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08.17.2021 CDB AgendaCity of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, August 17, 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 July 20, 2021 regular meeting of the Community Development Board. CDB 07.20.2021 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 135 Pine Street ZVAR21-0012 (Sondra Goldschmidt) Request for a variance to reduce the side yard setback to rebuild an existing screen enclosure. 135 Pine Street ZVAR21-0012 Application 135 Pine Street ZVAR21-0012 Staff Report 5. REPORTS S.A. Chapter 23 Discussion 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-8 9-28 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 Meetina 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 28 Community Development Board (CDB) - 17 Aug 2021 Page 2 of 28 Agenda Item #2.A. 17 Aug 2021 Present: MINUTES Community Development Board (CDB) Meeting Tuesday, July 20, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Sylvia Simmons, Member Jeff Haynie, Member Absent: Richard Schooling, Alternate Member Also Present: Abrielle Genest, Planner Brian Broedell, Principal Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. Planner Broedell told the Board that Director Askew and City Attorney Brenna Durden would not be attending this meeting. 2. APPROVAL OF MINUTES A. Approve minutes of the June 15, 2021 regular meeting of the Community Development Board. MOTION: To APPROVE the minutes of the June 15, 2021 Community Development Board Meeting. Motion: Jeff Haynie Second: Linda Lanier Linda Lanier (Seconded By) For Jennifer Lagner For Kirk Hansen For James Moyer For Sylvia Simmons For Jeff Haynie (Moved By) For Motion passed 6 to 0. 3. OLD BUSINESS There was no old business. Community Development Board (CDB) July 20, 2021 Page 3 of 28 Agenda Item #2.A. 17 Aug 2021 4. NEW BUSINESS A. 275 Sailfish Drive COMP21-0001 (Marshpoint LLC) Request for a Future Land Use Map (FLUM) amendment to change the future land use designation of 275 Sailfish Drive from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH) (existing condition). STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Planner Broedell said that the case would also go before the City Commission. APPLICANT COMMENT: Jean Bakkes introduced himself as the owner of 275 Sailfish Drive. He explained some of the history and said that he planned to renovate and keep the property as it is due to the cost of redevelopment. Mr. Bakkes is considering redevelopment in 5 to 10 years. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Carole Schwartz, 1857 Tierra Verde Drive, introduced herself. She had concerns that the new apartments might cost too much for the common man and impact the city's density. Christina Wachter, 133 Belvedere Street, introduced herself. She was happy to see that the property will be improved and spoke in favor of the request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Mr. Haynie didn't see this request as being consistent with the comprehensive plan since the property can continue as is without the requested amendment. Ms. Lanier asked if the property can be renovated without this amendment. Planner Broedell said that was correct. The property can be improved upon without an amendment however it cannot be expanded or add units. Chair Hansen asked if they could add amenities. Planner Broedell said not now but they can with an amendment change since this would be considered expanding a non -conforming use. Mr. Moyer asked if the number of units can be reduced. Planner Broedell said that they can. Ms. Simmons didn't understand the need for an amendment change if the owner wasn't going to build additional apartments. Planner Broedell said that the applicant was interested in redoing the pool, adding some gazebos, etc. The applicant was told that he wouldn't be able to do that because that would be considered expanding a non -conforming use. Planner Broedell said that the City has not received a permit request yet but it has been mentioned. Mr. Bakkes explained that the pool has been removed due to its age and disrepair. He said they may put a pool in the back of the building in the future. Mr. Bakkes said they would like to put in a grill, fire pit, etc. He said that they don't have a plan to immediately build on the property. Mr. Bakkes explained some other concerns with the property and in order to make changes he would need the amendment change. He explained that he didn't apply for a zoning change since they don't have plans at this time to build more apartments. Community Development Board (CDB) July 20, 2021 Page 4 of 28 Agenda Item #2.A. 17 Aug 2021 Chair Hansen said that he understood that the owner is restricted under the current use to add any amenities and make other changes. He was in favor of making the property conforming and allow the owner to make the improvements that need to be made. Chair Hansen said it would then give him the opportunity to add apartments in the future. Ms. Lanier asked how many properties are there that don't match the current FLUM. Planner Broedell guessed that there are approximately a dozen. She asked if they would be in front of the Board in the future to modify the FLUM if they decide to make changes to their property. Planner Broedell said that was correct. Ms. Lanier spoke in favor of the request. Mr. Haynie asked for clarification on how the FLUM amendment would make a difference to whether the applicant could add on to the property. Planner Broedell said that the applicant wouldn't be able to get a variance to expand a non -conforming use. He said it would have to be done through the FLUM or rezoning. This would include accessory structures. Mr. Moyer would have liked to see some plans. Chair Hansen said that in order for there to be an opportunity to add on to this property and have additional amenities he recommends approval of this request. MOTION: To recommend APPROVAL of COMP21-0001 to the City Commission. Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons Against Jeff Haynie Against Motion passed 4 to 2. B. 372 Ahern Street UBEX21-0004 (869, 873, and 877 Charles Allen Drive, LLC, and Jonh F. Glatting, III) Request for a use -by -exception to allow a short term rental within the Central Business District (CBD) zoning district. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. She explained that short term rentals are treated like hotels in Commercial districts. APPLICANT COMMENT: Wade Hampton, 4348 Southpoint Boulevard, Suite 101, Jacksonville was representing the owner and applicant. He explained the current use of the property and how changing the property back to a home would have a positive effect on the area. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Debbie Tufts, 397 Ahern Street, introduced herself. She was concerned about having short term rentals and asked the Board to consider this request and its affects carefully. Ms. Tufts Community Development Board (CDB) July 20, 2021 Page 5 of 28 Agenda Item #2.A. 17 Aug 2021 asked if short -tern rentals were even allowed in Atlantic Beach. Chair Hansen said his understanding is that they are not. Joyce Downey introduced herself as a previous owner and spoke about the history of the property. She explained that she just sold the property to the current owner and is renting an office there. Ms. Downey spoke against approval of the request. Carole Schwartz, 1857 Tierra Verde, introduced herself. She was not in favor of approval of this request. Brogan Canty, 395 Ahern Street, introduced herself. Ms. Canty was not in favor of approving this request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Ms. Simmons said that she would not be in favor of approving this request. Mr. Moyer had no comment. Ms. Lanier was concerned about the short term rentals having the potential for more activity than the current use. She also didn't like the fact that there wouldn't be an on -sight manager. Ms. Lanier said she would vote against it. Mr. Haynie agreed and would vote against it. Ms. Lagner agreed and said she doesn't support any short term rentals in the City. Chair Hansen said the fact that there wouldn't be an on -sight manager was a big deciding factor for him and he would not vote to approve this request. MOTION: To DENY approval of UBEX21-0004. Motion: Sylvia Simmons Second: James Moyer Linda Lanier For Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons (Moved By) For Jeff Haynie For Motion passed 6 to 0. C. 0 Tulip Street ZVAR21-0010 (Adam McQuiston) Request for a variance to install a crushed granite/gravel street in lieu of a paved street for new development. STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Haynie asked if this was based on something that was missed by the City in 2018 when another home went in. Planner Broedell said that the homeowner should have been required to extend the street to their proposed drive way. Mr. Haynie asked how far the applicant would have had to extend it. Planner Broedell said it would be approximately 150 more feet. Ms. Simmons said she didn't think it was fair for the applicant to pay for the City's oversight. Chair Hansen said that if the house in 2018 didn't get built then the applicant would still need to run the asphalt the whole distance. Ms. Simmons asked if the applicant can start the asphalt from the existing property line. Community Development Board (CDB) July 20, 2021 Page 6 of 28 Agenda Item #2.A. 17 Aug 2021 Director Broedell explained that the existing road would still need to be improved. Ms. Simmons questioned why if the applicant is the third developer why would he have to do the work of the previous developers and the City failed to catch it. Ms. Lagner asked if the applicant has to put the road in and the City is responsible for maintaining it then public works decides it's a bad plan to have gravel, will the City go in, take the gravel out and replace it with asphalt? Planner Broedell said it is possible if maintenance became a concern. APPLICANT COMMENT: Adam McQuiston, 768 Vecuna Road, introduced himself as the applicant. He explained the history of purchasing the property and the road blocks that him and his wife have run into. Mr. McQuiston said that the City is putting the onerous on a single homeowner when there are 2 homes already in existence. He showed that if the previous homeowners would have done what they should have and the City wouldn't have missed it, then he would only have to put in about 20' of asphalt. Mr. McQuiston said he was planning to put in granite slur which is similar to concrete. He went through the costs and said that after the road expense he would not be able to build his home. Mr. McQuiston went through a list of reasons to approve his request for a variance and added that he would also have to put septic and sewer. He had a few slides to show the Board so they could see the existing road and driveways. Ms. Lagner asked if he asked his neighbors if they could help financially. Mr. McQuiston said he asked one of them but didn't get any type of commitment. Mr. Haynie asked about the costs. Mr. McQuiston said it can be roughly $25,000. Mr. Moyer asked if the City is going to help. Mr. McQuiston said that he spoke to Commissioner Norris who spoke to the City Attorney and they told him to apply for a variance but there is nothing they can do. He said he spoke to the Building Department, City Engineer and Rick Carper. Mr. McQuiston would like to start building a new home within the next year but the City told him he can't begin his home until road is complete. Ms. Lagner asked who approves the road and could the applicant complete the road only to have the City not approve it thereby incurring more costs. Planner Broedell said that Public Works would have to accept it and there would be inspections along the way. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Bob Austin, 1040 Tulip Street, introduced himself and his mother who built the first house there in 1983. He explained that a cul-de-sac would be necessary. Mr. Austin said his mother is in favor of approving this request. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Ms. Simmons spoke about the history of the area and would like to see the City help that area out. She said it is not fair to put the onerous on the applicant. Mr. Moyer said that the City should let him do the gravel road and if the City ends up wanting something else then they can fix it. Ms. Lanier said she was sorry that the applicant has had to go through this. Mr. Haynie said he was in favor of granting the variance since the gravel would be far better than its current condition. Ms. Lagner said that she doesn't believe that the word "developer" in the code was meant for a single- family home builder. She didn't feel that it was appropriate for this to fall in the applicant's lap due to a City error. Ms. Lagner said that this is a City road and the City Community Development Board (CDB) July 20, 2021 Page 7 of 28 Agenda Item #2.A. 17 Aug 2021 should stop pushing its costs and development onto residents when they build a home. She said she is favor of approval of this variance. Chair Hansen explained going through a similar situation 30 years ago when he built. He had some concern that someone up the road would also want to put in gravel. MOTION: To APPROVE ZVAR21-0010 based on condition #2 and #3 of the grounds for decision criteria. Motion: Jeff Haynie Second: James Moyer Planner Broedell asked for clarity of the Boards decision and would it include a cul-de-sac. The Board concluded there will not be curbing only the granite gravel. There will not be a cul-de- sac. Motion amended: To APPROVE ZVAR21-0010 to include both the variance to the code section requiring the paving of the street and the variance to the code section requiring a cul-de- sac at the dead end of the street. Linda Lanier For Jennifer Lagner For Kirk Hansen For James Moyer (Seconded By) For Sylvia Simmons For Jeff Haynie (Moved By) For Motion passed 6 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:50 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) July 20, 2021 Page 8 of 28 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 Agenda Item #4.A. 17 Aug 2021 FOR INTERNAL OFFICE USE ONLY FILE #"EVi z -Li -0012, APPLICANT INFORMATION NAME C: -)n Ara %_ n` CM A -r EMAIL j` 6 yt/ — OMa dna r) ADDRESS 17)A Pl O l Y ��—, CITY 4191-k. C (ear h STATE vL ZIP CODE - ,Q__3 S PROPERTY LOCATION RE# LOT/PARCEL SIZE 25) b BLOCK# ZONING CODE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED PHONE #4 -1`q— OCELL# 4-6111—i0 LOT # 64e1I1 I1 Qt— Lo\-- SCJ 7i\_ UTILITY PROVIDER tik Homeoivher's Association or Architectural Review Committee approval required for the proposed construction YES , NO (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 oriainal plans. photographs or documents that are not lara_ er than 11x17 inches are submitted. please provide eia_ ht (8) copies of any such documents. 5. Application fee of $300.00. I HEREBY CERTIFY THAT A L INFORMATION PROVIDED I5 CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF APPLICANT SIGNATURE OF APPLICANT (2) Signed and sworn before me on this day of rid. ra11 Identification verified: Oath Sworn: Yes El No 19 VARIANCE APPLICATION 08.25.2020 COOWD, Gina)Chn 04- 7l) /aO- I PRINT OR TYPE NAME PRINT OR TYPE NAME otar�i na ure CHRISTIAN GILES g MY COMMISSION # HH 117153 N 1 •'• , °"1' R Bonded Thfu Cnde "mission expires 4 DATE DATE by State of County of ‘1.V\) 11.11.10.110. Page 9 of 28 Agenda Item #4.A. 17 Aug 2021 The following paragraph sets forth reasons for which a Variance may be approved, please check the 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. ❑ 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. ` INVcp-trU// iNe ITs l j-'A1lm.110ug,t, J-4 ki Coilr /- SF- (Grat y 1 %-ekbac_,lc) rv1 ` U kPa`rfern' F 96.-nMle TS a (pma_A-h� H1Ctta,-2und.Q1-fm,_Ll iu_ jy, �(4. Onerous effect of regulations enacted after platting or after development of the property or after construction of t 4 improvements upon the property. CU -WA- Sif`-uc tkr-e_ d C.UYl 51A -o rranre beer& e Vcoe mcm.1-1\tvokt-wiz t a 9- N Opp S.)-rw t cue b ai-tdf{ &(a l tw- =1 h "W pwern ok, . CQr c`tc m10-a-tl"tiiv-e tti'1e'1 irtstts ❑ 5. Irregular shape of the property warranting special consideration. K6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. cze'ds I l m. 1C0'. 7%Lt 16 - W i � f S C 9_, I {�_Q �'�' zon'n� ,aitd- �S�-a . Yhivdo�S �� a�luu� geese GFMtive0M--eiFS�ru. 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 lah Page 10 of 28 ADDITIONAL COMMENTS: Agenda Item #4.A. 17 Aug 2021 0Vci, e 1 a se,, incl -n pow Acd o� eicrb1-1 Cid-- cD1 . ov- aO 6/16 Sr_ 4 08 62_ 1(6 eflsu,,-e ;�- �s a %re ACrAlklq,8,,N5 940`)CC, Vna4- 1-e6VAI-V-at Wi-erek4- I aeck, Cone e,cA.)0 b 'b* %e back , QUbc,re.t-A9 Q6-4k1-1-- ‘10k0.60‘v->A0 41 --Ms dna @UAtes A-tmt! 19 VARIANCE APPLICATION 08.25.2020 Page 11. of 28 Doc 11 2020143043, OR BK 19273 Page 2448, Number Pages: 2, Recorded 07/10/2020 09:53 AM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18,50 DEED DOC ST $2275,00 PREPARED BY AND RETURN TO: Repass Law 111 Solana Road, Suite B Ponte Vedra Beach, FL 32082 File: 20-4057 WARRANTY DEED THIS WARRANTY DEED is executed as of June 26, 2020, by Pamela S. Cherry, unmarried whose address is 325 Royal Palms Drive, Atlantic Beach, FL 32233, hereinafter called the "Grantor"), in favor of Sondra Goldachmidt, an unmarried woman whose address is: 135 Pine Street, Atlantic Beach, Florida 32233 (hereinafter called the "Grantee). Wherever used herein, the teens "grantor" and "grantee" shall include the singular and plural, heirs, legal representatives, successors and assigns of individuals, and the successors and assigns of corporations, as the context requires. WITNESSETH: Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10,00) and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain land situated in Duval County, Florida (the "Property"), as more particularly described as: The Northerly 1/2 of Lot 681, PLAT OF SECTION NO, 3 SALTAIR, a subdivision according to plat thereof recorded at Plat Book 10, Page 16 in the Public Records of Duval County, Florida. Parcel Number: 170636.0100 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, Grantor hereby covenants with Grantee that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; and that Grantor fully warrants the title to the Property, and will defend the same against the Iawfttl claims of all persons whomsoever. The Property is subject to future taxes, easements, encumbrances and matters of record; however, this reference shall not serve to reimpose same, Agenda Item #4.A. 17 Aug 2021 Page 12 of 28 PREPARED BY AND RETURN TO: Repass Law 111 Solana Road, Suite B Ponte Vedra Beach, FL 32082 File: 20-4057 WARRANTY DEED Agenda Item #4.A. 17 Aug 2021 F,irt,11,C THIS WARRANTY DEED is executed as of June 26, 2020, by Pamela S. Cherry, unmarried whose address is 325 Royal Palms Drive, Atlantic Beach, FL 32233, hereinafter called the "Grantor"), in favor of Sondra Goldschmidt, an unmarried woman whose address is: 135 Pine Street, Atlantic Beach, Florida 32233 (hereinafter called the "Grantee). Wherever used herein, the terms "grantor" and "grantee" shall include the singular and plural, heirs, legal representatives, successors and assigns of individuals, and the successors and assigns of corporations, as the context requires. WITNESSETH: Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain land situated in Duval County, Florida (the "Property"), as more particularly described as: The Northerly 1/2 of Lot 681, PLAT OF SECTION NO. 3 SALTAIR, a subdivision according to plat thereof recorded at Plat Book 10, Page 16 in the Public Records of Duval County, Florida. Parcel Number: 170636-0100 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, AND, Grantor hercby covenants with Grantee that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; and that Grantor fully warrants the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. The Property is subject to future taxes, easements, encumbrances and matters of record; however, this reference shall not serve to reimpose same. Page 13 of 28 Agenda Item #4.A. 17 Aug 2021 IN WITNESS WIIEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: Sign: Witness # Print: CU /2.'775 Sign: Witness 2' Print: STATE OF FLORIDA COUNTY OF ST. JOHNS Pamela S. Cherry I hereby certify that the foregoing instrument was acknowledged before me by means of physical presence or _ online notarization, this 2 day of June, 2020 by Pamela S. Cherry They [ ] are personally known to me or,Jhave produced :6/2 i _-3rz s i a ; as identification. Affix Notary Stamp or Seal Below: Ant' "Okc CURTIS KEITH HARDY I t,• MY COMMISSION # GG 354080 EXPIRES: July 11, 2023 )') :!: Bonded Thru Notary Public Underwriters NOTARY P' — signature above Printed Name: Page 14 of 28 MAP SHOWING BOUNDARY SURVEY OF NORTHERLY 1/2 OF LOT 681, AS SHOWN ON MAP OF PLAT OF SECTION NO. 3 SALTAIR AS RECORDED IN PLAT BOOK 10, PAGE 16, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLA. CERTIFIED TO: PAMELA S. CHERRY; WATSON TITLE SERVICES OF N. FL., INC.; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; BANK OF ENGLAND SCALE: 1"=20 DATE: 09/13/19 Lci 3 Ct 2 .h (f oNfek t /NJT. SO R/W) / tor 57279 szt. 68p ro0 1°C7/3.) t) 23. WAIL sots Nor - Pror1/2 /. coos SACT) CJS Or SVR 81 tor 682 6.0 iTyplC,4� FENee THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS THAT ARE NOT SHOWN BEARINGS SHOWN HEREON ARE ASSUMED ON THIS MAP THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. UNDERGROUND FOUNDATIONS/UT1 MES NOT LOCATED THE LOT SHOWN HEREON IS IN FL000 ZONE "X" AS SHOWN ON FLOOD INSURANCE RATE MAP 12031C0409J FOR DUVAL COUNTY, FLORIDA, DATED 11 /02(18. C & C LAND SURVEYORS, INC. . 774 STATE ROAD 13, &rt. 4, ST. JOHNS, FLORIDA 32259 (904) 287-040" - LICENSED BUSINESS NO. 7390 ham zaAnoNs ao A - ARC LENGTH N.G.V.D.- NATIONAL GECOEIIC (ACT) - ACTUAL VERTICAL DATUM B.R.L - BUILDMC WON. - MONUMENT RESIRICRON UNE CN - CHCO NSTANCE CONC.- CONCR - ECN1ERUNE DLTA ESMT — EASEMENT_ F.F.E. - MON FL00R F. A 6ltNO ON PO. PPE . • sm LS (P) s PP OIyur C r T OF CURVATURE P.C.C. - PONT Cr COMPOUND CURVATURE P.I. V PONT Gf IN1FRSECTION P.R.C. A PONT OF REVERSE TT CURVTATURE RJW - M- POCc TANGENCY OLT OF WAT ` WAS a gas wild= ▪ Sm SURVEYOR P.N.T. 11.RNNT OF NON - TANGENCY F.B. 124:68 DR. BY SCC ALL MAPPED FEATURES SHOWN HEREON WERE PERFORMED UNDER MY DIRECT SUPERVISION AND DIRECTION. THIS MAP/SURVEY MEETS THE STANDARDS OF PRACTICE ESTABLISHED BY THE BOARD OF PROFESSIONAL S.1RVEY.Q AND -"MAPPERS PURSUANT TO CHAPTER 472.027 FI.ORJAST FLORIDA AOMINISTRA1t$ (• ARO- CHAPTER 54-17 7Hf5 _¢ 7�VEY f$ Nif1 mib •,VdTi'I.OLIT-1IGRATUR •' HNC `R SEb SEAL' PR ONAL:SURVEYOR -de INAPPER`N0: tE 6076 DIR. D:/DWG/2019 ORDER NO. 19-401 SCREEN ENCLOSURE LIKE -FOR -LIKE VARIANCE REQUEST SONDRA GOLDSCHMIDT 135 PINE ST., ATLANTIC BEACH, FL, 32233 PROJECT REQUEST There is an existing concrete slab underneath the existing covered screened wood area. The proposed project is to tear out the enclosure and the wood deck in this space. We would then add concrete on top of the existing footprint to bring it level with the house. A like -for -like Footprint will be maintained. The screen enclosure will go on top. $ kOP 8@ 7210,2E o 7©© Too CP) (Al —• Screen Enclosure Like -for -like ,Ys 100. r , 'c7) 1 us` sse, �P) 1 Impact Enclosures Inc. to perform the project. Their submission request: "There is an existing concrete slab underneath the existing covered screened wood area. The proposed project is to tear out the enclosure and the wood deck in this space. We would then add concrete on top of the existing footprint to bring it level with the house. A like -for - like footprint will be maintained. The screen enclosure will go on top." DILEMMA: "In order to be approved by zoning, the screen enclosure must meet the side yard setbacks of 5 feet. The current setback is 2 feet from the south property line. To meet setbacks, the width of the structure must be reduced 3 feet on the south side of the property." 141 Lid Q • €LJULF/I II IL LU UI II ly IL ICVCI VI/Ill I LI IC IIVUDC. A like -for -like footprint will be maintained. The screen enclosure will go on top. s7 LQr 680 ?7g.�2�e TOQ %--• Screen Enclosure Like -for -like PV Npr LOT 882 A-. 0 THE CURRENT STRUCTURE PRE -DATES 2004 DUVAL AERIAL 2004 DUVAL AERIAL 2013 SOURCES: H J S: fI I A L THE CURRENT STRUCTURE PRE -DATES 2004 DUVAL AERIAL 2015 DUVAL AERIAL 2020 SOURCE: H CC•J,N Tr Dir,,, LPTV 1_i LT,A PX?1, G—ii`d+G =170 3 -0100## LOT REQUIREMENTS ZONING DISTRICT RS -2 =?: OFATIANTFEEFAC.1 SOURCE: LOT REQUIREMENTS STRUCTURE PEQUREEiES T Widm Lo. AM€3 Let P-€gS.=. ..., F,,t s.'@. ?S %! 01: 41,P ,,Llai i ft Strip t. SHUN CFs�i MAN EHIght MY PROPERTY IS ONLY 25 FT. WIDTH, INSTEAD OF 75 FT. THIS COMPLICATES THE SIDE SETBACKS (5 FT.) AND MOVING THE STRUCTURE ANY W ELSE IN THE BAC\YARD. IN ADDITION, , IT IS A GRANDFATHERED IN STRUCTURE(\ FOR THE � CURRENT PLACEMENT (#A}moi THERE IS A CEMENT SLAB ALREADY UNDER THE STRUCTURE. rYil1UNi OLL, Oi-1;' if'-: L-: Y i -: ;' Oi ;'BOLL i i Y-: Y ?NO iii =P i!COOi CH24L-:DER c CURRENT STRUCTURE PICTURES PRE-EXISTING CEMENT SLAB UNDERNEATH THE WOOS DECK. THERE LS A FOUNDATION WALL WHICH THE PORCH RUNS AGAINST. THE 5 FT. SIDE YARD SETBACK CANNOT MEET THIS WITH THE EXISTING FOOTPRINT. SOURCE: HTTPS://WWW.ZILLOW.COM /HOMEDETAILS/ 135-PINE-ST-ATLANTIC-BEACH-FL-32233/44616237_ZPID/? -1F 1,0,1 Syll IIIIIIII�I�Y. �� 411111111111111 �� uIII,,II IIII ,I'�Itlu Nl��lliiiuuul �Olol1m11m �IIIIIII�'I�II ' Illj�'1 �II4�Pi i�? 111111111111 �� . 11111111 111111 1111111111111111111111111111111111111111 . 1DDDDDD1l 1111111111111 II n� mclb„1„MMII������y , SFW Ih1i111lllllllllllllllllY III�I�` � f�1Y�11I1I1II`I9II�I 1�I1�1�1111I1�1 NiaI illlllllIlfl,ll I I I iI III I ' iiillllll1iti`wIII1llYINllllllll1 1IIIIIi011111,p, SII" lo�l�l"' „wa IIS I 11d1�u'',p�uIIlIIllll!01 1;1 i � "IIIIIIIU i 111 D 111'117i II I ul utlll� 11IV"SII ��� I lull ,Ih ' ilial Page 24 of 28 Agenda Item #4.A. 17 Aug 2021 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0012 Request for a variance to reduce the side yard setback to rebuild an existing screen enclosure. LOCATION 135 Pine Street (RE# 170636-0100) APPLICANT Sondra Goldschmidt DATE August 17, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Sondra Goldschmidt, the owner of the townhome at 135 Pine Street. This property is 25 feet wide by 100 feet deep and is zoned residential, single-family (RS -2). She purchased the property in June of 2020. The existing two-story townhouse was built in 1979 with a patio in the rear. In 1985, a permit was granted for a wood porch to be constructed over the existing patio. The porch was later enclosed without a permit. The porch had a proposed setback of three (3) feet from the property to the south and met the existing zoning code. Per section 24-82 (a) decks and patios less than thirty (30) inches are not subject to the required setbacks and can be built up to the property line. 46 102 15, 147 12< 121 110 112 Based on aerial photos the porch was illegally converted into a screened enclosure sometime between 1985 and 2004. The current survey (2019) shows the existing screened enclosure setback two (2) feet from the neighboring townhouse. Since the screen enclosure is attached to the primary structure it would need to meet the required side yard setback. The applicant is seeking a variance from Section 24-106(e) which requires a minimum side yard setback of five (5) feet. The applicant would like to remove the existing screened enclosure and wood deck and construct a screened enclosure with the same side set back of two (2) feet. The proposed new screened enclosure is proposed to be placed in the same location as the existing non -permitted enclosure. Page 25 of 28 Agenda Item #4.A. 17 Aug 2021 Due to the lack of the required five (5) foot required side yard setback the existing non -permitted enclosure is nonconforming. Section 24-85(b)(6) states "the voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction there after shall comply with the terms of this chapter". galrrr' �' ; on ex inning cr4r�-urtrt� �,,IIntorarnOkekrrrtroth the 0 ld ll°1'rling 1";V„'4'W'011"lf'"r1 'r,;rir"Plk,r10,,,rII W,I)10 al'4001„ 1lNtrr' Iprrpil',r•rt Erroya°Cir 05 4r, rr•oir onto( t P 00010110' NI^°i ,c, l .Iroklk '11:Ir0o:' r'er:)O;V deck pili thiLk 'k4C Ln+_t. We wth.11LII tVeeuu dtkki LvoLtetw 'orr Luo crll"thk: t,rcw',r,lrli. 110.11(04IV11t tC, IL, ib 01014 111 Level wwltto Lk ie., Vrekurar F I 11 sc':.-• - tr0 0- 0110e t'r'b,ru,t100000t'wv0k! dare 1trorikrttrAhn.rt. Ihr ,+crukkeru onc Ilocal Icor 'NI kll gine on Lola. tor L11kt-tor-VVIokr. 0 CURRENT STRUCTURE PICTURES -4 dt9 kW I PRE -R XV ST1N'�:a CEMENT SLA,F d../PNDFJa".IHFATH THE 9/ TmSC'E DECk.. THERE LSAF LIND TON 9VAA dr bNrE'-fIcH THE PORCH BUNS AGA IT ST. THE 5 F7. ;IDE r ARD SETBACK CANNOT LEFT THP"I ORM THE FXY`T+NG FOO/FP/NT. SOURCE: HTTPs:/IWWWW,21LLOW.0 CSM/HOMEUETAI25/➢35-PINE-ST-ATLA-BE4CH-EL-3223.31446I6237_ZPID/'U Page 2 of 4 • Page 26 of 28 Agenda Item #4.A. 17 Aug 2021 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 terns 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, "The structure is on a townhouse, therefore I cannot be 5 ft. (side yard setback) from my neighbor (connecting house). There is a cement slab already there underneath the wooden structure-. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant wrote, "The current structure and cement slab have been on the property since 1995. The variance request is to improve this structure by building a like -for -like replacement on the cement slab. Cannot move the cement as already at the 45% impervious surface. (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 applicant wrote, "The width of the property is 25' and the length 100'. The lot width is under the 75' requirement for zoning district RS -2. This does not allow ease of movement of structure to fit in the required setback of 5'. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0012, request for a variance to Section 24-106 (e)(3) 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. Page 3 of 4 Page 27 of 28 Agenda Item #4.A. 17 Aug 2021 Or, The Community Development Board may consider a motion to deny ZVAR21-0012, request for a variance to Section 24-106(e)(3), finding this request is not consistent with the definition of a variance. Page 4 of 4 Page 28 of 28