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06.15.2021 CDB AgendaCity of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, June 15, 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 May 18, 2021 regular meeting of the Community Development Board. CDB 05.18.2021 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 395 Saturiba Drive ZVAR21-0009 (Cliff Carter) Request for a variance to exceed the maximum accessory structure height to build a screened enclosure. 395 Saturiba Drive ZVAR21-0009 Application 395 Saturiba Drive ZVAR21-0009 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-6 7-16 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 16 Page 2 of 16 Present: Absent: Also Present: Agenda Item #2.A. 15 Jun 2021 MINUTES Community Development Board (CDB) Meeting Tuesday, May 18, 2021 - 6:00 PM Commission Chamber Jennifer Lagner, Member Sylvia Simmons, Member Brian Major, Member Jeff Haynie, Member Richard Schooling, Alternate Member Linda Lanier, Member Kirk Hansen, Chair James Moyer, Member Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL Director Askew announced that there wasn't a Chair for the meeting and asked the Board to agree to let Sylvia Simmons to Chair the meeting. The Board was in agreement. The meeting was called to order at 6:00 p.m. by Ms. Simmons. 2. APPROVAL OF MINUTES A. Approve minutes of the April 20, 2021 regular meeting of the Community Development Board. MOTION: To approve the minutes of the April 20, 2021 regular meeting of the Community Development Board. Motion: Jeff Haynie Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Sylvia Simmons For Brian Major For Jeff Haynie (Moved By) For Richard Schooling For Motion passed 5 to 0. Community Development Board (CDB) May 18, 2021 Page 3 of 16 Agenda Item #2.A. 15 Jun 2021 3. OLD BUSINESS There was no old business. Director Askew introduced Richard Schooling as a new alternate Board member. 4. NEW BUSINESS A. ZVAR21-0006 PUBLIC HEARING (Richard Powell) Request for a variance to reduce the minimum rear and side yard setbacks for an existing shed at 1336 Violet Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if there was a retention pond and what the requirement will be for the applicant if the variance is approved. Director Askew explained that this property pre- dates the requirement for retention. She that if this variance is approved Staff would require retention to be located somewhere else on site along with the filing of the required deeds and covenants. There was further discussion regarding the retention location and size. Ms. Lagner asked if the shed was complete. Planner Genest said it was already complete. Mr. Major asked if it could be moved. Director Askew said they would need to ask the applicant. He asked what the maximum square footage could be on a shed. Director Askew said it is a maximum of 150 square feet. APPLICANT COMMENT: Ms. Durden asked the applicant and anyone planning on speaking (including staff) to raise their hand. She held the swearing in. Richard Powell introduced himself and his wife Jennifer as the applicants. Jennifer Powell presented pictures to the Board. She explained the history of the shed and apologized for not getting a permit before installing it. Mr. Powell said the shed was completed 16-18 months ago. Mr. Haynie asked about the foundation. Mr. Powell said it is off the ground and the posts were in concrete. Mr. Haynie asked why they picked the spot where they built the shed. The Powell's said it was the flattest portion of the yard and they already had a shed located there. Mr. Haynie asked whether they have applied for a permit. Mr. Powell said he received a stop work order so he applied for a permit and was then told he would need a variance. Mr. Major asked how far the shed was from the property line. Mr. Powell said it is over 2 feet from the property line. Director Askew said the survey doesn't show the fence and another survey would have to be done to get an accurate measurement. PUBLIC COMMENT: There were no public comments. BOARD DISCUSSION: Ms. Lagner asked for clarification on the retention. Director Askew said that if it the variance is approved then an engineer would have to verify if it still has the capacity to hold the storm water. Mr. Haynie said he could see the variance fitting condition #3 (exceptional circumstances). Mr. Major did not see reason for approval. Ms. Lagner said that based on the water issue in the yard, she doesn't have a problem with approval. Mr. Schooling agreed that the fact that the shed is on piers and Community Development Board (CDB) May 18, 2021 Page 4 of 16 Agenda Item #2.A. 15 Jun 2021 the water can flow underneath works in the applicant's favor. Ms. Simmons wasn't sure that condition #6 (sub -standard size of the lot) was qualification for approval. She did think that condition #1 (exceptional topography) might be more suited. Mr. Major said he couldn't see condition #6 fitting this situation. Ms. Durden explained that if the Board was to make a motion to approve that they add a condition for the applicant to comply with the on-site retention requirement since the current location of the shed takes away from that. She said that with a condition it would give Staff the right to see whether or not there is enough retention. Ms. Durden added that the recording of the deed restriction should also be part of the condition. Ms. Lagner asked if the applicant would have to pay for a survey and engineering to do that. Director Askew said that the applicant would probably have to get an updated survey which would be submitted to the Director of Public Works and he would do the calculations. Ms. Lagner was concerned about the financial impact if they were required to do that. Mr. Haynie said that it was his understanding that it would probably be a requirement due to the code even if the Board doesn't make it a condition. He said that the lack of a permit was a code enforcement issue and he believed the approval for a variance easily fits under #3 and potentially #1, #4 and #6. MOTION: To APPROVE ZVAR21-0006 on the condition that the applicant complies with the water retention requirements and record a deed restriction that reflects that compliance in the future. Motion: Jeff Haynie Second: Sylvia Simmons Jennifer Lagner Against Sylvia Simmons (Seconded By) For Brian Major For Jeff Haynie (Moved By) For Richard Schooling For Motion passed 4 to 1. 5. REPORTS - There were no reports. 6. PUBLIC COMMENT - There were no further comments. 7. ADJOURNMENT There being no further discussion, Chair Simmons declared the meeting adjourned at 6:42 p.m. Attest: Community Development Board (CDB) May 18, 2021 Page 5 of 16 Agenda Item #2.A. 15 Jun 2021 Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) May 18, 2021 Page 6 of 16 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME C11• i C4' ler ADDRESS ,iLi 0 /Ilea ) y 4)- f CITY PROPERTY LOCATION 3c3-6- V G lu f i bG, Dr RE# ,31p- SG) - E BLOCK # LOT/PARCEL SIZE ZONING CODE P iJ ,J FOR INTERNAL Yetti jVln 202 FILE # ZVAR21-0009 EMAIL ill 0069,Coan-1 v 4)/00g( cti STATE rt., ZIP CODE ,3<,(9.33-' PHONE # q 0 L, 'me.3`/L/S'CELL # LOT# L f - JeI vti Pl61r;nc 01; Hoc, UTILITY PROVIDER 41lfic; II(' COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED J^e h 9- I g- () ( ) (e ) Homeowner's Association or Architectural Review Committee approval required for the proposed construction ❑ YES [x NO (if yes, this must be submitted with any application fora 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 anv such documents. 5. Application fee of $300.00. HEREBY CERTIFY TkIAT, LL INFORMATION PROVIDED I5 CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNArURR �'XPPLICANY e/J, (r /et PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this 2 LI day of M[ ,Y Identification verified: br;;l �( f,C� 1-. i [/V5'5 Oath Sworn: ❑ Yes No 19 VARIANCE APPLICATION 08.25.2020 , 2e,2 1 by State of ,S/cif / DATr DATE (L County of i UVAL. Notary Signature My Commission expires 2 �/2'3123 rage 7 of 1G Agenda Item #4.A. The following paragraph sets forth reasons for which a Variance may be approved, please chelakfil2e21 circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. nX 1. Exceptional topographic conditions of or near the property. The home is a two story structure. There is a 2nd floor walkway along the back of the house with a spiral staircase. The proposed screen enclosure would meet the current roof line of the home. Limiting the screen enclosure to 15 ft would make the entire walkway and staircase unusable. ❑ 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. I] 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 8 of 16 ADDITIONAL COMMENTS: The proposd pooenclosure is in keeping with other such structures in the same neighborhood. 1 ,vVARIANCE APPLICATION nu.2a2020 15 Jun 21121 Page 9 of 16 of Atlantic BeachOWNER'S AUTHORIZATION FOR AGENT City r.~.~...~/^.n^~/.",.."+n...,�,".°+ �°""'°''°=,='"p"'�''`"=p�'""`='` 800 SemnoIe Road Atlantic Beach, FL 32233 (P) 904-247-5800 ~~/ OWNER INFORMATION NAME Sean Keane ADDRESS 395 Saturiba Dr , CITY Atlantic Beach AGENT INFORMATION NAME Cliff Carter ADDRESS 1840 Mealy St S CITY Atlantic Beach STATE FL STATE FL Agenda Item #4. 15Jun 202� PHONE# CELL # ZIP CODE 32233 PHONE # 904-746-3445 CELL # ZIP CODE 32233 /.//'y/ Ccr1er ishereby authorized toact onbehalf of C3eon Kew, the ownerof those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: 0BUILDING PERMIT [lTREE PERMIT Ei SIGN PERMIT I HEREBY CEI3TIFY THAT ~5\GN/AURE SIGNATURE OF OWNER #2 F7U ON ZONING VARIANCE 0 ZONING MAP AMENDMENT 0 COMPREHENSIVE PLAN AMENDMENT Ei PLATREPLAT OR LOT DIVISION 0 OTHER PROVIDED IS CORRECT: Sgnature of Property Owner(s) or Authorized Agent Signed and sworn before me on this 0 '"? day of Identification verified: Oath Sworn: E Yes Er No 11 OWNERS .� P0NTORTYPE mawE PRINT OR TYPE NAME JANMAVRICIO WAK8RR08ERlSOH NYCOMMISSION #111-1009325 EXPIRES: June n.204 10�'/ by Signature / yCommission expires /// —Paoe£8ofI6--- DATE DATE U n J State of County of 4- 1 • • • • • - • as • 4 lIIIIIII on11111111111111110111111111111VIEly„„„ irt 5111110 # 1111 4 II 'I •NN,-,:„. nl 11' , 11 1111 NI , • 1 111111 oil NH 1111111 I Alicr , , „ ,,goolosomm• „ mo^ 111111111111111111 ,1111.11111 11 110 411,111,11111,,1111111111,ffil „ 1 r('11))1'11'11111 )..,).1)1);:;.:::""",,,,.,,,,,.... '';,...'''„'„';),,1^,1,.„:„.:',:,,N., 1.10,1,"1,1 OMANI) 1111111 11/1111111111111111111111111111111111.1.11111111,!!..I.'."'...,.':""" N I ' age 0 • A. 21 /31,e.c1 Ae-mov e- 01 LOT 1 — SELVA MARINA c -/ @h ,Ui N1IT S. 1 40C N7430'45'W 90.00 (d).NMPialE -E9 8l[m`pC1V 2' OuNPa er-fy Agpnda Item #4.A. 15 Jun 2021 NW CORNER BLOCK C a Double Sided Document This is a Double Sided Document °i • ._. . (29.1') 0 9v O h0, w1at (4.41- `R `t R Q vt N _ •.Y•••G`Y ! 4• G Fence I s. .f E N tq N R ew1 o ve, LOT 9 d • No (i ns t`Te D H NO On Sile. e. ?rcA d't 80,11rtl0rrt ; 7h e 1-1 0 tiJ CONCRETE = YARD = COVERED OR ENCLOSED BRICK = POOL C3 Saturiba Drive 100' R/W MEDIAN DIVIDED 14' ASPHALT LANES (ON UNE) PLEASE SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION, CERTIFICATIONS, FHA/VA WELL AND SEPTIC TANK DIMENSIONS ( if applicable ), LEGEND, SYMBOLS, ABBREVIATIONS, NOTES, SIGNATURE AND SEAL ETC. SHEET 2 OF 2 ALONE DOES NOT CONSTITUTE A FLORIDA BOUNDARY SURVEY BUILDING SETBACK LINES, IF SHOWN, ARE TAKEN FROM PLAT CHORD CURVE 3 19 RBLin e CURVE TABLE 1 CURVE RADIUS DELTA ARC CHORD I C-1 m) 25.00' 90`49'46" 39.64' 52918'44"E 35.61' 1 0-2 m) 377.22' 07'40'29" 30.53' S19'5T09"y,V 50.49' 1 C-3 m) 3769,72' OQ;5623" 64.01' 557513'27"E 64.01' C-1 (0) 25.00' 90'49'48' 39.64' S$9'18'44'E 35.61' C-2 (p) 377.22' 07'40'16" 50.51' S19'55'4i'6/ 51147' 1 C-3 (01 3769.72' 00'58'15" 64.07' 5751327"E 63.67' GRAPHIC SCALE 1%.° 30 Sheet 2 of 2 1inhFEO,ft. Boundary Surveys # 120216.1 for Kean12016 Age' mid ILeiIi 44.1 . 15 Jun 202'L CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0009 Request for a variance to exceed the inaxiinuin accessory structure height from inaxiinuin allowable height of 15 feet to 20 feet to build a screened enclosure. LOCATION 395 Saturiba Drive (RE# 172020-0720) APPLICANT Cliff Carter DATE June 15, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Cliff Carter, the contractor of the proposed screen enclosure at 395 Saturiba Drive. This property is located on the Northeast corner of Live Oak Lane and Saturiba Drive in the Residential, Selva Marina (R -SM) zoning district. The applicant is seeking a variance to exceed the maximum accessory structure height to build a screen enclosure. The proposed height of the screened enclosure is 20 feet. Section 24-151 (b) (2) (e) states "accessory structures shall not be more than fifteen (15) feet in height." This section of the code also allows a reduction in the required rear and side yard setbacks to five (5) feet for these types of structures. Screen enclosures that meet the required rear and side yard setbacks of the property and that are attached to the principal structure can be considered as an extension of the principal structure and are limited to a maximum of thirty-five (35) feet. The proposed screen enclosure structure will be 5 feet from the rear and side property lines, thus the screen enclosure shall not exceed 15 feet in height per code. 1810 1 809 20 18: t. In 1.804 1164 18 16 1778 17) View from North P?ge 13 tf 1€ ) II:.".. 1.V A MAIMN A 1..,,,1,11 Pr'coamoai, ',we,. 11,,, 4,4 „, 43'4 40.04. HOW ).41, "II Ir010 Ocejli Ir"r4; AM ' dC.11 VVEL,,I,11:4,17; o „t? iv Cd Nu 0,4 L„5";../e 1;„„E.L„...ittt152.5,.. 1,„.),)' Saturiba Drive IA !1,4 l (1 III ' A lAl 3 1,„„4 11.7:5 Page 2 of 4 Ageinli !Lem 15 Jun 202 L P?ge Qf 1€ ANALYSIS AgeIIIJd ILeiIi 44.1 . 15 Jun 202'L 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. The applicant wrote, "The home is two story structure. There is a 2"d floor walkway along the back of the house with a spiral staircase. The proposed screen enclosure would meet the current roof line of the home. Limiting the screen enclosure to 15ft would make the entire walkway and staircase unusable." (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0009, request for a variance to Section 24-151 (b) (2) (e) 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: Or, (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. Page 3 of 4 P?ge 15 tf 1€ Age' lib Velli4.H . 15 The Community Development Board may consider a motion to deny ZVAR21-0009, request ror�an 202L variance to Section 24-151 (b) (2) (e), finding this request is not consistent with the definition of a variance. Page 4 of 4 P?ge 1€ tf 1€