CCSR_2011-05-09_sbd
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appeal from Donald and Karen Wolfson of a decision by the Community Development Board( CDB) denying a variance for their property on the west side of 1725 Beach Avenue,
which property is a substandard nonconforming lot of record.
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: April 4, 2011
BACKGROUND:
See attached CDB minutes. The Land Development Regulations (LDRs) state that a nonconforming Lot of record may be developed with a single-family residence provided that minimum yard
requirements are met or that the property owner has obtained a Variance from the Community Development Board. The property owner submitted a Variance application seeking a Variance
from Section 24-107(e) to reduce the required rear yard setback to from twenty (20) feet to seven (7) feet to allow for the construction of a residential structure on a non-conforming
70’ x 50’ lot of record at 1725 Beach Avenue on the west side of Beach Avenue. The CDB first heard the applicant’s request at the February 15th, 2011 meeting. After hearing presentations
from staff and the applicant, and after taking comments from the public, the Board voted to defer the request to the March 15th meeting, requesting additional information related to
past similar Variances. The matter was again taken up when the CDB reconvened on March 15, 2011. The Applicant addressed the relevance of the 1986/7 annexation of this area into
Atlantic Beach to his Variance request asserting that assurances were given at that time to the effect that after annexation, future development on these lots would be subject to Jacksonville
zoning regulations rather than the stricter Atlantic Beach regulations. In 1986, the required residential rear yard setback in Atlantic Beach was 20-feet, while Jacksonville’ s was
only 10-feet. While there may have been such dialogue, staff has been unable to find any official document to this effect. Lengthy deliberation and discussion ensued as related to
the merits of this request in comparison to the language of the ordinance, specifically as to whether the Applicant would still have reasonable use of his property without this variance.
The request was then amended on the floor to provide for a ten-foot setback rather than a seven foot setback. Discussion continued. A motion was then made to approve the amended
request. The motion failed resulting in a denial of the request and this subsequent appeal of that action.
In considering this appeal, the City Commission must find that the Community Development Board erred in their decision based upon the evidence presented at the February and March meetings.
Short of a binding document stating that it was the intent of City of Atlantic Beach for Jacksonville’s zoning regulations to indefinitely supersede those of Atlantic Beach, staff
cannot find any grounds for applying any relations other than those currently in effect in Atlantic Beach. Zoning regulations would be expected to change over 25 years, and common
interpretation of any vested right would require these to be exercised in a shorter period of time. Our LDRS. provide for a period of five years to exercise vested rights. Standard
practice is that regulations in effect at the time a permit is sought apply absent a valid unexpired vested right to do otherwise. Also, if the City intended for a 10-foot rear setback
to apply these lots, we have had 25 years to make that change to zoning ordinance.
BUDGET: NONE
RECOMMENDATIONS:
ATTACHMENTS: February 15, 2011 and March 15, 2011 (draft) minutes of the Community Development Board meetings.
REVIEWED BY CITY MANAGER: _______________
AGENDA ITEM NUMBER: _______________