Jacksonville Beach Board of Adjustment approves setback variance for 20230 Third Avenue South

The Jacksonville Beach Board of Adjustment approved BOA 24-1000073, clarifying a previously granted variance and authorizing a zero-foot easterly setback for a patio slab at 20230 Third Avenue South while confirming a five-foot easterly setback for the primary structure.

The variance hearing centered on a scrivener’s error in the written approval from an earlier meeting and a request to confirm that permeable pavers and a fence could extend to the property edge where Public Works had separately approved a revocable encroachment permit. Maria Dorian, the applicant and homeowner at 20230 Third Avenue South, said the developer followed the board’s earlier direction to move the proposed dwelling five feet east and then sought confirmation because the move placed pavers and a fence partly on city property. “So we followed up with public works like Ted said, and that's when they approved the 4 and a half feet,” Dorian said during the hearing.

The board’s discussion noted that the primary structure’s setbacks had been addressed in the prior approval and that the current application focused on the patio slab and the encroaching permeable pavers. The application materials identify the surface as permeable pavers and the applicant told the board the permeable surface had been included in previous site impervious-coverage calculations.

Neighbors offered input before the vote. Steve Williams, speaking on behalf of Tony and Diane Hunter, said the neighbors support the amended setback and asked the board to ensure the ten-foot separation on the west side remains intact. “They're fine with that because I will keep the 10 foot on the west hand side,” Williams said. The board also read into the record an email from Diane and Anthony Hunter expressing concern that any reduction could affect privacy and increase noise, though Williams told the board the neighbors were satisfied with the current configuration so long as the approved 10-foot separation on the west side is maintained.

Board members moved to approve the variance, with the motion stating the application “meets all the criteria as outlined in section 34-20 or 286” as read on the record. The roll-call vote recorded affirmative votes from John Moreland, Jennifer Williams, Matt Metz, Douglas Dell and Jeff Trelard; the motion carried.

City staff and speakers clarified implementation details on the record: Public Works had approved a revocable permit for a fence and pavers extending roughly 4.5 feet onto city property; the permit places responsibility on the property owner to remove and replace the pavers or fence if city work requires; and an as-built survey will be required after construction to confirm compliance with the variance. The board’s approval therefore functions as a clarification of the previously approved setbacks and authorization for the patio slab/pavers configuration shown in the updated application materials.

The board closed the item and moved on to non-substantive business. Members also discussed upcoming training on draft bylaws and procedural changes scheduled for April; the board indicated its next possible meeting dates would be no earlier than May 20 and possibly as late as June 3 for formal hearings.