1861 Sea Oats Drive ZVAR18-0018 Staff Report CDB
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR18-0018
Request for a variance as permitted by Section 24-64, to decrease the required
rear yard setback from 30 feet to 17 feet at 1861 Sea Oats Drive in order to
convert an existing screen room into a glass room.
LOCATION 1861 Sea Oats Drive
APPLICANT John Halverson
DATE December 10, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant has requested that this item be deferred to the next Community Development Board
meeting on January 15, 2019.
The applicant is John Halverson, the owner of
1861 Sea Oats Drive. This property is located
within the Selva Marina Unit 9 Planned Unit
Development (PUD) which has a 30 foot required
rear yard setback. Built in 1980, the existing
single family home was built 30 feet from the rear
lot line. Permit records show that a screen room
located 17 feet from the rear lot line was built on
the back of the house in 1989.
The applicant is proposing to convert the existing,
nonconforming screen room into an enclosed and
conditioned glass room with no change to the
existing footprint. However, while screen porches
are allowed to project into required rear yard
setbacks, once they are enclosed they are
considered an extension of the house. As such,
the enclosed room will have to meet the required
30 foot rear yard setback.
Two ordinances to rezone this area to a new
zoning district (Residential-Selva Marina) are
currently pending. This proposed new zoning
district would maintain the same required
setbacks as the current, applicable planned unit
developments (PUDs).
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 applicants stated that there is currently a screen room built on the property where the proposed
glass room will be located and that the footprint will not be changed and there will be no addition of
impervious surface to 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 ZVAR18-0018, request to
decrease the required rear yard setback from 30 feet to 17 feet to convert an existing screen room into a
glass room at 1861 Sea Oats 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 ZVAR18-0018, request to decrease
the required rear yard setback from 30 feet to 17 feet to convert an existing screen room into a glass room
at 1861 Sea Oats Drive, 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.