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135 Pine Street ZVAR21-0012 Packet (Goldschmidt)SCREEN ENCLOSURE LIKE-FOR-LIKE VARIANCE REQUEST SONDRA GOLDSCHMIDT 135 PINE ST., ATLANTIC BEACH, FL, 32233 PROJECT REQUEST Impact Enclosures Inc. to perform the project. Their submission request: “There is an existing concrete slab underneath the existing covered screened wood area. The proposed project is to tear out the enclosure and the wood deck in this space. We would then add concrete on top of the existing footprint to bring it level with the house. A like-for- like footprint will be maintained. The screen enclosure will go on top.” DILEMMA: “In order to be approved by zoning, the screen enclosure must meet the side yard setbacks of 5 feet. The current setback is 2 feet from the south property line. To meet setbacks, the width of the structure must be reduced 3 feet on the south side of the property.” THE CURRENT STRUCTURE PRE-DATES 2004 DUVAL AERIAL 2004 DUVAL AERIAL 2013 SOURCES: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100# FILE:///C:/USERS/SGOLDSCH/DOWNLOADS/REPORT.PDF THE CURRENT STRUCTURE PRE-DATES 2004 DUVAL AERIAL 2015 DUVAL AERIAL 2020 SOURCE: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100# LOT REQUIREMENTS ZONING DISTRICT RS-2 MY PROPERTY IS ONLY 25 FT. WIDTH, INSTEAD OF 75 FT. THIS COMPLICATES THE SIDE SETBACKS (5 FT.) AND MOVING THE STRUCTURE ANYWHERE ELSE IN THE BACKYARD. IN ADDITION, IT IS A GRANDFATHERED IN STRUCTURE FOR THE CURRENT PLACEMENT AS THERE IS A CEMENT SLAB ALREADY UNDER THE STRUCTURE. SOURCE: HTTPS://LIBRARY.MUNICODE.COM/FL/ATLANTIC_BEACH/CODES/CODE_OF_ORDINANCES?NODEID=PTIICOOR_CH24LADERE_ARTIIIZORE CURRENT STRUCTURE PICTURES PRE-EXISTING CEMENT SLAB UNDERNEATH THE WOOD DECK. THERE IS A FOUNDATION WALL WHICH THE PORCH RUNS AGAINST. THE 5 FT. SIDE YARD SETBACK CANNOT MEET THIS WITH THE EXISTING FOOTPRINT. SOURCE: HTTPS://WWW.ZILLOW.COM/HOMEDETAILS/135-PINE-ST-ATLANTIC-BEACH-FL-32233/44616237_ZPID/? CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0012 Request for a variance to reduce the side yard setback to rebuild an existing screen enclosure. LOCATION 135 Pine Street (RE# 170636-0100) APPLICANT Sondra Goldschmidt DATE August 17, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Sondra Goldschmidt, the owner of the townhome at 135 Pine Street. This property is 25 feet wide by 100 feet deep and is zoned residential, single-family (RS-2). She purchased the property in June of 2020. The existing two-story townhouse was built in 1979 with a patio in the rear. In 1985, a permit was granted for a wood porch to be constructed over the existing patio. The porch was later enclosed without a permit. The porch had a proposed setback of three (3) feet from the property to the south and met the existing zoning code. Per section 24-82 (a) decks and patios less than thirty (30) inches are not subject to the required setbacks and can be built up to the property line. Based on aerial photos the porch was illegally converted into a screened enclosure sometime between 1985 and 2004. The current survey (2019) shows the existing screened enclosure setback two (2) feet from the neighboring townhouse. Since the screen enclosure is attached to the primary structure it would need to meet the required side yard setback. The applicant is seeking a variance from Section 24-106(e) which requires a minimum side yard setback of five (5) feet. The applicant would like to remove the existing screened enclosure and wood deck and construct a screened enclosure with the same side set back of two (2) feet. The proposed new screened enclosure is proposed to be placed in the same location as the existing non-permitted enclosure. Page 2 of 4 Due to the lack of the required five (5) foot required side yard setback the existing non-permitted enclosure is nonconforming. Section 24-85(b)(6) states “the voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction there after shall comply with the terms of this chapter”. Page 3 of 4 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, “The structure is on a townhouse, therefore I cannot be 5 ft. (side yard setback) from my neighbor (connecting house). There is a cement slab already there underneath the wooden structure”. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant wrote, “The current structure and cement slab have been on the property since 1995. The variance request is to improve this structure by building a like-for-like replacement on the cement slab. Cannot move the cement as already at the 45% impervious surface.” (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 applicant wrote, “The width of the property is 25’ and the length 100’. The lot width is under the 75’ requirement for zoning district RS-2. This does not allow ease of movement of structure to fit in the required setback of 5’. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0012, request for a variance to Section 24-106 (e)(3) 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 4 of 4 Or, The Community Development Board may consider a motion to deny ZVAR21-0012, request for a variance to Section 24-106(e)(3), finding this request is not consistent with the definition of a variance. Request for a variance to reduce the side yard setback to rebuild an existing screen enclosure. ZVAR21-0012 135 Pine Street Site Context and Details Located approx. 170 feet north of the Pine St and Sturdivant Ave intersection. Zoned Residential, Single Family (RS-2) Lot is 25ft wide by 100ft deep Purchased by applicant in June 2020 Site Context and Details Background 1979 the existing two-story townhouse was built with a patio in the rear 1985 a permit was granted for a wood porch to be constructed over the existing patio Between 1985 and 2004 the porch was illegally converted into a screened enclosure by one of the previous owners Proposed PlanThe applicant is proposing to remove the existing wood deck and screened enclosure and construct a new screened enclosure. The proposed screened enclosure would have the same foot print. Need for Variance The proposed screened enclosure would have a side yard set back of 2 feet. RS-2 zoning district requires a side yard setback of 5 feet. Considerations The existing structure is a townhouse. The lot width is 25 feet which does not meet the minimum lot width of 75 feet. 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. SCREEN ENCLOSURE LIKE-FOR-LIKE VARIANCE REQUEST SONDRA GOLDSCHMIDT 135 PINE ST., ATLANTIC BEACH, FL, 32233 PROJECT REQUEST Impact Enclosures Inc. to perform the project. Their submission request: “There is an existing concrete slab underneath the existing covered screened wood area. The proposed project is to tear out the enclosure and the wood deck in this space. We would then add concrete on top of the existing footprint to bring it level with the house. A like-for- like footprint will be maintained. The screen enclosure will go on top.” DILEMMA: “In order to be approved by zoning, the screen enclosure must meet the side yard setbacks of 5 feet. The current setback is 2 feet from the south property line. To meet setbacks, the width of the structure must be reduced 3 feet on the south side of the property.” THE CURRENT STRUCTURE PRE-DATES 2004 DUVAL AERIAL 2004 DUVAL AERIAL 2013 SOURCES: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100# FILE:///C:/USERS/SGOLDSCH/DOWNLOADS/REPORT.PDF THE CURRENT STRUCTURE PRE-DATES 2004 DUVAL AERIAL 2015 DUVAL AERIAL 2020 SOURCE: HTTPS://MAPS.COJ.NET/DUVALPROPERTY/DEFAULT.ASPX?IMG=IMG&RE=170636-0100# LOT REQUIREMENTS ZONING DISTRICT RS-2 MY PROPERTY IS ONLY 25 FT. WIDTH, INSTEAD OF 75 FT. THIS COMPLICATES THE SIDE SETBACKS (5 FT.) AND MOVING THE STRUCTURE ANYWHERE ELSE IN THE BACKYARD. IN ADDITION, IT IS A GRANDFATHERED IN STRUCTURE FOR THE CURRENT PLACEMENT AS THERE IS A CEMENT SLAB ALREADY UNDER THE STRUCTURE. SOURCE: HTTPS://LIBRARY.MUNICODE.COM/FL/ATLANTIC_BEACH/CODES/CODE_OF_ORDINANCES?NODEID=PTIICOOR_CH24LADERE_ARTIIIZORE CURRENT STRUCTURE PICTURES PRE-EXISTING CEMENT SLAB UNDERNEATH THE WOOD DECK. THERE IS A FOUNDATION WALL WHICH THE PORCH RUNS AGAINST. THE 5 FT. SIDE YARD SETBACK CANNOT MEET THIS WITH THE EXISTING FOOTPRINT. SOURCE: HTTPS://WWW.ZILLOW.COM/HOMEDETAILS/135-PINE-ST-ATLANTIC-BEACH-FL-32233/44616237_ZPID/? 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: ZVAR21-0012 Address: 135 Pine Street (RE #170636-0100) Applicant: Sondra Goldschmidt PUBLIC HEARING(S) Body: Community Development Board Date August 17, 2021 Time: 6:00 PM Request: Request for a variance to reduce the side yard setback to rebuild an existing screen enclosure. Summary: The applicant is requesting a variance from Section 24-106(e) which requires a minimum side yard setback of 5 feet. The applicant is requesting to reduce this setback to 2 feet to rebuild a screen enclosure like-for-like. 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.