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1822 Seminole Road ZVAR22-0009 PACKETPUBLIC 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: ZVAR22-0009 Address: 1822 Seminole Road (RE #172020-0508) Applicant: Jonathan Frederick PUBLIC HEARING(S) Body: Community Development Board Date August 16, 2022 (deferred from July 19, 2022) Time: 6:00 PM Request: Request for a variance to reduce the minimum rear yard setback to build a second story addition at 1822 Seminole Road. Summary: The applicant is requesting a variance from Section 24-109 to build a second story addition above the existing principal structure at 1822 Seminole Road. The proposed addition would encroach 6.5 feet into the 30-foot rear yard setback. 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 evide nce 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. 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 3.A CASE NO. ZVAR22-0009 (deferred from July 19, 2022) Request for a variance to reduce the minimum rear yard setback to build a second story addition at 1822 Seminole Road. LOCATION 1822 Seminole Road APPLICANT Jonathan Frederick DATE June 28, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS This case was deferred by the board from the July 19, 2022 Community Development Board meeting. The applicant, Jonathan Frederick, is the owner of 1822 Seminole Road. This property is located on the west side of Seminole Road approximately 300 feet north of Saturiba Drive and within the Residential, Selva Marina (R-SM) zoning district. The applicant would like to build a 2nd-story addition above the existing single family home. The applicant is still requesting a variance to Section 24- 109(f)(2)(b) to allow an addition to exceed the required 30ft rear yard setback for properties fronting Seminole Road in the R- SM zoning district. This property was platted in a Planned Unit Development (PUD) which was comprised of twelve (12) different PUDs. The PUD ordinance was established in 1972 as a tool for the City to gain better control for development. George Bull owned these lands and had a concept for developing the area, in which the city did not have a master plan or comprehensive plan to guide development. As a part of the Page 2 of 4 PUD, an Advisory Planning Board was required to review proposed development of three (3) or more units for code compliance. In 1982, the zoning code update eliminated the PUD requirement and review process. Between 1982 and 2018, city staff enforced the Residential, Single-Family (RS-1) setbacks, rather than the setbacks established by the PUD. As a result, 75 of the 224 lots in the PUD were nonconforming due to fence heights, additions/new homes, and accessory structures. During the LDR update in 2018, staff began to address the issue of enforcing the variety of setbacks within the PUD, in which staff proposed rezoning the area to RS-1. This solution would have given more flexibility to property owners, bring most properties into compliance, reduce future variance requests, and maintain the allowed density and permitted uses. When this solution was brought to the community for input, residents expressed that rezoning the area to RS-1 would result in a loss of unique character. These characteristics established by the PUD include building setbacks, minimum house size, no fences allowed in the front yards, and accessory structure sizes. In an effort to maintain character, staff proposed creating a new zoning district that would maintain the original building setbacks, minimum house sizes, and fence requirements while providing some flexibility to accessory structures, fence heights in the rear yard, and screen enclosures. The zoning map amendment was approved in 2018 to create the R-SM zoning district. In 2007, the former property owner of the subject property built a screen enclosure 23.5 feet from the rear property line located over a patio built at the time of development in 1977. This was then enclosed in 2010. The applicant is proposing to build a 2nd story addition over the existing structure that encroaches 6.5 feet into the 30-foot rear yard setback. 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. 6.5 ft. encroachment 23.5 ft setback 30 ft BRL Seminole Rd. Page 4 of 4 The applicant stated, “I am doing a second story addition for my growing family. Half of my living room is considered a non-conforming structure due to setback regulations. I would like to build a second story above my already existing living room.” (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, “In 2018, my house was folded back into Selva Marina… this tightened setbacks beyond my current structure. I simply want a second story above my living room.” (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 ZVAR22-0009, 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 ZVAR22-0009, request for a variance to exceed the platted Building Restriction Line at 1822 Seminole Road. Request for a variance to build a second story addition at 1822 Seminole Road. ZVAR22-0009 1822 Seminole Road (deferred from July 19,2022 meeting) Site Context and Details Located on the west side of Seminole Road Zoned Residential, Selva Marina (R-SM) Background Information •Originally platted as a Planned Unit Development (PUD). •Between 1982 and 2018, staff enforced the Residential, Single- Family (RS-1) setbacks. •During a code update in 2019, staff created a new zoning district (R- SM) that maintains the original building setbacks, minimum house sizes, and fence requirements. 1979 Zoning Map Proposed Plan and Need for Variance The applicant is planning to build a second story addition over the existing structure. The proposed addition encroaches 6.5 feet into the 30 foot rear yard setback. 6.5 ft. encroachment 23.5 ft setback 30 ft BRL Seminole Rd. Considerations The structure was approved as a screen enclosure in 2007 and was enclosed in 2010. Encroachment 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.