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Community Development Board (CDB) - 18 Jul 2023 - Agenda - Pdf City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, July 18, 2023 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the June 20th regular meeting of the Community 3 - 10 Development Board. Community Development Board (CDB) - 20 Jun 2023 - Minutes - Pdf 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 2311 Oceanwalk Drive West ZVAR23-0019 (Michael and Rachael McCann) - 11 Withdrawn Request for a variance from Section 24-105(f)(1) to exceed the maximum impervious surface area allowed within the RS-1 zoning district at 2311 Oceanwalk Drive West. 2311 Oceanwalk Drive West ZVAR23-0019 Staff Report 4.B. 576 Stocks Street ZVAR23-0018 (Ryan Tomka) 13 - 27 Request for a variance to exceed the maximum fence height at 576 Stocks Street. 576 Stocks Street ZVAR23-0018 Application 576 Stocks Street ZVAR23-0018 Staff Report 4.C. Chapter 24 (Land Development Regulations) and Impervious Area discussion 29 - 36 ImperviousAreaAnalysisMemoFinal 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. Page 1 of 36 Community Development Board (CDB) - 18 Jul 2023 If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 36 Agenda Item #2.A. 18 Jul 2023 MINUTES Community Development Board (CDB) Meeting Tuesday, June 20, 2023 - 6:00 PM Commission Chamber Present: Jennifer Lagner, Member Angela Farford, Member Harold Gear, Member Sylvia Simmons, Member Ellen Golombek, Member Richard Arthur, Alternate Member Absent: Kirk Hansen, Member Jeff Haynie, Member Also Present: Amanda Askew, Planning & Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner Jason Gabriel, City Attorney (CA) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Ms. Golombek who was covering in Chair Hansen's absence. Ms. Simmons arrived a few minutes later and chaired the rest of the meeting. 2. APPROVAL OF MINUTES A. Approve minutes of the May 17, 2023 regular meeting of the Community Development Board. The minutes were approved. 3. OLD BUSINESS A. 73 West 13th Street ZVAR23-0011 (Pamela Chappell) WITHDRAWN Request for a variance to reduce the minimum rear yard setback from 20 feet to 13 feet and side yard setback to 4.6 feet to construct a sunroom on the north side of the property at 73 West 13 th Street. Ms. Golombek explained that this case was deferred and then withdrawn. MOTION: To ACCEPT the withdrawal of ZVAR23-0011 as requested by the applicant. Motion: Harold Gear Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Angela Farford For Community Development Board (CDB) June 20, 2023 Page 1 of 8 Page 3 of 36 Agenda Item #2.A. 18 Jul 2023 Harold Gear (Moved By) For Ellen Golombek For Richard Arthur For Motion passed 5 to 0. 4. NEW BUSINESS A. 1864 Selva Grande Drive ZVAR23-0014 (Jeff Popp) Request for a variance from Section 24-109(c)(1) to reduce the minimum side yard setback and to exceed the maximum size to construct a detached carport at 1864 Selva Grande Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked about the size and height of the proposed structure. Planner Genest said the size was 1080 sq. ft. and 15 ft. high. Mr. Arthur asked if the 3 ft. setback is required for the existing driveway. Planner Genest explained that anything at ground level can be up to the property line so the existing driveway meets the code. She added that the proposed detached carport would be considered an accessory structure. Ms. Farford asked about the impervious surface ratio. Planner Genest said nothing was provided but the survey shows a lot of permeable surface area. Ms. Simmons asked Planner Genest to clarify exactly what the applicant is proposing. Planner Genest did so and explained that it wasn't the driveway that didn't meet setbacks but the proposed carport. APPLICANT REPORT: Jeff Popp introduced himself as the applicant. He said Planner Genest explained it well and asked the Board if they had any questions. Ms. Golombek asked if he could move it toward the home. He said it could and he didn't want to tear up the existing driveway to pour a new area. Ms. Golombek suggested he pour the concrete on the side closer to the house then the proposed structure wouldn't be in the setback. The applicant would still need a variance for the size of the structure. Mr. Arthur said he wasn't sure how the Board could go from 150 sq. ft. allowance to the proposed 1080 sq. ft. Ms. Simmons asked the applicant if he could do with less sq. ft. He explained that he wanted to cover a travel trailer and a truck but he really wanted to cover the travel trailer. There was discussion regarding withdrawing the request and come back with lesser demand. Ms. Askew said that withdrawal would require another fee but deferral to a future meeting date would not. PUBLIC COMMENT: Tom Fleming of 1850 Selva Grande Drive introduced himself as a neighbor. He said he was opposed to the approval of this request. Ms. Simmons provided a letter that was provided by Silet Wylie of 1855 Live Oak Lane. Ms. Golombek read the letter which was opposed to the approval of this request. BOARD DISCUSSION: Ms. Simmons asked the applicant if he would like to defer his request and he agreed to defer it to the September 19th meeting. Mr. Gear said in order Community Development Board (CDB) June 20, 2023 Page 2 of 8 Page 4 of 36 Agenda Item #2.A. 18 Jul 2023 to consider any future approval it would have to meet with the code. Ms. Lagner and Ms. Farford agreed with Mr. Gear. MOTION: To DEFER ZVAR23-0014 to the September 19th Community Development Board meeting. Motion: Harold Gear Second: Jennifer Lagner Jennifer Lagner (Seconded By) For Angela Farford For Harold Gear (Moved By) For Sylvia Simmons For Ellen Golombek For Richard Arthur For Motion passed 6 to 0. B. 91 Ocean Breeze Drive ZVAR23-0015 (Kyle and Caitlin Khadivi) Request for a variance from Section 24-108(f)(1) to exceed the maximum impervious surface area and Section 24-253 to exceed the maximum driveway width for the driveway replacement at 91 Ocean Breeze Drive. STAFF REPORT: Ejsfdups!Btlfx!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif! tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/ ! Ns/!Hfbs!btlfe!jg!uif!mpu!dpwfsbhf!dbmdvmbujpot!xjui!uif!qppm!qfsnju!xbt!fsspofpvt! boe!Ejsfdups!Btlfx!dpogjsnfe!ju!xbt/!!Tif!tbje!uibu!evsjoh!uif!qfsnjuujoh!qspdftt! Qvcmjd!Xpslt!ejeo(u!dbudi!uif!qsjwbuf!spbe!ejtdsfqbodz!xijdi!qvu!uif!jnqfswjpvt! tvsgbdf!sbujp!pwfs!uif!dpef/!!Ejsfdups!Btlfx!beefe!uibu!xifo!qmbot!bsf!tubnqfe!cz! bo!bsdijufdu!ps!fohjoffs!uifo!tubgg!cfmjfwft!uifn!up!cf!bddvsbuf/!!Ns/!Bsuivs!btlfe! xibu!uif!pggjdjbm!mpu!dpwfsbhf!xbt/!!Ejsfdups!Btlfx!tbje!tubgg!dbmdvmbufe!uif!fyjtujoh! mpu!dpwfsbhf!bu!64/9!&!xijdi!jodmveft!uif!qsjwbuf!spbe/!!Uifz!bsf!sfrvftujoh!bo! beejujpobm!249!tr/!gu/!xijdi!xpvme!ublf!uifn!vq!up!66/5&!mpu!dpwfsbhf!boe!56&!jt! xibu!jt!bmmpxfe/!!Uifsf!xbt!gvsuifs!ejtdvttjpo!bcpvu!tubgg(t!dbmdvmbujpot!boe!uif! bqqmjdbou(t!dbmdvmbujpot/!!Ejsfdups!Btlfx!opufe!uibu!sfhbsemftt!jg!uif!qsjwbuf!spbe!jt! ps!jt!opu!jodmvefe-!b!wbsjbodf!up!fydffe!mpu!dpwfsbhf!jt!sfrvjsfe/!!Tif!tbje!uibu!xifo! uif!qppm!xbt!cvjmu!ju!xbt!bo!pwfs.tjhiu!po!uif!qppm!dpousbdups(t!qbsu!up!jodmvef!uif! qsjwbuf!spbe!xijdi!hsfbumz!bggfdufe!uif!dbmdvmbujpot/!!Nt/!Mbhofs!btlfe!xip! nbjoubjot!uif!qsjwbuf!spbe/!!Qmboofs!Btlfx!tbje!tif!bttvnfe!uibu!uif!IPB!eje/ ! APPLICANT REPORT: Kyle Khadivi introduced himself as the applicant. He discussed how they arrived at the previous lot coverage calculations. Mr. Khadivi said the private road wasn't factored into the previous calculations because there are public utilities in that location and they can't be make pervious. He said the Building Community Development Board (CDB) June 20, 2023 Page 3 of 8 Page 5 of 36 Agenda Item #2.A. 18 Jul 2023 Department concluded that the road should be adjusted out. Mr. Khadivi said that his lot and the lot provides stormwater drainage for the entire neighborhood. Ms. Lagner asked why Mr. Khadivi wanted to put back what was taken out of the original driveway. Mr. Khadivi said it was esthetics and the pitch of the driveway which causes everything he puts in the openings to erode away. She asked him if he had looked at other options and he said he had. Ms. Golombek asked who maintained the stormwater drainage. Mr. Khadivi said it is in their bylaws. Ms. Golombek asked him if he had considered removing the concrete driveway and do something creative with pervious options. Mr. Khadivi said it would be an additional cost. Mr. Arthur confirmed with the applicant that it is an HOA. He asked Mr. Khadivi if he was aware of the difference between his calculations and staff calculations. Mr. Khadivi said his architect and pool contractor had previously done that so he didn't think he had to check it again. There was further and lengthy discussion about the stormwater drainage and the private road. Ms. Golombek asked if he was to remove the walkway to the side if that might help. Mr. Khadivi said he would still be over the allowed percentage. PUBLIC COMMENT: Larry Walshar of 90 Ocean Breeze Drive introduced himself. He was in favor of the approval of this variance request. He said the HOA takes care of the private road and the stormwater drain. Carl Fox of 70 Ocean Breeze Drive introduced himself. He said he is the president of the HOA and they voted in favor of supporting the variance request. BOARD DISCUSSION: Ms. Lagner asked what are the correct numbers for the pervious/impervious surface. Director Askew said the applicant was looking to increase the lot coverage by 133 sq. ft. regardless of the actual numbers for the private road. She said that staff stands on the fact that the road is to be included in the lot coverage whether it was neglected in 2020. Mr. Arthur said the Board should consider that the applicant would be exceeding the allowed lot coverage no matter which calculations are correct. Mr. Gear said that when looking at the survey there is a large amount of lot coverage and he believes the current staff calculations are correct. Mr. Arthur said that the stormwater drainage should be the responsibility of the HOA and not the homeowner. Mr. Gear said even if the road was removed from the calculation the lot coverage would still be above 45%. Ms. Simmons talked about the influx of large homes being built that have to get creative with drainage options from retention ponds to grass strip driveways. Mr. Walshar asked if the floor could be opened back up to public comment. It was opened up for 1 minute. Mr. Walshar explained that there were 5 acres behind the applicant where a lot of water drains away from this area. The Board went over the conditions for approval. Ms. Simmons asked if the Board saw that the request met any of the grounds for approval. Ms. Lagner said she didn't see where it does. Mr. Arthur thought maybe condition #1 due to the private road. Ms. Simmons agreed that it wasn't much additional lot coverage but that it is the Board's job to stick to the 6 grounds for approval. MOTION: To DENY ZVAR23-0015 due to it not meeting any grounds for approval. Community Development Board (CDB) June 20, 2023 Page 4 of 8 Page 6 of 36 Agenda Item #2.A. 18 Jul 2023 Motion: Ellen Golombek Second: Harold Gear Jennifer Lagner For Angela Farford For Harold Gear (Seconded By) For Sylvia Simmons For Ellen Golombek (Moved By) For Richard Arthur Against Motion passed 5 to 1. C. 1110 Scheidel Court ZVAR23-0016 (Mitchel Skaff and Connor Millsaps) Request for a variance to Section 24-108 reduce the minimum rear yard setback, exceeded maximum impervious surface area, and Section 24-68 required on-site water retention to allow an existing unpermitted covered patio at 1110 Scheidel Court. STAFF REPORT: Ejsfdups!Btlfx!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif! tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/ ! Ns/!Bsuivs!btlfe!jg!uif!psjhjobm!ipvtf!nfu!tfucbdlt!jo!3117/!!Ejsfdups!Btlfx!tbje!ju! eje/!!Nt/!Hpmpncfl!btlfe!jg!bmm!pg!uif!sfdfou!xpsl!xbt!epof!xjuipvu!b!qfsnju/!! Ejsfdups!Btlfx!tbje!ju!xbt-!ipxfwfs-!ju!xbt!epof!cz!uif!qsfwjpvt!pxofs/!!Nt/! Tjnnpot!btlfe!bcpvu!uif!usbotjujpo!pg!uif!qspqfsuz/!!Ejsfdups!Btlfx!tbje!uibu!jo! 3117!b!qfsnju!xbt!jttvfe!gps!uif!tnbmm!dpodsfuf!qbujp/!!Tif!tbje!b!qsfwjpvt!pxofs! beefe!b!mbshf!dpwfsfe!qpsdi!bu!uif!cbdl!pg!uif!ipvtf!boe!ofx!qbwfst!xjuipvu!b! qfsnju/ ! APPLICANT REPORT: Mitchel Skaff introduced himself as the property owner. He explained that he and his wife bought what they thought was their dream house. Mr. Skaff said he used a home inspection company and had no clue that the porch was not permitted. He said it would be a tremendous financial burden if they had to remove it. Mr. Skaff said that even if he removed every paver on his lot he would still be at 47%. He asked that the board let him keep the porch and he would add any drains that are necessary. Mr. Skaff had a letter from the HOA supporting him. Mr. Arthur had the applicant confirm the 47% which was the original build. Director Askew said at that time the code allowed up to 50% lot coverage. PUBLIC COMMENT: David Thomas of 832 Bonita Road introduced himself as the father and introduced his daughter who is one of the applicant's neighbor. He said in 2015 he wanted to build something similar for his daughter but was told that they couldn't. Mr. Thomas said the previous owner told him the code had been changed but when he asked the City they told him he couldn't. Community Development Board (CDB) June 20, 2023 Page 5 of 8 Page 7 of 36 Agenda Item #2.A. 18 Jul 2023 Director Askew explained that the lots are not technically non-conforming because the parent parcel met the density requirements of 7500 sq. ft. when it was developed. BOARD DISCUSSION: Mr. Arthur asked if the Building Department has looked at this. Director Askew said that if the variance passed then the applicant would apply for an after-the-fact building permit. Mr. Arthur asked if it wasn't built according to code then would it have to be rebuilt. Director Askew said that was correct. Ms. Golombek asked about the stop work order. Director Askew said there was an issue with the fence and building and that provided a path for the applicant before going to the Special Magistrate. Ms. Simmons went through the history of the property. Director Askew said a neighbor came in and inquired about building something similar but when they got turned down they explained that the neighbor already did what they were requesting. She said that triggered this to go to Code Enforcement first and staff began to work with the applicant to get them into compliance. Director Askew said that the City wants to make sure it's safe and in reviewing they realized it didn't meet any of the setbacks, impervious area or stormwater requirements. Mr. Arthur asked if the request was approved would it trigger on-site retention. Director Askew said it would only trigger it for the new portion that exceeds the lot coverage. Ms. Golombek asked if the driveway was part of the original construction. The applicant said it was. Ms. Simmons asked if it was turned down by the Board what would come next. Director Askew said they would go back to the applicant and give them an opportunity to remedy the issue which would mean tearing down the porch. If the applicant didn't do that then it would go to the Special Magistrate who would see if it meets the code. Ms. Simmons asked if the applicant could sue the previous owner. Attorney Jason Gabriel said he wasn't there to give legal advice but that would be the thing to do. There was further discussion of the lot size and the parent lot, what the cost of removal would be and whether the Code allows for flexibility in situations like this. Director Askew said you have to meet minimum density, building codes, parking, lot coverage, and stormwater. The Board looked to see if the request met any of the 6 requirements for approval. Mr. Gear said it was a moral hazard for the applicant. Ms. Simmons said the porch addition was massive overstep on the part of the previous owner and did not see any grounds for approval. MOTION: To DENY ZVAR23-0016 on the grounds that it does not meet any of the 6 criteria for approval. Motion: Harold Gear Second: Sylvia Simmons Mr. Arthur suggested the Board discuss a motion to approve with conditions. Mr. Gear and Ms. Simmons said they feel bad for the applicant but didn't see any grounds for approval. Attorney Gabriel explained that a Board member on the opposing side of the first motion would have to make the next motion if it is to deny the approval of this request. He said if another motion wasn't made then the case would be deferred. Community Development Board (CDB) June 20, 2023 Page 6 of 8 Page 8 of 36 Agenda Item #2.A. 18 Jul 2023 Mr. Arthur made a motion to APPROVE ZVAR23-0016 with the conditions that the covered porch would remain along with the pavers underneath it and all other pavers installed between the 2006 and the 2021 surveys would have to be removed. Ms. Golombek asked if they could appeal this to the City Commission. Director Askew said it could be appealed within 30 days of the Community Developments decision. Mr. Arthur said he would remove his motion and asked if someone else would want to make a motion. Jennifer Lagner Against Angela Farford For Harold Gear (Moved By) For Sylvia Simmons (Seconded By) For Ellen Golombek Against Richard Arthur Against Motion failed 3 to 3. MOTION: To DENY ZVAR23-0016 on the grounds that it does not meet any of the 6 criteria for approval. Motion: Ellen Golombek Second: Angela Farford Jennifer Lagner For Angela Farford (Seconded By) For Harold Gear For Sylvia Simmons For Ellen Golombek (Moved By) For Richard Arthur For Motion passed 6 to 0. D. 671 Amberjack Lane ZVAR23-0017 (Adam King) Request for a variance to the platted Building Restriction Line (BRL) at 671 Amberjack Lane. STAFF REPORT: Qmboofs!Hfoftu!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif! tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/ APPLICANT REPORT: The applicant was called out of town for his job and was not present. PUBLIC COMMENT: There were no public comments. Community Development Board (CDB) June 20, 2023 Page 7 of 8 Page 9 of 36 Agenda Item #2.A. 18 Jul 2023 BOARD DISCUSSION: Ms. Golombek asked if it could be deferred and Director Askew said it could. The Board discussed past request pertaining to this BRL and its history. Ms. Farford wanted to hear from the applicant. Mr. Arthur said it was the same case that the Board voted on 2 meetings ago. Ms. Simmons said there are 600 homes in that area that are affected by this BRL. Ms. Golombek asked if the applicant had to be here and Director Askew said they do not. She said she saw this type of request be approved by the Community Development Board several times. MOTION: To APPROVE ZVAR23-0017. Motion: Richard Arthur Second: Jennifer Lagner Mr. Gear said that if the Commission wanted to approve 20 feet then let them do that. Mr. Arthur explained that all 600 homeowner deeds would have to be recorded. Jennifer Lagner (Seconded By) For Angela Farford For Harold Gear Against Sylvia Simmons For Ellen Golombek For Richard Arthur (Moved By) For Motion passed 5 to 1. 5. REPORTS Director Askew said that on June 22nd at 2:00 p.m. and 6:00 p.m. there will be another public hearing to hear about Chapter 24 and the Comp Plan update. She said it will be the same material as past meetings. Director Askew said that after public comments and public input they will plan a joint meeting between the City Commission and the Community Development Board to have a workshop to discuss the changes. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Simmons declared the meeting adjourned at 8:13 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) June 20, 2023 Page 8 of 8 Page 10 of 36 Agenda Item #4.A. 18 Jul 2023 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM4.A CASE NO.ZVAR23-0019(WITHDRAWN) Request for a variancefrom Section 24-105(f)(1) to exceed the maximum impervious surface area allowed within the RS-1 zoning district at 2311 Oceanwalk Drive West LOCATION2311 Oceanwalk Drive West APPLICANTMichael and Rachel McCann DATEJuly 13, 2023 STAFFAmanda Askew, Director of Planning and Community Development STAFF COMMENTS Upon further research on varianceapplication ZVAR23-0019 for 2311 Oceanwalk Drive West, staff has determined a variance is no longer needed for this request. This request will need to be withdrawn. However, because this item was advertised it must be placed on the agenda. Page 11 of 36 Page 12 of 36 Agenda Item #4.B. 18 Jul 2023 Page 13 of 36 Agenda Item #4.B. 18 Jul 2023 Page 14 of 36 Agenda Item #4.B. 18 Jul 2023 Page 15 of 36 Agenda Item #4.B. 18 Jul 2023 Page 16 of 36 Agenda Item #4.B. 18 Jul 2023 Page 17 of 36 Agenda Item #4.B. 18 Jul 2023 Page 18 of 36 Agenda Item #4.B. 18 Jul 2023 Page 19 of 36 Agenda Item #4.B. 18 Jul 2023 Page 20 of 36 Agenda Item #4.B. 18 Jul 2023 Fence Addendum …ƦķğƷĻķ ЊΉЊЍΉЋЉЋЊ City of Atlantic Beach Building Department 800 Seminole Road, Atlantic Beach, FL 32233 PERMIT # ____________ Phone: (904) 247-5826 Email: Building-Dept@coab.us Job Address: Date: 576 Stocks St (Duplex under the address 574 Stocks St) 5/31/23 _________________________________________________ ________________________________________________ Property Type: Lot Type/ Features: Residential One Street frontage (interior lot) Commercial More than one street frontage (corner lot, through lot, etc.) Swimming Pool Fence Material: Fence Height (select all that apply): Wood Four Foot (4ft) Chain Link Six Foot (6ft) Vinyl Other ______________________ Block/ Stone (Plan details required for footings and/or retaining walls) Other ______________________ Fence Location: Please submit an accurate and current boundary survey showing all existing improvements (including building footprint, driveway, swimming pool, etc.) and location of fence/wall and any gates. Plan details required for block wall footings and/or retaining walls and any portion or fencing above 6ft in height. Will the fence be built in an easement? Yes (must submit separate Revocable Encroachment Agreement) No Will tree(s) be removed in association with proposed project? Yes (must submit separate Tree Removal Permit) No Conditions of Approval: Roll off container company must be on City approved list. Roll off container cannot be placed on City right-of-way. All old fencing and debris must be removed from job site by contractor or homeowner. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Page 21 of 36 Page 24 of 36 Agenda Item #4.B. 18 Jul 2023 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM4.B CASE NO.ZVAR23-0018 Request for a variance to exceed the maximum fence height at 576 Stocks Street. LOCATION576 Stocks Street (RE# 170703-0705) APPLICANTRyan Tomka DATEJuly 13, 2023 STAFFAbrielle Genest, Planner STAFF COMMENTS The applicant, Ryan Tomka, is the ownerof 576 Stocks Street.This th property is a duplex locatedon the southwest corner of West 6Street th and Stocks Street within the Residential, General, Two-Family (RG) West 6 Street zoning district. At the time the property was developed, a 6 foot tall fence was constructed between 3.6feet and 5.1 feet from the side property line. When the subdivision was platted, a master drainage plan was developed with retention areaslocated on the north and south sides of each duplex in addition to a 10-footprivate drainage easement across the rear year of all the properties. Stocks Street Subdivision - Drainage Plan, 2005 Retention area Page 25 of 36 Agenda Item #4.B. 18 Jul 2023 Per Section 24-157(c)(1), “For corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of th any lot line which abuts a street.” The 6 foot tall fence on the north side of the property abutting West 6 Street, a 50-foot wide right of way, is located closer than 10 feet to the property line. The applicant is seeing a variance to allow the fence to be rebuilt in the location of the existing fence. Approx. 10 feet for the side property line ANALYSIS Section 24-65 statesthat “applicationsfor 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 Page 2of 3 Page 26 of 36 Agenda Item #4.B. 18 Jul 2023 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 24-65of 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. (5)Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant identified this as a ground for approval. See the application for additional comments. REQUIRED ACTION The Community Development Board may consider a motion to approveZVAR23-0018,request for a varianceto Section 24-82(c) uponfinding this request is consistent with the definition of a variance, and in accordance withthe 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 improvementsupon 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 denyZVAR23-0018,requestfor a variance to Section 24-82(c),finding this requestis not consistent with the definition of a variance. Page 3of 3 Page 27 of 36 Page 28 of 36 Agenda Item #4.C. 18 Jul 2023 Page 29 of 36 Agenda Item #4.C. 18 Jul 2023 Page 30 of 36 Agenda Item #4.C. 18 Jul 2023 Page 31 of 36 Agenda Item #4.C. 18 Jul 2023 Page 32 of 36 Agenda Item #4.C. 18 Jul 2023 Page 33 of 36 Agenda Item #4.C. 18 Jul 2023 Page 34 of 36 Agenda Item #4.C. 18 Jul 2023 Page 35 of 36 Agenda Item #4.C. 18 Jul 2023 Page 36 of 36