2215 Alicia Lane ZVAR-2011-02 Packet Ila
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Community Development Board
ORDER
APPLICANT: Gary and Denise Lewis
225 W 107th Street
Carmel, Indiana 45032
FILE NUMBER: ZVAR - 2011 -02 (Lewis, 2215 Alicia Lane)
DATE OF PUBLIC HEARING: April 19, 2011
ORDER GRANTING VA' IANCE
The above referenced applicant requested a variance from Section 24- 151(b)(1)xiv to allow an existing
outdoor shower enclosure to be replaced at a distance of less than three (3) feet from the side property line
on an oceanfront lot located in the RG -M zoning district at 2215 Alicia Lane within the Tiffany -by- the -Sea
subdivision.
On April 19, 2011, a public hearing was held and said request was considered by the City of Atlantic Beach
Community Developtnent Board. Having considered the application, supporting documents and comments by
the applicant, the Community Development Board unanimously approved the request, finding it consistent
with Section 24- 64(d)(4) of the Land Development Regulations establishing grounds for approval of a
variance due to the onerous effect of regulations enacted after platting or after development of the property
or after construction of improvements upon the property, and hereby GRANTS this request to allow an
existing outdoor shower enclosure to be replaced at a distance of less than three (3) feet from the side
property line at 2215 Alicia Lane, within the Tiffany -by- the -Sea subdivision.
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 appears in the record of the Community Development Board
minutes.
DATED THIS 20T DAY OF APRIL, 2011.
, 1
Erika Hall. Principal Planner
April 5, 2011 / Zg 092,1
Gary Lewis APR 2215 Alicia Ln 0 8 2�>>
Atlantic Beach, FL 32233 eY �j ,
(317)989 -5000
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, FL 32233 -5445
(904)247 -5800
RE: Application for a Variance — Letter of Authorization
Dear City of Atlantic Beach,
Please accept this as my letter of authorization for either of the following parties to
represent us, Gary and Denise Lewis, for all purposes related to our application for a
variance:
1. Lenny Boot
BO -OT Construction
2341 Windchime Dr
Jacksonville, FL 32224
bootcnstr @aol.com
904- 220 -6082
2. Frank Rosenbloom
3820 La Vista Cir
Jacksonville, FL 32217
for @jfr.com
904 -636 -0806
Please send correspondence or information regarding the variance to my mailing address
of: 335 W. 107
Carmel, IN 46032.
Should there be any questions or concerns, you may reach me at (317)989 -5000 or via
email leew• Igary @gm • .com.
Th./ .
r
Gary Lewis
41 .-Sl CITY OF ATLANTIC BEACH
x Y
;.. P.� �, 0 800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
" - INSPECTION PHONE LINE 247 -5826
Application Number 11- 00100039 Date 4/07/11
Property Address 2215 ALICIA LN
Application type description ZONING VARIANCE
Property Zoning TO BE UPDATED
Application valuation . . . 0
Application desc
variance for 3' set back for shower
Owner Contractor
LEWIS DENISE KLETT LIVING TRST OWNER
335 W 107TH STREET
CARMEL IN 460329587
Permit ZONING VARIANCE
Additional desc . SET BACK VARIANCE FOR SHOWER
Permit Fee 150.00 Plan Check Fee . . .00
Issue Date . . . . Valuation . . . . 0
Expiration Date . . 4/07/11
Special Notes and Comments
APPROVED TO PROCESS CHECK ONLY
Fee summary Charged Paid Credited Due
Permit Fee Total 150.00 150.00 .00 .00
Plan Check Total .00 .00 .00 .00
Grand Total 150.00 150.00 .00 .00
PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA
BUILDING CODES.
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1111 1 042011
By
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
IP •,TD/l��L
Date ` '7
File No. Z la
1. Applicant's Name G-414(.1 t C• Lc/ t S _
2. Applicant's Address a1 Lt G 1 d2 h C 8 f C '
3. Property Location ' ' i
4. Property Appraiser's Real Estate Number
5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation
7. Provision from which Variance is requested /o b., N Siiewe 6 tl2125. du / i G-►
3 94 f L1 i
8. Size of Parcel
9. Hom er's Association or Architectural Review Committee approval required for the proposed construction.
Yes ENo (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 authorizatjon fro he a,irnei_. jsifor
applicant to represen e owner for all purposes related to this appli cation must be provided.
b. uurveT sand legal description of proper ftirWmich Variances 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 anv such 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 nam ): L e ve n y /3O�
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE
REGARDING THIS APPL ATION
Name: 1 e, h in '( ( w07
Mailing Address: "t 3 T ( t.�, H „I., , aJ f' ) - - 4...,c / C 32 2 2 c/
Phone: 70 - 30 7 ( FAX: ,)l) I -1 X 1 2 if E - mail: 10DerGHS�K € ,
q jS1
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 6:00 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.
(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.
(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. Please be advised that the Community Development Board can
grant a Variance only when at least one of the following conditions are present.
(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.
(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 fording 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:
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