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Agenda2012_02-01 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 meeting and make comments regarding agenda items, or comments may be mailed to the address above. Persons appealing decision made by the Community Development Board with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceedings, including the testimony and evidence upon which any appeal is based, is made. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding 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. FEBRUARY 1, 2012 SPECIAL MEETING CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD SPECIAL MEETING Wednesday | February 1, 2012 | 6:00pm Commission Chambers | 800 Seminole Road 1. Call to order. 2. Approval of minutes of the January 17, 2012 meeting. 3. Recognition of Visitors. 4. Old Business. a. ZVAR-11-00100065-A.1, Harkleroad, 2019 Beach Avenue. Request for an amendment to previously granted variance [ZVAR-11-00100065] from Section 24-106(e)(2), further reducing the required rear yard setback for a principal structure from twenty (20) feet to four and one-half (4 ½) feet, for an additional reduction of five and one-half (5 ½) feet, within the Residential Single Family (RS-2) Zoning District on a property located at 2019 Beach Avenue. 5. New Business. a. ORDINANCE NO 90-12-XX Recommendation to the City Commission to amend Section 24-151, to establish a minimum required separation of six (6) feet between accessory buildings and structures and other buildings and structures; to correct four (4) incorrect references in the existing provisions; and to reorder subsection 24-151(b)(2), grouping those provisions related to use and those related to dimensions. 6. Other Business Not Requiring Action. None. 7. Adjournment. Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board Page 1 of 6 1 2 MINUTES OF THE REGULAR MEETING OF THE 3 COMMUNITY DEVELOPMENT BOARD 4 January 17, 2012 5 1. CALL TO ORDER. – 6:10pm 6 Commencement of the meeting was delayed due to a sporting event taking place at Russell Park 7 and impacting the availability of parking. Vice Chair Kirk Hansen verified presence of a quorum 8 with the attendance of Jason Burgess, Kirk Hansen, Harley Parkes and Brea Paul and called the 9 meeting to order at 6:10pm. Chair Chris Lambertson arrived at 6:42pm. Kelly Elmore and 10 Patrick Stratton were absent. Also in attendance were Principal Planner Erika Hall and Building 11 Official Michael Griffin. 12 2. ADOPTION OF MEETING MINUTES – DECEMBER 20, 2011. 13 Mr. Hansen called for a motion to approve the minutes of the December 20, 2011 meeting. 14 MOTION: Mr. Parkes moved to approve and adopt the minutes of the December 20, 2011 15 meeting, as written. The motion was seconded by Ms. Paul, and carried by a vote of 4-0. 16 3. RECOGNITION OF VISITORS. 17 There were no visitors in attendance. 18 4. OLD BUSINESS. There was no old business originally on the agenda, and the below 19 listed items was taken out of sequence and discussed at 6:45pm, after the conclusion of 20 public hearings for all New Business items, and only for the purpose of setting a date 21 for a special called public hearing to consider the application at a later date. 22 A. ZVAR -11 -00100065 23 APPLICANT: Carl Harkleroad (owner) 24 ADDRESS: 2019 Beach Avenue 25 REQUEST: Scheduling of a Special Meeting to consider an amendment to the 26 previously granted variance, due to a possible error in the submitted 27 survey. 28 Ms. Hall told the Board this application was received after closing of the agenda item 29 submittal period, and the applicant was notified that the next regularly scheduled meeting 30 would be on February 21, 2012. Because of a purported error in the survey (site plan) 31 originally submitted for building permits and the previous variance) a Stop Work Order has 32 been issued by the Building Department, and it is the applicant’s desire to resolve the matter 33 well before the next regular meeting. 34 Property owner Carl Harkleroad addressed the Board and confirmed that a Stop Work Order 35 had been issued due to a discrepancy discovered between a newly certified survey and one 36 obtained at the time of purchase of the property. At that time, Mr. Harkleroad presented Ms. 37 Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board Page 2 of 6 Hall with a copy of a survey that he stated was obtained at the time of purchase in 2010, and 38 Ms. Hall noted this on the submittal. Mr. Harkleroad continued that because the variance 39 granted last month was based upon what is not considered to be an erroneous survey, he is 40 seeking an amendment to that variance to ensure the legal conformity of property. 41 Ms. Hall explained several factors dictate the scheduling of such a special meeting. First and 42 foremost, there are statutory requirements for public notice. At a minimum, notice must be 43 posted on the property one week prior to any public hearing. Second, availability of facilities 44 must be confirmed. Ms. Hall displayed the booking calendar for the Commission Chamber, 45 and indicated that due to time required to prepare a staff report and get it to the Board for 46 review, give sufficient public notice, and accommodate the presidential primary election 47 scheduled for January 31st, it looked like Wednesday February 1st would be the first possible 48 date for a special meeting. Board members reviewed the calendar, discussed their schedules 49 and concurred that a special called public hearing would be scheduled for February 1, 2012. 50 5. NEW BUSINESS. 51 A. ZVAR -12-001000001 52 APPLICANT: Jennifer Lada 53 ADDRESS: 1224 Ocean Boulevard 54 REQUEST: Variance from Section 24-151(b)(1)f, reducing the required side yard 55 setback for an accessory structure (pergola) from five (5) feet to one 56 (1) foot; increasing the permitted area for an accessory structure 57 (pergola) from one hundred fifty (150) square feet to approximately 58 two-hundred twenty-five (225) square feet; increasing the maximum 59 height for an accessory structure (pergola) from twelve (12) feet to 60 fifteen (15) feet, within the Residential Single-Family (RS-2) Zoning 61 District on a property located at 1224 Ocean Boulevard. 62 63 Ms. Hall introduced the item and explained that this application came to the Board as the 64 result of Code Enforcement action regarding an accessory structure – a pergola – that had 65 been constructed to completion on the subject property without benefit of a building permit. 66 Planning staff was consulted on November 2, 2011 to determine compliance with the Land 67 Development Regulations. Upon review of photographs submitted by Code Enforcement and 68 a survey dated August 16, 2010 submitted by the property owner, staff estimated the area of 69 the pergola (excluding overhang of eaves) to be approximately two-hundred twenty-five 70 (225) square feet and the setback (including overhang of eaves) to be approximately one (1) 71 foot from the side lot line. Ms Hall said she was unable to determine the precise height of the 72 structure, but based upon estimations from the Building Official and the Building Inspector, it 73 appeared to be well in excess of the maximum height limit for such a structure. Having made 74 this determination, Ms. Hall advised Ms. Lada of her option to remove the structure, bring it 75 into compliance or apply for a variance. 76 Jennifer Lada, 1224 Ocean Boulevard, addressed the Board and confirmed she was unaware 77 of the building permit requirements when she constructed the pergola. However, she said that 78 she had received nothing but complements on the structure, and she presented the Board with 79 signatures of neighboring property owners who supported this variance request. Ms. Lada 80 also said that she had measured the height of the structure as one hundred forty-six (146) 81 inches, or just over the permitted twelve (12) foot maximum height, but she did not indicate if 82 this measure was taken from the interior or exterior. 83 84 Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board Page 3 of 6 Mr. Ha nsen opened the floor to public comment and with there being none, closed that 85 portion of the hearing and brought the item back to the Board for discussion. Mr. Parkes 86 asked if Ms. Lada had employed a contractor, and she replied that her father and a friend had 87 built the structure. Ms. Lada also noted that upon receipt of the notice of violation from Code 88 Enforcement that she had spoken with Board member Chris Lambertson (not currently 89 present) to find out what she needed to do. 90 Mr. Hansen expressed frustration felt by all Board members in such a case, when something 91 is clearly an aesthetically pleasing and desirable amenity to property owners, but just as 92 clearly in contradiction to the provision of the code. Mr. Parkes reiterated that while he 93 thought the structure looked nice and realized neighbors did not object, it was not properly 94 located, and Ms. Paul concurred. Mr. Burgess added that the request was not a just a matter 95 of slight variance, but fairly substantial deviation from two of the three applicable standards. 96 He noted that while the height was probably negligible based upon information provided by 97 Ms. Lada earlier, the fifty (50) percent increase in area and the eighty (80) percent reduction 98 in setback were not. 99 Mr. Hansen said that the difficulty of the Board’s deliberation was compounded by the fact 100 that the structure had already been constructed, and while it is hard to tell a property owner 101 that they will have to remove a structure, the Board also has a duty to uphold the processes 102 and provisions of the code that others have gone to lengths and expenses to ensure 103 compliance. And he reiterated that approval of something blatantly nonconforming to the 104 code, and with no reasonable grounds for approval consistent with Section 24-64 would 105 likely open a Pandora’s box of unjustifiable requests. With no further discussion from the 106 Board, Mr. Hansen called for a motion. 107 MOTION: Mr. Parkes moved to deny ZVAR-12-00100001, request for a variance from 108 Section 24-151(b)(1)f, reducing the required side yard setback for an accessory structure 109 (pergola) from five (5) feet to one (1) foot, and increasing the permitted area for an accessory 110 structure (pergola) from one hundred fifty (150) square feet to approximately two hundred 111 twenty-five (225) square feet, on a property located within the Residential Single Family 112 (RS-2) Zoning District at 1224 Ocean Boulevard, finding that though the structure was 113 aesthetically pleasing and non-objectionable to adjacent property owners, none of the specific 114 grounds for approval of a variance as provided in Section 24-64 of the Land Development 115 Regulations were met, nor were there any extenuating circumstances justifying the 116 noncompliance with development regulations or failure to obtain a building permit. The 117 motion, seconded by Ms. Paul, carried unanimously, 4-0. 118 B. UBE-12-00100005 119 APPLICANT: CARBUYERLINK.COM LLC DBA Beachside Ride, Dominic Jacobellis 120 ADDRESS: 1800 Mayport Road, Suite 12* 121 REQUEST: Request for a use-by-exception to sell used automobile, including 122 pre-sale servicing and conditioning of automobiles but no heavy 123 automotive repair or body work, as is consistent with Section 24-124 111(c)(10), within the Commercial General (CG) Zoning District on 125 a property located at 1800 Mayport Road, Suite 12. 126 Ms. Hall noted that the address as provided on the application is 1800 Mayport Road, Suite 127 12, but the main address of the subject property, according to the Duval County Property 128 Appraiser’s Office, is 1830 Mayport Road, though there are multiple units located on the 129 Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board Page 4 of 6 particular property, and the several other adjacent parcels are also owned by the same 130 property owner. 131 Ms. Hall provided an overview of automotive-related uses historically found within this area 132 of the Mayport Road corridor, and confirmed that the area had been classified as “commercial 133 intensive” a number of years ago. She explained that more recently, the City Commission has 134 expressed a desire to move away from those more intensive uses, even going so far as to 135 adopt Ordinance No. 90-06-197 on December 11, 2006, completely prohibiting heavy 136 automotive repair from the CG zone. Ms. Hall provided the definition of heavy automotive 137 repair as “the rebuilding or reconditioning of motor vehicles or parts thereof, including 138 collision service, painting and steam cleaning of vehicles”, and added that minor automotive 139 repair – such as oil changes, brake service, tire repair and/or replacement – with accessory car 140 washes, is still a permitted use per Section 24-111(b)(9). Similarly, the sale of new and used 141 automobiles is still a permitted use-by-exception within the CG zoning district, per Section 142 24-111(c)(10) and with the approval of the City Commission. 143 Ms. Hall then provided a brief history of applications for similar use by exceptions that have 144 come before the Community Development Board for recommendation for approval over the 145 last ten years. Of those, she noted prior to adoption of Ordinance No. 90-06-197, three 146 requests for heavy repair and/or body work, one request for used sales and three request for 147 sales and service were approved. One application for used automotive sales only was denied 148 in October 2005. Since 2007, there have only been two requests, both being for used sales 149 only, with one application being withdrawn by the applicant and the other being approved but 150 limited to a two year period. That approval was for the parcel immediately to the north of the 151 property subject to this request, and the rationale behind the time limit was to allow an 152 opportunity for economic recovery as the applicants had expressed a desire to eventually 153 redevelop the property for less intensive retail uses. 154 Dominic Jacobellis, owner of Carbuyerlink.com, LLC, addressed the Board regarding his 155 request, stating that he is licensed, insured and bonded as an automotive dealer, and that he 156 has operated his business from a Westside location on Cassat Avenue for a year, but he wishes 157 to relocate to Atlantic Beach. He said he is targeting a clientele consisting of navy personnel 158 and professionals with expendable cash and a desire to own upper end models. He said he 159 anticipates ten to twelve later-model vehicles, typically with no more than 80,000 miles, will 160 be kept on site, and services will not exceed the definition of minor automotive repair, 161 consisting of primarily pre-sale conditioning, such as oil changes, tire replacement and 162 detailing. Mr. Jacobellis reiterated that it was his goal to acquire and sale automobiles that 163 are already in good condition, because anything more involved than a minor repair was not 164 profitable, and it was his desire to provide good, clean and reliable transportation at an 165 affordable price. 166 Mr. Hansen asked what the hours of operation would be, and Mr. Jacobellis responded that 167 this was a family business, to be run primarily by him and his father. Most showings will be 168 by appointment and at no time does he anticipate hours to extend beyond dusk, primarily 169 because he wishes to be at home spending time with his family, but also because there is a 170 lack of outdoor lighting on the premises. Mr. Hansen opened the hearing for public 171 comment. 172 Melvin Petiet, 1059 Mimosa Court, spoke to the Board regarding a similar situation in 173 Springfield (downtown Jacksonville) in which the local governing board decided to prohibit 174 automotive-related uses. He said in time, other uses such as coffee shops and restaurants 175 Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board Page 5 of 6 began to leave because they had counted amongst their patrons not only the patrons of the 176 automotive businesses, but also their employees. He added that once the providers of such 177 basic goods and services depart, it is not long before residents also leave and serious crime 178 moves in. 179 With no additional comment from the public, Mr. Hansen closed that portion of the hearing 180 and invited questions from the Board. Ms. Paul agreed with the points made by Mr. Petiet 181 and said that such business serve a vital function for the community, and Mr. Parkes agreed 182 the proposed business is typical of Mayport Road. 183 [Chris Lambertson arrived at 6:42pm] 184 Mr. Hansen said that given current economic conditions and the uncertainty of what is going 185 to happen locally [regarding NS Mayport], he was hesitant to place a time limit on a business, 186 but would prefer to stipulate a two-year compliance review. With no additional questions 187 from the Board and no further discussion, Mr. Hansen called for a motion. 188 MOTION: Mr. Parkes moved that the Board recommend to the City Commission approval 189 of UBE-12-00100005, request for a use-by-exception to sell used automobiles within the 190 Commercial General (CG) Zoning District on a property located at 1800 Mayport Road, Suite 191 12, finding that such use is consistent with provisions of Section 24-111(c)(10), and that the 192 proposed pre-sale servicing and conditioning of automobiles is consistent with the definition 193 of minor automotive repair, as permitted by right, by Section 24-111(b)(9). The motion, 194 seconded by Mr. Burgess, carried unanimously, 5-0. Ms. Hall informed Mr. Jacobellis that 195 the Board’s recommendation would now be forwarded to the City Commission for final 196 action, and that she would contact him with information regarding that meeting within a 197 couple of days. 198 6. OTHER BUSINESS NOT REQUIRING ACTION. 199 A. Land Development Regulations addressing minimum accessory structure separation. 200 201 Ms. Hall provided Board members with examples of minimum required separation between 202 accessory structures within other municipalities, as requested at the December meeting. She 203 said of the approximately twenty municipalities she had looked at, eleven specified some sort 204 of separation. Most required a minimum of ten (10) feet separation between an accessory 205 structure and any other structure, while several differentiated by building type, requiring ten 206 (10) feet in accessory-principal scenarios and six (6) feet in accessory-accessory scenarios. 207 And there were outliers, such as Coconut Creek, that required twenty-five (25) feet between 208 accessories and principal buildings in residential zones. 209 210 Mr. Lambertson noted that neither Neptune Beach nor Jacksonville Beach were included in 211 the list of municipalities looked at, and asked what the requirements were for those cities. 212 Ms. Hall replied that she had not completed her research and had not had time to look into 213 Neptune Beach, but had checked both Jacksonville and Jacksonville Beach, and neither of 214 those cities specified a minimum separation. Mr. Parkes agreed that he was unaware of any 215 minimum required separation in either. He added that, as discussed at the time the minimum 216 separation requirement was removed from the Atlantic Beach code a couple of years ago, he 217 felt ten (10) feet was too much, especially on the typical lot, which is small by most 218 standards, and he did not support returning to that dimension. Other Board members 219 generally concurred, expressing the need for some dimension that clearly indicated separation 220 Draft Minutes of the January 17, 2012 regular meeting of the Community Development Board Page 6 of 6 and detachment, but that was not so great as to limit property owner’s potential to develop 221 their property with permissible accessory structures. The Board agreed that given the typical 222 lot in Atlantic Beach, a minimum required separation of six (6) feet between structures of all 223 types should be sufficient. 224 225 Ms. Hall noted that several codes included language to the effect that structures located closer 226 than the required minimum separation would be considered as attached, and therefore would 227 be required to meet the minimum yard setbacks for the principal or larger structure type. For 228 instance, if the minimum required separation was six (6) feet, and a garage was constructed 229 only four (4) feet from the principal structure, then by definition, that garage would be 230 considered attached and part of the principal structure, and therefore would have to meet a 231 twenty (20) foot rear yard setback, as opposed to a ten (10) foot setback for a two-story 232 garage, or a five (5) foot setback for a one-story garage. 233 234 Mr. Lambertson asked that staff move forward with a draft of such a provision and bring it 235 back to the Board for review and recommendation to the City Commission. 236 237 7. ADJOURNMENT – 7:10 PM 238 239 _______________________________________ 240 Chris Lambertson, Chairman 241 242 243 _______________________________________ 244 Attest 245 AGENDA ITEM 4a FEBRUARY 1, 2012 SPECIAL MEETING COMMUNITY DEVELOPMENT STAFF REPORT February 1, 2012 Public Hearing Zoning Variance, ZVAR-11-00100065-A.1 TO: Community Development Board FROM: Erika Hall Principal Planner DATE: January 23, 2012 APPLICANT: Carl E Harkleroad 2019 Beach Avenue REQUEST: Request for an amendment to previously granted variance [ZVAR-11-00100065] from Section 24-106(e)(2), further reducing the required rear yard setback for a principal structure from twenty (20) feet to four and one-half (4 ½) feet [for an additional reduction of five and one-half (5 ½) feet], within the Residential Single Family (RS-2) Zoning District on a property located at 2019 Beach Avenue. STAFF COMMENTS Previously, the above referenced applicant requested a variance from Section 24-106(e)(2) to reduce the required rear yard setback for a principal structure from twenty (20) feet to ten (10) feet within the Residential Single Family (RS-2) Zoning District on a property located at 2019 Beach Avenue. On December 20, 2011, a public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board. Having considered the application, supporting documents and comments by staff and the applicant’s authorized agent, the Community Development Board unanimously approved the request, finding it consistent with Section 24-64(d)(4) of the Land Development Regulations establishing grounds for approval of a variance due to the onerous effect of regulations enacted after construction of improvements upon the property and an undue hardship resulting from mutual errors on the part of the City, due to process deficiencies, and on the part of the applicant, due to inconsistent submittals, and also finding that this variance request, like all others, stood on the merits of circumstances particular to it alone, and in no way constituted a precedence for future actions. However, since the granting of the above described variance, there have been two developments dictating reconsideration. First, northern adjacent property owner Richard Reichler has submitted a letter of objection and expressed intention to appeal the Board’s decision, of the original variance based upon purported inaccuracies in the survey submitted to the Building Department for permit issuance, and to the Planning & Zoning Department for the previous variance request. Additionally, Mr. Reichler has expressed concern regarding the applicant’s ability, based upon the granting of the variance – to now exceed the height and size limits once imposed on the previously FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 2 of 5 detached accessory units that are now considered part of the principal structure. Further, several Board members have contacted staff about this same issue, and are concerned over the impact of this “unintended consequence” of granting the original ten (10) foot rear yard setback to the principal structure. Second, because of concerns over purported inaccuracies in the survey, a new certified survey was required by the Building Department. As a result, it has been determined that both the original and revised site plans for the current project were drawn according to incorrect survey data, and the new certified survey indicates the western property line is approximately five and one-half (5 ½) feet further to the east than originally presented. This further decreases the remaining rear yard from the assumed ten (10) feet remaining after granting of ZVAR-11-00100065 to only four and one-half (4 ½) feet. Therefore, the applicant is now requesting an amendment to the original variance, decreasing the minimum required rear yard setback for a principal structure from twenty (20) feet to four and one-half (4 ½) feet. In the mean time, a STOP WORK ORDER was issued when the current error was brought to light, even though a substantial amount of construction has already been completed. Though both sides previously assumed a certain degree of responsibility for miscommunications, misrepresentations, and misunderstandings, the issue at hand now is clearly beyond the scope of liability for the City, and the Community Development Board may proceed according to the following provision: In exercising its powers, the Community Development Board may, in conformance with the provisions of this chapter, reverse, affirm or modify, in whole or in part, any previously rendered order, requirement, decision or determination provided such action is based upon inaccurate information. [Section 24-47(c)]. And thus the options available to the Board are as follows: 1. Reaffirm the previous order and approve the requested amendment, further reducing the minimum required rear yard setback for a principal structure within the RS-2 zoning district on a property located at 2019 Beach Avenue, from twenty (20) feet to four and one-half (4 ½) feet. The Board should keep in mind that the maximum height for principal structures is thirty-five (35) feet as opposed to twenty-five (25) feet for two-story detached accessories typically allowed to within ten (10) feet of the rear property line and, as opposed to fifteen (15) feet for one-story detached accessories typically allowed to within five (5) feet of the rear property line. While the Board may prescribe conditions [Section 24-64(g)], that essentially places a height limit on that portion of the building located within the reduced rear yard, such a condition could be difficult to monitor or enforce in the future. 2. Reaffirm the previous variance order but deny the requested amendment, thereby requiring any new construction encroaching beyond the ten (10) foot setback from the rear property line to be removed. 3. Deny the requested amendment and revoke the previous variance order, thereby requiring all new construction be completely removed. In this scenario, the original one-story, two-car detached garage would have to be restored to original horizontal and vertical dimensions, though it could still be re-oriented from a southern access to a western access. Likewise, the original breezeway separating the detached garage from the principal structure would have to be restored. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 3 of 5 In considering these options, the Board should carefully review the applicable provisions: SECTION 24-49. APPEALS. …appeals of final decisions of the Community Development Board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties. At the hearing, any party may appear in person, by agent or by attorney. (b) Appeals of decisions of the Community Development Board. Appeals of a decision of the Community Development Board may be made to the City Commission by any adversely affected person(s), any officer, board or department of the City affected by any decision of the Community Development Board made under the authority of this Chapter. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the City Commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this Chapter, in whole or in part, specifying the grounds of the conflict or violation. The petition shall be presented to the City Commission within thirty (30) days after the filing of the appeal with the City Clerk. SECTION 24-64. VARIANCES. A variance may be sought in accordance with this Section… (a) Application. A request for a variance shall be submitted on an application form as provided by the City and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner’s authorized agent. Written authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time, schedule the application for public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (1) 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. (2) The Community Development Board shall not grant a variance which would allow a use that is not a permitted use, or a permitted use-by-exception, in the applicable zoning district. In the case of an application for a use-by-exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use-by-exception by the City Commission. In the event that the use-by-exception is denied by the City Commission, any approved variances shall be rendered null and void. (3) The Community Development Board shall not approve any variance that would allow a use that is prohibited by the terms of this Chapter or the Comprehensive Plan. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 4 of 5 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (c) 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: (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 situations created by the property owner. (d) Grounds for approval of a variance. 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 or 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. (e) Approval of a variance. To approve an application for a variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the variance will be in harmony with the purpose and intent of this Chapter. In granting a variance, the Community Development Board may prescribe appropriate conditions in conformance with and to maintain consistency with City Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter, and shall be subject to established Code Enforcement procedures. (f) Approval of a lesser variance. The Community Development Board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this Section and with the purpose and intent of this Chapter. (g) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (h) Waiting period for re-submittal. If an application for a variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (i) Time period to implement variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The Community Development Director, upon finding good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 5 of 5 (j) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title of the property unless otherwise stipulated by the Community Development Board. ATTACHMENTS: Application for Variance (Amendment), ZVAR-11-00100065-A.1, including “Variance Request Statement” from owner’s agent, dated 01-11-2012, and received by the City of Atlantic Beach Building Department on the same date. Certified Boundary Survey from Atlantic Coast Surveyors, for Job # 10-2469, dated 10-28-10, and revised on 01-11-2012, and received by the City of Atlantic Beach Building Department on the same date. This survey shows the northwest corner of the existing garage to be 12.2’ from the rear (western) property line, the southwest corner of the existing garage to be 4.7’ from the rear property line, and the southwest corner of the new garage to be 4.5’ from the rear property line. Letter of Objection, from adjacent property owner Richard Reichler, dated 01-12-2012, received by Planning & Zoning staff via email on the same date. Revised Site Plan, drawn and annotated on top of a copy of a boundary survey from Atlantic Coast Surveyors (dated 10-28-2010) and submitted with original Application for Variance, ZVAR-11-00100065, received on 11-23-2011. This site plan shows the northwest corner of the existing garage to be 14.2’ from the rear (western) property line, and the southwest corner of the existing garage to be 10.0’ from the rear property line. The southwest corner of the new garage is shown to be 10.2’ from the rear property line. Copy of Boundary Survey from Atlantic Coast Surveyors, certified to Carl E Harkleroad and Judith M Harkleroad (purchasers), Old Republic National Title Insurance Company, and Crabtree and Fallar Title Services, Inc, and dated 10-28-2010, received by Planning & Zoning staff from Mr. Harkleroad on 01-17-2011 at 7:05pm at the regular meeting of the Community Development Board, held in Commission Chambers at 800 Seminole Road. According to this copy of a survey obtained by the current owner at time of purchase, the northwest corner of the existing detached garage is 14.2’ from the rear (western) property line, and the southwest corner of the same existing detached garage is 10.0’ from the rear property line. Copy of Map Showing Survey of “2019 Beach Avenue”, made for the benefit of Michael J and Michele R Curran, dated April 8, 2002 and signed by Donn W Boatwright, as received by the City of Atlantic Beach Building & Zoning on 04-12-2002. According to this copy of a survey obtained from the City archive files, the northwest corner of the existing detached garage is 12.2 feet from the rear (western) property line, and the southwest corner of the existing detached garage is 4.7’ from the rear (western) property line. Copy of Letter from City of Atlantic Beach (to Florida Department of Enviromental Protection) verifying that the project proposed for 2019 Beach Avenue, did not contravene local setback requirements, zoning or building codes, and was consistent with the state approved Local Comprehensive Plan, dated 08-02-2000 and signed by then-Building Official Don Ford and then-Zoning Director George Worley II. AGENDA ITEM 5a February 1, 2012 Special Meeting COMMUNITY DEVELOPMENT BOARD STAFF REPORT February 1, 2012 Public Hearing Proposed Ordinance 90-12-xx TO: Community Development Board FROM: Erika Hall Principal Planner DATE: January 20, 2012 REQUEST: Make recommendation to City Commission to amend Section 24-151, to establish a minimum required separation of six (6) feet between accessory buildings and structures and other buildings or structures; to correct four (4) incorrect references in the existing provisions; and to reorder subsection 24- 151(b)(2), grouping those provisions related to use and those related to dimensions. STAFF COMMENTS The Atlantic Beach Land Development Regulations currently lack a provision for minimum required separation between accessory buildings and structures and other buildings and structures on the same lot. This has been problematic in several instances when accessories have been proposed as detached but then are constructed mere inches apart from principal structures or other accessory structures, and still utilize reduced yard setbacks typical of accessory structures. Effectively, this results in a loophole that allows applicants to skirt the variance process and “technically” evade certain regulations – specifically minimum yard setbacks for principal structures and maximum footprint and/or height for accessory structures – as well as severely limit access for property maintenance, and emergency rescue, and potentially impact natural and built environment aesthetics. For all the reasons stated above, staff was requested to review minimum separation provisions of other jurisdictions and present findings to the Board. The table below is a summary of those provisions discussed at the January 17th meeting. February 1, 2012 Special Meeting AGENDA ITEM 5a Page 2 of 2 MINIMUM SEPARATION DIMENSION JURISDICTION ACCESSORY-PRINCIPAL ACCESSORY-ACCESSORY Atlantic Beach* NONE NONE Altamonte Springs 10’ 10’ Apopka 10’ 6’ Arcadia 10’ 10’ Boca Raton 10’ 10’ Cape Canaveral 10’ 10’ Coca 10’ 10’ Coconut Creek 25’ 25’ Dania Beach 15’ 10’ Gulfport 12’ 6’ Marco Island 10’ 10’ Neptune Beach 10’ NONE New Smyrna Beach 5’ 5’ Orlando 5’ 5’ Sanibel 10’ 6’ St Augustine 10’ 10’ Tallahassee 6’ 6’ Tarpon Springs 2’ 2’ *Per Section 24-89, Atlantic Beach does require a minimum separation of twenty (20) feet between principal structures and garage apartments / secondary dwelling units. The general consensus of the Board was that a six (6) foot separation should be sufficient distance from one accessory structure to another or from one accessory to a principal structure, due to the small lot size typical to most of Atlantic Beach, and staff was directed to prepare a revision to the Land Development Regulations incorporating such a language. A draft of the proposed ordinance, along with a strike-through/underline draft of Section 24-151 are attached for review and discussion. Below is a summary of changes: PAGE 1 LINE 31 Incorrect section reference corrected [red ink]. PAGE 2 LINE 65-67 Insertion of line break & indentation after “pools.”, to create new item “(a)” [red ink]. LINE 67-69 Relocation of third sentence from former item (c) [LINE 86-88, green ink] to new item “(a)”. LINE 70-73 Relocation of first sentence from former item (c) [LINE 81-84, green ink] to create new item “(b)”. LINE 71 Incorrect section reference corrected [red ink]. LINE 74 Deletion of line / indention associated with former beginning of subsection “(2)” [red ink]. LINE 75 Former item “(a)” renumbered to item “(c)” [red ink]. LINE 78 Former item “(b)” renumbered to item “(d)” [red ink]. LINE 81-84 Former item “(c)” relocated to create new item “(b)” [LINE 70-73, green ink]. LINE 85 Insertion of line break & indentation of second sentence of former item “(c)”, to create new item “(e)” [red ink]. LINE 86 Incorrect section references corrected [red ink]. LINE 86-88 Third sentence of former item “(c)” relocated to second sentence in new item “(a)” [LINE 67-69, green ink]. LINE 89-93 New item “(f)” created to add language regarding required separation of buildings or structures [red ink]. ORDINANCE NUMBER 90-12-__ AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90-01-172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING SECTION 24-151. ACCESSORY USES AND STRUCTURES, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach, pursuant to Chapter 163, Part II, Florida Statutes, Section 163.3164, Community Planning Act, and Section 24-4 of the Municipal Code of Ordinances, the City Commission has the authority to adopt and amend Land Development Regulations, and WHEREAS, pursuant to such authority, the City has adopted a Comprehensive Plan, and has adopted regulations to guide the future use and development of lands within the City, and WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for the City of Atlantic Beach on February 27, 2012. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Section 24-151, Accessory Uses and Structures, as set forth within the Land Development Regulations, is hereby amended and upon enactment shall read as set forth in Exhibit A, attached to and made part of this Ordinance. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Florida, in accordance with Section 125.68, Florida Statutes. Passed on first reading by the City Commission of the City of Atlantic Beach the 13th day of February, 2012. Passed on final reading and public hearing the 27th day of February, 2012. ___________________________________ LOUIS “MIKE” BORNO, JR Mayor | Presiding Officer Approved as to form and correctness: ___________________________________ ALAN C JENSEN, ESQUIRE City Attorney Attest: ___________________________________ DONNA L BARTLE, CMC City Clerk ORDINANCE 90-12-xx EXHIBIT A Section 24-151. Accessory uses and structures. 1 (a) Authorization. Accessory uses and structures are permitted within any zoning district, as set 2 forth within this section, where the accessory uses or structures are clearly ancillary, in 3 connection with, and incidental to the principal use allowed within the particular zoning district. 4 Any permanently located structure, including porches, decks and deck railings and the like, 5 which exceed thirty (30) inches in height, also including those which may not require a building 6 permit, are subject to applicable yard requirements unless otherwise provided for within this 7 section. Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated or 8 unsightly appearance, shall be repaired or removed upon order of the city, and shall become 9 subject to code enforcement action for failure to comply. However, temporary structures, such 10 as portable tents, canopies, awnings or other nonpermanent structures shall be limited to 11 special occasion use only, and for a period of not more than ninety-six (96) hours, i.e., four (4) 12 days. 13 (b) Accessory uses and structures by zoning district. 14 (1) Within all residential zoning districts. 15 a. Antenna structures for television and radio, but not microwave relay or commercial 16 transmission structures, television and radio antennae of the customary size and design 17 shall not count as accessory structures for the purposes of determining the number of 18 such structures, provided that only one (1) such structure is permitted per residence. 19 b. Children’s playhouse and/or juvenile play equipment provided such shall not be 20 permanently located within required front yards. 21 c. Guest house or guest quarters, provided that such are used only for intermittent and 22 temporary occupancy by a nonpaying guest or family member of the occupant of the 23 primary residence. A guest house or guest quarters shall not be rented for any period of 24 time and shall not contain a kitchen, but may contain a kitchenette as defined herein. 25 Further, a guest house or guest quarters shall not be used as, or converted to a dwelling 26 unit. A detached guest house or guest quarters shall not exceed the number of 27 buildings allowed on a lot as set forth within subsection 24-82(b). 28 d. Detached private garages, carports, guest houses or guest quarters, not to exceed six 29 hundred (600) square feet of lot area and fifteen (15) feet in height, except in 30 accordance with section 24-88 89 or the provisions of the following paragraph. Only 31 one (1) detached private garage, carport, guest house or guest quarters shall be allowed 32 on any single residential lot, and shall be a minimum distance of five (5) feet from rear 33 and side lot lines. Such detached structures exceeding six hundred (600) square feet of 34 lot area shall comply with applicable setbacks as established for the principal building. 35 e. Detached private garages, not to exceed six hundred (600) square feet of lot area may 36 be constructed to a height of twenty-five (25) feet provided that such structures shall 37 comply with applicable side yard requirements and shall be a minimum distance of ten 38 (10) feet from the rear lot line. 39 f. Gazebos and similar structures, not to exceed one hundred fifty (150) square feet and 40 twelve (12) feet in height and a minimum distance of five (5) feet from the rear and side 41 lot lines. 42 g. Private swimming pools in accordance with section 24-164. 43 h. Home office (but not home occupation). 44 i. Private ball courts and other similar private recreational uses. 45 j. Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or 46 constructed in fixed locations and made of wood, block, concrete or similar materials, 47 provided that these are not located within required front yards or the street side yards 48 on a corner lot. Due to excessive noise, which may result from the use of such ramps, 49 time of use shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Such ramps 50 shall be maintained in a safe and good condition, and shall be disassembled and 51 removed from the property if allowed to deteriorate to an unsafe or unsightly 52 appearance. 53 k. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve 54 (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any 55 single residential lot, and such structures shall be a minimum distance of five (5) feet 56 from the rear and side lot lines. 57 l. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs 58 such as awnings and the like, located a minimum of five (5) feet from any side or rear lot 59 line. Such screened enclosures shall not be allowed in front yards. 60 m. Personal pets, limited to those animals customarily considered as pets, and kept only on 61 the same premises of the occupant(s) of the principal residential building. 62 n. Outdoor shower enclosures and open exterior stairs within rear or side yards, located a 63 minimum of three (3) feet from side lot lines. 64 (2) In any zoning district, except as to private swimming pools. 65 a. All accessory uses and structures shall comply with the use limitations applicable to the 66 zoning district in which they are located. Space within an accessory structure shall not 67 be leased or used for any use, activity or purpose other than those typically incidental to 68 the use of the principal building. 69 b. No accessory structure shall be used as a residence, temporarily or permanently, except 70 in accordance with section 24-8889, and no accessory structure shall be used for any 71 commercial or business purpose unless approved as a home occupation in accordance 72 with the provisions of section 24-159 of this chapter. 73 (2) 74 a.c. Unless otherwise specified within this section, all accessory structures shall comply with 75 the land development regulations, including the minimum yard requirements applicable 76 to the zoning district in which they are located. 77 b.d. Unless otherwise specified within this section, accessory uses and structures shall not be 78 located within required front yards and shall not be closer than five (5) feet from any lot 79 line. 80 c. No accessory structure shall be used as a residence, temporarily or permanently, except 81 in accordance with section 24-88, and no accessory structure shall be used for any 82 commercial or business purpose unless approved as a home occupation in accordance 83 with the provisions of section 24-159 of this chapter. 84 e. Accessory structures shall not be more than fifteen (15) feet in height, except in 85 accordance with section 24-88 89 or preceding subsection (b)(1)de. Space within an 86 accessory structure shall not be leased or used for any use, activity or purpose other 87 than those typically incidental to the use of the principal building. 88 d.f. No accessory building or structure shall be located closer than six (6) feet to any other 89 building or structure on the same lot. Any accessory building or structure located closer 90 than six (6) feet to a principal structure shall be considered attached, and shall comply in 91 all respects with the lot, yard and scale limitations applicable to the zoning district in 92 which they are located. 93 Formatted: Indent: Left: 0.75", Hanging: 0.25" Formatted: Indent: Left: 0.75", Hanging: 0.25"