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Palatka planning board upholds staff ruling denying homeowner's request to rebuild at 1509 St. John's Avenue
Summary
The Palatka Planning Board voted 4-1 June 2 to affirm the planning director's decision that demolishing and replacing a single-family house at 1509 St. John's Ave. would constitute "new construction" in a C2 commercial zone and is therefore prohibited; the homeowner may appeal to the city commission or pursue alternatives such as mixed-use redevelopment.
The Palatka Planning Board on June 2 affirmed the planning director's administrative decision and denied an appeal seeking permission to replace an existing single-family home at 1509 St. John's Avenue in the C2 commercial zoning district. The motion to affirm was made by board member Chase Barnes and seconded by Andrew Bernett; the motion passed 4-1.
The case turned on whether a reconstruction after storm damage counts as "new construction" under the city's zoning code. Planning Director Lorenzo told the board staff's interpretation: "the residential new residential construction is prohibited in the zoning district where they are located, which is the commercial Z2 zoning district and with a future land use designation of commercial" and that "when they demolish that unit and replace it with a new one... they lose the nonconformity provision." That reading means an existing, vested nonconforming single-family house may remain, but demolition followed by replacement must meet current commercial-zone standards.
Appellant Sarah Meyer, an engineer with Dubberry Engineers representing the homeowner and the state-funded Rebuild Florida program, said the onsite structural assessment found "the foundation and the flooring system was found to be unstable" and that the house was "not suitable for rehabilitation." Meyer argued the work should be considered reconstruction, not new construction: "This is redevelopment. It's a replacement. It's reconstruction of the existing house," she said, and noted the code's nonconforming-use language and a six-month replacement provision.
Homeowner Mildred (identified in the record as the owner) addressed the board in public comment, saying she has lived at the property for years and has "nowhere else to go," asking that the board consider the human impact of denying rebuilding.
Board members framed the hearing as a narrow legal question: did staff correctly interpret and apply the code? Several members emphasized the city's stated intent to retain St. John's Avenue as a commercial corridor, and that previous applications for residential uses or multi-family development on vacant parcels nearby had been denied. After discussion and a brief exchange with Rebuild Florida's construction manager, Justin Collie, the board affirmed staff.
The board and staff discussed next steps and alternatives: an engineering re-check to determine whether part of the existing structure could remain (preserving some vesting) and the possibility of a mixed-use design (commercial ground floor with residential above), which would be allowed in C2. Rebuild Florida representatives said program rules may limit eligibility for mixed-use solutions.
Because the board affirmed the director's decision, the applicant may appeal the board's ruling to the city commission or pursue other options on the property, including a rezoning or redesign that complies with C2 standards.
The planning board closed the item and moved on to other business.
