04-18-17 Agenda Packet
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday / April 18, 2017 / 6:00 PM
Commission Chambers / 800 Seminole Road
1. Call to Order and Roll Call.
2. Approval of Minutes.
3. Old Business.
A. 17‐UBEX‐417 (PUBLIC HEARING) (Sean Monahan)
Request for a use‐by‐exception as permitted by Section 24‐63, to allow an off‐street parking
lot as described by Section 24‐162 for the businesses located at 625 and 645 Atlantic
Boulevard in the Commercial General zoning district at 630 Sturdivant Avenue.
4. New Business.
A. 17‐ZVAR‐457 (PUBLIC HEARING) (Jen Smith and Brett Nansen)
Request for a variance as permitted by Section 24‐64, to reduce the rear yard setback from
10 feet as required by Ordinance No. 90‐87‐116 (Selva Linkside PUD) to 8 feet to allow an
addition at Selva Linkside Unit 1 Lot 38 (aka 1124 Linkside Court West).
B. 17‐ZVAR‐461 (PUBLIC HEARING) (Atillio Cerqueira)
Request for a variance as permitted by Section 24‐64, to increase the maximum fence height
from 4 feet in the front yard and a side yard adjacent to a street on a corner lot as required
by Sections 24‐157(b)(1) and 24‐157(c)(1) to 8 feet to allow an 8 foot fence along the 14th
Street West front and Hibiscus Street side property lines at Section “H” Block 252 Lots 1 to 5
(aka 400 Levy Road).
5. Reports.
A. Administrative Variances Approved (None)
B. Staffing Update
C. Discussion Related to the City Commission Special Called Meeting on a Community
Redevelopment Area and Form Based Codes
6. Adjournment.
All information related to the item(s) included in this agenda is available for review online at www.coab.us
and at the City of Atlantic Beach Community Development Department, located at 800 Seminole Road, Atlantic
Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding
agenda items, or comments may be mailed to the address above. Any person wishing to speak to the
Community Development Board on any matter at this meeting should submit a Comment Card located at the
entrance to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed
and videotaped. The video is available at www.coab.us.
If any person decides to appeal any decision made by the Community Development Board with respect to any
matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including
the testimony and evidence upon which any appeal is to be based.
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 not
less than three (3) days prior to the date of this meeting at the address or phone number above.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 3.A
CASE NO 17-UBEX-417
Request for a use-by-exception as permitted by Section 24-63, to allow an off-
street parking lot as described by Section 24-162 for the businesses located at
619, 625 and 645 Atlantic Boulevard in the Commercial General zoning district
at 630 Sturdivant Avenue.
LOCATION 630 STRUDIVANT AVENUE
APPLICANT STURDIVANT HOLDINGS
DATE MARCH 10, 2017
STAFF DEREK W. REEVES, PLANNER
STAFF COMMENTS
The applicant is Sean Monahan, a managing partner of Sturdivant Holdings whom is the owner of 630
Sturdivant Avenue. The applicant would like to construct a parking lot with up to 13 spaces to serve as
employee/overflow parking for 619, 625 and 645 Atlantic Boulevard, which are all owned by the applicant
or the applicant is a managing partner of the company with ownership. A use-by-exception is required by
Section 24-162 to allow an off-street parking lot within a nonresidential zoning district for the purposes of
another property within 400 feet.
The property is a vacant lot located across from the intersection of Magnolia Street and Sturdivant Avenue
within the Commercial General (CG) zoning district. The front of property is curved resulting in a depth of
100 feet on side and 43 feet on the other with a total width of 75 feet. The property adjoins 625 and 345
Atlantic Boulevard and is 50 feet from 619 Atlantic Boulevard. Though the front door of 619 Atlantic
Boulevard is about 175 feet away if you were to walk. All are well within the 400 foot requirement.
Section 24-162 has four requirements that must be met if approved. 1.) A wall, fencing, shrubbery or as
otherwise required by the Community Development Board and the City Commission shall be erected along
edges of portions of such parking. 2.) No source of illumination for the parking area shall be directly visible
from any window in any residence in an adjoining residential zoning district. 3.) There shall be no sales,
service or business activity of any kind in any parking area. 4.) Parking spaces along sidewalks shall use
curb stops to limit the encroachment of the parked vehicle into the pedestrian walkway.
Section 24-177(d) requires an average 10 foot wide landscape area between the street and parking area with
a wall, fence or shrubbery to satisfy requirement #1. Staff recommends a condition that the selected material
be located as far from the street as possible without obstructing parking so that the sightlines are preserved
as much as possible. There are no adjoining residential zoning districts to the property as stated in #2, but
there is Residential General (RG) zoning across Sturdivant Avenue. The board may consider a condition to
require the point source of light not be visible from the RG district across Sturdivant Avenue. The applicant
agrees to comply with #3. The proposed plan has no sidewalks along the parking spaces so requirement #4
is met.
Parking Calculations
Address 619 Atlantic Blvd. 625 Atlantic Blvd. 645 Atlantic Blvd.
Use Retail Shopping Center Restaurant
Square Feet/Seats 2050 sq. ft. 3118 sq. ft. 18 seats
Min Required Parking 6 13 5
Max Allowed Parking 16 23 15
Provided Parking 10 11 5
Available Excess Parking 6 12 10
As seen in the table above, each property could be allowed to take on additional parking under the code.
The addition of up to 13 spaces on the subject property that are available to all three properties would be
consistent with code requirements.
The adjoining properties and beyond to the south, east and west are in the CG zoning district. The nearest
residential zoning is RG across the 50 foot right-of-way for Sturdivant Avenue. There is some residential
uses to the east within CG that are separated by a 50 foot wide vacant lot.
Trash service will be handled by the adjoining properties under same management.
No signage is proposed, other than what is required.
Page 2 of 3
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of a requested Use-by-Exception (File No. 17-UBEX-417) to allow an off-street parking
lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard
within the Commercial General (CG) Zoning District and located at 630 Sturdivant Avenue
provided:
1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning,
Subdivision and Land Development Regulations.
3. The requested use is consistent with Section 24-162 in that the proposed use is found to be consistent
with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and
compatibility with existing industrial uses, commercial uses and any nearby residential uses.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of a requested Use-by-Exception (File No. 17-UBEX-417) to allow an off-street parking
lot as described by Section 24-162 for the businesses located at 619, 625 and 645 Atlantic Boulevard
within the Commercial General (CG) Zoning District and located at 630 Sturdivant Avenue
provided:
1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan.
2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63,
Zoning, Subdivision and Land Development Regulations.
3. The requested use is not consistent with Section 24-162 in that the proposed use is found to be
inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic
impacts and compatibility with existing industrial uses, commercial uses and any nearby residential
uses.
Page 3 of 3
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO 17-ZVAR-457
Request for a variance as permitted by Section 24-64, to reduce the rear yard
setback from 10 feet as required by Ordinance No. 90-87-116 (Selva Linkside
PUD) to 8 feet to allow an addition at Selva Linkside Unit 1 Lot 38 (aka 1124
Linkside Court West).
LOCATION 1124 Linkside Court West
APPLICANT Jen Smith and Brett Nansen
DATE April 4, 2017
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The applicants are Jen Smith and Brett Nansen, the owners of 1124 Linkside Court. The property is located
on a cul-de-sac in the Selva Linkside PUD and has an existing single family home. The applicants would
like to build a one-story addition to the rear of the house with one corner 8 feet off of the rear property
line.
A variance is required because the required rear yard setback is 10 feet within the Selva Linkside PUD.
The proposed 8 foot setback encroaches into the 10 foot setback by two feet.
The property is located at the end of a cul-de-sac resulting in a pie shaped lot where one side is 84 feet
long and the other side is 116 feet long. This causes the rear property line to be angled significantly. The
house is squared to the longer side property line, resulting in the rear property line being at a near 45
degree angle to the house. As a result the addition at the rear of the property causes a small corner to be
within the rear yard setback.
On the other side of this rear property line is the rear yard of another home within the same development.
While it does not appear that the home on this property is located on the 10 foot rear setback, it could be
one day.
It should be noted that the PUD does not provide standards or requirements when someone wants to build
outside of the defined provisions. When something is not defined within a PUD, the City applies the City’s
standard code. The ability and desire to do this is supported by the community’s management company
as seen in the email provided by the applicants.
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.
(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 applicants stated in their application that the angle of their property line causes them to only be
out of compliance by two feet on the corner of their addition.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property.
Page 2 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve 17-ZVAR-457, request to
reduce the rear yard setback from 10 feet as required by Ordinance No. 90-87-116 (Selva Linkside PUD)
to 8 feet to allow an addition at Selva Linkside Unit 1 Lot 38 (aka 1124 Linkside Court West), 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
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 17-ZVAR-457, request to reduce
the rear yard setback from 10 feet as required by Ordinance No. 90-87-116 (Selva Linkside PUD) to 8
feet to allow an addition at Selva Linkside Unit 1 Lot 38 (aka 1124 Linkside Court West), 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.
Page 3 of 3
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO 17-ZVAR-461
Request for a variance as permitted by Section 24-64, to increase the maximum
fence height from 4 feet in the front yard and a side yard adjacent to a street
on a corner lot as required by Sections 24-157(b)(1) and 24-157(c)(1) to 8 feet
to allow an 8 foot fence along the 14th Street West front and Hibiscus Street
side property lines at Section “H” Block 252 Lots 1 to 5 (aka 400 Levy Road).
LOCATION 400 Levy Road
APPLICANT Atillio Cerqueira
DATE April 4, 2017
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The applicant is Atillio Cerqueira, the owner of 400 Levy Road who rents the property to a tenant. The
property is a double frontage lot with frontage on Levy Road and West 14th Street and is also a corner lot
with frontage on Hibiscus Street within the Commercial General (CG) zoning district. There is an existing
one story commercial structure on the property located closer to Levy Road. The applicant would like
permission to have an 8 foot wood fence on the property lines along West 14th Street and the southern
portion along Hibiscus Street.
A variance is required from two sections of the code in order to build an 8 foot fence on the property lines
along West 14th Street and Hibiscus Street. The first section is Section 24-157(b)(1) that limits the
maximum height of a fence in a front yard to 4 feet. The proposed fence height doubles the maximum
height allowed. For clarity, Section 24-84 requires that the required front yard be provided on each street
where a lot has frontage on two non-intersecting streets. This would mean there is a front yard on both
Levy Road and West 14th Street. The required front yard is the area within the first 20 feet from the
property lines along Levy Road and West 14th Street.
The second section of the code requiring a variance is Section 24-157(c)(1) that limits the maximum height
of a fence within 10 feet of a side property line on a right-of-way 50 feet wide or less to 4 feet. The right-
of-way on Hibiscus Street is 50 feet wide. The proposed fence height on the property line doubles the
allowable height.
The fence has already been constructed and is subject to code enforcement action if this variance is not
approved. The fence was constructed by the applicant after another code enforcement case on the property
for a use of the property not permitted in the CG zoning district. That use was the outside storage of
commercial vehicles and equipment in the open area near West 14th Street. The applicant built the fence
to screen the outside storage and other violations on the property.
One important thing to consider is that this fence is located on a corner lot with streets along two sides of
the fence. This has the potential to cause visibility issues at the intersection. Section 19-5 provides sight
distance requirements at intersections. The code calls for defined areas to be clear of obstructions based
on speed as shown in different figures. These streets have 25 mile per hour speed limits and the diagram
for that speed calls for those stopped at the stop bar to be able to see 115 feet in both directions down the
cross street. The image below shows an approximation of the fence location and a 115 foot sight line. A
portion of the fence will clearly obstruct the 115 foot required sight line. Even if the variance is approved
as presented, the fence would still be in violation of this code requirement and require a waiver from the
City Commission. A waiver is required because Chapter 19 is outside the applicability of a variance.
Page 2 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.
The applicant stated in their application that they need the fence to screen their equipment on the
commercial property.
(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.
Page 3 of 4
REQUIRED ACTION
The Community Development Board may consider a motion to approve 17-ZVAR-461, request to
increase the maximum fence height from 4 feet in the front yard and a side yard adjacent to a street on a
corner lot as required by Sections 24-157(b)(1) and 24-157(c)(1) to 8 feet to allow an 8 foot fence along
the 14th Street West front and Hibiscus Street side property lines at Section “H” Block 252 Lots 1 to 5
(aka 400 Levy Road), 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 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 17-ZVAR-461, request to increase
the maximum fence height from 4 feet in the front yard and a side yard adjacent to a street on a corner lot
as required by Sections 24-157(b)(1) and 24-157(c)(1) to 8 feet to allow an 8 foot fence along the 14th
Street West front and Hibiscus Street side property lines at Section “H” Block 252 Lots 1 to 5 (aka 400
Levy Road), 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.
Page 4 of 4