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Agenda Item 8CAGENDA ITEM # 8C AUGUST 12, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing for ZVAR -13- 00100058 SUBMITTED BY: Michael Griffin, CBO, CFM Building & Zoning Director Jeremy Hubsch Redevelopment and Zoning Coordinator DATE: July 22, 2013 STRATEGIC PLAN LINK: Goal Number 7, Mayport Corridor. This goal is to build, encourage, and support a vibrant commercial corridor and strong residential neighborhoods along Mayport Road and adjoining neighborhoods. BACKGROUND: Request for a zoning variance from Section 24 -161 (h) of the Land Development Regulations to allow a reduction in required parking from 19 spaces to 11 spaces. Section 24 -161 (h) states that 1 parking space is required for every 400 square feet of gross floor area. The applicant is proposing a building that is roughly 7,400 square feet, which by code requires 19 spaces. The applicant is seeking relief from the normal parking standards of Atlantic Beach due to operating a business that relies on 90% of its sales from the internet, and does not generate many in store visitors. It can be presumed that most of the parking on site will be used by staff of the proposed use. According to the website of the business (Moto Electric), there are currently seven employees. In the event that the proposed 11 spaces are not able to handle necessary parking, there is an opportunity for overflow parking at the First Baptist Church across the street. Staff recommends the applicants work out a shared parking agreement with the church, so as to avoid a potential conflict down the road if parking needs increase. The Community Development Board considered this request along with comments from staff, the applicant, and community residents in attendance at the June 18`" meeting, and the Board recommended approval by a vote of 4 -1, fording the request is consistent with Section 24 -64 (d) of the Land Development Regulations. BUDGET: None. RECOMMENDATION: Approval, recommended by the Community Development Board. ATTACHMENTS: Draft minutes of the June 18, 2013 Community Development Board meeting; copy of Community Development Board staff report; copy of ZVAR -13- 00100058 application. REVIEWED BY CITY MANAGER: AGENDA ITEM CASE NO CITY OF ATLANTIC BEACH COMMIINITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM # 8C AUGUST 12, 2013 ZVAR -13- 00100058 Request for variance from Section 24- 161(h), to allow a reduction in required parking from 19 spaces to 11 spaces. LOCATION 58 10TH STREET WEST APPLICANT TED JACKREL DATE JUNE 18, 2013 STAFF JEREMY l- IUBSCH, REDEVELOPMENT AND ZONING COORDINATOR STAFF COMMENTS The applicant is requesting a Zoning Variance to allow a reduction in required parking from 19 spaces to 11 spaces. The applicant is seeking to construct a new building that is roughly 7,500 square feet for an electric vehicle sales business. Section 24 -161 (h) of the Land Development Regulations states that 1 parking space will be required for every 400 square feet of gross floor area. The application states that 90% of sales come from online business. Staff has not verified those sales figures, but can confirm that their website is of a high quality and heavily geared towards online sales. The applicant also owns a 4,320 square foot building on 9t}' Street West, a block south of the proposed site The applicant states that he will he parking at this building, and that the parking at the 58 West 10th Street site will primarily be used for employees. The applicant may have an internet based business now, but there is a possibility that the proposed use could evolve into more of a retail business driven by customers who visit in person. There is also no guarantee that the applicant will continue to own the nearby building on 9'' Street. In fact, the building is currently listed for sale. As such, staff believes it would be prudent to have the applicant sign a shared parking agreement with First Baptist Church of Atlantic Beach in the event that overflow parking is needed. First Baptist Church is located adjacent to the proposed site on 10th Street, has ample parking, and has hours of operation that do not appear to coincide with the proposed business. Section 24 -161 (f ) (2) states, "Parking spaces for uses other than residential uses shall be provided on the same lot or not more than four hundred (400) feet away, provided that required off street parking shall in no case be separated from the use it serves by arterial streets or major collector streets, or other similar barriers to safe access between parking and the use. A shared parking agreement shall be required where offsite parking is used to meet parking requirements. In such cases, the uses sharing parking must demonstrate different peak hour parking needs." The First Baptist Church appears to meet all the necessary criteria for a shared parking agreement. Criteria for a Zoning Variance 1. Exceptional topographic conditions of or near the property. There appear to be none. AGENDA ITEM f1 iC AUGUST 12, 2013 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. There appear to be none, 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants operate a business that is largely driven by internet sales. Only an estimated 10% of all customers are from traditional in person visits. Therefore, they may not have the parking needs that typical businesses do. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The property is vacant. 5. irregular shape of the property warranting special consideration. The property is regularly shaped. 6. Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The lot is well above the minimum size of 5,000 square feet for Commercial General (CG). Subject Site and Surrounding Properties Figure 1. 58 10* Street West and surrounding properties (Google Maps) Page 2 of 5 AGENDA 1 "I'EM # 8C AUGUST 12, 2013 Figure 2. 5814`h Street West looking east Figure 3. 58 WI' Street West looking west Figure 4. First Baptist Church parking area Figure 5. First Baptist Church parking Page 3 of 5 A TEM # 8C AUGUST 12, 2013 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Zoning Variance (File No. ZVAR 13- 00100059) to allow for a reduction in required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: The proposed variance is consistent with the provisions of Section 24 -64 (d) of the land development regulations establishing ground for approval of a variance, as follows: (1) There are exceptional topographic variations affecting the subject property. (2) There are surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) There is an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) The subject property has an irregular shape. (6) The subject property is of substandard size. If the Community Development Board does agree to recommend approval, staff suggests that the following condition be placed on the approval: (1) A formal shared parking agreement with First Baptist Church be submitted to the city of Atlantic Beach. Page 4 of 5 DA ITEM # 8C AUGUST 12, 2013 SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Zoning Variance (File No. ZVAR 13- 00100059) to allow for a reduction in required parking spaces from 19 to 11 for property within the Commercial General (CG) Zoning District and located at 58 10th Street West provided: The proposed variance is inconsistent with the provisions of Section 24 -64 (d) of the land development regulations establishing ground for approval of a variance, as follows: (1) There are no exceptional topographic variations affecting the subject property. (2) There are no surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) There are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) There is not an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) The subject property does not have an irregular shape. (6) The subject property is of standard size. Page 5 of 5 ©5/22/2313 10:53 05/22/2013 10 :33 19042212705 JACKRELS TRANS PLS 9442472229 GATO TO UV AGENDA ITE1v1 I! 8C ALKILIST 12, 2013 PAGE 02/02 02 /IMPLICATION FOR A VARIANCE Ctrty o#' Atbotle Reach " A1IM Somiaolia Rood " Atirode Smelt, Flail& 32233 -5445 P4twt (9 4) 247 41*0 • FAX (900 247` - 11itR:lfwfr�rrCIF11 .M� > - - Ioo099 amMIW 4 , A4911..at't Nines 2. A nt'S /Idiom . Proptelr Longtime 4, 2- t'ilsztfL. Property ,A, ;'aRral Nome Number _11±2.77,26,,c0 f to /v). 7� /CI S. Calmat Zaalag Ciiimideadaa _. CoMProltondor rias Future Land Uee d&wdatt ... 7. Provldei rasa WWII Vtahuutx 4e moored 4. 8d' I` 9. liMaraveneet Asmeiribia or Aral Review Committee approve rN uiwN for Oot proposed eonttrucdun. Met Orin (11 yea, deb Bawd be dttbwitfed 'NW any oppiteatloa for a D.ildiod tn. Statement of llama and time reit►eea to regarded %Wo wa. +nfitk7A dead.rrNratat ate wfHtr S Senor 2441 of OP Zang* Iiiihdreides said 1.wid Developing ).t rdrrkt ewr, a oapy or 'wbi 1a .ttrchtti to flits application. 'IL Provide MCA lY■iwIig biltogoolioo: sr tide s NnY that Yam# • Trost at aide (Owl or E by lawyer or rd ufrect �erpaa mord mow as above). If die arpolleont it rot gm o nw v i loam ,f* atb abat on from tlro u.anrr(w) for 10101totif to rgraill l lire owner for wpm' rolorol is Mil appticatiOn must be provided. b. 5vviry nett Uri deaettptimi o!propertY ler which Va la le lessieI. c. Rgred want*, of colon: Four (4), d, Apologies Pot (#'.l0. ) 1 MIRY CERTIYY MAT ALL a TION PROVIDED WITH THIS APPLICATION IS Shutoff at owrer(t) or ttottiort idi peony Fi ewuerC'e turbOVIZOlow forts b *Chitchat 10- �� F1 (L €L Mated or typed Itii*r(r): Abolterld AND CONTACT *r GAXDU1C 2818 hiruct UOiv Now: ,111,014 MdNMI� Address: nom C`r `; ' 5 FAX: � 2 Mart 4.. TION OF PIERSON TO RECCE ALL CORRESPONDENCE 601,1 rl t 11._C 322- 17 .1JA vi i/Z.lt , vcv AGENDA ITEM if 8C AUGUST 12, 2013 Section 2447. 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. Sie, 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 Conummity 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, (e) Grounds for denial of a Variance. No Variance shall be granted if the Community Devcloprnent 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. AGENDA ITEM # 8C AUGUST 12, 2013 The following naratrranh sets forth reasons for which aVariance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided, (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for the following reasons. 0 (I) exceptional topographic conditions of or near the property. (e) 0 (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. L (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. AL -1140064 -( 114 L Xt- ot- i t~t'Ii LV(L�L 1~ T l �, zos r*LG Sr L t t—L— A — ' 1.4 �fE vt5l`rog DUB -C2 A ! ,. E tt& 7-1 l- C 1 t~ 2 1?trcor l�tL t-ctfl 7 (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. 0 (5) irregular shape of the property warranting special consideration. El (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. 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. [fan application for a Variance is denied by the Community Development Board, no further action on another application for substantially the saute 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 finding 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. AGENDA ITEM # 8C AUGUST 12, 2013 Additional comments: L r.:s Nt•Try c-Og:W-E-14 T Q U1 tit- I T OF C /) AC PC g- Eva ,st- or 131)/LP r i & (2( 'J tX -15 A51? t Th or VA K t r Tl- l3 t -4.Aki 5 T t f r t ric z.E tra nA1-.r -rcC ont r.5 Qaf-(1. /41-50 A. P,F.Tcat' 1l C 1 A417tJrI 7± + Ta x't6-rr4( our Wr, . ,4T -1-1-(E, AE ZCALP l C)g-- -774E +t/ i774(14 TAE. 13 U C-P I L& Ail c7 ! k'JI cr f—k, / k1 AtI F F-114 - -- -rti oLvkleg.. 1-0 , ern -[ A _(ON' LAr E- ... (g. 1E ct MY rte ) T 10/4G 0 CA--',fir Vtzt AN° C7FY1O J g- 63( -43V fTTE + r r 3c (Oki