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1858 Beachside Court ZVAR22-0001 PACKETZVAR22-0001 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: ZVAR22-0001 Address: 1858 Beachside Court (RE# 169542-0552) Applicant: Jeffrey Ritter PUBLIC HEARING(S) Body: Community Development Board Date February 15, 2022 Time: 6:00 PM Request: Request for a variance to reduce the minimum rear yard setback to convert an existing unpermitted attached pergola into a covered porch at 1858 Beachside Court. Summary: The applicant is requesting relief from Section 24-108(e)(2) to reduce the minimum rear yard setback of 20 feet to approximately 7.78 feet. There is an existing unpermitted attached pergola that is 7.78 feet from the rear property line that the applicant seeks to convert into a covered porch 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 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 Atl antic 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 reduce the minimum rear yard setback to convert an existing unpermitted attached pergola into a covered porch at 1858 Beachside Court. ZVAR22-0001 1858 Beachside Court Site Context and Details Located at the south end of Beachside Court in cul-de-sack Zoned Residential, General, Multi-Family (RG-M) Site Context and Details Proposed Plan The applicant is planning to build a covered porch in place of an existing, unpermitted pergola.7.78 feet15’ drainage and utility easement 20.10 feet Need for Variance The existing attached pergola encroaches 12.22 feet into the 20 foot rear yard. Section 24-151 states “structure(s) located closer than five (5) feet to a principal structure shall be considered attached, and shall comply in all respects with the lot, yard, and scale limitation applicable to the zoning district in which they are located”. This provision has been in the LDR since 2001. The property owners would like to re-build a new covered porch in the same location with a 7.78 rear yard setback. Considerations The covered porch would not encroach into a 7.5 ft. easement located along the west property line. 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.A CASE NO. ZVAR22-0001 Request for a variance to reduce the minimum rear yard setback to convert an existing unpermitted attached pergola into a covered porch at 1858 Beachside Court. LOCATION 1858 Beachside Court APPLICANT Jeffery Ritter DATE January 24, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Jeffery Ritter, is the owner of 1858 Beachside Court. This property is located in a cul-de-sack and is in the Residential, General, Multi-Family (RG-M) zoning district. There is an existing attached pergola at the back of the house. The city does not have any documentation of approved plans or permits for the exiting attached pergola. Section 24-151, accessory structures, specifies that any “structure located closer than five (5) feet to a principal structure shall be considered attached, and shall comply in all respects with the lot, yard, and scale limitation applicable to the zoning district in which they are located”. This provision has been in the Land Development Regulations since 2001. The pergola was built 7.78 feet from the rear property line. The minimum rear yard setback in this zoning district is 20 feet, making this attached pergola a nonconforming structure. Section 24-85(b)(6) states “the voluntary demolition by the owner of any nonconforming structure or portion thereof shall constitute evidence of willful abandonment of such nonconformity (ies) and shall not be reconstructed and all construction there after shall comply with the terms of this chapter”. The applicant would like to remove the existing pergola and construct a covered porch with the same rear yard setback of 7.78 feet. As such, the Page 2 of 3 applicant is requesting a variance from section 24-108(e)(2) to reduce the minimum rear yard setback from 20 feet to 7.78 feet. 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 View from 15th Street 7.78 feet 15’ drainage and utility easement 20.10 feet Page 3 of 3 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 “we request variance for a permit to update our existing non-enclosed structure, while maintaining the existing footprint of the area (shown in yellow on the Property Survey). The existing structure is outside of the easement and 10 feet from the property line on the West “side” of 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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR22-0001, request for a variance reduce the minimum rear yard setback to convert an existing pergola into a covered porch at 1858 Beachside Court, 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 ZVAR22-0001, request for a variance to reduce the minimum rear yard setback to convert an existing pergola into a covered porch at 1858 Beachside Court.