Planning board denies variance for accessory structure at 50 Florida Ave

The St. Augustine Planning and Zoning Board on a unanimous vote denied a variance request that would have reduced the side and rear setbacks at 50 Florida Avenue to permit conversion of an existing structure into residential use.

Staff described the request as a reduction from 10 feet to 6.2 feet on both the side and rear property lines to allow the change of use from a nonresidential accessory structure to a residential accessory structure. Jeff Zap, the applicant, was sworn and told the board the building “evolved” from a shed into a guest cottage and that he had stamped plans ready to submit but had not obtained a building permit before construction. "It's it's complete," Zap said during questioning, and later acknowledged, "yes, I should have pulled a permit."

Board members said the application failed to meet the required variance criteria because the situation was created by the owner and because the project could have been placed to conform with setbacks. Member Charles Pappas noted the structure could have been located legally and said the board saw "no hardship" warranting an exception. Carl Blow moved to deny the variance; the motion was seconded and carried on a roll call vote with all members voting yes.

The denial means Zap must either alter the structure to meet setback requirements, seek an alternative lawful use permitted on the property, or, if appropriate, reapply with new justification. Staff reminded the applicant that building permits and other approvals remain required for any future work.

Speakers quoted or relied on in this article: Jeff Zap (applicant); Carl Blow (board member); Charles Pappas (board member); staff (planning).