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Exh 8BAGENDA ITEM #8B JANUARY 14, 2002 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request for City Commission to hear an appeal of the denial of a Variance by the Community Development Board for an oceanfront property located at 41 Sixth Street SUBMITTED BY: Sonya Doerr, AICP,.Community Development Director DATE: December 12, 2001 BACKGROUND: On November 20, 2001, the Community Development Boazd, by unanimous vote, denied a request for a Variance to reduce a side yard setback to zero (0) feet to allow construction of a second-story deck on the southeast corner of the structure. The second-story deck is proposed in conjunction with the renovation and expansion of asingle-family nonconforming oceanfront structure located on the north side of Sixth Street. During review of construction plans for this project, the applicant was advised that all new construction exceeding the existing building footprint would be required to comply with current setback requirements. Plans were approved and a building permit issued containing notes requiring the second- story deck, proposed on the south, ocean side of the residence to comply with the five-foot side yard setback: The applicant subsequently filed a Variance application seeking relief from the,side yazd setback, which would allow the proposed deck to be constructed as initially proposed. The Applicant requests that the Commission hear an appeal of the Community Development Board's decision denying the Variance. Sections 14-25 and 24-49 (3) of the City Code require the appellant to demonstrate to the Commission that the decision of the Community Development Boazd was illegal, and the petition for appeal must specify the grounds for illegality. The Applicant, in the attached correspondence, has stated that a discussion during the meeting related to whether the subject lot is a comer lot resulted in'a legal error in the decision by the Community Development Board. There do not appeaz to be any currently effective CiTy cedes or regulations that would deem the subject lot a Comer Lot; however, it is Staff's opinion that this issue is not relevant to the denial of the variance, as the variance sought a reduction to zero feet the side Yazd setback. (This .project was not reviewed or permitted as a Comer Lot, and no request for a fifteen (15) foot setback on the south side of the lot was made by Staff) Staff cannot find that the Community Development Boazd acted illegally in rendering the decision to deny the Variance, and recommends that the action denying the Variance be upheld. RECOMMENDATION: Motion to deny a request to hear an appeal of a decision of the Community Development Board related to Variance application ZVAR-2001-03, fmding no illegality related to the denial, and finding that the Order of the Community Development Boazd is consistent Section 24-49 and Section 24-64 the City of Atlantic Beach Zoning and Subdivision Regulations. ATTACHMENTS: Supporting documentation from Staff d Applicant. REVIEWED BY CITY MANAG,F~Er---- ~_ AGENDA ITEM #8B JANUARY 14, 2002 Minutes of Community Development Board November 20, 2001 Page 2 A motion was made by Mr. Burkhart, seconded by Mr. Jenkins and unanimously carried to recommend approval of the Use by Exception as presented by Staff.. 5. New Business ~~.. a. Request to consider an application for a Variance to reduce a side yard setback to zero Feet to allow asecond-story deck to estend into the required five (51 foot side yard for property located at 41 Sixth Street, Ms. Doerr advised that the deck construction had begun but had been halted at the direction of the Building Department. Mr. Michael Dunlap introduced himself He stated that they have basically followed the existing footprint of the house with the exception of the decks they are adding on the east and west sides. He further stated that the south edge of the house is on the property line so anything that is added to the house is out of code. Mr. Dunlap advised that the lower deck is within Code, but the second floor deck on the south side has triggered this problem with the land use code. He advised that they are asking for three columns in the comer and to attempt to shift the columns back five feet is a detriment to the design effort and project quality that they have achieved to date. Mr: Dunlap reminded the Boazd that the deck is on the beach access side, so it would not affect. anyone else's property. Discussion was held with regard to redesigning the deck, but Mr. Dunlap stated that this would interfere with the view out of the dining room on the north as well as the entry area on the south. Mr.'I)unlap also stated that shifting the eyebrow curve five feet would appear to be a mistake in the design of the building. Mrs. Walker questioned Staff with regazd to the side yard setbacks on this building and whether or not this house was situated on a corner lot. Discussion ensued and Mr. Wolfson advised that there had once been an interpretation that these lots were comer lots because historically the ocean had been considered a street and since this lot is next to a beach access, it was thought to be a comer lot. Ms. Doerr stated she was not aware of any current regulations that would cause this lot to be considered as a corner lot, but that if it was a corner lot, the setback on the 6`" Street side would be fifteen feet rather than five feet. Mr. Wolfson commented that this was not relevant to this request. 'The variance is to reduce the setback to zero feet. Discussion was held with regard to the elevation of the first floor deck. Mr. Dunlap stated that he believes the new deck construction is lower than 30 inches. Building Official Ford advised that he has not seen the elevation for the ground floor deck yet, but if it is 30 inches or higher, then it also has to meet the setback requirements. Mr. Burkhart moved to deny the Variance request to allow asecond-story deck according to staff recommendation. Mr. Jenkins seconded the motion. Mr. Dunlap advised that the hardships aze that the variance would have a minor impact on the neighborhood; the construction is outside the land use code but the whole neighborhood is outside the land use code; that the City should have language in the zoning code that addresses historic buildings; and that moving the deck back five feet would make the project structurally and economically impractical. A vote was taken, and the motion to deny the Variance was approved by unanimous vote. AGENDA ITEM #8B ~,~c_.LG. JANUARY 14, 2002 .CITY OF'ATLANTIC BEACB SOOSEMINOLEROAD ATLANTIC BEACH, FLORIDA 32133-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805. SUNCOM:852-5800 hrip:(/ci.atlantic-beach.fl.us December 12, 2001 Michael W. Dunlap 118 West Adams Street, # 200 Jacksonville, Florida 32202 Re: Request for City Commission to hear an appeal of a Variance denial by the Community Development Board Deaz Mr. Dunlap: Your request for an appeal to be heard by the City Commission related to the denial of a Variance application (File Number ZVAR-2001-03) for property located at 41 Sixth Street is .scheduled for 7:15 p.m. Monday, January 14, 2002. Please be aware that pursuant to Sections 14-25 and 24-49 (3) of the City Code; in order for the Commission to hear this appeal, the appellant must first demonstrate to the City Commission that ..the decision of the Community Development Boazd was illegal, and the petition for appeal must specify the grounds for illegality. Please feel free to call me at 247-5817 with any further questions. Sincerely, ,rO~~ Yr ~~~` t Sonya B. Doerr, AICP Community Development Director cc: Jim Hanson, City Manager Alan Jensen, City Attorney AGENDA ITEM #8B JANUARY 14, 2002 NLICHAEL I~Y7NLAI' AIA ~.,~ -_. - la ~~a ~ V ~ril~~ U ~a i'•~iii5 Gil~.i iali Re: McGuinness Res 41 Sixth Stree Dear Mr. Jensen, f~ Please accept this letter request to appeal to the City Commission. We appeal the 11-21-01 Community Development Board decision to deny the variance request to construct 3 posts on the south corner of the existing residence, to support a second level deck. we believe-that confusion existed regarding the designation of the subject lot. The chairman stated during the hearing that the oceanfront lot is considered to be a "corner lot" designation. This created a. legal error since there is no basis in the code for this comment. Perhaps the board was confused regarding the 5' or IS' setback requirement (side or corner .lot requirements) and denied the variance based on hearsay, rather than impleanenting the guidelines set by the current land use codes. The subject lot is not considered to i be a corner lot because it does not intersect a street. Thank you for your consideration, and I assume we will be placed on the agenda for the December 10 commission meeting. Sincerely, ~~~ ~~~ Michael Dunlap ~~+~ 3 ~ 'LUU1 Cc: Ms. Sonya Doerr Mr. Neil McGuinness AKCHZTECT City of Atlanttic Eeach L]%:'..in,~j i'1SixJ ~.`-"Jn1P.`~y FLORIDA REGISTRATION BAR-9200 AGENDA ITEM #8B JANUARY 14, 2002 City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-544 Phone: (904} 247-5800 • FAX (904) 247-5805 • http://www/ci.attantic-beach.ft.us ORDER of the Community Development Board for the City of Atlantic Beach, Florida APPLICANT: Michael W. Dunlap 118 West Adams Street, # 200 Jacksonville, Florida 32202 FILE NUMBER: ZVAR 2001- 03 DATE OF HEARING: November 20, 2001 ORDER DENYING VARIANCE The above referenced Applicant has requested a Variance fro>a~ Section 24-lOS (e)(3) of the Zoning and Subdivision Regulations for the City of Atlantic Beach in order to reduce a side yard setback to allow asecond-story deck to extend into the required five (S) foot side yard in connection with the renovation of an existing nonconforming structure, on property located at 41 6th Street within the City of Atlantic Beach, Florida. On November 20, 2001, said request was considered at public hearing by the Community Development Boazd for the City of Atlantic Beach. Having considered the application and supporting documents, statements made by the Applicant, the Community Development Board found that the request did not comply with Section 24-49 and Section 24-64 the City of Atlantic Beach Zoning and Subdivision Regulations, and finds as follows: AGENDA ITEM #8B JANUARY 14, 2002 Page two Order ZVAR-2001-03 November 21, 2001 (Provide findings of fact similar to the following.) 1. There aze no special conditions or circumstances which are peculiar to this land or structure that are not applicable to other land or structures in the same Zoning District or in the general azea. 2. The circumstances resulting in this request are created by actions of the applicant. 3. Granting of this. variance will confer to this applicant special privileges that aze denied to other lands, buildings or structures in the same Zoning District. 4. Literal interpretation of the provisions of the Zoning and Subdivision Regulations for the City of Atlantic Beach will not deprive the applicant of rights commonly enjoyed by otherproperties in the same zoning district under the terms of said regulations and do not result in an unnecessary and undue hazdship to this applicant. NOW THEREFORE, based on said findings, the Community Development Boazd by unanimous decision hereby DENIES the request to reduce a side yard setback to allow asecond-story deck to extend into the required five (5) foot side yard in connection with the renovation of an existing nonconforming structure, on property located at 41 6th Street within the City of Atlantic Beach, Florida. DATED THIS z5TM DAY OF Iyo-ut~w~ml , 2001. M.~ W es~_ Don Wolfson, Chairman Community Development Board The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as the same appears in the record of the Community Development Board minutes. ~/`v(. Communi Development Director AGENDA ITEM #SB JANUARY 14, 2002 To: Community Development Board From: Pianning, Zoning and Community Development Departrnent City of Atlantic Beach Date: Subject: Applicant: Requested Change: Location: November 07, 2001 ZVAR-2001-03 Michael W. Dunlap on behalf ofNeil McGuiness 118 West Adams Street, # 200 Jacksonville, Florida 32202 Variance to reduce a-side yard setback for new construcfion on a nonconforming structure to aAow a second-story deck to extend into the required five (5) foot side yard. 41 6th Street t Existing Zoning: Residential, Single-family (RS-2) Future Land Use: Residential, Low Density Surrounding Zoning: RG-l, RG-2, RG-3 and RS-2 Surrounding Land Use: Residential AGENDA ITEM #8B JANUARY 14, 2002 STAFF COMMENTS The applicant has requested a Variance to reduce a required side yazd setback to zero feet to allow a second-story deck to be constructed within the required minimum five (5) feet side yard setback. The deck is proposed in conjunction with the renovation of an existing nonconforming residential structure. The renovation of this residence, which is currently underway, involves a nonconforming structure (but not a nonconforming use) where the existing residence is constructed to the property line on the south side and within several feet of the north side property line. During initial review of the proposed construction plans for the renovations of the residence, the applicant was advised that. all new construction exceeding the original building footprint would' be required to comply with applicable permits including the proposed second-story deck, unless a Variance was obtained. Building Permits and the approved plan sets contained notations referencing the requirement for the second-story deck, which was still shown on the plans, to comply with the five foot setback. Staff cannot find that compliance with the required five-foot side yard setback presents an unnecessary hardship which would warrant relief or that the conditions as set forth within Sections 24-49 and 24-64 are demonstrated. Staffhas also considered that pursuant to Section 24-85, existing nonconformance shall not be allowable as grounds for granting a Variance. Accordingly, staff cannot support approval of the requested Variance. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion deny a Zoning Variance to reduce a side yard setback for new construction on a nonconforming structure to allow a second-story deck to extend into the required five (5) foot side yard, provided: (Provide findings of fact similar to the foi~owing.) 1. There aze no special conditions or circumstances which are peculiar to this land or structure that are not applicable to other land or structures in the same Zoning District or in the general'azea. 2. The circumstances resulting in this request aze created by actions of the applicant. 3. Granting of this variance will confer to this applicant special privileges that are denied to other lands, buildings or structures in the same Zoning District. 4. Literal interpretation of the provisions of the Zoning and Subdivision Regulations for the City of Atlantic Beach will not deprive the applicant ofrights commonly enjoyed by other properties. in the same zoning district under the terms of said regulations and do not result in an unnecessary and undue hazdship to this applicant. AGENDA ITEM #SB JANUARY 14, 2002 SUGGESTED ACTION TO RECONID'IEND APPROVAL The Community Development Board may consider a motion to approve a Zoning Variance to reduce a side yard setback for new construction on a nottconforming structure to aIIow a second-story deck to estend into the required five'(5) foot side yard, provided: (Provide fzndings offact similar to the following, and attach conditions as may be appropriate.) There aze special conditions or circumstances which aze peculiaz to this land or structure that are not applicable to other land or structures in the same Zoning District or in the general area because 2. The circumstances resulting in this request are not created by actions of the applicant. 3. Granting of this variance will not confer to this applicant special privileges that are denied to other lands, buildings or structures in the same Zoning District because 4. Literal interpretation of the provisions of the Zoning and Subdivision regulations for the City of Atlantic Beach will deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under. the terms of said regulations and will result in an unnecessary and .undue hazdship to this applicant because F:IUSERSIP[vming\VAIUANCE FQ.ES~ZVAR-2001-03 (Dunlap-Mcguinus)LStafrReporc (Revised).Doc AGENDA ITEM f18B JANUARY 14, 2002 ~5lCN CON;770L LINE 3..'•~, PG. .59-596) AT~,A.IVTIC OC~'A.N ~,.- h?pFar.. ~;l~~ six r6rt Lr,~~ ~4 ~ -~ NO.~°16'38 "W u *~ 0.0 ~' . ~ LEGAL DESCRIPTION ~ ~' .:GG L~ ~ p~yy ~ a ~ ~~4s ~ ~+x rwro, amm awrnR ru'~xs <' ~ . .,r x.p~ ,,, nwr l - ~~~:+~ -P' Mf tt.W.c #CMI K RNU MMH. FlG y ~ ~ ^~ „q !/11111 CPY MI.O fC~91f YJ w T~ ti NEW 0£C74 ~ .tt.' !-i ~ 0.G ~ ~~ r~ 2 STORY W000 - s.r a i'fl '' ~ 7 FZ~ ~7 $ EXIS7 FOOtt~Rh`1 , ... r ~ . ~ t4 ~` ~ p,pup 30tH X. M1 '7' ~ [ .y . , ~ ~ , ° ~ °R1NAr ~ ~ NEW NCCVERED) ~ ~"T~t s r ~~ ' ' tl 5 15 Jp SQ Gg ~ ry~3 0 :v ° c~cd o-1 j n' X15 _, i~ r ~~. z~~ `}j4° c'~ ,~ 00' ~~,~~IC ScAL~. ,,R ~' SQ q . ;~I J ~~~ `~_------- ~ „a ~l, sa,•.ga' NoF-~z~r~°w rasa..2' ----^~~ J050~04"w a9._3 otUa`- ca ~v gassa' Nos~a'or w ,w.•~z' CC~AS:A~ CO„S7,RL1C ?~OPr C~JN,~.~l d,rE ~}C ~ ~ ~ S . . P Tf-fti~7"l1G i~-.Ac-_f{ ~ G7Tr i~t dn( K AGENDA ITEM #8B lei z_ioi zz: os >;:ss s0a2asalsl caAZ..sorrico.u. so 7eN JANUARY 14, 2002 rLYCA IO ~ ~ .~f N rose v irxi ~NCa U ~ ~,~o~ T Ap . ~ . . -NEXT MEETING DATE :,`tOJ. LO' Z.ao ~ FZY.SNG DEADLINE: tvaJ. 'Z• ~2~001 PLEASE"TYPE OR PRINT IN INK ~ APPLI CAT ION ':'EE 575 .00 ~;~.ir~:'•~ _~.a r TO REQUEST A VARIANCE FROMTHE REGVLATIONS YNDICATE- ISE72EZN, TH£ _ APPLICANT MU ST SHOK THAT THERE ARE UNNECESSARY HARDSH CPS 2N CARRYING OUT THE STRICT LET"1'ER OP THE. CODE. 1"~lU-tN¢~. WRY/JE t7 vu LNP wppl scants .Na,un Itk WEST NDAMAS 'a'T aFZOD Address .1 Ac1c5aNV~u.E F~-°0.,oN 3zz o2 Clty, State, Zig Telaprione: ~i oY) 3s>s~ tooz AIE LL. N'I`C-,Vt N_L55 _ _ ~~ Owners Name ~_•' eft {f~'' th _ _ ... Address „- A.1 Lqf iL IZSl4t..!•{ ~LC2lUq 3'LL3~ City, States, Zip Telephone: 9~4~ 'L}} $59(s Street address and legal description oP aub,iact praY~e_ty:~NOte: COPY of dead aatd survey or plot plan indicating Droy.osed ; construction elLl9t Uei,attla.c:hed. 41 [.,Tfl STa «c s7'T/A~rteo DEAN rPgRriac.~ _ Zaning clnasification oP Property: ~5 ~ Z Sectien of code from which variance Ss sought: SIDE Y~KP SaT ~tL Supparti ny data which should be conaldcrad by Hoard: __ ~ SEE' g7gc NMPIVT . - SN 1'YLSNG TH75 APPLICATION FOR VARIANCE, THE UNDERS:.LiNEA UNDERSTANDS ZT HECOMESA PART OF THE OFFICIAL F.LCD RI7S 'OP•TAE C1TY AND DOES HEREBY CERTIFY. THAT ALLYNPORMATION CONTAII ~D HEREIN ZS TRUfi TO THE. HEST OF FYIS/HER 1SNOWLEDGE- ~. Si Snauiro o ProKae:rty Owner ~ ' {.required for. ca rocsaa ing ) ..;: MtLHNe~ D~NORQ AC~~uT C$EE. Alf'AG HiME NT '~3. o.1+.O.w NE A-~ i lleaeribe variance ragiisetad: ' 10/23/2001 15:24 8139357900 y mGEWISE INC AGENDA ITEM #SB JANUARY 14, 2002 ag oatober coal a®aa TO o. City of Atlaatic Reach Building and Zoainq nepartment RS: ffiCG'QIND7E88 R88IDENC$ 41 STH STREET ATL~TPSC nR'a~'Ta', FLORIDA 32233 Please accept this letter authorizing ffiichael Dualap, Architect to represent ~r interests im the Variance 3-ppla,catioa to pexm~,t exterior deck cozxstruction ,regarding the above re£ereuced t w c ~ C-~ N _ w ~ FF.1 ',1 ~+ U l" ~6 ° L NE cF lA~'~ R L~GK 2ND f1.~~ C P 3- ~ I l I Q A 3 RISERS 1/1RST ~ i~K .- _ ~ ' ~~ 10" ~ ib DECK ~K ABOVE /' - W ~ \ `~ ? ` .~FbsEP: ~ -P.T.6x6 S Q ~ I f e ~ 0 Y ~ GoL. ` ~ m II ' c0 / RE512E Ex15TING OPENING5IFOR x Q ~ \ CASED ~ q- ' JAL. ~ - NEW WINOCWS ~ DOORS TNI W4LL ~ ~ ^ ` ~_ 12 I" ~. 5'-q' cL Iq" 'Iq.. cL 5._q.. 4- I ~IF ~ 4 w o ~\ I I ® © © © - © © ~ ~ p - z Z ~ " ~ ~ LLl ~ CL WINDOW 1 T DRB C LL ~ ~ U Y ~ I . I Q a ~ ~ I~- ROOM \ ~ « ~ w NEW aoPENI ~..- Q~ Q IN Ip OM I \ SUNRC iii I C Q - - ., -~- FOYER ~D--- - - GL iq 1 ~' ' p (-~ lU 6X6 COLUMN '4 IXS f Q CASED / FIN J Q NEW ®DPENI . y Q F ~ N I w . t ~ ~ 0 MI RED Z N -1 I w ~Eu. I I lO 0 Q m J Q y'_q~' q'- 3/ i ~ IN REASE WIDTH OF IlJ N Z GL GL CL CL G klg I ' B W LL5 TO 8" Q 3 ~ _ EXI57 WINDOW SEAT . ® U m Q I - P. . bxEa ~ ~ REP AG G I ® -~--=- G LUMN To 5 A5 AGENDA ITEM #8B JANUARY 14, 2002 5§713 Z 5Y:1~3:1Q~~~~ i~~~~ Q"t' ~'S~~~..~~ll~ty i ~ 9~3fi'e~88 }aFaaayl 3~8,~~L~~'40AQ -ATLANTIC 3EACH, FL 3e^233 -TEL: 2475826 -FAX: 2475877 .Age~F 3p.~~.,~y ae ay~~p '„ a+q 5~p,~ +yp~g~, ~r {{q, _ nr_: ~,~ ,3-.s„:~~~a4PF~6~"-FS'i&.bdRfCtsi~A4id,N f, '-~ -'~. .:. 1. _.... V. ... ..c.i.~E+e`Sx3ti'#.&"~LbWSJRFr'9't~si"~54:`L ~t ._ •~!>~ 'Permit Number: 22813 Address: 41 St~H STREET 1 Permit Type: R0064T ADDITION ATLANTIC BEACH, FL 32233 Class of V11ork: REMODEL Township: Range: Saole: _ i Proposed Use: SINGLE FAMILY ~ Lot(s): 8lacic: Section: ~ Square Feel: Subdivision: ATLANTIC BEACH Est: ValuE: Parcel Nuraaber: tii i imprav. Cost: 280,000.00; ;;, .. ~:,:.43~~t,EkJ~£9~a~T4ti~a3~, s r ,:.~,: Date Issued: 1 014 8/2 00 1 Nane: iVICGUiNNESS ~ ~ Total Fees: '1,830.00 Address: 41 STti STREET ~ Amount Pa:d 1,830 00 A~ NT~?C Sc4CH FL 3223~3~~ J ~ Daze Paid 1 010 812 0 0 1 ,Phone 000 OLV OOCO Mork Des.. ~aNSTRyUGTuROCftVI ADDlTIt~N/RCNO~lAT~a ' PEA PLANS ~1l'~)TH NOTES flN ALANSi "'' {~ .`-~ ~i'i ~s~:.T'~4:0~3~v~ .di ~'-T~ ~i'~ ~'i3 ~: .^'~S~ 5,• kv ~.`. ^N7 ~~ ~' `~ `PETER COALSQIV .* ~.-= r F .'~ ~'" PtR~M! f ;« ~ 1 5'S~- ~-- ~0 ~ ,~. .:. r~ UV(aL~R iMPFcC~' FcE ~~.. 280.00 ~ a~~, : .~-'~ I~ Cl~~u~ CO(~I~1E,GTit~~! ,~ i 35.00 .. y F k' G ~ ~ r; , ~~ r~ '~S.T i^.~ -}1-~ } - ' «.~ ~ L /M }(.Y1. we x t Yn! r .Y i. p ~. Wi. x a'5, 'N , u `~ i E ,~~~. ,i~Z ~*r... ~ tr~q '.ice T~ - r y ? ~ 1 r~er. ~, ~ ",i MN ? °' ~' ~S .~ rr "`v3 `~x.."P .t'. '~6'w ..:.; iwA~ .e'3 ^ .nN^..~^t .,`~e t '... ~.n FaaTr li~~ ,. 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