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04.16.2019 CDB Agenda Packet CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING AGENDA Tuesday / April 16, 2019 / 6:00 PM Commission Chambers / 800 Seminole Road 1. Call to Order and Roll Call. 2. Approval of Minutes. A. Minutes of the March 20, 2019 regular meeting of the Community Development Board. 3. Old Business. 4. New Business. A. ZVAR19-0007 PUBLIC HEARING (Holstar, LLC) Request for a variance as permitted by Section 24-64, for relief from stormwater retention and from floodplain compensation as required by Section 24-66 at 650 Begonia Street (Lots 1-6 Block 138 Section “H”). B. ZVAR19-0003 PUBLIC HEARING (Devajyoti Ghose) Request for two variances as permitted by Section 24-64, to increase the maximum impervious surface allowed within the Residential, Single Family (RS-2) zoning district and for relief from required stormwater retention at 317 East Coast Drive (Lot 25 Atlantic Beach Terrace). C. ZVAR19-0006 PUBLIC HEARING (John and Sandra Farhat) Request for a variance as permitted by Section 24-64, to increase the maximum impervious surface allowed on a residential lot from 50% as required by Section 24-17 to 58% to allow for the installation of a swimming pool at 1689 North Linkside Court (Lot 122 Selva Linkside Unit 2). D. ZVAR19-0005 PUBLIC HEARING (Ellen Golombek) Request for a variance as permitted by Section 24-64, to decrease the required side yard setback from a combined 15 feet with a minimum of 5 feet on either side to a combined 11.5 feet with a minimum of 0 feet on one side at 375 3rd Street (Lot 26 Block 5 Atlantic Beach). E. ZVAR19-0008 PUBLIC HEARING (Kyle Stucki) Request for a variance as permitted by Section 24-64, to reduce the vehicle use area perimeter landscape buffer for side property lines from 5 feet as required by Section 24- 177(d)(2) to 3 feet and to reduce the minimum required parking from 16 spaces as required by Section 24-161(h)(8) to 9 spaces to allow the reconfiguration of existing nonconforming parking at Saltair Section 3 Lots 834-834 and 850 (aka 425 Atlantic Boulevard). F. UBEX19-0002 PUBLIC HEARING (Thomas Horn) Request for a use-by-exception as permitted by Section 24-111(c)(3), to allow on-premises consumption of beer and wine in accordance with Chapter 3 of the code within the Commercial General (CG) zoning district at 25 West 6th Street. 5. Reports. 6. Public Comment. 7. Adjournment. All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department, located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chambers prior to the start of the meeting. Please note that all meetings are live streamed and videotaped. The video is available at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect t o any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. I n accordanc e wit h the American s with Disabilitie s Act and Section 286.26 of the Florida Statutes , persons with disabilities needin g special accommodation s to participat e i n this meeting should contact the City not less than three (3) days prior to the date of this meeting at the address or phone number above.     Page 1 of 3 Minutes of the Regular Meeting of the COMMUNITY DEVELOPMENT BOARD March 20, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. Ms. Paul, Mr. Major, Mr. Tingen, Mr. Elmore and Ms. Simmons were all present. Ms. Lanier was absent. Also present were Director Shane Corbin, Principal Planner Derek Reeves, Board Secretary Valerie Jones and the City Attorney, Brenna Durden representing the firm Lewis, Longman and Walker. 2. APPROVAL OF MINUTES A. Minutes of the February 19, 2019 Regular Meeting of the Community Development Board. Mr. Elmore motioned to approve the minutes. Ms. Paul seconded the motion. The motion carried unanimously. 3. OLD BUSINESS There was no old business. Chair Hansen spoke about several things that were of concern to him. There was a brief discussion on what the Community Development Board does and the purpose of a variance. The Board and Staff agreed to put something on the website that describes what the variance process is about. 4. NEW BUSINESS A. COMP19-0002 Ordinance No. 31-19-13 PUBLIC HEARING An Ordinance of the City of Atlantic Beach, County of Duval, State of Florida, amending the future land use map of the 2030 Comprehensive Plan to change the designation of those lands described in attached Exhibit A from Residential Low (RL) to Commercial (CM); providing for conflict; providing for severability; and providing an effective date. Staff Report Director Corbin presented information on items A and B as they are dependent on each other. He explained that there is a request for a zoning change that involves two parcels and three parcels that would be a part of a Future Land Use Map (FLUM) amendment from Residential Low (RL) to Commercial (CM). The change would be necessary in the FLUM for the parcels to qualify for the zoning change that they are requesting. The properties included are the Voo Swar which was built in 1971 as well as the home to the east and a vacant lot on Lewis Street. Director Corbin went through the zoning history to show how it changed along the way. He explained that it went from Business (BB), an old commercial designation, in 1979 to a mix of Commercial General (CG) and Residential General (RG) after 1982. He Page 2 of 3 explained to the Board how the FLUM has all 3 parcels as RL and the Zoning Map has 1 of the 3 zoned CG. So the request is to rezone the two properties to CG. He said that there are a couple of steps to the process: 1) extend the Commercial Future Land Use category to all 3 parcels, 2) extend the Commercial General (CG) zoning to 2 parcels. Mr. Major asked Director Corbin if the Voo Swar meets the requirements to exist in a commercial zone as a business. Director Corbin said he believes so. Mr. Major asked if it violates any stipulation in the Comp Plan and Director Corbin said it doesn't as long as they change the Future Land Use designation. It is currently operating as a legal non- conforming use due to the zoning changes. Mr. Major asked whether Staff had any history on why the zoning changes so many times. Director Corbin said he didn't have any minutes or explanations. The Board discussed how the changes might affect surrounding properties. Applicant Comment Lewis Davis introduced himself as the son of Earnest Davis who is the owner of the Voo Swar (51 Robert Street). He explained that they did not realize that there was a zoning issue until they had an investor who did some research and discovered it. Mr. Davis said that is why they are making the request to change the parcel back to Commercial. Public Comment Chair Hansen opened the floor to public comment. Cora Baldwin of 50 Lewis Street introduced herself as the homeowner next to the vacant lot. She said that although the Voo Swar has been there for a long time, she is concerned about how the zoning change would affect her home and the surrounding neighborhood. Jacinda Head of 1879 George Street introduced herself as a homeowner in the neighborhood. She said she has concerns about increased traffic and how this change could affect the community. Board Discussion Ms. Simmons said she had concerns about the vacant lot becoming Commercial and what kind of changes that could bring in the future. Ms. Simmons said her concern is whether you could put a business there as it is right now. Planner Reeves said there could not be a commercial property where the house is right now. Ms. Simmons said she was inclined to go with a zoning change for the Voo Swar property but leave the vacant lot as it is and discuss making the lot with the home consistent with RL. Mr. Elmore said he was inclined to let all 3 properties become CM because the Voo Swar has been there for a long time, it's a family oriented business, has been a stable business and it uses the vacant lot as part of the business. Page 3 of 3 Director Corbin said that downzoning the property with the house wasn't part of the application. Therefore it would not be appropriate to downzone without proper notice. Ms. Paul agreed with Mr. Elmore's statement as did Mr. Major Motion Mr. Elmore motioned to approve COMP19-0002 amending the FLUM and designate all three parcels as Commercial (CM). Ms. Paul seconded the motion. The motion passed 5-1. Ms. Simmons was the dissenting vote. B. REZN19-0001 Ordinance No. 90-19-239 PUBLIC HEARING An Ordinance of the City of Atlantic Beach, County of Duval, State of Florida, rezoning those lands described in attached Exhibit A from Residential General (RG) to Commercial General (CG); providing finds of fact; requiring recordation; and providing an effective date. Staff Report Director Corbin said this is a request to rezone 2 of the 3 parcels (51 Robert and 0 Lewis Street). He told the Board that if this is approved, it would also go to the City Commission. Motion Mr. Elmore motioned to approve REZN19-0001 and rezone both parcels to Commercial General (CG). Ms. Paul seconded the motion. The motion passed 5-1. Ms. Simmons was the dissenting vote. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There was no public comment. 7. ADJOURNMENT Mr. Hansen adjourned the meeting at 6:53 p.m. _______________________________________ Kirk Hansen, Chair _______________________________________ Attest     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR19-0007 Request for two variances as permitted by Section 24-64, for relief to the stormwater retention and floodplain compensation requirements within the Residential, Single Family (RS-2) zoning district for 6 lots currently being developed. LOCATION 650 Begonia Street. APPLICANT Stephen Starke, Holstar, LLC DATE April 9, 2019 STAFF Shane Corbin AICP; Director of Planning and Community Development STAFF COMMENTS The applicant is Stephen Starke, one of the title managers for the six lots under development at the corner of West 6th Street and Begonia Street. The property was originally platted in 1944 and single family homes are planned for each lot. Section 24-66 requires onsite stormwater retention for all development including single family homes. In addition, 24-66 requires floodplain compensation anytime for an area within a floodplain is filled for development. Both standards would apply to each lot in questions. The applicant is requesting relief to the stormwater retention and floodplain compensation requirements of Section 24-66 citing two reasons: 1) Surrounding conditions or circumstances impacting the property disparately from nearby properties and 2) Onerous effect of regulations enacted after planting or after development of the property or after construction of improvement upon the property. The applicant believes the tidal canals which surround the property on three sides make the stormwater retention requirements and the floodplain storage compensation requirements of 24-66 unnecessary because the canals discharge stormwater directly into the Intracoastal Waterway (ICW). In addition, providing compensating floodplain storage volume for areas that are filled below the Base Flood Elevation (100-year flood stage) is desirable in riverine Special Flood Hazard Areas (SFHA). This is due to the fact that fill in riverine flood hazard areas take up floodplain storage capacity and can eventually result in higher flood waters. In this case, the property is located in a SFHA that would be flooded due to inundation from the ICW and not from riverine upstream drainage. Minor quantities of fill associated with residential development in the floodplain adjacent to the ICW will not affect the 100- year flood stage. 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 property has tidal canals on two sides which alleviate the need for stormwater attenuation. (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 property was planted in 1944. (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 ZVAR19-0007, request for a variance as permitted by Section 24-64, for relief to the stormwater retention and floodplain compensation requirements within the Residential, Single Family (RS-2) zoning district for 6 lots currently being developed, 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 ZVAR19-0007, request for a variance as permitted by Section 24-64 for relief to the stormwater retention and floodplain compensation requirements within the Residential, Single Family (RS-2) zoning district for 6 lots currently being developed, 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.     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR19-0003 Request for two variances as permitted by Section 24-64, to increase the maximum impervious surface allowed within the Residential, Single Family (RS-2) zoning district and for relief from required stormwater retention at 317 East Coast Drive (Lot 25 Atlantic Beach Terrace). LOCATION 317 East Coast Drive APPLICANT Devajyoti Ghose DATE April 5, 2019 STAFF Derek W. Reeves, AICP; Principal Planner STAFF COMMENTS The applicant is Devajyoti Ghose, the owner of 317 East Coast Drive. The property is zoned residential, single-family (RS-2) and includes a single family home completed in 2016. The applicant installed crushed coquina with flagstone pavers creating a patio area within the stormwater retention area in the backyard of the property without a permit in 2018. The City cannot administratively approve a permit for the pavers due to the increase in impervious area and the location within the stormwater retention area. The property has been to the Code Enforcement Board and that case pending the results of this variance request. The Public Works Department, the reviewing department for impervious surface and stormwater retention requirements within the City, has determined that the permitted impervious surface percentage for the property without the flagstone pavers is 49.6%. The lot is 5,000 square feet and there are currently 2,481 square feet of impervious area on the property. The applicant is requesting a 20 foot by 10 foot area of the flagstone pavers, totaling 200 square feet. The addition of 200 square feet of impervious area would put the property at 53.7% impervious. This is above both the 50% impervious surface limit in the RS-2 zoning district when the pavers were installed as well as the recently passed reduction in the impervious surface limit within the RS-2 zoning district to 45%. This results in the need for the first part of the variance. The second part of the variance is due to the fact that the pavers are located within the stormwater retention area that was required when the home was constructed in 2016. The pavers fill in a portion of the retention area that should be 20 feet by 17 feet and one foot deep, which reduces the holding capacity of the retention area. Additionally, the impervious surface area of the pavers prevents water from being absorbed into the Page 2 of 4 ground where the ground serves as both storage area and the area for water to filter out of the ponding area at the surface. The entirety of the originally constructed stormwater retention area has been altered and functionality cannot be verified by staff. As a result, the applicant is requesting to reduce the required stormwater retention to zero. The stormwater retention area required for the new home was 649 cubic feet. Two variances are required from two sections of the code so that a permit can be issued for the pavers: the first is an increase in the maximum impervious surface percentage allowed within the RS-2 zoning district; the second is to eliminate the required stormwater retention for the property as required by Section 24-66 as the paver area is located within the retention area required reducing the volume/storage capacity. Page 3 of 4 ANALYSIS Section 24-64(b) (1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated in their application that the grass in the back yard repeatedly died due to the topography and lack of sun causing mud to block the drains. The flagstone prevents mud from blocking the drains and allows the system to work. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated in their application that the inability of grass to grow results in a backyard that is unsightly and unusable. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicants stated in their application that they were unaware of regulations prohibiting them placing the flagstone and building a swale to prevent runoff into the street, which is semi-permeable surface that stabilized the dirt and prevents the drains from being clogged. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR19-0003, request for a variance as permitted by Section 24-64, to increase the maximum impervious surface allowed within the Residential, Single Family (RS-2) zoning district and for relief from required stormwater retention at 317 East Coast Drive (Lot 25 Atlantic Beach Terrace), 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 ZVAR19-0003, request for a variance as permitted by Section 24-64, to increase the maximum impervious surface allowed within the Residential, Single Family (RS-2) zoning district and for relief from required stormwater retention at 317 East Coast Drive (Lot 25 Atlantic Beach Terrace), 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 disc retion, determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the following: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety. (4) Established property values. (5) The aesthetic environment of the community. (6) The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources. (7) The general health, welfare or beauty of the community. Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner.     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR19-0006 Request for a variance as permitted by Section 24-64, to increase the maximum impervious surface allowed on a residential lot from 50% as required by Section 24-17 to 58% to allow for the installation of a swimming pool at 1689 North Linkside Court (Lot 122 Selva Linkside Unit 2). LOCATION 1689 N Linkside Court APPLICANT John and Sandra Farhat DATE April 9, 2019 STAFF Brian Broedell, Planner STAFF COMMENTS The applicants are John and Sandra Farhat, the owners of 1689 N Linkside Court. This property is located within the Selva Linkside Planned Unit Development with a future land use designation of Residential, Low Density (RL). The applicants bought the property in September, 2018, and recently submitted a permit for a new pool on February 21, 2019 (before the new impervious surface ordinance). The permit was denied due to the property exceeding the maximum impervious surface allowed on residential lots. The property is currently covered in over 70% impervious surface, making it a nonconforming lot in that respect. Much of the impervious surface was added to the property between 2006 and 2011, prior to the current owners purchasing the property. Also, there are no permit records for this additional impervious surface. The applicants have expressed their willingness to reduce the impervious surface coverage of their lot from over 70% to 58% coverage in order to install a swimming pool in the backyard. However, the permit for the pool cannot be approved by city staff if the resulting impervious surface coverage exceeds the maximum allowed. As such, the applicants are requesting a variance to increase the maximum impervious surface allowed from 50% to 58% impervious. Proposed Pool 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 when the home was purchased a couple of months ago, the owner’s had no idea that they could not install a small pool. The previous owners had installed pavers causing the lot to be at about 72% impervious surface. The applicant’s researched the area and saw that other homes with similar lot sizes and lot coverage had pools, so they thought they could install a pool as well. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants expressed that with the lot coverage being so high, installing a pool will actually lower the lot coverage. Further, the applicant’s expressed a willingness to further help drainage issues by installing permeable pavers and remove the existing pavers. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR19-0006, request for a variance as permitted by Section 24-64, to increase the maximum impervious surface allowed on a residential lot from 50% as required by Section 24-17 to 58% to allow for the installation of a swimming pool at 1689 North Linkside Court (Lot 122 Selva Linkside Unit 2), 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 ZVAR19-0006, request for a variance as permitted by Section 24-64, to increase the maximum impervious surface allowed on a residential lot from 50% as required by Section 24-17 to 58% to allow for the installation of a swimming pool at 1689 North Linkside Court (Lot 122 Selva Linkside Unit 2), 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. ITEM 4.D CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. ZVAR19-0005 Request for a variance as permitted by Section 24-64, to decrease the required side yard setback from a combined 15 feet with a minimum of 5 feet on either side to a combined 11.5 feet with a minimum of 0 feet on one side at 375 3rd Street (Lot 26 Block 5 Atlantic Beach). LOCATION 375 3rd Street APPLICANT Ellen Golombek DATE April 9, 2019 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Ellen Golombek, the owner of 375 3rd Street. This property is the eastern unit of an attached two-unit townhouse located within the Residential, Single Family (RS-2) zoning district. The townhouse shares a common wall with the neighboring unit, resulting in the existing house having a 0 foot setback from the property line. The attached townhouse units are staggered, meaning the interior footprints are not symmetrical. The applicant’s unit extends closer to the street than the neighboring unit and vice versa, resulting in a section of the common wall extending about 8 feet into the backyard of the applicant’s unit. The applicant is proposing to expand the existing covered porch and master bedroom in the back of the house. The proposed porch would be expanded into the backyard (northerly) by about 13 feet and would have a 0 foot setback. The master bedroom would be expanded into the existing covered porch by about 8.8 feet and would result in small part of the expanded bedroom being 4.5 feet from the western property line. The expansion would result in roughly an additional 4.4 square feet of the master bedroom being within the required 5 foot setback. The required side yard setback within the RS-2 zoning district is a combined 15 feet with a minimum of 5 feet on either side. Both the expansion of the master bedroom as well as the porch would violate this setback requirement by adding covered area within the required 5 foot setback. The covered porch would result in about 66 square feet of covered porch area being within the 5 foot setback and the master bedroom would result in about 4.4 square feet of enclosed living area within the 5 foot setback. Neighboring Unit 0’ setback 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 eith er an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that current setback regulations do not adequately address townhomes. The applicant also explained that they share a common wall with the neighbor and simply want to enclose their patio and that the setback regulations do not allow for reasonable use of their property since the setback regulations address single family homes, not townhomes. (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 they would like to extend and enclose the current patio by less than 3 feet and that most of the patio is currently existing slab and they would only be enclosing it. (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 ZVAR19-0005, request for a variance as permitted by Section 24-64, to decrease the required side yard setback from a combined 15 feet with a minimum of 5 feet on either side to a combined 11.5 feet with a minimum of 0 feet on one side at 375 3rd Street (Lot 26 Block 5 Atlantic Beach), 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 ZVAR19-0005, request for a variance as permitted by Section 24-64, to decrease the required side yard setback from a combined 15 feet with a minimum of 5 feet on either side to a combined 11.5 feet with a minimum of 0 feet on one side at 375 3rd Street (Lot 26 Block 5 Atlantic Beach), 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.     CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO. ZVAR19-0008 Request for two variances as permitted by Section 24-64, to reduce the vehicle use area perimeter landscape buffer for side property lines from 5 feet as required by Section 24-177(d)(2) to 3 feet and to reduce the minimum required parking from 16 spaces as required by Section 24-161(h)(8) to 9 spaces to allow the reconfiguration of existing nonconforming parking at Saltair Section 3 Lots 834-834 and 850 (aka 425 Atlantic Boulevard). LOCATION 425 Atlantic Boulevard APPLICANT Kyle Stucki DATE April 5, 2019 STAFF Derek W. Reeves, AICP; Principal Planner STAFF COMMENTS The applicant is Kyle Stucki, representing the ownership group Beach Hospitality, Inc. The property is an existing motel called the Saltair Motel at 425 Atlantic Boulevard. The property was recently purchased by the applicant and they are in the process of renovating the property. In addition to updating the buildings, the plan is to redesign the parking and access to the property by adding a driveway from Sturdivant Avenue and creating a courtyard between the buildings. Existing Site Proposed Site Plan Page 2 of 4 The Duval County Property Appraiser’s Office lists the construction dates for the motel room buildings as 1946 and the two-story house as 1975. The building setbacks along the side property lines and front property line along Atlantic Boulevard are all nonconforming. To accomplish the proposed redesign, two variances will be needed. One to reduce landscaping around the new parking and a second to reduce the required parking. The first variance is to reduce the required vehicle use area perimeter landscape area along the side property lines from five feet to no less than three feet. Due to the angles of the property and the angles of the existing buildings, the new parking area would be angled too. This results in triangular areas where the parking would encroach into the landscape area. The image to the right shows black triangles where the parking would encroach. The dark green areas are where landscaping would be increased beyond the minimum required. To the east of the encroachment area is the back of the Hotel Palms and to the west of the encroachment area are McDonald’s dumpsters. The second variance is to reduce the required parking from 16 to 9 spaces. The 9 spaces would include 7 standard spaces, 1 garage space and 1 ADA space. All of these would meet code for space dimensions and drive aisle widths. As part of the remodel, the owners are converting the house into two units, but keeping the garage and converting one existing room into office/lobby space for a total of 15 units. Code requires 1 space per unit plus one for staff, resulting in 16 required spaces. The site plan provided shows the Atlantic Boulevard access with one parking space remaining. This would be used as a check-in space until the Atlantic Boulevard access can be closed. The parallel space in the plan would then be established as a check-in space once the Atlantic Boulevard access is closed. Neither space is counted in the 9 in the request. The existing hotel has 14 units plus the two-story house where the code would require 1 space per unit plus 1 for staff and 2 for the house resulting in 17 required spaces. There are currently 13 marked spaces. One space is in a garage and another is a parallel space. The remaining 11 are 90 degree or near 90 degree spaces stripped at 15 feet long, which is 3 feet short of the minimum 18 feet required by code. They vary in width from 7 to 9 feet making several less than the minimum of 9 feet required by code. If the spaces were 18 feet deep as required, the drive aisle ranges from 10 feet to over the 22 feet required by code. There are also no existing ADA spaces. At best you could say there are 7 existing spaces, including the garage and parallel spaces, which meet code. The applicants are actively seeking code compliant shared parking agreements which could negate or reduce the need for the second variance to reduce parking. The two variances needed are: - A reduction of the side yard perimeter landscape area to no less than three feet, and - A reduction in the required parking from 16 spaces to 9 spaces. Page 3 of 4 ANALYSIS Section 24-64(b) (1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (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 property was constructed in the 1940’s through the 1960’s before current codes. (5) Irregular shape of the property warranting special consideration. The applicant stated that the request is to reduce the landscape area from five feet to three feet in triangular areas. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant stated that two of the proposed parking spaces are encroaching into the greenspace. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR19-0008, request for a variance as permitted by Section 24-64, to reduce the vehicle use area perimeter landscape buffer for side property lines from 5 feet as required by Section 24-177(d)(2) to 3 feet and to reduce the minimum required parking from 16 spaces as required by Section 24-161(h)(7) to 9 spaces to allow the reconfiguration of existing nonconforming parking at Saltair Section 3 Lots 834-834 and 850 (aka 425 Atlantic Boulevard), 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 ZVAR19-0008, request for a variance as permitted by Section 24-64, to reduce the vehicle use area perimeter landscape buffer for side property lines from 5 feet as required by Section 24-177(d)(2) to 3 feet and to reduce the minimum required parking from 16 spaces as required by Section 24-161(h)(7) to 9 spaces to allow the reconfiguration of existing nonconforming parking at Saltair Section 3 Lots 834-834 and 850 (aka 425 Atlantic Boulevard), 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. ITEM 4.F CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.F CASE NO. UBEX19-0002 Request for a use-by-exception as permitted by Section 24-111(c)(3) to allow on premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) zoning district at 25 West 6th Street. LOCATION 25 West 6th Street APPLICANT Pubs n’ Pits (Thomas Horn) DATE April 9, 2019 STAFF Shane Corbin, AICP; Director of Planning and Community Development STAFF COMMENTS The applicant is Pubs n’ Pits who is in the process of opening a retail business at 25 West 6 th Street that will supply a wide range of home grilling products and beverage draught systems to their customers. The company is seeking a 2COP license in order to offer in-store tastings of beer and wine products to their customers during normal business hours. Section 24-111(c)(3) requires a use-by-exception for on premise consumption of alcoholic beverages. 2COP means “Beer and Wine Consumption on Premises”. This license is for a facility that wishes to sell both beer and wine for on premises consumption. Many small restaurants and sandwich shops hold 2COP licenses. Package sales of beer and wine are allowed in sealed containers under this license type as well, provided that package sales are also allowed by local municipal ordinance. From the stated licenses perspective, there are no restrictions on the number of 2COP liquor licenses that can be issued by the Division in any county. Policy A.1.10.5 of the City’s Comprehensive Plan states that the City should encourage commercial development along Mayport Road that provides neighborhood services and generate daily activity and interaction between residents of the surrounding neighborhoods like restaurants and similar uses. Page 2 of 2 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of a requested Use-by-Exception (File No. UBEX19-0002) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 25 West 6th Street provided: 1. Approval of this Use-by-Exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-111(c) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of a requested Use-by-(File No. UBEX19-0002) to allow on-premises consumption of alcoholic beverages in accordance with Chapter 3 of the code within the Commercial General (CG) Zoning District and located at 25 West 6th Street provided: 1. Approval of this Use-by-Exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this Use-by-Exception is not in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-111(c) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning districts with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses and any nearby residential uses.