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526 Selva Lakes Circle ZVAR20-0001 Packet (Kristoff)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 in Commission Chambers located at 800 Seminole Road on the provided date and time. PROJECT Property Location Map Item No: ZVAR20-0001 Address: 526 Selva Lakes Circle Applicant: Dave and Linda Kristoff PUBLIC HEARING(S) Body: Community Development Board Date February 18, 2020 Time: 6:00 PM Request: Request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). Summary: The applicants are requesting to construct a paver patio in their back yard. The existing impervious surface coverage for this lot is 66.5%, making this a nonconforming lot. Since the existing impervious surface coverage is above the 45% maximum allowed, no additional impervious surface may be added to the lot unless a variance is granted. 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 at the city of Atlantic Beach community development department at 800 Seminole road, Atlantic beach, Florida 32233, between the hours of 8:00 am and 5:00 pm, Monday through Friday, excluding legal holidays, and may be obtained at this office or by calling (904) 247- 5826. 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. 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. PUBLIC HEARING NOTICE The CITY OF ATLANTIC BEACH Community Development Board will hold a public hearing to consider and take action on the following item(s) on Tuesday, February 18, 2020, at 6:00 PM at the Atlantic Beach City Hall 800 Seminole Road, Atlantic Beach, FL 32233 in Commission Chambers: ZVAR20-0001 526 Selva Lakes Circle, Dave and Linda Kristoff Request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). 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 at the City of Atlantic Beach Community Development Department at 800 Seminole Road, Atlantic Beach, Florida 32233, between the hours of 8:00 am and 5:00 pm, Monday through Friday, excluding legal holidays, and may be obtained at this office or by calling (904) 247-5826. Interested parties may appear at the public hearing and be heard regarding the item(s), or written comments may be emailed to aaskew@coab.us prior to the hearing. 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.A CASE NO. ZVAR20-0001 Request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). LOCATION 526 Selva Lakes Circle APPLICANT Dave and Linda Kristoff DATE February 10, 2020 STAFF Brian Broedell, Planner STAFF COMMENTS The applicants are Dave and Linda Kristoff, the owners of 526 Selva Lakes Circle. This property is located within the Selva Lakes Planned Unit Development with a future land use designation of Residential, Medium Density (RM). The property is currently covered in 66.5% impervious surface, making it a nonconforming lot in that respect. In 1996, when the house was built, the property had about 62% impervious surface coverage meaning they are “grandfathered in” at 62% coverage. However, there are no permit records for the additional impervious surface in the backyard (4.5%). The applicants bought the property in November, 2019, and recently submitted a permit for a new paver patio. The applicants would like to replace the existing concrete patio with pavers and expand the patio. The permit was denied because the property currently exceeds the maximum impervious surface allowed. The applicants are requesting a variance to allow a new paver patio which will result in roughly 69% impervious surface coverage on the property. Page 2 of 3 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 applicants stated that they wish to create a waling path to allow access to the shed and have an outdoor patio like their neighbors. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants expressed that being a zero lot line townhouse development, most of the properties in Selva Lakes do not comply with this ordinance. Their only plan is a small patio. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicants expressed that the improvements they want do not remove any vegetation, trees, or impair anyone’s view. The patio is porous material to allow for drainage and runoff. The existing property was a long term rental that was not maintained and the existing concrete is broken and hazardous. (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 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0001, request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2) 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 ZVAR20-0001, request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2) upon finding this request is not consistent with the definition of a variance. Request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). ZVAR20-0001 Site Context and Detail Residential Planned Unit Development Zoning Located with similar size homes on similar size lots Proposed Pavers •Permitted 62% lot coverage at time of construction (per PUD) •Current lot coverage 66.5% •Proposed increase to 69% lot coverage Need for a variance Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage “Grandfathered” in at 62% impervious surface coverage At 66.5% coverage now Pavers would increase coverage to about 69% ANALYSIS Applicants stated that they wish to create a waking path to allow access to the shed and have an outdoor patio like their neighbors The applicants expressed that being a zero lot line townhouse development, most of the properties in Selva Lakes do not comply with this ordinance. Their only plan is a small patio. The applicants expressed that the improvements they want do not remove any vegetation, trees, or impair anyone’s view. The patio is porous material to allow for drainage and runoff. The existing property was a long term rental that was not maintained and the existing concrete is broken and hazardous. Grounds for Decision APPROVAL-existence of one or more of the following (Section 24-64 (c) DENIAL-CDB finds that this request is not consistent with the definition 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. 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.