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625 Atlantic Boulevard 16-ZVAR-109 Staff ReportAGENDA ITEM 4.C CASE NO 16-ZVAR-109 Request for a variance as permitted by Section 24-64, to reduce a two-way drive aisle width from 22 feet as required by Section 24-161(g)(3) to 14 feet to allow a new parking design while maintaining existing buildings at Saltair Section 1 Lots 762 to 766 (aka 625 Atlantic Boulevard). LOCATION 625 ATLANTIC BOULEVARD APPLICANT SEAN MONAHAN DATE JUNE 8, 2016 STAFF DEREK W. REEVES, PLANNER  STAFF COMMENTS The applicant is Sean Monahan who is the authorized agent for 625 Atlantic Boulevard and the owner of 617 Atlantic Boulevard. Both properties have one-story commercial buildings at the rear of the lots with parking in front and are located within the Commercial General zoning district. The applicant is requesting to redesign both parking lots where 625 Atlantic Boulevard would have a 14 foot wide drive aisle between parking on either side. The parking at 617 Atlantic Boulevard would remain largely the same except that 2 spaces will be removed for access to the parking lot of 625 Atlantic Boulevard. The building at 617 Atlantic Boulevard is 1800 square feet, which requires 5 parking spaces for its current retail use. The site is currently over parked and the loss of 2 spaces will not be an issue, though the current spaces and drive aisle are nonconforming due to their substandard dimensions. The nonconforming parking can be maintained as is. The biggest changes will occur at 625 Atlantic Boulevard where the one large driveway to Atlantic Boulevard will be reduced and a second side of parking will be added. The building at 625 Atlantic Boulevard is 3100 square feet, which requires 13 parking spaces for its current shopping center use. The site currently has 8 spaces where cars often take advantage of the near property width driveway to park behind each other. The applicant hopes to be able to pick up the remaining 5 spaces needed in their plan. Opening up the property line between the two properties will also allow for easier movement in and out of both properties. A variance is required because the drive aisle between the two sides of parking at 625 Atlantic Boulevard will be 14 feet wide and Section 24-161(g)(3) requires 22 foot drive aisles. The parking spaces themselves will meet the minimum 9 feet by 18 as required by code and where possible they will be as wide as possible to allow for greater turn areas. It is important to note that the measurements provided in the application are based on the existing conditions where parking areas extend beyond the property lines to the sidewalk in the right-of-way. The sidewalk is actually about 5 feet from the property line. The viability of this will have to be reviewed by Public Works once formal plans have been submitted for permitting. Code does require certain landscaping on commercial properties. However, it cannot be required until a property undergoes redevelopment that exceeds 25 percent of the current assessed value, which is not expected in this case. The City’s Building Official has reviewed preliminary plans and has asked that a handicap parking space be provided at each property where none exist today. The applicant has also run this plan by Public Works to consider the impacts of filling the small grass area at the southwest corner of 625 Atlantic Boulevard. They felt that the use of pervious pavers would more than make up for small area to be covered. It should also be noted that while impervious surface limits for commercial properties is 70 percent, existing properties that exceed that can maintain their impervious surface percentage after any redevelopment. 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. The applicant stated in their application that the existing parking lots are small and provide access and pedestrian safety issues. The proposed changes would help resolve some issues. 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. REQUIRED ACTION The Community Development Board may consider a motion to approve 16-ZVAR-109, request to reduce a two-way drive aisle width from 22 feet as required by Section 24-161(g)(3) to 14 feet to allow a new parking design while maintaining existing buildings at Saltair Section 1 Lots 762 to 766 (aka 625 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-109, request to reduce a two-way drive aisle width from 22 feet as required by Section 24-161(g)(3) to 14 feet to allow a new parking design while maintaining existing buildings at Saltair Section 1 Lots 762 to 766 (aka 625 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.