7-15-Full Agenda
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday / July 15, 2014 / 6:00 pm
Commission Chambers / 800 Seminole Road
1. Call To Order and Roll Call.
2. Approval of Minutes.
A. Draft minutes of the June 17, 2014 regular meeting of the Community Development Board.
3. Old Business.
4. New Business.
A. ZVAR-14-00100020 (PUBLIC HEARING)-Deferred till August 19th
152 3rd Street (Allison Hillis)
Request for zoning variance as permitted by Section 24-64 for a reduction of setbacks as required by
Section 24-106 (e) (1)
B. ZVAR 14-001-00025 (PUBLIC HEARING)
290 Beach Avenue (Andrew Thomas Pitler)
Request for zoning variance as permitted by Section 24-64 for a reduction of setbacks as required by
Section 24-106 (e) (1)
C. ZVAR-1400100026 (PUBLIC HEARING)
1251 Selva Marina Circle (Linda Dunlap)
Request for zoning variance as permitted by Section 24-64 for a reduction of lot width at the building
restriction line as required by Section 24-256 (a)
5. Reports
6. Adjournment.
All information related to the item(s) included in this agenda is available for review
at the City of Atlantic Beach Planning and Zoning Department, located at 800
Seminole Road, Atlantic Beach, Florida
32233, and may be obtained at this office or by calling (904) 247 -5800. Interested parties
may attend the meetin g and mak e comment s regardin g agend a items , o r comment s
may b e maile d t o the address above. Persons appealing decision made by the
Community Developmen t Boar d with respect t o any matte r considere d a t thi s meetin g
may need t o ensure tha t a verbati m recor d o f the proceedings, including the testimony
and evidence upon which any appeal is based, is made. Notice to person s needin g specia l
accommodation s and to all hearin g impaire d persons: In accordance with the
American s with Disabilitie s Act, person s needing special accommodation s t o participate
i n thi s proceedin g should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic
Beach, Florida 32233, or (904) 247- 5800, not less than five (5) days prior to the date of this
meeting.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO ZVAR-14-00100025
Request for variance from the provisions of Section 24-106(e), to allow a reduction
of setbacks as required by Section 24-106 (e)(1) from 20 feet to 10 feet in the front
yard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Avenue).
LOCATION 290 BEACH AVENUE
APPLICANT ANDREW THOMAS PITLER
DATE JULY 1, 2014
STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
STAFF COMMENTS
The applicant recently purchased a property in the RS-2 zoning district that is located on a through lot
between Ocean Boulevard and Beach Avenue. The property has a 1200 square foot single story home
that was constructed in approximately 1940 and a two story garage apartment. The home fronts along
Beach Avenue, while the garage apartment fronts along Ocean Boulevard. The applicant would like to
preserve as much of the original single family home as possible while creating additional living space to
the property by adding a second story. The house is only 8.5 feet from the property line along Beach
Avenue. The requested variance is seeking to allow the applicant to add a second story above the
existing home, beginning at a point 10 feet from the Beach Avenue property line. The required setback
along Beach Avenue is 20 feet. Adding additional space within the required setback (even vertically) is
not allowed by code and requires a variance.
Section 24-85 (c)(1) states, “No nonconforming structure shall be expanded or enlarged unless such
expansion or enlargement complies with the terms of this section and other applicable provisions, of this
chapter, including building setbacks, or unless a variance has been obtained from the community
development board.” This means that per code, the applicant can only expand or enlarge the home at the
point where the current setbacks start (See Figure 1). The applicant is able to expand the structure
vertically at the point where the setbacks start. In this instance, it would mean a 2 nd floor addition
would need to be setback 20 feet from the Beach Avenue property line by code.
The Land Development Code allows non-conforming structures to remain as they are and to be
maintained, but not to further expand the non-conformity. A non-conforming structure is also not
meant to justify the relaxation of current codes. Section 24-85 (a) states, “The presence of any non-
conforming characteristic shall not be considered as justification for the granting of variances”. A
variance must be granted on its own merits according to the six distinct grounds for approval of a
variance.
Page 2 of 3
ANALYSIS
Section 24-64(b)(1) provides 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 24-64 of this chapter, and such relief may be
subject to conditions as set forth by the City of Atlantic Beach.”
Section 24-64(d) 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.
The applicants stated in their application package, “Property abuts two (2) public right-of-ways (Beach
Ave and Ocean Ave) on a non-conforming lot (minimum width and area) in the RS-2 zoning district of
Old Atlantic Beach.”
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicants stated in their application package, “Property has a narrow, non-conforming lot width
(approx. 50’), which requires sitting the existing house, porches and accessory structure using the
additional depth of the lot (app. 130’).”
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicants stated in their application package, “Sec. 24-106 (e) requiring a minimum front yard of
twenty (20) feet creates an undue burden and limits reasonable siting of the house and accessory
structure.”
(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 applicants stated in their application package, “RS-2 zoning district requires a minimum lot area of
7,500 square feet. The lot area of the property is approximately 6,500 square feet, or approximately
1,000 square feet below code. RS-2 zoning district requires a minimum lot width of 75 feet. The average
lot width of the property is approximately 50 feet, or 25’ below code.”
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100025,
request for variance from the provisions of Section 24-106(e), to allow the a reduction of required
setback from 20’ to 10’ in the RS-2 zoning district on a double frontage lot located on Beach Ave and
Ocean Blvd., upon finding this request is consistent with the definition of a variance, and in accordance
with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-
64(d) and as described above.
The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100025,
request for variance from the provisions of Section 24-106(e), to allow the a reduction of required
setback from 20’ to 10’ in the RS-2 zoning district on a double frontage lot located on Beach Ave and
Ocean Blvd., upon finding that the request is either inconsistent with the definition of a variance, or it is not
in accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or
more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines that
the granting of the requested variance shall have a materially adverse impact upon one (1) or more
of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas, wildlife
habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situation created by the property owner.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C.
CASE NO ZVAR‐14‐00100026
Request for variance as permitted by Section 24‐64 for a reduction of lot width at
the Building Restriction Line as required by Section 24‐256 (a) at Selva Marina
Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle).
LOCATION 1251 SELVA MARINA CIRCLE
APPLICANT LINDA DUNLAP
DATE JULY 1, 2014
STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
DEREK REEVES, ZONING TECHNICIAN
STAFF COMMENTS
The property is a 38,000 square foot parcel located at the end of the cul‐de‐sac, Selva Marina Circle and is
part of Selva Marina Unit 1 in the RS‐L zoning district. The applicant is requesting a variance so that they
can be granted a relaxation of the strict, literal interpretation of Section 24‐256(a) so they can divide their
property and create two buildable lots. Section 24‐256(a) is located within the Design and Construction
Standards of the Subdivision and Site Improvement Regulations in the Land Development Regulations and
states the following;
“Lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for
the location of the development and for the type of development and use proposed. Lot arrangement and
design shall be such that all lots shall provide satisfactory and desirable building sites. Minimum sizes for lots
shall be set forth within the applicable zoning district requirements. Unless expressly provided for within this
chapter, no residential lot created after the initial effective date of these land development regulations shall
have a width of less than seventy five (75) feet at the building restriction line, or shall it contain less than seven
thousand five hundred (7,500) square feet unless approved as part of a planned unit development. “
In addition, Section 24‐104 requires a lot depth and width of 100 feet and minimum of 10,000 square feet
for all new lots in the RS‐L zoning district. The applicant is seeking a relaxation of required width of 75 feet
at the building restriction line.
The proposed property division (see attached variance application) splits the property into two lots, where
both lots have direct access to Selva Marina Circle. The proposed lots meet the required 100 feet of depth
and width, and greatly exceed the minimum 10,000 square feet, as lot one is over 20,000 square feet and lot
two is over 17,000 square feet. Each proposed lot also has adequate room for a driveway that would meet
impervious surface regulations. As part of the original plat of Selva Marina Unit 1, this property was platted
with a 40 foot building restriction line (BRL). Lot two meets the required 75 feet of width at the BRL, but lot
one only has 65 feet of width at the BRL, which is 10 feet less than required.
Page 2 of 4
The original intent of the developer of Selva Marina Unit 1 may be of some interest, as the original
covenants and restrictions from 1951 specifically address lot size and splits. One specification is that no lot
be smaller than 13,000 square feet. The lots created by the proposed property division exceed this
requirement. The covenants and restrictions also state that no lot shall have less than 90 feet of street
frontage. While neither lot created in the proposed property division meets this requirement, it is
important to note that several of the original platted lots do not meet this requirement and even more
today fail to meet this requirement.
More recently, the city made an effort to prevent future property divisions within Selva Marina after
concerns expressed by the public and City Commission by creating the RS‐L zoning classification in 2006.
Prior to the creation of the RS‐L zoning district, properties in this area were only required to have 75 feet of
width and 7,500 square feet. After a few property divisions, including one that was especially controversial,
the community expressed concern over the loss of the large lot character of the neighborhood. That code
was then changed to the current lot size of 10,000 square feet and 100 feet of lot width. This made it so that
a lot now needs at least 20,000 square feet to be divided, where it had been 15,000 square feet previously.
The proposed lot split is consistent with lot sizes in the RS‐L zoning district, and is necessary due to an
irregular shaped lot, which does not have enough street frontage to meet a specific code provision.
Aerial of 1251 Selva Marina Circle and Surrounding Area
Courtesy of JaxGIS
Page 3 of 4
Analysis
Section 24‐64(b)(1) provides 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 24‐64 of this chapter, and such relief may be subject to conditions as
set forth by the City of Atlantic Beach.”
Section 24‐64(d) 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.
Most properties within Selva Marina Unit 1 have two thirds of the land area of this property and some are
even a third of the land area of this property. The next closest property in regards to land area within
Selva Marina Unit 1 has only 80 percent of the land area of this property.
(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.
The property is located at the end of a cul‐de‐sac and as a result is wedge shaped. While the property has
an area well in excess of what is required for three (3) lots in the RS‐L zoning district, the narrow area near
the street prevents any possible division that provides street access and the required lot width at the
Building Restriction Line.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of
the property.
Page 4 of 4
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of ZVAR‐14‐00100026,
request for variance for a reduction of lot width at the Building Restriction Line as required by Section 24‐
256(a) at Selva Marina Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle), upon finding this
request is consistent with the definition of a variance, and in accordance with the provisions of Section 24‐
64, specifically the grounds for approval delineated in Section 24‐64(d) and as described above.
If the Community development Board decides to approve the variance, then staff recommends the
following conditions:
(1) A survey depicting the proposed lot split that is largely the same as what is proposed is to be
presented to staff for final approval.
(2) That all structures that span the proposed dividing line, including the existing home, be removed or
altered so as to meet current regulations.
The Community Development Board may consider a motion to recommend denial of ZVAR‐14‐00100026,
request for variance for a reduction of lot width at the Building Restriction Line as required by Section 24‐
256 (a) at Selva Marina Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle), upon finding that the
request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of
approval delineated in Section 24‐64(d), or it is consistent with one or more of the grounds for denial of a
variance, as delineated in Section 24‐64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines that the
granting of the requested variance shall have a materially adverse impact upon one (1) or more of the
following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas, wildlife
habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situation created by the property owner.
Lot Depth and Width Shown on Proposed Lot Split
Depth
Width at BRL
BRL
Signifies Right Angle
City of Atlantic Beach
800 Seminole Road
Derek Reeves
Zoning Technician
Peter Coalson
Design For Florida
1. The lots were combined prior to 1970.
2. Linda is seeking a variance to allow the construction of two homes on the 38,000 square feet of
property.
3. Location on a Cul‐de‐sac restricts the effective width property at the entrance.
4. The lot was divided to comply with requirements of current ordinance. The lot division as
presented meets or exceeds the existing Ordinance save the requirement of 75’ width at the
building construction line.
5. The minimum required area for this section of Atlantic Beach is 10,000.00 square feet.
Superimposing that area on the lot division as presented meets all the requirements of the
ordinance were it not located on a cul‐de‐sac. This division allows for full use of the property
without crowding the total lot area.
6. The Total square footage of the property presently combined as 1251 Selva Marina Circle is
significantly greater the area requirement for three lots designated at minimum area of 10,000
sq. Ft. in Unit 1 Selva marina
.
Peter Coaslon