Loading...
737 Triton Road ZVAR21-0014 Packet (Newell)ZVAR21-0014 ... removed due to the technicalities of replatting, not because they were deemed necessary to keep. Our corner lot is exceptionally affected due to front AND side yard BRLs. GARAGE BEDROOM BATH KITCHEN LIVING PORCH 20 20 10 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR21-0014 Request for a variance to the platted Building Restriction Line (BRL) at 737 Triton Road. LOCATION 737 Triton Road APPLICANT Benjamin Newell DATE September 21, 2021 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Benjamin Newell, is the owner of 737 Triton Road. This property is located on the northeast corner of Triton Road and Irex Road, within the Residential, Single- Family (RS-1) zoning district. The applicant would like to build an addition on the east and 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 platted 25ft Building Restriction Line in this subdivision. Section 24-17 of the Land Development Regulations regulates the as “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”. The original plats were hand drawn in 1960 and included a uniform 25-foot Building Restriction Line for all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers Page 2 of 5 use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the norm or character of the surrounding structures. In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25- foot BRL, such that the standard zoning district would apply (front yard setback of 20-feet). Staff observed that the most lots in Royal Palms have about 15-feet from the street curb in the right-of-way prior to the property line, so even with a standard 20-foot setback, the house will still be set back 30-35 feet from the street. City Commission hosted a workshop to discuss this and other Land Development Regulations updates. As a result, Commission directed staff to amend the Royal Palms subdivision plat to remove the 25-foot setback. At the December 14, 2009 Commission meeting, Commission approved a motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property owners and receive written approval from every property owner on the plats. In addition, if the property has a mortgage on the property the mortgage company must sign off on the plat too. This was not completed. Currently, the existing house meets the 25-foot Building Restriction Line established on both Triton Road and Irex Road. The proposed addition in the front side (Triton Street) would extend beyond the 25-foot BRL but will not exceed the 20-foot required front yard setback. The proposed addition to the east side Page 3 of 5 (corner side yard – Irex Rd) would extend beyond the 25-foot BRL and is proposing a 10-foot corner side yard setback. Both of these proposed setbacks are consistent with the minimum setbacks in the zoning district. The portion of the proposed addition on the eastern side (Irex Road) would project further than the front plane of the houses on either side of this block. Section 24-172 (a) (1-3) regulates residential development standards. The purpose is to ensure that buildings are compatible in mass and scale with surrounding buildings, maintaining a traditional scale of buildings as seen along the street and minimizing negative visual impacts of larger new or remodeled buildings upon adjacent properties. 25’ BRL Page 4 of 5 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 “25’ BLSs platted in 1960s are preventing reasonable use of the property compared to the rest of residential properties in Atlantic Beach. AB commission voted to remove BRLs in Royal Palms neighborhood in 2009 so that standard RS-1 setback would apply. These BRLs were not removed due to the technicalities of replatting, not because they were deemed necessary to keep. Our corner lot is exceptionally affected due to front AND side yard BRLs. (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. Proposed Addition Page 5 of 5 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR21-0014, request for a variance to the platted Building Restriction Line (BRL) 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 ZVAR21-0014, request for a variance to exceed the platted Building Restriction Line at 737 Triton Road. Request for a variance to the platted Building Restriction Line(BRL) at 737 Triton Road. ZVAR21-0014 737 Triton Road Site Context and Details Located on the northwest corner of Triton Road and Irex Road. Zoned Residential, Single Family (RS-1) Lot is bound by two 25-foot Building Restriction Lines (BRL) Site Context and Details 25 ft. BRL The Royal Palms neighborhood was developed in the early 1960’s. Original subdivision plats included a uniform 25-foot BRL for all street frontages and corner lots. Background May 2009, City Commission held a workshop & directed staff to amend the Royal Palms subdivision plat to remove the 25’ BRL. Properties would need to meet the minimum setbacks for the RS-1 zoning district. June 2009, brought to CDB along with other LDR changes. CDB recommended CC pass the LDR changes. December 14, 2009, CC directed staff to proceed with revision of the plat. At the time, Commission was not advised of the correct legal process for changing plat. 1.Mailers to over 600 property owners and their mortgage holders 2.All parties to sign off on removing BRL and replat of subdivision Proposed Plan The applicant is planning to build an addition on the south and east side of the existing home. The proposed addition is approximately 1070 square feet and the proposed porch addition is approximately 180 square feet. Location of proposed variance Need for Variance The proposed addition would extend beyond the 25 foot Building Restriction Line on Irex Road and Triton Road. The minimum setback in the RS-1 zoning district in the front yard is 20 feet and the side yard is 7.5 feet. The Royal Palms plat has a 25 ft. BRL that is to be enforced over the required setback for the RS-1 zoning district. The portion along Irex Rd. would project further than the front plane of the houses on either side of this block. 24-172 (a)(1-3)regulates residential development standards. The purpose is to ensure that buildings are compatible in mass and scale with surrounding buildings, maintaining a traditional scale of buildings as seen along the street and minimizing negative visual impacts of larger new or remodeled buildings upon adjacent properties. Considerations The proposed addition will not exceed the 20 ft. required front yard set back and 10 ft corner side yard setback in the RS-1 zoning district. The lot is bound by two 25 ft BRLs on the east and south side of the property. City Commission voted to remove the 25 ft BRL in the Royal Plats subdivision plat, but plats have not been revised. 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 from 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: ZVAR21-0014 Address: 737 Triton Road (RE #171418-0000) Applicant: Benjamin Newell PUBLIC HEARING(S) Body: Community Development Board Date September 21, 2021 Time: 6:00 PM Request: Request for a variance to the platted Building Restriction Line (BRL) at 737 Triton Road. Summary: The applicant is requesting a variance to build an addition within the 25 foot Building Restriction Line (BRL) at 737 Triton Road. The proposed addition would be 20 feet from the south property. 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. PUBLIC HEARING NOTICE The CITY OF ATLANTIC BEACH Community Development Board will hold a public hearing to consider and take action on the following item(s) on Tuesday, September 21st, 2021, at 6:00 PM in the Atlantic Beach Commission Chambers at 800 Seminole Road, Atlantic Beach, FL, 32233. Live stream video can be accessed via https: //www.coab.us/506/Meeting-Videos. ZVAR21-0013 1912 North Sherry Drive (RE# 172020 0826), Rawan Kablawi and Andrew Bussey 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. ZVAR21-0014 737 Triton Road (RE# 171418 0000), Benjamin Newell Request for a variance to the platted Building Restriction Line (BRL) at 737 Triton Road. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Board with respect to any matter considered at the meeting or at any subsequent meeting to which the Board has continued its deliberations is advised that such person will need to ensure 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 or at City Hall, 800 Seminole Rd., Atlantic Beach or by calling 904.247- 5917. Interested parties may appear at the public hearing. 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.