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31 Royal Palms Drive ZVAR18-0017 Staff Report CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. ZVAR18-0017 Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing cooler at 31 Royal Palms Drive (Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). LOCATION 31 Royal Palms Drive APPLICANT RSNS, LLC DATE November 8, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is RSNS, LLC, the owner of the shopping center located at 31 Royal Palms Drive, within the Commercial General (CG) zoning district. Currently, an outdoor cooler/storage structure belonging to the applicant is partially located on the applicant’s property as well as the neighboring property to the south (763 Atlantic Blvd). It is unclear exactly when the structure was installed but records suggest it was originally installed over 20 years ago without a permit from the City. The location of the unpermitted structure has resulted in legal and code enforcement actions involving the City, the applicant, and the neighboring property. In an attempt to resolve the issue, the applicant is requesting to change the southern property line so that the cooler is entirely on the applicant’s property. However, the cooler will not meet the required 5 foot side yard setback for the CG zoning district, resulting in the need for a variance. Page 2 of 3 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. (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 improvements on this property and the improvements on the neighboring property, 763 Atlantic Boulevard, were constructed prior to the current land development regulations. To resolve issues relating to the property boundary, the owners have agreed to terms that would modify the property boundary on the eastern ends of the properties. There will be no change in the location of the existing improvements. (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 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR18-0017, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing cooler at Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 31 Royal Palms Drive), 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 below. 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 deny ZVAR18-0017, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing cooler at Part of the Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 31 Royal Palms Drive), upon finding this request is not consistent with the definition of a variance, 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.