2069 Beach Avenue ZVAR-13-00100064 Staff Report CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.C.
CASE NO ZVAR-13-00100064
Request for variance from the provisions of Section 24-106(e)(2), to reduce the
required rear yard setback for the principal structure from twenty (20) feet to sixteen
(16) feet, nine (9) inches, to allow for a first floor addition to a single-family dwelling
located on a property within the Residential Single-Family (RS-2) zoning district at
2069 Beach Avenue.
LOCATION 2069 BEACH AVENUE
APPLICANT MICHAEL DUNLAP, ARCHITECT
DATE JULY 16, 2013
STAFF ERIKA HALL, PRINCIPAL PLANNER
STAFF COMMENTS
Background
The applicant sought and was granted a
variance for practically an identical request in
early 2007, with the sole difference being
that the 2007 request was to accommodate a
second story addition with corner supports.
The property owner now wishes to enclose
the first floor area which the 2007 second-
story addition overhangs.
Staff considers this variance request to be
primarily a procedural house-keeping matter
because (1) the 2007 variance order specifies
the variance was being granted for the
purpose of a second story addition only, even
though (2) the northern corner support
already occupies the area which is subject to
the current variance request. Granting of the
current request would not result in an
encroachment beyond that which already
exists as the result of the 2007 variance, and
subsequent second-story addition.
FIGURE 1. 2069 Beach Avenue. Google Maps, accessed
June 26, 2013.
Page 2 of 3
Analysis
Section 24-64(b)(1) provides that “[a]pplications 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. As noted in the applicant’s narrative, the
subject property does have topographic variation typical of most oceanfront lots in the vicinity, and
preservation of the primary dune system has constrained construction to the western portion of the
parcel.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Not applicable.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area. Not applicable.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property. Not applicable.
(5) Irregular shape of the property warranting special consideration. The western (rear) property line
which abuts the Beach Avenue right-of-way is angled and therefore not perpendicular to the structure.
The existing second-floor encroachment and the proposed first-floor encroachment, which is minimal at
approximately twenty-one gross square feet, results from the straight positioning of the structure
relative to the angled property line.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of
the property. Not applicable.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR-13-00100064, request for
variance from the provisions of Section 24-106(e)(2), to reduce the required rear yard setback for the
principal structure from twenty (20) feet to sixteen (16) feet, nine (9) inches, to allow a first floor addition to
a single-family dwelling located within a Residential Single-Family (RS-2) zoning district at 2069 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 one or more of the grounds for approval delineated in Section 24-
64(d) and as described above.
The Community Development Board may consider a motion to deny ZVAR-13-00100064, request for
variance from the provisions of Section 24-106(e)(2), to reduce the required rear yard setback for the
principal structure from twenty (20) feet to sixteen (16) feet, nine (9) inches, to allow a first floor addition to
a single-family dwelling located within a Residential Single-Family (RS-2) zoning district at 2069 Beach
Avenue, upon finding that the request is either inconsistent with the definition of a variance, or it is not in
accordance with the grounds of approval delineated in Section 24-64(d), 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.
Page 3 of 3
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.
ATTACHMENTS
• EXHIBIT 1: Copy of ZVAR-06-00100115 (PZ File #2007-01)