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409 Mako Drive ZVAR23-0010 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) 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: ZVAR23-0010 Address: 409 Mako Drive (RE #171468-0000) Applicant: Torin Gilbert PUBLIC HEARING(S) Body: Community Development Board Date April 18, 2023 Time: 6:00 PM Request: Request for a variance to the platted Building Restriction Line (BRL) at 409 Mako Drive. Summary: The applicant is requesting a variance to enclose an existing covered porch within the 25- foot Building Restriction Line (BRL) at 409 Mako Drive. The proposed addition would encroach into the zoning district front yard setback in the Residential, Single-Family (RS- 1) zoning district. 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 de liberations 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 fo r 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 to the platted Building Restriction Line(BRL) at 409 Mako Drive. ZVAR23-0010 409 Mako Drive Site Context and Details Located on the east side of Mako Drive. Zoned Residential, Single Family (RS-1) 25-foot Building Restriction Line (BRL) across front of lot 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 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 enclose the existing open front porch that is within the 25 ft. platted BRL. The proposed enclosure in the front is approximately 21 feet from the front property line. 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 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 and 2022. 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. ZVAR23-0010 Request for a variance to the platted Building Restriction Line (BRL) at 409 Mako Drive. LOCATION 409 Mako Drive APPLICANT Torin Gilbert DATE April 12, 2023 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Torin Gilbert, is the owner of 409 Mako Drive. This property is located within the Royal Palms neighborhood and is zoned Residential, Single Family (RS-1). The front setback within the RS-1 zoning district is 20 feet, however this lot has a 25 foot platted Building Restriction Line (BRL) across the front of the property. Section 24-17 states that BRLs, which may be greater than the zoning setbacks, shall be enforced. Currently, the existing house meets the 25 foot BRL established on Mako Drive. The applicant is proposing to enclose the existing front porch that is within the 25 foot platted BRL. It appears that the front porch was included with the original construction of the house. Based on the submitted survey, dated January 26, 2023, the front porch is setback about 21 feet from the front property line, which would meet the 20-foot front setback required in the RS-1 district. However, the architectural floor plans submitted by the applicant show the proposed area project roughly 5 feet, 7 inches into the 25 foot BRL, which would not meet the 20-foot front setback. In either case, enclosing the porch would not meet code as it would not meet the 25 foot BRL and would require a variance. 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 Page 2 of 3 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 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. 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. The applicant stated “There is no change in footprint or roofline, other homes have similar accepted variances.” (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. REQUIRED ACTION Page 3 of 3 The Community Development Board may consider a motion to approve ZVAR23-0010, request for a variance from 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 ZVAR23-0010, request for a variance from the platted Building Restriction Line.