Loading...
44 Dewees Avenue ZVAR-2004-06 (Martin)April 26, 2004 Sandra L. Martin 405 St. Johns Avenue Green Cove Springs, Florida 32043 Re: Order of Community Development Board approving Variance Dear Mrs. Martin: Enclosed herewith is an original signed order and a copy of the order from the Community Development Board approving your Variance request. Please maintain a copy of this order for their records, and submit a copy of this letter along with any future application for a Building permit. Feel free to call me at 247 -5826 if you have any questions. Sincerly, etwA.A_ Sonya B. Doerr, AICP Community Development Director Enclosures 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 F/( APPLICANT: FILE NUMBER: ZVAR- 2004 -06 DATE OF HEARING: April 20, 2004 ORDER of the Community Development Board for the City of Atlantic Beach, Florida Sandra L. Martin 405 St. Johns Avenue Green Cove Springs, Florida 32043 ORDER APPROVING VARIANCE City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -544 Phone: (904) 247 -5800 • FAX (904) 247 -5805 http : / /www /ci.atlantic- beacb.fl.us The above referenced Applicant requested a Variance from Section 24 -107 (e) (1) to reduce the front yard setback from 20 -feet to 10 -feet to allow for an enclosed stairwell and entryway to extend into the required front yard in conjunction with remodeling and an addition to an existing structure within the RG -2 Zoning District, located at 49 Dewees Avenue, described as Lot 10, Block 1, Ocean Grove subdivision, Unit 1. On April 20, 2004, said request was considered at public hearing by the Community Development Board for the City of Atlantic Beach. Having considered the application and supporting documents, and amendments offered by the Applicant, the Community Development Board found that the request complies with Section 24 -49 and Section 24 -64 the City of Atlantic Beach Zoning and Subdivision Regulations, finding as follows: • The lot is of irregular shape, warranting special consideration. NOW THEREFORE, based on the said finding, the Community Development Board hereby APPROVES this amended request for a Variance from Section 24 -107 (e) (1) to reduce the front yard setback from 20 -feet to 14 -feet to allow for an enclosed stairwell and entryway to extend into the required front yard in conjunction with remodeling and an addition to an Page two Order ZVAR- 2004 -06 April 21, 2004 existing structure within the RG-2 Zoning District, located at 49 Dewees Avenue, described as Lot 10, Block 1, Ocean Grove subdivision, Unit 1, subject to the following conditions: • Development within the Required Front Yard of this Lot shall not exceed the terms of this Variance and shall be as proposed on the Site Plan as submitted with this application for a Variance. DATED THIS 2 DAY OF ) , 2004. 1 Robert Frohwein, Chairman Community Development Board The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as the same appears in the record of the Community Development Board minutes. Community Development Director To: From: Date: Subject: Applicant: Requested Change: COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT April 20, 2004 Public Hearing ZVAR- 2004 -06, Sandra L. Martin Community Development Board fll Planning, Zoning and Community Development Department City of Atlantic Beach March 08, 2004 ZVAR- 2004 -06 Sandra L. Martin 405 St. Johns Avenue Green Cove Springs, Florida 32043 Request for a Variance from Section 24 -107 (e) (1) to reduce the front yard setback from 20 -feet to 10 -feet to allow for an enclosed stairwell and entryway to extend into the required front yard in conjunction with remodeling and an addition to an existing structure within the RG -2 Zoning District. Location: 44 Dewees Avenue Existing Zoning: RG -2 Future Land Use: Residential, Medium Density Surrounding Zoning: RS -2, RS -1, RG -2 and RG -3 Surrounding Land Use: Two - family, single - family and multi - family residential AGENDA ITEM 5.a STAFF COMMENTS The Applicant has requested a Variance to reduce the required 20 -foot front yard to 10 -feet to allow for an enclosed entryway to be constructed on the front side of the existing residence in conjunction with remodeling and a third floor addition to the existing residence. The existing property is an irregularly shaped Lot of Record (Lot 10, Block 1, Unit 1) within the Ocean Grove subdivision. In considering this request, the Community Development Board should consider the following provisions of Section 24 -64 (d), particularly whether the irregular shape of the lot results in conditions such that approval of this Variance is warranted. (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 qc). The Community Development Board may consider a motion to approve this reque for a Variance from Section 24 -107 (e) (1) to reduce the front yard setback from 20 -feet to 1 -feet to allow for an enclosed stairwell and entryway to extend into the required front yard in conjunction with remodeling and an addition to an existing structure within the RG -2 Zoning District and located at 44 Dewees Avenue, provided: ❑ 1. There are exceptional topographic conditions of or near the property. n 2. There are surrounding conditions or circumstances impacting the property disparately from nearby properties. n 3. There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. E 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. The lot is of irregular shape, warranting special consideration. 6. The lot is 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 from Section 24 -107 (e) (1) to reduce the front yard setback from 20 -feet to 10 -feet to allow for an enclosed stairwell and entryway to extend into the required front yard in conjunction with remodeling and an addition to an existing structure within the RG -2 Zoning District and located at 44 Dewees Avenue, provided: I 1. ❑ 5. There are no exceptional topographic conditions of or near the property. 2. There are no surrounding conditions or circumstances impacting the property disparately from nearby properties. 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. The lot is not of irregular shape of the property warranting special consideration. ❑ 6. The lot is not of substandard size warranting a Variance in order to provide for the reasonable Use of the property. H: \PLANNING \VARIANCE FILES\ZVAR- 2004 -06 (Martin) \Staff Report.Doc 3 March 29, 2004 Sandra L. Martin 405 St. Johns Avenue Green Cove Springs, Florida 32043 Re: April meeting of the City of Atlantic Beach Community Development Board Dear Ms. Martin: Please be advised that your application for a Variance will be considered by the Community Development Board at their meeting on Tuesday, April 20, 2004 at 7:00 pm. The meeting will be held in the Commission Chambers located at City Hall. An agenda will be mailed to you approximately one week prior to the meeting. 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 me at 247 -5817 to confirm your plans to attend the meeting. (You may leave a voice mail message if you do not reach me.) Sincerely, Sonya B. 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 AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, April 20, 2004 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 March 16, 2004 and minutes of the workshop of February 03, 2004. 3. Recognition of Visitors. 4. Old Business. a. ZVAR- 2004 -04, Fred Bender. Request for a Variance from Section 24 -105 (e) (2) to reduce the rear yard setback from 20 -feet to 9 -feet and also to reduce the 15 -foot street side setback on a corner lot to 5 -feet to allow for a second -story garage addition on an existing non - conforming structure within the RS -2 Zoning District, and located at 1098 Beach Avenue. 5. New Business. a. ZVAR- 2004 -06, Sandra L. Martin. Request for a Variance from Section 24 -107 (e) (1) to reduce the front yard setback from 20 -feet to 10 -feet to allow for an enclosed stairwell and entryway to extend into the required front yard in conjunction with remodeling and an addition to an existing structure within the RG -2 Zoning District, and located at 44 Dewees Avenue. 6. Business not requiring action. Discussion of options and possible amendments to Land Development Regulations intended to retain character of Old Atlantic Beach. 7. Adjournment. 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. Date #4Jt c1 25 20041 1. Applicant's Name 2. Applicant's Address 3. Property Location 4. Property Appraiser's Real Estate Number /( ( /5,50 -ova) - -. 5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation udd.ik ' rt 7. Provision from which Variance is requested Aficid i k'' /©,Q, /jltulo / b (IN /Ludt, aeon k tc -1- 5id f , 56-bat l e L ieA i . 8. Size of Parcel 9. Homeowner's A sociation or Architectural Review Committee approval required for the proposed construction. ❑Yes Z1No (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): &. ad le_A L.. r r /t(' Signature(s): 71711h1�� ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION 5aftdr.i- / -tii Name: Mailing Address: ¢ps Joh 45 f 4'66, 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 /ci.atlantic- beach.fl.us J7 tuf/ , v . ha Z `c i L` F � 5 x-,16 , 14-4N 6fd, . ?�... 32233 q1tii dire. Ri nr95, FL 32o43 File No. — a v/tg -wO`1 0(a E -mail: /77A-ftl"iAl qZ eomeetI. nrc/ Instructions to apply for a Variance Variance requests are considered and acted upon during public hearings before the Community Development Board at their regular monthly meetings, which are held the third Tuesday of each month, unless otherwise scheduled. Meetings are held at City Hall in the City Commission Chambers at 7:00 pm. The deadline for filing a Variance application, in order to be heard at the monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted to the Planning and Zoning Department located at City Hall. In order for a Variance application to be scheduled for public hearing, the application must be complete. All required information must be provided, and the required fee must be paid. (Variance fees are not refundable in the event that the Variance request is denied.) Once the required fee and a complete application are submitted, the request will be scheduled for the next available public hearing. An advertised notice of the hearing will be published in the newspaper, and an orange zoning sign will be placed upon the property to notify neighboring residents that a Variance request will be considered. Before filing an application for a Variance, it may be useful to read and understand the following definition and requirements from the City's Land Development Regulations related to Variances. A Variance may be approved by the Community Development Board only when consistent with these provisions. Section 24 -17. Definition of a Variance. 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 -64 of this Chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Sec. 24 -64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1) a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. ❑ (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. 1.1 (5) irregular shape of the property warranting special consideration. E. 544e., P cL, kvit1 644 4i L rtrl.(. eorn.min 4-n 6plails ❑ (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. (i) 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: I P (,, „_,)cL a 1/4 14a.t rd_. NA mi haw. , , i r nr,f, 1L, fAi si -irt9 arm- ,1.ofs nn+ Ira if- ° 411.f. Mk) ('L) _,) 1. RE" cL. ic CAI Q. 5•1 t1.kd[� ..te +0 r .c.h .f 2 -� ucl- 3 lop 6th pLt tn.1 t, 111 5-id uWa u. / tcL t o .,0 $ f :7'O- ` .rv) sx . 4 . afitci L{ leteol -4 t I'e_d t_l.L� `1- 6 . 1 LS °1/J ;1. L cc +ilk ` ilk E Z t.S1 .- /Aii r_ - rDoJZ i tva I a i u 1 ad L bf abseil , dnd, t par±' \Sc LUk. --& n.A. p1ar SS+4 iIt (1)-/ [1 L r°tt) c {nF.e h-OtLS J A6 fk�rK is a_ctes,s '1rtE Iffei 61"_ - r s. -Ccirz, nmtI. a dd:4 A.-i atn0 (. (5�o2 Leal lntpeocif) f tt f29 &&. i-t r 1,f d , i j . , .us, Lt-le kit i ela h of boa a, . LOT 10, BLOCK 1, OCEAN GROVE, UNIT NO. 1, AS RECORDED IN PLAT BOOK 15, PAGE 82 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA MAP SHOWING SURVEY OF: C A/ C O N U 16.1' A/C PAD 8.9' CORD STORY OVERNANO 112. WOOD 'D ECK J SCRUB OM I' CEDAR 1 9,6 CONCRETE 1?+ S N-19, +r a S4 16' P c,1E • CONCRE 30.1 TWO STORY CONCRETE BLOCK RESIDENCE NUMBER 44 F ISHEO FLOOR ELEVATION 12.8Q 30,1' 6" UVE OM tst) LOT 11, BLOCK 1 C8t V 16" PALM 12.1 0.2 % - 61 tsP DEWEES AVENUE 60' RIGHT —OF --WAY ■ 231.00' RAD FIELD) .0' ARC 0.2 t FOUND 3/4' IRON PIPE (NO CAP) NOTES: 1. THIS IS A BOUNDARY SURVEY. 2. ANGLES ARE AS PER FIELD SURVEY. 3. THE NORTH ARROW WAS PROTRACTED FROM THE PLAT. 4. THERE ARE NO BUILDING RESTRICTION LINES AS PER PLAT. 5. BENCHMARK USED IS A NAIL IN A WOOD POWER POLE ON DEWEES AVENUE BETWEEN RESIDENCE NUMBERS 88 AND :1613. ELEVATION m. 12.48 (NGVD29) THE PROPERTY SHOWN HEREON LIES IN FLOOD ZONE "X" (AREA OUTSIDE 500 YEAR FLOOD PLAIN) AS DETERMINED FROM THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 120075 0001 D, REVISED APRIL 17, 1989 FOR ATLANTIC BEACH, FLORIDA. o d- FOUND 3/4' IRON PIPE (NO CAP) • 12 tx FOUND 11 ( . ) 16' PALM PIPE. No � IRON LOT 9, BLOCK 1 DONN W. BOATWRIGHT, P.S.M. CE Nitfk° E .THIS • SURVEY WAS MADE FOR THE BENEFIT OF SANDRA MARTIN AND IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6 OF THE FLORIDA ADMINISTRATIVE CODE. rz7 4 „ i7 . N A '.�'s;t 0.4/egr:i 1 4 a VIWALAV • ail to 11111 ®M1■.0 ■I *imm .■iaIi.■ �� gl9 gi 3 * .v 1)14111A air 4 1VI() _LS 309 iil r° 'a red T °¢a ent Atlantic Beach TOMER RECEIPT * ** Op T OC r: 1 D 01 Receip no: Drawe 44247 11es Quantity Amount 6P 10 PERMITS 1•'f'f $150.00 Tr ance: 3/26/04 1973 $15@. 00 $150.00 8150. fi Time: 14:54:24