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664 Beach Avenue ZVAR17-0013 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.A CASE NO. ZVAR17-0013 Request for a variance as permitted by Section 24-64, to decrease the front yard setback from 20 feet as required by Section 24-107(e)(1) to 5 feet to allow the construction of a shed roof projecting 3.5 feet from an existing non-conforming structure at the east 75 feet of Lot 5, Daniel and Hackett Replat of Block 16 (aka 664 Beach Avenue). LOCATION 664 Beach Avenue APPLICANT Dejean and Laurie Melancon DATE January 8, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicants are Dejean and Laurie Melancon, the owners of 664 Beach Avenue. This property is zoned Residential General (RG) and its Future Land Use designation is Residential Low Density (RL). The required front yard setback for the RG zoning district is 20 feet. The existing two-story house, built in 1940, is located 8.5 feet from the front property line (see below), making this a legally existing nonconforming structure. Similarly, the lot is 50 feet wide by 75 feet deep, making it a nonconforming lot of record. The applicants’ are proposing to install a shed roof above the existing garage doors at the front of the house. The roof would project 3.5 feet into the front yard, resulting in the edge of the roof being 5 feet from the front property line, significantly less than the 20 foot front yard setback required by Section 24- 107(e)(1) for the RG zoning district. Section 24-85(c) states that no nonconforming structure shall be expanded unless such expansion complies with the Land Development Regulations or unless a variance has been obtained. 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. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that their immediate neighbors to the north and south are located closer to Beach Avenue than this house is. (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 their garage is located 8.5 feet from the front property line, limiting their reasonable use of the property.                         Page 3 of 3   REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0013, request for a variance as permitted by Section 24-64, to decrease the front yard setback from 20 feet as required by Section 24-107(e)(1) to 5 feet to allow the construction of a shed roof projecting 3.5 feet from an existing non-conforming structure at the east 75 feet of Lot 5, Daniel and Hackett Replat of Block 16 (aka 664 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 ZVAR17-0013, request for a variance as permitted by Section 24-64, to decrease the front yard setback from 20 feet as required by Section 24-107(e)(1) to 5 feet to allow the construction of a shed roof projecting 3.5 feet from an existing non-conforming structure at the east 75 feet of Lot 5, Daniel and Hackett Replat of Block 16 (aka 664 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.