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329-331 Ahern Street 17-ZVAR-325 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO 17-ZVAR-325 Request for a variance as permitted by Section 24-64, for relief from the Section 24- 161(f)(3) requirement for off-street parking spaces on properties with uses other than single and two-family residential to be designed and constructed such that vehicles are not required to back into the public rights-of-way to allow up to 6 parking spaces along Ahern Street and 3 driveways/6 parking spaces along East Coast Drive at Atlantic Beach Subdivision Block 2 Lots 2, 4, 6, 8, 10 and 12 (aka 54 East Coast Drive, 329 and 331 Ahern Street). LOCATION 54 EAST COAST DRIVE, 329 AND 331 AHERN STREET APPLICANT AHERN TH PROJECT LLC DATE FEBRUARY 13, 2017 STAFF DEREK W. REEVES, PLANNER STAFF COMMENTS The applicant is Ahern TH Project llc, the company that owns 54 East Coast Drive, 329 and 331 Ahern Street in the Residential General, Multi-family (RG-M) zoning district. These properties have been acquired over the last year and half and will be combined into a single development project. All together the property is 300 feet by 130 feet and is about 0.9 acres. The applicant plans to build a 12 unit condo project comprised of 4 buildings, each with 3 townhouse style units featuring 2-car garages and 6 additional parking spaces along Ahern Street. Each garage will be accessed by an internal drive with the exception of the eastern most building where each unit will have a separate driveway on East Coast Drive. A variance is required by Section 24-161(f) that prohibits multi-family uses, among others, to have parking spaces designed in a manner that requires vehicles to back into public rights-of-way. The six spaces along Ahern Street and the three driveways associated with eastern most building along East Coast Drive are designed so that vehicles are required to back into the street. This portion of the code was created in 2007 when the City was revising parking requirements. The lone dissenting vote at Commission expressed concerns about the limitations this code would have on future development and redevelopment and specifically referenced commercial businesses along Ahern Street. The required parking for this project is largely accomplished by the fact that each unit has its own 2-car garage. This will mean that cars are largely hidden from view and in a secure location. Typically residential units are only required to provide 2 parking spaces per dwelling unit, but Section 24-161(j) requires an additional space per unit for multi-family projects east of Seminole Road for “beach-going guests”. The three proposed driveways in front of the garages along East Coast Drive and a small parking area at the end of the motor court provide most of the additional spaces needed. The 6 spaces along Ahern Street will provide the rest of the required parking. The townhome design of the units with dedicated garages and specifically those along East Coast Drive makes the project consistent with the surrounding neighborhood to the east and north that is made up of single Page 2 of 4 family homes and two unit townhomes/duplexes. Existing properties in the area are as narrow as 25 feet and have their own driveways. The proposed development will have the equivalent of one driveway pe r 43 feet along East Coast Drive. The driveway nearest the intersection of East Coast Drive and Ahern will be in excess of 25 feet and likely closer to 30 feet away, which helps to provide sight lines at the intersection. In addition to that, the building will be setback 20 feet from the property line along East Coast Drive, but the garage doors are recessed in a couple of feet allowing for around 23 feet of driveway length on property. Along Ahern Street, the proposed 6 parking spaces will be completely lo cated on the property and will also be located about 100 feet from the intersection at Ahern Street and East Coast Drive. The proposed design of 2 sets of 3 parking spaces is consistent, but less impactful than the other residential and commercial parking along Ahern Street that can have as many as 13 continuous spaces together. The final design may result in 3 sets of 2 parking spaces where the new set would be in front of the western most building. Page 3 of 4 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. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that the driveways on East Coast Drive are the only way to access the garages located in the building along that side of the property. They also stated that the additional parking along Ahern Street is provided to alleviate street congestion. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated that property access has become restrictive under the regulations for this 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 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to approve 17-ZVAR-325, request for relief from the Section 24-161(f)(3) requirement for off-street parking spaces on properties with uses other than single and two-family residential to be designed and constructed such that vehicles are not required to back into the public rights-of-way to allow up to 6 parking spaces along Ahern Street and 3 driveways/6 parking spaces along East Coast Drive at Atlantic Beach Subdivision Block 2 Lots 2, 4, 6, 8, 10 and 12 (aka 54 East Coast Drive, 329 and 331 Ahern Street), 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 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 17-ZVAR-325, request for relief from the Section 24-161(f)(3) requirement for off-street parking spaces on properties with uses other than single and two-family residential to be designed and constructed such that vehicles are not required to back into the public rights-of-way to allow up to 6 parking spaces along Ahern Street and 3 driveways/6 parking spaces along East Coast Drive at Atlantic Beach Subdivision Block 2 Lots 2, 4, 6, 8, 10 and 12 (aka 54 East Coast Drive, 329 and 331 Ahern Street), 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.