03-21-22 Attachment AAppeal the Dec. 21, 2021 CDB Decision.
Original variance request was for a variance to
reduce the minimum rear yard setback to attach
an existing detached garage to the principal
structure at 1515 Beach Avenue.
APP22-0001
1515 Beach Avenue
Attachment A
3-21-22 Minutes
Site Context and Details
Oceanfront lot
located on the
northeast
corner of 15th
Street and
Beach Avenue
Zoned
Residential,
Single Family
(RS-2)
Attachment A
3-21-22 Minutes
Background
The property has an existing multi-story house and existing two-
story detached garage.
The two-story detached garage was constructed in the 2000’s and
is a legally existing accessory structure that meets the required 5-
foot rear and side yard setback.
Principal
Structure
Attachment A
3-21-22 Minutes
Proposed Plan
The applicant request to build an addition that will connect
the existing detached garage to the principal structure.
Attachment A
3-21-22 Minutes
Site Context and Details
Per section 24-83(b), “for lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the
required front yard shall be measured from the lot line parallel to or
nearest the ocean”. Therefore, the side of the property abutting Beach
Avenue is considered the rear yard. This zoning district requires a 20 foot
rear yard setback for principal structures.
Attachment A
3-21-22 Minutes
The structure will meet the minimum front yard setback of 20 feet
and side yard setback of 7.5 feet.
View from 15th Street
Proposed Addition Principal Structure
Detached Garage
View from Beach Avenue
Attachment A
3-21-22 Minutes
Need for Variance
If the detached garage is attached or connected to the principal
structure the detached garage is now considered part of the
principle structure therefore, it is required to meet setbacks for
the principal structure (required 20 ft rear yard).
The existing detached garage encroaches 5 feet into the 20 foot
rear yard.
Attachment A
3-21-22 Minutes
CDB Final Decision
Denied the request for a variance from Section
24-106(e)(2) to reduce the minimum rear yard
setback from 20 feet to 15 feet to connect an
existing detached garage to the principal
structure.
Denied the request finding that the required
factors to support a variance were not meet
“due to lack of grounds for approval.”
Attachment A
3-21-22 Minutes
Process
LDR allows appeal of the final decision of CDB by
any adversely affected person(s)
Appeals are de novo (start from the beginning). In
other words, as if the CDB hearing had not occurred.
Per 24-49(b) the applicant must indicate that the
decisions of the CDB being appealed is in conflict
with or in violation of Chapter 24.
Since this is a de novo proceeding, Commission
must review the appeal under the criteria set forth
in section 24-65(c) variances.
Attachment A
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Applicants Grounds for Appeal
Attachment A
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RECAP -CDB Final Decision
Denied the request finding that the required
factors to support a variance were not meet
“due to lack of grounds for approval.”
Attachment A
3-21-22 Minutes
Required Action
The Commission may consider a motion to approve APP22-0001/ ZVAR21-
0019, request for a variance from Section 24-106 to reduce the minimum
rear yard setback from 20 feet to 15 feet to connect an existing detached
garage to the principal structure at 1515 Beach Avenue upon finding this
request is consistent with the definition of a variance, and pursuant to
Section 24-65(c) in the Land Development Regulations below:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property
disparately from nearby properties.
(3) Exceptional circumstances preventing the reasonable use of the property
as compared to other properties in the area.
(4) Onerous effect of regulations enacted after platting or after
development of the property or after construction of improvements upon
the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance to provide for
the reasonable use of the property.
Attachment A
3-21-22 Minutes
Required Action
The Commission may consider a motion to deny APP22-
0001/ZVAR21-0019, request for a variance from Section 24-
106 to reduce the minimum rear yard setback to connect an
existing detached garage to the principal structure at 1515
Beach Avenue upon finding this request does not meet any
of the criteria set forth in section 24-65(c) nor is consistent
with the definition of a variance.
Attachment A
3-21-22 Minutes