1858 Selva Grande Drive ZVAR23-0013 PACKETZVAR23-0013
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: ZVAR23-0013
Address: 1858 Selva Grande Drive
(RE# 169542-5020)
Applicant: Tom Fleming
PUBLIC HEARING(S)
Body: Community Development Board
Date Wednesday, May 17, 2023
Time: 6:00 PM
Request: 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.
Summary: The applicant is requesting relief from Section 24-109(f)(3) to reduce the side yard setback
from ten (10) feet to eight and a half (8.5) feet. The applicant is proposing to build an
addition on the north 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 advised that
such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evide nce 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 (90 4) 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
1858 Selva Grande Drive
Site Context and Details
Located on north end
of Selva Grande Drive
Zoned Residential,
Selva Marina (R-SM)
Background Information
•Under the community’s direction
to maintain the unique character
of the neighborhood, the R-SM
zoning district was created in 2018.
•It replaced eleven (11) separate
PUDs with varying design
requirements.
•The setbacks for the subject
property are:
•Front yard: 20 feet
•Rear Yard: 20 feet
•Side Yard: 10 feet each side
Proposed Plan
The applicant is
planning to build an
addition attached to
the existing home
on the north side of
the property.
Need for Variance
The proposed addition is located approximately 8.5 feet from the
side lot line, 1.5 feet into the required 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.B
CASE NO. ZVAR23-0013
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.
LOCATION 1858 Selva Grande Drive
APPLICANT Tom Fleming
DATE May 9, 2023
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is Tom Fleming, the owner of 1858 Selva Grande Drive. This property is a single-family
home built in 1982 and is located at the end of a cul-de-sac. The property is located within the Residential,
Selva Marina (R-SM) zoning district. The required setbacks within this zoning district vary by street but
for this property are as follows:
Front yard: 20 feet
Rear yard: 20 feet
Side yard: 10 feet each side
The intent of the R-SM zoning district is “…for
development of single-family residential areas that
were originally developed as Selva Marina and Selva
Tierra Planned Unit Developments (PUDs) during the
1970s and 1980s. All development of land and parcels
within the R-SM zoning district shall comply with the
residential density limitations as set forth within the
adopted comprehensive plan for the City of Atlantic
Beach, as may be amended. The R-SM district is
unique because it replaces eleven (11) separate PUDs
with varying design requirements. Standard R-SM
zoning district design requirements shall apply to each
lot unless otherwise specified.”
The applicant is requesting to build an addition to the
back corner of the house. The proposed addition would
be located roughly 8.5 feet from the side lot line, 1.5
feet into the required side setback. The proposed
addition would consist of a bedroom and bath as well
as covered porch areas.
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.”
Page 3 of 3
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.
The applicant stated “Due to the original 1982 construction my lot limits side lot use. Variance
requests less than 3 sq ft of relief in 10’ setback.”
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements to the property.
(5) Irregular shape of the property warranting special consideration.
The applicant stated “The cul-de-sac lot configuration has only 43’- 45’of frontage and the diagonal
sideline causes a hardship with any expansion.”
(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 ZVAR23-0011, 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, 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 ZVAR23-0013, 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.