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50 Forrestal Circle South ZVAR21-0001 Packet (Leiser)ZVAR21-0001 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0001 Request for a variance to the platted Building Restriction Line (BRL) at 50 Forrestal Circle South. LOCATION 50 Forrestal Circle South APPLICANT Kyle and Leia Leiser DATE February 16, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicants, Kyle and Leia Leiser, are the owners of 50 Forrestal Circle South. This property is located on the corner of Forrestal Circle South and Forrestal Circle North., within the Residential, Single- Family (RS-2) zoning district. The applicants would like to build an addition on the south side of the existing single family home. The applicant is requesting a variance to section 24-17 to allow an addition to exceed the 30ft Building Restriction Line in this subdivision. 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. 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”. Currently, the south side of the house meets the 30 foot Building Restriction Line established in the plat for this lot. The addition is proposed to extend beyond the 30 foot BRL but will not exceed the 20 foot required front yard setback and minimum 5-foot side yard setback in the RS-2 zoning district. Page 2 of 4 Proposed 25’ by 18’ addition 30 ft Building Restriction Line 20’ front yard set back 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 Page 4 of 4 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. (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). ZVAR21-0001 50 Forrestal Circle South Site Context and Details Located on the corner of Forrestal Cir South and Forrestal Cir North. Zoned Residential, Single Family (RS-2) Lot is on a curve with no distinct front yard. Site Context and Details Proposed Plan The applicant is planning to build an addition on the south side of the home. The proposed addition is 25 feet by 18 feet. 30 ft Building Restriction Line Proposed 25’ by 18’ addition 20’ front yard set back Location of proposed varaince Need for Variance The proposed addition would extend beyond the 30 foot Building Restriction Line but meet the min. RS-2 setback of 20 feet. The Atlantic Beach Villa Unit No. 1 has a 30 ft. BRL that is to be enforced over the required setback for the RS-2 zoning district. Considerations The proposed addition will not exceed the 20 ft. required front yard set back and 5 ft side yard set back in the RS-2 zoning district. The lot is irregular in shape with the front being on an angle with a large radius. No clear front or side yards and entire expanse of property fronting the street is encumbered wit the 30 BRL. 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. 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: ZVAR21-0001 Address: 50 Forrestal Cir S Applicant: Kyle Leiser and Leia Leiser PUBLIC HEARING Body: Community Development Board Date February 16, 2021 Time: 6:00 PM Request: Request for a variance to the platted Building Restriction Line (BRL) at 50 Forrestal Circle South. Summary: The applicants are requesting a variance to the Building Restriction Line to build an addition at 50 Forrestal Circle South. 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. Interested parties may appear virtually or in-person at the public hearing and be heard regarding the item(s). The city will hold a “hybrid” meeting as outlined in Resolution No. 20-32. The city will use following format as defined in Resolution 20-32 for these type of meetings: 1. The members of the General Public and the Applicants and/or Applicant’s Agent that choose to attend the hearing physically in the Commission Chambers will be directed to speak into a laptop that is logged in to the zoom meeting. 2. Applicants and/or Applicants’ Agent may attend physically or virtually. Witnesses and affected parties may appear virtually or physically on a limited basis consistent with health and safety procedures established by the City. All testimony at quasi-judicial hearings will be sworn under oath. Please be advised that members of the public and witnesses may or may not be granted physical access to the inside of Commission Chambers until it is their specific time to speak at the discretion of the meeting moderator present in the Commission Chambers. A speaker located outside of Chambers will also broadcast the meeting. 3. Presentation materials, documents, witness lists, photographs, and other evidence and exhibits must be provided to the City Clerk’s Office if the quasi-judicial hearing is occurring before the City Commission, or to the Community Development Board staff secretary if the hearing will occur before the Community Development Board, no later than three (3) business days prior to the meeting to provide all applicants, staff, board members, attorneys and adversely affected parties to have the same information prior to the start of the meeting or quasi-judicial hearing. 4. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to participate virtually will be requested to dial in to the announced phone bank number or connect to the zoom link for video and audio participation published on the specific agenda notice for that meeting. The participants will be placed on hold and queued for each agenda item public comment period or applicable public hearing. In the alternative, members of the public may provide written comment to the City Clerk or Community Development Board staff secretary prior to the hearing via U.S. Mail or email, no later than 6 hours before the meeting begins. The City staff present at the meeting or Board Chair will read any received written comments into the record. The City staff present at the meeting will receive and preserve all written comment consistent with Florida Public Records law but will only read into the record the equivalent of five minutes or 500 words. 5. An opportunity for persons to speak on each agenda item or case, virtually or in-person, will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence by adversely affected parties, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony will be given its due weight under Florida law. Applicants, City staff and adversely affected parties will be permitted to cross-examine witnesses and parties. However, the public may request the Board Chair or moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. 6. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson. 7. All other rules of decorum apply to the extent they do not conflict or are not applicable. The meeting moderator will monitor adherence to the Commission Rules of Procedure, these virtual Procedures or Robert’s Rules of Order and may mute any persons determined to be in violation. 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.