Good evening. You're attending a session of the city of Jacksonville Beach Board of Adjustments. Board of Adjustment meetings are quasi-judicial in nature. All decisions of the board will be based on competent, substantial evidence, including testimony provided in this meeting.
Any person who's not an applicant or agent that wishes to speak will need to fill out a speaker's card located on the side table by the door and turn them in to the clerk. Each member of the public will be given 3 minutes to speak on each item. Please refrain from speaking from the audience
and applause or cheering will not be allowed. Please silence your cell phones. Could we have a roll call, please? >> Douglas Stone >> Here. >> Owen Curley >> Here. >> Jeff Truluck Matt Mattox >> Here.
>> Carrie Daugherty Gary Hogan >> Here. >> Victor Malone >> Okay. Next on our agenda is approval of minutes. If everyone has reviewed the minutes from the June 16th meeting, is there a motion?
>> I'll make a motion to approve the Board of Adjustment minutes for the meeting held on June 16th, 2026. >> I'll second. >> Okay, it's moved and seconded. All in favor? I. Opposed? Okay, the minutes have been approved. Um there's no correspondence.
>> None. >> There's no old business, so can we call our first piece of new business, please? >> The board calls case number BOA 26-100041. Property address 3509 Ocean Drive. Motion to consider sections 34-611 Echo 1 Charlie 2 for a northerly
northerly side yard setback of 3.5 ft in lieu of 10 ft to allow for an outdoor staircase to a single family home. Okay, um just to remember each member of the public will be given 3 minutes to speak when we open public hearing. Does any board member have any ex parte communication?
>> I've got none. >> I've got none. >> I've got none. >> And I've got none. The applicant, please come forward to be sworn in and give their presentation. >> Please raise your right hand, state your name and address. Oh, can you turn the mic on? Sorry. Can you just tap the uh red button?
Yeah. Thank you. >> Uh Robert Bruce, 3330 Ocean Drive South in Jacksonville Beach. >> Do you swear and affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth, so help you God? >> I do. >> Thank you. >> Uh I'm here uh on behalf of uh Dr. George Telman, who is the property
owner. Um Dr. Telman is a friend of mine. He knew that I was a real estate developer, and I've I've done several hou- houses in our neighborhood. Uh either renovated them or built them. So, he asked for my help in making some improvements to his existing house. It's a house that was
originally built in '96. Several years later, they added on a 24-x-35 ft addition on the east side, one story, to create a larger uh living room and dining uh and kitchen area. And they put a deck on back on the back.
This is a a bit unusual property in that they decided when they built the house to to grade the front yard from 6 in on the street up to about 3 ft. And uh what the retaining wall that they did, which was a wooden wall, it was collapsing. So, the main improvements
that Dr. Telman was asking me to assist on was to grade down that whole area, so it was more in keeping with the neighborhood. And um and also in the backyard, uh they had created a sitting area of concrete and block which was an eyesore and was collecting water. So
that needed to be taken care of as well. And the deck that they built was leaking. So that needed to be fixed. And I made the observation what they when they were building this, why didn't they provide outside access to the deck because you can't see the ocean from the first floor because of the big dunes.
And it would be very nice for guests to have the ability on the outside to get to this deck to see the wonderful ocean views. And so that I'm here tonight to ask that request for a variance of of a 3-ft stairway that would be going up there. And and already there's an
encroachment on that side of a 6.7 ft. So this really only adds about 9 in to that. And it's going to go up about 18 to 19 ft. And it has a 6-ft fence to the north side there. So the only visibility will be for about 6 ft. And the only person that's really going to see it is
the neighbor to the north. >> Okay, thank you. Do any [clears throat] board members have any questions for the applicant? >> No. >> Okay, I will close the public hearing. Sure you can step back. And do we have any speakers cards? >> We do not.
>> Okay. Is there anyone in the audience who has not filled out a speakers card that wishes to speak? Okay, I will now close the public hearing and bring the item back to the board for discussion. Is there a motion? >> I make a motion to approve BLA number
26-100041 based on the substantial competent evidence presented in the staff report and all relevant testimony presented at this hearing and that the motion meets all the standards for variances outlined in section 34-572 of the Jacksonville Beach Land Development Code. >> Is there a second? >> Second.
>> Okay, so moved seconded. Any discussion? >> I think it's a reasonable request um that they can indicate that that there's an existing uh encroachment but uh you know really looking at the the staff notes and what's included in the packet, it's
an undersized lot um and and this is sort of the minimum viable use as staff indicated it it's a reasonable uh use to make sure that there's a a secondary ingress or egress from the second floor. Uh so this would also improve the safety
of of the property. >> Uh my only my only suggestion is maybe we should amend the motion to make it um contingent upon the staircase that's contained in the plans
so that they both get a uh their northerly yard setback is not 3 ft 3.5 ft all the way across for future uh in case they have to rebuild the house. Thoughts? >> Yeah, that makes sense. Thanks, Art.
>> Okay, well I can't make it >> Uh I make a motion to amend the previous motion to uh attach the approval of the of the setback to the proposed staircase.
>> I second. Okay, it's moved and seconded. Any discussion on the amendment? Okay. Do we have a roll call vote on the amendment, please? >> Douglas Stone? >> Yes. >> Matt Matts? >> Yes. >> Kathleen Doughty?
>> Yes. Gary Hackett? >> Yes. >> Owen Curley? >> Yes. >> Okay, uh the motion has now been amended. Uh any discussion on the motion that's now been amended? Okay, can we have a roll call vote, please, on the amended motion? >> Douglas Dahl?
>> Yes. >> Matt McEachern? >> Yes. >> Karen Daughtry? >> Yes. >> Gary Hogan? >> Yes. >> Owen Carle? >> Yes. Uh your request for a variance has been granted as amended. We call the next case, please. This is
>> Four calls, case number BOA 26-100042. Uh property address 529 North 10th Avenue. Motion to consider section 34-611 Echo 1 Charlie 3 for a rear yard setback of 27.7 ft in lieu of 30 ft for construction of a single-family home
located at property previously noted. >> Uh as a reminder, each member of the public will be given 3 minutes to speak when we open the public hearing. Does any board member have any ex parte communication? I've had none. >> I've had none. >> I've had none. >> And I've had none. Will the applicant
please come forward uh to be sworn in? >> Please raise your right hand, state your name and address. >> Ryan Weatherhold, 19 12th Street South, Jacksonville Beach. >> Do you swear or affirm that the testimony you're about to give in this
matter is the truth, the whole truth, and nothing but the truth, so help you God? >> Yes. >> Thank you. >> Go ahead, sir. >> Um pretty typical ask here. Staff report really outlines what we're doing very accurately.
Um got an undersized lot. Somehow it's RS1. Um This house This same house has been built three doors down and two blocks down. Um It fits as good as we can make it fit.
You know, we're just over the back by a hair. And 12 ft width just to make the dining room a typical size, nothing big, but not too small, just very average size home. Um
So, it's just that one little bump out that got us here. And then we're rectifying, you know, the existing home is over a lot coverage. It's way over on the rear. Uh it's kind of all over the place. It would It had a detached structure that was then
connected to the existing home. Um and then a detached patio, another shed, um couple AC pads, a driveway. So, uh a lot going on with what's there currently. Um So, this would
get it almost to conforming minus this little tiny bit in the back, you know, we're we're asking for a little bit of help on. >> Okay, thank you. >> I don't >> Have you uh spoken to your neighbors? >> I have. >> And what was their reaction?
>> Uh to take down some trees, >> [laughter] >> um which until I get a building permit, I can't get any tree approval. So, I did try to help with that. I guess the trees just have a lot of litter and seeds and this
and that, but um nothing I can do until I get a building permit as far as helping anyone with tree work. But, um neighbors seem to be well, very much in favor of it from what I know. >> Okay. Uh do any board members have questions for
the applicant? Okay, sir, you can step back, please. I will now open the public hearing. Do we have any speaker cards? If not, Okay, is there anyone in the audience who has not filled out a speaker's card that wishes to speak? Okay, seeing none, I I now close the
public hearing and bring the item back to the board for discussion. Is there a motion? >> I make a motion to approve BOA number 26-100042 based on the substantial confident evidence presented in the staff report and all the relevant testimony presented at this hearing and that the motion meets all the standards for variances as
outlined in section 34-572 of the Jacksonville Beach Land Development Code. >> Okay, so so moved. Is there a second? >> I second. >> Okay, so moved and seconded. Any discussion? >> It's a very minimal request, couple of feet off the back as outlined in the
packet. Undersized lot and undersized in width as well. I think this is a reasonable request to make. Minimal use of the property. Single family home in a single family zone.
>> I like the fact that they're correcting nonconformities that currently exist and that there's not a request for increased lot coverage. Any other comments? >> I agree. >> Okay.
Can we have a Can we have a vote, please? >> Matt Mets. >> Yes. >> Karen Durden. >> Yes. >> Douglas Dell. >> Yes. >> Gary Hackworth. >> Yes. >> Ellen Curry. >> Yes. >> Your request for variance has been approved.
Okay, can we call the last >> Thank you. >> The board calls case number BOA 26-100043, property address 27 South 32nd Avenue, motion to consider section 34-611 echo one Charlie three for a rear yard setback of 15 feet to move 30 feet for
construction of a single family home. >> Okay, as a reminder each member of the public will be given three minutes to speak when we open the public hearing. Does any board member have any ex parte communication? >> I've had none. >> I've had none. >> I've had none. And I've had none. Would the uh
Would the applicant, please come forward to be sworn in and give their presentation. >> Please raise your right hand, state your name and address. >> Stephanie Galliher with Star Sans for Design, 370 4th Avenue South, Jacksonville Beach, 32250. Do you swear or affirm that the testimony you're
about to give in this matter is the truth, the whole truth, and nothing but the truth, so help you God? >> Yes. Yes. Thank you. Thank you. Um this project was before y'all a few months ago back in May, so thank you for having us back. Um we got a lot of really good input back
then from the board and some of the neighbors. Um I think our original request um was for a 10-ft rear yard setback, and I think what we heard from the board was um you know, there was some justification for a variance, but it needed to be more
proportional. Um so we went back, we worked with the city, talked to some more of the neighbors, um went through and met with a lot of neighbors after the last meeting, and kind of talked through some things and clarified some things. So this is just a picture of the house that was there um
that was demolished. It's a vacant site now, but just kind of gives you an idea. Um I think we mentioned at the last meeting this new house will be brought up to current um design codes, and it's main floor um the ground floor is
non-habitable space, and that's required because it's within the CCCL, um and it has to be permitted by DDP, so that ground floor is when we say raising it up, it's not really what you're doing, you're raising the habitable space. So everyone's ground floor um has to be designed to flood and break away, so
that kind of forces your habitable space up to that um first level and second level. I think we had this image in the the last report just kind of gives you an overview of the block. Um, as I mentioned before, almost all the houses
on that block have had multiple variances in the past. Um, this house, the rear yard is where the request is for and we've amended that from 10 ft to 15 ft with our subsequent application.
Um, again, the the lot is about 7,800 sq ft. It's 80 ft wide. It's 90 ft at the top and 100 at the bottom, so an average of 90 ft 95 ft um in depth, so it's missing about 15 ft in
length um and it's deficient about 1,200 sq ft in area. These are just some pictures of the surrounding houses. If you've been out there, I know you're familiar with this section. Um, since all those lots are smaller, a lot of the houses have received
variances. Most of the houses are about The house to the north of us, which is a newer house, is um the top floor is 6 ft back. That's their set back and then the ground floor is 13 ft. So, our request, again, um the front
we're working with staff to just kind of meet the prevailing setbacks. They do have the ability to administratively approve what's um you know, already existing. We meet the side yard on the north side, which I think there was some confusion from the neighbors. They were thinking that's what we were getting the variance for,
but we actually meet the north side yard set back of 10 ft. We meet the um street side yard set back of 16 ft. So, we're really just asking in that rear yard uh requesting to have a 15-ft set back. Again, we're missing 15 ft and
we're asking for a 15-ft reduction, so we felt like this was more proportional. We did meet with staff and they were supportive of that request. Um, so again, we meet the conditions with a smaller lot size, the trapezoidal shape, it's not self-imposed.
Um, there've been other similar variances granted. And again, we'll be bringing it up to to modern codes. And just additional considerations, um, it is creating a better design with reduced massing. We increase the
setbacks on the upper stories. So, you really kind of have an average setback. Um, in the rear of 20 ft if you average the setbacks. And we included several letters of support from neighbors. We talked to some more of the neighbors. I did reach out to the neighbors that had
opposed the project um, last time. I sent them a letter and we haven't heard from them, so um, kind of assuming maybe, um, we've addressed some of their concerns. So, this is the design that we're proposing. Again, um, meet the side
yard, meet the street side yard. It's that rear setback that we're requesting the variance from. So, you can see on that ground floor and first floor habitable space, it would be 15 ft in the rear yard, but then that second floor is recessed more in the rear. It's
set 25 ft back, and you can actually see um, that proposed rear elevation on the street side, on 32nd Avenue, we meet the the street setback of 16 ft, but that top floor is set back almost 40 ft. So, that was really in working with
the neighbor to the west of us, Chuck Horne, his preference was you know, to uh, he was supportive of the variance if that helped us break down that top story and kind of improve the view there. So, that's our proposed elevation. Um, we just included example of,
you know, what a boxy structure looks like. Those are the things we don't want to see in Jacksonville Beach, and the architects have worked really hard with the owners, um, to create something that's broken down in massing and and appropriate for this area. so.
Be happy to answer any questions. I don't know that anyone is here to speak um except our team, so. >> Does uh any board member have any questions for the applicants? >> Yeah, um it says the previous request was for a
front yard setback of 20 ft and now it's 25 ft. And I think in your presentation you mentioned something about working with the staff and having sort of an administrative approval. I see there's nothing requested for the front yard. Just want to see if you could state that again so that I'm clear on what's going on with the setback.
>> is something in the code um and Nance may be able to speak to it that I don't know if it's new if it was in the recent code update that allows staff to administratively approve your front yard setback in line with your neighbor's setback. So, it's called a prevailing setback. So, in talking to staff they
felt like um especially if you look at that house to the north um this one. Sorry, keep missing that. If you see the house to the north, it was built in 2018. It's balcony is only
about 6 ft and then um down at the southern end it's 20 ft. So, that's a result of these houses being on those trapezoidal lots where they're slanted in the front. So, in working with staff they had said that they could administratively approve just adjusting
that front setback to really match that house that's adjacent to it. So, they were only requesting the rear yard variance. >> So, the the front yard setback on this property is is going to be the 13 four
on the northerly side and then the 24 on the southerly side. >> Yeah, and that was we had averaged the setbacks. We had worked with staff to add those up. And that was the average setback on that block. So, if you look at our
house on that one drawing um the the southern portion of that corner is going to be about 20 ft. And then that cantilevered balcony would be 13 ft. And that's actually more than the house to the north. Um, the net house to
the north, their cantilevered balcony is 5 8. And the house is 13. At that corner, a little farther down, I think it's 15 to 20 ft. So, it was really just bringing that front in line with that house. >> And that balcony, I'm looking at the images provided and I know they're
you know, sketches, so that's why I'm asking that the follow-up here. Um, is there where that balcony is, something on the first floor that's going to be storage underneath it or is that open space beneath that that balcony? Is that balcony kind of hanging out on from the second story?
>> So, the that second image up there in the on the top, the non-habitable storage space, that is the 32nd Avenue facing side and that is a I mean, it's we call it a pedestrian storage. It's going to be for beach stuff and all of
that. The front facade, um, that is actually a garage that would be under that balcony. >> Okay. Thank you. Any other questions for the applicant? Uh, you can step back, ma'am. >> Thank you. >> Um, I will now open the public hearing. Do
we have any speakers cards? >> We do not have any speakers cards, but we do have some letters sent in from the applicant. >> Oh, board package. >> Board package. We don't have to read this. >> Uh, is there anyone in the audience who has not yet filled out a speakers card that wishes to speak? Sir, did you fill
out a speakers card? >> I actually did, yes. >> Oh, thank you. Okay, go ahead. You can be sworn in. >> Please raise your right hand, state your name and address. >> Steve DeAngelo, 111 Drive, Suite 1200, Jacksonville, 32202. >> Do you Do you or affirm that the testimony you're about to give in this
matter is the truth, the whole truth, and nothing but the truth, so help you God? >> Yes, ma'am. Uh my name is Steve DeBinion. With with us today, I'm actually an attorney and I represent Mary Margaret Peter Bor- Borbeau, who are the property owners.
And they're with us here this evening as well if there are any questions or concerns. Stephanie did a great job outlining the facts. I know you all remember the hearing um from the last time around. Julie Sanford is here as well. Um she's the architect of record on this project. And as Stephanie
explained, it's a it's a brand new application. Um the changes that were made were made after feedback not only from this board, but also from conversations with the neighbors. I think the fact that the neighbors aren't here is pretty telling that that the architectural team got a lot of it right
on the conversations after the meeting and and since the meeting. Um and the block itself, as well as this lot, is exactly why the variance process was put into the code. I know that there was a perception after the code was rewritten that
um and there is great difference given to the code because it a lot of work went into rewriting it. But um in every jurisdiction uh where it's appropriate, there's a variance process that's put it that's put in place because you can't get every single thing right for every single lot.
And so the process that was put in place here, the variance process, carried forward from the old code. And um as the staff notes in this application, this application meets uh the requirements of the of the variance,
which is as as you said uh Chairman in your opening statement, you make your decisions on this board based on competent substantial evidence. The application, the staff report itself, those are competent substantial evidence supporting the application. And um as a result, we would ask you to
approve it um the way it's been proposed based on the hard work that the architectural and the design team has has has uh completed and what they've done and we're available to answer any questions. We sure appreciate your time this evening. >> Thank you. Okay, >> [clears throat]
>> Is there anyone else in the audience who Yep. Have you filled out a speaker's card? >> Can I fill out my speaker's card? >> Yeah, absolutely, sir. >> Great. Should I do it now or >> Yeah, go go ahead. >> Go and speak. >> Okay. No speaker's cards here. >> That's right, sir. You have to state your name and address.
>> Michael Sherer, 370 uh 4000 South, Trucksville. >> Do you swear and affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth, so help you God? >> I do. >> Thank you. >> Good, sir. >> Thanks for having me up here, guys. I appreciate it. It's good to see you again.
Uh Matt, you had asked Anthony a question earlier that I wanted to address. The balcony is just a cantilever balcony. Below that inset is a garage door. So, beyond that, there's nothing that encroaches
a lot like the house on the north. >> Okay. >> Okay. Well, does anybody have any other questions that I can answer? >> I don't think so. >> Okay, thank you very much. Appreciate it. Thank you. Okay. Is there one anyone else in the audience that has not yet filled out a speaker's
card that wishes to speak or has filled out a speaker's card and still wishes to speak? No? Okay. Uh I will now close the public hearing and bring the item back to the board for discussion. Is there a motion? >> I make a motion to approve BOA number
26-100043 based on the substantial competent evidence presented in the staff report and all relevant testimony presented at this hearing and that the motion meets all the standards for variances as outlined in section 34-572 of the Jacksonville Beach Land Development Code. >> Second.
>> Okay, it's moved and seconded. Any discussion? Well, actually, before we start discussion, I have a couple questions for the staff. Um uh the applicant referred to um prevailing setbacks. >> Mhm. >> They can be administratively >> Yeah, administratively approved by
either um the director [clears throat] or the city manager, which is pretty much saying that um if all the lines are uniform that one block or the houses are uniform within the block, um they're able to approve something so they don't have to um go through this process. >> Is that in the LDC? >> Mhm. >> Do you know what the
number is? >> Yeah, it's somewhere Um section 34-604. >> 34-604? >> Yeah, I think it's 604. >> I know we have the whole LDC in there. >> Yeah. You can use the minute code if you have
it in your hand. >> Oh, yeah, I'm sure it's in there. It's there. Perfect. >> Okay. Second question I have for you guys. This is a successive applicant, right? >> Mhm. >> Okay, and then uh under
um section uh 3 uh 34-506 A 1 it says for the purpose of this section an applicant shall be considered materially different if it involves a change in land use. Okay, so we don't
have that. Decrease in density or intensity, we don't have that. Or the applicant expressly satisfies the deficiencies that were outlined or identified in the prior denial. So, in the staff recommendation from the last time they were here
was for a uh earlier or uh earlier >> Yeah, I I believe we recommended 13 last time. >> Uh it's 20. >> 20? >> Uh Yeah, so there was a uh rear yard setback of 20 in lieu of
10, and now they've come back for 15. Uh I'm sorry. The staff recommendation was 20 in lieu of 30. They've come back with 15 in lieu of 30. Um could you help us >> Um they also before they also were
asking for um other setbacks as um the front and they're asking for lot coverage. Um they came back they um got rid of lot coverage and were able to find a way for them to meet the front setback with administrative variance. >> Okay, great. All right. So, you guys are are good with this now.
>> Yes, sir. >> Right, okay. Perfect. Thanks. All right, uh >> [clears throat] >> I still I still think that we have a uh substandard lot um undersized lot with a um odd shape
it's on a corner and uh I still support this variance. Anyone else? >> Yeah, I would highlight uh in the packet available to the public there are three letters from surrounding property owners all in the support of what's being
requested being approved here. Um so the the community that has has spoken uh was also in favor. Um I think that that covers it. We've got a lot that uh is undersized in width and in length and
in overall size and is oblong in shape putting constraints on the applicant's ability to put a property within the standard dimensions. Um they worked diligently with staff to address concerns and make sure it meets the needs of the community and and is as close to in line with the code as it can
be given the constraints. Okay, anybody else have any uh comments? >> I I just think it's appreciated that they um listened to us for the last meeting. They worked with staff and then they also talked to neighbors, so I'm good. >> Okay. All right. Um any other comments?
Okay, can we have a uh roll call vote, please? >> Matt Mentz >> Yes. >> Karen Daughtry >> Yes. >> Douglas Stell >> Yes. >> Gary Hackett >> Yes. >> Owen Currently >> Yes. >> Your request for variance has been approved.
Okay, uh next on our list is the planning department report. >> Um our next cousin meeting will be in July 21st and we have two items. >> Did we get a final >> thing for the training you know, I guess. >> Still waiting. >> Sometime this month. Those um I think
that's um David just got out of his vacation. So >> So it's not going to be the 18th. >> Oh, is that the memory section? >> Uh well, yeah, the uh the the the agenda says training code of ethics training set for August 18th. You You want to
confirm that? >> Then yeah, I'll confirm that. >> Christian didn't say yes to that date. >> Yeah. >> I was I was Yeah, I was on a wait because when you sent this out, I wasn't here. >> Okay. All right, fair enough. All right. So, uh so, the 18th is our ethics training. Perfect. Okay.
And now, my favorite, uh courtesy of the floor to visitors. Anyone? No? Nothing? Okay. Is there a motion to adjourn? >> I so move. >> A second. >> All in favor?