Loading...
316 6th Street UBE-2002-05 (Burke)Doerr, Sonya From: Shawn Burke Sent: Tuesday, August 20, 2002 1:19 PM To: Doerr, Sonya Cc: Burke, Andrea L. Subject: Use by Exception Sonya: As we discussed, Andrea and I would like to withdraw our petition for a use by exception. Thank you. Sincerely, Shawn M. Burke Senior Product Manager KLS Martin LP sburkeCc�klsmartin.com 1- 800 - 625 -1557 x.144 8/20/2002 Page 1 of 1 5. New Business. 7. Adjournment. AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH August 20, 2002 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to Order. 2. Approval of Minutes of the meeting of July 09, 2002. 3. Recognition of Visitors. 4. Old Business. a. ZVAR- 2002 -10, Matregrano. Request for a Variance to allow an eight (8) foot high fence to be constructed along rear and side property lines on a lot within the RG -2 Zoning District and located at 417 Aquatic Drive. a. UBE- 2002 -05, Burke. Request for a Use -by- Exception to allow a Home Occupation involving kite- surfing lessons, videography and storage of related equipment, on a lot in the RS -2 Zoning District and located at 316 Sixth Street. b. ZVAR- 2002 -11, Lancaster. Request for a Variance from Section 24 -104 (e) (2) to reduce a twenty (20) foot rear yard to six (6) feet on an unusually configured comer lot within the RS -1 Zoning District and located at 330 17th Street. c. ZVAR- 2002 -12, Fogg. Request for a Variance from Section 24 -105 (e) (1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to allow construction of a front porch overhang on a lot within the RS -2 Zoning District and located at 366 Plaza Street. d. ZVAR- 2002 -13, Pennington. Request for a Variance from Section 24 -105 (e) to reduce a twenty (20) foot rear yard and a five (5) foot side yard and also the fifteen (15) foot street side setback on a corner lot within the RS -2 Zoning District and located at the southwest corner of Magnolia and David (Park) Street. (Lot 639, Section 1, Saltair Subdivision. Parcel is not yet addressed.) 6. Other reports or business not requiring action. a. Briefing from Community Development Director regarding Chapter 163 requirement for School Board representative to be appointed to Local Planning Agency and to hear requests that involve an increase in residential densities. All information related to these applications and full legal descriptions for the subject properties are available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida. 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. ATLANTIC BEACH ZONING BOARD CITY HALL 800 SEMIMOLE ROAD ATLANTIC BEACH, FL 32233 RE: UBE 2002 -05 15 AUGUST 2002 IN REGARDS TO A ZONING EXCEPTION FOR A HOME BASED BUSINNESS AT 316 6TH STREET, ATLANTIC BEACH. I AM OPPOSED TO GRANTING THIS EXCEPTION FOR THE FOLLOWING REASONS: 1. ALLOWING CLJI;NTS OF THE PROPROSED BUSINESS TO CREATE TRAFFIC IN A RESIDENTAL NEIGHBORHOOD. 2. THERE IS NOT SUFFIC I I iNT PARKING NOW FOR HOMEOWNERS AND THEIR GUESTS NOW. MUCH LESS THE PARKING PROBLEMS IF THIS WERE ALLOWED. 3. THE HOMEOWNER IS IN VILOATION OF A PREVIOUS ZONING APPLICATION AND HAS TO THIS DATE REFUSED TO ADDRESS THIS VIOLATION. 4. THERE IS INADAQUATE ROOM ON THE SUBJECT PROPERTY FOR ADDITIONAL STORAGE FOR THE HOME BASED BUSINESS. SINCERELY RICHARD W BELL SR 322 6 STREET ATLANTIC BEACH, FL 32233 To: From: Date: Subject: Applicant: Requested Change: Location: Existing Zoning: Future Land Use: Surrounding Zoning: COMMUNITY DEVELOPMENT STAFF REPORT August 20, 2002 Public Hearing Use -by- Exception, UBE- 2002 -05 Community Development Board Planning, Zoning and Community Development Department City of Atlantic Beach August 14, 2002 UBE- 2002 -05 Shawn and Andrea Burke 316 Sixth Street Atlantic Beach, Florida 32233 Request for a Use -by- Exception, pursuant to Sections 24 -63 and 24 -159, within the RS -2 Zoning District to allow a Home Occupation on a single - family residential lot involving kite- surfing lessons, videography and storage of associated equipment such as kites, kite - boards, lines, harnesses, cameras and video tapes. 316 Sixth Street Residential, Single - family (RS -2) Residential, Low Density (RL) Residential, Single - family (RS -2) Surrounding Land Use: Single - family Residential AGENDA ITEM 5.a f/( COPY STAFF COMMENTS AND RECOMIVVIENDATION This Use -by- Exception is requested to allow a Home Occupation on a single - family residential lot involving kite - surfing lessons, videography and storage of associated equipment such as kites, kiteboards, lines, harnesses, cameras and video tapes. The application also indicates that construction of an Accessory Structure is proposed, although no site plan depicting the exact location of this structure has been provided. The applicant has indicated that this structure is to be located as highlighted on the attached survey. An addition to the existing non - conforming structure on this lot has been constructed without permits, and a Variance to allow this structure to remain was denied by the Community Development Board on April 25, 2002. The un- permitted construction is now under review by Code Enforcement, and the Applicant has been given until September 09, 2002 to demolish the addition to the storage shed. Further, the Applicant has been advised that the Use -by- Exception process cannot be used as a process to reverse or reconsider the previous Variance denial. (See attached correspondence.) With regard to the requested Home Occupation, it is Staff's opinion that the proposed business exceeds the intent of Section 24 -159, which states: Certain Home Occupations may be approved through the Use -by- Exception procedure in order to address the desire of people to conduct limited small -scale home occupations within a personal residence. A Home Occupation shall not change the residential character or exterior appearance of a property, shall not increase traffic in residential neighborhoods and shall not create any adverse impacts to the surrounding residential neighborhood. It is Staff's opinion that Home Occupations should be limited to those activities that are primarily office -type professions, and certain low - intensity service providers. Further, Section 24 -159 (3) requires that: All business activities conducted on the licensed premises shall be conducted entirely within the Dwelling. There shall be no outside storage or outside Use of equipment or materials. Staff cannot find that the request complies with this provision and cannot support approval of the requested Use -by- Exception. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Use -by- Exception to allow a Home Occupation in the RS -2 Zoning District involving kite- surfing lessons, videography and storage of associated equipment such as kites, kite - boards, lines, harnesses, cameras and video tapes, on property located at 316 Sixth Street, provided: (Provide findings of fact similar to the following.) 1. Approval of this Use -by- Exception is not in compliance with all requirements of Section 24- 63, Zoning and Subdivision Regulations for the City of Atlantic Beach, in that the proposed business is not a small -scale home occupation conducted within a personal residence. 2 2. Approval of this Use -by- Exception is not in compliance with Section 24 -159 (3), which requires all business activities to be conducted entirely within the dwelling with no outside storage or outside use of equipment or materials. 3. The proposed business is not compatible with adjacent single - family residential properties and other properties within the surrounding area. 4. The proposed business is in conflict with the City's Comprehensive Plan and is not consistent with the Residential, Low Density Future Land Use designation of this property. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Use -by- Exception to allow a Home Occupation in the RS -2 Zoning District involving kite- surfing lessons, videography and storage of associated equipment such as kites, kite- boards, lines, harnesses, cameras and video tapes, and on property located at 316 Sixth Street, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. Approval of this Use -by- Exception is in compliance with all applicable requirements of Section 24 -63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach. 2. Approval of this Use -by- Exception is in compliance with all applicable requirements of Section 24 -159, which sets forth requirements for permissible Home Occupations. 3. The proposed business is compatible with adjacent properties and other properties within the surrounding area because 4. The proposed business use of this property is consistent with the City's Comprehensive Plan and is consistent with the Commercial General Future Land Use designation because F: \USERS\Planning\USE -BY- EXCEPTION FILES \UBE 2002 -05 (Burke) \CDB Staff Report.Doc 3 July 29, 2002 Andrea Burke and Shawn Burke 316 Sixth Street Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 -5445 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5805 SUNCOM: 852 -5800 http: / /ci.atlantic- beach.fl.us Re: August meeting of the City of Atlantic Beach Community Development Board Dear Mr. and Mrs. Burke: Your application for a Use -by- Exception is currently under review. I am unable to determine from the survey submitted with your application, where the Accessory Structure you propose to use for storage is located. Please use a highlighter - or in some manner - indicate on the enclosed survey, where this structure is located, and return this to me in the envelope provided. Your application will be considered by the Community Development Board at their meeting on Tuesday, Aussust 20, 2002 at 7:00 pm. The meeting will be held in the Commission Chambers located at City Hall. After the meeting of the Community Development Board, the application will then be scheduled for the next available meeting of the City Commission for final action. 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 me at 247 -5817 to confirm your plans to attend the meeting. (You may leave a voice mail message if you do not mach me.) Sincerely, _ Sonya oerr, AICP Planning Director Enclosures Date 8. Size of Parcel 1. Applicant's Name 2. Applicant's Address 3. Property Location 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 .0A ce (x '3i(0 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification 7. Requested Use-by-Exception 10. Statement of facts and special reasons for requested Use-by-Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desire. Please address each item, as appropriate to this request.) 11. Provide all of the following information: a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. 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. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies (5) e. Application Fee ($100.00) 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 na Signature(s): ADDRESS AND CONTACT INFOR1TION OfAERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: f& CV 6- Mailing Address: e: ),t71 - OW6 v Phone: 246 4 :. 7 14 FAX: File No. (./V Receipt Y\ i)(L (A.\- r C./ )--) on 1 0 City of Atlantic Beach _Winding and zonina ICATION FOR A USE-BY-EXcEPTION Block No. Lot No. 6. Comprehensive Plan Future Land Use designation 9. Utility Provider LIW (1/414 E-mail: (2 La.)er 3-11-4,4A ca 011— Description of Use -by- Exception: Home Occupation consisting of kitesurfing lessons and videography. Requires an accessory structure 8' x 12' for the storage of kites, kiteboards, lines, harnesses, cameras, tapes, etc. needed for the business. Structure is located adjacent to existing storage structure and on existing impervious surface. It is constructed out of the same materials and looks like the existing structure, so that there is "no external sign or evidence that the dwelling is being used for any purpose other than a residence" (Sec. 24 -159 b. 5.). Unit will be used on a daily basis to retrieve kitesurfing and videography equipment for use during lessons and editing. The location of the structure was selected to make the most reasonable use of the land and its existing buildings and landscaping, where it would provide for easy access, and not interfere with the videography editing process, the daily functions of the household, or neighboring lots. Reason for requesting the Use -by- Exception: Need approval of Home Occupation and construction of accessory structure.