1725 Beach Avenue ZVAR-2011-01 Staff Report 03.15.2011 RevAGENDA ITEM 4.a
COMMUNITY DEVELOPMENT STAFF REPORT
March 15, 2011 Public Hearing
Zoning Variance, ZVAR-2011-01
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: March 15, 2011 (revised Mar 8, 2011)
Subject: ZVAR-2011-01
Applicant: Donald and Karen Wolfson,
1725 Beach Avenue.
Atlantic Beach, Florida 32233
Requested Action: Request for a Variance from Sec. 24-107(e) (2) to reduce the required
20(twenty (20) foot rear yard setback to seven (7) feet to allow for the future construction of
residential structure on a non conforming 50’ x 70’ lot of record lot at 1725 Beach Avenue, west side
of1725 Beach Avenue.
STAFF COMMENTS AND RECOMMENDATION
This item was deferred by the CDB at the February 15, 2011, along with a request from Board
members for additional historic information and/or a revision to the request by the applicant. Both
Board members and the applicant requested presence of and input from legal counsel prior to further
consideration of this item. To reiterate, the applicant has requested this variance to allow for future
development of the subject property, located on the west side of Beach Avenue. Like numerous
other lots in the vicinity, this is considered a non-conforming lot of record of substandard size. Lots
of less than 5000 square feet in size are considered to be substandard in size, although they may be
legal Lots of Record, and the Code provides for their development for single-family use in
accordance with current setbacks or with the terms of a variance from the Community Development
Board. Such lots are typically 50’ wide x 50’ deep, and a number have received variances over the
years. Section 24-64 (d) (6) setting forth the following grounds for approval of a variance would
seem to be applicable to this request.
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Staff has done exhaustive research, and presents the following in support of its recommendation for
approval of a lesser variance, allowing for the reduction of the required twenty (20) foot rear yard
setback to ten (10) feet, which is consistent with the allowances previously granted to other
undeveloped substandard lots of record in the vicinity and adversely affected by the 1987 annexation
of Seminole Beach into the City of Atlantic Beach.
Excerpts from historic CDB minutes regarding variances granted for nonconforming lots
impacted by the 1987 annexation, and discussions of related matters.
A compilation of documents related to the Mark Kredell variance appeal, regarding a part of
Government Lot 4, recorded in O/R Books 6156-2259 and 5600-1703, and otherwise known
as 1850-1852 Beach Avenue.
A compilation of documents related to the Townsend Hawkes variance appeal, regarding a
part of Government Lot 4, recorded in O/R Book 3098-721, and otherwise known as 1772
Beach Avenue.
The Board should carefully consider and provide findings of fact consistent with the provisions of
Section 24-64, Variances, in support of their action.
(c) Grounds for denial of a Variance. No variance shall be granted if the Community
Development Board, in its discretion, determines that the granting of the requested variance
shall have a materially adverse impact upon one or more of the following.
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to
public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive
areas, wildlife habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situations created by the property owner.
(d) Grounds for approval of a Variance. 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 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 conditions.
(6) Substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
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(e) Approval of a Variance. To approve an application for a variance, the Community
Development Board shall find that the request is in accordance with the preceding terms and
provisions of this Section and that the granting of the variance will be in harmony with the
purpose and intent of this Chapter. In granting a variance, the Community Development
Board may prescribe conditions in conformance with and to maintain consistency with the
City Code. Violations of such conditions, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this Chapter, and shall be subject to
established Code Enforcement procedures.
(f) Approval of a Lesser Variance. The Community Development Board shall have the
authority to approve a lesser variance than requested if the lesser variance shall be more
appropriately in accord with the terms and provisions of this Section and with the purpose
and intent of this Chapter.
SUGGESTED ACTION TO APPROVE
The Community Development Board may consider a motion to approve a lesser variance than
that requested from Sec. 24-107(e) (2) to reduce the required twenty (20) foot rear yard
setback to ten (10) feet to allow for the construction of a residential structure on a non
conforming lot of record lot at 1725 Beach Avenue (west side) to run with the title to the
property upon finding (Provide findings of fact similar to the following):
(1) The special conditions and circumstances necessitating this request do not result from the
actions of the applicant.
(2) The substandard size of a lot of record warranting a variance in order to provide for the
reasonable use of the property.
(3) The granting of the variance will be in harmony with the general intent and purpose of this
Chapter, and the variance will not be injurious to the area involved or otherwise detrimental
to the public welfare.