536 Beach Avenue ZVAR17-0015 PresentationRequest for a variance as permitted by Section 24-64, to allow for the construction of a new two story home that would increase the maximum permitted height of 14 feet as required for
this lot by Section 24-82(c) to 24 feet; to reduce the minimum ground floor living area for two story residential dwellings from 650 square feet of enclosed living area as required
by Section 24-82(j)(2) to 564 square feet of enclosed living area; to decrease the front yard setback from 20 feet as required by Section 24-106(e)(1) to 10 feet; to decrease the side
yard setbacks from a combined 15 feet with a minimum of 5 feet on either side as required by Section 24-106(e)(3) to a combined 10 feet with a minimum of 5 feet on either side, and
to decrease the rear yard setback from 20 feet as required by Section 24-106(e)(2) to 12 feet at the east 50 feet of Lot 3, Block 19, Atlantic Beach (aka 536 Beach Avenue).
ZVAR17-0015
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Site Context and Detail
Residential General (RS-2) Zoning.
Residential Low Density (RL) Future Land Use
Lot is 40 feet by 50 feet, nonconforming lot of record
Legally existing nonconforming structure built in 1923.
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Proposed Plan
Construct a new two-story home to replace the existing two-story home due to structural and design deficiencies.
The proposed home would be 10 feet from the front property line, 5 feet from both side property lines, and 12 feet from the rear property line.
The height of the new home would be 24 feet from grade (20.3 feet existing)
Proposed lot coverage is 40% (42.7% existing).
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Need for a Variance
A total of 5 variances are requested:
Maximum height allowed for nonconforming lots.
Minimum floor area for residential dwelling units.
Minimum front, rear, and side yard requirements for the RS-2 zoning district.
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Need for a Variance (#1)
Section 24-82(c) limits the maximum building height allowed for nonconforming lots.
The proposed height of the new home exceeds the maximum building height allowed for a lot of this size.
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Need for a Variance (#2)
Section 24-82(j)(2) requires a minimum of 650 square feet of enclosed floor area on the ground floor for two-story residential dwelling units.
The proposed home would have 564 square feet of enclosed floor area on the ground floor.
The existing home has 562 square feet of enclosed floor area on the ground floor.
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Need for a Variance (#3-5)
Section 24-106 requires the following minimum yard requirements for the RS-2 zoning district:
Front: 20’
Rear: 20’
Side: A combined 15’, with a minimum of 5’ on either side.
The proposed house does not meet any of these minimum yard requirements.
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Need for a Variance (#3-5)
RS-2 Minimum Yard Requirements:
Front: 20’
Rear: 20’
Sides: Combined 15’, with min. of 5’ on either side
Existing House:
Front: 3.8’
Rear: 9.8’ (Rear porch to 9.2’)
Sides: 5.2’ & 12.5’ (Side porch to 5.3’)
Proposed House:
Front: 10’
Rear: 12’ (Rear deck to 8’)
Sides: 5’ & 5’
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Site Plan Comparison
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Analysis and Concerns
Potential effect on neighboring properties
Decreasing both side and rear yard setbacks.
Second story deck would be 5 feet from the side property line and 8 feet from the rear property line.
Age/Condition of existing house built in 1923.
Size of lot; only 40 feet by 50 feet.
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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
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 improvement 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.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including 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.
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