12.18.2018 CDB Agenda Packet
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
REGULAR MEETING AGENDA
Tuesday / December 18, 2018 / 6:00 PM
Commission Chambers / 800 Seminole Road
1. Call to Order and Roll Call.
2. Approval of Minutes.
A. Minutes of the November 20, 2018 regular meeting of the Community Development
Board.
3. Old Business.
4. New Business.
A. UBEX18-0002 PUBLIC HEARING (Julie Ann Weber)
Request for a use-by-exception as permitted by Section 3-5, to allow the sale of alcoholic
beverages for on-premises consumption in accordance with Chapter 3 of the code at 299
Atlantic Boulevard, Unit 1.
B. ZVAR18-0018 PUBLIC HEARING (John Halverson)
Request for a variance as permitted by Section 24-64, to decrease the required rear yard
setback from 30 feet to 17 feet at 1861 Sea Oats Drive in order to convert an existing screen
room into a glass room.
C. ZVAR18-0020 PUBLIC HEARING (Sheila Powers)
Request for a variance as permitted by Section 24 -64, to increase the maximum length
allowed for a privacy screen/wall and to decrease the required side yard setbacks for
privacy screen/wall from 15 feet to 0 feet.
5. Reports.
A. CDB Land Development Regulations Workshop #2
B. Impervious Surface/Stormwater Retention Code Change Discussion
6. Public Comment.
7. 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 t o 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.
I n accordanc e wit h the American s with Disabilitie s Act and Section 286.26 of the Florida Statutes , persons with disabilities needin g
special accommodation s to participat e i n 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.
December 18, 2018 Community Development Board Agenda Packet Page 2 of 42
Page 1 of 8
Minutes of the Regular Meeting of the
COMMUNITY DEVELOPMENT BOARD
November 20, 2018
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:02 p.m. by Chair Lanier. Ms. Paul, Mr. Hansen,
Mr. Tingen, Mr. Elmore were all present. Mr. Major and Ms. Simmons were absent.
Also present were Director Shane Corbin, Principal Planner Derek Reeves, Planner
Brian Broedell, Board Secretary Valerie Jones and the City Attorney, Brenna Durden
representing the firm Lewis, Longman and Walker.
Chair Lanier asked the Board if it was okay to move Item 4C to the end of the
meeting. Mr. Hansen motioned to change the order of the meeting. Mr. Elmore
seconded the motion. The motion carried unanimously.
2. APPROVAL OF MINUTES
A. Minutes of the October 16, 2018 Regular Meeting of the Community
Development Board.
Mr. Hansen motioned to approve the minutes. Ms. Paul seconded the motion. The
motion carried unanimously.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
Items 4.A and 4.B were presented together.
A. ORDINANCE 90-19-236 PUBLIC HEARING
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, AMENDING CHAPTER 24, LAND DEVELOPMENT
REGULATIONS; AMENDING SECTION 24-102, ZONING DISTRICTS
ESTABLISHED; ADOPTING NEW SECTION 24-115, RESIDENTIAL-SELVA
MARINA (R-SM); PROVIDING FOR CONFLICT; PROVIDING SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE 90-19-237 PUBLIC HEARING
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION
OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED
UNIT DEVELOPMENT (PUD) TO RESIDENTIAL-SELVA MARINA (R-SM);
PROVIDING FINDS OF FACT; DIRECTING REVISIONS TO THE CITY'S
December 18, 2018 Community Development Board Agenda Packet Page 3 of 42
Page 2 of 8
ZONING MAP; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Director Corbin reminded the Board that Staff had presented this for discussion at
the last meeting and nothing has been changed since then. Director Corbin said
the PUD Ordinance was established in 1972 and put in place to guide future
development. This process continued until 1982 when a new zoning code was
established thereby eliminating the requirement for a PUD. Director Corbin
showed a color coded map that explained the build out process of approximately
250 lots from 1976 to 1982 resulting in the 12 different PUDs. He acknowledged
that the Board has seen quite a few variance requests, most notably for fence
height. Originally the PUDs were set up with covenants and restrictions and they
had to go through a Planning Advisory Board which is no longer in existence. It
therefore fell upon the City to enforce the covenants and restrictions. Some
permits have been issued where different Zoning Standards were applied, thereby
creating a hodge podge of issues for properties that are non-conforming.
Director Corbin said that Staff originally planned on rezoning the whole area as
RS-1 since that was the structure and framework that the Board had been using in
the past. An Open House was held where owners were concerned about losing
the unique character of these neighborhoods and especially the setbacks, fencing
and large accessory structures. Staff came up with a solution to have a new Zoning
District that would have various setbacks. All of the original PUD setbacks were
kept the same and based on what frontage the lots faced. Staff is proposing to
give a little more flexibility on the accessory structure by enlarging from 48 square
feet to 150 square feet, fence heights can be 6 feet in the rear and screen
enclosures can have a 5 foot setback from rear and side property lines.
He said that Staff has 2 requests for the Board to approve or deny. One is the
creation of the zoning district through a text amendment. The second is the
creation of the map amendment which is contingent upon approval by the City
Commission.
Mr. Elmore asked why the small lots on Sea Oats had such large setbacks since this
would restrict the building size. Director Corbin said that the setbacks are the
original ones in the covenants and restrictions which the homeowners wanted to
maintain. Ms. Paul added that a homeowner in the future could always come and
get a variance. Mr. Hansen said that would hope that the homeowners realize
what they are doing. Ms. Paul said she was surprised at the setbacks since it would
limit any future increase in buildable area.
Public Comment
Chair Lanier opened the floor to public comment. Sean Keane of 395 Saturiba
Drive had a question regarding his pool that is currently 5 feet from the property
line. He would like to do a screen enclosure at 3 feet from the property line.
Director Corbin explained that the setbacks were being changed to 5 feet but
December 18, 2018 Community Development Board Agenda Packet Page 4 of 42
Page 3 of 8
wouldn't propose that it drop to 3 feet. Chair Lanier suggested that Mr. Keane
bring a variance request before the board. There was no other public comment.
Motion
Mr. Hansen motioned to approve Ordinance 90-19-236. Ms. Paul seconded the
motion. The motion carried unanimously.
Public Comment
Chair Lanier opened the floor to public comment for Ordinance 90-19-237. There
was no public comment.
Motion
Mr. Hansen motioned to approve Ordinance 90-19-237. Mr. Tingen seconded the
motion. The motion carried unanimously.
Items 4.D and 4.E were presented together.
D. ZVAR18-0017 PUBLIC HEARING (RSNS, LLC)
Request for a variance as permitted by Section 24-64, to decrease the
required rear yard and side yard setbacks for an existing cooler at 31
Royal Palms Drive (Part of the Castro Y Ferrer Grant, Section 38, Township
2 South, Range 29 East, Duval County, Florida).
E. ZVAR18-0019 PUBLIC HEARING (Handler Family Trust)
Request for a variance as permitted by Section 24-64, to decrease the
required rear yard and side yard setbacks for an existing structure at 763
Atlantic Boulevard (B DE Castro Y Ferrer Grant, Section 38, Township 2
South, Range 29 East, Duval County, Florida).
Ms. Paul explained that she is a partner in a flooring company that has done work
for the owner and the applicant of item 4D and recused herself.
Staff Report
Planner Broedell said he would present both variances since they are related to
each other: ZVAR18-0017 is for 31 Royal Palms Drive and ZVAR18-0019 is for 763
Atlantic Boulevard. These neighboring properties are located at the corner of
Royal Palms Drive and Atlantic Boulevard. Both properties are in the CG Zoning
District and Commercial Future Land Use. The Property Appraisers has both built
before the current LDR. Both buildings are non-conforming to the current LDR.
There is an alley between the buildings that is approximately 11 feet. There is a
commercial cooler located in the alley. It was originally built overlapping the
shared property line. Both property owners have agree to modify the property
line. With the modification of the property line, the existing cooler would be
entirely on the property even though it would still be non-conforming to the side
yard setback which is a minimum of 5 feet. It also would not meet the required 10
December 18, 2018 Community Development Board Agenda Packet Page 5 of 42
Page 4 of 8
feet rear yard setback. The change will also make 763 Atlantic Boulevard non-
conforming with a 3.8 foot side setback where a minimum of 5 feet is required.
The variance requests are to make the cooler conforming to the side yard setback
as well as the rear yard setback and to make 763 Atlantic conforming to the 3.8
foot side yard setback.
Applicant Comment
Scott Thomas introduced himself as an attorney with the Burr & Forman Law Firm
at 50 North Fuller Street, Suite 3000, Jacksonville. He said he represents the
landowner RSNS LLC which owns the property known as Seafood Kitchen. He
added that Russell Stuart is the principal for the landowner and the entity that
operates Seafood Kitchen. He explained the situation regarding the cooler that
has been in place for years and is over the boundary line. Their request is to move
the boundary line by purchasing that strip of land to bring the cooler within RSNS's
property. Nothing would change on the ground, nothing would be built or
modified. He said there are 2 applications because it affects both properties.
Mr. Elmore asked if the fire marshal has been involved in this. Mr. Thomas said he
wasn't sure, the cooler has been there for 28 years and he is not sure whether or
not the fire marshal had taken a look at it in the past. Mr. Elmore said that the
Board is here to approve something but they may be approving something that
have other things that need to be factored in. Ms. Durden explained that the
Board is simply looking at the reduction in the setback.
Public Comment
Chair Lanier opened the floor to public comment for ZVAR18-0017. There was no
public comment.
Motion
Mr. Hansen motioned to approve ZVAR18-0017 based on the onerous effect of
regulations enacted after platting or after development of the property or after
construction of improvement upon the property. Mr. Tingen seconded the
motion. The motion carried unanimously.
Public Comment
Chair Lanier opened the floor to public comment for ZVAR18-0019. There was no
public comment.
Motion
Mr. Hansen motioned to approve ZVAR18-0019 based on the onerous effect of
regulations enacted after platting or after development of the property or after
construction of improvement upon the property. Mr. Tingen seconded the
motion. The motion carried unanimously.
December 18, 2018 Community Development Board Agenda Packet Page 6 of 42
Page 5 of 8
C. ORDINANCE 31-19-12 PUBLIC HEARING
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, TRANSMITTING PROPOSED EVALUATION AND
APPRAISAL REPORT BASED AMENDMENTS TO THE GOALS, OBJECTIVES
AND POLICIES OF THE COMPREHENSIVE PLAN AND ALSO
TRANSMITTING A NEW MAP SERIES TO THE STAT OF FLORIDA'S
VARIOUS AGENCIES FOR REVIEW AND COMMENT; PROVIDING FOR
ADOPTION OF SAID EAR-BASED AMENDMENTS AND NEW MAP SERIES
UPON RECEIPT OF SAID COMMENTS AND COMPLETION OF THE
COORDINATED STATE REVIEW PROCESS; PROVIDING FOR PURPOSE AND
INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
Per Florida State Statute the Plan is supposed to be updated every 7 years. Since
the Comp Plan is out of compliance it is essentially frozen in time which means
that the City can't change any future land uses.
The introduction was refreshed, a set of demographic data was added, peril flood
was added, and the capital improvement plan was added. Then Staff updated all
of the maps, added a sea level rise map and have been instructed by FDEO to
provide a time frame of the sea level rise for an estimate of when these things
might happen. Adjustments were made to the future land use map along with
some recommendations.
Planner Reeves explained that the peril flood information that needs to be
included in the Comp Plan comes from the State mandated requirements. He said
there are 6 bullet points that were added: Strategies to reduce flood risk, Best
practices in flood zone development, Reducing flood insurance losses, follow the
Florida Building Code, Enforce the coastal construction control line and
Involvement in the community rating system. This has to do with the National
Flood Insurance Program. Staff created a new goal within the Conservation and
Coastal Element to address all of these issues: the City shall insure the
development and redevelopment of property requires principal strategies and
engineering solutions that reduce flood risks that result from high tide events,
storm surge, flash flood, storm water run-off and related impacts of sea level rise.
There are 3 objectives and 11 policies within the objectives to address all of this.
He said that they looked at other cities and their language: Jacksonville, Boynton
and Satellite were all good examples.
Mr. Elmore asked about the designated flood plain manager and Planner Reeves
said that is technically the Building and Zoning Director and is administered by Dan
Arlington the Building Official.
Director Corbin informed the Board that the Capital Improvement Plan was the
input of all departments coming together and looking at long range projections
and anything that is infrastructure related that is $20,000 or greater. Staff has put
December 18, 2018 Community Development Board Agenda Packet Page 7 of 42
Page 6 of 8
a plan together that is drafted out through 2025 including public works, water
utilities and storm water.
Planner Broedell said that most of the maps were updated. Future land use was
changed on several properties for various reasons. The City owned portion of
Selva Preserve was changed from residential to recreation open space.
Director Corbin went on to explain that in the Future Land Use Map there is a
Central Business District and a zoning district called the Central Business District.
In order to have the zoning as CBD you need to have the future land use map to
match up with that. Staff is proposing an expansion of that to take in several
parcels. He explained that this will not change the zoning, uses or design standards
unless the property owner choses to rezone the parcel. This would have to be
done on a case by case basis. Director Corbin said that this would give the property
owners flexibility to build out their lots with zero lot lines. There would be
restrictions on height and 70% maximum impervious surface. The CBD has a
smaller range of uses and they are consistent with what you see now in the Town
Center which are attractive to pedestrians and shoppers. Essentially, this
recommendation sets it up for the future that a property owner can come in for a
zone change and stand a better chance.
Ms. Durden explained that with any change to the FLUM, the underlying zoning
either needs to be consistent with the Land Use Map and she wasn't sure if the
CG zoning will be consistent with the CBD land use category. If this is a change to
the land use and a change to the zoning that is one thing, but if you leave property
designated CG and cannot say that it's consistent with the CBD land use then that
is a problem.
Ms. Lanier asked then, if this is the law, would every one of the properties
currently in the CBD have to change their zoning? Ms. Durden said there are a
couple ways that can work: One is to have one land use category that allows 2 or
3 zoning districts to be consistent with that land use category (i.e. the CG is a
permissible zoning district within a CBD land use category).
Director Corbin explained the rest of the concept which is on Mayport Road. This
concept design is the result of a workshop and all day charrette. The buildings are
oriented toward the street with parking lots in the middle or rear. He then showed
the East Coast Greenway which is a path plan from Maine down to Key West.
Mayport Road has been identified as a key location for that path to come through.
FDOT has designed a road diet for the area that will take a lane out and put in a
bicycle lane. He said there is talk of whether it will be a road diet with bike lanes
or a mixed-use path. Staff's plan was to give this a future land use category as a
separate CBD along Mayport Road.
Ms. Lanier asked if the Board approves this plan does that mean they are
approving them conceptually and then Staff will write the appropriate language.
December 18, 2018 Community Development Board Agenda Packet Page 8 of 42
Page 7 of 8
Director Corbin said step one is with the CDB, it would then go to the City
Commission, if approved it would be transmitted to the State, at which time they
have 180 days to review it and give Staff comments. Once it is returned from the
State, Staff will take it back to the City Commission for final adoption. He said he
wasn't sure of what the cutoff date is where you can no longer make additional
changes to the language.
Planner Broedell said that all of the maps have been updated to show the change
in the City boundary due to the Country Club. Planner Broedell said that the Sea
Level Rise Scenario map and the Shallow Coast Flooding Areas map. Mr. Elmore
question whether there was climate change creeping into the Comp Maps making
the data political and not empirical. Planner Broedell said that the State wants the
City to map sea-level rise. Ms. Lanier asked if this is being done around Florida in
other jurisdictions. Planner Broedell said it is. Director Corbin added that the State
asked for more detail, including time intervals.
Chair Lanier asked about the requirement to mitigate wetlands but yet Atlantic
Beach doesn't have anywhere to buy wetland mitigation property. Ms. Paul said
she had asked the consultants for the code to provide a mechanism for
compensation because the Comp Plan says no net wetland loss. Mr. Elmore said
that it is a calculation that could be handled through Public Works or the
development process. There was further discussion about whether or not to make
this a requirement.
Chair Lanier asked why the connection with the East Coast Greenway wasn't in the
Comp Plan narrative. Director Corbin said that it could be included in the
Transportation map.
Ms. Paul said that she was uncomfortable voting on it without figuring out the CBD
FLUM Amendments. Ms. Durden clarified that it isn't that the Board can't change
the FLUM, they just need to address the CG through additional text changes in the
land use element itself or you have to change the zoning. She said that if the intent
is to allow the CG uses to continue to exist and not mandate rezoning of the
property then the easiest way to address that is through additional language in
the text of the FLUM element. She said the Board can direct Staff to address this
issue through text amendment between now and when it goes to the Commission.
Board Discussion
Mr. Hansen said that he liked the idea of expanding the CBD on Mayport Road but
he didn't realize that it could have adverse effect on the existing businesses. He
wondered if this piece should be removed to move the package forward and figure
it out next month and do an amendment. Ms. Paul reiterated that she thought the
CBD section should be removed for now. Mr. Elmore said he likes the idea of what
possibilities there would be if it was left in. Chair Lanier said that it could be left in
and remedied with text changes. Ms. Durden said that she feels like the Board likes
the idea of the CBD but they don't like the idea of creating legal non-conforming.
December 18, 2018 Community Development Board Agenda Packet Page 9 of 42
Page 8 of 8
The Board agreed. She said that can be addressed through the language so that
they don't end up with the legal non-conforming uses.
Public Comment
Chair Lanier opened the floor to public comment for Ordinance 31-19-12.
Jefferson Ritchie of 2027 Paradise Oak's Court introduced himself. He wanted to
know about the annexation situation. Chair Lanier said that topic wasn't part of
the current discussion. Director Corbin said that would be addressed if annexation
happens. Chair Lanier told him that he would want to attend the next Commission
meeting.
Motion
Ms. Paul motioned to approve Ordinance 31-19-12 as presented. Mr. Elmore
seconded the motion. The motion carried unanimously.
5. REPORTS
Director Corbin said they would be bring impervious surface for discussion for
discussion at the next meeting.
Chair Lanier announced that the Commission had decided that the CDB would get
one alternate.
6. ADJOURNMENT
Mr. Hansen motioned to adjourn the meeting at 7:47 p.m. Mr. Elmore seconded
the motion. The motion carried unanimously.
_______________________________________
Linda Lanier, Chair
_______________________________________
Attest
December 18, 2018 Community Development Board Agenda Packet Page 10 of 42
December 18, 2018 Community Development Board Agenda Packet Page 11 of 42
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. UBEX18-0002
Request for a use-by-exception as permitted by Section 3-5, to allow the sale of
alcoholic beverages for on-premises consumption in accordance with Chapter
3 of the code at 299 Atlantic Boulevard, Unit #1.
LOCATION 299 Atlantic Boulevard, Unit 1
APPLICANT Julie Ann Weber
DATE December 10, 2018
STAFF Derek W. Reeves, AICP, Principal Planner
STAFF COMMENTS
The applicant is Julie Ann Weber, the owner of the proposed business at 299 Atlantic Boulevard, Unit 1.
The business will be a men’s apparel, grooming products, and gifts retail store with a café serving
beverages including coffee, tea, beer, and wine. The store will be set up with the retail area in the front
and the café/bar area in a back room. This unit is located within an existing multi-tenant commercial
building within the Central Business District zoning district.
Section 3-5 requires a use-by-exception
for on-premises consumption of
alcoholic beverages within the Central
Business District.
The applicant is not proposing any
changes to the ingress or egress of the
existing building or to the existing
parking on site. A central dumpster
location is used for the tenant’s building.
The applicant will install signage to code.
Surrounding uses include commercial businesses to the east, west and south of this unit with a commercial
parking lot to the north. The nearest existing residential is multi-family approximately 165 feet to the north
beyond the parking lot and across Ahern Street from the applicant’s unit. There are no proposed outdoor
seating areas as part of this business. Multiple other businesses in the area sell alcohol for on-premises
consumption in the area. Most of those businesses are full service restaurants.
The property is located within the Central Business District Future Land Use designation. Policy A.1.11.1
Central Business District of the City’s Comprehensive Plan states that the CBD is an area that contains a
well-established pattern and character of development, and permitted uses include retail, office, restaurant,
and certain entertainment uses, which contribute to the commercial, civic and cultural vitality of the City.
The proposed business is not proposing to alter the character of development and fits the desired uses of
retail and café/restaurant.
December 18, 2018 Community Development Board Agenda Packet Page 12 of 42
Page 2 of 2
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. UBEX18-0002) to allow on-premises
consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Central
Business District (CBD) Zoning District and located at 299 Atlantic Boulevard, Unit 1 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 24-114(b) in that the proposed use is found to be
consistent with the uses permitted in the CBD 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-(File No. UBEX18-0002) to allow on-premises consumption of
alcoholic beverages in accordance with Chapter 3 of the code within the Central Business District
(CBD) Zoning District and located at 299 Atlantic Boulevard, Unit 1 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 24-114(b) in that the proposed use is found to be
inconsistent with the uses permitted in the CBD zoning districts with respect to intensity of use,
traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby
residential uses.
December 18, 2018 Community Development Board Agenda Packet Page 13 of 42
USE-BY-EXCEPTION APPLICATION
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
FOR INTERNAL OFFICE USE ONL Y
FILE# USE.K I 8 -0 0 0z...
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APPLICANT INFORMATION
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Statement of facts and special reasons for the requested Use-By-Exception which der:nonstrates compliance with Section 24-63 of e
City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A) .. The guide on page 2 of this
application may be used if desired. Please address each item as appropriate to this request. ,
~ ~ \ 50 '2 \; x 2~~O~L\6F ~~crolio~i~'tfJF5I:,c,~1o~'( "S€{) ~~ ~~:A-~
(all information must f!.~ p~CJ.Vid~IU?e.f!''J~i a.y app,lic;apr;m is ~~I}~d'l{f!I;IJQr (lny public hearing):
1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories
and square footage, impervious surface area and existin ~{andjor"l)~op~~ea drlve~~ys "id~~titY any ~x7stin ~ sirt.;ct ~;e~·a~d\ uses
2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above
3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all
purposes related to this application .' . , . , .. ."' ., , ... '"", '" >'". I' r I I " I,"' .I: j
4. Survey and legal description of property sou'gfit"to be rezon~d (At tach a; Exhibit B)' ,., .,
5. Required number of copies: two (2) copies of all documents that are not larger than 11 x17 inches in size, if plans, photographs or
colored attachments are submitted, please provide eight (8) copies
-" I " 6. Application fee of $350.00
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
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5fGNATL!REOFAI'PUCANT ' ~. i 1 ~ ••• " PRINT OR TY"PE NAME'" • ' -'L ' .j ,,,),, ".... 'OAfE
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SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME DATE
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December 18, 2018 Community Development Board Agenda Packet Page 14 of 42
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December 18, 2018 Community Development Board Agenda Packet Page 24 of 42
December 18, 2018 Community Development Board Agenda Packet Page 25 of 42
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR18-0018
Request for a variance as permitted by Section 24-64, to decrease the required
rear yard setback from 30 feet to 17 feet at 1861 Sea Oats Drive in order to
convert an existing screen room into a glass room.
LOCATION 1861 Sea Oats Drive
APPLICANT John Halverson
DATE December 10, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant has requested that this item be deferred to the next Community Development Board
meeting on January 15, 2019.
The applicant is John Halverson, the owner of
1861 Sea Oats Drive. This property is located
within the Selva Marina Unit 9 Planned Unit
Development (PUD) which has a 30 foot required
rear yard setback. Built in 1980, the existing
single family home was built 30 feet from the rear
lot line. Permit records show that a screen room
located 17 feet from the rear lot line was built on
the back of the house in 1989.
The applicant is proposing to convert the existing,
nonconforming screen room into an enclosed and
conditioned glass room with no change to the
existing footprint. However, while screen porches
are allowed to project into required rear yard
setbacks, once they are enclosed they are
considered an extension of the house. As such,
the enclosed room will have to meet the required
30 foot rear yard setback.
Two ordinances to rezone this area to a new
zoning district (Residential-Selva Marina) are
currently pending. This proposed new zoning
district would maintain the same required
setbacks as the current, applicable planned unit
developments (PUDs).
December 18, 2018 Community Development Board Agenda Packet Page 26 of 42
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.
(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.
The applicants stated that there is currently a screen room built on the property where the proposed
glass room will be located and that the footprint will not be changed and there will be no addition of
impervious surface to 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.
December 18, 2018 Community Development Board Agenda Packet Page 27 of 42
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0018, request to
decrease the required rear yard setback from 30 feet to 17 feet to convert an existing screen room into a
glass room at 1861 Sea Oats Drive, 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 ZVAR18-0018, request to decrease
the required rear yard setback from 30 feet to 17 feet to convert an existing screen room into a glass room
at 1861 Sea Oats Drive, upon finding this request is not consistent with the definition of a variance, 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.
December 18, 2018 Community Development Board Agenda Packet Page 28 of 42
December 18, 2018Community Development Board Agenda PacketPage 29 of 42
December 18, 2018Community Development Board Agenda PacketPage 30 of 42
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December 18, 2018Community Development Board Agenda PacketPage 32 of 42
December 18, 2018 Community Development Board Agenda Packet Page 33 of 42
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C
CASE NO. ZVAR18-0020
Request for a variance as permitted by Section 24-64, to increase the maximum
length allowed for a privacy screen/wall and to decrease the required side yard
setbacks for a privacy screen/wall from 15 feet to 0 feet at 1946 Beachside
Court.
LOCATION 1946 Beachside Court
APPLICANT Sheila Powers
DATE December 10, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant has requested that this item be deferred to the next Community Development Board
meeting on January 15, 2019 due to a scheduling conflict.
The applicant is Sheila Powers, the owner of 1946
Beachside Court. In May of this year, a “stop work
order” was placed on the property by one of the
city’s building inspectors for replacing a fence
without a permit. At the time of the “stop work
order”, a 6 foot fence with 2 feet of open lattice
attached to the top of it was already installed along
the entirety of the rear lot line and portions of both
side lot lines. The applicant then applied for a
permit to keep the existing 6 foot fence with 2 feet
of open lattice but was denied for exceeding the
maximum 6 foot height allowed for fences in side
and rear yards, as restricted by Section 24-157(b).
The applicant has expressed that the intent of the
fencing and lattice is to create privacy in their
backyard, which is limited due to the raised
elevation of the neighboring property behind the
applicant’s. Section 24-157(d) of the city code
allows vertical structures intended for privacy
such as trellises, screens, partitions or walls up to
8 feet in height and 12 feet in length, provided
such structures are not located in the front yard and
meet applicable side yard setbacks. The applicant
is requesting a variance from this section to allow
for a privacy screen that is longer than 12 feet and does not meet the applicable side yard setbacks.
December 18, 2018 Community Development Board Agenda Packet Page 34 of 42
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.
The applicant states that deck in the backyard of the property behind them is approximately 9 feet,
6 inches off the property line and elevated approximately 4 feet from grade. The applicant states that
this results in no privacy in the backyard for the applicant.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant states that the deck on the property to the rear, 1949 Seminole Road, is constructed
within 9 feet, 6 inches of the property line and violation of the 20 foot rear setback, resulting in no
privacy for the applicant.
(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.
December 18, 2018 Community Development Board Agenda Packet Page 35 of 42
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0020, request for a
variance as permitted by Section 24-64, to increase the maximum length allowed for a privacy screen/wall
and to decrease the required side yard setbacks for a privacy screen/wall from 15 feet to 0 feet at 1946
Beachside Court (Lot 26, Block 1, Beachside), 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 ZVAR18-0020, request for a
variance as permitted by Section 24-64, to increase the maximum length allowed for a privacy screen/wall
and to decrease the required side yard setbacks for a privacy screen/wall from 15 feet to 0 feet at 1946
Beachside Court (Lot 26, Block 1, Beachside), upon finding this request is not consistent with the
definition of a variance, 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.
December 18, 2018 Community Development Board Agenda Packet Page 36 of 42
December 18, 2018Community Development Board Agenda PacketPage 37 of 42
December 18, 2018Community Development Board Agenda PacketPage 38 of 42
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December 18, 2018Community Development Board Agenda PacketPage 41 of 42