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1858 Selva Grande Drive ZVAR23-0013 PACKETZVAR23-0013 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: ZVAR23-0013 Address: 1858 Selva Grande Drive (RE# 169542-5020) Applicant: Tom Fleming PUBLIC HEARING(S) Body: Community Development Board Date Wednesday, May 17, 2023 Time: 6:00 PM Request: 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. Summary: The applicant is requesting relief from Section 24-109(f)(3) to reduce the side yard setback from ten (10) feet to eight and a half (8.5) feet. The applicant is proposing to build an addition on the north 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 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. 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 (90 4) 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 1858 Selva Grande Drive Site Context and Details Located on north end of Selva Grande Drive Zoned Residential, Selva Marina (R-SM) Background Information •Under the community’s direction to maintain the unique character of the neighborhood, the R-SM zoning district was created in 2018. •It replaced eleven (11) separate PUDs with varying design requirements. •The setbacks for the subject property are: •Front yard: 20 feet •Rear Yard: 20 feet •Side Yard: 10 feet each side Proposed Plan The applicant is planning to build an addition attached to the existing home on the north side of the property. Need for Variance The proposed addition is located approximately 8.5 feet from the side lot line, 1.5 feet into the required 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.B CASE NO. ZVAR23-0013 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. LOCATION 1858 Selva Grande Drive APPLICANT Tom Fleming DATE May 9, 2023 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Tom Fleming, the owner of 1858 Selva Grande Drive. This property is a single-family home built in 1982 and is located at the end of a cul-de-sac. The property is located within the Residential, Selva Marina (R-SM) zoning district. The required setbacks within this zoning district vary by street but for this property are as follows: Front yard: 20 feet Rear yard: 20 feet Side yard: 10 feet each side The intent of the R-SM zoning district is “…for development of single-family residential areas that were originally developed as Selva Marina and Selva Tierra Planned Unit Developments (PUDs) during the 1970s and 1980s. All development of land and parcels within the R-SM zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. The R-SM district is unique because it replaces eleven (11) separate PUDs with varying design requirements. Standard R-SM zoning district design requirements shall apply to each lot unless otherwise specified.” The applicant is requesting to build an addition to the back corner of the house. The proposed addition would be located roughly 8.5 feet from the side lot line, 1.5 feet into the required side setback. The proposed addition would consist of a bedroom and bath as well as covered porch areas. Page 2 of 3 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.” Page 3 of 3 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 “Due to the original 1982 construction my lot limits side lot use. Variance requests less than 3 sq ft of relief in 10’ setback.” (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements to the property. (5) Irregular shape of the property warranting special consideration. The applicant stated “The cul-de-sac lot configuration has only 43’- 45’of frontage and the diagonal sideline causes a hardship with any expansion.” (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 ZVAR23-0011, 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, 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 ZVAR23-0013, 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.