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705 Atlantic Boulevard ZVAR22-0003 PACKETVARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 ZONING CODE RE# NAME PROPERTY LOCATION ADDRESS PHONE #CELL # EMAIL LOT/PARCEL SIZE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION APPLICANT INFORMATION ZIP CODESTATECITY Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. PROVISION FROM WHICH VARIANCE IS REQUESTED UTILITY PROVIDER PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not larger than 11x17 inches are submitted, please provide eight (8) copies of any such documents. 5. Application fee of $300.00. BLOCK #LOT # 19 VARIANCE APPLICATION 08.25.2020 Homeowner's Association or Architectural Review Committee approval required for the proposed construction (if yes, this must be submitted with any application for a Building Permit)NOYES I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent ____________________________________________________ Notary Signature My Commission expires ________________________________ NoYesOath Sworn: State of _____________________ County of ___________________ Signed and sworn before me on this ________ day of ______________________, _________ by _______________________________________________________________________________ Identification verified: ____________________________________________________________ DATEPRINT OR TYPE NAMESIGNATURE OF APPLICANT (2) DATEPRINT OR TYPE NAMESIGNATURE OF APPLICANT FOR INTERNAL OFFICE USE ONLY FILE # ____________________ CB 170655-0000 Seminole South, LLC Near Seminole Road and Atlantic Blvd 2300 Marsh Pointe Road #301 904-853-6801 jean@skyenterprises.com .63 Saltair Business District 32266FLNB 17-29, to update an existing free standing (pole) sign which is more than eight (8) COAB in height and closer than five (5) feet to the property line. Section 1 (Saltair Plat, PB 10, Page 8)744, 745, 746, 747, 748, 749 and 750 ZVAR22-0003 Zach Miller (Agent for Applicant, See Authorization)12/13/21 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. 19 VARIANCE APPLICATION 08.25.2020 Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 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 or Record warranting a Variance in order to provide for the reasonable use of the property. Please see attached. Please see attached. Please see attached. Please see attached. Please see attached. Please see attached. ADDITIONAL COMMENTS: 19 VARIANCE APPLICATION 08.25.2020 Please see attached as to the variance requirements. CRITERIA/JUSTIFICATION 1 Section 17-52, Atlantic Beach Code of Ordinances (a) In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of this chapter. The variance is to update the existing freestanding (pole) that has existed on the property since the 1960s. The existing sign is approximately 25.5 square feet in area which is approximately ¼ the size of a sign allowed on this property. There are practical difficulties and a hardship as to signage on the property as there is no location for the signage that complies with the current signage code that would not also cause a safety hazard due to the location of the parking and drive aisle. As the proposed sign allows use of the existing sign which has co-existed with all of the surrounding properties there is no substantial detriment to the public. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. “Topographic” is not defined by the ordinance code, however, it is generally defined as “relating to the physical features of the area.” The property in question was developed a commercial strip center in the 1960s. As such the entire parking lot and “interior” drive aisles connect directly to Seminole Road without any buffering or landscaping. The sign at-issue was also erected sometime in the 1960s. The physical features of the property and neighboring right of way are such that there is no place to put the sign on the property that is more than five feet from existing property lines without interfering with the current parking configuration, drive aisle and the visibility of incoming and outgoing traffic. Per the attached survey of the property there is only a few feet between the walkway on the property near the building and the property line bordering the right-of-way. (See zoomed in version of survey). Since the last application for variance was heard by the community development board, the applicant has looked at mock-ups of signs which meet the height regulations under the sign code. Attached is an example of such a sign which meets the size criteria under the sign code. Such a sign would be within five feet 2 of the property line (which would still require a variance) and would be a hazard to internal and external traffic and/or would be blocked by any parked cars. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The location of the property and the pre-existing way it was developed are surrounding conditions and circumstances impacting this property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The property was developed so that the parking area and drive aisle were designed to connect directly into Seminole Road and Atlantic Boulevard on a corner lot. Because of this, the placement of a sign that is not elevated on any location within the property would be a hazard to vehicular, pedestrian and bicycle traffic thereby preventing the reasonable signage use of the property. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The current sign regulations as to setback and height were put into place after the property and the existing sign were developed. (5) Irregular shape of the property warranting special consideration. The property is a corner lot which immediately abuts Atlantic Boulevard and Seminole Road with no setback between the parking/drive aisle area and the right-of-way. (6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the property. The lot is substandard so that full compliance with the sign code would require placing a sign in accessways or parking. PROPOSED UPDATE TO EXISTING SIGN Approximately 6.15 feet x 4.15 feet 25.5 square feet LOCATION PROPOSED BY COMMUNITY DEVELOPMENT BOARD 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. 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: ZVAR22-0003 Address: 705 Atlantic Boulevard (RE #170655-0000) Applicant: Seminole South, LLC PUBLIC HEARING(S) Body: Community Development Board Date February 15, 2022 Time: 6:00 PM Request: Request for a variance from Section 17-29 to exceed the maximum freestanding sign height and reduce the minimum 5-foot setback. Summary: Section 17-29 limits freestanding signs to a maximum of 8 feet in height and requires signs to be setback 5 feet from any property line. The applicant is proposing to replace the sign face area on an existing freestanding pole sign. 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 tha t 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 Notic es 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 Atla ntic 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 Offi ce at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing. Request for a variance from Section 17-29 to exceed the maximum freestanding sign height and reduce the minimum 5-foot setback. ZVAR22-0003 705 Atlantic Boulevard Site Context and Details Zoned Commercial General (CG) The building is currently used as a shopping center and has a combination of retail, service, and office uses. December 2021 CDB hearing for same property (withdrawn) •Request to exceed allowable height (roof) –or- •Request to reduce setback and height Background The existing freestanding sign was built when the property was developed in the 1960’s. At this time, “pole signs” were permitted up to a maximum 35 feet in height. In the early 2000’s, the sign code no longer permitted signs above 8 feet in height. Background Sunnyland Coin Laundry’s business tax receipt expired September 30, 2017. On September 9th, 2020, the property was cited by code enforcement for violation of Section 17-41(c) “Abandoned Signs. Signs shall be removed by the owner or occupant within thirty (30) days of cessation of the business activity conducted on the property where the sign is located. A business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner’s expense.” Existing nonconforming sign Background •Site is primarily covered with building or asphalt •Bldg. approx. 8,000 sf requires 27 parking spaces •Approx. 35 spaces on prop. Request The applicant is proposing to replace the sign face area on the existing nonconforming pole sign. The sign face area is approximately 25.5 square feet. Proposed sign replacement Existing pole Need for Variance Section 17-29(c)(1)(a) limits freestanding signs to 8 feet in height. Section 17-29(c)(2) requires a 5-foot setback from the property line(s). Existing nonconforming pole sign Street View of Existing Sign (provided by applicant) Location Proposed by CDB (picture provided by applicant) 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. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR22-0003 Request for a variance from Section 17-29 to exceed the maximum freestanding sign height and reduce the minimum 5-foot setback. LOCATION 705 Atlantic Boulevard APPLICANT Seminole South, LLC DATE January 24, 2022 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Zack Miller, Esq., is representing the owner of 705 Seminole Rd. (RE #170655 0000). This property is located on the northwest corner of Atlantic Boulevard and Seminole Road in the Commercial General (CG) zoning district. The building is currently used as a shopping center and has a combination of retail, service and office uses. The applicant is seeking to replace the sign face area on an existing freestanding pole sign. This requires a variance from Section 17-29 (c)(1)(a) to exceed the maximum height of a freestanding sign and from Section 17-29 (c)(2) to reduce the minimum setback. At the December CDB hearing the applicant applied for a variance for the same site to exceed the allowable freestanding sign size and to place it on the roof or to allow a pole sign (exceeding the max. freestanding sign size) and a reduction in the required setback. At the hearing, the applicant request and was granted a withdrawal of the application request therefore, the one-year re-submittal requirement (Section 24-65 (g) was not triggered. Page 2 of 5 Both the building and the existing pole sign were originally constructed in the 1960’s and are both non- conforming. The building has been added onto over the years but is nonconforming due to setbacks, lot coverage and stormwater requirements. The property has asphalt parking in the front and rear. There is very little on the site that is not covered with building or asphalt. The existing nonconforming freestanding sign is located at the northern end of the property and is non-conforming due to its height and setbacks. This pole sign currently reads “Sunnyland Coin Laundry”. The sign code at the time of development classified this as a “pole sign”. The ordinance at the time read “Such signs shall have not more than one hundred eighty (180) square feet of horizontally projected area as calculated from any angle and shall be limited to one (1) square foot of area for each lineal foot of frontage of the lot on which such signs are placed. The height or and self-supporting sign shall not exceed thirty-five (35) feet”. However, in early 2000’s the sign code no longer permitted signs above eight (8) feet in height. Therefore, this sign is considered nonconforming due to its height and design. Currently, freestanding signs are permitted to be a maximum height of 8 feet and must be setback 5 feet from any property line. Atlantic Blvd. Existing nonconforming pole sign Existing nonconforming pole sign Page 3 of 5 On September 9th, 2020, the property was cited by Code enforcement for violation of Section 17-41(c) “Abandoned signs. Signs shall be removed by the owner or occupant within thirty (30) says of cessation of the business activity conducted on the property where the sign is located. A business or activity shall be considered to have ceased when the premises are vacated, or in the absence of a valid occupational license or active utility service account. Signs not removed in accordance with these provisions shall be considered as abandoned and shall be removed at the property owner’s expense”. The last business tax receipt issued for “Sunnyland Coin Laundry” was on October 3, 2016 and expired September 30, 2017. As a result, the sign was considered abandoned 30 days after the business tax receipt expired. In addition, Section 17-51 (nonconforming signs) requires the sign to come into compliance if there is any change to the structural supports, any change to the material used for the display area/face area by more than twenty-five (25) percent and replacement of an abandoned or discontinued sign. The applicant is proposing to replace the sign face area of the existing freestanding pole sign. The face area is approximately 25.5 square feet. There would be no increase in the total sign area. Existing nonconforming pole sign Existing Pole Proposed sign replacement 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, “Topographic” is not defined by the ordinance code, however, it is generally defined as “relating to the physical features of the area.” The property in questions was developed a commercial strip center in the 1960s. As such the entire parking lot and “interior” drive aisles connect directly to Seminole Road without any buffering or landscaping. The sign at-issue was also erected sometime in the 1960s. The physical features of the property and neighboring right of way are such that there is no place to put the sign on the property that is more than five feet from existing property lines without interfering with the current parking configuration or drive aisle and the visibility of incoming and outgoing traffic. Per the attached survey of the property there is only a few feet between the walkway on the property near the building and the property line bordering the right-of-way. Since the last application of variance was heard by the community development board, the applicant has looked at mock-ups of signs which meet the height regulations under the sign code. Attached is an example of such a sign which meets the size criteria under the sign code. Such a sign would be within five feet of the property line (which would still require a variance) and would be a hazard to internal and external traffic and/or would be blocked be any parked cars”. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated, “The location of the property, the pre-existing way it was developed, and the needed placement of the sign are surrounding conditions and circumstances impacting this property disparately from nearby properties.”. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated, “The property was developed so that the parking area and drive aisle were designed to connect directly into Seminole Road and Atlantic Boulevard on a corner lot. Because of this, the placement of a sign that is not elevated on any location within the property would be a hazard to vehicular, pedestrian and bicycle traffic thereby preventing the reasonable signage use of the property”. (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, “The current sign regulations as to setback and height were put into place after the property and the existing sign were developed”. (5) Irregular shape of the property warranting special consideration. The applicant stated, “The property is a corner lot which immediately abuts Atlantic Boulevard and Seminole Road with no setback between the parking/drive aisle area and the right-of-way”. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 5 of 5 The applicant stated, “The lot is substandard so that full compliance with the sign code would require placing a sign in accessways or parking”. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0002, request for a variance to Section 17-29 upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 17-52, specifically the grounds for approval delineated in Section 17-52(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 17-29.