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