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09.21.2021 CDB AgendaCity of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, September 21, 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 August 17, 2021 regular meeting of the Community Development Board. CDB 08.17.2021 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 1912 Sherry Drive North ZVAR21-0013 (Rawan Kablawi and Andrew Bussey) Request for a variance to exceed the maximum height and size allowed for a detached garage within the Residential, Selva Marina (R -SM) zoning district. 1912 Sherry Drive North ZVAR21-0013 Application 1912 Sherry Drive North ZVAR21-0013 Staff Report 4.B. 737 Triton Road ZVAR21-0014 (Benjamin Newell) Request for a variance to build an addition within the 25 foot Building Restriction Line (BRL) at 737 Triton Road. The proposed addition would be 20 feet from the south property. 737 Triton Road ZVAR21-0014 Application 737 Triton Road ZVAR21-0014 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-5 7-16 17-29 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. Page 1 of 29 Community Development Board (CDB) - 21 Sep 2021 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 2 of 29 Present: Absent: Also Present: Agenda Item #2.A. 21 Sep 2021 MINUTES Community Development Board (CDB) Meeting Tuesday, August 17, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, CDB Chair James Moyer, Member Sylvia Simmons, Member Richard Schooling, Member Jeff Haynie, Member Ellen Golombek, Alternate Member Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 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 July 20, 2021 Development Board. MOTION: To APPROVE the minutes of the July Meeting. Motion: Jennifer Lagner Second: Jeff Haynie Linda Lanier Jennifer Lagner (Moved By) Kirk Hansen James Moyer Sylvia Simmons Richard Schooling Jeff Haynie (Seconded By) Motion passed 7 to 0. regular meeting of the Community 20, 2021 Community Development Board For For For For For For For Community Development Board (CDB) August 17, 2021 Page 3 of 29 Agenda Item #2.A. 21 Sep 2021 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. 135 Pine Street ZVAR21-0012 (Sondra Goldschmidt) Request for a variance to reduce the side yard setback to rebuild an existing screen enclosure. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Sondra Goldschmidt introduced herself as the owner of 135 Pine Street. She said the structure being built would be like -for -like replacement of the existing screen enclosure. Ms. Goldschmidt said she is wanting to change the type of roof and make everything safer. She gave the Board a few pictures. Ms. Simmons asked about the width of the enclosure. Director Askew said it was 11 feet 4 inches but wasn't sure about the depth. Ms. Goldschmidt explained that moving the porch south to meet the side yard setback would then impede on the other setback on the north. Mr. Schooling asked if it satisfies rear yard setback and she said it would. Mr. Haynie asked if the owner of the other townhouse was Ryan who sent the email in support and who was in the audience. Ms. Goldschmidt confirmed and said his brother Chris was in the audience also. PUBLIC COMMENT: Chair Hansen read an email from the neighbor who is in favor of granting the variance. Chair Hansen opened the floor to public comment. There being no public comments Chair Hansen closed the floor. BOARD DISCUSSION: Ms. Simmons asked if a townhouse patio could be on the property line. Director Askew said that a patio can go to the property line because it is under 30 inches. She said the owner at the time probably added the enclosure later. Mr. Schooling asked if there was anything in the code that addressed the shared lot line of townhomes or duplexes since by their very nature they are legal non -conforming. Director Askew said there isn't a provision in the code but they would be opening up Chapter 24 soon and that there would be a provision that will be written into the code. MOTION: To APPROVE ZVAR21-0012 based on condition #3 of the grounds for decision criteria. Motion: Jennifer Lagner Second: Jeff Haynie Ms. Simmons questioned the condition that the decision was being based on. Ms. Lanier explained that if you have 5 feet setbacks on each side of a 25 feet wide lot then you only have 15 feet remaining to work with. Community Development Board (CDB) August 17, 2021 Page 4 of 29 Agenda Item #2.A. 21 Sep 2021 Linda Lanier For Jennifer Lagner (Moved By) For Kirk Hansen For James Moyer For Sylvia Simmons For Richard Schooling For Jeff Haynie (Seconded By) For Motion passed 7 to 0. 5. REPORTS There were no reports. A. Chapter 23 Discussion Director Askew presented information regarding newly updated Chapter 23 (Tree Code). A PowerPoint presentation was provided. She explained that there was a lot of work by all involved to develop this section of the code. Director Askew said the major changes were the definition of a regulated tree, the mitigation requirements and the appeal and variance process. She explained how the mitigation and Tree Fund works. Director Askew presented a chart that explained how mitigation works. She said that some appeals of Staff decisions are made to the ESC Tree Sub -committee. Director Askew said the CDB would be hearing variance requests and can give relief to the Tree Code with guidelines that she explained. She said that Staff would provide a Staff Report and Presentation just as they do now. 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:28 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) August 17, 2021 Page 5 of 29 Page 6 of 29 VARIANCE APPLICATION City of Atlantic Beach 800 Seminole Road Atlantic BeachFL 32233 (P) 904-247-5800 INFORMATION APPLICANT NAME Rawan Kablawand Andrew Bussey ADDRESS 1912 North Sherry Drive PROPERTY LOCATION 1912 North Sherry Drive FOR INTERNAL oFncgUSE ONLYAgenda Item #4.A. FILE # ZVARZ1-002135ep 2021 EMAIL ribussey5opgmail.com CITY Atlantic Beach STATE FL ZIP CODE 32233 PHONE # 205-586'5734 CELL # RE# 72020-0028 BLOCK# sELVAMARINA UNIT l0 -C LOT# 12 LOT/PARCELS|ZE 18019 ZONING CODE UTILITY PROVIDER JEA COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION R -SM PROVISION FROM WHICH VARIANCE IS REQUESTED Seeking a variance from 24-109(c)(1) to increase the size and height of a detached garage. Homeowner's Association mrArchitectural Revmw[nmmmhteeappnova required for the proposed construction El YES El NO (if yes, this must be submitted with any applicaton 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 olan 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. Ifthe applicant 15 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 llx inches are submitted. please provide eight (8) copies of any such documents. G.Ap"ication fee wf$3O0.O0, 1 HERE CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent Rawan Kablaw PRINT OR TYPE NAME Andrew Bussey PRINT OR TYPE NAME s // ot-t | ? DATt DATE Signed and sworn before me ----�--- (944 day of /� /�J)�� by Stateuf z� �-//)^�l _ ' Identification verified: Oath Sworn: Yes County of j)( rq • Notary Public • State of Florida , Commission wHHm35n My Comm. Explres Feb 16, 202 19 VARIANCE APPLICATION 08.25.2020 29 vnevonmmwong paragmmpn secs TOM reasons TOKWnnM a variance may be approved, pTegiSti"tneoKtrne'21 Sep 2021 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. [g] 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. We purchased the original honie with a narrow wider single car garage. We had wanted to increase the size of the garage however that would have required the removal of an existing 52" Live Oak, which we want to keep and preserve. We are requesting a variance to increase the footrint of the detached naraoe to ?SO sf to allow for an SUV for daily narkino and snare for an additional sedan should bad weather and hurricane occur. Fl 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property FlSi Jrregular shape of the property warranting special consideration. Fl6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. ApprovalofaVariance. 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-submit-tal. 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 iVariance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shalt 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 arid shoji run,with the title to the Property unless otherwise stipulated by the Community Development Board ' ;;:r'� � \ �19 VA RIANCF APR WATSON oR 2; )117n On r -r,, evf ADDITIONAL COMMENTS: etgCllycl JLC1,11 tri 21 Sep 2021 We purchased the original home with a narrow wider single car garage. We had wanted to increase the size of the garage however that would have required the removal of an existing 52Live Oak, whkh we want to keep and preserve. We are requesting a variance to increase the footrint of the detached garage to 250 sf to allow for an SUV for daily parking and space for an additional sedan should bad weather and hunkane occur. De -r, 0"f 10 ;rrk.wred by: Beth Murphy Richard T. Morehead Title & Escrow, (nc. 444 Third Street Neptune Beach, Florida 32266 File Number: 18132501 \V\001,5lc \k.s,0(xXf General Warranty Deed Agenda Item #4.A. 21 Sep 2021 Made this August 7, 2018 A.D. By Frances A. Bailie aka Frances Bailie, a single person, whose post office address is: 10500 Fountain Lakes Drive, Apt. 413, Stafford, Texas 77477, hereinafter called the grantor, to Rawan Kablawi and Andrew Nathan Bussey, wife and husband, whose post office address is: 1912 Sherry Drive North, Atlantic Beach, Florida 32233, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns olcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Duval County, Florida, viz: Lot 12, Selva Marina Unit 10-C, a subdivision according to the plat thereof recorded at Plat Book 37, Page 40, in the Public Records of Duval County, Florida. Parcel ID Number: 172020-0826 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 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 3 I, 2017. DEED Individual Warranty Deed - Legal on Face Page 10 of 29 LOT 11 LOT 12 (PLAT & MEASURED) N89°08'46 "E 70.00' FOUND 1/2" IRON PIPE NO IDENTIFICATION _0T 28 7 TEMPORARY AE CONTAINSTORGER 10 8.0 MASONRY WALL MASONRY WALL FOUND 1/2" IRON PIPE NO IDENTIFICATION CONCRETE STEPS SELVA MARINA UNIT 10—C, PLAT BOOK 37, PAGE 40 LOT 11 Z" PoN4p1EPST) PE Np IDENr FIc4101 0.5 1/2" PIPE FpUND NO !DENTIFICPTIO LOT 27 CALCULATIONS )051 SQUARE FEET SQUARE FEET 3,0491 4311 3101 6s— , 2`36 82 76) 2 • 93(�e4so CABLE TV ® RISER BOX LOT 13 FOUND 1/2" IRON PIPE NO IDENTIFICATION KITES THIS PROPERTY LIES IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP (FIRM). CITY OF ATLANTIC BEACH. DUVAL COUNTY. rUMBINITV Nn 120075 MAP/PANFI Nn 12021r-0407-.1 \ LOT 10 FOUND 1/2" IRON PIPE NO IDENTIFICATION w )• S20°36'40 "W 40.44'(PLAT) ARC=41.63" DELTA=4742"36" RADIUS=50.00' S2117'59 "W ARC=41.29' DELTA=46' 16'55 NORTH SHERRY DRIVE RADIUS=50.00' (CUL—DE—SAC) 40.16 (MEASUF " RADIUS=51.10' CERTIFIED 10: ANDREW NATHA REVISED IMPE REVISED 12/14/2020 TO UPDATE BOUNDARY SURVEY, SHOW2021 TO UPDATE BOUNDARY SURVEY ANDECALCULATE IMPRROVEMENTS DURDEN SURVEYING AND MAPPING, INC. ORS 111H AVCAII IC Cr111 H I HEREBY CERTIFY THAT MINIMUM TECHNICAL STI THE FLORIDA BOARD OF SECTION 472.027 FL 5J17 FLOR Page 12 of 29 Agenda Item #4.A. 21 Sep 2021 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0013 Request for a variance to exceed the inaxiinuin height and si:e for a detached garage in the Residential, Selva Marina (R -SM) zoning district. LOCATION 1912 North Sherry Drive (RE# 172020-0826) APPLICANT Rawan Kablawi and Andrew Bussey DATE September 21, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS 11„1 Rawan Kablawi and Andrew Bussey, are the applicant and property owners of 1912 North Sherry Drive. This property is located at the northwest side of the cul-de-sac on North Sherry Street in the Residential, Selva Marina (R -SM) zoning district. The applicant is seeking a variance to Section 24-109(c)(1) which states; "Detached garages, guest house or guest quarters, sheds, gazebos, pergola, and other similar detached structures shall comply with the following: a. Maximum height: Fifteen (15) feet b. Maximum size: One hundred fifty (150) square feet; and c. Setbacks: Five (5) feet from any rear or side property line". 1959 027 1:,21 1000 11,50 1,61 100-1 1'115 The R -SM zoning district replaced 11 separate PUDs with varying design requirements. When these PUDs were combined into a single zoning district for development of single-family residential areas that were originally developed as Selva Marina and Selva Tierra Planned Unit Developments (PUDs) during the 1970s and 1980s. This zoning district has specific accessory structure design requirements. Other than the R -SM, Planned Unit Development (PUD) and Special Planned Areas (SPA) zoning districts, accessory structures are regulated in Section 24-151. The differences between the R -SM accessory regulations and accessory regulations for other zoning districts are listed in the table below: Section 24-109 (c) Section 24-151 (d) Section 24-151 (e) R -SM Accessory Regulations Max. height 15' 15' 25' Max. size 150 sq ft 600 sq ft. 600 sq ft. Side/rear yard 20' 5' 10' setbacks Setback from 5' 5' 5' house Page 13 of 29 Agenda Item #4.A. The applicant is seeking a variance to build a 250 square foot detached garage in the rear yard that41 2021 feet 2 inches in height. Under the R -SM district the detached garage exceeds the maximum size by 100 square feet and the maximum height by almost five (5) feet. Due to the maximum lot coverage regulations the applicant is also proposing to remove some impervious areas to accommodate the proposed garage. wpA:s ret, iJ N89'O'6"464E 7000' AVOW iwul M7P.WlmpMMoNA 'IIX Aug 10, 2021j Y„d'wllIX ml l�lll,l lul Ix.wdn'i� ° N I ,A', nds II' , S'1:11* I04r'm A kIwrlo' N, - 9w. IX RECEIVED LOT 27 d'D'Dr N"'lnemdl GIw.01244,011uppww' 4,Ef H4^'. APAA. Ao wrm, Oa, 2V9"F 0014 . � 4.4 N NI,NwNi0M AVN/A..A.AA,I,Ato ”Ao N".H'WM'K`N MI* Hid.duSM'Yr . 5rw;'!!Id Li'l. 5f GAhr�LAdat, arloYC € 4 ..511 Ott Ii``c.a^i S G' Page 2 of 4 AAN oo,A, IVY MA MmwgY Ip ArC H tl,'hlMroi&,"A'MCW, II MN dl',M iN,'s iil',wWI " dM,igI JAAKIW» wANAAA001 AAAA NQ l'AAA,plli AI"'I" VxM'\,A,AAiA' iw'��M: N� nWhIM I�CWMMIx i'i YIIWyn,iAW"'r Mn�I�V'I�M'e�V1i, w miHxu„ am I�Nli�;l�i�il', �uMry'u�""A Mrtm! +w"M�wiwl�w w n. �'n" i*,i Amu., ,Noy n!Y 'o,uu„nwlwu'� nd4u %+ itW x�uw i��ul 01101, ql I401,010N1 0' 010 00 00 0.01 ,1"+'w4( P'IiV'�q W'1' xiN Nm4VN'IXI malW'i'YT5 a run1v IXnrcp'Irm IhgiWp Ivan wM proptlWw wM'Y'i MW IVAHHN V*, MNM yMg. 00 iclwyNl,W IIX^SII _! vlit AIR,A 4,II '' iIN' ,M,' AMNV©N***I4 Y'M VM0.M*N'.Y* Page 14 of 29 iS ant Aug d23'w 2021 11:13 am, A4u9 10, 2021.) ANALYSIS Agenda Item #4.A. 21 Sep 2021 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. The applicant stated, "We purchased the original home with a narrow wider single car garage. We had wanted to increase the size of the garage however that would have required the removal of an existing 52" Live Oak, which we want to keep and preserve. We are requesting a variance to increase the footprint of the detached garage to 250 sf to allow for an SUV for daily parking and space for an additional sedan should bad weather and hurricane occur". (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. Page 3 of 4 Page 15 of 29 Agenda Item #4.A. (6) Substandard size of a lot of record warranting a variance in order to provide for the reason/5 p 2021 use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0013, request for a variance to Section 24-109 (c) (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 ZVAR21-0013, request for a variance to Section 24-109 (c) (1), finding this request is not consistent with the definition of a variance. Page 4 of 4 Page 16 of 29 VARIAN CE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL3I233 (P) 904-247-5800 APPLICANT INFORMATION NAME Benjamin Newell ADDRESS 737 Triton Rd PROPERTY LOCATION RE# LOT/PARCEL SIZE 7,988 sqft 737 Triton Rd Atlantic Bch, Fl 32233 BLOCK # 11 FOR INTERNAL Ai_ FILE #z_vr`/�2/-uu/� EMAIL benjamin.s.newell@gmail.com CITY Atlantic Bch ZONING CODE RS -1 COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Residential STATE FL PHONE # 904-891-8303 ZIP CODE 32233 CELL # UTILITY PROVIDER JEA PROVISION FROM WHICH VARIANCE 15 REQUESTED Section 24-17 in the definition of a building restriction line. It describes the City shall enforce building restriction lines when greater than the minimum yard requirements of that zoning district Homeowner's Association or Architecural 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 olan must dearlv describe and deDict the Variance that is reauested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application 15 schedu!ed 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, photoaraphs or documents that are not laraer than 11x17 inches are submitted. please provide eiaht (8) copies of anv such documents. 5. Application fee of $300.00. 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED 15 CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF APPLICANT (2) Benjamin Newe SIGNATURE OF APPLICANT PRINT OR TYPE NAME PRINT OR -TYPE NAME Signed and sworn before me on this .G.to day of Att 5T Identification verified: ,~P e v-Stw-Ncatn Oath Sworn: gYes No ,oVARIANCE APPLICATION 0a25.2oz0 4 .71�� ANGELA vSCARBOROUGH Notary Public • State of FIorda Commission wWoz781a5 My Comm. Expires Mar 14, 2023 08/24/2021 DATE DATE . aMQ by State of County of ���~`�^- ^�x��� Notary Signa ure My Commission expires rO.)^_ l"L +77: -,NO' The following paragraph sets forth reasons for which a Variance may be approved, plegNedthilekithtliB' circumstances that apply to your request and briefly describe in the space provided. 21 Sep 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. 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. 25'BRis platted in 1960s are preventing reasonable use of the property compared to the restof residential properties in Atlantic Beach. AB commission voted to remove BRLs in Royal Palms neighborhood in 2009 so that standard RS -1 setbacks would appiy. These BRLs were not ~~~'.-1 el, ..~~^`......./.^/..�n.-1.e1 fr..~^mn -5<1 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. ...PenlOVed due to the technicalities of replatting,Oot because they were deemed necessary to keep. Our corner lot is exceptionally affected due to front AND side yard BRLs. 4. Onerous effecof regulations enacted after platting or after development of the property or after construction of improvements upon the property See above. 5. Irregular shape ofthe 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 ofthis Chapter. b. Approval of Lesser VariancesThe 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 ofdenial. e. Time period to mplement 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 Deveopment Board. 19 VARIANCE APPLICATION 08.25.2020 ADDITIONAL COMMENTS: The variance will be used to add an addition onto our home in order to support our growing family. 19 VARIANCE APPLICATION 08.25.2020 Agenda Item 21 Sep 2021 \5 PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CERTIFIED TO: BENJAMIN NEWELL AND CORRINE VOIGHT, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, GIBRALTAR TITLE SERVICES, LLC AND WHITNEY BANK DBA HANCOCK BANK LOT — 2 BLOCK — 11 N 82'43'58” E 93.00' (R) N 82'3412- E 93.06' 04 ----CJ 0.6'BTN ow 0.4' ..... . 5/8" REBAR 3, BLOC'.( 11 — , 0.5' 0 'CP <31. 1 /2" REBAR 0.1" 20 DRAINAGE & UTILITY EASEMENT AC PAD DECK--- ; KIT HEN 25 BEDROOM AGE 25. \ AGE 11.0' 45.6' 1 ST0' BRICK NO.737 LIVING BATH 25' BRL 56.4' CONC ••• LOT — 1 BLOCK — 11 • in 20 :• • • Ccitc,• of.klvE BEARING REFERENCE LINE 1/2" IRON PIPE N 85'37'27" W 94.92' (M) :4, N 85°37'27" W 94.95' (R) TR/TON ROAD (60 R.,41/) • - . • 5/8" REBAR 2.24' NW'LY 1/2" REBAR LB7337 CURB & CUTTER FLOCO ZONE "X" . AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FL000 PLAIN / FLOOD ZONE "X (SHA)ED)" • AREAS OF 0,22 ANNUAL CHANCE FLOOD; AREAS OF IX ANNUAL CHANCE WTH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR IMTH DRAINAGE AREAS LESS THAN 1 SOUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IX ANNUAL CHANCE FLOOD. GENERAL NOTES: 1. BEARINGS ARE BASED ON PLAT BOOK 31, PAGE 180 A SSOCIATED SURVEYORS INC. LAND & ENGINEERING SURVEYS 3846 BLANDING BOULEVARD JACKSONVILLE, FLORIDA 32210 904-771-6468 2, STRUCTURE NO 737 SHOWN HEREON UES WTHIN FLOOD ZONE-A—AS BEST DETERMINED FROM F.EIA.A. FLOOD MAPS PANEL N0.,9L DATED 06/03/2013 3. THIS IS A SURFACE SURVEY ONLY, THE WENT OF UNDERGROUND FOOTINGS, PIPES AND UTILITIES, IF ANY, NOT DETERMINED. 4.JURISDICTIONAL AND/OR ENVIRONMENTALLY SENSITIVE AREAS IF ANY, NOT LOCATED BY THIS SURVEY 5. THIS SURVEY BASED ON LEGAL DESCRIPTIONS FURNISHED. THE PUBLIC RECORDS WERE NOT SEARCHED BY THIS SURVEYOR FOR EASEMENTS, TITLE, COVENANTS, B.R.L'S RESTRICTIONS, CLOSURES, TAKINGS OR ORDINANCES, ETC. 6. THE HEAVY UNE SHOWN HEREON, MAY NOT INDICATE ACTUAL OMIER'SHIP. 7. UNLESS OTFIERNSE STATED ALL IRON PIPES FOUND HAVE NO IDENTIFICATION, CERTIFICATE OF AUTHORIZATION NO. LB 000548E3 EN I HEREBY CERTIFY THIS SURVEY WAS DONE UNDER MY DIRECT SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING PURSUANT TO CHAPTER 5J-17.050 THROUGH 7.052, FLOR Er AD INISTRATIV CODE. CHAPTER 472, F.S. AC = AIR CONDITIONER BRL BUILDING RESTRICTION LINE BT = BUILDING TIE BTN = BETWEEN (0) = COMPUTED FRITH RECORD C&R = COVENANTS & RESTRICTIONS CH = CHORD (CNR) = CAN NOT READ CONC = CONCRETE COV1 = COVERED EB ET JEA B L 9 LB R LS r 1 OD PSH = PROFESSIONAL SURVEYOR & MAPPER R = RADIUS (R) = RECORD RLS = REGISTERED LAND SURVEYOR R/I4 = RIGHT OF WAY TYPI = TYPICAL 0 • ...... • • • SET IRON PIPE OFI REBAR "ASSOC SUMP OR LB. 5488 -F01.$10 IRON PIPE OR PIN (IP) -FOUND CONCRETE MONUMENT (CM) ROSS CUT OR DRILL HOLE = LENGTH OF ARC NAIL & DISC = LICENSED BUSINESS —X—X—X—X—X—X—X— CHAIN LINK FENCE LICENSED SURVEYOR METAL FENCE = MEASURED WOc crkirV . ELECTRIC BON • • = ELECTRIC TRANSFORMER & PAD • = JACKSONVILLE ELECTRIC AUTHORITY x ktltlkodltlotltlytl4e. ""tl, tltltl' tl*,0,1400,0.4tltloitletltletltltltl,tl,yotltlItltlAtlitlotltltltltl, „ 004.tltltlImtltln, „ ktlutptlti tlItl ' tl,tlo,ttl‘ * '1'. '40*.,4tl'`rn'tl tl 1**41'"4C*444tl'* 4'41", 4'11' ***1561* 1000c:' otl,tl, . ,.„ ' 'tltl:tltl \ \ 5' 1/2" IRON PIPE PUBLIC RECORDS OF 'DUVAL COUNTY, FLORIDA. CERTIFIED TO: BENJAMIN NEWELL AND CORRINE VOIGHT, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, GIBRALTAR TITLE SERVICES, LLC AND WHITNEY BANK DBA HANCOCK BANK LOT — 2 BLOCK — 11 1\1 82.43,58,, E 93,00' (R) N 62*34'12. E 93.06' 04 5/8" REBAR 3egaBL0G1< z 11 L. 0.5' 1 /2" REBAR 0.1' 0' DRAINAGE & UTILITY EASEMENT 0.4 1 ST0CV BRICK NO.737 26.6. ......... • • - 56.4' C,OVD GONG 25' BRL LOT — 1 BLOCK — 11 .2' 5/8" REBAR 2.24' NW'LY BEARING REFERENCE LINE 1/2" IRON PIPE N 85'37'27" W 94.92' (M) N 85%37'27" W 94.95' (R) TR/TON ROAD (6-0,Avil) 1/2" REBAR LB7337 • CURB & CUTTER 1 FL000 ZONE "X" - AREAS DETERMINED TO BE OUTSIDE THE 0.22 ANNUAL CHANCE FLOOO PLAIN FLOOD ZONE "X (SHADED)" - AREAS OF 0,2X ANNUAL CHANCE FLOOD; AREAS OF IX ANNUAL 1 CHANCE vim AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IX ANNUAL CHANCE FLOOD. A SSOCIATED SURVEYORS INC. LAND & ENGINEERING SURVEYS 3846 BLANDING BOULEVARD JACKSONVILLE, FLORIDA 32210 904-771-6468 CERTIFICATE OF AUTHORIZATION NO. LB 00054-88 I HEREBY CERTIFY THIS SURVEY WAS DONE UNDER MY DIRECT SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING PURSUANT TO CHAPTER 5J-17.050 THROUGH 7.052, FLOR 1?r AD INISTRATIV CODE. CHAPTER 472, F.S. GENERAL NOTES: BEARINGS ARE BASED ON PLAT BOOK 31, PAGE 180 1. 2. STRUCTURE NO 737 SHWA HEREON UES FLOOD ZCNEA__AS BEST DETERMINED FROM F.E.U.A. FLOOD MAPS PANEL N0.9L DATED 06/03/2013 3. THIS IS A SURFACE SURVEY ONLY, THE EXTENT OF UNDERGROUND FOOTINGS, PIPES AND UTILITIES, IF ANY, NOT DETERMINED. 4. JURISDICTIONAL AND/OR ENVIRONMENTALLY SENSITIVE AREAS IF ANY, NOT LOCATED BY THIS SURVE? 5. THIS SURVEY BASED ON LEGAL DESCRIPTIONS FURNISHED. THE PUBLIC RECORDS WERE NOT SEARCHED BY THIS SURVEYOR FOR EASEMENTS, TITLE, COVENANTS, B.R.L'S RESTRICTIONS, CLOSURES, TAKINGS OR ORDINANCES, ETC. 6. THE HEAVY UNE SHOWN HEREON, MAY NOT INDICATE ACTUAL OVNERSHF. 7. UNLESS OTHERMASE STATED ALL IRON PIPES FOUND HALE NO IDENTIFICATION, E E N AC BRL. 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I1I'U4111Ih1111111111111il1111111maulllt 11 m'1 IIII 11111III III 1 IU,I IV I it "guIp'6!UIW10 1Iil1l.1l1l�11lilI0 lVlk0llp",Il+llIlIlIlIIuIIuIuIuuuu 11l1 l 1lulii1111l1ililliiliullllllllllVllIl1Il1Il1Il1Il1IlIlIlIlIlIl9ll11l0Illl11111111:11,11111,11111u 0110111111611111? 1111111111111111111111111111111111 1,p 111`r11''IlfiIOIIIIIIIIIII'u0I11IlIlIllIlllll I1lIIlIIlIlIlIIIilIidIiIlIlIlIllIllIllIlIIllllIlIllIlII ll ll t;111 qI 0°°°Vi11061111111116 j�lllv,41111, puuulgpllllluur r*, 111111111111111111uu1111114 11,11,11:11111,',10,11e, Ill OPII i � 1!"II gull , IgJIIIYYm�(Iloluu�ulluliiii�ll ,111 „ Iiuu111111111111�111111 jI'I 114111 NV!!!IW Illliuuumi`111111°111'"11111 II ��IIh'IIIIIIIIIIIIIIIIIIIIIIIUPIuudlll IIIIIIIIIIIII i rIr 71111114 I IIII Iluudlllll 11111°,''',,,:.:17,1,1"1171111111 r r1111�I 1111 1 11111 m Ill mil. V61 glmlllllll IIII 111 111 .'"' III 1lllllmlllllllllllll uuuummlpl� III IIIIIIIII�u �i IIA ll�lllllllllllr I I ." � Illllluuuuula 1 11111°°1 )01091111111 1_ 010 Iu„ 1iijjjlllllll)),,, 1,1101;04';11t WV' Page 24 of 29 AGENDA ITEM CASE NO. LOCATION APPLICANT DATE STAFF STAFF COMMENTS Agenda Item #4.B. 21 Sep 2021 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.A ZVAR21-0014 Request for a variance to the platted Building Restriction Line (BRL) at 737 Triton Road. 737 Triton Road Benjamin Newell September 21, 2021 Abrielle Genest, Planner The applicant, Benjamin Newell, is the owner of 737 Triton Road. This property is located on the northeast corner of Triton Road and Irex Road, within the Residential, Single - Family (RS -1) zoning district. The applicant would like to build an addition on the east and south side of the existing single family home. The applicant is requesting a variance to section 24-17 to allow an addition to exceed the platted 25ft Building Restriction Line in this subdivision. Section 24-17 of the Land Development Regulations regulates the as "building restriction line (BRL) shall mean the line(s) extending across the front, sides, and/or rear of a lot or the property, as depicted on a platted lot of record. Building shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by city staff, shall be enforceable by the city". 750 411 747 740 409 710 720 415 407 Based on the city codes the south side of the property is considered the front yard and east side is considered the side yard. Section 24-17 of the Land Development Regulations "lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. Unless conflicting with the prevailing development pattern of the adjacent lots, the exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot, the exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot, and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located". The original plats were hand drawn in 1960 and included a uniform 25 -foot Building Restriction Line for all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers 17 Page 25 of 29 Agenda Item #4.B. use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the no4 Sap 2021 character of the surrounding structures. In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25 - foot BRL, such that the standard zoning district would apply (front yard setback of 20 -feet). Staff observed that the most lots in Royal Palms have about 15 -feet from the street curb in the right-of-way prior to the property line, so even with a standard 20 -foot setback, the house will still be set back 30-35 feet from the street. City Commission hosted a workshop to discuss this and other Land Development Regulations updates. As a result, Commission directed staff to amend the Royal Palms subdivision plat to remove the 25 -foot setback. At the December 14, 2009 Commission meeting, Commission approved a motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property owners and receive written approval from every property owner on the plats. In addition, if the property has a mortgage on the property the mortgage company must sign off on the plat too. This was not completed. Currently, the existing house meets the 25 -foot Building Restriction Line established on both Triton Road and Irex Road. The proposed addition in the front side (Triton Street) would extend beyond the 25 -foot BRL but will not exceed the 20 -foot required front yard setback. The proposed addition to the east side II ir Yi IFi'aN1 PIPE F3Y O IC 11 B2"43'58"' 2»qo3' S'° E 93.00' (R) 1/2" I'IEN.!„ SP.c f11�,rtNA+� 01'tM1tITY F,Ak° KIT' 0 A LOT — 1 BLOCK — ,I.I ' cAltiC 1/2 - IRON PW€ NEARING REE ENc UNE N 85°,37"27" W 94.95' (R) TRITON ROAD (h(.2 fr, yjJ Page 2 of 5 I /,x. REBAN Fi7ddppa,, .l7' URO +k G4PTTER Page 26 of 29 Agenda Item #4.B. (corner side yard — Irex Rd) would extend beyond the 25 -foot BRL and is proposing a 10 -foot come?iaP1 2021 yard setback. Both of these proposed setbacks are consistent with the minimum setbacks in the zoning district. The portion of the proposed addition on the eastern side (Irex Road) would project further than the front plane of the houses on either side of this block. Section 24-172 (a) (1-3) regulates residential development standards. The purpose is to ensure that buildings are compatible in mass and scale with surrounding buildings, maintaining a traditional scale of buildings as seen along the street and minimizing negative visual impacts of larger new or remodeled buildings upon adjacent properties. VII , 011 IIIIa111 111 ryo II11vv"" cru ,:00010111111111 .II�IIII11111 "I IiiINNII111111 IIII 1 0 r i 11, 111111111 f0 1011 11111111111111111111111. 11111111111111111 „ 1111111 I�I,Iw ����;OIIII���III IlVi lll�u�� '11111111"11111111111111m IiillllyhlYP1 .,1.11 nn. 'd11i1 111;111 d IIIInp oli�li;""'' 111111 111111111111111111ulVuumM111100um IuVhVuNIV1W11111.41111N 1 mu1„ 011;"1@� ,'1 w 1P'”�I, I '^ �\IIN� 1„1 vI1J1� 1141111111111 , 11111111 1.1.1.1111111! 111 ;1Vlp111111r .,1110 6w,lw' IIIIVIIIVIIIVIIIV ('11Thq �'' 11 11M911I111,1014 V 14A1111p.,1, I f, IIIV g, Ilgl May1)„\„NVuI�IIIII1�'1!IIIIIIIIIIIIii11IPIII��iljjlli Page 3 of 5 Page 27 of 29 Agenda Item #4.B. 21 Sep 2021 nN��9 VIII 'Y'"p W�ouigll��Y;'I!w oir X11 " M' 4'.„,111;11� ulmin��l uuy,� I'i VII'Ivl'IGrylll"6MG''''yPi�'Ytlllilllidlillik'yiYi IYI"� Y I11111111141' I� r ^ YII YIII � IMJI�' Ilail� "f,lo Proposed Addition dl�ww'Ivly. 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 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. The applicant stated "25' BLSs platted in 1960s are preventing reasonable use of the property compared to the rest of residential properties in Atlantic Beach. AB commission voted to remove BRLs in Royal Palms neighborhood in 2009 so that standard RS -1 setback would apply. These BRLs were not removed due to the technicalities of replatting, not because they were deemed necessary to keep. Our corner lot is exceptionally affected due to front AND side yard BRLs. (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 4 of 5 Page 28 of 29 REQUIRED ACTION Agenda Item #4.B. 21 Sep 2021 The Community Development Board may consider a motion to approve ZVAR21-0014, request for a variance to the platted Building Restriction Line (BRL) 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 ZVAR21-0014, request for a variance to exceed the platted Building Restriction Line at 737 Triton Road. Page 5 of 5 Page 29 of 29