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03-25-19 Special-Called Meeting City of Atlantic Beach Agenda Special Called Meeting of the City Commission Monday, March 25, 2019 - *5:30 p.m. Commission Chamber City Hall, 800 Seminole Road *Please Note: This meeting was originally scheduled for 4:30 p.m., but the appellant was not available. PLEDGE TO THE FLAG Page 1. CALL TO ORDER 2. APPEAL OF THE COMMUNITY DEVELOPMENT BOARD'S DENIAL OF VARIANCE APPLICATION ZVAR19 - 0002 SUBMITTED BY GREGORY CARR, 574 N. NAUTICAL BOULEVARD. A. City Attorney Procedural Reminders CARR Process for Appeal 3 - 5 B. Disclosure of Ex Parte Communications, if any C. Swearing In of All Persons Who Will Speak D. City Staff Overview, Documentation and Presentation/Testimony Variance Application ZVAR19-0002 Staff Report ZVAR19-0002 Presentation ZVAR19-0002 CDB 7 - 24 E. Carr Documentation and Presentation/Testimony Appeal Application APP19-0001 25 - 27 F. Closing Comments by Staff and Carr G. Commission Deliberation and Action 3. ADJOURNMENT Please note: This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City’s website at www.coab.us. To access it, click on the City Commission Meeting Video tab on the home page. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Friday prior to the meeting. Page 1 of 27 Special Called Meeting of the City Commission - 25 Mar 2019 Page 2 of 27 01110816-1 PROCESS AND PROCEDURE AT CITY COMMISSION FOR APPEAL OF COMMUNITY DEVELOPMENT BOARD DECISION IN ZVAR-19-0002 Denial of Variance to Decrease Rear Yard Setback from Sixteen Feet to Thirteen Feet 574 N. Nautical Blvd. Pursuant to Sec. 24-49 of the Code of Ordinances (“LDR’s”) and case law from the Wolfson v. City of Atlantic Beach litigation, the Commission’s review of the appeal shall be limited to a consideration of only the record before the Community Development Board (“CDB”) (no new evidence) to determine: Whether the decision by the CDB to deny the requested variance was in conflict with or in violation of the Land Development Regulations, specifically in this case, Section 24-64, Variances. Because no new evidence is allowed in accordance with the Wolfson case law, no public comment will be accepted during the appeal hearing. Documents for review prior to hearing:  Record Below - (consisting of the full record considered by the CDB at the February 19, 2019 hearing and the minutes of the February 19, 2019 CDB meeting);  Appeal Notice submitted by the Appellant/Application, Mr. Gregory Carr, dated March 1, 2019; and  Related Ordinances (consisting of Sec. 24-49 regarding appeals from decisions of the CDB, Sec. 24-64 regarding variances, Sec. 24-17, definition of Variance, Sec. 24-83, regarding permitted projections into rear yards, and Sec. 24-106, RS-2 zoning district regulations) attached hereto. Hearing: No new evidence is taken. Decision is limited to the record.  City Attorney – Procedural history/reminders  Disclosure of Ex Parte Communications by Commission, if any  City Staff Overview, documentation/presentation – up to a total of 20 minutes (For example, may be broken up into 15 minutes for argument and 5 minutes for rebuttal/closing comments.)  Appellant/Application – Mr. Carr documentation/presentation – up to a total of 20 minutes (For example, may be broken up into 15 minutes for argument and 5 minutes for rebuttal/closing comments.) After both presentations and closing comments/rebuttal, ending with the Appellant/Applicant, the Commission will deliberate and take action. The Commission may:  Affirm the decision of the CDB (i.e., deny the appeal);  Reverse the decision of the CDB (i.e., grant the appeal and approve the variance); or  Modify the CDB decision (i.e., grant the appeal with conditions acceptable to the Appellant).  If the Commission determines the decision by the CDB was correct (i.e., not in conflict with nor in violation of the LDR’s), it should adopt an Order affirming the CDB’s decision.  If the Commission determines the decision was incorrect (i.e., in conflict with or in violation of the LDR’s), the Commission may grant the appeal and (1) approve the variance; or (2) approve the variance with conditions acceptable to the Appellant and adopt an Order so providing. Agenda Item #2.A. 25 Mar 2019 Page 3 of 27 01110816-1 Related Ordinances Sec. 24-49 – Appeals. Appeals of administrative decisions made by the community development director and 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 the 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, requirements, 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. Sec. 24-64 – Variances. (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 and 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 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. Sec. 24-17 – Definitions Variance. A variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Agenda Item #2.A. 25 Mar 2019 Page 4 of 27 01110816-1 Sec. 24-83. – Required yards and permitted projections into required yards. (b) Structural projections. Architectural features such as eaves and cornices, and cantilevered bay windows, open balconies and porches may project a distance not to exceed forty-eight (48) inches into required front and rear yards. Such balconies and porches may be covered, but shall not be enclosed in any manner, except that balconies and porches within rear yards may be enclosed with screening only. Eaves and cornices, cantilevered bay windows, chimneys, and architectural elements intended to create design relief along the side wall plane may project into required side yards, but not beyond twenty-four (24) inches. Sec. 24-106. – Residential single-family district (RS-2). (e) Minimum yard requirements. The minimum yard requirements within the RS-2 zoning district shall be: (1) Front yard: Twenty (20) feet (2) Rear yard: Twenty (20) feet (3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side. Agenda Item #2.A. 25 Mar 2019 Page 5 of 27 Page 6 of 27 V FOR INTERNALOFFICEUSE ONLY City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach,FL32233 (P)904—247—58OO APPLICANT INFORMATION NAME Gre?or?Carr EMAIL 3COct2'+C'PCldlacom ADDRESS 574 ft/,w.,;.I,¢¢I give;M,CITY g+[M~+,~a5e<.d\STATE EL:ZIP CODE 3;,1=9\33 PHONE#CELL#%(+-c,5-4-19PROPERTYLOCATION35‘5 f:>g-(K3 RE#[-1 (j‘“‘)():g Q33;BLOCK#3 LOT#44 LOT/PARCELSIZE ,5 X {fig}4}ZONING CODE g 31-,1 UTILITYPROVIDER,C,,q_5 N IC ,6\J5,‘.mj}gcpotw?lcj"low Fesfciencsxj PROVISIONFROM WHICHVARIANCEIS REQUESTED R,2 M .3“Cir 56 If;I;;¢,_¢,(<~ COMPREHENSIVEPLANFUTURELANDUSE DESIGNATION Homeowner's Associat'n or Architectural Review Committee approval required forthe proposed Constructi?h l:|YES NO (if yes,this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance,which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations,a copy of which is attached to this application.Statement and site plan must clearly IdescribeanddepicttheVariancethatisrequested. PROVIDE ALLOF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1.Proof of ownership:deed or certificate by lawyer or abstract or title company that verifies record owner as above 2.lfthe applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application D 3.Survey and legal description of property for which Variance is sought 4.Required number of copies:four (4)copies,except where original plans,photoqraphs or documents that are not Iarcierthan 11x17 inches are submitted,please provide eight (8)Copies of any such documents 5.Application fee of $250.00 I HEREBYCERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent Can/x Give M3 C/’~'”f’/$49‘//‘7SIGNATUOFALICANTPRINTORTYAMEDA SIGNATUREOF APPLICANT(2)PRINTOR TYPENAME DATE 7"R Signed and sworn before me on this 2 L/clayof (3Y‘“€Z0/lm%Carr tlarzvaIrét,Z0I‘[by Identification verified:\/E K I»I ‘I’E./I/SE Oath Sworn:es I’-t ,JOSHUADAVIDEFIHEY ‘NotaryPublic,StateofFlorida ,I Commisslonilas 252584 30/5'9“at”“°— FlLE#Z v P43[Q -000 Mycomm.expiresAug.26,2022 79 VARIANCEAPPLICATION03.07.2 :' '’My Commission expires Agenda Item #2.D. 25 Mar 2019 Page 7 of 27 The sonsfor which a Variance may be approved,please check thecircumstancesthatapplytoyourrequestandbrieflydescribeinthespaceprovided. Grounds for approval of a Variance:A Variance may be granted at the discretionofthe Community Development Board,for thefollowingreasons. D 1.Exceptional topographic conditionsof or near the property masurroundingconditionsorcircumstancesimpacting the property disparatelyfrom nearby properties “T'lr\¢.a 0:K,€,\/‘{:'[o’_'3Fc.lZF9r)lq‘H"<?cJl‘H./15 l"¢‘J5€"{:c3r‘~‘t’C\"ii‘L“L<J<Oi’?»“’V\‘jlat-+Rcvncxenij)””+1“€(l°+0*“‘3+€—'C£-ti [Q/]3.Exceptional circumstancespreventing the reasonable use of the property as compared to other properties in the area (7/5u,,a>-'5 pa-r £10-_)_g.€’[5 $571‘:b¢LCK+$o~Fo..r~5 n‘im 3 lot’-l:I \,L';C‘:~S‘\ ”‘)6"l\v A _ ’ v_,-_/V :—.c,~—*='~:rr»cf>rl‘~’I er a an:“veganleaveasrvwcl?(00?/i ‘+0 CU‘/4 "‘lf’°‘°Q”U»)V‘U K E 4.Onerous effect of regulations enacted after platting or after development of the property or after construction ofimprovementsupontheproperty E]5.Irregular shape of the property warranting special consideration D 6.Substandard size ofa Lot or Record warranting a Variance in order to provide for the reasonable use ofthe property of a Variance. d.Waiting period for re—submittal.if an application for a Variance is denied by the CommunityDevelopment Board,no furtheractiononAnotherapplicationforsubstantiallythesamerequestonthesamepropertyshallbeacceptedfor365daysfromthedateofdenial. f.A Variance,which involves the Development of Land,shall be transferable and shall run with the title to the Property unlessotherwisestipulatedbytheCommunityDevelopmentBoard.” T g‘ 19 VARIANCEAPPLICATION03.01.2018 nmmm -..mmmm.. Agenda Item #2.D. 25 Mar 2019 Page 8 of 27 .,.rm---»w.;m...,,,‘..,,7,,m ,3“..,.,“,...,.,¢,r...,...m..,...,,,:,,.«.....;,»..,..=A.;.««,...,...-.‘z\l4:.;v1->13;..4»;..—.,.m..,..~;,-.,v:..~WA...“nu.:....,=,ru..mw.~..-..w.—,wW ..’nvjg:~"/‘v;[r.|hAv*,}/(£4!a('w\A‘1uBl*f‘J4n»')$JN;4"JV‘:,€42 ..v_.w.-‘W.,N.‘-..pm.;,.,...:w:...»,.~wmm;...».~...m..~...;.,..,.,..,.-...:,,m,;...,..,~..«..~,,;,,.,,«,,_—..,‘,—.».w.—»~..ADDHLIONALcommams: I rvamtULiS<f W":U)#7”}I I (5 V7‘5.3€?”T')Zf!/<}3.qr"L_.1.;‘2 43$“!3+J‘“m‘s;2. $,_. WT (:3.3m x("’‘s;::3/(L:a_<;"IL}M CA W151X"I WIL4 WI \/‘‘~'’~~(”55’”C (3 6 ..,—. ’5291;?4:2\.M.Se;.?\ie?m~R«:«:'I”(ar»>r‘~"»(%4»lLj(£'~’5~5>*’Sf 1 (“gfq_:( $§cx’+icaC<3\,».e=.—~c:W“i *1‘5‘\€i:~L:>cL<:it c349 "?g m""<"){” g19VAR/ANCEAPPLICATION03.01.2018 Agenda Item #2.D. 25 Mar 2019 Page 9 of 27 PREPARED BY and RETURN TO: William T.(Tom)Edwards,Jr.,Esquire THE EDWARDS LAW FIRM A Professional Association 1726 Kingsley Avenue,Suite 18 (Third Floor)B3?n3;e2rOga7;¥,1171’OR BK13913 Page 1274‘ Orange Park:Florida 32073 Filed &Recorded04/10/2007 at 03:00 PM, JIM FULLERCLERK CIRCUIT COURT DUVALCOUNTY RECORDING $10.00 DEED DOC ST $0.70 Parcel ID No:170703 0352 WARRANTY DEED THIS WARRANTY DEED made on March 05,2007 by GREGORYA.CARR,’a single man,whosepostoffice address is 574 Nautical Boulevard North,Atlantic Beach,Florida 32233,hereinafter called the grantor(s),to GREGORY A.CAR,Trustee,or his successors in trust,under the GREGORYA.CARR LIVING TRUST,dated March 05,2007 and any amendmentsthereto,whose post of?ce address is 574 Nautical Boulevard North,Atlantic Beach,Florida 32233,hereinafter called the grantees. (Wherever used herein the term "grantor"and "grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESSETH:That the grantor,for and in no consideration (ZERO DOLLARS),hereby grants,bargains,sells aliens, remises,releases,conveys and confirms unto the grantee,the following described land,situate,lying and being in the County of Duval,State of Florida to wit: Lot 4,Block 3,Seaspray,according to plat thereof recorded in Plat Book 35,pages 64 and 64A,of the current public records of Duval County,Florida. FOR THE GRANTOR’S LIFETINIE he shall be entitled to full use and possession of any non—incomeproducing real estate owned by the trust,speci?cally including his residence.‘ TOGETHER,with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT to covenants,easements,restrictions and indebtedness of record,if any. AND the grantor hereby covenants with said grantee that the grantor is lawfully seizedof said land in fee simple;that the grantor has good right and law?il authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the law?tl claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes ’ accruing subsequent to December 31,2006. Agenda Item #2.D. 25 Mar 2019 Page 10 of 27 H Home (defultaspx) ‘»g vi (iv ‘‘Vow <.W I"‘ Agenda Item #2.D. 25 Mar 2019 Page 11 of 27 '"~:‘-'33!’-'£3«7i'~ti"-'.‘|....41,’*‘|-—:vV.t WEE” ‘ .?u“ ~ ?y.' Vr731,3-.1--" ‘..:.'-.-«.\‘.,»q1._>_r’-3,7,-«.‘\.i'1‘x-x-4, £9*-'§fm..» ,'.I .‘V3’ #1.‘: mu""'5 7+“a\(T) Agenda Item #2.D. 25 Mar 2019 Page 12 of 27 Broedell,Brian From:Gregory Carr <gcoct24@aol.com> Sent:'Tuesday,January 29,2019 2:11 PM To:Broedell,Brian Subject:Re:Variance Application Mr.Broedell, It would be the latter.The proposed patio cover would go 7 feet or less into the 20 foot setback and be at least 13 feet from the rear property line.Thank you Sent from my iPhone On Jan 29,2019,at 8:27 AM,Broedell,Brian <bbroedell@coab.us>wrote: Mr.Carr, Regarding your variance application,when you state you are requesting a variance of 7 feet do you mean the proposed patio cover would be 7 feet from the rear property line or that the proposed patio cover will go 7 feet into the required 20 foot rear setback and be 13 feet from the rear property line? Thank you, Brian Broedell Planner City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL32233 (904)247-5822 bbroede|l@coab.us Agenda Item #2.D. 25 Mar 2019 Page 13 of 27 Page 14 of 27 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR19-0002 Request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray). LOCATION 574 N Nautical Boulevard APPLICANT Gregory Carr DATE February 11, 2019 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Gregory Carr, the owner of 574 N Nautical Boulevard. The property is zoned residential, single-family (RS-2) and includes a single family home built in 1976. The home has a concrete patio in the backyard where the applicant uses his grill and smoker. The applicant is proposing to install posts and a roof over this concrete pad to provide shelter from the rain. The proposed covered patio would extend 10 feet from the back of the house, resulting in the porch being located 13 feet from the rear lot line. The required rear yard setback is 20 feet. Section 24-83(b) allows open porches to project up to 4 feet into required rear yard setbacks, meaning the open porch could be located 16 feet from the rear lot line. The proposed porch would project 7 feet into the required rear setback, 3 feet beyond the allowed projection for porches. Agenda Item #2.D. 25 Mar 2019 Page 15 of 27 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. The applicant stated that the developer built the house further back on his lot than any other house on his street. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that his house is setback so far on the lot that it does not leave as much room to build a patio cover as his neighbors have. (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. Agenda Item #2.D. 25 Mar 2019 Page 16 of 27 Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR19-0002, request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray), 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 ZVAR19-0002, request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray). 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 threa ts 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. Agenda Item #2.D. 25 Mar 2019 Page 17 of 27 Page 18 of 27 Request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray). ZVAR19-0002 A g e n d a I t e m # 2 . D . 2 5 M a r 2 0 1 9 P a g e 1 9 o f 2 7 Site Context and Detail Residential Single Family (RS-2) Zoning Lot is 75 feet wide by 100 feet deep Existing home built in 1976 A g e n d a I t e m # 2 . D . 2 5 M a r 2 0 1 9 P a g e 2 0 o f 2 7 Proposed Plan Request to construct an open porch over an existing concrete pad on the back of the house. Porch would be 13 feet from rear lot line and extend 10 feet from the existing house. A g e n d a I t e m # 2 . D . 2 5 M a r 2 0 1 9 P a g e 2 1 o f 2 7 Need for a Variance Section 24-83 allows open porches to project up to 4 feet into required 20 foot rear yard setback, essentially making the required rear setback 16 feet The proposed porch would only be 13 feet from the rear lot line A g e n d a I t e m # 2 . D . 2 5 M a r 2 0 1 9 P a g e 2 2 o f 2 7 Analysis and Concerns Purpose of the porch is to provide cover from rain Allowed to have a porch that extends 7 feet from the back of the house (asking for 10 feet) House was built in 1976 A g e n d a I t e m # 2 . D . 2 5 M a r 2 0 1 9 P a g e 2 3 o f 2 7 Grounds for Decision APPROVAL-existence of one or more of the following DENIAL-adverse impact on one or more of the following 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 improvement 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. 1.Light and air to adjacent properties. 2.Congestion of streets. 3.Public safety, including risk of fire, flood, crime or other threats to public safety. 4.Established property values. 5.The aesthetic environment of the community. 6.The natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, protected trees or other significant environmental resources. 7.The general health, welfare or beauty of the community. A g e n d a I t e m # 2 . 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