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1435 Linkside Drive ZVAR-2006-07 (Robbins-Opladed)October 18, 2006 Jack Robbins and Christopher Opladen 1435 Linkside Drive Atlantic Beach, Florida 32233 Re: Variance application ZVAR- 2006 -07 Dear Mr. Robbins and Mr. Opladen: This letter confirms that your application for a Variance was deferred indefinitely, with no action taken, by the Community Development Board at their meeting on Tuesday, October 17, 2006. Sincerely, Sonya :. Doerr, AICP Community Development Director 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 Draft Minutes of September 19, 2006, Community Development Board Meeting MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD September 19, 2006 A regular meeting of the Community Development Board was held on Tuesday, September 19, 2006, in the City Hall Commissions Chambers. Present were Chairman Sam Jacobson, Craig Burkhart, Lynn Drysdale, Steve Jenkins, Chris Lambertson, Community Development Director Sonya Doerr, and Recording Secretary Bambi Dickinson. Dave Maclnnes and Carolyn Woods were absent. 1. Call to Order and Pledge of Allegiance. Chairman Jacobson called the meeting to order at 7:03pm. 2. Approval of Minutes. A motion was made by Mr. Burkhart to approve the minutes from the regular meeting of July 18, 2006 and August 15, 2006. Mr. Lambertson seconded the motion, and it passed unanimously. 3. Recognition of Visitors. No persons spoke at this time. 4. Old Business. None. 5. New Business. a. UBE- 2006 -05, Chris Wilson, d /b /a CW Specialties. Request for a Use -by- Exception for a welding shop with mobile welding services in the Light Industrial and Warehousing Zoning District, to be located within an existing multi- tenant facility (Atlantic Beach Commerce and Storage) occupied by other light industrial and warehouse uses and located at 121 Levy Road. Applicant was not present to represent the request. The item was delayed to be considered later in the meeting. (Comments following final agenda item.) Chairman Jacobson commented that he preferred that the applicant be present to discuss the request and suggested deferring it to next month. Mr. Burkhart concurred since the business is already in operation and deferring it would not be restricting the current operation. The item was deferred to the October meeting. a. ZVAR- 2006 -07, Jack P. Robbins and Christopher M. Opladen. Request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single- family residence located at 1435 Linkside Drive within the Selva Linkside PUD. Christopher M. Opladen introduced himself as the property owner of 1435 Linkside Drive and reviewed his request for a Variance. The applicant is requesting this Variance in order to add a handicap accessible master bedroom and bath to the first floor of the existing home. Applicant stated he is a cancer patient and has recently been able to manage without his wheelchair but is scheduled for more surgery in the future. Mr. Jenkins questioned applicant if he had spoken with his neighbors regarding the proposed addition. Mr. Opladen indicated he had spoken with the neighbors on both sides of the residence and both were "okay" with the addition. A golf course is 1 Draft Minutes of September 19, 2006, Community Development Board Meeting located behind the property. Ms. Doerr advised the proposed addition has already been approved by the Homeowner Association's ARC. Mr. Lambertson suggested a possible redesign by pulling the proposed master bedroom in closer to the house to reduce the setback. This might reduce or eliminate the need for a Variance. Mr. Lambertson asked Ms. Doerr if 9 -feet and 1- foot was the PUD and for clarification. Ms. Doerr confirmed and advised that the applicant was asking for the 9 -foot side to be reduced to 4 -feet 7- inches. Mr. Burkhart noted the home next door is 1.5 feet from the line and that these two homes would be close together if approved. Mr. Opladen stated the room was designed to be handicap accessible with wheel chair accommodations and if the bedroom was repositioned his neighbors might object due to his bedroom window would line up with their bedroom window. Mr. Burkhart agreed with Mr. Lambertson that if the proposed master addition were lined up with the current Florida room accessibility would not be affected. Mr. Jenkins stated he had originally focused on the irregular shape of property but after reviewing Mr. Lambertson's suggestion he did not wish to go forward on this issue when other possibilities needed to be examined without having to grant a Variance. Chairman Jacobson expressed sympathy to Mr. Opladen's personal issues but has concerns about granting the Variance request due to the fact it is the most common request this board reviews (people who want to build in the side yard or setback areas). Mr. Burkhart recommended deferring the Variance request instead of a vote suggesting that an architect could probably come up with a plan that did not require a Variance. Mr. Opladen requested to defer the application at this time. The item was deferred until the October meeting. c. ZVAR- 2006 -08, a request for a Variance to reduce the dimension of parking space sizes from 10 -feet by 20 -feet to 9 -feet by 18 -feet in association with the development of a new office condominium project. Scott Morris introduced himself as the owner of the property located at 1845 Mayport Road and reviewed his request. The proposed use requires only 35 parking spaces, but he would like to increase the number of spaces to 43 and decrease the size of the spaces to 9x18 feet, noting the large stormwater pond required on the site. Mr. Lambertson stated he wanted the record to reflect that he had sold this property to Mr. Morris but was in no way associated or involved in Mr. Morris' business venture. Mr. Lambertson stated he did not feel any conflict of interest, but preferred to abstain from the voting. A motion was made by Mr. Burkhart and seconded by Ms. Drysdale to recommend approval for the request for a Variance to reduce the dimension of parking space sizes from 10 -feet by 20 -feet to 9 -feet by 18 -feet for 43 parking spaces (plus ADAAG compliant spaces) to serve a new office condominium project located at 1845 Mayport Road. The motion passed unanimously with Mr. Lambertson abstaining from the vote. d. Recommendation to City Commission related to revisions to Section 24 -112 of the Land Development Regulation, the Commercial General (CG) Zoning District regulations. Chairman Jacobson requested that Ms. Doerr provide an introduction on the proposed recommendations. Ms. Doerr advised that revisions to Section 24 -112 had not been made since 2001, and the proposed revisions were indicated by blue font on the Board's draft. The City Commission directed staff to draft regulations, which would limit large -scale retail uses within the Commercial General (CG) Zoning District. The revisions have been prepared for the Community Development Board's consideration. Ms. Doerr stated she had spent several weeks researching this issue and had provided information related to other cities for the CD Board's for review. 2 AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, September 19, 2006 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Recognition of Visitors. 3. Old Business. None. 4. New Business. a. UBE- 2006 -05, Chris Wilson, d /b /a CW Specialties. Request for a Use -by- Exception for a welding shop with mobile welding services in the Light Industrial and Warehousing Zoning District, to be located within an existing multi- tenant facility (Atlantic Beach Commerce and Storage) occupied by other light industrial and warehouse uses and located at 121 Levy Road. b. ZVAR- 2006 -07, Jack P. Robbins and Christopher M. Opladen. Request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single - family residence located at 1435 Linkside Drive within the Selva Linkside PUD. c. ZVAR- 2006 -08, Atlantic Point Partners LLC. Request for a Variance to reduce the dimension of parking space sizes from 10 -feet by 20 -feet to 9 -feet by 18 -feet in association with the development of a new office condominium project within the Commercial General Zoning District located at 1845 Mayport Road. d. Recommendation to City Commission related to revisions to Section 24 -111 of the Land Development Regulation, the Commercial General (CG) Zoning District regulations. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida. Interested parties may attend the meeting indicated in this notice and state your opinions, or comments regarding the agenda items may be mailed to the address contained in this notice. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at the meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247 -5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. Applicant: Jack P. Robbins and Christopher M. Opladen 1435 Linkside Drive Atlantic Beach, Florida 32233 Existing Zoning: Planned Unit Development (PUD) Future Land Use: Residential, Low Density Surrounding Land Use: Single - family residential AGENDA ITEM 4.a. To: Community Development Board From: Planning, Zoning and Community Development Department Date: August 31, 2006 Subject: ZVAR- 2006 -07 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT October 17, 2006 Public Hearing continued from September 19, 2006 Public Hearing ZVAR- 2006 -07, Robbins / Opladen Requested Change: Request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single- family residence located at 1435 Linkside Drive within the Selva Linkside PUD. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT September 19, 2006 Public Hearing ZVAR- 2006 -07, Robbins / Opladen To: Community Development Board From: Planning, Zoning and Community Development Department Date: August 31, 2006 Subject: ZVAR- 2006 -07 Applicant: Jack P. Robbins and Christopher M. Opladen 1435 Linkside Drive Atlantic Beach, Florida 32233 Existing Zoning: Planned Unit Development (PUD) Future Land Use: Residential, Low Density Surrounding Land Use: Single - family residential AGENDA ITEM 4.b. Requested Change: Request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single - family residence located at 1435 Linkside Drive within the Selva Linkside PUD. STAFF COMMENTS Side yard setbacks for the Selva Linkside PUD are 1 -foot and 9 -foot such that a 10 -foot separation between residences is provided. The existing residence is constructed in compliance with these setbacks. The property owners wish to construct a 758 square feet addition to the rear of the house. The proposed addition would decrease the 9 -foot side setback to 4 -feet, 7 inches. The subject lot is an irregularly shaped triangular lot, which substantially narrows from the front to the rear of the property. The Community Development Board may wish to consider whether the irregular shape of this property justifies special consideration related to this request, as set forth in following provision (d) 5. (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 APPROVAL The Community Development Board may consider a motion to approve this request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single - family residence, as shown on the site plan submitted with this application, for a lot located at 1435 Linkside Drive within the Selva Linkside PUD, provided: 2. There are surrounding conditions or circumstances impacting the property disparately from nearby properties. Li 3. There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 1. There are exceptional topographic conditions of or near the property. 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. 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. 2 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to deny this request for a Variance to reduce the required side yard setback from 9 -feet to 4 -feet, seven inches to allow an addition to a single - family residence located at 1435 Linkside Drive within the Selva Linkside PUD, provided: n 2. There are no surrounding conditions or circumstances impacting the property disparately from nearby properties. 1. There are no exceptional topographic conditions of or near the property. 3. 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. ❑ 6. The lots are not of substandard size warranting a Variance in order to provide for the reasonable Use of the property. H: \PLANNING \VARIANCE FILES\ZVAR- 2006 -07 (Robbins) \Staff Report.doc 3 August 28, 2006 Jack Robbins 1435 Linkside Drive 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: September 19th meeting of the City of Atlantic Beach Community Development Board Dear Mr. Robbins: Please be advised that your application for a Variance will be considered by the Community Development Board at their meeting on Tuesday, September 19th. The meeting begins at 7:OOpm and will be held in the Commission Chambers located at City Hall at 800 Seminole Road. You should be aware that failure to be present at this meeting to represent your application may result in the 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, S D — v 6 - '7 Sonya B. Doerr, AICP Community Development Director Date APPLICATION FOR A VARIANCE City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5800 FAX (904) 247 -5805 • http: / /www.coab.us File No. zV4a 010 — 0 7 1. Applicant's Name 01 41— r gbb t CAwiy Q ?kdL 2. Applicant's Address L i ii•c54( 3. Property Location ) y 3 5 L tit '�. i19 ��1�w< 1 gat, r L 37 3 4. Property Appraiser's Real Estate Number 1 -01 - 6 5. Current Zoning Classification ge.656m$-tr6U e5 6. Comprehensive Plan Future Land Use designation tit RS-2 7. Provision from which Variance is requested Petiut. .F4 zJ v.ecyitkne CU 0:$ e be {r‹-s n q� +»i`s 50 b a aw0 be Li 7 8. Size of Parcel E7 Co sr 9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction. ,Yes ❑No (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 plan 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 (8) copies of any 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): �..J ALI/- t! Clew s• 7 Signature(s): - , o t'4 er ADDRESS AND CONTACT INFORMATION OF PERS5N TO tIECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: ( - ,\1,01 Mailing Address: i 4 3C c -%U\ki t D(t\k httivkii q7eei iL F L :t 3:3 Phone: 9IN - `4 - )2,-4039 FAX: E-mail: coo I ©ve C1(64'4.4 4 (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 paragraph 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. II (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (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. (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. (i) n (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. V5 (5) irregular shape of the property warranting special consideration. Sys e , '2:el 1 * PCi r(e t oNc p;( si-krea o n-. (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. (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. (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) 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: re 4jeti4- „ i A4 64 ct tredroCrn otti ) 1 ` , `fie 4rs.v 'Rem Jut c Nadi /ka-t oLcm r-. 14SO 1435 1104 1174 116 14. 1145 141 1464 1403 1355 1171 1J39 7L �: 743+3 145[6 371.31 X417 }i ftr 1 Cop54}i1ht{Cj = +1;15 Crt7 anvilh, FI 1476 14 ?2 Page 1 of 1 http: / /maps2.coj. net / output /jaxMapsP_GISMAP 14316551622333.pna R/31 /7 FIELD .BOOK' 3_ PG. S, 4/ MAP SHOWING , BOUNDARY SURVEY OF IOT 66 . XCEPT E,FO/JT,446 -,4s ERL.'y :3.Q,a FEET• •7N.Ei gaP .5Ez Y,9 Z /NHS /DE' UN /T / • AS RECORDED IN PLAT BOOK 11 PAGES 3'e '3A OF THE CURRENT PUBLIC RECORDS OF DUVAL CO., FLA. FOR C"E,VTEX M WE5 COR,47,5AT40,V NOTE: BEARINGS SHOWN HEREON ARE BASED ON THE ABOVE MENTIONED• PLAT. • `\ � p ss. L. 4. . k:„ • PART or 9EC77o/./ /7, 7oWNSW /12 E,50UTL/ • RAJ/GE 89 /2/757 V /\S6, e ` i i i \ � / L ti o Q � e ta ct Ft} U L. y N r r a C Q$ 1 r ,,,, x ki • V, .6 pp � i t , �� V V.) O 8 v . II.1� �' 11,0' \' ' • ' a Q o . v 5.5 `` ` 1 5.0 Z yip 5� � � hi& W : w l J \ — 1L �2 \ \ 9��c� cI E ` 1. k . m \ I� ; A i.5,. a e. 4• y'JL I \ m_ Ei (15 P N , 'a Er, • u. 1 0.0' .: �• .. 7s ✓ EA /7.1' f / •. - (4. E�MENT s`i f � 3.3� R o O k R O NG I'll ti .� . *; 1 1 ' . v0 '' Lie 0. af yl Rl 60 4 ,...__________ . ag /7 /4444 I/ b .'. 48.ISU /�I 4 6.34"° G '9 5�' I Y DR - AZAz4L • 5/,V9 Y.'..7 -9 Nor SET / /170.1/ CF/Of A14 O7t/ /.QO,v6- I .HEREBY CERTIFY THAT THIS SURVEY PERFORMED UNDER MY RESPON DIRECTION, MEETS THE MINIMUM .TECHNICAL STANDARDS FOR LAND SURVEYORS IN'ACCORDANCE WITH CHAPTER 61G17 -6, FLA. ADMINISTRATIVE cop E (PURSUANT TO SECTION 472. 027, FLORIDA STATUTES), AND FURTHER CERTIFY THAT THERE ARE NO VISIBLE •ENCROACH - MENTS.•UPON THE SUBJECT' PROPERTY EXCEPT AS SHOWN ON THIS SURVEY. ‘ CERTIFICATE: THE LOT SHOWN HEREON IS IN FLOOD LEGEND :: - ' - COHCA T>_: MONuMEHr • 1,R•' FOUND IRON o 1/2" SET IRoN• L,6. 1744 LR.L. EIJRUINQ RESTRICTION UNE '. °!RTRAI, R xADIII5 A ' •ARC o18TANCE CH. • -CNCR DI STANCE P.C PO INT of C URVATURE P Y, POIMJ OF TANGENCY R R,C. ; PAINT 04 11EVERSE CommE POINT or POc.. . MPoumo cuing •ZONE , IMAP, S . , .SCALE:' AS SHOWN ON THE FLOOD INSURANCE RATE CLARSON AND ASSOCIATES INC. COMMUNITY PANEL No 120075 - 055/ D DATED 447- 90 1649 NALGO AVE. JACKSONVILLE, FLA -30207 q ,�• ` /�} r ` D /!' //JE� $ �5 �� /J�f 6 yD 19 I L/� • ; ��/ ,IV'''. ,, _ ERED SURVEYOR NO, /#'"*". 0 / F - 20 ©IST. ,l .LA do 54" .4. /.--4144. .,. FIELD .BOOK' 3_ PG. S, 4/ SETBACK 2 ' O " SETBACK 5 "5" SETBACK 2'9 4. LOT 6850 SF ' MASTER BDRM 20' -7" 1435 LINKSIDE DR FIRST FLOOR EXISTING HOUSE 1441 SF EXISTING AREA 1441 SF ADDITIONS 758 SF DRIVEWAY 670 SF TOTAL 2869 SF LOT 6850 SF PROPOSED COVERAGE 49.88 % Driveway 670 SF APPROVE A.R.C. Committe. Solva Linkside Unit 1 Homeowners Associati011 /02o,o " 0 SETBACK 4 117t1 SETBACK 9uI8JI Doerr, Sonya From: Graham Shirley Sent: Thursday, August 31, 2006 10:35 AM To: Doerr, Sonya Subject: Sept 19th meeting FYI Sonya, Mr. Robbins will be out of town (1435 Linkside Dr) , but his partner, Chris Opladen will attend the meeting on his behalf. 1