290 Beach Avenue ZVAR-14-00100047 Staff Report CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4A
CASE NO ZVAR-14-00100047
Request for a variance as permitted by Section 24-64 for a reduction of front yard
setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front
yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at
Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.).
LOCATION 290 BEACH AVENUE
APPLICANT ANDREW THOMAS PITLER
DATE NOVEMBER 6, 2014
STAFF DEREK REEVES, ZONING TECHNICIAN
STAFF COMMENTS
The applicant, Andy Pitler is the owner of 290 Beach Avenue. The property is a platted 50 foot wide
through lot between Beach Avenue and Ocean Boulevard, with a depth of about 130 feet. The property was
until recently part of a larger property that was split to return the property back to its original two platted
lots, which are under different ownership. There is a conforming 2 story garage apartment that faces Ocean
Boulevard and a one story nonconforming house 8 feet from Beach Avenue. This is a structure that the
Community Development Board heard a variance request for on July 15th, 2014 to reduce front yard
setback from Beach Avenue so that a second floor could be added to the structure. This variance re quest
was denied. The applicant would like to demolish both structures on the property and build a new one. The
new structure would face Beach Avenue and be located 16 feet from the Beach Avenue property line. A
garage with second floor living space connected to the house would be built with driveway access from
Ocean Boulevard and be located 18 feet from the Ocean Boulevard property line.
The property is located in the RS-2 zoning district and has 20 foot front yard setbacks according to Section
24-106(e)(1) of the Land Development Regulations. Since this property is also a through lot, the provisions
of Section 24-84(a) apply, which states;
“Double frontage lots. On double frontage lots, the required front yard shall be provided on each street,
except for lots as set forth below and as set forth in Section 24-88.”
Under the current code, the areas along both Beach Avenue and Ocean Boulevard are considered the front
yard and a 20 foot setback is required. A variance is required for the applicant’s proposed plan so that the
front yard setbacks can be reduced on each side. The applicant has requested a front yard reduction from
20 feet to 16 feet on the Beach Avenue side and front yard reduction from 20 feet to 18 feet on the Ocean
Boulevard side.
Page 2 of 4
Site Plan of 290 Beach Avenue and Surrounding Area
There is a code change before the City Commission at the recommendation of the Community Development
Board that affects this property, but it would not greatly affect this variance application. The code change if
approved would designate Ocean Boulevard as the front yard and Beach Avenue as the rear yard. Rear yard
setbacks in the RS-2 zoning district are identical to front yard setbacks at 20 feet. This would mean that the
applicant would still be requesting for the same dimensional variances to setbacks except it would be from
both front and rear yards and not just front yards.
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 has stated that the through lot property is one of only a few in the RS-1 zoning district and
Old Atlantic Beach, which results in greater restrictions than other properties in the area.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant has stated that the property is a non-conforming lot due to its 50 foot width. This narrow
width requires structures to be long and narrow resulting in the need to use more length than other
properties.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant has stated that Section 24-106(e), which was created well after platting, requires 20 foot
setbacks from the property line along Beach Avenue and the property line along Ocean Boulevard. This
limits the use of the depth of 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 RS-2 zoning district requires a minimum lot size of 7500 square feet. This
property has less than 6500 square feet.
Page 4 of 4
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100047,
request for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the
front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach
Subdivision Block 28 Lot 5 (aka 290 Beach Ave.), 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 above.
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 recommend denial of ZVAR-14-00100047,
request for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the
front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach
Subdivision Block 28 Lot 5 (aka 290 Beach Ave.), 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.
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.