720 Aquatic Drive ZVAR17-0005 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO ZVAR17-0005
Request for a variance as permitted by Section 24-64, for relief from the Section
24-88(b) requirement for adjoining townhouse dwelling units to be constructed
of substantially the same architectural style, colors, and materials and for relief
from the Section 24-88(c) requirement for adjoining townhouse dwelling units
to be constructed at substantially the same time or in a continuous sequence to
allow the addition of an open porch in the rear at Aquatic Gardens, Lot 17-D
(aka 720 Aquatic Drive).
LOCATION 720 Aquatic Drive
APPLICANT Kayla Sim
DATE October 10, 2017
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant is Kayla Sim, the owner of the townhouse located at 720 Aquatic Drive in Aquatic Gardens. This
townhome is the end unit of a four unit building that was built in 1986. The property is located in the Residential
General Multi-Family (RG-M) zoning district and its Future Land Use designation is Residential High Density
(RH).
A two-part variance is needed to construct an open porch over existing
concrete pavers in the rear of the townhouse. First, Section 24-88 (b)
requires that “adjoining townhouse units shall be constructed of
substantially the same architectural style, colors, and materials.” The
installation of a composite roof and white support posts to create a
porch in the rear of this townhome would result in an architectural
style, colors, and materials different than those of the other attached
units. Second, Section 24-88(c) requires that “adjoining townhouse
units shall be constructed at substantially the same time or in a
continuous sequence unless an existing structure is being renovated
within the same building footprint.” The construction of the open
porch would be independent of the other attached units and
considered expanding the building footprint by City Code. The
effective date of the ordinance that established the Code Sections that
this variance is seeking relief from was January 1, 2002.
The proposed roof of the open porch would extend 10 feet beyond the
existing roof line and the proposed posts would be 10 feet beyond the
exterior walls. This proposed location of the porch complies with
setback regulations for the RG-M zoning district.
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 in their application that current use of the paved, uncovered patio area is
intolerable on warm/sunny days and that other properties in the neighborhood have covered porches
that provide them relief from such circumstances.
(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 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR17-0005, request for
relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of
substantially the same architectural style, colors, and materials and for relief from the Section 24-88(c)
requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in
a continuous sequence in order to allow the addition of an open porch in the rear of the existing townhouse
at Aquatic Gardens, Lot 17-D (aka 720 Aquatic 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 ZVAR17-0005, request for relief
from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of
substantially the same architectural style, colors, and materials and for relief from the Section 24-88(c)
requirement for adjoining townhouse dwelling units to be constructed at substantially the same time or in
a continuous sequence in order to allow the addition of an open porch in the rear of the existing townhouse
at Aquatic Gardens, Lot 17-D (aka 720 Aquatic 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.