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331 Ahern Street 15-ZVAR-1036 Staff Report CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO 15-ZVAR-1036 Request for a variance as permitted by Section 24-64 for a reduction in side yard setback from 15 feet as required by Section 24-108(e)(3)(c) to 7.5 feet on the east side at Atlantic Beach Subdivision “A” west half of Lot 10, Lot 12 Block 2 (aka 331 Ahern St). LOCATION 331 AHERN STREET APPLICANT 331 AHERN LLC DATE MAY 21, 2015 STAFF DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant, 331 Ahern LLC is the owner of 331 Ahern Street and is represented by Alex Sifakis. The property is a 75 foot by 130 foot vacant lot with an easement along the western side for access to the neighboring development. The applicant would like to build a three unit townhouse building on the portion of the property not covered by the easement with a 7.5 side yard setback from the eastern property line. The property is zoned Residential General, Multi-Family (RG-M) and has a future land use of Residential Medium (RM) which allows up to 14 units per acre. Based on these designations, a three unit multi-family structure is allowed on this property provided that it meets all other restrictions including setbacks. A variance is needed for the proposed development because Section 24-108(e)(3)(c) requires that multi-family dwellings have a 15 foot side yard setback on each side instead of the proposed 7.5 feet from the eastern property line. The applicant has noted that they will provide at least 15 feet on the western side due to the easement that is limiting the developable area of the lot and is the main reason that a variance is requested. A 7.5 foot side yard setback is the required side yard setback for two-family dwellings within the RG-M zoning district. The applicants are pointing to their plan to develop the property as three townhomes where the impact on the neighbor to the east would be no different than that of a two townhome project because they would only have one neighbor. There is some legitimate discussion to be had on this topic. Section 24-108(f) references two-family dwellings or two-unit townhouse together for minimum lot size but Section 24-108(e) references two-family dwellings and townhouse together without the two-unit descriptive for side yard setbacks. The definition of townhouse states that it is a building with 2 or more units. This raises the question of whether or not a 3 unit townhouse building is multi-family or is townhouses an independent classification. The applicants are aware of the Old Atlantic Beach Design Standards and plan to meet them. They are also aware of the requirements of Section 24-161(j) that require 3 parking spaces per unit for multi-family developments east of Seminole Road Page 2 of 3 ANALYSIS Section 24-64(b)(1) provides 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 allowable 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 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated in their application that the property has a large easement on the western side of the lot with a driveway, fence and lift station that are part of the condo development to the west which limits the developable area of the property. (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. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of 15-ZVAR-1036, request for a reduction in side yard setback from 15 feet as required by Section 24-108(e)(3)(c) to 7.5 feet on the east side at Atlantic Beach Subdivision “A” west half of Lot 10, Lot 12 Block 2 (aka 331 Ahern St), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. 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 recommend denial of 15-ZVAR-1036, request for relief from the Section 24-88(b) requirement for a reduction in side yard setback from 15 feet as required by Section 24-108(e)(3)(c) to 7.5 feet on the east side at Atlantic Beach Subdivision “A” west half of Lot 10, Lot 12 Block 2 (aka 331 Ahern St), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner.