225 Sherry Drive 17-ZVAR-309 Staff Report (2) CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO 17‐ZVAR‐309
Request for a variance as permitted by Section 24‐64, to reduce the rear yard
setback from 20 feet as required by Section 24‐106(e)(2) to 19 feet to allow an
addition at Milbert Homes S/D Lot 5 (aka 225 Sherry Drive).
LOCATION 225 SHERRY DRIVE
APPLICANT MARIE MORTENSON
DATE FEBRUARY 13, 2017
STAFF DEREK W. REEVES, PLANNER
STAFF COMMENTS
The applicant is Marie Mortenson, the owner of 225 Sherry Drive. The property is located on the northeast
corner of 2nd Street and Sherry Drive with a one story, single‐family home that was built in 1950 within the
RS‐2 zoning district. The applicant would like to add 197 square feet to the east side of the home that would
be about 19 feet from the northern property line and 18 feet from the eastern property line.
A variance is required by Section 24‐106(e)(2), which requires a rear yard setback of 20 feet, while the
applicants would like to add onto the existing house with a 19 foot rear yard setback. As a corner lot, the
narrowest side of the property adjoining a street is the front yard by definition of the code. This property has
76 feet along 2nd Street and 100 feet along Sherry Drive. This means that the front yard is along 2nd Street
and the rear yard is along the opposite (north) side of the property. Despite the homes orientation and
functionality with the front door and larger yard along Sherry Drive, setbacks are based on property
characteristics.
The property has a couple of nonconformities including the original location of the house. A survey on file
with the City showing the original house has the northern wall of the house in the same location as it is today,
but it is unknown what the setbacks were at the time of original construction in 1950 so it may have been
conforming at the time. There is also a pool located on the south side of the property, which is also the front
yard. Pools are not allowed in front yards under codes, making it nonconforming as well. It is not known
when this pool was constructed or if it met codes at the time.
The proposed addition extends the nonconforming wall along the north side of the property for a distance of
about 10 feet for a total of 10 square feet of the addition to be in violation of the setbacks.
The project has been submitted for permitting and is denied pending the outcome of this variance request.
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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 the home was originally developed with Sherry Drive as the
front yard for the home and that it is only the code that makes 2nd Street as the front yard (with the north
yard the rear yard).
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant stated in their application that the corner lot ordinance is restricting the continuance of an
existing condition 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.
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REQUIRED ACTION
The Community Development Board may consider a motion to approve 17‐ZVAR‐309, request to reduce the rear
yard setback from 20 feet as a required by Section 24‐106(e)(2) to 19 feet to allow an addition at Milbert Homes
S/D Lot 5 (aka 225 Sherry 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 17‐ZVAR‐309, request to reduce the rear
yard setback from 20 feet as a required by Section 24‐106(e)(2) to 19 feet to allow an addition at Milbert Homes
S/D Lot 5 (aka 225 Sherry Drive), 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.