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1072 Beach Avenue ZVAR-2010-04 DocumentsCITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us November 17, 2010 FIL� COPI Jacqueline and Joel Suarez 1072 Beach Avenue Atlantic Beach, Florida 32233 Ree Request for minor dimensional variances for property located at 1072 Beach Avenue Dear Mr. and Mrs. Suarez: Based upon discussion and findings of Staff and Board members at the November 16, 2010 meeting of the Community Development Board, a decision was made by Mrs. Suarez, in conjunction with Contractor Gary Grider, to withdraw application ZVAR-2010-04, request for variance from required side yard setbacks in the RS -2 Zoning District for the property located at 1072 Beach Avenue. Subsequently, Mrs. Suarez requested a minor dimensional variance from the same required side yard setbacks. Section 24-48(h) of the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach authorizes the Community Development Director to grant minor dimensional variances not to exceed five (5) percent of the required standard, or up to nine (9) inches in the case of combined fifteen (15) foot required side yard setbacks. After consideration of the surveyed dimensions, which indicate an additional four (4) inches available within the side yards, and the allowance of up to twenty-four (24) inches of structural projections into required side yards [Section 24-83(b)], it was determined that you are only deficit eight (8) inches of the thirty-six (36) inches required to build your proposed outdoor stairs as a secondary egress from the second story of your home. Thus, your request for administrative variance to reduce the combined fifteen (15) foot setback by eight (8) inches is hereby approved. In summary, the combined fifteen (15) foot required side yard setback shall now be fourteen (14) feet and four (4) inches. The remaining twenty-eight (28) inches required for your project shall consist of twenty-four (24) inches of allowable projection into the required side yards and the four (4) additional inches of side yard exceeding the minimum requirement according to survey. Please be aware that the project must commence, and Building Permits must be issued within one year of this date, or the terms of this administrative variance shall expire. Please submit a copy of this letter along with any application for Building Permits, and feel free to call me at 270-1605 with any questions. Sincerely, Erika Hall Principal Planner yA AGENDA (C®MD\4UNffTY DEVELOPMENT BOAS FILE CITY OF ATLANTIC BEACH Tuesday, November 16, 2010 at 6:00 p.m. (Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Approval of minutes of the October 19, 2010 meeting. 3. Recognition of Visitors. 4. Old Business. a. UBE-2010-05. Request from Lawton Hall for a Use -by -Exception to allow for the production of custom crafted surfboards in an existing space located at 45 W. 6th Street within the Commercial General District. ('Phis item was remanded by the City Commission due an erroneous address / change in location of the requested Ilse -by -Exception). 5.�New Business. a. ZVAR-2010-04. Request from Jacqueline and Joel Suarez for a reduction in the required ten (10) foot side yard setback to seven (7) feet, to allow for addition of stairs as a secondary means of egress from the second story living area of a single-family home located at 1072 Beach Avenue within a Residential Single -Family (RS -2) Zoning District. 6. Other business not requiring action. 7. Adjournment. All information related to the item included in this agenda is available for review at the City of Atlantic Beach Planning and Zoning Department located at 800 Seminole Road, Atlantic Beach, Florida and may be obtained at this office or by calling (904) 247-5826. Interested parties may attend the meeting indicated in this notice and state your opinions, or comments regarding the agenda items may be mailed to the address contained in this agenda. If a person decides to appeal any decision made by the Community Development Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which any appeal is based. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in this proceeding should contact the City of Atlantic Beach (904) 247-5800, 800 Seminole Road, Atlantic Beach, Florida 32233 not later than 5 days prior to the date of this meeting. AGENDA ITEM 5.a J �l FILE COPY COMMUNITY DEVELOPMENT STAFF REPORT November 16, 2010 Public Hearing ZVAR-2010-04, Suarez, 1072 Beach Avenue To: Community Development Board From: Planning, Zoning and Community Development Department Date: November 09, 2010 Subject: ZVAR-2010-04 Applicant: Jacqueline and Joel Suarez 1072 Beach Avenue Atlantic Beach, Florida 32233 Requested Change: Application for a Variance from Section 24-106(e)(3) to reduce the required side yard setback from ten (10) feet to seven (7) feet to allow the addition of stairs as a secondary means of egress from the existing second story living area of a single-family home located at 1072 Beach Avenue within a Residential Single -Family (RS -2) Zoning District. Location: 1072 Beach Avenue Existing Zoning: Residential Single -Family (RS -2) STAFF COMMENTS The applicant has requested this Variance in order to construct stairs within the required ten (10) foot side yard setback along the southern side of the existing house. The applicant has stated in an attached narrative that said stairs would "provide a secondary means of egress from our living area and bedrooms from the second floor." The subject property is a standard size rectangular 50' x 100' platted Lot of Record within the Atlantic Beach subdivision (Lot 11, Block 40). The existing structure was constructed in 1995, according to the same RS -2 development standards that are currently in effect. Prior to submittal of this application, staff advised an agent for the applicant that none of the conditions required to be demonstrated in order for the Community Development Board to approve a Variance were present. However, the applicant proceeded with submittal, but failed to include pages 2-4 of the application and therefore did not indicate under which of these conditions, a Variance was being sought. Instead the attached type -written request was submitted. Section 24-64 (d). Grounds for approval of a Variance. 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. FILE COPY (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. 2 SUGGESTED ACTION FOR APPROVAL FIL L Copy The Community Development Board may consider a motion to approve this request for a Variance from Section 24-106(e)(3) to reduce the required side yard setback from ten (10) feet to seven (7) feet to allow addition of stairs as a secondary means of egress from the second story living area of an existing single family home located on a lot at within the RS -2 Zoning District, upon finding: ❑ 1. There are exceptional topographic conditions of or near the property. E12. There are surrounding conditions or circumstances impacting the property disparately from nearby properties. ❑ 3. There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. E14. There are regulations, which were enacted after platting or after development of the property or after construction of improvements upon the property that have onerous effect upon current use and development of the property. E15. The lot is of irregular shape, warranting special consideration. E16. The lot is of substandard size, warranting a variance in order to provide for the reasonable use of the property. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny this request for a Variance from Section 24-106(e)(3) to reduce the required side yard setback from ten (10) feet to seven (7) feet to allow addition of stairs as a secondary means of egress from the second story living area of an existing single family home located on a lot at within the RS -2 Zoning District, upon finding: ❑ 1. There are no exceptional topographic conditions of or near the property. E12. There are no surrounding conditions or circumstances impacting the property disparately from nearby properties. E13. There are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. E14. There are no regulations enacted after platting or after development of the property or after construction of improvements upon the property having an onerous effect upon existing use and development of the property. ❑ 5. The lot is not of irregular shape warranting special consideration. ❑ 6. The lot is not of substandard size warranting a Variance in order to provide for the reasonable use of the property. 3 November 9, 2010 Jacqueline and Joel Suarez 1072 Beach Avenue Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH LEC' i DING AND PLANNING 00 SEMINOLE ROAD BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us Re: November 16th meeting of the City of Atlantic Beach Community Development Board Dear Mr. and Mrs. Juarez: Please be advised that your application for a Variance will be considered by the Community Development Board at their meeting on Tuesday, November 16th. The meeting begins at 6:OOpm and will be held in the Commission Chambers located at City Hall at 800 Seminole Road. You should be aware that failure to be present at this meeting to represent this request may result in delay of action on the application. Please call 270-1605 to confirm your plans to attend the meeting. (You may leave a voice mail message.) Sincerely, 2AWAt, 44� Erika Hall Principal Planner encl