1820 Sherry Drive North ZVAR18-0016 Staff ReportAGENDA ITEM 4.A
CASE NO. ZVAR18-0016
Request for a variance as permitted by Section 24-64, to decrease the required side yard setback from 10 feet to 7.5 feet to allow for an addition and to decrease the side yard setback
from 10 feet to 7.5 feet and to decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 10B Planned Unit Development to 6 feet to allow for a
screen enclosure at Selva Marina Unit 10-B Lot 7 (aka 1820 North Sherry Drive).
LOCATION 1820 North Sherry Drive
APPLICANT Sarah (Sally) Young and Mark Young
DATE September 7, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicants are Sally and Mark Young, the owners of 1820 N. Sherry Drive. The property is zoned Planned Unit Development (PUD) and is located within the Selva Marina Unit 10-B PUD.
The covenants and restrictions for this PUD were adopted as the governing text by the City Commission in 1978 and are attached to this report. Section III of these Covenants requires
dwellings (homes) and enclosed swimming pools to meet the required side yard setbacks of 10 feet and the required rear yard setback of 20 feet.
The applicants are proposing to construct an addition on the southern side of their house that would be located 7.5 feet from the side property line. This proposed addition would not
meet the PUD’s required side yard setback of 10 feet. The applicants are also proposing to install a screen enclosure in their backyard that would be located 7.5 feet from the side
property line and 6 feet from the rear property line. As previously mentioned, this PUD requires enclosed swimming pools to be at least 10 feet from side property lines and at least
20 feet from the rear property line.
When reading the Covenants, there are several references to a Special Advisory Planning Board that is required to grant approvals in the PUD, however, this board no longer exists. The
Covenants then defer responsibilities to the City. As such, proposed projects that do not meet the requirements of the PUD may request a variance at a public hearing in front of the
Community Development Board.
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:
Exceptional topographic conditions of or near the property.
The applicant stated that the property is located on a hill and any structures in the backyard will appear as a natural protrusion from the house.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
The applicant stated that due to the location of the house and the size of the lot, there is only one location for the pool enclosure.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property.
The applicant explained that since the requirements of this (and other) PUDs were being looked at, they made a point to meet the RS-1 setbacks.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0016, request to decrease the required side yard setback from 10 feet to 7.5 feet to allow for an addition and
to decrease the side yard setback from 10 feet to 7.5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 10-B Planned Unit Development
to 6 feet to allow for a screen enclosure at Selva Marina Unit 10-B Lot 7 (aka 1820 North Sherry Drive), upon finding this request is consistent with the definition of a variance, and
in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below.
A variance may be granted, at the discretion of the Community Development Board, for the following reasons:
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Or,
The Community Development Board may consider a motion to deny ZVAR18-0016, request to decrease the required side yard setback from 10 feet to 7.5 feet to allow for an addition and to
decrease the side yard setback from 10 feet to 7.5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 10-B Planned Unit Development
to 6 feet to allow for a screen enclosure at Selva Marina Unit 10-B Lot 7 (aka 1820 North Sherry Drive), upon finding this request is not consistent with the definition of a variance
or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon
one (1) or more of the following:
Light and air to adjacent properties.
Congestion of streets.
Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources.
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.