Loading...
418 Mako Drive ZVAR21-0003 Packet (Roman)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. ZVAR21-0003 Request for a variance to allow two sheds on a residential lot. LOCATION 418 Mako Drive (RE# 171472-0000) APPLICANT Maria Roman DATE April 20, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Maria Roman, the owner of the property at 418 Mako Drive. This property is located on the west side of Mako Drive in the residential, single-family (RS- 1) zoning district. The applicant has an existing shed in the rear yard of the property. The existing shed is approximately 96 square feet. The applicant is seeking a variance to allow a second shed on the property. The proposed shed will be 80 square feet and 9 feet and 6 inches in height. The proposed shed will meet the accessory structure setbacks of 5 feet in the rear and side yards. Section 24-151 (b) (1) (l) “Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines.” 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. (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, “We would like to have a second shed in our backyard for extra storage.” The applicant stated that they have noticed some neighbors in the area have more than one shed in their yard. Page 3 of 3 (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0003, 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 ZVAR21-0003, 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 allow two sheds on a residential lot. ZVAR21-0003 418 Mako Drive Site Context and Details Located on the west side of Mako Drive –just north of Triton Rd. Zoned Residential, Single Family (RS-1) Site Context and Details Proposed Plan The applicant is planning to build a shed in the rear yard of the property. The proposed shed is 80 square feet and 7 feet 10 inches in height. Need for Variance There is an existing shed on the property. Section 24-151(b)(1)(l) limits the number of detached storage or tool sheds allowed on any single residential lot to 1. Existing shed Proposed shed Considerations The proposed shed will not exceed the size, height, and setback requirements for 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. ACC21-0006 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. Some board members may be participating virtually but at a minimum a quorum will be present in-person. Virtual participation can be accessed via https://www.coab.us/506/Meeting-Videos. You will be prompted to register. You must register to watch/listen or to provide public comment. In person participation will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR21-0003 Address: 418 Mako Drive Applicant: Maria J Roman PUBLIC HEARING Body: Community Development Board Date April 20, 2021 Time: 6:00 PM Request: Request for a variance to allow two sheds on a residential lot. Summary: The applicants are requesting a variance to Section 24-151 (b) (1) (l) which restricts the number of sheds on any single residential lot to one (1). 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.