After lengthy debate on how height is measured in coastal zones, board grants variance for American Beach lot

AMELIA ISLAND — The board granted variance V2025‑004 to allow an increase in maximum single‑family building height from 35 feet to 40 feet for Lot 27 on Gregg Street in American Beach after extended technical testimony and discussion about how Nassau County measures building height in coastal high‑hazard zones.

Adam Olsen of the planning department summarized the variance request and recommended denial, concluding the application did not satisfy most variance criteria because a 35‑foot home could be built under current code. Staff noted cross sections showing a roof elevation of 48 feet without the variance and 53 feet with the variance and identified natural grade and garage slab elevations used in county calculations.

Dennis Adams, an engineer for the applicant, testified that a change in the county’s land‑development code that treats “grade” on Amelia Island as "natural grade" has the unintended effect of excluding base flood elevations from the building‑height measurement in high‑hazard zones, making it difficult for owners in low‑lying lots to build homes comparable to neighbors. “It is written in a nonsensical way frankly,” Adams said, urging the board to consider the practical impacts on multiple lots.

Applicant Tom Miller said the site sits in a low area surrounded by higher road grade and that building without a variance would produce a house notably shorter than neighboring homes. He said he had discussed the site with county staff during purchase and believed he could build a comparable house. Miller told the board he had consulted Florida DEP and cited a site‑specific hundred‑year flood elevation in the upper teens (about 17 feet) that affects the first habitable floor.

Board members pressed staff and witnesses on whether DEP, FEMA or county CRS/Floodplain regulations set the reference elevation and whether the county’s local code was in conflict with state requirements. Staff said the Amelia Island specific definition (natural grade used as the reference plane) is in the county code and not illegal, but acknowledged it has produced practical challenges and that DEP/FEMA mapping and site‑specific determinations intersect with county review.

After deliberation and a voice vote sequence that included procedural confusion and roll‑call clarification, the board concluded that denial of the motion to deny would result in granting the variance; the chair confirmed with counsel that by denying the motion to deny, the variance would be granted. The board’s final recorded outcome was to grant the variance request (procedural language in the record indicates the vote result and a clarification by counsel that denial of the denial equates to granting the variance).