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1912 Sherry Drive North ZVAR21-0013 Packet (Bussey)ZVAR21-0013 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0013 Request for a variance to exceed the maximum height and size for a detached garage in the Residential, Selva Marina (R-SM) zoning district. LOCATION 1912 North Sherry Drive (RE# 172020-0826) APPLICANT Rawan Kablawi and Andrew Bussey DATE September 21, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS Rawan Kablawi and Andrew Bussey, are the applicant and property owners of 1912 North Sherry Drive. This property is located at the northwest side of the cul-de-sac on North Sherry Street in the Residential, Selva Marina (R-SM) zoning district. The applicant is seeking a variance to Section 24-109(c)(1) which states; “Detached garages, guest house or guest quarters, sheds, gazebos, pergola, and other similar detached structures shall comply with the following: a. Maximum height: Fifteen (15) feet b. Maximum size: One hundred fifty (150) square feet; and c. Setbacks: Five (5) feet from any rear or side property line”. The R-SM zoning district replaced 11 separate PUDs with varying design requirements. When these PUDs were combined into a single zoning district for development of single-family residential areas that were originally developed as Selva Marina and Selva Tierra Planned Unit Developments (PUDs) during the 1970s and 1980s. This zoning district has specific accessory structure design requirements. Other than the R-SM, Planned Unit Development (PUD) and Special Planned Areas (SPA) zoning districts, accessory structures are regulated in Section 24-151. The differences between the R-SM accessory regulations and accessory regulations for other zoning districts are listed in the table below: Section 24-109 (c) R-SM Accessory Regulations Section 24-151 (d) Section 24-151 (e) Max. height 15’ 15’ 25’ Max. size 150 sq ft 600 sq ft. 600 sq ft. Side/rear yard setbacks 20’ 5’ 10’ Setback from house 5’ 5’ 5’ Page 2 of 4 The applicant is seeking a variance to build a 250 square foot detached garage in the rear yard that is 19 feet 2 inches in height. Under the R-SM district the detached garage exceeds the maximum size by 100 square feet and the maximum height by almost five (5) feet. Due to the maximum lot coverage regulations the applicant is also proposing to remove some impervious areas to accommodate the proposed garage. 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. The applicant stated, “We purchased the original home with a narrow wider single car garage. We had wanted to increase the size of the garage however that would have required the removal of an existing 52” Live Oak, which we want to keep and preserve. We are requesting a variance to increase the footprint of the detached garage to 250 sf to allow for an SUV for daily parking and space for an additional sedan should bad weather and hurricane occur”. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0013, request for a variance to Section 24-109 (c) (1) 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 ZVAR21-0013, request for a variance to Section 24-109 (c) (1), finding this request is not consistent with the definition of a variance. Request for a variance to exceed the maximum height and size for a detached garage in the Residential, Selva Marina (R-SM) zoning district. ZVAR21-0013 1912 North Sherry Drive Site Context and Details Located at the north end of N Sherry Drive. Zoned Residential, Selva Marina (R-SM) R-SM zoning district replaced 11 separate PUDS originally developed as Selva marina and Selva Tierra. Site Context and Details Other than the R-SM, Planned Unit Developments (PUD) and Special Planned Areas (SPA) zoning districts, accessory structures are regulated in Section 24-151. Section 24-109 (c) R-SM Accessory Regulations Section 24-151 (d) Detached garages, guest house, etc. Section 24-151 (e) 2-story detached garages, guest houses, etc. Max. height 15’15’25’ Max. size 150 sq ft 600 sq ft.600 sq ft. Side/rear yard setbacks 20’5’10’ Setback from house 5’5’5’ Proposed Plan The applicant is proposing to build a detached garage in the rear yard. The proposed detached garage is 250 square feet and 19 feet 2 inches in height. Proposed detached garage Need for Variance Section 24-109(c)(1) places additional requirements on accessory structures in the R-SM zoning district. Maximum height allowed is 15 feet and the maximum size is 150 square 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. 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 by the board. 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: ZVAR21-0013 Address: 1912 North Sherry Drive (RE #172020-0826) Applicant: Rawan Kablawi and Andrew Bussey PUBLIC HEARING(S) Body: Community Development Board Date September 21, 2021 Time: 6:00 PM Request: Request for a variance to exceed the maximum height and size allowed for a detached garage within the Residential, Selva Marina (R-SM) zoning district. Summary: In the Residential, Selva Marina (R-SM) zoning district, the maximum size allowed for a detached garage is 150 square feet and 15 feet in height. The applicant is seeking a variance for a proposed 250 square foot detached garage with a height of 18 feet 2 inches. 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.