Board of Adjustments defers variance request for 133 North Seventh Avenue after parking dispute

The Jacksonville Beach Board of Adjustments on June 17, 2025, postponed consideration of case BOA25-100034, a request to retain existing nonconforming setbacks, add decks and a staircase, and resolve parking for a two-unit building at 133 North Seventh Avenue.

Applicant Anthony Martinez told the board he purchased an older two-unit building and is seeking multiple variances so the building footprint, decks and setbacks can remain “the same in all directions.” Martinez said he intends to locate parking on a public easement to the south of the property to provide the four spaces the city’s standard requires for a two-unit dwelling.

The request asked the board to allow corner-yard, front-yard, side-yard and rear-yard setbacks and a parking variance; Martinez’s application listed 0 on-site parking but describes adding spaces in the public right-of-way in front of the building. Board members and staff said they could not assume exclusive residential use of public parking and raised concerns about whether public works would approve dedicated use of those easement spaces. The board and staff also discussed whether converting or removing an existing small garage could create additional off-street spaces.

The most contested issue was parking. City code requires two off-street spaces per dwelling unit for a two-unit property (four spaces total). Martinez said a previous structure and the building’s layout limit the ability to create four standard spaces on the lot; the existing garage area is shallow and was used historically for storage and a workshop. He told the board he had considered restoring or reconfiguring the garage but said, “I would like to enclose it” and raise its elevation to address flooding concerns; he also said the 2018 FEMA flood map places part of the property in the floodplain.

Staff had recommended either restoring the garage as an off-street parking area or removing it to create additional off-street spaces. Board members noted that parking in a public easement generally remains public and is not exclusive to a private residence; staff reiterated that public works controls the right-of-way and would need to approve any formal dedication or change in use.

Board members and staff also discussed a proposed secondary staircase and its effect on the rear-yard setback. The applicant confirmed that if the fire code requires a second egress stair, that would alter measurements and the rear-yard variance calculation; otherwise the project would keep a single existing staircase relocated into an expanded south deck.

Rather than vote on the variances, the applicant asked for and the board agreed to a deferral so he could meet with planning staff (including Christian, a planning department staff member mentioned in the meeting) and public works to explore options for meeting the parking requirement or securing confirmation on the right-of-way use. The board scheduled the matter for the next Board of Adjustments meeting on July 15, 2025.

What the board did not do: it took no final vote to grant any of the requested variances. The record shows discussion and options but no formal approval, denial or conditional motion. The applicant was advised to return with clarified parking solutions or revised plans for the board’s consideration.