151 Club Drive WAIV-04-00100065 Staff Report CC 12.02.2004 CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request from Bob, Kathy, Al and Mary Frosio for a waiver from
Section 24-255 (a) of the Subdivision Regulations seeking approval to
create two new lots within property located a 151 Club Drive (east of
Ocean Boulevard) that are less than 75-feet in width and less than
7,500 square feet in Lot Area.
SUBMITTED BY: Sonya Doerr,AICP 1,Q
Community Development Director
DATE: December 02,2004
BACKGROUND: Section 24-255 (a) of the Subdivision regulations requires newly created
residential lots to have a width of not less than 75-feet and lot area of not less than 7,500 square
feet. The subject property is located within the RL (Residential, Low Density) Comprehensive
Plan land use category, which requires 7260 square feet of lot area per dwelling unit and within
the RS-2 (Residential, Single-family) Zoning District, which per Section 24-105 of the Land
Development Regulations, requires minimum lot width of 75-feet and depth of 100-feet.
This property originally consisted of a parent parcel that contained 15,000 square feet with 150-
feet in width and 100-feet in depth. Multi-family (condominium) development is located on the
north side of this property, and single-family residential lots that are 70-feet in width are directly
across from this property on the south side of Club Drive. In 1982, a 50-foot x 100-foot portion
on the west side of the parent parcel was separated, and the City issued Building Permits to
construct a single-family residence on that subdivided 50 x 100-foot parcel. At that time, the
City had not yet adopted a Comprehensive Plan establishing density limitations; however, the
requirement for new residential lots to have a width of not less than 75 feet and lot area of not
less than 7,500 square feet has been in effect since at least 1969.
The proposed two new lots would contain 5000 square feet,of lot area and 50-feet in lot width.
As such, staff cannot find that the two proposed 50-foot by 100-foot lots are consistent with the
Comprehensive Plan or the RS-2 Zoning District regulations. Section 24-291 provides that the
City Commission may grant a waiver to the Subdivision regulations upon finding that the
conditions of paragraph(b) are met.
Sec. 24-191. Waiver.
(a) General. Where the City Commission finds that undue hardship due to unreasonable practical
difficulties may result from strict compliance with this Article, the City Commission may
approve a waiver to the requirements of this Article if the waiver serves the public interest.
(b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a
written request for the waiver stating the reasons for the waiver and the facts, which support
the waiver. The City Commission shall not approve a waiver unless it determines as follows.
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(1) The particular physical conditions, shape or topography of the specific property involved
causes an undue hardship to the Applicant if the strict letter of the Article is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property
for which the waiver is sought, are not generally applicable to other property and do not
result from actions of the Applicant. _
(4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive
Plan and the requirements of this Article. If the City Commission approves a waiver, the
City Commission may attach such conditions to the waiver as will ensure that the waiver
will comply with the intent and purpose of this Article.
•
BUDGET: No budget issues involved in this request.
RECOMMENDATION: Motion to deny a request for a waiver of Section 24-255 (a), finding
that the two proposed lots, which are 50-foot wide by 100-foot deep and containing 5000 square
feet each, are not consistent with the Residential, Low Density Comprehensive Plan land use
designation or the RS-2 Zoning District requirements.
ATTACHMENTS: Supporting information including Property Appraiser's map, survey of the
existing property and proposed new lots, along with information submitted by the applicant.
REVIEWED BY CITY MANAGER:
2
December 13,2004 regular meeting