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536 Beach Avenue ZVAR17-0015 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.C CASE NO. ZVAR17-0015 Request 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). LOCATION 536 Beach Avenue APPLICANT Leah Sherman DATE January 9, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Leah Sherman, the owner of 536 Beach Avenue. The property is located on the west side of Beach Avenue in the Residential, Single-Family (RS-2) zoning district and its Future Land Use designation is Residential Low Density (RL). The lot is legally nonconforming at only 40 feet wide by 50 feet deep. The applicant is proposing the construction of a new two-story home to replace the existing, nonconforming two-story home that was built in 1923. However, due to the small size of the lot, multiple variances are needed to construct the proposed home. First, the proposed height of the new home is 24 feet, exceeding the maximum building height allowed for a lot of this size. Section 24-82(c) of the City Code limits the maximum height of buildings on nonconforming lots to a percentage of the area of the lot compared to the minimum requirement of the zoning district and applying the same to the 35 foot maximum height allowed for buildings in said zoning district. The proposed increase from the 20.3 foot height of the existing home to the proposed 24 feet is a result of several concerns. The current ground floor elevation is 4 inches above grade, resulting in flooding concerns. The new home would raise this floor elevation to 24 inches above grade. Also, the first floor roof ceiling of 7 feet is believed to be substandard by the applicant and would be raised to 8 feet. Further, the 8 inch floor system between the first and second stories would cause plumbing and air conditioning issues if the structure were to be remodeled. Page 2 of 4   Second, the proposed 564 square feet of ground floor living area for the new home is below the minimum 650 square feet for two-story homes required by Section 24-82(j)(2). The proposed 564 square feet is very similar to the existing 562 square feet of ground floor living area. Total lot coverage however would decrease from the existing 854 square feet (42.7%) to the proposed 799 square feet (40%). Thirdly, the new home would create different front, rear, and side yard setbacks from those of the existing house (See Below). One noticeable proposed change is moving the front of the house from 3.8 feet off the front property line back to 10 feet in order to alleviate parking concerns. Another noticeable change would occur on the north side of the property. Currently, the north side of the existing home is 12.5 feet from the property line with a covered, open air patio that is 5.3 feet from this property line. To make up for lost room in the front yard, the new home would extend this side of the house so that it is 5 feet from the northern property line. As a result, a 5.3 foot setback to an open patio would become a 5 foot setback to a two-story side wall. The south side of the new home would also be 5 feet from the property line, 2 inches closer than the existing home. Continuing, the existing home is located 9.8 feet from the rear property line with an open porch that is 9.2 feet from the rear property line. The new home would be 12 feet from the rear property line with a second story deck that would be 8 feet from the rear property line. EXISTING PROPOSED  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. The applicant stated that the existing house is too close to the street to provide covered/enclosed parking and that the current floor elevation is prone to flooding. The applicant also stated that due to the age of the structure, the necessary renovation costs are the same as the cost to construct a new house. (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. The applicant stated that the square footage of the lot limits the height below a reasonable number and that a variance for the proposed setbacks allows for more space without encroaching on the existing neighbors.       REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0015, request 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 Page 4 of 4   Section 24-106(e)(3) to a combined 10 feet with a minimum of 5 feet on both sides, 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), 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 ZVAR17-0015, request 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 both sides, 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), 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.