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211 Belevedere Street ZVAR23-0009 PACKETPUBLIC 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: ZVAR23-0009 Address: 211 Belvedere Street (RE #170509-0000) Applicant: Anne G Brent Liv Trust PUBLIC HEARING(S) Body: Community Development Board Date March 22, 2023 Time: 6:00 PM Request: Request for a variance to reduce the minimum 5-foot setback for pool equipment at 211 Belvedere Street. Summary: The applicant is requesting a variance from Section 24-82(c) to allow pool equipment to be located within the required 5-foot setback. The pool equipment was built in an unapproved location and is less than one (1) foot from the rear 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 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 a variance from Section 24-82(c) to allow pool equipment to be located within the required 5-foot setback. ZVAR23-0009 211 Belvedere St. Site Context and Details Located on the east side of Belvedere St. approx. 50 feet north of David St. Zoned Residential, Single-Family (RS-2) Newly constructed home Context Pool and pool equipment were part of the approved original building permit (meeting code). Pool is elevated and built on-top of the stormwater detention vault. Vault is partially below grade and is located 2 feet from rear property line. Pool is then setback an additional 3 feet (code requires 5 ft.) Final inspection –pool equipment located in the rear yard in the required 5 foot setback Need for Variance Section 24-84 (c) requires pools and pool equipment to be located at least 5 feet from side and rear property lines. Neighbor’s detached garage (Zero lot 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.B. CASE NO. ZVAR23-0009 Request a variance from Section 24-82(c) to allow pool equipment to be located within the required 5-foot setback. LOCATION 211 Belvedere Street APPLICANT Anne Brent Living Trust DATE March 15, 2023 STAFF Amanda Askew, Director of Building, Planning and Community Development STAFF COMMENTS The owners of 211 Belvedere Street are seeking a variance from Section 24-82(c) to allow pool equipment to be located within the required 5-foot mechanical setback. This property has a newly constructed home and is located in the Residential, Single-Family (RS-2) zoning district. The pool and pool equipment were part of the original building permit. The approved building permit located the pool equipment in the side yard meeting the min. 5-foot pool equipment. The permitted pool is elevated and built on-top of stormwater detention vault. The stormwater vault is partially below grade and is located two (2) feet from the rear property line. The pool then is setback on top of the vault three (3) feet to meet the required min. 5-foot pool setback. Upon final inspection of the property, staff determined the pool equipment was not constructed as permitted and was relocated to the rear of the property (behind the pool). It was located in the required 5-foot Approved location on building permit plans Page 2 of 3 setback and is one (1) foot from the rear of the property line. It is important to note that the neighbors detached garage is nonconforming (does not meet the 5-foot setback) and is very close the rear property line. 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 Side profile of stormwater vault Current location of pool equipment Page 3 of 3 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 Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (5) 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 ZVAR23-0009, request for a variance to Section 24-151(b)(1)(l), 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 ZVAR23-0009, request for a variance to Section 24-151(b)(1)(l). 211 BELVEDERE ST VARIANCE APPLICATION REQUESTING A VARIANCE FROM SECTION 24-82 (.C.) TO ALLOW POOL EQUIPMENT TO BE LOCATED WITHIN 5’ FOOT SETBACK ON REAR OF LOT SURVEY OF 211 BELVEDERE ST GENERAL NOTES: SURFACE PRE AND POST FLOW TYPE "A" DRAINAGE SYSTEM SUBGRADE ENGINEERED DRAINAGE SYSTEM PROPERTY INFORMATION ZONING SETBACKS PERCENTAGE IMPERVIOUS = 43% BENCHMARK MAP SHOWING FINAL AS-BUILT SURVEY OF: NOTESBANKS & BANKS CONSULTING, INC. 83 WEST 9TH STREET ATLANTIC BEACH, FL (904)-685-2800 FAX (904)-685-2345 A GEOSPATIAL COMPANY BANKSANDBANKSCONSULTING.COM THIS SURVEY WAS ELECTRONICALLY CERTIFIED BY DARYL S. BANKS, PSM 6063, AS TIMESTAMPED ON BORDER. ٱ ٱ CLOSE UP VIEW –SURVEY - SHOWING ADJOINING TANG PROPERTY ORIGINAL LOCATION OF POOL EQUIPMENT BY AC’S THERE WAS NOT ENOUGH ROOM TO HOUSE ALL THE POOL EQUIPMENT BY THE AC’S –WITH THE LANDING & STEPS ADDED THE ADJOINING AREA NEXT TO AC’S –WE HAD PLANNED AN EXT SHOWER FOR THE POOL –WITH THE MANHOLE REQUIRED BY ENGINEERING, DOES NOT ALLOW ADEQUATE ROOM TO HOUSE ALL THE POOL EQUIPMENT EXT SHOWER NEXT TO AC EQUIP. •THIS IS A UNUSUAL CIRCUMSTANCE WHEN YOU HAVE A GARAGE BUILDING LOCATED ON THE PROPERTY LINE –IT IS ALSO BEHIND OUR POOL ACCENT WALL WHICH CREATED A “DEAD SPACE” BETWEEN THE 2 PROPERTIES. WE WANTED TO CREATE A NICE AMBIANCE FOR OUR BACK YARD THEREFOR, PART OF THE POOL DESIGN WAS TO HAVE A STONE WALL WITH WATERFALL EFFECT TO HELP HIDE THIS GARAGE BUILDING. ACCENT WALL AT BACK OF POOL –GARAGE BLDG BEHIND THE POOL PIPING AND POOL EQUIPMENT CONTAINING: POOL PUMP, POOL FILTER, SPA HEATER, ETC TAKES UP AN AREA 3’-6” IN WIDTH X 12’-6” LENGTH SINCE ALL THE PIPING & ROUGH IN WAS STUBBED UP IN THIS AREA BETWEEN THE POOL ACCENT WALL AND THE TANG GARAGE BUILDING, IT SEEMED THE BEST PLACE FOR ALL THIS EQUIPMENT TO BE HOUSED. ALL THE INSPECTIONS WERE DONE DURING THE CONSTRUCTION OF THE POOL, AND IT WAS NEVER BROUGHT UP THAT THE POOL EQUIPMENT MUST BE 5’ FOOT FROM THE PROPERTY LINE. ALL OF THE ELECTRICAL EQUIPMENT IS 5’-3” FROM THE CONCRETE GARAGE BUILDING (WHICH IS ON THE PROPERTY LINE) 5’-3” ALL OF THE POOL EQIPMENT IS 2’-8” FROM THE CONCRETE GAR. BLDG. TO CENTER OF EQUIPMENT 2’-8” THESE ARE 2 VIDEOS I DID TO SHOW THE SOUND RELATING TO THE AC RUNNING IN THE TANG GARAGE BUILDING VERSES OUR POOL PUMP RUNNING AT ITS NORMAL 1650 RPM SPEED TANG GARAGE BLDG. WINDOW AC UNIT POOL PUMP LOCATED AT REAR OF 211 BELVEDERE ST THERE ARE NO NEGATIVE EFFECTS ON ADJOINING TANG PROPERTY, THE NEW TECHNOLOGY OF THE PENTAIR POOL PUMPS RUN VERY QUIETLY, THEREFOR THE SOUND IS LESS THAN 25 DB WHEN THE WATERFALLS EFFECTS ARE ON, THE SOUND OF THE WATER IS MUCH MORE PROMINENT CLOSE UP VIEW OF POOL EQUIPMENT LOCATION IN RELATION TO THE TANG GARAGE BUILDING AND POOL ACCENT WALL.