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
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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
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City of Atlantic Beach
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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
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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.