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1336 Violet Street ZVAR21-0006 Packet (Powell)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0006 Request for a variance to reduce the minimum rear and side yard setbacks for an existing unpermitted shed. LOCATION 1336 Violet Street (RE# 171060-0200) APPLICANT Richard Powell DATE April 27, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS Richard Powell, the applicant and spouse of the property owner at 1336 Violet Street has submitted a variance applicant to reduce the minimum rear and side yard setback for an existing accessory structure (shed). This property is located on the west side of Violet Street approximately 175 south of 14th Street in the Residential, General, Two-Family (RG) zoning district. On April 5, 2021, a Stop Work Order was posted on the property for instillation of a shed without a permit. The applicant applied for a building permit on April 15, 2021. The existing unpermitted shed is 144 square feet and in the rear yard of the property. The applicant is seeking a variance after the fact to allow a reduction in the minimum rear and side yard setbacks for accessory structures. Section 24-151(b)(1)(l) requires storage and tool sheds to be “a minimum distance of five (5) feet from the rear and side lot lines”. The existing location is three (3) feet from the rear property line and two (2) feet from the side property line. In addition, the shed is placed in the required on-site storm water retention area. Regardless of the outcome of this variance request the volume of in-filled retention area must be accommodated elsewhere on site. W. 14th St Violet St. 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. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant wrote “lot sizes are extremely small in this neighborhood. More than 10 houses have sheds within the 5 foot of property line requirement. To move the shed will cost more than building it.” (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. 2-foot setback 3-foot setback Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0006, request for a variance to Section 24-151 (b) (1) (l) 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 ZVAR21-0006, request for a variance to Section 24-151 (b) (1) (l), finding this request is not consistent with the definition of a variance. Request for a variance to reduce the minimum rear and side yard setbacks for an existing unpermitted shed. ZVAR21-0006 1336 Violet Street Site Context and Details Located on the west side of Violet Street. This residence is the southern unit of a two unit townhouse. Zoned Residential, General, Two-Family (RG) Proposed Plan The applicant has an existing, unpermitted shed in the rear yard of the property. The existing shed is 144 square feet. Need for Variance The location of the shed is 2 feet from the side property line and 3 feet from the rear property line. Section 24-151(b)(1)(l) states storage or tool sheds shall be a minimum distance of five (5) feet from the rear and side lot lines. Considerations The existing shed does not exceed the size requirement of accessory structures but is within the required side and rear yard setbacks. 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 a hybrid format that will allow for both virtual participation and in-person participation for board members. Some board members may be participating virtually but at a minimum a quorum will be present in-person. 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: ZVAR21-0006 Address: 1336 Violet Street Applicant: Richard Powell PUBLIC HEARING Body: Community Development Board Date May 18, 2021 Time: 6:00 PM Request: Request for a variance to reduce the minimum accessory structure setback for an existing shed. Summary: The applicants are requesting a variance to Section 24-151 (b) (1) (l) which requires sheds to meet a minimum setback of five (5) feet from rear and side property lines. The existing unpermitted shed has a three (3) foot setback in the rear and a two (2) foot setback on the side. 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.