376 10th Street ZVAR23-0005 PACKETZVAR23-0005
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: ZVAR23-0005
Address: 376 10th Street
(RE #170053-0000)
Applicant: Mike and Leslie Lucero
PUBLIC HEARING(S)
Body: Community Development Board
Date February 21, 2023
Time: 6:00 PM
Request: Request for a variance to reduce the minimum 5-foot setback for mechanical equipment at
376 10th Street.
Summary: The applicant is requesting a variance from Section 24-82(c) to allow A/C equipment to be
located within the required 5-foot setback.
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 reduce the minimum
5-foot setback for mechanical equipment at
376 10th Street.
ZVAR23-0005
376 10th Street
Site Context and Details
Single family home under construction on the south side of 10th
Street
Zoned Residential, Single-Family (RS-1)
Lot is 50 feet wide by 130 feet deep
Background
A permit for a new
single family home was
issued on July 6, 2022.
The side yard setbacks
are 7.5 feet on each
side.
The a/c location was
approved to be located
directly behind the
house in the rear yard.
The applicant is now
requesting to move the
a/c equipment in the
side yard adjacent to the
east property line.
Approved A/C
equipment location
Proposed A/C
equipment location
Need for Variance
Per Section 24-82(c), mechanical equipment shall be at least 5 feet
from side property lines.
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.D
CASE NO. ZVAR23-0005
Request for a variance to exceed the minimum 5-foot side yard setback for A/C
equipment at 376 10th Street.
LOCATION 376 10th Street (RE# 170053-0000)
APPLICANT Mike and Leslie Lucero
DATE February 13, 2023
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicants are Mike and Leslie Lucero, the owners
of 376 10th Street. This property is located on the south
side of 10th Street in the residential, single-family (RS-
1) zoning district.
A new single family home is currently under
construction on the property in which a permit was
issued on July 6, 2022. The proposed house has side yard
setbacks of 7.5 feet on each side. Approved plans show
the a/c equipment (mechanical equipment) located in the
rear of the house which meets the minimum 5-foot side
yard setback as required by Section 24-82(c)
The applicant is now requesting to move the a/c
equipment to the east side of the house in the side yard
setback. The proposed location is zero (0) feet from the
side property line. As such, the applicant is requesting a
variance to exceed the minimum side yard setback for a/c equipment. The proposed a/c equipment location
is within the required swale that directs stormwater to the on-site retention area. If this request is approved,
stormwater retention plan will need to be revised because no structures or development shall be located
in stormwater retention basins.
Section 24-82(c) “Mechanical equipment. Within or when adjacent to a residential zoning district,
equipment such as heating and air conditioning units, pumps, compressors, or similar equipment that
makes excessive noise, shall not be located closer than five (5) feet from any lot line. It is the intent of this
provision to require placement of such equipment in a location that does not unreasonably disturb
neighbors. This requirement shall not apply to such equipment lawfully installed prior to the effective date
of these land development regulations.”
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.
Approved A/C
equipment location
Proposed A/C
equipment location
Page 3 of 3
(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.
The applicant identified this as a ground for approval. See the application for additional comments.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR23-0005, request for a
variance to Section 24-82(c) 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 ZVAR23-0005, request for a
variance to Section 24-82(c), finding this request is not consistent with the definition of a variance.
From: Dylan Morgan [mailto:dylan_morgan@comcast.net]
Sent: Tuesday, February 21, 2023 4:11 PM
To: Askew, Amanda <aaskew@coab.us>
Subject: Variance Request - ZVAR23-0005
To: Amanda Askew
From: Dylan Morgan
RE: Variance request from Mike and Leslie Lucero
Community Development Board,
My name is Dylan Morgan, I live and own my house at 380 10th Street next to
(contiguous to the West) 376 10th Street, the property seeking the variance.
I received the Public notice and have read the application for variance and have spoken
with Mr. Lucero.
In summary as a next-door neighbor, I agree with his request for variance to move his
AC unit to the SE Corner of his house and have no issues with him doing that. Here are
several reasons:
1. The previous house on the property had the AC units located in that same
location. So the new units would be close to the original location.
2. There is a greater distance between the houses on the eastern property line
where the AC units are proposed to be located. I am estimating >15 feet between
Mr. Lucero's new house and the house recently built immediately to the East.
3. The neighbor immediately east also has no issue with Mr. Lucero's request for
variance.
I think his request is reasonable.
Dylan Morgan