Loading...
720 Bonita Road ZVAR22-0015 PACKETZVAR22-0015 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 from the board. 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: ZVAR22-0015 Address: 720 Bonita Road (RE #171093-0000) Applicant: Paul West PUBLIC HEARING(S) Body: Community Development Board Date September 20, 2022 Time: 6:00 PM Request: Request for a variance to the platted Building Restriction Line (BRL) at 720 Bonita Road. Summary: The applicant is requesting a variance to build an addition within the 25-foot Building Restriction Line (BRL) at 720 Bonita Road. The proposed addition would be 20 feet from the north property line. 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. The city will hold a “hybrid” meeting as outlined in Resolution No. 2 0-32 for board participation. 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 to the platted Building Restriction Line(BRL) at 720 Bonita Road. ZVAR21-0015 720 Bonita Road Site Context and Details Located on the south side of Bonita Road. Zoned Residential, Single Family (RS-1) Lot is bound by a front yard 25-foot Building Restriction Line (BRL) Site Context and Details Existing Survey The Royal Palms neighborhood was developed in the early 1960’s. Original subdivision plats included a uniform 25-foot BRL for all street frontages and corner lots. Background May 2009, City Commission held a workshop & directed staff to amend the Royal Palms subdivision plat to remove the 25’ BRL. Properties would need to meet the minimum setbacks for the RS-1 zoning district. June 2009, brought to CDB along with other LDR changes. CDB recommended CC pass the LDR changes. December 14, 2009, CC directed staff to proceed with revision of the plat. At the time, Commission was not advised of the correct legal process for changing plat. 1.Mailers to over 600 property owners and their mortgage holders 2.All parties to sign off on removing BRL and replat of subdivision Proposed Plan The applicant is planning to build an addition on the north side of the existing home. The proposed addition in the front is approximately 154 square feet and the proposed porch addition is approximately 142 square feet. Proposed Plan 20 ft. front yard setback per RS-1 zoning district Entry porch Enclosed addition Need for Variance The proposed addition would extend beyond the 25 foot Building Restriction Line on Bonita Road. The minimum setback in the RS-1 zoning district in the front yard is 20 feet. The Royal Palms plat has a 25 ft. BRL that is to be enforced over the required setback for the RS-1 zoning district. Considerations The proposed addition will not exceed the 20 ft. required front yard set back and 10 ft corner side yard setback in the RS-1 zoning district. City Commission voted to remove the 25 ft BRL in the Royal Plats subdivision plat, but plats have not been revised. Community Development Board voted to approve a similar request in 2021. 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. ZVAR22-0015 Request for a variance to the platted Building Restriction Line (BRL) at 720 Bonita Road. LOCATION 720 Bonita Road APPLICANT Paul West DATE September 20, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Paul West, is representing the owner of 720 Bonita Road. This property is located on the south side of Bonita Road, within the Residential, Single- Family (RS-1) zoning district. The applicant would like to build an addition on the north side of the existing single family home. The applicant is requesting a variance to section 24-17 to allow an addition to exceed the platted 25ft Building Restriction Line (BRL) in this subdivision. Section 24- 17 of the Land Development Regulations regulates the as “building restriction line (BRL) shall mean the line(s) extending across the front, sides, and/or rear of a lot or the property, as depicted on a platted lot of record. Building shall be contained within building restriction lines. Building restriction lines, which may require a greater building setback than the minimum yard requirement of the applicable zoning district, and which have been recorded upon a final subdivision plat approved and accepted by city staff, shall be enforceable by the city”. The original plats were hand drawn in 1960 and included a uniform 25-foot Building Restriction Line for all of the Royal Palms neighborhood for all street frontages including interior and comer lots. Developers use platted BRLs to create uniformity in subdivisions. It helps keep structures that are out of the norm or character of the surrounding structures. In 2009, Commission requested an amendment to the Royal Palms subdivision plats to remove the 25- foot BRL, such that the standard zoning district would apply (front yard setback of 20-feet). Staff observed that the most lots in Royal Palms have about 15-feet from the street curb in the right-of-way prior to the property line, so even with a standard 20-foot setback, the house will still be set back 30-35 feet from the street. City Commission hosted a workshop to discuss this and other Land Development Regulations updates. As a result, Commission directed staff to amend the Royal Palms subdivision plat to remove the 25-foot setback. At the December 14, 2009 Commission meeting, Commission approved a motion to direct staff to proceed with revisions to the Royal Palms and Atlantic Beach Villa subdivisions and authorize the Mayor to sign the revised plats. At the time, Commission was not advised of the correct Page 2 of 4 legal process for changing the plats. To revise the plats, staff must send a mailer to over 600 property owners and receive written approval from every property owner on the plats. In addition, if the property has a mortgage on the property the mortgage company must sign off on the plat too. This was not completed. Currently, the existing house meets the 25-foot Building Restriction Line established on Bonita Road. The proposed addition would extend beyond the 25-foot BRL but will not exceed the 20-foot required front yard setback. The proposed setbacks are consistent with the minimum setbacks in the zoning district. The proposed addition would project further than the front plane of the houses on either side of this block. Section 24-172 (a) (1-3) regulates residential development standards. The purpose is to ensure that buildings are compatible in mass and scale with surrounding buildings, maintaining a traditional scale of buildings as seen along the street and minimizing negative visual impacts of larger new or remodeled buildings upon adjacent properties. Existing Survey 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 prov ision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in Proposed Plan 20 ft. front yard setback per RS-1 zoning district Page 4 of 4 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. (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 BRL from the old plat shows 25’ front set back, when the architect contacted the City, they were told it is RS-1 zoning and it was a 20’ front yard set back. Requesting for variance to use the current zoning for RS-1 on prop.” (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 ZVAR22-0015, request for a variance to exceed 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 ZVAR22-0015, request for a variance to exceed the platted Building Restriction Line. September 9, 2022 RE: 720 Bonita Road, Atlantic Beach, Fla. To whom it may concern, My company, Imagine Architectural Designs, has been working with Dane & Whitney Jefferys on an addition/ renovation project for their personal residence at the address listed above. Part of our initial discovery process is to call the Atlantic Beach Building and Zoning Department and ask what the property zoning and setbacks are. We were informed that the zoning was RS-1 with setbacks of 20’ front, 20’ rear, and 7.5’ for the sides. It has come to our attention that there is an existing 25’ front setback by plat for this property. At the time we contacted the City of Atlantic Beach we were not told about the 25’ front setback and we designed the addition based on the 20’ front setback as was told to us by the City. Our client is currently in the process of applying for a variance to allow the front addition to remain as it was designed. We feel that the circumstances as explained earlier in this letter should be taken into consideration during the variance process. If you have any questions or need any additional information, please let us know. Best Regards, Wallace Brown – Imagine Architectural Designs