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Nov 18 Agenda Packet CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / November 18, 2014 / 6:00 pm Commission Chambers / 800 Seminole Road 1. Call To Order and Roll Call. 2. Approval of Minutes. A. Draft minutes of the October 21, 2014 regular meeting of the Community Development Board. 3. Old Business. 4. New Business. A. ZVAR-14-00100047 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64 for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Avenue) B. ZVAR-14-00100042 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64, for a reduction in side yard setback from 10 feet as required by Section 24-17 “Lot, Corner” to 5 feet at Atlantic Beach Subdivision Block 13 Lot 47 (aka 398 11th Street) C. ZVAR-14-00100046 (PUBLIC HEARING) Request for a variance as permitted by Section 24-64 for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Subdivision Block 52, Lots 1 and 2 (aka 1303 Beach Ave). D. UBEX-14-00100045 (PUBLIC HEARING) Request for use-by-exception as permitted by Section 24-112(c)(6), to allow welding, metal fabrication and sheet metal works at 325 Mealy Drive. E. UBEX-14-00100045 (PUBLIC HEARING) Request for use-by-exception as permitted by Section24-111(c)(10), to allow the sale of used automobiles at 15 Simmons Street. 5. Reports A. Sign Code Update B. Tree Protection Code Revisions Discussion 6. Adjournment. All information related to the item(s) included in this agenda is available for review at the City of Atlantic Beach Planning and Zoning Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233, and may be obtained at this office or by calling (904) 247 -5800. Interested parties may attend the meetin g and mak e comment s regardin g agend a items , o r comment s may b e maile d t o the address above. Persons appealing decision made by the Community Development Board with respect t o any matte r considere d a t this meetin g may nee d t o ensur e that a verbati m recor d o f the proceedings, including the testimony and evidence upon which any appeal is based, is made. Notic e t o persons needing special accommodation s and t o all hearing impaire d persons : I n accordanc e with the American s wit h Disabilitie s Act , persons needin g special accommodations t o participat e in this proceedin g should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, or (904) 247- 5800, not less than five (5) days prior to the date of this meeting. MINUTES OF THE REGULAR MEETING OF THE COMMUNITY DEVELOPMENT BOARD October 21, 2014 1. CALL TO ORDER. – 6:01 pm Chair Brea Paul verified that all board members are present, with the exception of Kelly Elmore. The meeting was called to order at 6:01 pm. Also present was Building and Zoning Director, Jeremy Hubsch; Zoning Technician, Derek Reeves; Recording Secretary Jenny Walker, and representing the firm Kopelousos, Bradley & Garrison, P.A. was Mr. Rob Bradley. 2. ADOPTION OF MEETING MINUTES – August 19th, 2014. Brea Paul called for a motion to approve the minutes of the August 19, 2014 regular meeting. Sylvia Simmons made a motion to approve the minutes of the August 19, 2014 meeting with the amendment: Mr. Hansen made a motion to put Sec. 24-84 (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulevard. Mr. Elmore seconded it. This passed 7-0. This suggestion will now go before the City Commission. 3. OLD BUSINESS. None. 4. NEW BUSINESS. A. PLAT-14-00100036 Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances for Atlantic Beach Country Club Unit 2. Staff Report Jeremy Hubsch stated this is a request for approval of Unit 2 of Atlantic Beach Country Club. Over the summer Unit 1 was approved for the first 17 units. This is for the remaining 161 lots. They were approved for up to 180 lots so they will end up 2 under the maximum allowable approved lots. The Plat Map submitted to the city matches the approved Special Planned Area Master Development Plan Map and SPA Text. This does require the CDB recommendation for approval then will go to the City Commission. This is a formality. Kirk Hanson made the motion to recommend approval. Harley Parkes seconded. All approved. B. PLAT-14-00100039 Request for plat approval as required by Article 4, Chapter 24 of the Code of Ordinances at Selva Marina Unit 1 Part of Lots 28 and 29 (aka 1251 Selva Marina Circle). Staff Report Derek stated the applicant is requesting approval of a re-plat of their property, which is a 38,000 square foot parcel located at the end of the cul-de-sac, Selva Marina Circle and is part of Selva Marina Unit 1 in the RS-L zoning district. The applicant originally requested a variance so that they could be granted a relaxation of the strict, literal interpretation of Section 24-256(a) so that they could divide their property and create two buildable lots. The condition for approval is that the applicant demo the existing structure. The applicant did make a minor adjustment on the dividing line of the lot so that the street frontage would be more equal. One lot is 17K square feet and the other is 20K square feet. The board needs to recommend approval or denial to the City Commission. The applicant has asked for 120 days to receive their permitting and commence demolition of the structure. Public Comment Ashton Hudson of 319 12th Street spoke saying his wife and he purchased their home believing that the cul-de-sac would stay all big lots and not be allowed to split them up and change the character of the cul-de-sac. He believes it is a safety issue to have the two driveways so close together. He is against the lot split and asks the board to look at the lot before approving this plat. Board Discussion Board discussed and stated that they have already basically approved this when they voted to recommend the applicant move the building restriction line back to meet the code requirement. Motion Harley made the motion to recommend approval, with the condition of removing the entire structure within 120 days and Linda seconded. All approved. C. ZVAR-14-00010040 Request for a variance as permitted by Section 24-64 for a reduction in front yard setback from 20 feet as required by Section 24-106 (e)(1) to 10 feet at Atlantic Beach Subdivision Block 25, Lot 1 (aka 320 Beach Ave). Staff Report The applicant, Lindley Tolbert is the owner of 320 Beach Avenue. The property is a through lot between Beach Avenue and Ocean Boulevard, located on the north side of 3rd Street. The applicant has recently purchased the property and is planning to demolish the existing structures on site to make room for a new single family home. The applicant is requesting to build the new home 10 feet from the Ocean Boulevard property line. The need for the variance is because there is a 20’front yard setback and 20’ rear yard setback. The applicant has stated that they could work with a 15’ front yard setback. Derek discussed the grounds for approval and denial. Applicant Comment Lindley Tolbert, 465 Beach Avenue states that she is just trying to create a yard on this lot, and a little bit of privacy. She really doesn’t want to build a 3 story either. She thinks she could make this work with a 15’ setback on Ocean Blvd with a 20’ setback on Beach Ave, because there is no buffer on Beach Ave. Public Comment Rich Reichler of 2025 Beach Ave states that the width, depth and topography of the lot is standard for Old Atlantic Beach lots. The want for a larger courtyard does not constitute the approval for a variance. He feels that her relief from law change is a direct result of her own actions and that the board deny this variance. Vicki Reynolds, 328 Beach Ave, they are the north neighbors on the north side. She would be okay with a 15’ Ocean Blvd setback. Heath Aldridge, owner of several properties in Atlantic Beach, states she thinks the applicant should have to comply with both 20’setbacks and that the applicants grounds for approval do not comply with any of the reasons for approval. Board Discussion The board discussed all of the grounds for approval and denial. Patrick states the board needs to be consistent with their discussion. The attorney states the boards’ job is to look at the variance with the law as it is today. If one of the reasons for approval or denial of this variance is appropriate then you must base your grounds of decision on that. Kirk stated the first job of the board is to defend the code. Jeremy says there would be a 20’ setback either way. The only change is the garage can be facing Ocean Blvd. Board discussed reasons for approval and denial. Motion Linda makes a motion to deny ZVAR-00100040. Patrick seconded. Denied in favor of 4 to 2. D. ZVAR-14-00100041 Request for a variance as permitted by Section 24 -64 for an increase in allowable fence height from 4 feet to 6 feet within 10 feet of the property line one corner lots where the abutting right-of-way is 50 feet wide or less as required by Section 24-157(c)(1) at Atlantic Beach Subdivision Block 25 Lot 1 (aka 320 Beach Ave). Staff Report Derek states that the applicant, Lindley Tolbert is the owner of 320 Beach Avenue. The property is a through lot between Beach Avenue and Ocean Boulevard located on the north side of 3rd Street. The applicant has recently purchased the property and is planning to demolish the existing structures on site to make room for a new single family home. The Applicant is requesting to build a 6 foot fence on a portion of the 3rd Street property line. The applicant is willing to build a 5 foot fence instead of a 6 foot. A variance is needed for this design according to Section 24-157(c)(1) which states, “for corner lots located on rights-of-way that are fifty (50) feet or less in width, no fence, wall or landscaping exceeding four feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street.” The 3rd Street right-of-way is 40 feet wide. Applicant Comment Lindley Tolbert, 465 Beach Ave, states she is trying to create a courtyard. She could make it work with a 5ft fence on the property line on 3rd Street 40’ from Ocean Boulevard, 20’ from Beach Ave. Public Comment Vicki Reynolds, 328 Beach Ave. states that she thinks a 4’ fence and landscaping would work on this property. Mr. Jorgenson, 92 W. 3rd St, had a question regarding if the 3 mailboxes are legal. Board Discussion Sylvia states that we don’t want to end up with streets lined with 6ft fence after 6 ft fence. She believes that the board should deny this variance based on denial reasons #5 “The aesthetic environment of the community”, and #7 “The general health, welfare or beauty of the community”. Sylvia also says the applicant could use landscaping for more privacy. Harley agrees with Sylvia. Brea is against the 6ft fence. Motion Sylvia makes a motion to deny ZVAR-14-00100041, based on #5 “The aesthetic environment of the community” and #7 “The general health, welfare or beauty of the community”. Harley seconded motion. All in favor for denial, 6-0. Another Public Comment Mr. Jorgenson states that when talking about protecting the tree canopy the City needs to discuss the trees close to the power lines. Reports E. Beach Avenue and Ocean Boulevard Through Lots Code Staff Comments Jeremy states that the board wanted to revisit their suggestions for the City Commission to make changes to code Section 24-84. Jeremy gave a presentation and stated that this would change the code back to how it has been since the early 20th Century. Motion Mr. Hansen made a motion to suggest that the City Commission put Sec. 24-84 (c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the yard, which faces Ocean Boulev ard back into the code. Mr. Elmore seconded it. All in favor 6-0. Motion Kirk made a motion to adjourn, Sylvia seconded, all in favor 6-0. 5. Adjournment. Adjournment at 8:03. _______________________________________ Brea Paul, Chair _______________________________________ Attest CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4A CASE NO ZVAR-14-00100047 Request for a variance as permitted by Section 24-64 for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.). LOCATION 290 BEACH AVENUE APPLICANT ANDREW THOMAS PITLER DATE NOVEMBER 6, 2014 STAFF DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant, Andy Pitler is the owner of 290 Beach Avenue. The property is a platted 50 foot wide through lot between Beach Avenue and Ocean Boulevard, with a depth of about 130 feet. The property was until recently part of a larger property that was split to return the property back to its original two platted lots, which are under different ownership. There is a conforming 2 story garage apartment that faces Ocean Boulevard and a one story nonconforming house 8 feet from Beach Avenue. This is a structure that the Community Development Board heard a variance request for on July 15th, 2014 to reduce front yard setback from Beach Avenue so that a second floor could be added to the structure. This variance re quest was denied. The applicant would like to demolish both structures on the property and build a new one. The new structure would face Beach Avenue and be located 16 feet from the Beach Avenue property line. A garage with second floor living space connected to the house would be built with driveway access from Ocean Boulevard and be located 18 feet from the Ocean Boulevard property line. The property is located in the RS-2 zoning district and has 20 foot front yard setbacks according to Section 24-106(e)(1) of the Land Development Regulations. Since this property is also a through lot, the provisions of Section 24-84(a) apply, which states; “Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in Section 24-88.” Under the current code, the areas along both Beach Avenue and Ocean Boulevard are considered the front yard and a 20 foot setback is required. A variance is required for the applicant’s proposed plan so that the front yard setbacks can be reduced on each side. The applicant has requested a front yard reduction from 20 feet to 16 feet on the Beach Avenue side and front yard reduction from 20 feet to 18 feet on the Ocean Boulevard side. Page 2 of 4 Site Plan of 290 Beach Avenue and Surrounding Area There is a code change before the City Commission at the recommendation of the Community Development Board that affects this property, but it would not greatly affect this variance application. The code change if approved would designate Ocean Boulevard as the front yard and Beach Avenue as the rear yard. Rear yard setbacks in the RS-2 zoning district are identical to front yard setbacks at 20 feet. This would mean that the applicant would still be requesting for the same dimensional variances to setbacks except it would be from both front and rear yards and not just front yards. Page 3 of 4 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[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.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant has stated that the through lot property is one of only a few in the RS-1 zoning district and Old Atlantic Beach, which results in greater restrictions than other properties in the area. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant has stated that the property is a non-conforming lot due to its 50 foot width. This narrow width requires structures to be long and narrow resulting in the need to use more length than other properties. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant has stated that Section 24-106(e), which was created well after platting, requires 20 foot setbacks from the property line along Beach Avenue and the property line along Ocean Boulevard. This limits the use of the depth of 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. The applicant stated that the RS-2 zoning district requires a minimum lot size of 7500 square feet. This property has less than 6500 square feet. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100047, request for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. 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. Or, The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100047, request for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24 -64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. 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 (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, 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 situation created by the property owner. PAVING PLAN 4' W O O D F E N C E LANDSCAPE PLANSITE UTILITIES PLANSITE LIGHTING PLANGRADING & DRAINAGE PLAN FOUND 1/2" IRON PIPE, NO CAP FOUND 1/2" IRON PIPE, LB1048 FO U N D 1 / 2 " I R O N PI P E , L B 1 0 4 8 FOUND "X" CUT (3.0' S'ly) SET 1/2" IRON PIPE, LB3672 50 . 0 0 ' 50 . 0 0 ' 129.84' (ACTUAL) (5 0 . 0 6 ' F I E L D ) (4 9 . 9 4 ' F I E L D ) 129.90' (PLAT) 129.94' (FIELD) DEMOLITION PLAN 1.3 SITE PLANSITE PLAN 5' 5' 18' 16' SITE PLAN 1"=10' PI T L E R R E S I D E N C E 2 9 0 B e a c h A v e n u e Sheet Permit Set Project #: Date: Revised: 14004 10/30/14 Sheet Permit Set Project #: Date: Revised: 1/4"=1' 02'4'6'8'10'12'14'16' 14001 Sheet Permit Set Project #: Date: Revised: Copyright ©2013 Starr Sanford Design Associates, Inc. All rights reserved. The design concepts, drawings, written material, and specifications of this document are the property of Starr Sanford Design Associates, Inc. No part of these documents shall be copied, disclosed to others, or reproduced in part or whole in any form without the written consent of Starr Sanford Design Associates, Inc. Do not scale drawings. Use given dimensions only. If not shown, verify the correct dimensions with Starr Sanford Design Associates, Inc. Contractor shall check and verify all dimensions and conditions of the job site. 1/4"=1' 02'4'6'8'10'12'14'16' 14001 A2 . 1 SE C O N D L E V E L F L O O R P L A N FI R S T L E V E L F L O O R P L A N A/ A 2 . 1 Sh e e t Pe r m i t S e t Pr o j e c t # : Da t e : Re v i s e d : P I T L E R R E S I D E N C E 2 9 0 B e a c h A v e n u e Co p y r i g h t © 2 0 1 4 S t a r r S a n f o r d De s i g n A s s o c i a t e s , I n c . A l l r i g h t s re s e r v e d . T h e d e s i g n c o n c e p t s , dr a w i n g s , w r i t t e n m a t e r i a l , a n d sp e c i f i c a t i o n s o f t h i s d o c u m e n t ar e t h e p r o p e r t y o f S t a r r S a n f o r d De s i g n A s s o c i a t e s , I n c . N o p a r t o f t h e s e d o c u m e n t s s h a l l b e co p i e d , d i s c l o s e d t o o t h e r s , o r re p r o d u c e d i n p a r t o r w h o l e i n an y f o r m w i t h o u t t h e w r i t t e n co n s e n t o f S t a r r S a n f o r d D e s i g n As s o c i a t e s , I n c . D o n o t s c a l e dr a w i n g s . U s e g i v e n d i m e n s i o n s on l y . I f n o t s h o w n , v e r i f y t h e co r r e c t d i m e n s i o n s w i t h S t a r r Sa n f o r d D e s i g n A s s o c i a t e s , I n c . Co n t r a c t o r s h a l l c h e c k a n d v e r i f y al l d i m e n s i o n s a n d c o n d i t i o n s o f th e j o b s i t e . 1/ 4 " = 1 ' 1/ 4 " = 1 ' CO N C R E T E W A L L OC E A N B O U L E V A R D 60 ' R I G H T O F W A Y P A V E D P U B L I C R O A D BE A C H A V E N U E 40 ' R I G H T O F W A Y P A V E D P U B L I C R O A D LOT 6 LOT 5 LOT 5 LOT 4 130.56' (ACTUAL) (130.77' FIELD4) (130.50' PLAT) B L O C K 28 Pool 6'-0"6'-0"9'-0" grill   November  12,  2014           Dear  Community  Development  Board  Members,     Enclosed  please  find  materials  I  hope  you  find  informative  and  supportive  of  my  recent   request  for  a  variance  at  290  Beach  Avenue  in  Old  Atlantic  Beach.    Staff  at  the  City  will  be   presenting  additional  information  about  this  variance  request  at  the  upcoming  meeting  on   Tuesday,  Nov.  18th.    Please  know  I  have  provided  them  with  a  copy  of  these  materials  as   well.     Background:     I  recently  retired  and  relocated  to  Atlantic  Beach.    Earlier  this  year  I  purchased  the  through-­‐ lot  property  at  290  Beach  Ave.  with  the  intent  making  it  my  permanent  residence.    The   property  has  most  recently  been  used  as  a  multi-­‐family  property;  and  my  plan  and  desire  is   to  return  it  to  a  single-­‐family  residence.         There  are  currently  two  structures  on  the  property  including  a  “cottage-­‐like”  structure   currently  front-­‐facing  Beach  Avenue.    It  was  built  in  the  late  1930’s  and  sits  approximately  8   feet  from  the  Beach  Ave.  lot  line.    The  second  structure  is  a  “garage/2-­‐bedroom  apartment”   currently  facing  Ocean  Blvd.    It  has  a  stucco  exterior,  was  built  in  the  late  70’s  and  sits   approximately  22  feet  from  the  Ocean  Blvd.  lot  line.    There  is  a  courtyard  between  the  two   current  structures.         The  proposed  plans  call  for  both  current  structures  to  be  demolished  and  replaced  with  a   new  single-­‐family  home  styled  consistent  with  the  1930’s  “beach-­‐like  design”  similar  to   most  of  the  surrounding  homes.    The  new  structure  will  be  a  medium-­‐sized  main  house   front-­‐facing  Beach  Ave.  and  a  garage  structure  facing  Ocean  Blvd.      Both  structures  will  have   cedar  shake  exteriors.  The  plans  also  include  maintaining  a  courtyard  between  the   structures  and  incorporating  considerable  and  appropriate  landscaping  on  both  the  Beach   Ave.  and  Ocean  Blvd.  setbacks  consistent  with  the  surrounding  homes.       Request:     I  am  respectfully  requesting  a  variance  from  the  minimum  twenty  (20)  foot  setback   requirements  of  section  24.106.e.2.      The  RS-­‐2  zoning  district  requires  a  minimum  lot  size   area  of  7500  square  feet  and  a  lot  width  of  75  feet.    The  property  at  290  Beach  Ave.  is   approximately  6500  square  feet  with  an  average  width  of  approximately  50  feet  and  an   average  depth  of  approximately  130  feet.         The  non-­‐conforming  (smaller  than  ordinance  requires)  overall  size  of  the  property  and   limited  lot  width  require  utilizing  a  greater  portion  of  the  front  and  rear  set  back   requirements  to  facilitate  the  development  of  a  new,  medium  size  single-­‐family,  (current   use  is  multi-­‐family)  safer  and  more  architecturally  appropriate  structure  consistent  with   the  land  development  goals  and  residential  character  of  Old  Atlantic  Beach.         Specifically  the  request  includes  1)  a  set  back  reduction  of  4  feet  from  the  existing   requirement  of  20  feet  on  Beach  Ave.,  and  2)  a  set  back  reduction  of  2  feet  from  the  existing   requirement  of  20  feet  on  Ocean  Blvd.      The  net  effect  (six  (6)  feet  in  aggregate)  would  be  a   set  back  of  not  less  than  sixteen  (16)  feet  on  Beach  Ave.  and  eighteen  (18)  feet  on  Ocean   Blvd.           Currently  the  existing  structure  front-­‐facing  Beach  Ave.  is  set  back  approximately  8  feet   from  the  lot  line.    That  structure  would  be  demolished  with  approval  of  the  requested   variance.    The  end  result  would  be  a  new  structure  on  the  Beach  Ave.  with  a  set  back  double   what  currently  exists.    This  16  foot  set  back  would  be  more  conducive  to  the  safety  of  those   driving,  parking,  walking,  biking,  skating,  etc.  along  Beach  Ave.    This  sixteen  (16)  foot  set   back  is  also  more  consistent  with  the  set  back  and  line-­‐of-­‐site  dynamics  along  Beach  Avenue   in  general  and  the  immediate  neighboring  properties  specifically.           Regarding  the  proposed  new  structure  on  Ocean  Blvd.  the  same  dynamics  apply.    The   requested  eighteen  (18)  foot  set  back  would  more  closely  align  with  the  neighboring   properties.    Specifically  to  the  north,  a  requested  variance  for  a  reduced  set  back  (from  20   feet  to  15  feet)  for  construction  of  a  new  garage  structure  was  recently  approved  by  the   Community  Development  Board.    The  proposed  new  Ocean  Blvd.  garage  structure  at  290   Beach  Ave.  (set  back  18  feet)  would  allow  for  plenty  of  space  (off  sidewalk)  for  driveway   parking  and  safe  visibility  while  backing  out.    The  new  structure  would  also  be  constructed   with  a  reduced  pitch  (garage  floor  to  road  level)  for  reduced  risk  of  vehicles  and/or  other   items  accidently  rolling  onto  the  Ocean  Blvd.  sidewalk  or  actual  street.     I  also  believe  the  net  result  of  the  requested  variance  is  consistent  with  the  Architectural   Design  Guidelines  for  Old  Atlantic  Beach  and  the  objectives  and  policies  of  the  City  of   Atlantic  Beach  including:       Objective  A.1.3:    Maintaining  Residential  Character   The  City  shall  encourage  future  development  and  redevelopment,  which  1)  retains   the  exceptionally  high  quality  of  life  and  the  predominantly  residential  character  of   the  City  of  Atlantic  Beach  .  .  .  “     Policy  A.1.4.3:    The  City  shall  maintain  within  its  Land  Development  Regulations   provisions  intended  to  retain  the  unique  community  identity,  the  architectural   character,  and  the  residential  scale  of  that  area  of  the  City  known  as  Old  Atlantic   Beach.     Policy  F.2.1.3:    The  City  shall  encourage  individual  homeowners  and  private   developers  to  increase  private  reinvestment,  which  shall  upgrade  and  enhance  the   structural  quality  and  aesthetic  conditions  of  existing  housing  and  existing   neighborhoods.       The  neighbors  agree.    Please  see  the  enclosed  letters  of  support  from  the  immediate   neighbors  of  the  property  at  290  Beach  Ave.    They  are  familiar  with  the  unique  nature  of  the   property,  the  specifics  of  the  request  for  variance;  and  have  offered  their  written   encouragement  and  support  for  the  Board  to  approve  the  request.               Supporting  Rationale  (information  from  City  of  Atlantic  Beach  web  site):     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  (1)  or  more  of  the  following:     Light  and  air  to  adjacent  properties.   Comment:    no  adverse  impact.     Congestion  of  streets.   Comment:    no  adverse  impact.    In  fact,  a  new  structure  with  an  increased  set  back  from   existing  Beach  Ave.  structure  and  reduced  slope  of  new  driveway  on  Ocean  Blvd.   represent  reduced  risk  for  pedestrians,  bicyclist,  etc.         Public  safety,  including  traffic  safety,  risk  of  fire,  flood,  crime  or  other  threats  to   public  safety.   Comment:    no  adverse  impact.    See  above  comment  for  reduced  risk  to  pedestrians,   bicyclists,  etc.    Also,  new  construction  requirements  likely  represent  reduced  risk  of  fire   vs.  existing  structures  dating  from  the  1930’s  and  1970’s.     Established  property  values.   Comment:    no  adverse  impact.    In  fact,  the  proposed  project  (construction  of  a  new   single-­‐family  house  vs.  older  multi-­‐family  structures)  represents  significant  benefits   including  a  likely  boost  to  surrounding  property  values.       The  aesthetic  environment  of  the  community.   Comment:    no  adverse  impact.    Project  plan  calls  for  new  architecturally  appropriate   structures  consistent  with  Atlantic  Beach  community  development  goals  and  the  strong   support  of  neighbors.     The  natural  environment  of  the  community,  including  environmentally  sensitive   areas,  wildlife  habitat,  protected  trees,  or  other  significant  environmental   resources.   Comment:    no  adverse  impact.     The  general  health,  welfare  or  beauty  of  the  community.   Comment:    no  adverse  impact.    Project  plan  calls  for  new  architecturally  appropriate   structures  consistent  with  Atlantic  Beach  community  development  goals  and  the  strong   support  of  neighbors.   _________________________________________________________________________       Grounds  for  approval  of  a  variance:   A  variance  may  be  granted,  at  the  discretion  of  the  community  development  board,  for  the   following  reasons:     Exceptional  topographic  conditions  of  or  near  the  property.   Comment:    topography  conditions  have  no  impact  positively  or  negatively     Surrounding  conditions  or  circumstances  impacting  the  property  disparately  from   nearby  properties.   Comment:    Property  is  defined  by  the  City  of  Atlantic  Beach  code  as  non-­‐conforming  (less   than  7500  sq.  feet).    As  a  non-­‐conforming  “small  through  street  lot”  the  existing  20-­‐foot   setback  requirements  on  both  Beach  Ave.  and  Ocean  Blvd.  are  considerably  more   restrictive  vs.  other  larger  and/or  conforming  lots.             Exceptional  circumstances  preventing  the  reasonable  use  of  the  property  as   compared  to  other  properties  in  the  area.   Comments:    Property  is  currently  defined  as  non-­‐conforming  by  existing  City  of  Atlantic   Beach  code.    For  these  smaller  lots  the  existing  through-­‐lot  setback  requirements  of  20   feet  (front  on  Beach)  and  20  feet  (garage  on  Ocean)  are  disproportionally  restrictive  vs.   other  larger  and/or  conforming  lots.         I  believe  “reasonable  use”  should  include  the  ability  of  single-­‐through-­‐lot  property   owners  to  construct  a  medium  size  single-­‐family  structure  and  detached  garage  with   adequate  room  for  a  courtyard.    This  would  be  consistent  with  the  design  of  many  other   properties  in  Atlantic  Beach  and  supports  community  development  goals.       Onerous  effect  of  regulations  enacted  after  platting  or  after  development  of  the   property  or  after  construction  of  improvements  upon  the  property.   Comment:    There  are  many  current  non-­‐conforming  structures  along  Beach  Ave.;  made   so  due  to  regulation  changes  over  the  years.    Today  the  property  at  290  Beach  Ave.  is   considered  “non-­‐conforming”  due  to  it’s  reduced  size,  yet  the  proposed  new  project   structures  are  ones  that  could  have  been  constructed  consistent  with  ordinances  in  place   during  the  1930’s  and  1940’s  (when  the  original  cottage  structure  was  built).    The   proposed  new  single-­‐family  structure  is  also  very  consistent  with  the  design  and   architectural  characteristics  of  the  other  current  surrounding  residential  structures.     Irregular  shape  of  the  property  warranting  special  consideration.   Comment:    N/A     Substandard  size  of  a  lot  of  record  warranting  a  variance  in  order  to  provide  for   the  reasonable  use  of  the  property.   Comment:    Property  is  currently  defined  as  non-­‐conforming  by  existing  City  of  Atlantic   Beach  code.    This  property,  measuring  ~6500  sq.  feet,  is  >13%  smaller  than  the   minimum  requirements  of  a  conforming  lot.    For  these  smaller  non-­‐conforming  lots  the   existing  through-­‐lot  setback  requirements  of  20  feet  (front  on  Beach)  and  20  feet  (garage   on  Ocean)  are  disproportionally  restrictive  vs.  other  larger  and/or  conforming  lots.    In   fact,  several  other  Beach  Ave.  through-­‐lot  property  owners  (Carithers,  Barker,  Yockey,   etc.)  have  purchased  two  or  more  adjacent  lots  over  the  years  to  provide  themselves   with  flexibility  to  “build  larger  houses”  while  rendering  moot  the  limits  of  “more   restrictive”  setbacks.         I  believe  “reasonable  use”  should  include  the  ability  of  single-­‐through-­‐lot  property   owners  to  construct  a  medium  size  single-­‐family  structure  and  detached  garage  with   adequate  room  for  a  courtyard  between  them.    This  would  be  consistent  with  the  design   of  many  other  properties  in  Atlantic  Beach  and  supportive  of  community  development   goals.    My  proposed  design,  including  the  slightly  reduced  setbacks  of  4  feet  on  Beach   Ave.  and  2  feet  on  Ocean  Blvd.  represents  “reasonable  use”.         Summary     Earlier  this  year  the  Board  formally  expressed  interest  and  support  for  through-­‐lot  property   owners  having  the  option  to  front-­‐face  a  house  on  Beach  Ave.  or  Ocean  Blvd.      The  Board  has   also  expressed  its  desire  to  encourage  appropriate  new  residential  development,  improve   public  safety  where  possible  and  maintain  or  improve  the  “feel  and  line-­‐of-­‐sight”   characteristic  of  Beach  Ave.  and  Ocean  Blvd.    My  project  plan,  including  the  requested   setback  reductions,  does  all  that.    Additional  benefits  to  the  City  and  immediate   neighborhood  include  replacing  two  dated  multi-­‐family  structures  (one  stucco)  with  a  new   single-­‐family  structure  consistent  in  design  and  scale  with  most  all  of  the  “beach-­‐oriented,   cedar-­‐shake”  design  properties  surrounding  it.     This  variance  request  is  an  individual  situation  with  specific  details  unique  to  this  property.     With  strong  and  unanimous  support  from  the  immediate  neighbors  I  believe  this  variance   request  is  reasonable,  consistent  with  Atlantic  Beach  development  goals,  and  offers   adequate  grounds  supporting  approval  within  the  current  code.    Its  approval  would  provide   benefits  to  all.             I  hope  this  information  has  been  helpful  and  welcome  any  opportunity  to  provide  you  with   additional  details  about  my  plans  and/or  answer  questions.    This  would  include  a  visit  to   the  property  at  your  convenience  if  there  were  interest.    Thank  you  for  any  and  all   consideration.         Respectfully,        Andy  Pitler   277  Beach  Ave.   Atlantic  Beach,  FL    32233   773.680.6868     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4B CASE NO ZVAR-14-00100042 Request for a variance as permitted by Section 24-64 for a reduction in side yard setback from 10 feet as required by Section 24-17 to 5 feet at Atlantic Beach Subdivision Block 13 Lot 47 (aka 398 11th St.). LOCATION 398 11TH STREET APPLICANT LINDLEY TOLBERT DATE OCTOBER 27, 2014 STAFF DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant, Lindley Tolbert is the owner of 398 11th Street. The property was previously part of a larger parcel, 1075 Seminole Road, which had one single family home on it. The house has been demolished and the property was subdivided and returned to its original state as three platted lots that are each 50 feet wide. A tree removal permit has been approved for the removal of several trees on the three lots. One specific tree on the 398 11th Street lot forced a difficult decision. The tree is a 47 inch live oak located in the middle of the lot. The applicant is requesting to build a new home five feet from the western property line while preserving the 47 inch live oak and allowing adequate room for the root system. The 398 11th Street property is a 150 foot deep by 50 foot wide lot that was platted in 1913. The lot was initially an interior lot with frontage on 11th Street until the lots to its west were used to create the right-of-way for Seminole Road. This means that the lot is now by definition a corner lot. Section 24-17 defines corner lots as; Lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot. The exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot and shall have a minimum required side yard of ten (10) feet. the opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located. In addition, this property is located in the RS-1 zoning district and has front and rear yard setbacks of 20 feet and side yard setbacks of 7.5 feet. The RS-1 zoning district, in combination with the corner lot designation results in the following; -The 50 foot wide northern property line along 11th Street is the front yard and has a 20 foot setback. -The 150 foot long western property line along Seminole Road is the corner lot side yard and has a 10 foot setback. -The 50 foot wide southern property line is the rear yard and has a 20 foot setback. -The 150 foot long eastern property line is the side yard and has a 7.5 foot setback. Page 2 of 4 The 10 foot side yard requirement for corner lots means a variance is required to have a 5 foot setback from the western property line along Seminole Road as the applicant is requesting. While this property would typically have a 7.5 foot side yard setback on the eastern side of the lot, the applicant will do a 10 foot setback on that side. This results in a combined 15 feet of side yard setbacks that are normally required in RS-1. Aerial of 398 11th Street Courtesy of JaxGIS The Seminole Road right-of-way is 100 feet wide along the property and eastern edge of pavement is approximately 37 feet from the western property line. There is also a sidewalk along Seminole Road that is approximately 4 feet from the western property line. The reason the applicant is requesting the variance is to be able to preserve the 47 inch live oak during construction of a new home. The live oak is located 75 feet deep in the lot and 13 feet from the eastern property line. An arborist has recommended that an area around the base of the tree with a radius of at least 10 feet, but would prefer 13-15 feet, be preserved in order to protect the root system of the tree. This results in a loss of 400 to 900 square feet of buildable area in the middle of the lot. It is noteworthy to recognize that 6 foot fences cannot be built within 10 feet of a side lot line on a corner lot in most areas of the city due the narrow right-of-way and concerns of sight lines. On right-of-ways greater than 50 feet side such as Seminole Road, a 6 foot fence could be built up to 15 feet from the road or 5 from a sidewalk. This shows that sight lines are not as much of a concern on wider right-of-ways. In this case the home would be built about 10 feet from the sidewalk. There is a concern that the reduced setback will not fit with the rest area. Most homes in the area front on Seminole Road and have at least 20 foot setbacks. However, the corner lot homes along Seminole Road to the blocks south have side yards along Seminole Road that would be closer in scale. Page 3 of 4 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[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.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. There is a 47 inch diameter at breast height oak tree located in the middle of the property. The lot is 150 feet deep and 50 feet wide. The tree is 75 feet deep in the lot and 13 feet from the east, side property line. The applicant is requesting a setback reduction so that a new house can be built while preserving the tree and its root system. Section 24-48 allows the Community Development Director to grant a 5% variance to preserve a tree. This means a 10.5 inch variance could be administratively granted for this request. (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. The location of the 47 inch diameter at breast height oak tree reduces the buildable area by about 400 square feet based on the minimum area recommended by an arborist to ensure the protection of the tree and its root system. The arborist would prefer to see a larger area protected around the tree that would result in a loss of almost 900 square feet. A 400 square foot reduction in buildable area would not usually be that restrictive on a 150 foot deep lot, but the tree is in almost the exact center of the buildable area. This results in essentially two islands of buildable area connected by a small strip. (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. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100042, request for a reduction in side yard setbacks from 10 feet as required by Section 24-17 to 5 feet at Atlantic Beach Subdivision Block 13 Lot 47 (aka 398 11th St.), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. 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. Or, The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100042, request for a reduction in side yard setbacks from 10 feet as required by Section 24-17 to 5 feet at Atlantic Beach Subdivision Block 13 Lot 47 (aka 398 11th St.), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24- 64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24- 64(c), described below. 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 (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, 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 situation created by the property owner. 1 Hubsch, Jeremy Subject:RE: zoning notice From: RLigge@aol.com [mailto:RLigge@aol.com] Sent: Monday, November 10, 2014 8:14 PM To: Elected Officials Subject: zoning notice   Mrs. Tolbert is trying to run a business.  In doing so she is well within her right to try to maximize her profit as  long as she stays within the rules and regulations of the City of Atlantic Beach.  She is a very good business  person.  Just look at the property on the corner of 12th and Selva Marina Circle.  When she purchase that  property there was a single house on it and she could have made a good profit by dividing that lot into two  nicely sized lots and reselling them, but she was able to get a variance to split that property into three lots.   She was able to eek just a little more profit out of that deal by doing so.  I am sure that some of the people  that approved that variance regret their decision now.   But she was well with in her right to cram as many  houses onto that property as she was allowed to with the City’s blessing.  She has now purchased another  property with a single house on it; she has razed that house and is going to put three houses on that property.  Once again she is perfectly in her right according to the bylaws of Atlantic Beach to do so.  But now she is  requesting a variance to decrease front setback from 10 feet to 5 feet.  This would further detract from the  character of our community by making these houses look even more crowded onto these lots from the street  level.    There is also the safety issue of the decreased visibility of vehicles turning onto 11th from Seminole  Road due to the obstructed view from these houses being closer to the street.  The extra five feet setback  would help reduce this obstructed view.  Children frequently ride their bikes down 11th on their way to  school.  Kids being kids don’t always anticipate a vehicle suddenly turning onto 11th.  She is asking for  something similar to the variance she so strongly opposed in a letter our Shorelines paper when Don Wolfson  requested a variance for his property that he was going to use for himself and his family, not to resell.  Who can remember when they first experienced Atlantic Beach?  Its charm was the large lots with the  beautiful tree canopy.  It has a character like no other beach community.  It has a community of people who  live together, know each other and talk with each other.  Developers like Ms. Tolbert really do not take into  account the property’s character, population density or traffic flow when they build.  It is all about maximizing  profits.  I am strongly urging the development board to deny Ms. Tolbert’s request to increase setback.  Not  only is it a matter of safety but It is one of the very few rules left that tries to keep our community’s character.  Sincerely,  Bob Liggero 389 12th St  Atlantic Beach FL 32233  CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4C CASE NO ZVAR-14-00100046 Request for a variance as permitted by Section 24-64 for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Block 52 Lots 1and 2 (aka 1303 Beach Ave). LOCATION 1303 BEACH AVENUE APPLICANT DR. FRED LAMBROU AND PATRICIA ANDREWS DATE NOVEMBER 4, 2014 STAFF DEREK W. REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicants, Dr. Fred Lambrou and Patricia Andrews are the owners of 1303 Beach Avenue. The property is an ocean front lot located on the north side of the 13th Street beach access. The property has an existing structure that was built in 1937, located one foot from the property line along Beach Avenue. The applicants would like to preserve much of the original structure while remodeling it and adding another floor 8 feet from the Beach Avenue property line. A variance is needed for the new floor addition 8 feet from the property line along Beach Avenue because Section 24-106(e)(2) requires a 20 foot rear yard setback. Rear yards do not typically front right-of ways, but Section 24-84(b) states, “For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean.” Since this is an ocean front lot, the front yard is the on the Atlantic Ocean side of the lot and the rear yard is on the opposite side or the Beach Avenue side. The existing home is considered nonconforming because it is located within 20 feet of the property line along Beach Avenue as required by Section 24-106(e)(2). Section 24-85(c) allows for a nonconforming structure to be repaired, but strictly prohibits the expansion of nonconformity. The variance, if approved, would mean the new floor addition would be within the required setbacks and not result in a n expansion of nonconformity. The applicants are requesting the variance so that they can preserve an older home that they believe adds to the character of Old Atlantic Beach, while making the structure more livable and improving its aesthetics. A complete tear down of the existing structure is an option to create a more livable home that also meets all codes. A complete tear down would likely result in the new home being built seaward of the Coastal Construction Control Line. The request for an 8 foot rear yard setback from the property line along Beach Avenue was determined by the location of the existing internal stairs. The new top floor could not be built any further back without moving the stairs. Rather than asking to build directly above the footprint of the existing structure, the designers felt that letting the stairs determine the western wall would help reduce the visual impact of a new floor from the street. In addition, they plan to replace the existing gable roof with a balcony within the 8 foot setback in an effort to further reduce the visual impact of a new floor for those at street level. Page 2 of 4 The site plan below shows the new floor addition laid over the existing footprint of the structure. The blue line shows the property line along Beach Avenue. The green line shows the requested 8 foot setback from the property line along Beach Avenue. The red line shows the normal 20 foot setback from the property line along Beach Avenue. Site Plan of 1303 Beach Avenue Current plans call for only the new top floor to be setback from the property line along Beach Avenue. The rest of the existing structure would remain except for the existing roof line. It is important to note that if this variance is approved, it runs with the property and the existing structure could be demolished and a new house could be built entirely up to the 8 foot rear yard setbac k. Conditions may need to be added to the variance if approved that require the 8 foot setback apply to the existing structure only and only to the top floor. Determination Needed if Variance is Approved If the variance is approved and the applicant submits plans as shown then there is a potential issue with Old Atlantic Beach Design Standards. Staff is unclear about how to define each floor. Is the garage level a basement or the first floor? If it is the first floor then the new third floor would have to comply with the Old Atlantic Beach Design Standards, which state that the third floor can be no greater than 50% of the size of the second floor. In the Flood Hazards Area chapter of the Land Development Regulations, the “basement” is defined as “the portion of a building having its floor subgrade (below ground level) on all sides.” The Florida DEP recognizes the first floor as the first floor fully above wavecrest elevation, which is the floor above the garage. If the variance is approved then the staff will respectfully request a determination of the first floor from the Community Development Board. Page 3 of 4 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[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.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (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. The applicant stated that the existing structure was built in 1937 and contributes to the historic character of Old Atlantic Beach. They would like to preserve this structure. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated that the 1937 structure was built before the City’s Land Development Regulations. It was also built before the Coastal Construction Control Line was established that makes redevelopment of the site beyond the structures current footprint more difficult. (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. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100046, request for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Block 52 Lots 1 and 2 (aka 1303 Beach Ave), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above. 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. Or, The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100046, request for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Block 52 Lots 1 and 2 (aka 1303 Beach Ave), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. 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 (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, 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 situation created by the property owner. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4D CASE NO UBEX-14-00100045 Request for use-by-exception as permitted by Section 24-112 (c)(6), to allow welding, metal fabrication and sheet metal works in the Light Industrial and Warehousing (LIW) Zoning District at 325 Mealy Drive. LOCATION 325 MEALY DRIVE APPLICANT MOSTAR FABRICATION INTERNATIONAL DATE November 5, 2014 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR STAFF COMMENTS The applicant is Zanin Basic with Mostar Fabrication International. This is a company that repairs roll off dumpsters and other metal items by welding on replacement panels and fabricated parts. The applicant is required to obtain a Use-By-Exception per Section 24-112(c)(6), which states one is needed for, “welding shops, metal fabrication and sheet metal works”, within the Light Industrial and Warehousing zoning district. The site is located near the middle of the Light Industrial and Warehousing zoning district at the northeast corner of Mealy Street and Mealy Drive. The site has an existing 4,500 square foot metal building, two paved access points, paved parking and a 6 foot chain link fence around the property. No new construction at the property in order to accommodate the use is required or expected in the near future. The applicant expects to have 3 to 4 employees at this point, though the company is just starting out could grow if things go well. However, that would possibly require them to relocate to larger facility. Most work will be contracted to perform repairs to their equipment. As a result no signage is needed at this time. All work will be performed indoors. All projects stored outside must be located in the side or rear yard and screened from view. Possible conditions of approval that the Community Development Board may want to consider include: - Limiting days and hours of operation. Page 2 of 3 Subject Site and Surrounding Properties Source: JaxGIS Page 3 of 3 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100045) to permit welding, metal fabrication and sheet metal works within the Light Industrial and Warehousing (LIW) Zoning District and located at 325 Mealy Drive provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c) in that the proposed use is found to be consistent with the uses permitted in the LIW zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100045) to permit welding, metal fabrication and sheet metal works within the Light Industrial and Warehousing (LIW) Zoning District and located at 325 Mealy Drive provided 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c) in that the proposed use is found to be inconsistent with the uses permitted in the LIW zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4E CASE NO UBEX-14-00100044 Request for use-by-exception as permitted by Section 24-111 (c)(10), to allow the sale of used automobiles in the Commercial General (CG) Zoning District at 15 Simmons Street. LOCATION 15 SIMMONS ROAD APPLICANT BRIGHTWAY AUTO SALES DATE NOVEMBER 12, 2014 STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR STAFF COMMENTS The applicants are proposing a used car lot at the corner of Mayport Road and Simmons Road. The subject property is zoned Commercial General (CG). It is part of a 2.04 acre parcel that will need to be subdivided if the Use-By-Exception is approved. The property currently has a small home that the applicant plans to use for an office. The applicants plan to construct a parking lot with asphalt millings, which would be able to house approximately 20 vehicles. Commercial General Zoning Per Section 24-111 (c) (10), a use-by-exception is required for “sale of new and used automobiles, motorcycles and boats, and automotive leasing establishments” in the Commercial General zoning district. Section 24-111 (a) states, “Within the City of Atlantic Beach, the CG zoning district is intended for uses, which provide general retail sales and services for the City of Atlantic Beach and the closely surrounding neighborhoods”. Comprehensive Plan Policy A.1.10.5 states, “Along the Mayport Road corridor, the continuation and proliferation of light industrial uses, automotive sales and repair businesses and other more intensive commercial business activities shall be discouraged in favor of those businesses and uses that provide neighborhood serving retail products and services that generate daily activity and interaction between residen ts of the surrounding neighborhoods” Page 2 of 3 Policy A.1.3 states, The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominately residential character of the City of Atlantic Beach. Goal A.1 states, The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates, and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 4) maintains the City’s distinct residential community character Policy A.1.10.4 states that, “retail and service uses that sustain neighborhoods, and encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged”. Use-By-Exception The review of any application for a use-by-exception shall consider each of the following: (1) Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. (2) Off-street parking and loading spaces, where required, with particular attention to the items in [subsection] (1) above. (3) The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use -by- exception being requested. (4) Refuse and service areas, with particular reference to items [subsections] (1) and (2) above. (5) Utilities, with reference to locations, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district (see "Signs and advertising," chapter 17). (8) Required yards and other open space. (9) General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the comprehensive plan. (10) For those properties within the commercial corridors, consistency with the intent of section 24- 171, commercial corridor development standards. (11) Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one (1) area of the city. Note: There are four used car dealers on the Atlantic Beach portion of Mayport Road and three on the City of Jacksonville portion of Mayport Road. Several of these are in very close proximity to the proposed use-by-exception. Page 3 of 3 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100044) to allow the sale of used automobiles within the Commercial General (CG) Zoning District and located at 15 Simmons Street provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. 4. The requested use is consistent with the intended redevelopment of the Mayport Road corridor. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX 14-00100044) to allow the sale of used automobiles within the Commercial General (CG) Zoning District and located at 15 Simmons Street provided 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing commercial uses and any nearby residential uses. 4. The requested use is not consistent with the intended redevelopment of the Mayport Road corridor. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Ordinance 60-14-19 to extend the date for compliance with sign regulations to June 1, 2015 SUBMITTED BY: Jeremy Hubsch Building and Zoning Director DATE: October 29, 2014 BACKGROUND: The City’s sign code says that all non-conforming signs must come into compliance by January 1, 2015. Staff gave a report about sign amortization to the Commission in June 2014 and provided an update on October 27, 2014. At the October 27, 2014 Commission meeting, it was determined that it would take a few months to consider possible changes to the sign code. The Commission thought it was best to extend the date for non-conforming signs to come into compliance from January 1, 2015. Staff is recommending a 6-month extension from January 1, 2015 to June 1, 2015. This ordinance change will go to the Community Development Board for a recommendation at the November 18, 2014 meeting. This will occur between the first and second reading at the City Commission, which is prior to final approval of the ordinance. BUDGET: None. RECOMMENDATION: Approve Ordinance 60-14-19 ATTACHMENTS: Ordinance 60-14-19 REVIEWED BY CITY MANAGER: ____________________________________________ CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMEBT BOARD STAFF REPORT AGENDA ITEM: Tree Ordinance SUBMITTED BY: Jeremy Hubsch Building and Zoning Director DATE: September 25, 2014 STRATEGIC PLAN LINK: None BACKGROUND: Introduction to Tree Protection The current tree protection code is lengthy and complex, but can be summarized a little more simply. When new development, redevelopment, or clearing of undeveloped land occurs, certain trees are protected and others are not. In the buildable area of the lot (everything that meets setbacks) trees that are larger than 20 inches in diameter are protected, while trees that are less than 20 inches in diameter are not. In the non buildable area of the lot (everything outside the setbacks) trees that are larger than 6 inches are protected, while trees less than 6 inches are not. The assumption is that trees should be more easily preserved outside of the buildable area of a lot. See exhibit 1 for an example of how this works. Removal of protected trees must be mitigated, either in the form of replacement, relocation, preservation, or payment into the tree fund. Mitigation credit is given for the preservation of any non-protected tree on site, but not for preservation of protected trees. For instance, if someone removes a 44 inch oak and also preserves a 22 inch oak, they are not given mitigation credit for the preservation of the 22 inch oak. Credit is not given for protected trees because they are expected to remain. Mitigation on private residential properties is required at a ratio of 1:2. This means for every two inches removed, one inch needs to be preserved, replaced, or paid into the tree fund. This ratio enables properties owners to only have to mitigate for 50% of the protected trees they remove. For instance, if a property owner removes 100 inches of protected trees, they only have to preserve 50 inches of trees. In this scenario, the property owner is able to make a net reduction of 50% of the protected trees that were initially on site. Tree Protection Results Staff did an analysis of tree removal from the beginning of 2013 to present. In this period a total of 2,070 inches of trees were removed; while 2,868 inches were preserved, 229 inches were relocated, 12.5 inches were planted, and 76 inches ($3,724) paid into the tree fund. This means that 5,167 inches of trees has been reduced to 3,109.5 inches, plus the $3,724 that was paid into the tree fund. This means there was a net loss of 2057.5 inches of trees. Fortunately, the total amount of trees that were preserved was higher than required by code, but you can still see that a significant net reduction has occurred. Recommendations The only way to ensure that a net loss of protected trees does not occur is by requiring a mitigation ratio of 2:1 or two inches preserved for every inch removed. If a property has 200 inches of trees and the owner wants to remove 100 inches, requiring them to preserve 200 inches ensures that a net reduction does not occur. The current tree code has a provision that allows the City Commission to designate certain portions of the city as “historic corridors” simply by a resolution. Per Section 23-41, “The city commission may by resolution designate historic corridors or individual heritage trees. In doing so, the city commission shall specifically identify those streets, or portions thereof, or trees, which shall be so designated.” The city’s tree mitigation chart requires mitigation at a rate of 2:1 within historic corridors. The city currently has somewhat of a historic corridor in its land development regulations. There are specific standards for residential development within “Old Atlantic Beach” (see map, exhibit 2) based on the uniqueness and character of this area. This area is also where most infill development in the city is occurring, and subsequently where many people believe a loss to the city’s tree canopy is occurring. Designating this area as a “historic corridor” would ensure that the tree canopy is maintained. Additionally, staff would like to create a tree manual that would help explain the tree code to residents and contractors. The tree code section is lengthy and complicated to read. A tree manual would greatly improve the tree protection process for all parties. Rebuilding Tree Canopy Regardless of whether or not the commission wants to increase the amount of mitigation required by property owners, staff can make a targeted effort to improve the canopy through plantings in the right-of-way and in park spaces. According to the code, the tree fund is “for the purpose of growing and maintaining the city’s community forest….Priority shall be given to the use of funds for projects that plant or replace trees or vegetation along public rights-of-way or on properties and lands in public use that will provide needed shade, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and along public roadways.” In recent years, a significant amount of new development has occurred in Old Atlantic Beach and in areas close to the beach. When new development or redevelopment occurs, the tree code is not able to protect or preserve every tree. The city can make a targeted effort to improve the tree canopy in areas that have been affected by new development. Staff would like to propose a multi-year program to improve the tree canopy in Atlantic Beach. This program can be very successful if focused on highly visible areas and by using high quality trees. Staff has not yet done a comprehensive analysis of every possible location for plantings, but based on a preliminary analysis, below are a few areas that are possible candidates for new tree plantings:  Southwest corner of Bull Park  Triangular parcel at corner of East Coast Drive and Seminole Road, other side of Seminole has high profile area as well. Could be a good spot to create a “canopy road”.  Numerous locations along East Coast Drive and Ocean Boulevard  East side of Seminole Road, in front of Ocean Village  Higher quality plantings on the west side of Seminole  Work with property owners on Mayport to do plantings on their property. We have little to no right-of-way on Mayport and Atlantic. Staff has one prospective property owner lined up and several more in mind. There is currently $12,821 in the Tree Protection Fund. Staff can use this money to kick start a planting program in some of the high profile locations listed. If the commission would like, staff can formulate a comprehensive planting strategy and bring it back for input.