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90 Forrestal Circle South ZVAR20-0002 Packet (Tysinger)LEGEND: SET IP 1/2" LB#B102 SETfRON • Map of Boundary Survey SETIP 1/2' LB#8102 FOUND IRON 0 CONCRETE l-:.:'-,--.<.:·.::.:_,1 LOT2 BLOCK2 -I-----.... -I I I I I Jo.o•eu r -----.... --I �LID;� � ,::-. ....._ Gfrt:srf?. - -""-. ....._ NB9o � rcr;0,,, I -....._ 19,''<!/tli FIR 112· tv0'§";,3-v1"w 1. � 1 t �SW :Jo, (Iv! I 3' CHAIN LINK FENCE 15.oo°,'. !!._I (P) ....._ ....._ � F\P 112"FIP 1/2' ....._ ....._ � N69"31'25"W 75.00' (P) J I, N69°34'18"W 75.06' (M) CERTIFIED TO: BRANCH BANKING & TRUST FIRST AMERICAN TITLE INS CO DENISE TYSINGER AND MARK TYSINGER 6' WOOD FENCE -0-----0-6' VINYL FENCE -0----0---:-- 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: ZVAR20-0002 Address: 90 Forrestal Circle South Applicant: John Logan Tysinger PUBLIC HEARING(S) Body: Community Development Board Date June 2, 2020 Time: 6:00 PM Request: Request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South. Summary: The applicant is requesting to construct a detached garage in the back yard of an existing single family home at 90 Forrestal Circle South. Section 24-171 of the City Code prohibits the use of metal as an exterior finish material for new buildings within the commercial corridors. The commercial corridors include all properties located within 100 feet of Mayport Road and Atlantic Boulevard. 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. 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, June 2, 2020, at 6:00 PM at the Atlantic Beach City Hall 800 Seminole Road, Atlantic Beach, FL 32233 in Commission Chambers: ZVAR20-0002 90 Forrestal Circle South, John Logan Tysinger Request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South. ZVAR20-0004 590 Jasmine Street, Hoose A LLC Request for a variance for relief from floodplain storage as required by Section 24-68 at 590 Jasmine Street (Lots 1-6 Block 120 Section H). ZVAR20-0005 46 15th Street, Timothy Geddes Request for a variance for relief from side yard setback for a detached garage with guest quarters at 46 15th Street. 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: • Commission chambers will be cleaned and sanitized prior to the meeting. • Hand sanitizer will be available outside of chambers. • We ask that only people associated with each case to come in when they their case is called. • Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be called. A speaker outside the breezeway will amplify the sound from chambers. • 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.A CASE NO. ZVAR20-0002 Request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South. LOCATION 90 Forrestal Circle South APPLICANT John Logan Tysinger DATE May 12, 2020 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is John Logan Tysinger, the owner of 90 Forrestal Circle South. This property is located on the corner of Mayport Road and Forrestal Circle South, within the Commercial Professional Office (CPO) zoning district. The property is also located within the “commercial corridor” overlay district, which includes all properties within 100 feet of Mayport Road or Atlantic Boulevard. The applicant is requesting to install a detached garage with a metal exterior finish in his backyard. Section 24-171 (commercial corridor development standards) prohibits metal as an exterior finish for new buildings within the commercial corridor overlay. The commercial corridor overlay was adopted in 2003 with the intent to: - Enhance the aesthetic and physical appearance of these gateways into the City - Enhance and retain property values - Promote appropriate redevelopment of blighted areas - Create an environment that is visually appealing and safe for pedestrians, bicycles, and vehicular traffic. Page 2 of 2 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. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants expressed that many neighbors have detached metal buildings in the back corner of their lots. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0002, request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South 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 ZVAR20-0002, request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South upon finding this request is not consistent with the definition of a variance. Request for a variance to allow a detached garage with a metal exterior finish within the commercial corridors at 90 Forrestal Circle South. ZVAR20-0002 Site Context and Detail Located at the corner of Mayport Road and Forrestal Circle South Zoned Commercial, Professional Office (CPO) Located within the “commercial corridor overlay”, which includes all properties within 100 feet of Mayport Rd and Atlantic Blvd Proposed Plan Install detached garage with metal exterior finish in the backyard 24’ wide by 18.5’ deep (444 sf) and 15’ tall Variance Request Sec. 24-171(c)(3): Prohibits metal as an exterior finish for new buildings within the commercial corridor. Commercial Corridor Overlay The commercial corridor regulations were adopted in 2003 with the intent to: Enhance the aesthetic and physical appearance of these gateways into the City Enhance and retain property values Promote appropriate redevelopment of blighted areas Create an environment that is visually appealing and safe for pedestrians, bicycles, and vehicular traffic. Grounds for Decision APPROVAL-existence of one or more of the following DENIAL-the grounds for approval do not exist 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.