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Historic District Council (HDC) Variance Application

2. HISTORIC DISTRICT COUNCIL (HDC) VARIANCE APPLICATION
   USE THIS FORM TO Apply for a variance from requirements in the Land Development Code (LDC). Variances are demonstrations of hardship as to why a project cannot meet the requirements.
4. Fees

   Once application is submitted it will be reviewed for completeness. Once verified complete, an invoice will be emailed to the applicant.

   1. Residential $850
   2. Non-Residential/ Multi-Family/ 2 or more Residential Units/ Mixed Use $2,500
6. IMPORTANT NOTES
8. Application Requirements

   1. A complete application filed at least thirty (45) days before the date of the Board of Adjustment’s public hearing;
   2. A current signed, sealed, scaled survey of the property (no older than two years from date of application);
   3. Proof of ownership (copy of deed or tax statement)
   4. If applying as an agent, Owner’s Authorization for Agent Representation form needs to be signed/ notarized and included in application;
   5. A detailed letter stating the reasons for the request
   6. Materials as needed to illustrate the nature of the request, including but not limited to, site plans, architectural drawings, photographs, etc. (Any site plans or drawings must be dimensioned and to
10. Pre-Application Meeting
    To guide you through the process and ensure that your application is understood and properly processed, you’ll need to meet with the applicable planner prior to submitting your application. Completed Board applications are due approximately 45 days prior to the meeting date. Cases in the historic districts or Community Redevelopment Area are heard by the Historic District Council, please use the HDC Variance Application. Cases in all other areas of the City are heard by the Board of Adjustment.
12. Appeals
    An applicant aggrieved by any decision of the HDC may appeal to the City Commission, with the exception of variances, which may be appealed to a court of record as outlined in LDC Section 10.02.04(D). The petition shall be presented to the City Commission within thirty (30) days after the decision of the HDC; otherwise the decision of the HDC will be final.
14. Please see the Land Development Code (LDC) for detailed information:

    1. Procedures for Variances – see LDC Section 10.02.04.
16. The LDC is available for review at
    http://www.fbfl.us/LDC
18. Limitations on the Grant of a Variance

    The following limitations on the grant of a variance apply:

    1. 1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which the property subject to the variance is located.
    2. 2. A variance shall not be granted which authorizes any use or standard that is prohibited by the City’s Comprehensive Plan.
    3. 3. No nonconforming use of adjacent lands, structures, or buildings in the same zoning district, and no permitted use of land, structures, or buildings in other zoning districts, shall be considered g
    4. 4. A variance shall not change the requirements for concurrency.
    5. 5. A variance shall not be granted to permit the use of a single media peonia for the construction of a dwelling unit.
    6. 6. A variance shall not be granted if the evidence submitted by an applicant is solely a demonstration of financial hardship or economic considerations.
    7. 7. A variance shall not be granted for procedure or process components of this Land Development Code.
    8. 8. A variance shall not be granted to deviate from LDC section 4.02.02 to combine two (2) or more lots which would result in a lot width greater than 100 feet for lots or parcels that abut Ocean Avenu
    9. 9. A variance will not be granted which authorizes the filling of wetlands prohibited by Land Development Code Section 3.03.03(A)
    10. 10. No variance shall be granted to exceed the maximum building height of 35 feet for a building on any lot within 800 feet of the mean highwater line of the Atlantic Ocean under LDC Section 4.02.03(D
    11. 11. A variance shall not be granted for any residential or residential mixed-use structure to exceed the maximum building height requirements contained in Table 4.02.03(E).
    12. 12. A variance shall not be granted to exceed the minimum side yard setbacks listed in Table 4.02.03(E) for any building within 800 feet of the mean high-water mark of the Atlantic Ocean.
20. PROPERTY INFORMATION
    Property information can be found at the Nassau County Property Appraiser’s Website → Map Search
22. Historic District*
    -- Select One --DowntownOld TownWaterfront Community Redevelopment Area (CRA)
24. Site Address*
26. City*
27. State*
28. Zip*
30. Parcel ID#(s)*
32. Zoning District*
    -- Select One --C-1C-2C-3ConservationGC/C-2 w/PUDI-2IAIWMU-1MU-8OT-1OT-2PI-1R-1R-1GR-2R-2 w/PUDR-3 w/PUDRERECW-1
33. Future Land Use Designation*
    -- Select One --8th St Mixed UseCentral Business DistrictConservationGeneral CommercialHigh Density ResidentialIndustrialIndustrial WaterfrontLow Density ResidentialMedium Density ResidentialMixed UsePublic & InstitutionalPublic & Semi PublicRecreationWaterfront Mixed Use
35. OWNER OF RECORD
    As recorded with the Nassau County Property Appraiser
37. First Name*
38. Last Name*
40. Company (if applicable)
42. Mailing Address*
44. City*
45. State*
46. Zip*
48. Telephone Number*
49. E-mail Address*
51. OWNER'S AGENT
    If other than owner. If an agent will be representing the owner, an Owner’s Authorization For Agent Representation form must be included.
53. First Name
54. Last Name
56. Company (if applicable)
58. Mailing Address
60. City
61. State
62. Zip
64. Telephone Number
65. E-mail Address
67. PROJECT INFORMATION
69. Variance requested from LDC section(s):*
71. Summary of Request (more detailed information to be provided in required letter of intent)*
73. REQUIRED FINDINGS FOR A GRANT OF A VARIANCE
    In order for an application for a variance to be approved or approved with conditions, the HDC must make a positive finding with regard to each of the provisions below. The applicant has the burden of proof of demonstrating that the application for a variance complies with each of the requirements. Please explain in detail how your case meets the following requirements:
75. 1. Special Conditions: Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Special conditions or circumstances do not result from actions of the applicant and are not based on a desire to reduce development costs.*
    Applicant Response
77. 2. Special Privilege: Granting the variance does not confer upon the applicant a special privilege that is denied by the Land Development Code to other lands, structures, or buildings in the same zoning district.*
    Applicant Response
79. 3. Literal Interpretation: Literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.*
    Applicant Response
81. 4. Minimum Variance: The variance requested is the minimum variance needed that will make possible the reasonable use of the land, structure, or building.*
    Applicant Response
83. 5. General Harmony: Granting the variance will be in harmony with the general intent and purpose of the Land Development Code and Comprehensive Plan.*
    Applicant Response
85. 6. Public Interest: Granting the variance is compatible with surrounding properties, will not cause injury to the area involved, or otherwise be detrimental to the public health, safety, welfare or environment.*
    Applicant Response
87. ADDITIONAL CRITERIA FOR FINDING FOR A VARIANCE IN THE HISTORIC DISTRICT OR COMMUNITY REDEVELOPMENT AREA
89. In acting on variance requests in the Historic District Overlays or the Community Redevelopment Area Overlay, the Historic District Council may be guided by the following in addition to the criteria in LDC Section 10.02.02(A): That a variance is necessary to maintain the historic character of property through demonstrating that:
91. 1. A variance would not be contrary to the public interest, safety, or welfare.
93. 2. Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places.
95. 3. Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site.
97. 4. The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district.
99. 5. In the case of the alteration of an existing building, the proposed design would incorporate materials, details, or other elements not permitted by the Land Development Code but which can be documented by photographs, architectural or archaeological research or other suitable evidence to have been used on other buildings of a similar vintage and style in the Historic District in which the building is located, provided that the project will not destroy significant architectural features on the building.
101. 6. In the case of new construction, the proposed design incorporates materials, details, setbacks, massing or other elements that are not permitted by the Land Development Code but which would enhance the quality of the design for the new building or structure, provided that said new building or structure otherwise complies with the criteria for new construction in the Historic District in which the building or structure is proposed to be located and provided further that it would also have a beneficial effect on the historic character of the visually related area.
103. Or, as an alternative, that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that:
105. 1. A variance would not be contrary to the public interest, safety, or welfare.
107. 2. The variance would not significantly diminish the historic character of the Historic District or Site.
109. 3. That the variance requested is the minimum necessary to affect the adaptive reuse of an existing structure or site.
111. 4. The proposed design would incorporate materials, details, or other elements not permitted by the Land Development Code but which can be documented by photographs, architectural or archaeological research or other suitable evidence to have been used on other buildings of a similar vintage and style in the Historic District in which the building is located, provided that the project will not destroy significant architectural features on the building.
113. Certification*

     1. By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of the application.
     2. I acknowledge that I understand and have complied with all of the submittal requirements and procedures.
115. Applicant's First Name*
116. Applicant's Last Name*
118. Today's Date*
     Today's Date
119. 
121. DEPARTMENT OF PLANNING & CONSERVATION
     204 Ash Street | Fernandina Beach, Florida 32034 | 904 310-3480 | www.fbfl.us/planning
123. Upload Supplemental Materials
124. Upload 2
125. Upload 3
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129. 1. Receive an email copy of this form.
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