664 Beach Avenue ZVAR18-0004 Staff Report
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR18-0004
Request for a variance as permitted by Section 24-64, to increase the maximum
structural projection permitted into required front yards from 4 feet as required
by Section 24-83(b) to 12.5 feet; to increase the maximum structural projection
permitted into required side yards from 2 feet as required by Section 24-83(b)
to 2.8 feet; and to increase the maximum height allowed for this lot from 17.5
feet as required by Section 24-82(c) to 23.7 feet in order to build a new deck
and roof at the east 75 feet of Lot 5, Daniel and Hackett Replat of Block 16 (aka
664 Beach Avenue).
LOCATION 664 Beach Avenue
APPLICANT Dejean and Laurie Melancon
DATE March 12, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicants are Dejean and Laurie Melancon, the owners
of 664 Beach Avenue. The lot is 50 feet wide by 75 feet deep
and is zoned Residential General (RG). The existing house
was built in 1940 and currently has a second story,
uncovered deck on the northern side of the house.
The applicants are proposing to construct a roof over the
second story deck. In the RG zoning district, the required front yard setback is 20 feet and the required
side yard setbacks are a combined 15 feet, with a minimum of 5 feet on either side. With an existing 10.1
foot setback on the south side, the minimum required setback on the north side (where the roof is proposed)
is 5 feet. The proposed roof would be located 7.5 feet from the front lot line and 2.2 feet from the northern
side lot line. Section 24-83(b) of the City Code allows roofs to project up to 4 feet into required front yard
setbacks and up to 2 feet into required side yard setbacks. As such, the proposed roof would be permitted
16 feet from the front lot line and 3 feet from the northern lot line. The applicants are requesting to increase
this allowable projection from 4 feet to 12.5 feet into the required front yard and from 2 feet to 2.8 feet
into the required side yard in order to construct the proposed roof.
In addition to exceeding the maximum structural projections allowed into front and side yards, the
proposed roof would exceed the maximum height allowed for this lot. Section 24-82(c) of the City Code
limits the allowable height for non-conforming lots to a percentage of the lot area when compared to the
minimum lot size of the applicable zoning district and then applying this percentage to the maximum
height allowed (35 feet). This lot is 75 feet by 50 feet, 50% of the minimum required lot size for the RG
zoning district, resulting in a maximum allowable height of 17.5 feet (50% of 35) for this lot. The height
of the proposed roof, at its highest point, would be 23.7 feet from grade, 6.2 feet higher than the maximum
allowed.
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.
The applicant stated that their immediate neighbors to the north, south, and west all encroach on
current setbacks.
(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 existing porch without the roof is 8’-8” and City code allows a
maximum of 8’-2”.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0004, request for a
variance as permitted by Section 24-64, to increase the maximum structural projection permitted into
required front yards from 4 feet as required by Section 24-83(b) to 12.5 feet; to increase the maximum
structural projection permitted into required side yards from 2 feet as required by Section 24-83(b) to 2.8
feet; and to increase the maximum height allowed for this lot from 17.5 feet as required by Section 24-
82(c) to 23.7 feet in order to build a new deck and roof at the east 75 feet of Lot 5, Daniel and Hackett
Replat of Block 16 (aka 664 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.
Page 3 of 3
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 ZVAR18-0004, request for a
variance as permitted by Section 24-64, to increase the maximum structural projection permitted into
required front yards from 4 feet as required by Section 24-83(b) to 12.5 feet; to increase the maximum
structural projection permitted into required side yards from 2 feet as required by Section 24-83(b) to 2.8
feet; and to increase the maximum height allowed for this lot from 17.5 feet as required by Section 24-
82(c) to 23.7 feet in order to build a new deck and roof at the east 75 feet of Lot 5, Daniel and Hackett
Replat of Block 16 (aka 664 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.