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Board denies lot-coverage variance for America Avenue property

City of Jacksonville Beach Board of Adjustments · August 5, 2026
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Summary

The Jacksonville Beach Board of Adjustments voted 3–2 to deny a requested variance that would have allowed 40% lot coverage and reduced side setbacks for a property at 3525 America Avenue, finding staff evidence that a home could be built within the current 35% limit.

The Jacksonville Beach Board of Adjustments on a 3–2 roll-call vote denied a variance request for a property at 3525 America Avenue that sought 7.5-foot side setbacks in lieu of 10 feet and 40% lot coverage rather than the 35% allowed by the new land development code.

Applicant Oliver Kraut, who supplied aerial photos and property-appraiser record cards, said the lots were platted in 1925 and argued the parcel’s undersized dimensions — about 7,000 square feet versus an RS-1 minimum of 9,000 — create hardship. "These lots were plotted in 1925," he said while explaining his neighborhood analysis and calculations to support 40% coverage. Board members noted the thoroughness of his research but emphasized that prior comparisons relied on earlier codes and that staff had concluded a build within 35% could be possible.

During deliberations, a board member pointed to staff analysis that suggested a home could be designed to meet 35% coverage and said the board is required to grant the minimum necessary relief under section 34‑5‑72 of the Jacksonville Beach land development code. The roll-call recorded Matt Metz No; Karen Daugherty Yes; Gary Hockett No; Victor Malone Yes; Owen Curley No. The motion to approve therefore failed and the variance was disapproved.