536 Beach Avenue ZVAR17-0015 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C
CASE NO. ZVAR17-0015
Request for a variance as permitted by Section 24-64, to allow for the
construction of a new two story home that would increase the maximum
permitted height of 14 feet as required for this lot by Section 24-82(c) to 24 feet;
to reduce the minimum ground floor living area for two story residential
dwellings from 650 square feet of enclosed living area as required by Section
24-82(j)(2) to 564 square feet of enclosed living area; to decrease the front yard
setback from 20 feet as required by Section 24-106(e)(1) to 10 feet; to decrease
the side yard setbacks from a combined 15 feet with a minimum of 5 feet on
either side as required by Section 24-106(e)(3) to a combined 10 feet with a
minimum of 5 feet on either side, and to decrease the rear yard setback from 20
feet as required by Section 24-106(e)(2) to 12 feet at the east 50 feet of Lot 3,
Block 19, Atlantic Beach (aka 536 Beach Avenue).
LOCATION 536 Beach Avenue
APPLICANT Leah Sherman
DATE January 9, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant is Leah Sherman, the owner of 536 Beach Avenue. The property is located on the west side
of Beach Avenue in the Residential, Single-Family (RS-2) zoning district and its Future Land Use
designation is Residential Low Density (RL). The lot is legally nonconforming at only 40 feet wide by 50
feet deep. The applicant is proposing the construction of a new two-story home to replace the existing,
nonconforming two-story home that was built in 1923. However, due to the small size of the lot, multiple
variances are needed to construct the proposed home.
First, the proposed height of the new home is 24 feet, exceeding the maximum building height allowed
for a lot of this size. Section 24-82(c) of the City Code limits the maximum height of buildings on
nonconforming lots to a percentage of the area of the lot compared to the minimum requirement of the
zoning district and applying the same to the 35 foot maximum height allowed for buildings in said zoning
district. The proposed increase from the 20.3 foot height of the existing home to the proposed 24 feet is a
result of several concerns. The current ground floor elevation is 4 inches above grade, resulting in flooding
concerns. The new home would raise this floor elevation to 24 inches above grade. Also, the first floor
roof ceiling of 7 feet is believed to be substandard by the applicant and would be raised to 8 feet. Further,
the 8 inch floor system between the first and second stories would cause plumbing and air conditioning
issues if the structure were to be remodeled.
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Second, the proposed 564 square feet of ground floor living area for the new home is below the minimum
650 square feet for two-story homes required by Section 24-82(j)(2). The proposed 564 square feet is very
similar to the existing 562 square feet of ground floor living area. Total lot coverage however would
decrease from the existing 854 square feet (42.7%) to the proposed 799 square feet (40%).
Thirdly, the new home would create different front, rear, and side yard setbacks from those of the existing
house (See Below). One noticeable proposed change is moving the front of the house from 3.8 feet off the
front property line back to 10 feet in order to alleviate parking concerns. Another noticeable change would
occur on the north side of the property. Currently, the north side of the existing home is 12.5 feet from the
property line with a covered, open air patio that is 5.3 feet from this property line. To make up for lost
room in the front yard, the new home would extend this side of the house so that it is 5 feet from the
northern property line. As a result, a 5.3 foot setback to an open patio would become a 5 foot setback to a
two-story side wall. The south side of the new home would also be 5 feet from the property line, 2 inches
closer than the existing home. Continuing, the existing home is located 9.8 feet from the rear property line
with an open porch that is 9.2 feet from the rear property line. The new home would be 12 feet from the
rear property line with a second story deck that would be 8 feet from the rear property line.
EXISTING PROPOSED
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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.
The applicant stated that the existing house is too close to the street to provide covered/enclosed
parking and that the current floor elevation is prone to flooding. The applicant also stated that due
to the age of the structure, the necessary renovation costs are the same as the cost to construct a new
house.
(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.
The applicant stated that the square footage of the lot limits the height below a reasonable number
and that a variance for the proposed setbacks allows for more space without encroaching on the
existing neighbors.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR17-0015, request for a
variance as permitted by Section 24-64, to allow for the construction of a new two story home that would
increase the maximum permitted height of 14 feet as required for this lot by Section 24-82(c) to 24 feet;
to reduce the minimum ground floor living area for two story residential dwellings from 650 square feet
of enclosed living area as required by Section 24-82(j)(2) to 564 square feet of enclosed living area; to
decrease the front yard setback from 20 feet as required by Section 24-106(e)(1) to 10 feet; to decrease
the side yard setbacks from a combined 15 feet with a minimum of 5 feet on either side as required by
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Section 24-106(e)(3) to a combined 10 feet with a minimum of 5 feet on both sides, and to decrease the
rear yard setback from 20 feet as required by Section 24-106(e)(2) to 12 feet at the east 50 feet of Lot 3,
Block 19, Atlantic Beach (aka 536 Beach Avenue), 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 ZVAR17-0015, request for a
variance as permitted by Section 24-64, to allow for the construction of a new two story home that would
increase the maximum permitted height of 14 feet as required for this lot by Section 24-82(c) to 24 feet;
to reduce the minimum ground floor living area for two story residential dwellings from 650 square feet
of enclosed living area as required by Section 24-82(j)(2) to 564 square feet of enclosed living area; to
decrease the front yard setback from 20 feet as required by Section 24-106(e)(1) to 10 feet; to decrease
the side yard setbacks from a combined 15 feet with a minimum of 5 feet on either side as required by
Section 24-106(e)(3) to a combined 10 feet with a minimum of 5 feet on both sides, and to decrease the
rear yard setback from 20 feet as required by Section 24-106(e)(2) to 12 feet at the east 50 feet of Lot 3,
Block 19, Atlantic Beach (aka 536 Beach Avenue), 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.