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1809 Tierra Verde Drive ZVAR23-0004 PACKETZVAR23-0004 169542-5094 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: ZVAR23-0004 Address: 1809 Tierra Verde Drive (RE# 169542-5094) Applicant: Marius Laurinaitis PUBLIC HEARING(S) Body: Community Development Board Date February 21, 2023 Time: 6:00 PM Request: Request for a variance to reduce the minimum side yard setback to five (5) feet to construct a sunroom on the south side of the property at 1809 Tierra Verde Drive. Summary: The applicant is requesting relief from Section 24-109(f)(3) to reduce the side yard setback from ten (10) feet to five (5) feet. The applicant is proposing to build a sun room on the south side of the existing single-family home. 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 advi sed 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 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 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 reduce the minimum side yard setback on the north side of the property to construct an addition at 1858 Selva Grande Drive. ZVAR23-0003 1809 Tierra Verde Drive Site Context and Details Located on north end of Selva Grande Drive Zoned Residential, Selva Marina (R-SM) Background Information •In the 1970’s the “Selva Marina” area was platted as a Planned Unit Development (PUD). •Area was comprised of 12 different PUDs. •A PUD ordinance was established in 1972 as a tool for the city to gain better control of development which included review by an Advisory Planning Board and City Commission. •These lands were owned by George Bull, who had a plan for developing. •COAB did not have a master plan or comp. plan to guide development. 1979 Zoning Map Background Information •In 1982, the zoning code update eliminated the PUD requirement and review process. •Between 1982 and 2018, staff enforced the Residential, Single-Family (RS-1) setbacks. •As a result, 75 of the 224 lots in the PUD were nonconforming due to fence heights, additions/new homes, and accessory structures. Background Information •Staff proposed rezoning the area to RS-1 in 2018. Community was not in support of proposal and felt this would result in a loss of unique character. •As a result, staff proposed creating a new zoning district that would maintain the original building setbacks, minimum house sizes, and fence requirements. Proposed Plan The applicant is planning to build a sunroom attached to the existing home on the south side of the property. 15.4 ft 5 ft Survey-2013 Need for Variance The proposed addition encroaches 5 feet into the 10 foot side yard setback. 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. ZVAR23-0004 Request for a variance to reduce the minimum side yard setback to five (5) feet to construct a sunroom on the south side of the property at 1809 Tierra Verde Drive. LOCATION 1809 Tierra Verde Drive APPLICANT Marius Laurinaitis DATE February 13, 2023 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant, Marius Laurinaitis, is the owner of 1809 Tierra Verde Drive. This property is located on the east side of Tierra Verde Drive approximately 120 feet north of Saturiba Drive and is located within the Residential, Selva Marina (R-SM) zoning district. The applicant would like to build a 200.86 square foot sunroom attached to the existing single family home. The applicant is still requesting a variance to Section 24- 109(f)(3) to allow an addition to exceed the required 10ft side yard setback for properties within 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 PUD, an Advisory Planning Board was required to review proposed development of three (3) or more units for code Page 2 of 4 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. The applicant is proposing to build a sunroom attached to the existing structure that encroaches 5 feet into the 10-foot side yard setback. There is currently a wood deck in the side yard which does not have setback requirements (because it is below 30” in height). The addition would need to meet applicable height and impervious surface requirements. Page 3 of 4 Survey- 1982 15.4 ft 5 ft Survey- 2013 15.6 ft. Page 4 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. (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, “Property’s southern boundary was displaced North by 5’4” after blueprints for the house were done an approved by the city on 08.31.1982. That affected the side yard setback on the south 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 ZVAR23-0004, request for a variance to reduce the minimum side yard setback 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 ZVAR23-0004, request for a variance to reduce the minimum side yard setback at 1809 Tierra Verde Drive.