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0 Tulip Street ZVAR21-0010 Packet (McQuiston)VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 ZONING CODE RE# NAME PROPERTY LOCATION ADDRESS PHONE #CELL # EMAIL LOT/PARCEL SIZE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION APPLICANT INFORMATION ZIP CODESTATECITY Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 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. PROVISION FROM WHICH VARIANCE IS REQUESTED UTILITY PROVIDER 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. BLOCK #LOT # 19 VARIANCE APPLICATION 08.25.2020 Homeowner's Association or Architectural Review Committee approval required for the proposed construction (if yes, this must be submitted with any application for a Building Permit)NOYES I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent ____________________________________________________ Notary Signature My Commission expires ________________________________ NoYesOath Sworn: State of _____________________ County of ___________________ Signed and sworn before me on this ________ day of ______________________, _________ by _______________________________________________________________________________ Identification verified: ____________________________________________________________ DATEPRINT OR TYPE NAMESIGNATURE OF APPLICANT (2) DATEPRINT OR TYPE NAMESIGNATURE OF APPLICANT FOR INTERNAL OFFICE USE ONLY FILE # ____________________ RS-2 170985-0000 / 170986-0000 Adam McQuiston 0 Tulip Street (RE# 170985-0000 / 170986-0000) 768 Vecuna Road (904) 874-5536 904 874 5536 mcquistona@gmail.com 102 x 100' Residential Low 32233FLAtlantic Beach 24-252(c) to allow crushed granite/gravel road JEA in place of paved asphalt road. Note Tulip Street is a dead-end and no additional land is able to be developed. 177 Lot 3 & 4 May 6, 2021Adam McQuiston ZVAR21-0010 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. 19 VARIANCE APPLICATION 08.25.2020 Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance 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. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section 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. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 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 or Record warranting a Variance in order to provide for the reasonable use of the property. COAB is asking for property owner to pave and engineer a city road with asphalt in order to obtain a building permit . Neither of the homes (1040 Tulip or 1095 Tulip) were required to pave this road prior. It should be noted that 1095 Tulip was constructed less than 2 years ago. It is an extraordinary financial burden placed on the property owner to pave a city road and cost prohibitive. This is for access to a single family home. Tulip Street was never paved in completion by the City of Atlantic Beach, yet has 3 platted lots (2 of them occupied by homes). How is the burden put on the property/home owner to pave a city road? The improvement offered by the property owner (Adam McQuiston) of using gravel is a reasonable and fair alternative to a paved asphalt road and an improvement from the current condition to access a single family home. ADDITIONAL COMMENTS: 19 VARIANCE APPLICATION 08.25.2020 See Additional comments, notes and images attached. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR21-0010 Request for a variance from Section 24-252(c) to develop a vacant property without extending the street LOCATION 0 Tulip Street (RE# 170985-0000/ 170986-0000) APPLICANT Adam McQuiston DATE July 20, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Adam McQuiston, the owner of three (3) vacant properties on Tulip Street. These properties are located on the east side of Tulip approximately 140 feet south of the intersection of W Plaza and Tulip Street. The properties are in the residential, single-family, (RS-2) zoning district. The applicant plans on building a single-family home on the western two properties and is requesting a variance to section 24-252(c) to vary the requirements to extend the street and by default requires a variance to section 24-252 (j) which requires a cul-de-sac at dead-end streets. The request is from section 24-252 (c) which states, “every lot, development parcel or new subdivision shall have access to a paved street dedicated to public use, which has been accepted and maintained by the city. It shall be the responsibility of the developer to design, construct and pave streets in accordance with the requirements of this division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city”. This extension of the street creates a dead-end street. Therefore, a variance is needed from section 24-252 (j) which states, “dead-end street, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. 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. Page 2 of 5 This property is located approximately 140 feet from the south end of the pavement on Tulip Street. When property to the north, 1095 Tulip Street, developed in 2018, the City inadvertently missed the requirement for the street extension did not require the property owners to extend the street. The applicant is proposing to extend the existing gravel road approximately 150 feet and add concrete curbing. Section 24-252 (i) requires this 30-foot right-of-way to have a min. of 10 feet of pavement. Section 24-252 (j) requires cul-de-sacs at dead ends. Proposed Single family home Tulip Street Page 3 of 5 Page 4 of 5 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 applicant stated, “COAB is asking for property owners to pave and engineer a city road with asphalt in order to obtain a building permit. Neither of the homes (1040 Tulip or 1095 Tulip) were required to pave this road prior. It should be noted the 1095 Tulip was constructed less than 2 years ago. It is an extraordinary financial burden placed on the property owner to pave a city road and cost prohibitive. This is for access to a single family home”. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Approx. 140 feet Page 5 of 5 The applicant stated, “Tulip Street was never paved in completion by the City of Atlantic Beach, yet has 3 platted lots (2 of them occupied by homes). How is the burden put on the property/home owner to pave a city road? The improvement offered by the property owner (Adam McQuiston) of using gravel with concrete curbing is a reasonable and fair alternative to a paved asphalt road and a vast improvement from the current condition”. (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 ZVAR21-0010, request for a variance to Section 24-252 (c) 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 ZVAR21-0010, request for a variance to Section 24-252 (c) upon finding this request is not consistent with the definition of a variance. McQuiston Property Variance Request 0 Tulip Street RE# 170985-0000 City of Atlantic Beach File # ZVAR21-0010 PROVISION FROM WHICH VARIANCE IS REQUESTED: 24-252(c) to allow crushed granite/gravel road in place of paved asphalt road. Note: Tulip Street is a dead-end and no additional land is able to be developed. Introduction: Adam McQuiston has been a home owner and tax payer in Atlantic Beach (768 Vecuna Road) for 21 years. Summary of Land Purchase: Property purchased August 27, 2020: 0 Tulip Street (RE# 170985-0000 / 170986-0000 / 170989-0014) Lots 3 & 4 Block 177, Lots 3,4,5 & 6 Block 178). These lots have now been combined into a single parcel/RE# and will only be building one home on the entire parcel). The new RE# is 170985-0005 to build a single family home. Grounds for Approval of Variance: 1. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Description of Exceptional Circumstance: COAB is asking for property owner to engineer and pave a city road with asphalt in order to obtain a building permit for a single family home on .7 acres of land. Neither of the homes (1040 Tulip or 1095 Tulip) were required to pave this road prior. It should be noted that 1095 Tulip was constructed less than 2 years ago after the road ordinance was passed but not required to pave Tulip Street. •The stretch of unpaved road is approximately 150 feet long with a requirement or 12 feet in width from where Tulip Street’s existing pavement ends to the entrance of my property. Had 1095 Tulip Street been required to pave up to their driveway, I would only be effectively responsible for approximately 20 ft. of asphalt. •Estimates for engineering and paving this road to the specifications the City Building Department are between $10,000 -$40,000 depending on the contractor for paving and $4000 -$6000 for engineering and soil boring costs. It is an extraordinary financial burden placed on a single property owner to pave a city road and cost prohibitive. •Estimated time lines for engineering require a minimum of 60 days to begin the process. Once engineering is completed, it can take an additional 30-45 days to commence paving by an asphalt company. These timelines will delay the building permit by a minimum of 90 -120 days. Solution Suggested by Property Owner: The owner (Adam McQuiston) of 0 Tulip Street (RE# is 170985-0005) urges the CDB to grant him the option of using gravel or asphalt millings with no engineering required as a cost effective and reasonable means to access the property. This will provide a vast improvement to the current dirt road and allow accessibility for fire, public safety, US Mail, Deliveries, etc. 2. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Description of Exceptional Circumstance: Tulip Street was never paved in completion by the City of Atlantic Beach, yet has 3 platted lots (2 of them occupied by homes). How is the burden put on a single property/home owner to pave a city road? The improvement offered by the property owner (Adam McQuiston) of using gravel or millings is a reasonable and fair alternative to an engineered and paved asphalt road to access a single family home. Solution Suggested by Property Owner: Same as Suggestion 1 Other Considerations for Granted Variance 1.Paving this city road will benefit access and increase value of the other homes on the street and increase the curb appeal of the neighborhood all at the expense of a single owner. 2.I am an existing tax payer already. Once this home is built on this property and accessed value, the city will be adding even larger revenue going forward. By not allowing a building permit to begin construction is not only impeding progress for the owner, but effectively stifling future revenue for the city. 3.The other homeowners on this street were not required to pave up to where their driveways access their homes, so why should I be responsible for their portion of the road? 4.There are no city utilities provided in this part of Atlantic Beach. (Why is this the case? I will be responsible to install septic and well for water which is already a large initial expense). Why does this road need to be engineered if no utilities are available and a site plan for the home and drainage of the property are provided already? 5.The city streets surrounding this area are poorly maintained and in many cases not to standard. If the city wants me to pave to standard, then the city of Atlantic Beach should be responsible to improve the surrounding roads for all who live and visit this area by allocated use of city tax dollars. 6.This is a dead-end street leading to a single family home with no further building or development available. Survey with Proposed Building Pad Aerial View of Property Existing Tulip Street (coming into property from North End) Tulip Street Pavement Ends (currently dirt, loose rock, grass & millings) Tulip Street In Front of 1095 Driveway (view from South End ) Tulip Street In Front of 0 Tulip Street Future Driveway (view from South End ) Tulip Street Access 1095 Tulip Street Driveway (loose gravel to 1095 driveway) 1095 Tulip Street Driveway Distance to Entry of 0 Tulip Property (Noted Approx. 20ft) 0 Tulip Street Proposed Driveway Distance Noted from 1095 Neighbor to 0 Tulip Property (Had 1095 Tulip Street been required to pave up to their driveway, I would only be effectively responsible for approximately 20 ft. of asphalt.) Various Images of 0 Tulip Property Conclusion: •1095 Tulip Street was granted a building permit even though the city street paving ordinance was in place prior to the commencement of building. If they had been required to pave up to their driveway, I would only be effectively responsible for approximately 20 ft. of asphalt to access my property. It is unjust to place the financial burden of city road improvement on a single owner. We pay taxes for this reason. •Engineering and paving this road to the specifications of the City Building Department are cost prohibitive and should not fall on a single property owner. •Estimated timelines will delay the building permit being issued by a minimum of 90 -120 days impeding the progress of the build. •Gravel and/or Asphalt millings will provide a reasonable and timely solution. •The owner will take responsibility to grade and improve the condition of the road by laying gravel at his own expense and can start this immediately if granted the variance. •The city does not provide utilities to this area, so why does this road need to be engineered and paved if no utilities are available and a site plan for the home and drainage of the property are provided? •This is a dead-end street leading to a single family home with no further building or development available. McQuiston Property Variance Request 0 Tulip Street RE# 170985-0000 City of Atlantic Beach File # ZVAR21-0010 PROVISION FROM WHICH VARIANCE IS REQUESTED: 24-252(c) to allow crushed granite/gravel road in place of paved asphalt road. Note: Tulip Street is a dead-end and no additional land is able to be developed. Introduction: Adam McQuiston has been a home owner and tax payer in Atlantic Beach (768 Vecuna Road) for 21 years. Summary of Land Purchase: Property purchased August 27, 2020: 0 Tulip Street (RE# 170985-0000 / 170986-0000 / 170989-0014) Lots 3 & 4 Block 177, Lots 3,4,5 & 6 Block 178). These lots have now been combined into a single parcel/RE# and will only be building one home on the entire parcel). The new RE# is 170985-0005 to build a single family home. Grounds for Approval of Variance: 1. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Description of Exceptional Circumstance: COAB is asking for property owner to engineer and pave a city road with asphalt in order to obtain a building permit for a single family home on .7 acres of land. Neither of the homes (1040 Tulip or 1095 Tulip) were required to pave this road prior. It should be noted that 1095 Tulip was constructed less than 2 years ago after the road ordinance was passed but not required to pave Tulip Street. •The stretch of unpaved road is approximately 150 feet long with a requirement or 12 feet in width from where Tulip Street’s existing pavement ends to the entrance of my property. Had 1095 Tulip Street been required to pave up to their driveway, I would only be effectively responsible for approximately 20 ft. of asphalt. •Estimates for engineering and paving this road to the specifications the City Building Department are between $10,000 -$40,000 depending on the contractor for paving and $4000 -$6000 for engineering and soil boring costs. It is an extraordinary financial burden placed on a single property owner to pave a city road and cost prohibitive. •Estimated time lines for engineering require a minimum of 60 days to begin the process. Once engineering is completed, it can take an additional 30-45 days to commence paving by an asphalt company. These timelines will delay the building permit by a minimum of 90 -120 days. Solution Suggested by Property Owner: The owner (Adam McQuiston) of 0 Tulip Street (RE# is 170985-0005) urges the CDB to grant him the option of using gravel or asphalt millings with no engineering required as a cost effective and reasonable means to access the property. This will provide a vast improvement to the current dirt road and allow accessibility for fire, public safety, US Mail, Deliveries, etc. 2. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Description of Exceptional Circumstance: Tulip Street was never paved in completion by the City of Atlantic Beach, yet has 3 platted lots (2 of them occupied by homes). How is the burden put on a single property/home owner to pave a city road? The improvement offered by the property owner (Adam McQuiston) of using gravel or millings is a reasonable and fair alternative to an engineered and paved asphalt road to access a single family home. Solution Suggested by Property Owner: Same as Suggestion 1 Other Considerations for Granted Variance 1.Paving this city road will benefit access and increase value of the other homes on the street and increase the curb appeal of the neighborhood all at the expense of a single owner. 2.I am an existing tax payer already. Once this home is built on this property and accessed value, the city will be adding even larger revenue going forward. By not allowing a building permit to begin construction is not only impeding progress for the owner, but effectively stifling future revenue for the city. 3.The other homeowners on this street were not required to pave up to where their driveways access their homes, so why should I be responsible for their portion of the road? 4.There are no city utilities provided in this part of Atlantic Beach. (Why is this the case? I will be responsible to install septic and well for water which is already a large initial expense). Why does this road need to be engineered if no utilities are available and a site plan for the home and drainage of the property are provided already? 5.The city streets surrounding this area are poorly maintained and in many cases not to standard. If the city wants me to pave to standard, then the city of Atlantic Beach should be responsible to improve the surrounding roads for all who live and visit this area by allocated use of city tax dollars. 6.This is a dead-end street leading to a single family home with no further building or development available. Survey with Proposed Building Pad Aerial View of Property Existing Tulip Street (coming into property from North End) Tulip Street Pavement Ends (currently dirt, loose rock, grass & millings) Tulip Street In Front of 1095 Driveway (view from South End ) Tulip Street In Front of 0 Tulip Street Future Driveway (view from South End ) Tulip Street Access 1095 Tulip Street Driveway (loose gravel to 1095 driveway) 1095 Tulip Street Driveway Distance to Entry of 0 Tulip Property (Noted Approx. 20ft) 0 Tulip Street Proposed Driveway Distance Noted from 1095 Neighbor to 0 Tulip Property (Had 1095 Tulip Street been required to pave up to their driveway, I would only be effectively responsible for approximately 20 ft. of asphalt.) Various Images of 0 Tulip Property Conclusion: •1095 Tulip Street was granted a building permit even though the city street paving ordinance was in place prior to the commencement of building. If they had been required to pave up to their driveway, I would only be effectively responsible for approximately 20 ft. of asphalt to access my property. It is unjust to place the financial burden of city road improvement on a single owner. We pay taxes for this reason. •Engineering and paving this road to the specifications of the City Building Department are cost prohibitive and should not fall on a single property owner. •Estimated timelines will delay the building permit being issued by a minimum of 90 -120 days impeding the progress of the build. •Gravel and/or Asphalt millings will provide a reasonable and timely solution. •The owner will take responsibility to grade and improve the condition of the road by laying gravel at his own expense and can start this immediately if granted the variance. •The city does not provide utilities to this area, so why does this road need to be engineered and paved if no utilities are available and a site plan for the home and drainage of the property are provided? •This is a dead-end street leading to a single family home with no further building or development available. 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. The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR21-0010 Address: 0 Tulip St. (RE #170985 0000/ 170986 0000) Applicant: Adam McQuiston PUBLIC HEARING(S) Body: Community Development Board Date July 20, 2021 Time: 6:00 PM Request: Request for a variance from Section 24-252(c) to install a crushed granite/gravel street in lieu of a paved street for new development. Summary: The applicant is requesting a variance from Section 24-252(c) which requires new development to have access to a paved street and that it shall be the responsibility of the developer to design, construct and pave streets in accordance with city code. 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. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. The city will hold a “hybrid” meeting as outlined in Resolution No. 20-32 for board participation. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. 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.