617 Atlantic Boulevard 16-ZVAR-145 Staff ReportAGENDA ITEM 4.B
CASE NO 16-ZVAR-145
Request for a variance as permitted by Section 24-64, to reduce side yard setbacks from a combined 15 feet with a minimum of 5 feet on either side as required by Section 24-111(f)(3)
to 0 feet on each side to allow the enclosure of an existing open porch at Saltair Section 1 Lots 765 and 766 (aka 614 Atlantic Boulevard).
LOCATION 617 ATLANTIC BOULEVARD
APPLICANT SEAN MONAHAN
DATE AUGUST 5, 2016
STAFF DEREK W. REEVES, PLANNER
STAFF COMMENTS
The applicant is Sean Monahan, the owner of the property and business at 617 Atlantic Boulevard. The property consists of a standalone building with a single tenant and associated parking
within the Commercial General (CG) zoning district. The parking extends to the property lines in front of the building and the building is less than a foot from the side property lines.
The applicant is planning to resurface the parking lot with pavers and remodel the building façade while enclosing the front walkway/porch area.
A variance is required by Section 24-111(f)(3), which requires side yard setbacks of a combined 15 feet with a minimum of 5 feet on one side, while the applicant would like to enclose
an open porch that is within one foot of each side property line.
The existing structure is considered a nonconforming structure because it does not meet the required side yard setbacks as well as rear yard setbacks and has an impervious surface in
excess of 70 percent. Section 24-85(c) prohibits the expansion of a nonconforming building that would make the structure more nonconforming. Open porches can be 24 inches into each
side yard for a combined side yard of 11 feet. By enclosing the open porch, the nonconforming setbacks increase from 11 feet to 15 feet.
The property was originally developed in 1978 with 4 inch side yards. While there have been changes to the exterior of the building over the years, the building is in the location it
was approved to be in relative to property lines. The applicant also owns the building to the west and welcomes the addition because the building facades will be more in line with each
other. The property to the east is a newer building that should be minimally impacted as their windows are high on the wall and there are no doors or walkways in the area.
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:
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property.
The applicant stated in their application that the building was constructed under zero lot line regulations that have changed, which now limit the enclosure of the porch area. They added
that forward position of the building to the east that they would not suffer by putting walls on an existing covered porch.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
REQUIRED ACTION
The Community Development Board may consider a motion to approve 16-ZVAR-145, request to reduce side yard setbacks from a combined 15 feet with a minimum of 5 feet on either side as
required by Section 24-111(f)(3) to 0 feet on each side to allow the enclosure of an existing open porch at Saltair Section 1 Lots 765 and 766 (aka 617 Atlantic Boulevard), 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:
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property.
Irregular shape of the property warranting special consideration.
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 16-ZVAR-145, request to reduce side yard setbacks from a combined 15 feet with a minimum of 5 feet on either side as required
by Section 24-111(f)(3) to 0 feet on each side to allow the enclosure of an existing open porch at Saltair Section 1 Lots 765 and 766 (aka 617 Atlantic Boulevard), 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:
Light and air to adjacent properties.
Congestion of streets.
Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources.
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.