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1187 Camelia Street ZVAR20-0011 Packet (Shields)VARIANCE APPLICATION FOR INTERNAL OFFICE USE ONLY O PA, City of Atlantic Beach FILE# y V 1\R z 0-OO( i Community Development Departmentv800SeminoleRoadAtlanticBeach, FL 32233 40;1 •P)904-247-5800 APPLICANT INFORMATION c//esLAl1jR. S fjG //" EMAIL c//es G/1/4 y,j,? CY/),,_sU,Con ADDRESS 19,23 A/1/ 0a1/c Sea< e CITY A/6 / l STATE /2 ZIP CODE 323 PROPERTY LOCATION //87 in c/gyp 5 t PHONE# 7/ 4/37 CELL#9Ot '/O/3/ RE# / 7/0/7 .- gOcc BLOCK# 0?('/ LOT# cipr•LOT/PARCEL SIZE/Oa L./-0 ZONING CODE UTILITY PROVIDER '`) COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED V- Homeowner'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 24-64 of the Zoning, Subdivision and Land Development Regulations,a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. PROVIDE ALL OF THE FOLLOWING INFORMATION all information must be provided before an application is scheduled for any public hearing): 1.Proof of ownership:deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2.If the applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application. 3.Survey and legal description of property for which Variance is sought. 4.Required number of copies:four(4)copies,except where original plans,photographs or documents that are not larger than 11x17 inches are submitted,please provide eight(8)copies of any such documents. 5.Application fee of$300.00. I HEREBY CERTIF THAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent D/90JC, SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE efi (29t SIt 4.1 NeTG S`// 76/S- g- -Dos o SIGN URE OF APPLICANT(2) PRINT OR TYPE NAME DATE Signed and sworn before me on this NA' ` day of w`5U s I 20Z0 by State of fit V( d ^I JCC""UL-( S t 1 e CL 5 V County of bu Identification verified: ` eS Oath Sworn: Yes No Notary Signature ssIon#GG910497 4 Cr Expires September 4,2023 19 VARIANCEAPPLICATION 07.08.2019 My Commission expires 9 CFP, BOndeetru BAIANourySWOON 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. Grou nds for approval of a Variance:AVariance may be granted atthe discretion of the Community Development Board,for the following reasons 1, Exceptional Topographic conditions of or near the property. The property next to 1187 Camelia (south) is wetlands. This will probably be the last lot available for residential construction in this Neighborhood,without expensive offsetting jurisdictional credits and fill. The owner has presented a reasonable and practical solution for access to the lot without building a new road. (see attached sketch) 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. The nearby property owners were not required to extend the road and sewer running in front of their properties 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The requirement to extend the road, sewer and water places an excess financial burden for 1187 Camelia. 4. Onerous effect of regulations enacted after platting orafter development of the property or after construction of improvements upon the property. The requirement to extend the road opens water management issues that were previously covered in the grandfathered regulations for the property. Further, water storage development may be required to meet the requirements of the new road. The City could avoid these costs by not extending the road. 5. Irregular shape of property warranting special consideration. N/A 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property N/A a Approval of a Variance. To approve an application for a Variance,the Community Development Board shall find that the request is in accordance 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.TheCommunity Development Board shall havethe authority to approvea lesserVariancethan requested if a lesser Variance shall be more appropriately in accord with theterms and provisions of thi sSection 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 AVariance,which involves the Development of Land,shall be transferable and shall run with the titleto the Property unless otherwise stipulated by the Community Development Board. 19VARIANCE APPL/CAT/0N 07.08.2019 ADDITIONAL COMMENTS: This variance request would allow us to run a driveway (see sketch) to the city street and tap into the existing manhole for sewer and into the existing water main for water. If 20 years from now the value of the remaining lots rises to the level that they can afford to buy mitigation credits to develop the lots, the developer can use the existing driveway as part of the new improvements. At that time they can deal with the road, sewer and water extension since the cost will be allocated over several lots. The new driveway (see sketch) would be built to city road standards, to allow use by a new developer as part of any road extensions. 19 VARIANCEAPPUCATION 07.08.2019 MAP SHOWING SITE PLAN OF:LOT 1, BLOCK 201, ATLANTIC BEACH SECTION H, AS RECORDED IN PLAT BOOK 18,PAGE 34 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA 14TH STREET WEST 30' RIGHT-OF-WAY____ PROPOSED MPERVIOUS CALCULA1 QNS i LOT AREA - 5,100* SQUARE FEET DESCRIPTOR I SQUARE FEET 8LALOANG AREA 1.0851la t C0 FRED ENTRY x: COVERED PORCH 60* CONCRETE J75* A/C PAD ( 72* i LOT 3 MEAL 7IIPER.ROUs AREA - 1.568:BLOCK 225 1-FOUND 1/2-IRON PIPE rpm row COVERAGE DENSITY. ]D,71S QNOiDENDFICATON nos I'NOISRT LIES w 71000 LONG X"-578070 8 A'(fl aRCrIKRROWfrOfsvrccAVCIrl.(MD.04NMt COUNMCMorIrLLrnC£AC' Co airy/al. 720075,wR/MMT c: iN 1 H°. 17OJIc-P100-J.R 71500 NOYEi R t LOre OW IVB^(,, eruMcs xun w RC 7171 RgNr.ar-rAr l+t wirtCYCIR078817ASOiXON01'77'00"YDIAOSNw0550741• 8 r 71LYAM...s,..n AS nusIn(ax two ar LOT 4 X fs.eel*No.RE suEo ar :,A 1——NORM NENCAN WRnc.001101(NAACO 07 IeeeArw(-477 BLOCK 22 17607 s:c AAO LOp oN 4K 1005040 n DIA amour,Q(-- aPt) l ME.ITI NC1L+Ir)4000020447 7 88 1CN[S A YC tlglMGw:1,(-Ra0 I tar:RESIISCaON u7.0 ( I 7171 LOIRK, w a(-0551 I I tar:70 iF17,SpF 7.5 a 7'0 7QrFOUND5/8-NEAR O NLA VENOMS NO?N WALEkL.B. /sere 5017 MONS Saw FmIXfr.DEMON'S C4 FmV7aOCNorc5TOPaOw V M S MOMS 100 Of aawI8LOTNVN00401r5SWUM7[710°NN.QLL PVC 0078870 roEnwa c«74081 cur 1 BLo• 225 M.0070071..c MI'M 1LE+Rno,7 ODORS 1 4 7klMAXIM 45703. C,Mw 17) ICN7 (XV.,l5 AOIEDNFOUND1/2- - NAq ) 77_ OENOr6 e'71000 710Cf Cr2Tr AS MORD S , • 7(00 J NKR We K 40017101 Rn7INC7OMS WI M7 Mo1 mom.orJPOSUNK,.04lr WY Pe MUM,w Mr 01.0[RLCpDS OFOUMILCOUNTY.'1.001071 I'1 d 2 7'IIISGMIM(,,: V p, !Er IM MX.OISR1 1 z 41 0.7 07 7 ' ma '_CK 21EjR/ F'°•rAuar"'sr BLOCK 225 LOT 6nfeel50507u j y1.+( NO 10141/1e/0.47704// IpD.:..NN norm u7.. ail•-„°":, n;, BLOCK 226' L i 80 [FOU( 0.3ND S.2.17'E) e Ise7ee REEBR N88°5 0"E 1102.00 NO f""DDEN17FIC4T(ON I.Nr.0L* y a + to q R sew. III 70}'1.7'00,4 47,q-1 I1• 1+0' 50 rTJ.ot // 4 r-I O O nOvoIpY I ` / '^ NI0. I, 01 • ' CJ1 r.ewRM.MOW,171 moo., 0 4 p N i r !MOO OM.WV."77141 LOT , U N m BLOCK 201 M , /R O N OT 1 Cr La.S 71,1`,o71m70 Q „•a i I O I`?BLOCK 200 Nra00 _ on . , \/ it u..+o p QO71719 --A t tv, 7•eMR a I 1 ST fir r • Ia call '. 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S7Ocnu0. 4 mum nowt warn.LItar C17nI7 REVISED 06/25/2020 TO MODIFY THE FINISHED FLOOR ELEVATION 7 hereby Certify that this Surrey meets the Minimum technical 0(070 rd.as W forth byDURDEN i I' the Florida Board of Lau Surety:ra, pursuant to SICUOO 472027 FWr(4D Statutes and ChapterSURVEYINGANDMAPPING, INC. 5,117 Florida Administra ties 985 LE AVENUE SOUTH geMiZtAKSONVILLEBEACH, FLORIDA 32250 9D4) 853-6822 FAX 853-8825 CENSEO BUSINESS N0. 6896 V,0404 RC_bf 47) 7 711 8.)7771 No.45SUIDICKTIO7668877•rroCM,R 7>C 57.1161 410I4LS 8807 877187/7 ME 9E4)117 0'005111071 Ot 501007 0'77111 AAO7710C1D,It 174E IRDCOSCNm MID 40 M AMONG AM wVO•c.rv6 *WC Na COa0i77Nr88) SICNED APRIL 13. 2020REC14570'07Hs 7 a wy). SITI C&4.040• 441 Off I.OT WOi08, CMO L.r.SCIUNO AOR.alae o rofur'S.'4 vn, SCALE: 1' 20'A'SVNADO.S Co 07K(A S•YM LAMAS MACH cur ovum w INE A6SIMCT DR 501RUt Of rIl. VIOR,f ORDER A1118ER: 20153 8-96527715SUTcv'A'.MLO unacss 01$aeln 3 DAMS=,.7N 77rE 4.444 04 7Nt 44077 5+740. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB) in a hybrid quasi-judicial format will allow for both virtual participation and in-person participation. All board members will be participating virtually. Virtual participation can be accessed via https://www.coab.us/506/Meeting-Videos. You will be prompted to register. You must register to watch/listen or to provide public comment. In person participation will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR20-0011 Address: 1187 Camelia St. (RE #171017 9000) Applicant: David Shields PUBLIC HEARING(S) Body: Community Development Board Date September 15, 2020 Time: 6:00 PM Request: Request for a variance from Section 24-221 of the city code to develop a vacant property without extending the street, water and sewer. Summary: The applicant is requesting a variance from Section 24-221 which requires the applicant to improve (pave) the street, extend the water line and extend the sewer line to his property. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. The city will hold a “hybrid” quasi-judicial hearing as outlined in Resolution No. 20-32. The city will use following format as defined in Resolution 20-32 for these type of meetings: 1. Communications Media Technology (CMT) means any alternative forms of audio, video, electronic, or digital communication transmitted or hosted via telecommunications or computer web-based platform services. These procedures for quasi-judicial hearings are "hybrid," in that they allow for both virtual participation and in person participation, subject to the provisions below. 2. Implementation of these CMT procedures may only be utilized during the pendency of a declared State of Emergency by the Governor’s office. The Executive Order of the Governor must allow for suspension of any Florida Statute requiring a quorum to be physically present. CMT procedures must comply with Section 120.54(5)(b)(2), Fla. Stats. 3. These CMT procedures will be available for meetings of the City Commission, Community Development Board, and any other City board or committee that may conduct a quasi-judicial hearing. 4. All applicants have the option of deferring their case to be heard at a future date under established non-emergency hearing procedures. 5. Any applicant choosing to have their case heard under these CMT procedures must complete the Acknowledgement and Waiver Form provided. This form must be completed by the Applicant, Agent, if any, AND the property owner if not the Applicant. The form must be sworn to or affirmed, and notarized. 6. Noticing provisions are not suspended. Noticing will be as required by the City Code and Florida Statutes. Noticing will include information on how the public or Applicants may participate by CMT. 7. Agenda packets and registration instructions will be available online at coab.us 8. The Commission Chambers will be open for public attendance consistent with City health and safety procedures published on the City’s website and provided with agenda notices. Physical attendance in the Commission Chambers will be prioritized as follows: a. Applicant and/or Applicant’s Agent/ Legal Counsel and Witnesses b. General Public 9. The members of the General Public and the Applicants and/or Applicant’s Agent that choose to attend the hearing physically in the Commission Chambers will be directed to speak into a laptop that is logged in to the zoom meeting. 10. Applicants and/or Applicants’ Agent may attend physically or by CMT. Witnesses and affected parties may appear by CMT or physically on a limited basis consistent with health and safety procedures established by the City. All testimony at quasi-judicial hearings will be sworn under oath. Please be advised that members of the public and witnesses may or may not be granted physical access to the inside of Commission Chambers until it is their specific time to speak at the discretion of the meeting moderator present in the Commission Chambers. A speaker located outside of Chambers will also broadcast the meeting. 11. Presentation materials, documents, witness lists, photographs, and other evidence and exhibits must be provided to the City Clerk’s Office if the quasi-judicial hearing is occurring before the City Commission, or to the Community Development Board staff secretary if the hearing will occur before the Community Development Board, no later than three (3) business days prior to the meeting to provide all applicants, staff, board members, attorneys and adversely affected parties to have the same information prior to the start of the meeting or quasi-judicial hearing. 12. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to participate using CMT will be requested to dial in to the announced phone bank number or connect to the zoom link for video and audio participation published on the specific agenda notice for that meeting. The participants will be placed on hold and queued for each agenda item public comment period or applicable public hearing. In the alternative, members of the public may provide written comment to the City Clerk or Community Development Board staff secretary prior to the hearing via U.S. Mail or email, no later than 6 hours before the meeting begins. The City staff present at the meeting or Board Chair will read any received written comments into the record. The City staff present at the meeting will receive and preserve all written comment consistent with Florida Public Records law but will only read into the record the equivalent of five minutes or 500 words. 13. An opportunity for persons to speak on each agenda item or case, virtually or in-person, will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence by adversely affected parties, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony will be given its due weight under Florida law. Applicants, City staff and adversely affected parties will be permitted to cross-examine witnesses and parties. However, the public may request the Board Chair or moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. 14. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson. 15. All other rules of decorum apply to the extent they do not conflict or are not applicable. The meeting moderator will monitor adherence to the Commission Rules of Procedure, these CMT Procedures or Robert’s Rules of Order and may mute any persons determined to be in violation. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR20-0011 Request for a variance to deviate from the required improvement in Section 24- 221 LOCATION 871 Ocean. (RE# 171017 9000) APPLICANT David Shields DATE September 10, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is David Shields, the owner of the vacant property at 1187 Camelia Street. This property is located on the east side of Camelia approximately 340 feet south of 14th Street West in the residential, general, two-family (RG) zoning district. The applicant plans on building a single-family home on the site and is requesting a variance to section 24-221 to vary the requirements to for improvements. The request is to vary section 24-221 (a) the requirement for “streets designed and constructed according to the standards and requirements of this article and this chapter”. The street improvements are found in section 24-252 (Streets). Vary section 24-221 (e) “a sanitary sewer system…”(extend public sewer line). Vary section 24-221 (f) “centralized water system” (extension of public water pipe size). This property is located approximately 80 feet from the south end of the pavement of Camelia Street as well as the city water and sewer lines. Per Section 24-221 any new development or redevelopment shall contain improvements designed and constructed according to the code. This includes but is not limited to extending streets, water and sewer improvements. It is intended for the developer to construct these extensions in the right-of-way. The applicant is proposing to build one-half of the street to be used as a driveway to access this property. Section 24-252 (i) requires this 50 foot right-of-way to have a min. of 20 feet of pavement. Section 24- 252(j) requires cul-de-sacs at dead ends. Currently there is a four (4) inch water line and sewer line that terminates in the existing cul-de-sac. Developers work with public utilities when developing properties and in this instance would extend the Camelia St. Page 2 of 3 four (4) inch water line and sewer line south to access the developing property. For example, when the Atlantic Beach Country Club developed the developer was responsible for adding all the streets and utilities and each home site/builder was responsible for making a connection to the public lines. If the four (4) inch water and sewer line were already constructed then the developer would be responsible for the connection from the new home to the four inch water and sewer line. 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. The applicant stated, “The property next to 1187 Camelia (south) is wetlands. This will probably be the last lot available for residential construction in this Neighborhood, without expensive offsetting jurisdictional credit and fill. The owner has presented a reasonable and practical solution for access to the lot without building a new road.” (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant wrote, “The nearby property owners were not required to extend the road and swer running in front of the properties.” The applicant stated that the Beaches Vineyard Church as no objections. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated, “The requirement to extend the road, sewer and water places an excess financial burden for 1187 Camelia. (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. Camelia St. Existing public sewer line Existing public water line Required sewer extension Required water extension Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0012, request for a variance to Section 24-221 (a), (e) and (f) 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. Or, The Community Development Board may consider a motion to deny ZVAR20-0012, request for a variance to Section 24-221 (a), (e), and (f) upon finding this request is not consistent with the definition of a variance. Request for a variance from Sec 24-221 to develop a vacant property without extending the street, water line (4”) and sewer line (8”) ZVAR20-0011 1187 Camelia St. (vacant lot) Site Context and Details Currently vacant lot on Camelia St. approx. 340 feet south of 14th St. W. The applicant is proposing a single-family home. Zoned for Residential General, two-family (RG)Camelia St. Site Context and Details •Property is zoned RG. •Located approx. 80 ft. south of existing cul-de-sac •Wetlands to the south RGRS-2 Camelia St.Camelia St.14th St W.Jasmine St.Main St. Site Context and Details Wetlands to the south Site Context and Details Per Section 24-221 any new development or redevelopment shall contain improvements designed and constructed according to the code. This includes but is not limited to extending streets, water and sewer improvements. It is intended for the developer to construct these extensions in the right-of-way. The applicant is proposing to build one-half of the street to be used as a driveway to access this property. Section 24-252 (i) requires this 50 foot right-of-way to have a min. of 20 feet of pavement. Section 24-252(j) requires cul-de-sacs at dead ends. Currently there is a four (4) inch water line and sewer line that terminates in the existing cul-de-sac. Developers work with public utilities when developing properties and in this instance would extend the Currently there is a four (4) inch water line and sewer line that terminates in the existing cul-de-sac. Developers work with public utilities when developing properties and in this instance would extend the 4 inch water line and 8 inch sewer line Site Context and Details Grounds for Decision APPROVAL-existence of one or more of the following (Section 24-65 (c)DENIAL- 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 improvement 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. The CDB may consider a denial upon finding that none of the requirements in 24-65 (c) exist.