Loading...
05.18.2021 CDB AgendaCity of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, May 18, 2021 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the April 20, 2021 regular meeting of the Community Development Board. 04.20.2021 CDB Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 1336 Violet Street ZVAR21-0006 (Richard Powell) Request fora variance to reduce the minimum rear and side yard setbacks for an existing shed at 1336 Violet Street. 1336 Violet Street ZVAR21-0006 Application 1336 Violet Street ZVAR21-0006 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-8 9-19 All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live -streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 1 of 19 Page 2 of 19 Present: Absent: Also Present: Agenda Item #2.A. 18 May 2021 MINUTES Community Development Board (CDB) Meeting Tuesday, April 20, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, Chair James Moyer, Member Sylvia Simmons, Member Jeff Haynie, Member Brian Major, Member Richard Schooling, Alternate Member Brenna Durden, City Attorney (CA) Valerie Jones, Recording Clerk Abrielle Genest, Planner Amanda Askew, Planning and Community Development Director (PCDD) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the March 16, Development Board. MOTION: To APPROVE the minutes from Board meeting. Motion: Jennifer Lagner Second: Jeff Haynie Linda Lanier Jennifer Lagner (Moved By) Kirk Hansen James Moyer Sylvia Simmons Jeff Haynie (Seconded By) Motion passed 6 to 0. 2021 regular meeting of the Community the March 16, 2021 Community Development For For For For For For Community Development Board (CDB) April 20, 2021 Page 3 of 19 Agenda Item #2.A. 18 May 2021 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. UBEX21-0002 PUBLIC HEARING (Amanda Britt) Request for a use -by -exception to allow on premises consumption of beer and wine within the Commercial General zoning district at 510 Mayport Road. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if commercial or residential property is located to the west of this property. Director Askew said it was 2 -Family Residential. Chair Hansen asked about the parking. Director Askew explained that there is parking in front of the roll -up doors. She also said there is tandem parking also (which are not currently allowed for commercial properties but were allowed at the time on construction). Ms. Simmons asked if the applicant had 1 or 2 units. Director Askew said they would have 2 units. There was further discussion regarding the parking and it was concluded that the applicant would have 12 parking spaces. APPLICANT COMMENT: Ms. Durden did a swearing in of people interested in speaking on this case. Amanda Britt introduced herself as the applicant. She explained that she decided to rent this warehouse for a photographic studio so that young entrepreneurs could get together to take pictures of their products, discuss ideas, etc. Ms. Britt said that she would like to have beer and wine available for the customers. She confirmed that there are 12 parking spaces and some other possible parking spaces around the site. Ms. Lagner asked the applicant what the occupancy was. Ms. Britt said she hired an architect to help figure that out. Mr. Haynie asked if the business was open and what the hours will be. Ms. Britt said she isn't open yet but anticipated she would be open between 9:00 a.m. to 8:00 p.m. There was further discussion regarding the parking spaces. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Ms. Durden asked that any motion be limited to beer and wine and not alcohol as it is not part of their license. BOARD DISCUSSION: Ms. Lanier spoke in favor of this request. Mr. Haynie had reservations of it turning into a bar. Ms. Simmons asked for their to be clarity in the future regarding alcohol or beer and wine being listed as the request for exception. She spoke in favor of this request. Mr. Moyer was also in favor of the request. Ms. Lagner had a concern about the hours but was otherwise in favor of the request. Community Development Board (CDB) April 20, 2021 Page 4 of 19 Agenda Item #2.A. 18 May 2021 MOTION: To APPROVE UBEX21-0002 to allow on -premises consumption of beer and wine. Motion: Sylvia Simmons Second: Linda Lanier Linda Lanier (Seconded By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons (Moved By) For Jeff Haynie For Motion passed 6 to 0. B. UBEX21-0003 PUBLIC HEARING (The Sea Salt Pavilion) WITHDRAWN BY APPLICANT Request for a use -by -exception to allow limited wholesale within the Commercial General zoning district at 1845 Mayport Road. C. ZVAR21-0004 PUBLIC HEARING (Jason and Dawn Engle) Request for a variance to reduce the minimum rear yard setback to build a screened enclosure at 512 Vikings Lane. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Simmons asked if it is a sub -standard size lot. Director Askew said it was a standard lot. Ms. Simmons questioned how the enclosure was approved for permitting in the past. Director Askew said they didn't seek a variance, it was approved at the staff level. Chair Hansen and Ms. Simmons asked about the section of the code that talks about sub- standard lots of record or non -conformities that are uses or structures. Director Askew said a property owner is allowed to maintain them until their removal. She said that once the structure is removed then it has to come into compliance. Ms. Lanier asked if the old foundation was going to be removed and would that mean it is "abandoned" as stated in the code. Director Askew said that if you are renovating more than 50% of the value of the structure then the entire structure has to come into compliance. There was further discussion about remodeling verses rebuilding of the screen enclosure. APPLICANT COMMENT: Ms. Durden did a swearing in of people interested in speaking on this case. Joe Rumancik introduced himself as the contractor. He is with Community Development Board (CDB) April 20, 2021 Page 5 of 19 Agenda Item #2.A. 18 May 2021 Sunshine Coast Construction. He explained the existing sunroom has flooding, roof leaks and needs to be replaced. Mr. Rumancik said that it is the Engle's only living room and to lose the 30" to make it meet setbacks would make the living room unable to function. He gave an example of a previous variance in 2018 that had a similar situation with an existing sunroom and that variance was granted. Ms. Simmons asked for clarification on the current size and the proposed size of the screened enclosure. Mr. Rumancik said the enclosure would lose 30 inches. Mr. Engle explained that the foundation will need to be replaced due to the flooding. He said that their plan is to replace the existing sunroom enclosure for a permanent structure. Mr. Engle confirmed that this was their only living room. Ms. Lanier asked Mr. Rumancik about the plan for the foundation. He said that the current plan was to remove it in order to put in deeper footers and raise the slab to the same level as the rest of the house. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. Chair Hansen read a couple of the letters that were mailed into the City. There were 6 letters in favor of the variance. BOARD DISCUSSION: Ms. Lanier said that since this enclosure was previously permitted by the City, she would be in favor of this variance. Ms. Simmons felt like it fit grounds for approval #4 (Onerous effect...). Mr. Haynie disagreed and wasn't able to find a condition for approval. Ms. Simmons asked Ms. Durden if the Board could use grounds #4 for approval. Ms. Durden said they could and she said they might be able to use grounds #3 based upon the current enclosure being permitted by the City to begin with. Chair Hansen liked this suggestion and agreed that there were exceptional circumstances. Mr. Moyer spoke in favor of the variance. Ms. Lagner said that she normally is very cautious when it comes to encroaching on the setbacks but due to the previously permitting of the current enclosure, she would be able to approve this request. MOTION: To APPROVE ZVAR21-0004 based on grounds of approval #3 being that the City has previously approved this structure in the past. Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons For Jeff Haynie For Motion passed 6 to 0. Community Development Board (CDB) April 20, 2021 Page 6 of 19 Agenda Item #2.A. 18 May 2021 D. ZVAR21-0003 PUBLIC HEARING (Maria J. Roman) Request for a variance to allow two sheds on a residential lot at 418 Mako Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Ms. Durden did a swearing in of people interested in speaking on this case. Manuel Roman Jr. introduced himself as the son of the applicant and living at 418 Mako Drive. He said that he and his mother made this requested for a second storage shed because they are in need of more storage. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier said that this request mentions that other homes in the area have 2 storage sheds but they shouldn't because it is illegal. She said that the code say 1 storage shed and she doesn't see any criteria to apply to this situation. Mr. Haynie agreed. MOTION: To DENY ZVAR21-0003 since it does not meet any of the criteria for approval. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Jeff Haynie (Seconded By) For Motion passed 6 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There were no further comments. Community Development Board (CDB) April 20, 2021 Page 7 of 19 Agenda Item #2.A. 18 May 2021 Ms. Durden made the Board aware of an upcoming notice to all Board and Committee members to attend a Training Session on sunshine law, ethics and Robert's Rules on Tuesday, May 4th at 6:00 p.m. in the Chambers. She said they could participate in person or virtually. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:04 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) April 20, 2021 Page 8 of 19 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME 1111(' ADDRESS (53 C, PROPERTY LOCATION RE# BLOCK # LOT/PARCEL SIZE 11r, 91 ZONING CODE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION II PROVISION FROM WHICH VARIANCE IS REQUESTED '51\ t.):. O \C'02. EMAILic FOR INTERNAL i FILE# Z V kRZ A-`:, •Ze �11 44 �` CITY %+i-�,'r~�'1iC:. STATE ZIP CODE ``k'.'<Lc�� PHONE # LOT # CELL UTILITY PROVIDER Homeowner's Association Architectural Review Committee approval required for the proposed construction ❑ YES N O (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly_ describe and depict the Variance that is requested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not larger than 11x17 inches are submitted, please provide eight (8) copies of any such documents. 5. Application fee of $300.00. ..) HEREB) sCERTIFY TBT ALL INFORJVIATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF XPPLICANT`" PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this day of 1-10 V ` Identification verified: Oath Sworn: El Yes 19 VARIANCE APPLICATION 08 TONI GINDLESPERGER MY COMMISSION 0 GG 353178 EXPIRES: October 6, 2023 Bonded Thru Notary Public Underwriters 20Z( by DATE DATE State of . " l County of Notary Signature My Commission expires 111 The following paragraph sets forth reasons for which a Variance may be approved, pikltiMiaittlittt44• circumstances that apply to your request and briefly describe in the space provided. 18 May 2021 Grounds for approval of a Variance: 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. El 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. EX. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. LoV-- 1 "4 ti. i; c�v-e_ Qikh'e ML '7 Ono, 1 fli (11(v c. `filvc:AN) IOLAA-levp yr { i J,s % j' p '(r' y ' 7 to rr t6ti co:;1 mn P k'ia(lui'i. ) t .1.. 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 or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 08.25.2020 Page 10 of 19 ADDITIONAL COMMENTS: 19 VARIANCE APPLICATION 08.25.2020 0. Agenda Item #4.A. 18 Mav 2021 Page,,,11 of 19_ COOEY JENIFER ASHLEY 1336 VIOLET ST ATLANTIC BEACH, FL 32233 1336 VIOLET ST Property Detail RE # Tax District Property Use # of Buildings Legal Desc. Primary Site Address 1336 VIOLET ST Atlantic Beach FL 32223 j 171060-0020 USD3 0100 Single Family 1 For full legal description see Land & Legal section below Subdivision 03119 ATLANTIC BEACH SEC H Total Area 4336 Official Record Book/Page 16424-01349 The sale of this property may result in higher property taxes. For more information go to Save Our Homes and our Property Tax Estimator . 'In Progress' property values, exemptions and other supporting information on this page are part of the working tax roll and are subject to change. Certified values listed in the Value Summary are those certified in October, but may include any official changes made after certification Learn how the Property Appraiser's Office values property, Value Summary Value Description Value Method Total Building Value Extra Feature Value Land Value (Market) Land Value (Agric.) Just (Market) Value Assessed Value Cap Diff/Portability Amt Exemptions Taxable Value CAMA Certified $122,128.00 $0.00 $39,249.00 $0.00 $161,377.00 $109,846.00 $51,531.00 / $0.00 $50,000.00 $59,846.00 Agenda It 4.A. 18 0/021 2021„ In „Progress CAMA $126,827.00 $0.00 $39,249,00 $0.00 $166,076.00 $111,383.00 $54,693.00 / $0.00 See below See below Taxable Values and Exemptions — In Progress If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value Assessed Value $111,383.00 Assessed Value $111,383.00 Homestead (HX) - $25,000.00 Homestead (HX) - $25,000.00 Homestead Banding 196.031(1)(b) (HB) - $25,000.00 Homestead Banding 196.031(1)(b) (HB) - $25,000.00 Taxable Value $61,383.00 Taxable Value $61,383.00 Sales History Book/Page ( Sale Date Sale Price 16424-01349 j 6/21/2013 I$120,000.00 Extra Features No data found for this section Land & Legal Land LN l Code j Use Description Zoning I Assessment 1 ! 0101 1 RES MD 8-19 UNITS PER ARG ,AC Buildings Building 1 Building 1 Site Address -- no building address found -- Building Type j 0105 - TOWNHOUSE Year Built 2013 Building Value $126,827.00 Type Base Area Finished upper j story 1 Finished Open Porch Total Gross j Heated Area j Area 640 640 660 660 Effective Area 640 627 20 0 6 1320 1300 1273 Deed Instrument Type Code SW - Special Warranty Front 42.00 Depth Category Land Units 102.00 ! Common 42.00 Element Exterior Wall Roof Struct Roofing Cover Interior Wall Int Flooring Int Flooring Heating Fuel Heating Type Air Cond Element Baths Bedrooms Stories Rooms / Units 2020 Notice of Proposed Property Taxes Notice (TRIM Notice), _ Taxing District Assessed Value Exemptions Gen Govt Beaches $109,846.00 $50,000.00 Public Schools: By State Law $109,846.00 $25,000.00 Code 26 3 3 5 14 8 4 4 3 Code 2.000 3.000 2.000 1.000 School Taxable Value Assessed Value $111,383.00 Homestead (HX) - $25,000.00 Taxable Value Qualified/Unqualified Unqualified Land, Type Front Footage Land Value $39,249.00 Detail 26 Alum/Vinyl 3 Gable or Hip 3 Asph/Comp Shng 5 Drywall 14 Carpet 8 Sheet Vinyl 4 Electric 4 Forced -Ducted 3 Central Detail Taxable Value I Last Year $59,846.00 $467.69 $84,846.00 $321.44 $86,383.00 { Vacant/Improved Vacant Legal LN Legal Description 1 18-34 17 -2S -29E .099 2 SEC H ATLANTIC BEACH 3 S42.29 FT LOT 4 BLK 232 ELAS FILA Proposed Rolled -back $487.82 $310.28 $463.16 $319.23 Page 12 of 19 By Local Board FL Inland Navigation Dist. Atlantic Beach Water Mgmt Dist. SJRWMD Gen Gov Voted School Board Voted Urban Service Dist3 Description $109,846.00 $109,846.00 $109,846.00 $109,846.00 $109,846.00 $109,846.00 $109,846.00 Just Value Last Year $157,516.00 Current Year $161,377.00 $25,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $25,000.00 $50,000.00 A.,sessed Value $107,377.00 $109,846.00 $84,846.00 $185.18 $59,846.00 $1.84 $59,846.00 $185.24 $59,846.00 $13.85 $59,846.00 $0.00 $84,846.00 $0.00 $59,846.00 $0.00 Totals $1,175.24 Exemptions $50,000.00 1 $50,000,00 $190.73 $1.92 $193.21 $13.69 $0.00 $0.00 $0.00 $1,197.65 Aggmda Item #fl.A. $1.83 18 May 21021 $183.06 $13.69 $0.00 $0,00 $0.00 $1,164.88 Taxable Value $57,377.00 $59,846.00 2020 TRIM Pronertv Record Card (PRC), This PRC reflects property details and values at the time of the original mailing of the Notices of Proposed Property Taxes (TRIM Notices) in August. Property Record Card (PRC) The PRC accessed below reflects property details and values at the time of Tax Roll Certification in October of the year listed. 2020 2019 2018 2017 2016 2015 2014 • To obtain a historic Property Record Card (PRC) from the Property Appraiser's Office, submit your request here: More Information ontact Us 1 Parcel Tax Record I GIS Map 1 Map this property on Google Maps 1 Citi Fees Record Page 13 of 19 Agenda Item #4.A. 18 May 2021 April 13,2O%l To whom it may concern: |]enifer[ooey give permission to my husband, Richard Powell to file a variance application and other applications as needed, regarding 1336 Violet St. Atlantic Beach, FL 32233. Thank you, ]eniferA.Coney 904-382-8742 ' • .\ �/��� m,�d3 i4w'GS �.igsu` • .x`,`\ � /` \\ (`\.� '; ` Page 14 of 19 IOl LOT 2 0 FOUND 1/2" IRON PIPE, NO CAP I� 0 LOT 2 THE NORTH 25.00' FEET OF LOT 3 N89'02'00"E 101.75' FIELD FOUND 1/2" IRON_ N89'02'00"E 102.00' PIPE, LB 3672 _ LOT3 "'� � LOT 3 N, It I SET 1/2" IRON PIPE, LB 3672 Z_ E 0 —` 0 sl 0) 0 O O 0 -P -nN P 0 _____x__-_-x----- FOUND 1/2" IRON" PIPE, NO CAP 6'WOOD FENCE LOT 4 LOT 3 EXCEPT THE NORTH 25.00 FEET r rVI I0 ro I L �N I^ LOT \4 X589'02'00"W 101.80° FIEL .89'02'00"W 102.1 FOUND 1/2" REBAR LB 5488 I T� -L. 32.3' 2—STORY FRAME RESIDENCE No. 1338 FINISHED FLOOR = 12.60 FOUND 1/2" RFBAR LB 5488 NI0 o� FOUND 1/2" IRON I PIPE, LB 3672 E 24.6'�v r -C-ON E ISN o� I r--- —100 I /B 2—STORY b FRAME j ®Z RESIDENCE N 0. 1336 731 P)— O $ FINISHED FLOOR = 12.72 = r—i —TOP OF BANK--- RETENTION ANKRETENTION POND LOT 5 0.3' 0 N ISTOOFI _/) 32.3' S89'02'00'W 102.00' S88'49'36"W 101.87' FIELD LOT 5 NOTES: S A BOUNDARY AND TOPOGRAPHIC SURVEY. NGS BASED ON THE WEST RIGHT OF WAY LINE OF TREET AS BEING S01'16'00"E AS PER PLAT. JILDING RESTRICTION LINES AS PER PLAT. -I MARK USED IS THE NORTH RIM OF A SANITARY IANHOLE AT THE INTERSECTION OF VIOLET STREET ST 14th STREET. ELEVATION = 11.27 N.A.V.D. 1988 CH MARK AS SHOWN HEREON. E".711; � I CONCRETE I 24.9' WOO) POW.R POLF', O m �53 —. N Z 0) O rn ca b ( FOUND 1/2" RON rn PIPE, LB 367L Q 10 2011,1111,11i1111111,1111.1111,111111,11 111111111111,111.1, 40 SCALE: 1" = 20' OPERTY SHOWN HEREON APPEARS TO LIE IN 0 1 —1 rn CONCR DRIV ---1 SET BENCH MARK ON FOUND MAGNAIL & DI`. (LB5488) IN WOOD POWER POLE. ELEVATI, = 11.10 N.A.V.D. 1988 3dId OAd ,8 6" PVC PIPE CONCF DRI\ SANITARY MAN TOP = 11.5: INV. N. = 6.11 INV. E.=6.18 INV. S.=6.23 INV. W.=6.18 6" PVC THIS SURVEY WAS MADE FOR THE BENEFIT JENIFER ASHLEY COOEY; BEACHES HABITAT HUMANITY, INC.; FLORIDA HOUSING FINANCE Page 16 of 19 18 May 20.' L CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0006 Request for a variance to reduce the minimum rear and side yard setbacks for an existing unpermitted shed. LOCATION 1336 Violet Street (RE# 171060-0200) APPLICANT Richard Powell DATE April 27, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS Richard Powell, the applicant and spouse of the property owner at 1336 Violet Street has submitted a variance applicant to reduce the minimum rear and side yard setback for an existing accessory structure (shed). This property is located on the west side of Violet Street approximately 175 south of 14th Street in the Residential, General, Two -Family (RG) zoning district. On April 5, 2021, a Stop Work Order was posted on the property for instillation of a shed without a permit. The applicant applied for a building permit on April 15, 2021. The existing unpermitted shed is 144 square feet and in the rear yard of the property. The applicant is seeking a variance after I11,11111111111.11111111111111111111111111111111111111111111111, �il�llllll�l�i id, l I�IIIIIII�I ori 11 z ui 128L 11'15 W. 14th St 3 40 13 42 1340 1338 1205 1346 • 13&95 1#`.M9 13{;5 13.69 1.3;5 1.309 139, the fact to allow a reduction in the minimum rear and side yard setbacks for accessory structures. Section 24-151(b)(1)(1) requires storage and tool sheds to be "a minimum distance of five (5) feet from the rear and side lot lines". The existing location is three (3) feet from the rear property line and two (2) feet from the side property line. In addition, the shed is placed in the required on-site storm water retention area. Regardless of the outcome of this variance request the volume of in -filled retention area must be accommodated elsewhere on site. 138 138 133 131 3.672 I 11 letkif Z" 1/a" IFTE11A100 IA 54 0•0000z00 0100h.00 II SxuE IILLlaD+c>: 'jr 7 r Il0r�tl FL ria 1 mV 13311, IV FFINISHEDnf+QuF1' ,� m1'..�I'q I" I- 4, r 2 -'STORY g 1 Fq FRAME IhRESID CE: �FINISII S0IFLOM ^ 12,.72 �CJ.YhIV �{rl 1a '?l�� Y„�' Y�l�l^1 gyp, f � Icxalw ulyd,n 1 133 / 411 ;0004. i".1" 91 /-1...°(11 1111 10 3 -foot setback r, rr AD 'M ��° ® Mtge L.° NO CAP IPFF'I'd ANALYSIS 0,0 S89•02.1OOP'W, 102,00" Se e'3'49. µ9 ,", G'O' . E T FELD 2 -foot setback .1. 5 Frd u.l112,"8011 PI 57 . LI on •0'70 di ill 18 May 20- L AT VII Lx 011 uSEIu li n T FiFi"iC- FOUND AON (L 15488), NN POWER ,.�I: r.J. VV,i lu pll I°I V V11 III IAV VI. VV Ilu V VV 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 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 24-65 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: (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 wrote "lot sizes are extremely small in this neighborhood. More than 10 houses have sheds within the 5 foot of property line requirement. To move the shed will cost more than building it." (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 2 of 3 REQUIRED ACTION i1nw11. 18 May 20. L The Community Development Board may consider a motion to approve ZVAR21-0006, request for a variance to Section 24-151 (b) (1) (1) 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 he 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 si:e 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 ZVAR21-0006, request for a variance to Section 24-151 (b) (1) (1), finding this request is not consistent with the definition of a variance. Page 3 of 3