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Item 8C AGENDA ITEM #SC MARCH 13, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Charles and Dianne Drysdale for a Waiver from Section 24-151 (b) ii of the Land Development Regulations (Accessory Uses and Structures ~"' regulations) to allow play equipment in the front yard within a residential Zoning District for property located at 2051 Seminole Road. ~"" SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: March 6, 2006 BACKGROUND: Section 24-151 (below) prohibits playground equipment from being permanently placed within the required front yard setback (the front 20-feet) on residential lots. Sec. 24-151. Accessory Uses and Structures. (b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be permitted only within Zoning Districts as set forth within this Division. (1) Within all residential Zoning Districts: i. Children's playhouse and/or juvenile play equipment, provided such shall not be permanently located within Required Front Yards. In the case of this property, there does not appear to be sufficient room within the rear or side yards where such play structures may be safely or reasonably placed without significant ~"' disruption of existing vegetation. This property is also set back far enough from the edge-of- pavement of Seminole Road, such that the effect of placing playground equipment within the front 20-feet of the lot would not be obtrusive or noticeably different as seen from road from ~'"' where it could be of placed if it were behind the 20-foot front yard setback. BUDGET: No budget issues. RECOMMENDATION: Motion to approve a Waiver from Section 24-151 (b) ii of the Land ~'" Development Regulations to allow play equipment in the required front yard within a residential Zoning District for property located at 2051 Seminole Road, finding that the requested Waiver is consistent with Section 24-46(d), and the request also conforms to the '" intent and spirit of the Land Development Regulations. ATTACHMENTS: Application package for Waiver from Land Development Regulations. REVIEWED BY CITY MANAGER: ~~r ~""' March 13, 2006 regular meeting +~ ArcIMS Viewer AGENDA ITEM #8C MARCH 13, 2006 http://maps2.coj .net/WEBSITE/DuvalMapsPalMapFrame.htm 3/6/2006 ,~. ArcIMS Viewer AGENDA ITEM #8C MARCH 13, 2006 http://maps2.coj.net/WEBSITE/DuvalMapsPalMapFrame.htm 3/6/2006 `"~ ~ ~ AGENDA ITEM #8C MARCH 13, 2006 ~.. Charles and Dianne Drysdale 2051 Seminole Road Atlantic Beach, FL 32233 «~ (904) 241-9200 February 6, 2006 City of Atlantic Beach Code Enforcement Division "'"' 800 Seminole Road Atlantic Beach, FL 32233 RE: Courtesy Notice of Violation for property 2051 Seminole Road To whom it may concern: We are writing this letter in response to a Courtesy Notice of Violation for our property received „~ on February 2, 2006. According to this notice, we are in violation of Ordinance 24-1: playground equipment in front yazd. We were unaware of this city zoning ordinance simply because we have witnessed recent construction of playground equipment and swimming pools in neighboring front ~„ yards. Halfway through construction of our playground equipment, we were instructed by an Atlantic Beach code enforcement officer to contact Don Ford (who was temporarily in charge of code enforcement) about this matter. My husband spoke directly with Don Ford (in mid ~,. December 2005) who informed us there was no need to apply for a variance since there were no complaints. We resumed construction only to be presented with this violation notification this week. Therefore, in order to avoid further problems or miscommunication, we aze formally requesting a waiver for the above noted zoning ordinance. This playground equipment is essential to the ~'" development of our middle child who has special needs including neurological and sensory integration dysfunction. It is highly recommended by his Occupational and Physical Therapists as an important daily therapeutic tool. We NEED to build this equipment in our front yard """ due to the fact that our backyard is only ~15 feet deep (and therefore not deep enough to safely have a swing set). We are unable to utilize the sides of our yazd for playground equipment because of the oak tree canopies and secondary dunes. It is environmentally important that we ~. protect these topographic conditions of the property. Constructing playground equipment in our front yard is NOT a safety issue for our children or the public. The front of our property is landscaped with thick bushes and plants that act as a living fence to keep our children safe and contained from the street. The swing set is set back greater than 20 feet from this living fence for added safety. Thank you very much for your time and assistance in our matter of receiving a waiver for the above noted city ordinance. Please contact me if you have any further questions. Sincerely, ~. r~.sz..~~~'E' ~~ Dianne Drysdale ~. ~'"' AGENDA ITEM #8C ' MARCH 13, 2006 ~~ Sc~.Gi~ ~ ~r~ (Jer :~ S 89'49'44" E 79.95' (MEASUREQ) FOUND 1 /2" IRON PIPE .n ~~ STAMPED "I,.~ 3672" Q ~~-~ ~+ FOUND 1 / ~„ ~ "~'- X __._ x----~ x --_ --- x ---- ~ S 1' AMP EC x' x ----~x -~.~ x (,~ x---x--x-x--..X /( - ~ 0.2 " v a ~ x STAIR ~ ~x C ~ o C ~ ~ ~ ~~ 4 - -~ .-- ~ 0 V ~! ~'~ V 9 ~ o° y 41.4' •. ~ ~ ~ c ~ N C 13. o' Q 0 1 W V ~. ~ ~ v ~ \../ 10.3' ~1 ~ v M 6 ~.' S~ ~ O Z ~ C ~~ ~ 23.9' v~ ~-- Q ~ CV Q 1.i.1 „~ ~ d D ~~w t- ~ F-' (- ~ CL /'~` a 0 ~ ~ ~ N ~ W // ~~ V! ~_ p ~ ~ Q Q ~ ~ W 0 ^ ~ U I `~ 0 9' . x ~,y. me! C ] ~ M W am W ~ L7 i x W ~ / ~ , ` v a° x -o.s N ~ 9.9 `n . O "v ci a ~ E ~ Q ~ m .9' ¢ 20.0' o s O ° ~ ~ ~' 7. o' '~ ~ 1 s.2' °A11 ~ p. .C i~ S •'" ~'•,' WOOD ARRIER v ~_ ~ .. - / `~ Z -~ ~ '' ~ \ .~ 10.5' x---_.-x ,_._. „„ L .. c~ ~ ~ / 'A tp ~ P~ ~' ~ '~ R~2 ~ ~ ,I 1 ' 0 t ~ !1 ~ l~ ~`'~3 x'--^~-X Y-_.~Y-~._X-~_X__x-_X-._x-__x.__X--.._}t--__ SET 1 /2" REBAR x---'x-__x--x- STAMPED "ACM LB 6702" C S2~•~A-'ZC~~ 1A/ C/1 l1n~ !- ~r ~ c~~ inrr~l 11.1' f OUNp 1 j"; NO IDEN '°" ~ AGENDA ITEM #RC MARCH 13, 2006 -S `j-'L'1'r \, r ~~~ J ~~ r .y r) ~r ~~JJtl~f' compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request 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 requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. APPLICATION FOR WAIVER FROM A PROVISION OF THE LAND DEVELOPMENT REGULATIONS City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233 Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us . ~ a~~~~ Date (~, ?.~SOIQ File No. Receipt C~d^~, ~) Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that 1. Applicant's Name 2. Applicant's Addres 3. Property Location 4. Property Appraiser's Real Estate Number ~ (p~ ~ ~ 3 -Q~a 5. Current Zoning Classification il~,~(,(Q, l 6. Comprehensive Plan Future Land Use designation 7. Requested provision(s) from which waiver is sought: S-Q.C~'i (JYl 2.~}- )~j j ~ ~.10~ 1 1 % ~~h~.1,~tiS ` 1J 1 ~ 8. Size of Parcel ,ti R S X a0 9. Utility Provider ~G~ ~ ~~.~a•~ 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 is additional space is needed. AGENDA ITEM #8C MARCH 13, 2006 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. c. Required number of copies (2) 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 typednname(s): ~(~1,~ ('N~n ~ p~IQ,~-~0 A JY,(~~ ~ „~ Signature(s): (~ti.~.~,~,~,-~~ t~ ~,~,~~.~1~r ~{~ (J ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Mailing Address: Phone: ~Z~ ~'~'17i(~ Fax: mail: ~ t ~.r(..~5~~(~ G~~^r~~; CG'~7~c.~n~-GQ. +~ ~®„ .. AGENDA ITEM #8C MARCH 13, 2006 Waiver Request for 2051 Seminole Road Property Addendum to Application of Waiver 10. Statement of facts and special reasons for the requested Waiver. 1. This playground equipment/ swing set is essential to the development of our middle child who has special needs including neurological and sensory integration dysfunction. It is highly recommended by his Occupational and Physical Therapists as an important daily therapeutic tool. 2. We NEED to build this equipment in our front yard due to the fact that our backyard is only ~15 deep (and therefore not deep enough for a safe swing radius). 3. We are unable to utilize the sides of our yard for playground equipment because of the oak tree canopies and secondary dunes. It is environmentally important that we protect these topographic conditions of the property. 4. Playground equipment in our front yard is safe for our children and the public. The front of our yard is landscaped with thick bushes and plants that act as a living fence to ~`" keep our children safe and contained from the street. The swing set is set back greater than 20 feet from this living fence for added safety.