Loading...
1440 Beach Avenue ZVAR22-0018 PACKETZVAR22-0018 Variance request to Section 23-30(1), minimum shade tree requirement Variance request from Section 24-172 ZVAR22-0018 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: ZVAR22-0018 Address: 1440 Beach Avenue (RE #171861-0000) Applicant: Jill Saig PUBLIC HEARING(S) Body: Community Development Board Date November 15th, 2022 Time: 6:00 PM Request: Request for a variance from Section 24-172(c)(4) and Section 23-30(1). Summary: This property is required a total of tree (3) shade trees with at least one (1) in the front yard. The applicant is seeking a variance to 27-172 (c)(4) (Old Atlantic Beach requirements) and 23-30 (1) to delete the required shade trees. The applicant is proposing to mitigate the required shade trees by planting five (5) Sylvester palms, in the rear yard. The five (5) Sylvester palms will exceed the total required planting inches. 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. 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. Request for a variance from Section 24- 172(c)(4) and Section 23-30(1) ZVAR22-0018 1440 Beach Avenue Site Context and Details Located on the west side of Beach Avenue. Zoned Residential, Single- Family (RS-2) Site Context and Details Background The applicant submitted a tree removal permit application October 14, 2022 for removal of one (1) 10” cabbage palm. A permit to replace the deck in the rear yard was issued in October and the tree must be removed for equipment access. Per Section 23-33 (a), staff will approve removal of the palm, however, they must be mitigated by planting trees on site and/or paying money into the tree fund. Tree ID # Species DBH Mitigation Ratio (inches removed: inches owed)Mitigation Owed 1 Cabbage Palm 10” 1: 0.5 5” Existing cabbage palms (10) Proposed Sylvester palms (7) Palm to be removed (1) Palm to be removed Variance Request #1 The applicant is requesting a variance from the planting requirements per Section 23-30(1): “For each parcel upon which a single-family, two-family or multifamily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature One (1) minimum four-inch caliper tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Of the minimum required trees, at least one (1) tree shall be a shade tree planted or preserved within the required front yard”. The applicant is requesting to not plant a shade tree in the front yard. The applicant is proposing to mitigate with 6 Sylvester Palms in the rear yard and 1 Sylvester Palms in the front yard. Considerations – Request #1 The subject property meets the minimum number of trees on site. Lot: 50 ft. x 140 ft. = 7,000 sq.ft. Minimum required trees: 2 (1 per 2,500 sq.ft.) 10- 10” cabbage palms exist The proposed mitigation will exceed the inches owed (5” owed, proposing to plant approx. 63”) Grounds for Decision- Request #1 APPROVAL-existence of one or more of the following Section 23-25 (b) DENIAL- 1.Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. 2.Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. 3.Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. 4.Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. The CDB may consider a denial upon finding that none of the requirements in 23-25 (b) exist. Variance Request #2 Section 24-172 of the Land Development Regulations has additional “residential development standards” for properties in Old Atlantic Beach (added to code in 2006). The applicant is requesting a variance from the planting requirements per Section 24-172(c)(4): “In order to sustain the existing tree canopy and to provide shade along the residential streets and sidewalks, one (1) shade tree shall be provided within the required front yard and an additional shade tree shall be required on the lot in a location at the property owner's discretion” The applicant is requesting to not plant the two (2) shade tree on the property. The applicant is proposing to mitigate with 6 Sylvester Palms in the rear yard and 1 Sylvester Palms in the front yard. Old Atlantic Beach Considerations – Request #2 The subject property meets the minimum number of trees on site. Lot: 50 ft. x 140 ft. = 7,000 sq.ft. Minimum required trees: 2 (1 per 2,500 sq.ft.) 10- 10” cabbage palms exist The proposed mitigation will exceed the inches owed (5” owed, proposing to plant approx. 63”) Existing cabbage palms (10) Proposed Sylvester palms (7) Palm to be removed (1) Grounds for Decision- Request #2 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.A CASE NO. ZVAR22-0018 Request for a variance from Section 24-172(c)(4) and Section 23-30(1). LOCATION 1440 Beach Avenue (RE# 171861-0000) APPLICANT Jill Saig DATE November 8, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Jill Saig, is the owner of 1440 Beach Avenue. This property is located on the west side of Beach Avenue one lot north of 14th Street in the Residential, Single-family (RS-2) zoning district. The applicant submitted a tree removal permit application on October 14, 2022 for removal of one (1) 10” cabbage palm. Per Section 23-33(a), staff will approve the removal of the tree, however, they must be mitigated by planting trees on site and/or paying money into the tree fund. The table below details the tree proposed for removal including the species, size (diameter at breast height – DBH), and mitigation assessment. The mitigation ratio is also assessed based on the classification of the property (vacant, developed, new construction, public property, etc.). The subject property is considered a developed lot, which is defined as “any parcel upon which any building, structure, pavement or stormwater facility exists or is proposed but which does not fall under the definition of new construction or vacant lot”. There has been a house on the property since 1973. The applicant has a permit to reconstruct a deck around the pool in the rear yard. The proposed property improvements require the removal of the 10” cabbage palm tree in order for equipment to get in the backyard. The applicant is seeking the variance to waive the planting requirements for mitigation. Tree ID # Species DBH Mitigation Ratio (inches removed: inches owed) Mitigation Owed 1 Cabbage Palm 10” 1: 0.5 5” Page 2 of 6 The applicant is seeking a variance from two different code Chapters (Chapter 23 and Chapter 24) therefore, each chapter has its own criteria findings for review. Request 1: The applicant is requesting a variance from the planting requirements of Chapter 23. Section 23-30(1) states “For each parcel upon which a single-family, two-family or multifamily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature One (1) minimum four-inch caliper tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Of the minimum required trees, at least one (1) tree shall be a shade tree planted or preserved within the required front yard”. The subject property meets the minimum number of trees on-site (seven (7) 10” cabbage palms) but does not have a 4” shade tree in the front yard. The applicant is requesting a variance from Chapter 23 to exempt the property from the shade tree requirement in the front yard and plans on mitigating with six (6) Sylvester palms in the rear yard and one (1) Sylvester palm in the front yard. This will exceed the required mitigation of 5 inches. This required mitigation can be used for the required shade trees. List of COAB approved shade trees: Common Name Common Name Ash, Green Magnolia, Sweetbay Ash, Water Maple, Florida Bay, Loblolly Maple, Red Cedar, Southern Red Oak, Live Cypress, Bald Oak, Shumard Red Cypress, Pond Oak, Swamp Chesnut Elm, American Pine, Loblolly Elm, Florida Pine, Long-leaf Hickory, Mockernut Pine, Pond Hickory, Pecan Pine, Slash Hickory, Pignut Sugarberry Hickory, Water Sweetgum Loquat, Japanese Plum Sycamore Magnolia, Southern Tupelo Page 3 of 6 ANALYSIS Section 23-25 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 23-25 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 23-25(b) provides four distinct grounds for the approval of a variance: (1) Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. The applicant stated, “There is insufficient room for a shade tree. Any of the recommended trees require a minimum of 8 ft clear space around their root systems to allow for healthy mature growth and space for canopy spread. There is no area in the front property that would allow for this growth due to existing trees, utility lines and hardscape. The pack of the property already includes 7 pa lms with 6 Sylvester planned for instillation”. (3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. REQUIRED ACTION Existing cabbage palms Proposed Sylvester palms Palm to be removed Page 4 of 6 The Community Development Board may consider a motion to approve ZVAR22-0018, request for a variance to Section 23-30(1) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 23-25, specifically the grounds for approval delineated in Section 23-25(b) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. (2) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (3) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (4) Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. Or, The Community Development Board may consider a motion to deny ZVAR22-0018, request for a variance to Section 23-30(1), finding this request is not consistent with the definition of a variance. Request 2: Section 24-172 enforces additional “Residential Development Standards” for properties located in Old Atlantic Beach. This was added to the Land Development Regulations in 2006 with the intent “to appropriately limit height and bulk and mass of residential structures” and “to preserve and enhance the existing mature tree canopy, particularly in the front yard”. “Section 24-172(c)(4) Shade Trees. In order to sustain the existing tree canopy and to provide shade along the residential streets and sidewalks, one (1) shade tree shall be provided within the required front yard and an additional shade tree shall be required on the lot in a location at the property owner's discretion” The subject property does not have any shade trees; therefore, the property owner must plant two shade trees on the lot. This section of the code is enforced when new construction or reconstruction occurs. One of the 4” shade trees must be in the front yard. The second 4” shade tree can be anywhere on site. The applicant is requesting a variance from Chapter 24 to exempt the property from the shade tree requirement and mitigate with six (6) Sylvester palms in the rear yard and one (1) Sylvester palm in the front yard. Again, the applicant owes a total of 5 inches in mitigation due to the removal of the 10” cabbage palm. Old Atlantic Beach Page 5 of 6 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, “the lot size is only 50 ft. wide with only 7 ft. of space on side of house and power lines over the front yard” (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated “power lines, existing hardscape and utility meters within the entire front yard, prohibiting room for proper root and canopy”. (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. Palm to be removed Page 6 of 6 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0018, request for a variance to Section 24-172(c)(4), 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 ZVAR22-0018, request for a variance to Section 24-172(c)(4), upon finding this request is not consistent with the definition of a variance.