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808 Amberjack Lane ZVAR23-0032 PACKETZVAR23-0032 PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR23-0032 Address: 808 Amberjack Lane (RE #171141-0000) Applicant: Tana Mankus PUBLIC HEARING(S) Body: Community Development Board Date November 21, 2023 Time: 6:00 PM Request: Request for a variance to the platted Building Restriction Line (BRL) at 808 Amberjack Lane. Summary: The applicant is requesting a variance to build a new single family home on a corner lot to encroach into the 25-foot Building Restriction Line (BRL) only on the side yard at 808 Amberjack Lane. The requested variance is to reduce the BRL in the side yard (adjacent to Wahoo Lane) from 25 feet to 10 feet. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised tha t such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evide nce upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notic es https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247 -5800 not less than three days prior to the public hearing. Request for a variance to the platted Building Restriction Line(BRL) at 808 Amberjack Lane. ZVAR23-0032 808 Amberjack Lane Site Context and Details Located on the corner of Wahoo Lane and Amberjack Lane. Zoned Residential, Single Family (RS-1) 25-foot Building Restriction Line (BRL) across front and east side of lot The Royal Palms neighborhood was developed in the early 1960’s. Original subdivision plats included a uniform 25-foot BRL for all street frontages and corner lots. Background Background May 2009, City Commission held a workshop & directed staff to amend the Royal Palms subdivision plat to remove the 25’ BRL. Properties would need to meet the minimum setbacks for the RS-1 zoning district. December 14, 2009, CC directed staff to proceed with revision of the plat. At the time, Commission was not advised of the correct legal process for changing plat. 1.Mailers to over 600 property owners and their mortgage holders 2.All parties to sign off on removing BRL and replat of subdivision Proposed Plan The applicant is planning to build new home that is within the 25 ft. platted BRL along the east side of the property. The proposed addition will encroach 15 feet into the 25 ft. BRL. Approx. 10 ft setback Need for Variance The minimum setback in the RS-1 zoning district in the corner side yard is 10 feet. The Royal Palms plat has a 25 ft. BRL that is to be enforced over the required setback for the RS-1 zoning district. The applicant is only requesting a variance from the side yard BRL. RS-1 Setbacks Royal Palms setbacks per plat Front: 20 ft.Front: 25 ft. Rear: 20 ft.Rear: 20 ft. Interior Side: 7.5 ft.Interior Side: 7.5 ft. Corner Side: 10 ft.Corner Side: 25 ft. Considerations The proposed addition will not exceed the 10 ft. required side yard set back in the RS-1 zoning district. Existing development pattern of the neighborhood City Commission voted to remove the 25 ft BRL in the Royal Plats subdivision plat, but plats have not been revised. Grounds for Decision APPROVAL- existence of one or more of the following Section 24-65 (c) DENIAL- 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 improvement upon the property. 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The CDB may consider a denial upon finding that none of the requirements in 24-65 (c) exist. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR23-0032 Request for a variance to the platted Building Restriction Line (BRL) at 808 Amberjack Lane. LOCATION 808 Amberjack Lane APPLICANT Tana Mankus DATE November 8, 2023 STAFF Brian Broedell, Principal Planner and Environmental Coordinator STAFF COMMENTS The applicant, Tana Mankus, is the owner of 808 Amberjack Lane. This property is located within the Royal Palms neighborhood and is zoned Residential, Single Family (RS-1). The setbacks within the RS-1 zoning district are: - Front: 20 feet - Rear: 20 feet - Interior side: 7.5 feet - Corner side: 10 feet However, this lot has a 25 foot platted Building Restriction Line (BRL) across both street frontage sides of the lot (Amberjack and Wahoo Lane sides). Section 24-17 states that BRLs, which may be greater than the zoning setbacks, shall be enforced. This results in the following setbacks for this property: - Front: 25 feet - Rear: 20 feet - Interior side: 7.5 feet - Corner side: 25 feet The applicant is proposing to demolish the existing house and build a new-single family home and is requesting a variance to reduce the corner side yard setback along the east side of the property (adjacent to Wahoo Lane) from 25 feet to 10 feet. This is consistent with the minimum 10 foot side yard setback for corner lots in the RS-1 zoning district. The original plats were hand drawn in 1960 and included a uniform 25-foot Building Restriction Line for all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the norm or character of the surrounding structures. In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25- foot BRL, such that the standard zoning district would apply (front yard setback of 20-feet). Staff Page 2 of 3 observed that the most lots in Royal Palms have about 15-feet from the street curb in the right-of-way prior to the property line, so even with a standard 20-foot setback, the house will still be set back 30-35 feet from the street. City Commission hosted a workshop to discuss this and other Land Development Regulations updates. As a result, Commission directed staff to amend the Royal Palms subdivision plat to remove the 25-foot setback. At the December 14, 2009 Commission meeting, Commission approved a motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property owners and receive written approval from every property owner on the plats. In addition, if the property has a mortgage on the property the mortgage company must sign off on the plat too. This was not completed. ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowabl e exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-65(c) provides six distinct grounds for the approval of a variance: Approx. 10 ft setback Page 3 of 3 (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. The applicant stated “the base zoning district only has a 10’ corner side yard except in the Royal Palms neighborhood.” (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant states “the developer of Royal Palms added additional setbacks BRL than the zoning district requires.” (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR23-0032, request for a variance from the platted Building Restriction Line (BRL) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (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 in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR23-0032, request for a variance from the platted Building Restriction Line.