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512 Vikings Lane ZVAR21-0004 Packet (Engle)CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR21-0004 Request for a variance to reduce the minimum rear yard setback to build an addition at 512 Vikings Lane. LOCATION 512 Vikings Lane APPLICANT Jason and Dawn Engle DATE April 20, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicants, Jason and Dawn Engle, are the owners of 512 Vikings Lane. This property is 75 feet wide by 100 feet deep and is located in the Residential, Single- Family (RS-2) zoning district. There is an existing, deteriorating sunroom at the back of the house. This sunroom was built without a permit in 2004 and then approved after the fact in 2005. The sunroom was built 17 feet, 1.5 inches from the rear property line. The minimum rear yard setback in this zoning district is 20 feet, making this sunroom a nonconforming structure. Section 24-85 (b)(6) states “the voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction there after shall comply with the terms of this chapter”. The applicants would like to remove this existing sunroom and construct an enclosed addition with the same rear setback of 17 feet, 1.5 inches. As such, the applicants are requesting a variance from section 24- 106(d)(2) to reduce the minimum rear yard setback from 20 feet to 17 feet, 2 inches. 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 stated “when we purchased the home in 2008, we recognized the permitted sun room was made of lesser quality construction materials and had always planned on upgrading it to a permanent addition which would be more energy efficient and retain the function and value of our home. We were unaware if was non-compliant until we began takin actual steps toward replacing the structure by obtaining a site plan drawing from an architect. It was them that we discovered the room is over the 20’ setback limit for the enclosed portion of the home in Atlantic Beach.” The applicant details reasoning in the application. (5) Irregular shape of the property warranting special consideration. Page 3 of 3 (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 ZVAR21-0004, request for a variance reduce the minimum rear yard setback to build an addition at 512 Vikings Lane, 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 ZVAR21-0004, request for a variance to reduce the minimum rear yard setback to build an addition at 512 Vikings Lane. Request for a variance to reduce the minimum rear yard setback to build an addition. ZVAR21-0004 512 Vikings Lane Site Context and Details Located on the south side of Vikings Lane Zoned Residential, Single Family (RS-2) Neighborhood south of the tennis courts in Jack Russell Park Site Context and Details Existing Sunroom Background Information •2004 sunroom built without a permit (previous owners) •2005 approved after the fact •Sunroom encroaches into required 20 foot rear yard setback by 2 feet 10 ½” Existing sunroom Proposed Plan The applicant is planning to rebuild a sunroom on the south side of the property –in the same location/size The proposed addition is 468 square feet. Existing sunroom Need for Variance The existing sunroom encroaches 2 feet 10 inches into the 20 foot rear yard. The property owners would like to re-build a new sunroom in the same location Sunroom would encroach Considerations The structure was approved as a sun room in 2005. 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: ZVAR21-0004 Address: 512 Vikings Lane Applicant: Jason and Dawn Engle PUBLIC HEARING Body: Community Development Board Date April 20, 2021 Time: 6:00 PM Request: Request for a variance to reduce the minimum rear yard setback to build an addition at 512 Vikings Lane. Summary: The applicants are requesting a variance to Section 24-106(d)(2) to reduce the minimum rear yard setback of 20 feet to build an addition at 512 Vikings 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.