315 20th Street ZVAR-2005-04 (Cleary)AGENDA ITEM 6.f.
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
February 22, 2005 Public Hearing
ZVAR- 2005 -04, Roger and Kathleen Cleary
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: February 09, 2005
Subject: ZVAR- 2005 -04
Applicant: Roger and Kathleen Cleary
315 20th Street
Atlantic Beach, Florida 32233
TICE C�py
Requested Change: Request for a Variance to reduce the required rear yard setback from 20 -feet
to 12 -feet to allow for the replacement of an enclosed sun -room addition on
the rear of the existing residence for property within Selva Marina Gardens
and located at 315 20th Street.
Existing Zoning: PUD (with RS -1 District setbacks)
Future Land Use: Residential, Low Density
Surrounding Zoning: RS -1 and PUD
Surrounding Land Use: Single - family residential
nA)
40 el
STAFF COMMENTS
The Applicant has requested a reduction in the required 20 -foot rear yard to allow for the
replacement of a previously existing enclosed sunroom in its former location. The new sunroom
would provide a rear yard setback of 12 feet. The previously existing sunroom was constructed by a
former owner without building permits. The current owners recently submitted permit applications
to re- construct a new sunroom, but were advised by the Building Department that the sunroom had
been constructed without building permits. The current owners proceeded to demolish the un-
permitted structure. City files indicate that a Variance application was filed by a previous owner in
1983, but the application was withdrawn before it was acted upon. At some point thereafter, the
sunroom was constructed without a Variance or Building Permits.
The subject lot is within the Selva Marina Garden PUD, which established the same setbacks as the
RS -1 Zoning District, therefore requiring a 20 -foot rear yard. The Applicant should further address
how the request is consistent with the following conditions, which authorize the Community
Development Board to grant a Variance.
(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 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.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny this request for a
Variance to reduce the required rear yard setback from 20 -feet to 12 -feet to allow for the
replacement of an enclosed sun -room addition on the rear of the existing residence for property
within the Selva Marina Garden PUD and located at 315 20th Street, provided:
n 1. There are no exceptional topographic conditions of or near the property.
n2. There are no surrounding conditions or circumstances impacting the property disparately
from nearby properties.
03. There are no exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
n 4. There are no regulations enacted after platting or after development of the property or after
construction of improvements upon the property having an onerous effect upon existing use
and development of the property.
❑ 5.
The lots are not of irregular shape of the property warranting special consideration.
n 6. The lots are not of substandard size warranting a Variance in order to provide for the
reasonable Use of the property.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve this request for a
Variance to reduce the required rear yard setback from 20 -feet to 12 -feet to allow for the
replacement of an enclosed sun -room addition on the rear of the existing residence for property
within the Selva Marina Garden PUD and located at 315 20th Street, provided:
❑ 1. There are exceptional topographic conditions of or near the property.
O 2. There are surrounding conditions or circumstances impacting the property disparately from
nearby properties.
❑ 3. There are exceptional circumstances preventing the reasonable use of the property as
compared to other properties in the area.
• 4. There are regulations, which were enacted after platting or after development of the property
or after construction of improvements upon the property, that have onerous effect upon
current use and development of the property.
n 5. The lots are of irregular shape of the property warranting special consideration.
• 6. The lots are of substandard size warranting a Variance in order to provide for the reasonable
Use of the property.
H:\PLANNING \VARIANCE FILES\ZVAR- 2005 -04 (Cleary) \Staff Report.Doc
3
AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
Tuesday, February 22, 2005 at 7:00 p.m.
City Hall Commission Chambers, 800 Seminole Road
1. Call to order and pledge of allegiance.
2. Approval of Minutes of the meeting of December 20, 2004.
3. Recognition of Visitors.
4. Election of Officers.
5. Old Business. None.
6. New Business.
a. UBE- 2005 -01, John G. Murr. Request for a Use -by- Exception to allow an auto body
shop (Heavy Automotive Repair) in an existing building on a developed site within the
Commercial General (CG) Zoning District and located at 589 West 14th Street.
b. UBE- 2005 -02, John Fiege. Request for a Use -by- Exception to allow a martial arts studio
within an existing commercial building on a developed site within the Commercial
Limited (CL) Zoning District and located at 1221 Mayport Road.
c. ZVAR- 2005 -01, Richard Gearhard. Request for a Variance to reduce the required rear
yard setback from 20 -feet to 15 -feet to allow for the construction of an enclosed sunroom
addition on the rear of the existing residence for property within the RS -1 Zoning District
and located at 785 Redfin Drive.
d. ZVAR- 2005 -02, Ian Sean McAfee. Request for a Variance to reduce the required rear
yard setback from 20 -feet to 15 -feet to allow for the construction of an addition on the
rear of the existing residence for property within the RS -2 Zoning District and located at
824 Sherry Drive.
e. ZVAR- 2005 -03, Davis Fleming. Request for a Variance to reduce the required 15 -foot
combined side yard setback to allow for the construction of a first floor addition and a
second story balcony within the existing footprint of an existing nonconforming single -
family residence within the RG -3 Zoning District and located at 1025 Beach Avenue.
f. ZVAR- 2005 -04, Roger and Kathleen Cleary. Request for a Variance to reduce the
required rear yard setback from 20 -feet to 12 -feet to allow for the reconstruction of a
screen room addition on the rear of the existing residence for property within Selva
Marina Gardens and located at 315 20th Street.
xcep o r:audw 4ati
0nu0rci al'.liu
c District R and loca
Iytayp A;R- 2Q 9S -01, request fog
t o redutce th e Y rear:yard setba from 20 `feet t
s� :i�+ E #i{.rh �aals x �+`,� a� 8 ,37 +�t�
a ll ow for th i constructi o i an en closes
addition o�i'tlie rea the' i residence;
•wit the "RS i Zog District and loch .x
V1 — i' 2U05 = 02 ; _reg f or a
ac k from 20 =fe t::ti IBS,
February 09, 2005
Roger and Kathleen Cleary
315 20th Street
Atlantic Beach, Florida 32233
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5445
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5845
http: / /ci.atlantic- beach.fl.us
Re: February meeting of the City of Atlantic Beach Community Development Board
Dear Mr. and Mrs. Cleary:
Please be advised that your application for a Variance will be considered by the Community
Development Board at their meeting on Tuesday, February 22, 2005 at 7:00 pm. The meeting
will be held in the Commission Chambers located at City Hall. An agenda is enclosed.
You should be aware that failure to be present at this meeting to represent your application may
result in the denial or delay of action on your application. Please call 247 -5817 to confirm your
plans to attend the meeting. (You may leave a voice mail message.)
Sincerely,
Sonya : I oerr, AICP
Community Development Director
Enclosures
Date 0 2'9 -oV
1.
2.
3.
4.
5.
7.
Property Appraiser's Real Estate Number
Current Zoning Classification
Provision from which Variance is requested
APPLICATION FOR A VARIANCE
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -544
Phone: (904) 247 -5800 • FAX (904) 247 -5845 • http: / /www.coab.us
Applicant's Name f"\ O4 i r — E" « (� t I lc.
Applicant's Address 3 /6` 020'3f
Property Location /141 w 4 f 6,
File No. 2 V/g 2095 'a
f1 /7.2 6
6. Comprehensive Plan Future Land Use designation
i
8. Size of Parcel ( O X /00
9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction.
DYes 121No (If yes, this must be submitted with any application for a Building Permit.)
10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24 -64 of
the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application.
Statement and site Ulan must clearly describe and depict the Variance that is requested.
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies
record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for
applicant to represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property for which Variance is sought.
c. Required number of copies: Four (4), except where original plans. photographs or documents larger
than 11x17 inches are submitted. Please provide eight (81 conies of anv such original documents.
d. Application Fee ($150.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): __, l> ci r' r -E- AT 1 h t
Signature(s): 7 -
cL
Mailing Address: 3 t! b a0
Phone: 9 07 -a c/ - 6 24a/ FAX:
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE
REGARDING THIS APPLICATION
Name: { Z 0 q n ( J { t,b 4- V
E -mail:
ALL CORRESPONDENCE
(4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by
the Owner for the agent to act on the behalf of the property owner shall be provided with the
application.
(b) Public Hearing. Upon receipt of a complete and proper application, the Community Development
Director shall within a reasonable period of time schedule the application for a public hearing before the
Community Development Board following required public notice. At the public hearing, the applicant
may appear in person or may be represented by an authorized agent.
(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 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.
The following naragranh sets forth reasons for which a Variance may be approved. Please
check the circumstances that apply to your request and briefly describe in the space provided.
(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.
IN (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.
(e)
(f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a
lesser Variance than requested if a 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.
(g)
(i)
❑ (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.
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.
Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall
not be grounds for approval of a Variance.
(h) Waiting period for re- submittal. If an application for a Variance is denied by the Community
Development Board, no further action on another application for substantially the same request on the
same property shall be accepted for 365 days from the date of denial.
Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,
the work to be performed pursuant to a Variance shall begin within six (6) months from the date of
approval of the Variance. The Community Development Director, upon finding of good cause, may
authorize a one time extension not to exceed an additional six (6) months, beyond which time the
Variance shall become null and void.
(j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to
the Property unless otherwise stipulated by the Community Development Board.
Additional comments:
1
j
l
•
MAP SHOWING BOUNDARY SURVEY .
THE EAST 21.5 FEET OF LOT 16 AND THE WEST 38.5 FEET OF LOT 17, SELVA MARINA GARDEN ACCORDING TO PLAT
THEREOF RECORDED IN PLAT BOOK 37, PAGE 84, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
LOT 15
PROPERTY DATA
ADDRESS: 315 20th STREET
REF# 172020 5040
ABBREVIATION TABLE
R/W = RIGHT OF WAY (M)= MEASURED
LB.�UCENSED BUSINESS R - RECORD
LS.- UCENSED SURVEYOR C = CALCULATED
P.B. =PUT BOOK
PG. -PAGE
O.R. = OFFICIAL RECORD
F.I.R =FOUND IRON ROD
F.I.P. FOUND IRON PIPE
P.L.S.-PROFESSIONAL LAND SURVEYOR
F.C.M.-=FOUND CONCRETE MONUMENT
S.I.R. =SET IRON ROD
P.C. =POINT OF CURVATURE
P.T. -POINT OF TANGENCY
B.R.L. - BUILDING RESTRICTION UNE
LOT 3
PLAT BOOK 38
PAGE 39
70
0
O z
- O
0
03 70
0
-
28.50'
F.I.P. 1/2"
NO ID.
0
0
O
O
EAST 21.5'
OF LOT 16
- 7'-••• •
A.C.
-1 S 6'-
21.50'
N89'08'46 "E 60.00'
LOT 2
PLAT BOOK 38
PAGE 39
17 5'
6' W00D
' FENCE
SCREEN
ROOM
10
1.5'
1 -1/2 STORY
FRAME
RESIDENCE
#315
18.3'
LSRSURVEY.COM
16.0'
38.50'
5.rr"
S89'08'46 "W
(BASIS OF BEARING)
60.00'
20th STREET
(PAVED 60' R /W)
SURVEY MAP PREPARED FOR:
ROGER CLEARY & KATHLEEN CLEARY
R B C MORTGAGE COMPANY
STEWART TITLE OF JACKSONVILLE
STEWART TITLE GUARANTY
SURVEYORS NOTES:
1.) NO SUBSURFACE FIXED IMPROVEMENTS ARE LOCATED.
2.) THIS SURVEY MAP AND COPIES THEREOF ARE INVALID WITHOUT
THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
3.) OWNERSHIP OF FENCES & IMPROVEMENTS IS NOT DETERMINED.
Land Survey Resources, Inc.
FLORIDA LICENSED BUSINESS N0. L.B. 7313
3400 U.S. 1 SOUTH - SUITE F
SAINT AUGUSTINE, FLORIDA 32086
WEST 38.5'
OF LOT 17
9. 6'
o 0 /
PHONE: 904 - 797 -4200 FAX: 904 - 797 -4282
I NO ID.
x x x
F.I.P. 1/2"
6' WOOD
FENCE
N
O
O
O
0
0
0
LOT 1
PLAT B001< 38
PAGE 39
LOT 18
11.50' 20.00' P.C.
F.I.P. 1/2"
NO ID.
SYMBOL LEGEND SET
o SET I/2" IRON ROD P.S.M. # 6270
O SET 4 "X4 "CONCRETE MONUMENT P.S.M. q 6270
A SET NAIL & DISK P.S.M. 8 6270
X SET X CUT
SYMBOL LEGEND FOUND
• FOUND 4 "X4 "CONCRETE MONUMENT
FLOOD DATA
FLOOD ZONE; X
COMMUNITY PANEL N0: 120077
REVISED: AUGUST 15, 1989
MAP SCALE: 1" = 20'
PROJECT 4: 04 - 128
SURVEY DATE: MARCH 15, 2004
SIGNATURE DATE: MARCH 18, 2004
JAMES D. ELSON
PROFESSIONAL LAND SURVEYOR
FLORIDA LICENSED SURVEYOR N0. L.S. 6270
City CUSTOMER Atlantic Beach
CUSTOMER RECEIPT
Oper; CKOMOREK Type; OC Drawer: 1
Date: 2/09/05 01 Receipt no 31367
Descri ion I
Quantity Amount
BP BUILDING PERMITS
1. $150.
Tender detail
CK CHECK
Total tendered
Total payment
1019 *150.
*150.
*150.
Trans date: 2/09/05 Time: 13 :15 :15