1725 Beach Avenue ZVAR-2011-01 Staff Report CDBAGENDA ITEM 4.a
COMMUNITY DEVELOPMENT STAFF REPORT
March 15, 2011 Public Hearing
Zoning Variance, ZVAR-2011-01
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: March 15, 2011
Subject: ZVAR-2011-01
Applicant: Donald and Karen Wolfson,
1725 Beach Avenue.
Atlantic Beach, Florida 32233
Requested Action: Request for a Variance from Sec. 24-107(e) (2) to reduce the required
20(twenty (20) foot rear yard setback to seven (7) feet to allow for the future construction of
residential structure on a non conforming 50’ x 70’ lot of record lot at 1725 Beach Avenue, west side
of1725 Beach Avenue.
STAFF COMMENTS AND RECOMMENDATION
This item was deferred by the CDB at the February 15, 2011, along with a request from Board
members for additional historic information and/or a revision to the request by the applicant. Both
Board members and the applicant requested presence of and input from legal counsel prior to further
consideration of this item. Staff has done exhaustive research, and presents the following in support
of its recommendation for approval, as originally presented in the previous staff report.
Excerpts from historic CDB minutes regarding variances granted for nonconforming lots
impacted by the 1987 annexation, and discussions of related matters
A compilation of documents related to the Townsend Hawkes variance appeal, regarding a
part of Government Lot 4, recorded in O/R Book 3098-721, and otherwise known as 1772
Beach Avenue.
A compilation of documents related to the Mark Kredell variance appeal, regarding a part of
Government Lot 4, recorded in O/R Books 6156-2259 and 5600-1703, and otherwise known
as 1850-1852 Beach Avenue.
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To reiterate, the applicant has requested this variance to allow for future development of the subject
property, located on the west side of Beach Avenue. Like numerous other lots in the vicinity, this is
considered a non-conforming lot of record of substandard size. Lots of less than 5000 square feet in
size are considered to be substandard in size, although they may be legal Lots of Record, and the
Code provides for their development for single-family use in accordance with current setbacks or
with the terms of a Variance from the Community Development Board. Such lots are typically 50’
wide x 50’ deep, and a number have received variances over the years. Section 24-64 (d) (6) setting
forth the following grounds for approval of a variance would seem to be applicable to this request.
Staff recommends approval and also recommends that this variance be granted to run with the title to
the property.
SUGGESTED ACTION TO APPROVE
The Community Development Board may consider a motion to approve this request for a
variance from Sec. 24-107(e) (2) to reduce the required twenty (20) foot rear yard setback to
seven (7) feet to allow for the construction of a residential structure on a non conforming lot of
record lot at 1725 Beach Avenue (west side) to run with the title to the property upon finding
(Provide findings of fact similar to the following):
(1) The special conditions and circumstances necessitating this request do not result from the
actions of the applicant.
(2) The substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
(3) The granting of the variance will be in harmony with the general intent and purpose of this
Chapter, and the variance will not be injurious to the area involved or otherwise detrimental
to the public welfare.