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46 15th Street ZVAR20-0005 Packet (Geddes)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 identified governing body or bodies via communications media technology (virtually) on the provided date and time. PROJECT Property Location Map Item No: ZVAR20-0005 Address: 46 15th Street Applicant: Timothy John Geddes PUBLIC HEARING(S) Body: Community Development Board Date June 2, 2020 Time: 6:00 PM Request: Request for a variance to reduce the required side yard setback for detached garages up to 25 feet tall from 15 feet total to 10 feet total to allow for a detached garage with guest quarters at 46 15th Street (Lots 11 and 12 except the west 48 feet, Block 61, Atlantic Beach Corporation). Summary: The applicant is requesting to construct a detached garage with guest quarters on the second floor. The required side yard setback for detached garages up to 25 feet tall within the RS- 2 zoning district is 15 feet total and 5 feet minimum on either side. The proposed detached garage would be located 5 feet from the northern lot line and 5 feet from the southern lot line, resulting in a total side yard setback of 10 feet. The variance request is to reduce the required side yard setback from 15 feet total to 10 feet total. 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 city projects https://www.coab.us/808/City-Projects. Interested parties may appear at the public hearing and be heard regarding the item(s), or written comments may be emailed to aaskew@caob.us prior to the hearing. The following measures will be taken to create a clean meeting environment and ensure social distancing: 1. Commission chambers will be cleaned and sanitized prior to the meeting. 2. Hand sanitizer will be available outside of chambers. 3. We ask that only people associated with each case to come in when they their case is called. 4. Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be called. A speaker is outside the breezeway that will amplify the sound from chambers. 5. Audience chairs will be spaced more than 6 feet apart. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR20-0005 Request for a variance to reduce the required side yard setback for detached garages up to 25 feet tall from 15 feet total to 10 feet total to allow for a detached garage with guest quarters at 46 15th Street (Lots 11 and 12 except the west 48 feet, Block 61, Atlantic Beach Corporation). LOCATION 46 15th Street APPLICANT Timothy John Geddes DATE June 2, 2020 STAFF Amanda L. Askew, Planning and Community Development Director STAFF COMMENTS The applicant is Timothy and Sherri Geddes, the owners of 46 15th Street. This property is located at the south east corner of 15th Street and Beach Ave (except for the structure/house on the corner). This property is located in the RS- 2 zoning district. The applicant is requesting to construct a detached garage with guest quarters on the second floor. The proposed garage is located on the Beach Avenue side of the property. This portion of the lot is 25 feet in width. The required side yard setback for detached garages up to 25 feet tall within the RS-2 zoning district is 15 feet total and 5 feet minimum on either side. The proposed detached garage would be located 5 feet from the northern lot line and 5 feet from the southern lot line, resulting in a total side yard setback of 10 feet. The variance request is to reduce the required side yard setback from 15 feet total to 10 feet total. This lot is considered a double frontage lot. Per Section 24-34 (b) “..lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean…” therefore, the rear yard is considered Beach Ave. Per Section 24-151 (e) detached garages shall be a minimum of ten (10) feet from the rear lot line. The proposed detached garage is proposed at ten (10) feet from the property line on Beach Ave. (meets code), five (5) feet from the northern property line (variance requested) and five feet from the southern property line. Proposed garage location Page 2 of 3 ANALYSIS Section 24-64(b) (1) provides 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 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated that “if the property was not allowed to be subdivided there would be reasonable room to create a garage space along Beach Ave. which is typical of the neighborhood.” (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. According the applicant “At some point in the past the property was subdivided. This left a narrow alley of access to the property from Beach Ave.” (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Per the applicant “if the property was not allowed to be subdivide there would be reasonable room to create a garage space along Beach Ave. which is typical of the neighborhood.” The applicants expressed that with the lot coverage being so high, installing a pool will actually lower the lot coverage. Further, the applicant’s expressed a willingness to further help drainage issues by installing permeable pavers and remove the existing pavers. (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. The applicant indicated that the shape of the property is irregular and limiting. Page 3 of 3 (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0005, request for a variance as permitted by Section 24-64, to decrease the required side yard as required by Section 24-89 to a combined total of 10 feet with 5 feet on each side to allow for the construction of a two-story detached garage (garage on first floor and guest quarters on the second floor at 46 15th Street, upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) 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 ZVAR20-0005, request for a variance as permitted by Section 24-64, to decrease the required side yard as required by Section 24-89 to a combined total of 10 feet with 5 feet on each side to allow for the construction of a two-story detached garage (garage on first floor and guest quarters on the second floor at 46 15th Street, upon finding this request is not consistent with the definition of a variance. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner. Request for a variance to reduce the required side yard setback for detached garages up to 25 feet tall from 15 feet total to 10 feet total to allow for a detached garage with guest quarters at 46 15th Street. ZVAR20-0005 Site Context and Detail Residential, Single-Family (RS-2) Zoning Oceanfront Lot, located south side of 15th Street and frontage along Beach Ave Lot is 25 feet wide on Beach Ave. and by 246 feet deep Proposed Plan New garage on Beach Ave. (variance requested) and new addition between garage and existing house (no variance needed) Proposed Plan Need for a Variance Reduction in side yards. Code requires a total of 15 feet, with a min. of 5 on one side. Grounds for Decision APPROVAL-existence of one or more of the following (Section 24-64 (c) DENIAL-adverse impact on one or more of the following 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.