Board denies developer—s request for multiple variances at Ocean Drive lot after neighbors cite flooding and safety concerns

The Jacksonville Beach Board of Adjustments denied a series of variances requested for property fronting Ocean Drive after extended public comment and board questioning about minimum relief and neighborhood impacts. The board voted to deny BOA-24-100087, which sought reductions in front- and rear-yard setbacks and a 50% lot-coverage allowance for the lot identified as "Lot A" at 2730 Second Avenue South.

Applicant Greg Barnett, identifying his address as 1280 Plantation Oaks Drive, asked the board for a front-yard setback of 20 feet in lieu of 25, a rear-yard setback of 20 feet instead of 30, and lot coverage of 50% instead of the 35% maximum. "We are asking for a variance for 50% lot coverage based upon the substandard lot and the irregularity of the lot," Barnett said, adding the parcel is an irregular combination of lots and that the owner wants to keep density to two houses.

Residents pressed the board on drainage, flooding and neighborhood character. Charles Horn of 3115 First Street South presented aerial plots and neighborhood photos and said there are no 50-foot-wide lots nearby; he warned that the proposed build would bring houses close together and alter street character. Simon Rhodes, who said he lives at 2830 First Avenue South, said the expanded coverage "feels like a bait and switch" because public notices had shown smaller coverage percentages; he also asked whether the builder or city would install additional street drains to address known flooding at the Ocean Drive intersections. Kathleen Lewis of 2430 First Avenue South said the lot is "a perfect rectangle" and "not nonconforming," argued the 50% coverage would remove permeability and asked the board to vote no or at least postpone until the city—s updated land development code is adopted. Ralph Badanowski of 3201 Ocean Drive South said the 30 Second Avenue intersection floods in light rain and raised safety concerns for the heavily used beach access.

Barnett and his team responded to drainage concerns by describing options the design team is considering: retaining walls and terracing to raise yard grades, or building the structure on piles. Barnett said the parcel—s surveyed lot area is 7,714 square feet (below the standard 10,000-square-foot lot in that zoning) and that state permitting requires a wave-crest elevation that will place the lowest horizontal structural member at about 15.1 feet above grade, above Ocean Drive—s elevation of roughly 9 feet. He said the design was still in development and that the client had instructed him to request the larger variance so design options would remain open.

Board members repeatedly cited criterion 5 of section 34-2-86 (the "minimum variance" test). One member summarized that the applicant—s stated client preference does not substitute for an objective demonstration of the minimum relief necessary for reasonable use. After discussion and public testimony, the board took a roll-call vote: Jennifer Williams, no; Matt Metz, no; John Moreland, no; Douglas Dell, no; Owen Curley, no. The chair announced the request denied.

The denial applies to BOA-24-100087. The planning department reported the land development code update would hold a workshop on Feb. 20 with a subsequent first reading on March 3; some speakers had urged the board to wait for that revised code before granting larger coverage variances.