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1505 Park Terrace East ZVAR21-0016 Packet (Andrews)Proposed 12x14 finished shedExisting sidewalkExisting old growth Live OaksExisting brick paver patio Proposed 12x14 finished shedExisting sidewalkExisting old growth Live OaksExisting brick paver patio CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR21-0016 Request for a variance to the platted Building Restriction Line (BRL) at 1505 Park Terrace East. LOCATION 1505 Park Terrace East APPLICANT David Andrews DATE October 19, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, David Andrews, is the owner of 1505 Park Terrace East. This property is located on the northeast corner of Park Terrace East and Seminole Road, within the Residential, Single- Family, Large Lots (RS-L) zoning district. The applicants would like to build a detached guest house on the south side of the property. The applicant is requesting a variance to section 24-17 to allow a detached guest house to exceed the 35ft Building Restriction Line platted on Seminole Road. Section 24- 17 of the Land Development Regulations “building restriction line (BRL) shall mean the line(s) extending across the front, sides, and/or rear of a lot or the property, as depicted on a platted lot of record. Building shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by city staff, shall be enforceable by the city”. Based on the city codes the south side of the property is considered the front yard and east side is considered the side yard. For the purpose of the proposed project, staff is recognizing the property line abutting Park Terrace East as the front property line. Section 24-17 of the Land Development Regulations “lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. Unless conflicting with the prevailing development pattern of the adjacent lots, the exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot, the exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot, and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located”. This property has a 35 ft platted BRL along Seminole Road and a platted 40 ft BRL along Park Terrace East. Currently, the existing residence meets both the 40ft and 35ft BRL established in the plat for this lot. Page 2 of 4 The detached guest house is proposed to extend beyond the 35 foot BRL along Seminole Road but will not exceed the 10 foot required side yard setback for corner lots and minimum 5-foot side yard setback in the RS-2 zoning district. The proposed detached guest house is 192 square feet. 40 ft BRL 35 ft BRL Proposed guest house 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 stated the 30’ Building Restriction Line and the orientation of the front/back/side yard building lines has pinned the property to the north West corner of the lot, thus restricting approximately 50% of the side yard from use. The proposed addition would bring the 925 sq. ft. home up to about 1,400 sq, ft. Many neighbors had added comparable additions to expand their living spaces. (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. The applicant stated that the irregular angles of the Building Restriction Line restricts the buildable area of the substantial side yard to expand the house. (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 ZVAR21-0001, request for a variance to allow construction of a pergola beyond the 48” maximum structural projection 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. Page 4 of 4 (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 ZVAR21-0001, request for a variance to exceed the Building Restriction Line as depicted on the plat of this lot. Request for a variance to the platted Building Restriction Line(BRL). ZVAR21-0016 1505 Park Terrace East Site Context and Details Located on the northeast corner of Park Terrace East and Seminole Road. Zoned Residential, Single Family, Large Lots (RS-L) Property has a 40ft Building Restriction line along Park Terrace East and a 35ft Building Restriction Line along Seminole Road Site Context and Details Proposed Plan The applicant is planning to build a detached guest house . The proposed guest house is 16 feet by 12 feet. 40 ft BRL 35 ft BRL Proposed guest house Need for Variance The proposed guest house would extend beyond the 35 foot Building Restriction Line along Seminole Road but meet the min. side yard set back of 10 feet. The Selva Marina Unit No. 2 has a 35 ft. BRL that is to be enforced over the required setback for the RS-L zoning district. Considerations The proposed guest house will not exceed the maximum size required by section 24-151, accessory structures. 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 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: ZVAR21-0016 Address: 1505 Park Terrace East (RE #171951-0000) Applicant: David Andrews PUBLIC HEARING(S) Body: Community Development Board Date October 19, 2021 Time: 6:00 PM Request: Request for a variance to the platted Building Restriction Line (BRL) at 1505 Park Terrace East. Summary: The applicant is requesting a variance to build a guest house within the 35 foot Building Restriction Line (BRL) at 1505 Park Terrace East. The proposed guest house is 192 square feet. 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. 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.