134 Pine Street ZVAR17-0011 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO ZVAR17-0011
Request for a variance as permitted by Section 24-64, for relief from the Section
24-88(b) requirement for adjoining townhouse dwelling units to be constructed
of substantially the same architectural style, colors, and materials at the south
half of Lot 670 in Saltair Section No. 3 (aka 134 Pine Street).
LOCATION 134 Pine Street
APPLICANT Mary B. Cloutier
DATE December 11, 2017
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant is Mary B. Cloutier, the owner of the townhouse located at 134 Pine Street. This townhome is the
southern unit of a two- unit building that was built in 1986. The property is located in the Residential Single-Family
(RS-2) zoning district and its Future Land Use designation is Residential Medium Density (RM).
A variance is needed to replace the existing
siding of the applicant’s southern unit of the
townhouse. Section 24-88 (b) requires that
“adjoining townhouse units shall be
constructed of substantially the same
architectural style, colors, and materials.”
The applicant is proposing to replace the
existing T1-11 siding with hardi-board lap
siding on the back, side, and part of the front
of the southern unit. The re-siding of one unit
of the townhouse would result in a differing
architectural style and construction materials
between the two townhouse units. The
applicant stated that the proposed siding
would be repainted in the existing color, in
order to keep both townhouse units the same color. Currently, the
architectural style of the townhouse units differs slightly as a
result of a second story buildout of the southern unit. The
effective date of the ordinance that established the Code Section
that this variance is seeking relief from was January 1, 2002.
Hardi‐Board
Lap Siding
Existing T1‐11
Siding
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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.
The applicant stated that the existing T1-11 siding needs to be replaced due to rotting of the wood
and that the proposed hardi-board lap siding is both rot and termite resistant.
(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 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR17-0011, request for
relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of
substantially the same architectural style, colors, and materials in order to allow the residing of one unit
of a two-unit townhouse at the southern half of Lot 670, Saltair Section No. 3 (aka 134 Pine Street), 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 ZVAR17-0011, request for relief
from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of
substantially the same architectural style, colors, and materials in order to allow the residing of one unit
of a two-unit townhouse at the southern half of Lot 670, Saltair Section No. 3 (aka 134 Pine Street), 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.