Loading...
1845 Forsyth Court 15-ZVAR-1048 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A. CASE NO 15-ZVAR-1048 Request for a variance as permitted by Section 24-64, for a reduction in the front yard setback from 20 feet as required by Section 24-108(e)(1) to 14 feet for a 5 by 10 screen porch addition; and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time at Francis Cove Three Lot 8 (Except Part of Recorded Official Record 12596-2262) (aka 1845 Forsyth Court). LOCATION 1845 FORSYTH COURT APPLICANT CANDACE METTE DATE AUGUST 6, 2015 STAFF DEREK REEVES, PLANNER STAFF COMMENTS The applicant is Candace Mette, the owner of 1845 Forsyth Court. The property is part of a two unit townhouse in an “L” formation in the Residential General Multi-Family (RG-M) zoning district. The current structure violates the front yard setback by 0.6 feet. The property was developed in the mid 2000s as part of the Francis Cove III Beaches Habitat project. The applicant would like to build a 5 foot by 10 foot screen porch in their front yard over an existing patio that would be approximately 14 feet from the property line. A variance is required under two code provisions for the proposed plan. The first code requiring a variance is the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time. This addition is occurring 10 years after the original construction. The second Page 2 of 4 code provision requiring a variance is Section 24-108(e)(1) which requires a 20 foot setback between the front property line and the house. If the project were not screened but instead an open porch, the applicant could have asked for a variance from Section 24-83(b) that allows open porches to project 4 feet into the front yard. This would mean that only a two foot variance would be required. However, the applicant wants a screen porch for protection from insects. It is important to note that the same code provision also allows screen porches to project 4 feet into the rear yard. This house is a little unique in that what is the front yard by code (the side abutting the street) is functionally a side or rear yard. Due to the “L” shape of the lot (see survey below), the developers placed the functional front door and driveway of a standard floor plan townhouse unit in the east side yard. A sliding glass door that would typically be located to access the rear yard was moved to access the front yard. While the city does not specify door or driveway location on a home, this project would not have been approved today based on the lot shape and specified setbacks. Front Door Front Door Adjoining Unit Front Yard Build Site Property Line 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. (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. The applicant stated in their application that the house sits sideways on the property resulting in the side yard of their house being considered the front. The applicant also pointed out that the house currently sits about 30 feet from the edge of pavement on Forsyth Court. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to approve 15-ZVAR-1048, request for a reduction in the front yard setback from 20 feet as required by Section 24-108(e)(1) to 14 feet for a 5 by 10 screen porch addition; and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time at Francis Cove Three Lot 8 (Except Part of Recorded Official Record 12596-2262) (aka 1845 Forsyth Court), 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 15-ZVAR-1048, request for a reduction in the front yard setback from 20 feet as required by Section 24-108(e)(1) to 14 feet for a 5 by 10 screen porch addition; and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time at Francis Cove Three Lot 8 (Except Part of Recorded Official Record 12596-2262) (aka 1845 Forsyth Court), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), 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.