211 Belevedere Street ZVAR23-0009 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: ZVAR23-0009
Address: 211 Belvedere Street
(RE #170509-0000)
Applicant: Anne G Brent Liv Trust
PUBLIC HEARING(S)
Body: Community Development Board
Date March 22, 2023
Time: 6:00 PM
Request: Request for a variance to reduce the minimum 5-foot setback for pool equipment at 211
Belvedere Street.
Summary: The applicant is requesting a variance from Section 24-82(c) to allow pool equipment to be
located within the required 5-foot setback. The pool equipment was built in an unapproved
location and is less than one (1) foot from the rear property line.
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 a variance from Section 24-82(c) to allow pool
equipment to be located within the required 5-foot
setback.
ZVAR23-0009
211 Belvedere St.
Site Context and Details
Located on the east side of Belvedere St. approx. 50 feet
north of David St.
Zoned Residential, Single-Family (RS-2)
Newly constructed home
Context
Pool and pool equipment were part of the approved original
building permit (meeting code).
Pool is elevated and built on-top of the stormwater detention vault.
Vault is partially below grade and is located 2 feet from rear property line.
Pool is then setback an additional 3 feet (code requires 5 ft.)
Final inspection –pool equipment located in the rear yard in the
required 5 foot setback
Need for Variance
Section 24-84 (c) requires
pools and pool equipment
to be located at least 5
feet from side and rear
property lines.
Neighbor’s
detached garage
(Zero lot line)
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. ZVAR23-0009
Request a variance from Section 24-82(c) to allow pool equipment to be located
within the required 5-foot setback.
LOCATION 211 Belvedere Street
APPLICANT Anne Brent Living Trust
DATE March 15, 2023
STAFF Amanda Askew, Director of Building, Planning and Community Development
STAFF COMMENTS
The owners of 211 Belvedere Street are seeking a variance
from Section 24-82(c) to allow pool equipment to be located
within the required 5-foot mechanical setback. This property
has a newly constructed home and is located in the
Residential, Single-Family (RS-2) zoning district.
The pool and pool equipment were part of the original
building permit. The approved building permit located the
pool equipment in the side yard meeting the min. 5-foot pool
equipment.
The permitted pool is elevated and built on-top of stormwater
detention vault. The stormwater vault is partially below grade
and is located two (2)
feet from the rear
property line. The pool
then is setback on top of
the vault three (3) feet
to meet the required
min. 5-foot pool
setback.
Upon final inspection
of the property, staff
determined the pool
equipment was not
constructed as
permitted and was
relocated to the rear of
the property (behind the
pool). It was located in
the required 5-foot
Approved location on building permit plans
Page 2 of 3
setback and is one (1) foot from the rear of the property line.
It is important to note that the neighbors detached garage is nonconforming (does not meet the 5-foot
setback) and is very close the rear property line.
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
Side profile of stormwater vault
Current location of pool equipment
Page 3 of 3
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 ZVAR23-0009, request for a
variance to Section 24-151(b)(1)(l), 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 ZVAR23-0009, request for a
variance to Section 24-151(b)(1)(l).
211
BELVEDERE
ST
VARIANCE
APPLICATION
REQUESTING A VARIANCE FROM SECTION 24-82 (.C.) TO ALLOW POOL EQUIPMENT TO BE LOCATED
WITHIN 5’ FOOT SETBACK ON REAR OF LOT
SURVEY OF 211 BELVEDERE
ST
GENERAL NOTES:
SURFACE PRE AND POST FLOW TYPE "A" DRAINAGE SYSTEM
SUBGRADE ENGINEERED DRAINAGE SYSTEM
PROPERTY INFORMATION
ZONING
SETBACKS
PERCENTAGE IMPERVIOUS = 43%
BENCHMARK
MAP SHOWING FINAL AS-BUILT SURVEY OF:
NOTESBANKS & BANKS
CONSULTING, INC.
83 WEST 9TH STREET ATLANTIC BEACH, FL
(904)-685-2800 FAX (904)-685-2345
A GEOSPATIAL COMPANY
BANKSANDBANKSCONSULTING.COM
THIS SURVEY WAS ELECTRONICALLY CERTIFIED BY DARYL S. BANKS, PSM 6063, AS TIMESTAMPED ON BORDER.
ٱ ٱ
CLOSE UP VIEW
–SURVEY -
SHOWING
ADJOINING
TANG
PROPERTY
ORIGINAL LOCATION OF
POOL EQUIPMENT BY AC’S
THERE WAS NOT ENOUGH ROOM TO HOUSE ALL THE
POOL EQUIPMENT BY THE AC’S –WITH THE LANDING &
STEPS ADDED
THE ADJOINING AREA NEXT TO AC’S –WE HAD PLANNED
AN EXT SHOWER FOR THE POOL –WITH THE MANHOLE
REQUIRED BY ENGINEERING, DOES NOT ALLOW
ADEQUATE ROOM TO HOUSE ALL THE POOL EQUIPMENT
EXT SHOWER NEXT TO AC EQUIP.
•THIS IS A UNUSUAL CIRCUMSTANCE
WHEN YOU HAVE A GARAGE BUILDING
LOCATED ON THE PROPERTY LINE –IT IS
ALSO BEHIND OUR POOL ACCENT WALL
WHICH CREATED A “DEAD SPACE”
BETWEEN THE 2 PROPERTIES. WE
WANTED TO CREATE A NICE AMBIANCE
FOR OUR BACK YARD THEREFOR, PART
OF THE POOL DESIGN WAS TO HAVE A
STONE WALL WITH WATERFALL EFFECT
TO HELP HIDE THIS GARAGE BUILDING.
ACCENT WALL AT BACK OF POOL –GARAGE BLDG BEHIND
THE POOL PIPING AND POOL EQUIPMENT CONTAINING:
POOL PUMP, POOL FILTER, SPA HEATER, ETC TAKES UP
AN AREA 3’-6” IN WIDTH X 12’-6” LENGTH
SINCE ALL THE PIPING & ROUGH IN WAS STUBBED UP
IN THIS AREA BETWEEN THE POOL ACCENT WALL AND
THE TANG GARAGE BUILDING, IT SEEMED THE BEST
PLACE FOR ALL THIS EQUIPMENT TO BE HOUSED.
ALL THE INSPECTIONS WERE DONE DURING THE
CONSTRUCTION OF THE POOL, AND IT WAS NEVER
BROUGHT UP THAT THE POOL EQUIPMENT MUST BE 5’
FOOT FROM THE PROPERTY LINE.
ALL OF THE ELECTRICAL EQUIPMENT IS 5’-3” FROM
THE CONCRETE GARAGE BUILDING (WHICH IS ON
THE PROPERTY LINE)
5’-3”
ALL OF THE POOL EQIPMENT IS 2’-8” FROM THE
CONCRETE GAR. BLDG. TO CENTER OF EQUIPMENT
2’-8”
THESE ARE 2 VIDEOS I DID TO SHOW THE SOUND RELATING TO THE AC RUNNING IN THE TANG
GARAGE BUILDING VERSES OUR POOL PUMP RUNNING AT ITS NORMAL 1650 RPM SPEED
TANG
GARAGE
BLDG.
WINDOW
AC UNIT
POOL PUMP
LOCATED AT
REAR OF 211
BELVEDERE
ST
THERE ARE NO NEGATIVE EFFECTS ON ADJOINING TANG PROPERTY, THE NEW
TECHNOLOGY OF THE PENTAIR POOL PUMPS RUN VERY QUIETLY, THEREFOR THE SOUND
IS LESS THAN 25 DB
WHEN THE WATERFALLS EFFECTS ARE ON, THE SOUND OF THE WATER IS MUCH MORE
PROMINENT
CLOSE UP VIEW OF POOL
EQUIPMENT LOCATION IN
RELATION TO THE TANG
GARAGE BUILDING AND
POOL ACCENT WALL.