Tierra Verde Drive
APPLICANT Marius Laurinaitis
DATE February 13, 2023
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Marius Laurinaitis, is the owner of 1809
Tierra Verde Drive. This property is located on the east side
of Tierra Verde Drive approximately 120 feet north of
Saturiba Drive and is located within the Residential, Selva
Marina (R-SM) zoning district.
The applicant would like to build a 200.86 square foot
sunroom attached to the existing single family home. The
applicant is still requesting a variance to Section 24-
109(f)(3) to allow an addition to
exceed the required 10ft side yard
setback for properties within the
R-SM zoning district. This
property was platted in a Planned
Unit Development (PUD) which
was comprised of twelve (12)
different PUDs. The PUD
ordinance was established in 1972
as a tool for the City to gain better
control for development. George
Bull owned these lands and had a
concept for developing the area, in
which the city did not have a
master plan or comprehensive
plan to guide development. As a
part of the PUD, an Advisory
Planning Board was required to
review proposed development of
three (3) or more units for code
Page 2 of 4
compliance. In 1982, the zoning code update eliminated the PUD requirement and review process.
Between 1982 and 2018, city staff enforced the Residential, Single-Family (RS-1) setbacks, rather than
the setbacks established by the PUD. As a result, 75 of the 224 lots in the PUD were nonconforming due
to fence heights, additions/new homes, and accessory structures.
During the LDR update in 2018, staff began to
address the issue of enforcing the variety of
setbacks within the PUD, in which staff
proposed rezoning the area to RS-1. This
solution would have given more flexibility to
property owners, bring most properties into
compliance, reduce future variance requests,
and maintain the allowed density and
permitted uses. When this solution was
brought to the community for input, residents
expressed that rezoning the area to RS-1
would result in a loss of unique character.
These characteristics established by the PUD
include building setbacks, minimum house
size, no fences allowed in the front yards, and
accessory structure sizes.
In an effort to maintain character, staff
proposed creating a new zoning district that
would maintain the original building setbacks,
minimum house sizes, and fence requirements
while providing some flexibility to accessory
structures, fence heights in the rear yard, and
screen enclosures. The zoning map
amendment was approved in 2018 to create
the R-SM zoning district.
The applicant is proposing to build a sunroom attached to the existing structure that encroaches 5 feet into
the 10-foot side yard setback. There is currently a wood deck in the side yard which does not have setback
requirements (because it is below 30” in height). The addition would need to meet applicable height and
impervious surface requirements.
Page 3 of 4
Survey- 1982
15.4 ft
5 ft
Survey- 2013
15.6 ft.
Page 4 of 4
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, “Property’s southern boundary was displaced North by 5’4” after blueprints
for the house were done an approved by the city on 08.31.1982. That affected the side yard setback
on the south 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 ZVAR23-0004, request for a
variance to reduce the minimum side yard setback 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 ZVAR23-0004, request for a
variance to reduce the minimum side yard setback at 1809 Tierra Verde Drive.