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89 Dewees Avenue ZVAR20-0017 Packet (Lambertson)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR20-0017 Request for a variance to increase the structural projection allowed into the front yard and increase the maximum fence height allowed in the front yard. LOCATION 89 Dewees Avenue APPLICANT Maryann Lambertson DATE October 26, 2020 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Maryann Lambertson, the owner 89 Dewees Avenue. This property is located on the corner of Ocean Blvd. and Dewees Ave., within the Residential General Multi- Family (RG-M) zoning district. The applicant is requesting to install an 8 foot fence with a pergola roof to form an enclosed seating area, which would be attached to the front of the house. The proposed seating area would be located within the front yard, roughly 15’- 4” from the front property line. The proposed structure violates two code sections; 24-157 and 24-82: First, the proposed fence height of 7’ – 8” exceeds the maximum 4 foot fence height allowed within front yards, per Section 24-157. Second, the proposed pergola roof structure exceeds the maximum 4 foot “projection” into the front yard allowed for roof overhangs (the pergola roof is considered a roof overhang). The proposed pergola roof “projects” 4’ – 8” into the front yard according to the site plan, which exceeds the allowed projection by 8 inches. 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. The applicant stated that there is public parking adjacent to the lot and it is a very busy corner. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant states that the public parking impacts this area disparately more than 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. The applicant states that the current addition was added to the property is now non-conforming due to regulations enacted by the City of Atlantic Beach which prevents the alteration of the addition. (5) Irregular shape of the property warranting special consideration. The applicant states that this lot is irregular in shape with the front being on an angle. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant states that the lot 5,589 square feet and the standard size lot is 7,500 square feet. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0017, request for a variance to increase the structural projection allowed in to the front yard and increase the maximum fence height allowed in the front yard upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 3 of 3 Or, The Community Development Board may consider a motion to deny ZVAR20-0017, request for a variance to increase the structural projection allowed into the front yard and increase the maximum fence height allowed in the front yard, upon finding this request is not consistent with the definition of a variance. Request for a variance to exceed the maximum structural projection and maximum fence height allowed in front yards. ZVAR20-0017 89 Dewees Avenue Site Context and Details Located on the corner of Dewees Ave. and Ocean Blvd. Zoned Residential, General, Multi-Family (RG-M) Proposed Plan The applicant is planning to remove an existing addition at the front of the house and install an “enclosed” seating area in its place. The seating area will consist of a 7 foot tall fence with a pergola style roof over it. Need for Variance There are two parts for this variance: First, the proposed seating area (fence with pergola roof) would “project” 4’-8” into the required 20’ front yard setback. Section 24- 82 allows structures such as roof overhangs and open porches to project into front yard setbacks up to 4 feet. The proposed pergola roof would exceed this allowed projection by 8 inches. Second, the maximum fence height allowed in front yards is 4 feet. A section of the proposed 7’ fence is within the front yard. Need for Variance (1): 4’-8” projection into the front yard setback (2): 7’ tall fence within front yard Considerations The proposed seating area will be located where an existing addition will be removed. The lot is irregular in shape with the front being on an angle. The existing house is nonconforming 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. 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 Commission Chambers located at 800 Seminole Road on the provided date and time. In person participation will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR20-0017 Address: 89 Dewees Ave. (RE #169563 0000) Applicant: Maryann Lambertson PUBLIC HEARING(S) Body: Community Development Board Date November 17, 2020 Time: 6:00 PM Request: Request for a variance to increase the structural projection (pergola) into the front yard and increase the maximum fence height allowed in the front yard. Summary: The applicant is requesting a variance from Section 24-82 which limits the structural projection to 48 inches into the front yard setback. The proposed pergola would extend 8” into the front yard setback. The applicant is also requesting a variance from Section 24-157 (b) to increase the fence height allowed in the front yard. 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 or at city hall – 800 Seminole Road, Atlantic Beach, Florida 32233, between the hours of 8:00am and 5:00pm, Monday through Friday, excluding legal holidays or by calling 904-247-5800. Interested parties may appear at the public hearing or written comments may be emailed to aaskew@coab.us at least 2 hours 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 the meeting should contact the City Clerk’s Office at City Hall or by calling 904.247-5800 not less than three (3) days prior to the public hearing. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.