763 Atlantic Boulevard ZVAR18-0019 Staff Report CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.E
CASE NO. ZVAR18-0019
Request for a variance as permitted by Section 24-64, to decrease the required
rear yard and side yard setbacks for an existing structure at 763 Atlantic
Boulevard (B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range
29 East, Duval County, Florida).
LOCATION 763 Atlantic Boulevard
APPLICANT Handler Family Partnership, LLLP
DATE November 8, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant is Handler Family Trust, the owner of 763
Atlantic Boulevard, located within the Commercial
General (CG) zoning district. Currently, an outdoor
cooler/storage structure belonging to the neighboring
property (31 Royal Palms Drive) is partially located on
the applicant’s property. It is unclear exactly when the
structure was installed but records suggest it was
originally installed over 20 years ago without a permit
from the City. The location of the unpermitted structure
has resulted in legal and code enforcement actions
involving the City, the applicant, and the neighboring
property. In an attempt to resolve the issue, the applicant
is agreeing to change the northern property line so that the
cooler will be entirely on the neighboring property and off
of the applicant’s property. However, the existing
structure located on the property will not meet the
required 5 foot side yard setback or the 10 foot rear yard
setback for the CG zoning district with the change in
property lines, resulting in the need for a variance.
Page 2 of 3
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.
(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 that the improvements on the neighboring property, 31 Royal Palms Drive,
were constructed prior to current land development regulations. To resolve issues relating to the
property boundary, the owners have agreed to terms that would modify the boundary on the eastern
end of the properties. There will be no change in the location of the existing improvements.
(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 ZVAR18-0019, request for a
variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing
structure at B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County,
Florida (aka 763 Atlantic Boulevard), 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 ZVAR18-0019, request for a
variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing
structure at B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County,
Florida (aka 763 Atlantic Boulevard), 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 disc retion, 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.