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2309 Fiddlers Lane ZVAR21-0002 Packet (Pesterfield)ZVAR21-0002 RESO21-0007 RESO21-0007 RESO21-0007 2309 Fiddlers #101/24/2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0002 Request for a variance to increase the maximum pergola size from 150 square feet to 493 square feet and to decrease the minimum rear yard accessory structure set back from five (5) feet to zero (0). LOCATION 2309 Fiddlers Lane APPLICANT John David Pesterfield DATE March 16, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, John David Pesterfield, is the owner of 2309 Fiddlers Lane. This property is located on the southern end of Fiddlers Lane with Seminole Road to the rear, within the Residential, Single- Family (RS- 1) zoning district. The applicant is proposing to build a 493 square foot pergola over an existing patio in the rear yard. The applicant is requesting a variance to section 24-151(g) to exceed the maximum pergola size of 150 square feet and to reduce the rear accessory set back of 5 feet to build up to the property line. Section 24-151 states “gazebos, pergolas, covered decks, and similar structures, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side lot lines”. The proposed pergola is located in the western side of the rear yard adjacent to the pool. The rear of this property backs up to a large community detention pond and Seminole Road. 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.” Page 2 of 3 Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated that the existing paver patio faces westward over East Oceanwalk Lake. This causes the sun to set over the patio in the summer months, making the patio useable. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated that the house is located at the end of a cul-de-sac. No neighbors exist to the east and south of the house and additional houses cannot be constructed. The addition of a pergola will not impact the neighbor to the west. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that the positioning of the house results in the patio facing west over the lake. The setting sun during the summer renders patio unusable due to heat and glare. While most pergolas are decorative, this pergola will allow usage of patio year round. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated that the current limitation of overall pergola coverage will not allow full usage of patio. Enforcement would degrade usage and home value. Current setback requirements impair functional construction. Since a house cannot be constructed to south, no one would be affected by variance allowance. (5) Irregular shape of the property warranting special consideration. The applicant stated that the existing lot is irregular in design. Permitted patio is situated on southwest corner of lot. Since no house can be built to south or west, approval of variance would have no impact on current or future neighbors. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant stated that since no homes can be built on any side of the existing home, approval of the variance would have no impact on current or future neighbors. Approval would allow the proper construction of and full function ability of existing structures. Proposed pergola location Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0002, request for a variance to allow construction of a pergola to exceed the maximum 150 square feet and decrease the minimum rear accessory structure setback of 5 feet to zero 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 ZVAR21-0002, request for a variance to allow construction of a pergola to exceed the maximum 150 square feet and decrease the minimum rear accessory structure setback of 5 feet to zero upon finding this request is NOT consistent with the definition of a variance, and in accordance with the provisions of Section 24-65. Request for a variance to increase the maximum pergola size from 150 square feet to 493 square feet and to decrease the minimum rear yard accessory structure setback from 5 feet to zero. ZVAR21-0002 2309 Fiddlers Lane Site Context and Details Located between Fiddlers Lane and Seminole Road. Zoned Residential, Single Family (RS-1) Directly behind the lot is the Oceanwalk community detention pond. Site Context and Details Proposed Pergola Location Site Context and Details Proposed Pergola Location Seminole Rd. Proposed Plan The applicant is planning to build a pergola on the southwest corner of the lot over an existing patio. The proposed pergola is 493 square feet. Need for Variance The proposed pergola would exceed the 150 square foot maximum pergola size (exceeds by 343 sq ft.) The proposed pergola would also exceed the minimum accessory structure rear yard setback of 5 feet (build to rear property line) Considerations The buildable area is bound to the west by a 35 foot wide private vegetation buffer on the east side of the property. There is a pond to the south and there are no neighbors to the east. 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 from the board members only. Some board members may be participating virtually but at a minimum a quorum will be present in-person. The public is invited to participate in-person. In-person participation will be held in Commission Chambers located at 800 Seminole Road. Any materials or written documents must be presented to staff at a minimum of 24 hours prior to the hearing to be included as part of the record. PROJECT Property Location Map Item No: ZVAR21-0002 Address: 2309 Fiddlers Lane Applicant: John David Pesterfield PUBLIC HEARING Body: Community Development Board Date March 16, 2021 Time: 6:00 PM Request: Request for a variance to increase the maximum pergola size from 150 square feet to 493 square feet and to decrease the minimum rear lot line set back of 5 feet. Summary: The applicants are requesting a variance to Section 24-151(g) to build a pergola over an existing patio at 2309 Fiddlers Lane. 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.