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Item 8A AGENDA ITEM # 8A SEPTEMBER 27, 2010 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit to allow for a swimming pool with deck located at 370 Garden Lane SUBMITTED BY: Rick Carper, P.E., Public Works Director, — DATE: September 1, 2010 BACKGROUND: The property owner wishes to construct a swimming pool with impervious pool deck which would result in an overall impervious surface area (ISA) coverage on subject lot of 62 %. The lot in question is in the Selva Marina Gardens subdivision immediately adjacent to a 50 foot wide platted drainage easement in the Selva Norte Unit Two subdivision, so it has a large drainage ditch located along its western boundary. Applicant is requesting to add 879 SF of impervious surface to a lot already at 48% ISA. She is requesting to cover the entire backyard of her lot with the pool (536 SF, not considered impervious surface) and paver deck (879 SF). Under the changes to the Land Development Regulations in March of this year, the maximum waiver that can be approved by Staff for this size lot would be 157 SF (6268 x 0.5 x 0.05). The City holds a drainage easement over the ditch area adjacent to her property and maintains the easement only to the extent necessary to maintain flow capacity in the ditch. Section 24-46 (d) permits the Commission to authorize limited Waivers, on a case -by- case basis, from specific provisions of the Land Development Regulations when it is demonstrated that compliance with such provision would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from the Land Development Regulations may be approved by the City Commission upon showing of good cause, and upon evidence that an alternative to a specific provision(s) shall be provided, which conforms to the general intent and spirit of the Land Development Regulations. In considering any request for such a Waiver, the Commission may require conditions as appropriate to ensure that the intent of the Land Development Regulations is enforced. The intent of the 50% ISA limit is to address stormwater and drainage impacts that may result from over development of lots, particularly in areas of the City that do not have a master stormwater system that has been permitted by the City and /or the St. Johns River Water Management District. The Beachside subdivision does have an internal master stormwater system that was permitted by the SJRWMD, and this system continues to function as designed and constructed. Staff does not feel that approval of the requested waiver will negatively impact stormwater standards, but that the application does not justify a waiver based on site constraints or pre- existing conditions because the applicant has several options available to reduce the impervious surface area of either the pool deck or the existing site coverage. RECOMMENDATION: Denial of the waiver to the 50% ISA limit for swimming pool decking at 370 Garden Lane, because of other alternatives to reduce impervious area available to the homeowner. She also has the option of installing a bulkhead at her property line with the drainage easement. If the waiver is approved, Staff anticipates similar future requests, but recommends that any such request should be considered individually. ATTACHMENTS: 1) Application for Land Development Regulations Waiver 2) Land Development Regulations Excerpts (Sect. 24 -66(g) and 24 -191). 3) Plat Excerpt showing lot location with respect to drainage easement BUDGET: No budget issues. REVIEWED BY CITY MANAGER_ '.,Z.„ AGENDA ITEM # 8A SEPTEMBER 27, 2010 APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER Commis to authorize limited Waivers, on a City Section 24 -46(d) permits the Ci OP case -by -case basis, from a specific provision(s) of these Land Development Reg -a .s� ulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. City of Atlantic Beach A Waiver from these Land Development Regulations may be approved only upon 800 Seminole Road showing of good cause, and upon evidence that an alternative to a specific pro- Atlantic Beach, FL 32233 vision(s) of this Chapter shall be provided, which conforms to the general intent (P) 904.247.58 (F) 904.247.5845 45 and spirit of these Land Development Regulations. In considering any request www.coab.us for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any require- DATE ment or term customarily considered as a Variance or any requirement or term FILE # prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set forth with the City Code of Ordinances. RECEIPT L t 1 \ be_ o Lu +ovow 9-g -Ike-614 q-rs 1. APPLICANTS NAME ° n C, Ira rx{ ( A 2. APPLICANT'S ADDRESS 3 0 6 a at - ` n �. 3. PROPERTY LOCATION 5Qf;_ C ) T a- 9 ..- 29 - L 4. PROPERTY APPRAISER'S REAL ESTATE NUMBER / 7 20 20 -- 5. CURRENT ZONING CLASSIFICATION 6. FUTURE LAND USE DESIGNATION 7. LDR provision(s) from which waiver is sought: c M 12Q {V (O v5 f O (cT.t_C ret 1 "1r"e. l'11C°_Vif !"�� S 7 6 8. SIZE OF PARCEL: I PARCEL FRONTAGE 5(0 / PARCEL DEPTH t OS 1 PARCEL AREA Co 2- 9. UTILITY PROVIDER 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24 -46(d) of the Zoning and Subdivision and Land Development Regulations, and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. Please use second page if additional space is necessary. .SC crt cLk C(cxctzw C yijc4.. f d page 1 of 2 Version 2.21.2007 AGENDA ITEM # 8A SEPTEMBER 27, 2010 APPLICATION FOR WAIVER FROM A PROVISION OF THE LAND DEVELOPMENT REGULATIONS. 11. Provide the following information. Applications will not be considered complete and will not processed until all items have been received: a����i �" , {•' a. Proof of ownership (deed or certificate by lawyer or abstract company or title company 't11 that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for the applicant to represent the owner for all purposes City of Atlantic Beach related to this application must be provided. 800 Seminole Road b. Survey and legal description of property. Atlantic Beach, FL 32233 c. Required number of copies (2). (P) 904.247.5826 d. Application Fee ($150.00). (F) 904.247.5845 www.coab.us I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION I5 CORRECT. Signature of owner(s) or authorized person if owner's letter of authorization is attached: PRINTED OR TYPED NAME(S) ��-fi �� L Ci n d ?j„.ta___7(,965 SIGNATURE(S)i CONTACT INFORMATION OF PERSON TO R RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME TCGk e S 1 , ' (i r ADDRESS 5 70 E a d e r1 Lo n PHONE 2'7 7- g FAX CELL E -MAIL \f a / a I�YI diu c O rh � � ADDITIONAL SPACE FOR QUESTION 10: page 2 of 2 Version 2.21.2007 AGENDA ITEM # 8A SEPTEMBER 27, 2010 370 Garden Lane Atlantic Beach, FL 32233 August 26, 2010 City Commission City of Atlantic Beach Atlantic Beach, FL 32233 Dear Commissioners: I understand that the City Commissioners can authorize limited waivers, on a case -by- case basis, from a specific provision(s) of the City's land development regulations. I respectfully request a limited waiver to the 50% pervious surface requirement as I install an in- ground pool, decking and landscaping in my small backyard. I live in the zero -lot line development on Garden Lane on a 56' x 106' lot. My backyard is small (1415 square feet) and the planned pool will occupy as much of the backyard as is permitted. My lot already has an impervious coverage ratio of 48 -49 %. I am requesting that I be allowed to expand that coverage ratio to 62 -65% in order to adequately surround the pool with decking for use and safety. The City's existing impervious surface limitation coupled with the dilemma of living on an open, unsupported city drainage ditch imposes an unreasonable limitation on the use of my property. On the following pages, I have listed the reasons for my request for a waiver, along with supporting photographs and facts related to each of the four conditions required for waiver approval by the Commission. I will be out of town September 8- September 15. Please do not schedule my hearing on those dates as I would like to be present when you consider my request. I appreciate your consideration in this matter. Sincerely, - c_e--)j- G Frances FL Grandy Attachments AGENDA ITEM # 8A SEPTEMBER 27, 2010 I .. .„., ...., .„,_ . „...„ -"`•° .90 • \ • ,,, • .....7,•,- 44/ iy 0( - ------ ----- /-,-.< , (Av. z 3 ) . ------ ?W ( 77 ) 5 • 5 , 7, • \ ( 2 /..v 0 ' • II / 's 1 .. . .)..:. 'kJ ° 1 /...:,: :'...':.:;••:1 (--- ,7: j - \ ..„ . ..z- „ •• ..... . _,...5. 2C-, ' 1 /'• ''...•<, • 7/ ' ' N ■ " 'P , ,i, . .i .? ' - 1, , , ( \, •., cl , ..1) % • • • • • •-• , •••• • •., - ./ -. ..\ / ,.:..\\ 'Cti -.1 ,,—........sonomml...._ I .•• , • 1 -• i ./6..4 ' 4' " - I ,-;-; 1 r,,,\ 6 4 -.. 8‘.,i4i "O■V' p,.. 11,,, i k ' li kl ow \ f 78/45 \ 1 ke 6 _.: 52/..ver z./.. 710. a-174- \,.., \•,- '. . ,, 1 il., li . ' ••• .'... • ': „ J 0 ,6 3, g; I N 0 X I tx ,,....,-.1 • • ' ' • '' 1- 0 r 6' 4 ` 1 ZI q, • .... V. , 9.5' 1 ) 0 • , d 4 41 Nk N ..: •• , ‘ ..• . Q 4 13 3 •• :4 v , Ar.d 4'-7 9 / /1172 1 0 k• •..14 4 V ciN j 0 • I ., • A5I7/e. • a . /9472 To tdis s , p... 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I iEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY TIC FLORIDA BOARD OF LAND SURVEYORS, PURSUANT I TO SECTION 1 FLORIDA STATUTES. H. A. BURDEN & ASSOCIATES ,,,c . -_ SURVEYORS .A.// 11\ POST OFFICE BOX 60670 SIGNED 1--/. -4 1103 SCUT" - r S.7 .atR0 s JACKSONVILLE BEACH, FLA. 32250 560■675550 IlvaINIvom 140.147,1 FLA. /7' Jfi.reL,-/ 6 .r>4.-5.C'P g. e SCALE: THIS SURVEY NOT VALID UNLESS THIS PRINT IS BOSSED WITH THE SEAL OF THE ABOVE SIGNED. pa,i ez C 11.5G , 7.004,9 Focus area of request • AGENDA ITEM # 8A SEPTEMBER 27, 2010 Impervious Surface Calculations Total Lot Size 6268.00 6268.00 Total Roofed 2116.84 Current Hardscape Driveway 412.16 Front Walk Pavers 71.31 Side Walk Pavers 232.80 Patio Pavers 150.00 Total Current Hardscape 866.27 Existing Impervious Total 2116.84 + 866.27= 2983.11 2983.11 Existing Impervious Ratio 48% Area of Back Yard 1415 Est. Pool Size 536.00 Est. New Back Paving 1415 — 536 = 878.65 878.65 New Impervious Total 2983.11 + 878.65 3861.76 3861.76 New Impervious Ratio 62% • AGENDA ITEM # 8A SEPTEMBER 27, 2010 Request for Waiver — Pervious Surface Ratio -370 Garden Lane (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the applicant if the strict letter of the article is carried out. • The location of my lot has led to continuing erosion of my small, irregularly shaped back yard (1410 square feet) into the city ditch behind my house. . y ''` G „, r`” ip i say, t , " 4%)44*- 80,) St I s �y' # 7 + , ff ii. t x. y ; e .w y View to North: Slope of Yard , aW „C, ;� 6. Lc. i X tea , , -'� - -- .moo r� R.� ;� , A rt P ;orr `7- ;, t'o �-- •`_ `+..� i s n k. /4::2:7„,,,A,.....- p-DO O• / , , oa d ' . 6 I `S! > � / C � ' f/./• °Q2 .Q / "y0":" " "' Affected area from survey Y „., - -- . View to South: Ditch Slope 4 ,6 M- .,., w "' d� . -- . a;, , :,a. iv, AGENDA ITEM # 8A SEPTEMBER 27, 2010 • The planned pool will occupy most of the backyard. However, to ensure full and safe use of the limited area around the pool as well as to prevent further erosion, I need to place pavers which will cause me to exceed the 50% impervious surface limitation by approximately 12 -15 %. IZat 1,` ) 1/ rft 7c411INNOH rh. rFnm.....ar�s.ar�srn 4 v iZZ J - -- r Preliminary Drawings: Minor revisions may be made before or after submission to City AGENDA ITEM # 8A SEPTEMBER 27, 2010 (2) The granting of the waiver will not be injurious to the other adjacent property. • Any excessive rain water runs off my property into the ditch —not onto adjacent properties. Stone pavers will prevent this runoff from carrying soil from my yard into the ditch and will not affect my neighbors. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the applicant. • The irregular, small shape of my property and the fact that it backs up to a city ditch which does not have retention walls presents an ongoing erosion problem. Every lost inch is critical. Appropriate use of pavers surrounding the pool will stabilize the soil and allow me full, safe use of my property. 6 " pEC \ N'ce•O i • �. 3/; i4. ? B ' J jo gY'"� - a ' rveeo_+? ` •eel � � �'.tl✓s;�' 4 v✓; (4) The waiver is consistent with the intent and purpose of this chapter, the comprehensive plan and the requirements of this article. If the city commission approves a waiver, the city commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this article. • My request for a waiver will not lead to an increase in uncontrolled water flow. • Construction of a pool will retain rainwater. • The small percentage increase (12 -15 %) over the 50% impervious surface ratio constraint will allow safe, adequate pool decking and will not change the flow of rainwater from my small backyard into the ditch. Recording Requested By: AGENDA ITEM # 8A Wells Fargo Bank, N.A. SEPTEMBER 27, 2010 Prepared & Submitted By: Ronald E Meharg, PH #. 888 - 362 -9638 DOCX LLC 1111 Alderman Drive Suite #350 Alpharetta, GA 30005 When Recorded Return To: DOCX 1111 Alderman Drive Suite 350 Alpharetta, GA 30005 I WELLS 1 708 1 0191070432 1 Doc _1..-,.0,,_):-1,3:23o - 3K ' =1909 °aye C Nwmoet oageti MIN #: 100017952130904502 Rey. , cett :36 0' at 39 . ;v A MERS Telephone #: 888/679 -6377 A ' PULLE R CLERK - R0. COURT t bA, CRef #:06/27 /2009 - PRef #:R089 -POF 3:'C +r;,11 b f 0 3 Date:05 /28 /2009 -Print Batch ID:82552 Property Address: 370 GARDEN LANE ATLANTIC BEACH, FL 32233 FLmrsd -eR2.0 04/02/2009 2009(c) by DOCX LLC This S.ace for Recorder's Use Onl lll 1111111 MI 1111 ll 1 I M 11 1111111 Illl 11 1 I III MORTGAGE RELEASE, SATISFACTION, AND DISCHARGE IN CONSIDERATION of the payment and full satisfaction of all indebtedness secured by that certain Mortgage described below, the undersigned, Mortgage Electronic Registration Systems, Inc., whose address is P.O. Box 2026, Flint, MI 48501 -2026, being the present legal owner of said indebtedness and thereby entitled and authorized to receive said payment, does hereby release, satisfy, and discharge said Mortgage in full and does hereby consent that the same be canceled and discharged of record. Original Borrower(s): FRANCES H GRANDY, AN UNMARRIED WOMAN Original Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PFG LOANS, INC. A DBA OF PROVIDENT FUNDING GROUP, INC. Date of Mortgage: 10/13/2003 Loan Amount: $94,500.00 Recording Date: 10/21/2003 Book: 11430 Page: 578 - 591 Document #: 2003346832 and recorded in the official records of the County of Duval, State of Florida affecting Real Property and more particularly described on said Mortgage referred to herein. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed on this date of 96)4/2009. Mortgage Electron Registr. ion Systems, Inc. / it Witness: Linda Thoresen Kore 1 Harp Vice President State of GA County of Fulton On this date of 06/04/2009, before me the undersigned authority, personally appeared Korell Harp, personally known to me to be the person whose name is subscribed as the Vice President of Mortgage Electronic Registration Systems, Inc., a corporation, on the within instrument, who, being duly affirmed, acknowledged to me that he /she, being authorized to do so, in the capacity therein stated, executed the within instrument for and on behalf of the corporation, as its free and voluntary act and deed, for the consideration, uses and purposes therein contained. Witness my hand and official seal on the date hereinabove set forth. 4 116 - Notary Public: Dianne Miskell My Commission Expires: 04/09/2013 VM TrJJV Alpharetta, GA 30005 AGENDA ITEM # 8A When Recorded Return To: SEPTEMBER 27, 2010 DOCX 1111 Alderman Drive Suite 350 Alpharetta, GA 30005 WELLS 1 708 1 0191070432 1 age Number oases ! MIN #: 100017952130904502 Re taed _,30 a MERS Telephone #: 888/679 -6377 f � = CLERK - COUNTY CRef# :06/27 /2009- PRef#: R089 -POF P _ C O R D, r,1 $10 00 Date:05 /28 /2009 -Print Batch ID:82552 Property Address: 370 GARDEN LANE ATLANTIC BEACH, FL 32233 FLmrsd -eR2.0 04/02/2009 2009(c) by DOCX LLC This S .ace for Recorder's Use Onl 11111111111111111111(11 III 11111111 III 1111! 111111 111111!1 111 IIll MORTGAGE RELEASE, SATISFACTION, AND DISCHARGE IN CONSIDERATION of the payment and full satisfaction of all indebtedness secured by that certain Mortgage described below, the undersigned, Mortgage Electronic Registration Systems, Inc., whose address is P.O. Box 2026, Flint, MI 48501 -2026, being the present legal owner of said indebtedness and thereby entitled and authorized to receive said payment, does hereby release, satisfy, and discharge said Mortgage in full and does hereby consent that the same be canceled and discharged of record. Original Borrower(s): FRANCES H GRANDY, AN UNMARRIED WOMAN Original Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PFG LOANS, INC. A DBA OF PROVIDENT FUNDING GROUP, INC. Date of Mortgage: 10/13/2003 Loan Amount: $94,500.00 Recording Date: 10/21/2003 Book: 11430 Page: 578 -591 Document #: 2003346832 and recorded in the official records of the County of Duval, State of Florida affecting Real Property and more particularly described on said Mortgage referred to herein. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed on this date of Q6104/2009. Mortgage Electro Y Registr, ion Systems, Inc. yl J. Witness: Linda Thoresen I Kore 1 Harp Vice President State of GA County of Fulton On this date of 06/04/2009, before me the undersigned authority, personally appeared Korell Harp, personally known to me to be the person whose name is subscribed as the Vice President of Mortgage Electronic Registration Systems, Inc., a corporation, on the within instrument, who, being duly affirmed, acknowledged to me that he /she, being authorized to do so, in the capacity therein stated, executed the within instrument for and on behalf of the corporation, as its free and voluntary act and deed, for the consideration, uses and purposes therein contained. Witness my hand and official seal on the date hereinabove set forth. Notary Public: Dianne Miskell My Commission Expires: 04/09/2013 P; e+ M ss , Dianne Miskell � 1FR Poe � ( '� NOTARY PUBLIC ••• <s Fulton County - State of Georgia My Commission Expires AGENDA ITEM # 8A SEPTEMBER 27, 2010 370 Garden Lane Attachment 2 Land Development Regulations Excerpt Approved March 8, 2010 24 -66 (g) Minor waivers to Impervious Surface Area limits (Approved March 8, 2010). The Director of Public Works shall have the authority to waive the Impervious Surface Area up to five (5) percent of the established limit upon demonstration by the property owner or Applicant that preceding stormwater standards shall be maintained and upon showing of good cause and need for the increased Impervious Surface Area which shall be based upon the inability to meet limits due to site constraints or pre- existing conditions. Any reduction shall be calculated based upon the total square footage of Lot Area and the square footage of the allowed Impervious Surface Area. For example, on a 7500 square foot lot, the allowed Impervious Surface Area is 3,750 square feet, and the maximum Impervious Surface Area permitted to be waived in accordance with this provision is 187.5 square feet. Sec. 24 -191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver, the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. V f_ ` LL�•.• ,ter. . 8 0' '` �1Y ..,, 441111 ' 448;87"1111( 2 i . . Stree 1. .c. ' t.4:. 4 9 3 ra �t °~ , 0pos. tl', .SSW a" � , 4 • t, ` 75,114 41 0 0 tardy . 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