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487 Royal Palms Drive ZVAR22-0002 PACKET 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). 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: ZVAR22-0002 Address: 487 Royal Palms Drive (RE# 171484 0000) Applicant: Maureen Lamar PUBLIC HEARING(S) Body: Community Development Board Date February 15, 2022 Time: 6:00 PM Request: Request for a variance from Section 24-253(a)(3) to allow a circular driveway on a property with less than 100 feet of street frontage at 487 Royal Palms Drive. Summary: The applicant is requesting relief to allow a circular driveway on a lot with 80 feet for street frontage on Royal Palms Drive. 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 advi sed 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 Publ ic 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. 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. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR22-0002 Request for a variance from Section 24-253(a)(3) to allow a circular driveway on a property with less than 100 feet of street frontage at 487 Royal Palms Drive. LOCATION 487 Royal Palms Drive (RE# 171484-0000) APPLICANT Maureen Lamar DATE January 24, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Maureen Lamar, the owner of the property at 487 Royal Palms Drive. This property is located on the east side of Royal Palms Drive approximately 115 feet south of the Sabalo Drive and Royal Palms Drive intersection in the residential, single-family (RS-1) zoning district. The applicant is proposing a new circular driveway. Section 24-253 states circular drives “shall only be permitted on lots having at least one hundred-foot frontage”. The property has 80 feet of street frontage on Royal Palms Drive and has access via a nine (9) to ten (10) foot wide driveway on the southern end of the driveway The code allows the existing driveway to be widened up to 20 feet in width. This street has sidewalk on the east side (same side as property). Prior to the most recent update in 2019 to Chapter 24 similar requests went before the City Commission as part of the Waiver Process. Now, driveway relief request are part of Chapter 24 because it is related to lot width requirements which are part of the land development regulations. All land development regulation are included in the Chapter 24. This type of reduction request fits the definition of a variance by “granting relief from the strict application of certain land development regulations…..” . The variance process allows for a Page 2 of 5 streamlined review by the Community Development Board (CDB) and for each application to be judged on the same merits (24-65 (c). The general descriptions of variances in Section 24-65 was updated to list driveways specifically as part of the variance process. This is the first request since the code was changed requiring driveway lot width reductions to follow the variance process. Four (4) properties along Royal Palms Drive have circular driveways, two (2) of which were approved through a waiver. The other two were installed prior to the 100 foot lot width requirements. Municipalities often regulate driveway cuts or access points as a way to reduce potential “conflicts” or “encounters” between pedestrians and vehicles. By reducing the number of driveways, the number of potential interactions between the two is decreased. A sidewalk runs the entire length of Royal Palms from Plaza Drive to Cavalla Road on the same side of the street as this request. This area is also identify as the Royal Palms connection on the Connectively Plan. Page 3 of 5 Proposed circular driveway 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. The applicant stated, “proposed driveway will be gravel with concrete boarder thus pervious surface will allow storm water to be retained on the property”. 592 Royal Palms Drive 69 ft. frontage Waiver- 2013 510 Royal Palms Drive 83 ft. frontage Waiver- 2019 469 Royal Palms Drive 82 ft. frontage No Waiver 342 Royal Palms Drive 84 ft. frontage No Waiver Page 5 of 5 (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated, “high volume of traffic, including existing bus route, on Royal Palms Drive makes backing out a safety hazard”. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated, “There are 4 existing properties on Royal Palms with circular driveways. All four properties are less than 110’ in width so precedence has been to allow such driveways. (469, 510, 342, and 592)”. (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, “twenty-two newly planted oak trees on the eastside of Royal Palms Drive between stop sign at Cutlass Drive and Plaza Drive, including two on said property exist. As trees mature visibility will be increasingly restricted making safe entry more difficult”. (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 ZVAR22-0002, request for a variance to Section 24-253(a)(3) 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 ZVAR22-0002, request for a variance to Section 24-253(a)(3), finding this request is not consistent with the definition of a variance. Request for a variance from Section 24- 253(a)(3) to allow a circular driveway on a property with less than 100 feet of street frontage at 487 Royal Palms Drive. ZVAR22-0002 487 Royal Palms Drive Site Context and Details Located on the east side of Royal Palms Dr. approx. 115 ft. south of the Sabalo Dr. and Royal Palms Dr. intersection Zoned Residential, Single-Family (RS-1) 80 feet of lot frontage Site Context and Details Existing driveway The applicant is requesting to add a circular driveway made of gravel with at concrete or paver border to the property. Proposed Plan Background Circular driveway requests were previously heard by Commission as a part of the Waiver process. Commission has approved two (2) waivers for circular driveways, one located at 510 Royal Palms Dr. Four properties have circular driveways on Royal Palms Drive (2 approved through a waiver). The other two were installed prior to the 100 foot lot width requirements. In 2019, the City updated the Land Development Regulations to encompass variances for driveways. This is the first request since the code was changed requiring driveway lot width reductions to follow the variance process. Background CDB reviews because it is related to lot width requirement (which is part of Chapter 24) This request fits the def. of variance “granting relief from the strict application of certain land development regulations….” Variance process allows applications to reviewed using the same standards (streamlined) Municipalities regulate driveway cuts or access points as a way to reduce potential “conflicts” or “encounters” between pedestrians and vehicles. By reducing the number of driveways, the number of potential interactions between the two is decreased. A sidewalk runs the entire length of Royal Palms from Plaza Drive to Cavalla Road on the same side of the street as this request. This area is also identify as the Royal Palms connection on the Connectively Plan. 592 Royal Palms Drive 69 ft. frontage Waiver- 2013 510 Royal Palms Drive 83 ft. frontage Waiver- 2019 469 Royal Palms Drive 82 ft. frontage No Waiver 342 Royal Palms Drive 84 ft. frontage No Waiver Need for Variance Section 24-253(a)(3) states circular drives “shall only be permitted on lots having at least one hundred-foot frontage”. The subject property has 80 feet of frontage on Royal Palms Drive 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.