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664 Beach Avenue ZVAR18-0004 Staff Report  CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.B CASE NO. ZVAR18-0004 Request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required front yards from 4 feet as required by Section 24-83(b) to 12.5 feet; to increase the maximum structural projection permitted into required side yards from 2 feet as required by Section 24-83(b) to 2.8 feet; and to increase the maximum height allowed for this lot from 17.5 feet as required by Section 24-82(c) to 23.7 feet in order to build a new deck and roof 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 March 12, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicants are Dejean and Laurie Melancon, the owners of 664 Beach Avenue. The lot is 50 feet wide by 75 feet deep and is zoned Residential General (RG). The existing house was built in 1940 and currently has a second story, uncovered deck on the northern side of the house. The applicants are proposing to construct a roof over the second story deck. In the RG zoning district, the required front yard setback is 20 feet and the required side yard setbacks are a combined 15 feet, with a minimum of 5 feet on either side. With an existing 10.1 foot setback on the south side, the minimum required setback on the north side (where the roof is proposed) is 5 feet. The proposed roof would be located 7.5 feet from the front lot line and 2.2 feet from the northern side lot line. Section 24-83(b) of the City Code allows roofs to project up to 4 feet into required front yard setbacks and up to 2 feet into required side yard setbacks. As such, the proposed roof would be permitted 16 feet from the front lot line and 3 feet from the northern lot line. The applicants are requesting to increase this allowable projection from 4 feet to 12.5 feet into the required front yard and from 2 feet to 2.8 feet into the required side yard in order to construct the proposed roof. In addition to exceeding the maximum structural projections allowed into front and side yards, the proposed roof would exceed the maximum height allowed for this lot. Section 24-82(c) of the City Code limits the allowable height for non-conforming lots to a percentage of the lot area when compared to the minimum lot size of the applicable zoning district and then applying this percentage to the maximum height allowed (35 feet). This lot is 75 feet by 50 feet, 50% of the minimum required lot size for the RG zoning district, resulting in a maximum allowable height of 17.5 feet (50% of 35) for this lot. The height of the proposed roof, at its highest point, would be 23.7 feet from grade, 6.2 feet higher than the maximum allowed. 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, south, and west all encroach on current setbacks. (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 existing porch without the roof is 8’-8” and City code allows a maximum of 8’-2”.           REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR18-0004, request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required front yards from 4 feet as required by Section 24-83(b) to 12.5 feet; to increase the maximum structural projection permitted into required side yards from 2 feet as required by Section 24-83(b) to 2.8 feet; and to increase the maximum height allowed for this lot from 17.5 feet as required by Section 24- 82(c) to 23.7 feet in order to build a new deck and roof 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. Page 3 of 3   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 ZVAR18-0004, request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required front yards from 4 feet as required by Section 24-83(b) to 12.5 feet; to increase the maximum structural projection permitted into required side yards from 2 feet as required by Section 24-83(b) to 2.8 feet; and to increase the maximum height allowed for this lot from 17.5 feet as required by Section 24- 82(c) to 23.7 feet in order to build a new deck and roof 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.