340 Ocean Boulevard ZVAR18-0008 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR18-0008
Request for a variance as permitted by Section 24-64, to decrease the minimum
distance required for open exterior stairs from side lot lines from 3 feet as
required by Section 24-151(b)(1)(n) to 1.5 feet to allow for an open exterior
staircase on the south side of a new two-story detached garage at Lot 4, Block
24, Subdivision “A” Atlantic Beach (aka 340 Ocean Boulevard).
LOCATION 340 Ocean Boulevard
APPLICANT Michael Phillips and Tina Foster
DATE April 9, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicants are Michael Phillips and Tina Foster. Mr.
Phillips is the builder of the new single family home at 340
Ocean Boulevard that Ms. Foster owns. The applicants are
requesting to keep the open exterior staircase in its current
location. The exterior staircase was built on the south side
of the detached garage and is located 1.5 feet from the side
property line. Section 24-151(b)(1)(n) of the City Code
requires open exterior staircases to be located a minimum
of 3 feet from side property lines.
City Staff was unaware that the staircase would be
constructed in this location because it was not shown on the
site plan that Staff approved. When the location of the
staircase was brought to the City’s attention, the applicants
were informed that the staircase would have to be relocated
in order to comply with City Code. As final inspections for
the new home and detached garage are approaching, the
applicants are requesting to keep the staircase in its current
location. Final inspections will not be passed by City Staff
until the staircase is relocated or if the applicants are granted
this variance allowing it to remain in its current location.
Edge of
Staircase
Property
Line
1.5 feet
Page 2 of 4
Below is a project timeline leading up to the variance request:
5/24/17 - Permit application submitted for single family home with detached garage;
6/12/17 – Plan review comments by zoning included the request for a revised site plan illustrating building
setback lines. (Setbacks: Section 24-67(c) requires a site plan showing setbacks. Please provide a site plan
showing setbacks from all new elements to property lines.) Figure 1. Shows the site plan as originally
submitted.
6/13/17 – Plan revision submitted illustrating setback lines. The staircase was not illustrated on the revised
submittal. Figure 2. Shows the revised site plan.
6/22/17 - Zoning approved the setbacks based on the plan as it was submitted.
6/30/17 – The building permit was issued.
12/18/17 – Complaint received. Staff performed site visit and verified violation. Builder expressed desire to
revolve the setback issue without a variance. Construction was allowed to continue.
1/25/18- Site visit by the Planning and Building departments. Builder expressed desire to revolve the
setback issue without a variance. Construction was allowed to continue.
3.26.18 – Planning department contacted builder for an update. Builder informed staff that a setback
variance would be requested.
3.26.18 - Application for a setback variance was submitted.
3.30.18 - A stop work order was issued for the garage until resolution of setback violation.
Figure 1 Figure 2
Page 3 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 that the staircase was approved to build but now the City wants him to remove
it.
(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 4 of 4
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0008, request for a
variance as permitted by Section 24-64, for a variance as permitted by Section 24-64, to decrease the
minimum distance required for open exterior stairs from side lot lines from 3 feet as required by Section
24-151(b)(1)(n) to 1.5 feet to allow for an open exterior staircase on the south side of a new two-story
detached garage at Lot 4, Block 24, Subdivision “A” Atlantic Beach (aka 340 Ocean Boulevard), 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 ZVAR18-0008, request for a
variance as permitted by Section 24-64, for a variance as permitted by Section 24-64, to decrease the
minimum distance required for open exterior stairs from side lot lines from 3 feet as required by Section
24-151(b)(1)(n) to 1.5 feet to allow for an open exterior staircase on the south side of a new two-story
detached garage at Lot 4, Block 24, Subdivision “A” Atlantic Beach (aka 340 Ocean Boulevard), 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.