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2019 Beach Avenue ZVAR -11-00100065 (Harkleroad)FILE COPY 1# w Community Development Board ORDER APPLICANT: Carl Harkleroad 2019 Beach Avenue Atlantic Beach, Florida 32233 FILE NUMBER: ZVAR-11-40100065 I ZVAR-11-00100065-A.1 DATE OF PUBLIC HEARING: February 1, 2012 Pursuant to Section 24-64 of the City of Atlantic Land Development Regulations, the above referenced applicant requested an amendment to a previously granted variance from Section 24-106(e)(2) to further reduce the required rear yard setback for a principal structure from ten (10) feet to four and one-half (4 %) feet within the Residential Single Family (RS -2) Zoning District on a property located at 2419 Beach Avenue. On February 1, 2012, a special called meeting was convened and a public hearing was held where the said request was considered by the City of Atlantic Beach Community Development Board. Having considered the application, supporting documents and comments by staff, the applicant, and the public, the Community Development Board moved to deny the current request for amendment and rescind the previously granted variance, finding the request for amendment inconsistent with the specific grounds for approval provided by Section 24-64(d)(1) through (6) and contrary to the general purpose and intent of the Land Development Regulations, and further finding, in accordance with Section 24-47(c), and based upon the presentation of new evidence, the previous variance which reduced the required rear yard setback from twenty (20) feet to ten (10) feet was granted based upon presentation of inaccurate and erroneous information. The motion carried by a vote of five to two (5-2). NOW THEREFORE, based on the said findings, the Community Development Board hereby DENIES this variance amendment to further reduce the required rear yard setback for the principal structure from the previously granted ten (10) feet to four and one-half (4 %) feet from the rear property line at 2019 Beach Avenue. FURTHER, based on the said findings, the Community Development Board hereby RESCINDS the December 24, 2011 order granting a variance to reduce the required rear yard setback for the principal structure from twenty (20) feet to ten (10) feet from the rear property line at 2019 Beach Avenue. DA D THI'�.. Ne DAY OF FEBRUARY, 2012. Chris Lambertson, Chairman Community Development Board The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as appears in the record of the Community Development Board minutes. GL4 �4 Michael Griffin, CB CF Interim Community Development Director �R':,. J_, x911 CITY OF ATLANTIC BEACH COMMJNITY DEVELOPMENT BOARD SPECIAL MEETING Wednesday I February 1, 2012 1 6:00pm Commission Chambers 1 800 Seminole Road 1. Call to order. 2. Approval of minutes of the January 17, 2012 meeting. 3. Recognition of Visitors. 4. Old Business. a. ZVAR-11-00100065-A.1, Harkleroad, 2019 Beach Avenue. Request for an amendment to previously granted variance [ZVAR-11-00100065] from Section 24-106(e)(2), further reducing .the required rear yard setback for a principal structure from twenty (20) feet to four and one-half (4 36) feet for an additional reduction of five and one-half (5 36) feet, within the Residential Single Family (RS -2) Zoning District on a property located at 2019 Beach Avenue. 5. New Business. a. ORDINANCE NO 90 -12 -XX Recommendation to the City Commission to amend Section 24-151, to establish a minimum required separation of six (6) feet between accessory buildings and structures and other buildings and structures; to correct four (4) incorrect references in the existing provisions; and to reorder subsection 24-151(b)(2), grouping those provisions related to use and those related to dimensions. 6. Other Business Not Requiring Action. None. 7. Adjournment. All information related to the item(s) 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 32233, and may be obtained at this office or by calling (904) 247-5800. Interested parties may attend the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Persons appealing decision made by the Community Development, Board with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceedings, including the testimony and evidence upon which any appeal is based, is made. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, or (504) 247-5800, not less than five (5) days prior to the date of this meeting. FEBRUARY 1, 2012 'SPECIAL MEETING AGENDA ITEM 4a COMMUNITY DEVELOPMENT STAFF REPORT February 1, 2012 Public Hearing Zoning Variance, ZVAR-11-00100065-A.1 TO: Community Development Hoard FROM: Erika Hall Principal Planner DATE: January 23, 2012 APPLICANT: Carl E Harkleroad 2+019 Beach Avenue REQUEST: Request for an amendment to previously granted variance [ZVAR-11-00100065] from Section 24-106(e)(2), further reducing the required rear yard setback for a principal structure from twenty (20) feet to four and one-half (4 'h) feet [for an additional reduction of five and one-half (5 1h) feet], within the Residential Single Family (RS -2) Zoning District on a property located at 2019 Beach Avenue. Previously, the above referenced applicant requested a variance from Section 24-106(e)(2) to reduce the required rear yard setback for a principal structure from twenty (20) feet to ten (10) feet within the Residential Single Family (RS -2) Zoning District on a property located at 2019 Beach Avenue. on December 20, 2011, a public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board. Having considered the application, supporting documents and comments by staff and the applicant's authorized agent, the Community Development Board unanimously approved the request, finding it consistent with Section 24-64(d)(4) of the Land Development Regulations establishing grounds for approval of a variance due to the onerous effect of regulations enacted after construction of improvements upon the property and an undue hardship resulting from mutual errors on the part of the City, due to process deficiencies, and on the part of the applicant, due to inconsistent submittals, and also finding that this variance request, like all others, stood on the merits of circumstances particular to it alone, and in no way constituted a precedence for future actions. However, since the granting of the above described variance, there have been two developments dictating reconsideration. First, northern adjacent property owner Richard Reichler has submitted a letter of objection and expressed intention to appeal the Board's decision, of the original variance based upon purported inaccuracies in the survey submitted to the Building Department for permit issuance, and to the Planning & Zoning Department for the previous variance request. Additionally, Mr. Reichler has expressed concern regarding the applicant's ability, based upon the granting of the variance to now exceed the height and size limits once imposed on the previously FEBRUARY 1, 2012 SPECIAL MEETING detached accessory units that are now considered part of the principal structure. Further, several Board members have contacted staff about this same issue, and are concerned over the impact of this "unintended consequence" of granting the original ten (10) foot rear yard setback to the principal structure. Second, because of concerns over purported inaccuracies in the survey, a new certified survey was required by the Building Department. As a result, it has been determined that both the original and revised site plans for the current project were drawn according to incorrect survey data, and the new certified survey indicates the western property line is approximately five and one-half (5 Y2) feet further to the east than originally presented. This further decreases the remaining rear yard from the assumed ten (10) feet retraining after granting of ZVAR-11- 00100065 to only four and one-half (4 V2) feet. Therefore, the applicant is now requesting an amendment to the original variance, decreasing the minimum required rear yard setback for a principal structure from twenty (20) feet to four and one-half (4'2) feet. In the mean time, a STOP WORK ORDER was issued when the current error was brought to light, even though a substantial amount of construction has already been completed. Though both sides previously assumed a certain degree of responsibility for miscommunications, misrepresentations, and misunderstandings, the issue at hand now is clearly beyond the scope of liability for the City, and the Community Development Board may proceed according to the following provision: In exercising its powers, the Community Development Board may, in conformance with the provisions of this chapter, reverse, affirm or modify, in whole or in part, any previously rendered order, requirement, decision or determination provided such action is based upon inaccurate information. [Section 24-47(c)]. And thus the options available to the Board are as follows: 1. Reaffirm the previous order aa approve the requested amendment, further reducing the minimum required rear yard setback for a principal structure within the RS -2 zoning district on a property located at 2019 Beach Avenue, from twenty (20) feet to four and one-half (41h) feet. The Board should keep in mind that the maximum height for principal structures is thirty-five (35) feet as opposed to twenty-five (25) feet for two-story detached accessories typically allowed to within ten (10) feet of the rear property line and, as opposed to fifteen (15) feet for one-story detached accessories typically allowed to within five (5) feet of the rear property line. While the Board may prescribe conditions [Section 24-64(g)], that essentially places a height limit on that portion of the building located within the reduced rear yard, such a condition could he difficult to monitor or enforce in the future. 2. Reaffirm the previous variance order iL deny the requested amendment, thereby requiring any new construction encroaching beyond the ten (10) foot setback from the rear property line to be removed. 3. Deny the requested amendment MW revoke the previous variance order, thereby requiring all new construction be completely removed. In this scenario, the original one-story, two -car detached garage would have to be restored to original horizontal and vertical dimensions, though it could still be re- oriented from a southern access to a western access. likewise, the original breezeway separating the detached garage from the principal structure would have to be restored. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 2 of 5 In considering these options, the Board should carefully review the applicable provisions: SECTION 24-49. APPEALS. ...appeals of final decisions of the Community Development Board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties. At the hearing, any party may appear in person, by agent or by attorney. (b) Appeals of decisions of the Community Development Board. Appeals of a decision of the Community Development Board may be made to the City Commission by any adversely affected person(s), any officer, board or department of the City affected by any decision of the Community Development Board made under the authority of this Chapter. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the City Commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this Chapter, in whole or in part, specifying the grounds of the conflict or violation. The petition shall be presented to the City Commission within thirty (30) days after the filing of the appeal with the City Clerk. SECTION 24-64. VARIANCES. A variance may be sought in accordance with this Section... (a) Application. A request for a variance shall be submitted on an application form as provided by the City and shall contain each of the following; (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time, schedule the application for public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (1) 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. (2) The Community Development Board shall not grant a variance which would allow a use that is not a permitted use, or a permitted use -by -exception, in the applicable zoning district. In the case of an application for a use -by -exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the City Commission. In the event that the use -by -exception is denied by the City Commission, any approved variances shall be rendered null and void. (3) The Community Development Board shall not approve any variance that would allow a use that is prohibited by the terms of this Chapter or the Comprehensive Plan. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 3 of 5 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (c) Grounds for denial of a variance. No variance shall be granted if the Community Development Beard, 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 situations created by the property owner. (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. (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 or 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. (e) Approval of a variance. To approve an application for a variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the variance will be in harmony with the purpose and intent of this Chapter. In granting a variance, the Community Development Board may prescribe appropriate conditions in conformance with and to maintain consistency with City Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter, and shall be subject to established Code Enforcement procedures. (f) Approval of a lesser variance. The Community Development Board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this Section and with the purpose and intent of this Chapter. (g) Nearby nonconformity Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (h) Waiting period for re -submittal. If an application for a variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (i) Time period to implement variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The Community Development Director, upon finding good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 4of5 [�) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title of the property unless otherwise stipulated by the Community Development Board. ATTACHMENTS. Application for Variance (Amendment), ZVAR-11-00100065-A.1, including "Variance Request Statement" from owner's agent, dated 01-11-2012, and received by the City of Atlantic Beach Building Department on the same date. Certified Boundary Survey from Atlantic Coast Surveyors, for Job # 10-2459, dated 10-28-10, and revised on 01-11-2012, and received by the City of Atlantic Beach Building Department on the same date. This survey shows the northwest corner of the existing garage to be 12.2' from the rear (western) property line, the southwest corner of the existing garage to be 4.7' from the rear property line, and the southwest corner of the new garage to be 4.5' from the rear property line. Letter of Objection, from adjacent property owner Richard Reichler, dated 01-12-2012, received by Planning & Zoning staff via email on the same date. Revised Site Plan, drawn and annotated on top of a copy of a boundary survey from Atlantic Coast Surveyors (dated 10-28-2010) and submitted with original Application for Variance, ZVAR-11-00100065, received on 11-23-2011. This site plan shows the northwest corner of the existing garage to be 14.2' from the rear (western) property line, and the southwest corner of the existing garage to be 10.0' from the rear property line. The southwest corner of the new garage is shown to be 10.2' from the rear property line. Copy of Boundary Survey from Atlantic Coast Surveyors, certified to Carl E Harkleroad and Judith M Harkleroad (purchasers), Old Republic National Title Insurance Company, and Crabtree and Fallar Title Services, Inc, and dated 10-28-2010, received by Planning & Zoning staff from Mr. Harkleroad on 01-17-2011 at 7:05pm at the regular meeting of the Community Development Board, held in Commission Chambers at 800 Seminole Road. According to this copy of a survey obtained by the current owner at time of purchase, the northwest corner of the existing detached garage is 14.2' from the rear (western) property line, and the southwest corner of the same existing detached garage is 10.0' from the rear property line. Copy of Map Showing Survey of "2019 Beach Avenue", made for the benefit of Michael J and Michele R Curran, dated April 8, 2002 and signed by Donn W Boatwright, as received by the City of Atlantic Beach Building & Zoning on 04-12-2002. According to this copy of a survey obtained from the City archive files, the northwest corner of the existing detached garage is 12.2 feet from the rear (western) property line, and the southwest corner of the existing detached garage is 4.7' from the rear (western) property line. Copy of Letter from City of Atlantic Beach (to Florida Department of Enviromental Protection) verifying that the project proposed for 2019 Beach Avenue, did not contravene local setback requirements, zoning or building codes, and was consistent with the state approved Local Comprehensive Plan, dated 08-02-2000 and signed by then -Building Official Don Ford and then -Zoning Director George Worley II. FEBRUARY 1, 2012 SPECIAL MEETING AGENDA ITEM 4a Page 5 of 5 My name is Richard Reichler and I live at 2025 Beach Ave. Mr. Harkleroad is my next door neighbor to the south. I am recommending that the board reverse the prior variance approval ZVAR-11-00100065 of December 20, and deny the current variance request, based on the fact that both were submitted using grossly misrepresented surrey information. The building permit application and December variance application are both based on an extremely unusual boundary survey in that it contains no boundary measurements. No corners are identified -- no distances or bearings between corners are measured. Only plat information is shown for the boundary, and most of that is either not relevant or is misrepresented. Importantly though, two grossly inaccurate measurements are presented as the distance between the western corners of the existing single -story garage and the beach avenue right-of-way: A 10ft number that misrepresents, by over 5ft, that the Lo- be -enlarged existing garage will exactly meet the required setback, and a 14.2ft number that, when used with the 10ft number, misrepresents the angle of the right-of-way boundary as approximately 11 degrees to north instead of the actual 18 degrees, providing the illusion that there is just enough room to attach an additional (albeit illegal) concrete block garage next to the existing two car garage. Only after the 10ft variance was approved, on December 20th, did the just -mentioned misrepresentations become obvious when the building inspector explained to me that because of a missing (per the builder) physical survey marker, the inspector had to rely on the previously -mentioned survey measurements in order to check that the addition was in compliance with setback requirements. The misrepresentations became even more numerous when on the following day, the same survey tech that had drafted the original survey, along with the builder, attempted to persuade the building inspector and myself that the survey's interpretation of the location of the city's right of way was correct by a.) illegally moving my capped survey monument aft towards the street, in order to make its location consistent with the two grossly inaccurate measurements on the survey and b.) loudly arguing that the location of the southwest corner of the property (where the marker was purportedly missing) could not possibly be located anywhere near the location shown on the archive survey presented by the city at the December 20 meeting and should be 7-8ft closer to (and almost in) the road surface. The survey for today's variance request includes additional inaccuracies, including all the bearings. The 4.5ft setback is not consistent with the 12.2ft and 4.7ft figures obtained from an earlier survey for the prior owner of the property. Again, no measurements appear to have been made, nor were any monuments set. In summary, the information provided to the city by the homeowner for the building permit, the December20 variance, and the current variance request is not just inaccurate, it includes many major misrepresentations that have occurred since before the homeowner purchased his home. The only legitimate solution to this issue, based on the new information, is for the board to reverse the 10ft variance approval and deny the current request. The property needs to be brought back into compliance with the existing land development regulations. Hall, Erika From: Stanley Barnwell [barnwesl@ohsu.edu] Sent: Tuesday, January 31, 2012 3:56 PM To: Hall, Erika Subject: 2011 Beach Avenue Harkleroad, Carl Fallow Up Flag: Follow up Flag Status: Flagged Dear Sir/Madam: I am the property owner of 2011 Beach Avenue, the neighbor immediately south of 2019 Beach Avenue, currently owned by Carl and Judy Harkleroad. This property has been in my family since 1955. I understand construction at 2019 Beach Avenue is under a stop -work order because of setback and survey -related issues. This new garage addition does not in any way adversely affect my property, and I do not foresee any potential problems associated with it. However, the construction delays do affect all of us on Beach Avenue because of limited driving and parking space available. So construction may continue, I request a variance be granted to allow for the setback. I would like the Harkleroads to be able to finish quickly the work on their property. From my perspective it is very attractive. Feel free to call with any questions. thanks Stanley L. Barnwell, M.D., Ph.D. Medical Director, Interventional Neuroradiology Department of Neurological Surgery and the Dotter Interventional Institute Oregon Health and Science University 3181 SW Sam Jackson Park Road Portland, Oregon 97239-3098 503-494-7736 (Barbara Fullman, administrative assistant) barnwesl@ohsu.edu 1/25/2012 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 Application Number 11-00100065 Date 1/19/12 Property Address . . . . . . 2019 BEACH AVE Application type description ZONING VARIANCE Property Zoning . . . . . . . TO BE UPDATED Application valuation . . . . 0 ---------------------------------------------------------------------------- Application desc 2.4106(e)(2) rear yard setback ---------------------------------------------------------------------------- Owner ------------------------ HARKELROAD ATLANTIC BEACH FL 32233 Contractor ------------------------ OWNER ---------------------------------------------------------------------------- Permit . . . . . . ZONING VARIANCE Additional desc . . Sub Contractor . . BEACHES BUILDING LLC Permit Fee . . . . 150.00 Plan Check Fee .00 Issue Date 11/23/11 Valuation . . . . 0 Expiration Date 11/23/11 ---------------------------------------------------------------------------- Special Nates and Comments APPROVED TO PROCESS CHECK ONLY SLG ------------------------- . . . . ZONING VARIANCE 150.00 -------------------------------------------------- .arged Paid Credited Due - 150.00 150.00 .00 .00 .00 .00 .00 .00 Or 150.00 150.00 .00 .00 300.00 300.00 .00 .oa City of Atlantic Beach *#*CUSTIPER RECEIPT e*+ Opera DWIT H Typo; OC Drawn 1 Bate.- 1/19/1' Al Receipt no: 24921 lksCr#gt ion Quantity Amount 2911 low Bt} BUILDING PERMITS 1.01 $151.0 Tender detail CK DECK 1415 $151.11 Total tendered #151.+11 Total payment 115L N Trans date.- 1/19/12 Time: 14:0.-26 CF. NVITEI ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA City of Atlantic Beach Building Department 800 Seminole Road Y� Atlantic Beach, Florida 32233-5445 Phone (904) 247-5826 - Fax (904) 247-5845 OR E-mail: building-dept@coab.us Cityweb-site: http://www.coab.us APPLICATION NUMBER (To be assigned by the Building Department.) ZVAR-11-00100065 Date routed: 1/1812812 APPLICATION REVIEW AND TRACKING FORM Property Address: Applicant: Project: 2019 BEACH AVENUE CARL HARKLEROAD ZONING VARIANCE AMENDMENT Department review required Yes No Building X Planning & Zoning X COMMUNITY DEVELOPMENT BOARD ATA SPECIAL CALLED MEETING ON WEDNESDAY, FEB 1, 2012. Tree Administrator X Public Works X Public Utilities X Public Safety X Fire Services X Review free $ 150.00 dept Signature La Other Agency Review or Permit Required Review or Receipt of Permit Verified B Date Florida Dept. of Environmental Protection COMMUNITY DEVELOPMENT BOARD ATA SPECIAL CALLED MEETING ON WEDNESDAY, FEB 1, 2012. Florida Dept. of Transportation NIA NIA St. Johns River Water Management District NIA NIA Army Corps of Engineers NIA NIA Division of Hotels and Restaurants NIA NIA Division of Alcoholic Beverages and Tobacco NIA NIA Other: NIA NIA APPLICATION STATUS Reviewing Department First Review: QApproved. [:1 Denied. (Circle one.) Comments: VARIANCE APPLICATION SUFFICIENCY REVIEW ONLY I SCHEDULED FOR PUBLIC HEARING BY THE COMMUNITY DEVELOPMENT BOARD ATA SPECIAL CALLED MEETING ON WEDNESDAY, FEB 1, 2012. BUILDING [STOP WORK ORDER, RE: BUILDING PERMIT RADD-11-000026251 PLANNING & ZONING E�-f J t y_LP�u x D Reviewed by: �''�ciate; 01119/2012 TREE ADMIN. Second Review: '❑Approved as revised. ❑Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: ❑Approved as revised. ❑Denied. Comments: Reviewed by: Date: Revised 07127/10 ZVAR-11-40100065-A.1 Hall, Erika From: CDBOARD [cdboard@coab.us] Sent: Thursday, January 12, 2012 5:03 PM To: (ry@ AlanAJensenLaw.com); ( om); (chris@elitehomesfl.com); (%Nsser P-maa��+.et);(l�rnn rl nuc r�nlo, r�i i:�vlen7l�i�i rn)• ) (Schmirkley@bellsouth.net); hparkes@comeast.net; . s; Hall, Erika Subject: FW: Harkleroad Variance(s) From. Richard Reichler[SMTP:RICHREICHLER@GMAIL.CQM] Sent: Thursday, January 12, 2012 5:02:47 PM To: CDBOARD Subject: Harkleroad Variance(s) Auto forwarded by a Rule Final Version 5:00pm January 12, 2012 (I promise never to use Gmail for these Again!) To City of Atlantic Beach Community Development Board (CDS) Members: Please accept this statement from me, as i will not be able to attend the January 17, 2012 meeting. Thank you. My name is Richard Reichler, and I live at 2025 Beach Avenue,next door to the Harkleroads at 2019 Beach Avenue. I attended the December 20, 2011 meeting of the CDB but was not able to stay for the entire discussion of my neighbor's variance request. When I read the minutes of the meeting, I was disappointed that the requested variance was granted unconditionally and that I was not present to recommend that a combination of lesser variances be applied to specific violations (per sec. 24-64 (F) of the Land Development Regulations). I then started to determine what, if any, negative impact this variance would have on me. The primary negative impact on me is that, with the variance, it appears that the 2019 Beach Avenue homeowner can now increase the volume of the addition dramatically (in accordance with sec.24-85c(1) of the Land Development Regulations) within the same footprint up to 35 ft above calculated average grade (CAGR) or about 40-43 ft above the existing garage floor level. The builder did not submit required height information, but it is clear that another two floors and upwards of 2,000 square feet of living space could be added and the two structures could be further connected. This is a significant added benefit above the "relief"that that the builder seems to have needed to avoid "unduehardship". This benefit to the applicant comes at my expense, as the potential massive structure will shadow my lawfully constructed private garage and western exposure of my principle residence. During my research process, I noticed that the 5 ft setback of the existing private garage, as shown in an older, as - proposed site plan for the now -existing main residence and private garage that was presented at the variance hearing, had become an exactly 10 ft setback in the "Project Site Placa" presented in the building permit application and also shown at the variance hearing. I asked Mike Griffin if the setback had been verified by the City. He said that Mike Jones had verified the 10.2 ft setback of the garage addition, which is consistent with the 10 ft value in the permit application for the existing garage. On December 34th, I asked Mike G. to have Mike J. call me and describe to me how he verified the measurements. Based on what transpired since, I believe that the following misrepresentations have occurred: 1. That, at the time of permit application, the applicant misrepresented, by the submission of a grossly inaccurate "survey" as a site plan, the distance from the city right of way to the to -be -expanded existing private garage as 10 ft, when in fact it was 4.7 ft, in order to meet the 10 ft setback requirement for a detached private garage (see Dec. 20 variance hearing exhibits and Boatwright 2004 as -built survey of the 2019 property held by Mike Griffin). 2. That, as told tome in person by the Atlantic Beach Building Inspector, the builder, Mr. Ray Henderson, personally and successfully persuaded the City of Atlantic Beach Building Inspector into the mistaken belief that, because of a supposedly missing (per the builder) survey monument, the misrepresented 10 ft setback of the existing private garage from the "survey" was to be used to determine the as -built setback of the under -construction 3rd -car garage (measured at 10.2 ft by the inspector), in order for the applicant to successfully obtain variance ZVAR-2011- 00100065 from the Community Development Board. 3. That, on January 5, 2012, after the variance ZVAR-2011-00100065 was granted by the Community Development Board, the builder, Mr. Ray Henderson, along with Mr.Gary Rogers of Atlantic Coast Surveyors, Inc., personally attempted to misrepresent to the City of Atlantic Beach Building Inspector and myself that the as -built setback of the under -construction 3rd -car garage was 10.2 ft, although it is actually closer to 4 or 5ft, through the illegal relocation by over 3 ft, by Mr. Rogers, of an existing monument, set by Tri-State Land Surveyors, Inc. that marked the southwest corner of my 2025 Beach Ave. property, and the placement of a small survey flag (but no monument) 7-8 ft closer to the road surface from an existing iron rod marking the southwest comer (or approximate SW corner) of the 2019 Beach Ave. property. Note that Mr. Rogers provided the measurements for (and also drafted.) the "survey" that was included in the building permit application. The Tri-State monument and the survey flag disappeared three days later. The following day, Atlantic Coast Surveyors refused to certify the survey to the City of Atlantic Beach (per Mike Griffin), resulting in a Stop Work order placed on the project. I understand from Mike Griffin that my neighbor wishes to obtain another variance for an even shorter setback from the right of way. I respectfully request that the Board consider reversing the 10ft variance approval ZVAR-11- 00140065, in accordance with sec.24-47c of the Land Development Regulations, since the decision was made based on inaccurate information, prior to hearing the new variance application. I would like to attend the "special" Board meeting that is under consideration. Unfortunately, I will not be able to attend a meeting prior to January 30th. Thank you for your consideration. If you have any questions, please feel free to call me at 904-571-4092 or e-mail me at richreichler,gmail.com ZVAR-11-00100065-A.1 ZVAR-11-4010006541 APPLICATION FOR A VARIANCE City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5845 • http:llwww.coab.us Date r File 1. Applicant's Name d6kga,?z& 2. Applicant's AddressV&-jVaC 3. Property Location _ 2-191 q 469 4. Property Appraiser"s. Real Estate Number. �e 7 000 -- - 5. Current Zoning Classification Z6 Z 6. Comprehensive Plan Future Land Use designation 7. Provision from which Variance is requested 15frB&J, - 8. Size of Parcel h�) � 0W 9. Homeowner's Association or Architectural Review Committee approval required for the prop conyt„ Kelon. Oyes NNo (If yes, this must be submitted with any application for a Building Per J��11 �1VV 1 20 12 10. Statement of facts and site plan related to requested Variance, which demonstrates complin ith Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attac - ation. Statement and site plan must clearly describe and depict the Variance that is re uested. 11. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where original Plans, Photo nhs or documents larger than 11 x17 inches are submitted. Please provide eight 8 copies of agj such original ocuments. d. Application Fee ($150.00) 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or tyl Signature(s): ADDRESS AND CONTACT INFORMATION REGARDING THIS APPLICATION Name �14&- E. 99121kLEt-r-I& Mailing Address: ,Ll Phone: qIV4 � �! ? - Zq 07 FAX: CORRESPONDENCE . 15441 3G Z55 Version' 1.'12.201)7 Z VAR -11-00144465-A.1 Instructions to apply for a Variance Variance requests are considered and acted upon during public bearings before the Community Development Board at their regular monthly meetings, which are held the third Tuesday of each month, unless. otherwise scheduled. Meetings are held at City Hall in the City Commission Chambers at 7:00 pm. The deadline for filing a Variance application, in order to be heard at the monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted to the Planning and Zoning Department located at City Hall. In order for a Variance application to be scheduled for public hearing, the application must be complete. All required information must be provided, and the required fee must be paid. (Variance fees are not refundable in the event that the Variance request is denied.) Cance the required fee and a complete application are submitted, the request will be scheduled for the next available public hearing. An advertised notice of the hearing will be published in the newspaper, and an orange zoning sign will be planed upon the property to notify neighboring residents that a Variance request will be considered. Before filing an application for a Variance, it may be useful to read and understand the following definition and requirements from the City's Land Development Regulations related to Variances. A Variance may be approved by the Community Development Board only when consistent with these provisions. Section 24-17. Definition of a Variance. 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. See. 24-". Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from, the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1) a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. ZVAR-11-0010000541 (4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (c) Grounds for denial of a Variance. 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 or more of the following. (1) light and air to adjacent properties. (2) congestion of Streets. (3) public safety, including risk of fire, flood, crime or other threats to public safety. (4) established property values. (5) the aesthetic environment of the community. (b) 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 situations created by the property owner. The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apiply to your re nest and briefly describe in the s ace iprovided. (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. ❑ (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. ZVAR-11-0014406541 ❑ (S) 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. (e) Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. (j) A Variance, which involves the Development of Land, shall be transferable and shalt run with the title to the Property unless otherwise stipulated by the Community Development Board. Additional comments: ZVAR-11-0010000541 Variance Request Statement We are applying for a setback variance to within 4.5 feet of West property boundary along Beach Avenue per attached certified revised boundary survey dated 1-11-12. The original survey/site plan provided to Building and Zoning for permitting was incorrect as it showed the property line approximately 6 feet West of the newly established line. Statement Prepared by: Ray Henderson Beaches Building, LLC for: Carl E. 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L, com0 ti,z Q d 0?<zoxor q -p �� CE 00 "°'a `m y"�py� 0op.r.-m® prn Z Z Q z x '� '� C�A01Rr1D >r- AZrmm a z$a .A a � t maa cm Csroor, m w b� s pm 3 v 0 ��- CMI an a a z W � Qz © •tt �J 3 August 2, 2000 TO WHOM tT MAY CONCERN: Re: 2019 Beach Avenue Curran Beach House ZVAR-1 1-001 00065-A. 1 800 SEMIN01 E ROAD ATLANTIC: BEACH. FLORIDA 31233-5445 TC:Ll PHONE 10'04) Tal 5800 FAX {9043 .47-5805 SUNC OINI 852-5900 We have reviewed the project located at 2019 Beach Avenue and find that it does notcontravene local setback requirements, zoning or building codes, and is consistent with the state approved Local Comprehensive Plan. Sincerely, (I—Q.zv Cion C. Ford Building Official-, � George Worley, II Zoning Director c Qj ti .y.yry y a LL. f+AO�ry q Nd��Np� M u U 'fir LL 8 EE pN a CL C] Q N I N 0 m o 3~mN �C E Q �ry 0 '^ c ro LA w � d as cD fl cc N Ln W U. 00 rl E O ULU m E E a U u -� n O O m O J a tiJ w Q) E 7 U OBJ CL CL ra CL CL C- C) q p C7 Cr C> &; N M r� r► .� w cu u Of O a1 0_7 ry .0 m N O m CA _ E u, _ C min 0I C 0111 0 `J O v CL CL O C:) � p O Q 0 0 C7 O R Nr a tip u a m %0 V-4ry 1� bT - 91/I 9Z - EVT Z/Z - N/T 6 - 9/F 91 - Si1Z m Y W fit City Commission ATTN: City Clerk City of Atlantic Beach Boo Seminole Road Atlantic Beach, Florida 32233 Richard R.eichler 2026 Beach Avenue Atlantic Beach, FL 32233 January 16, 2012 Received JA N 17 2012 ,0115 Dear Commissioners, Office of city Clerk I respectfully request that the Atlantic Beach City Commission grant my appeal, in accordance with sec. 24-49 (b) of the Land Development Regulations of the City of Atlantic Beach, of variance ZVAR-11•-ool00066, granted by the Atlantic Beach Community Development Board on December 20, 2011, providing for "...a variance from Section 24-1o6(e)(2), reducing the required rear yard setback for a principle structure from twenty (20) feet to ten (1o) feet within the Residential Single -Family (RS -2) Zoning District on a property located at 2o1g Beach Avenue..." There are three primary reasons for my request: 1. That both the building permit and variance for 201g Beach Avenue were obtained through the misrepresentation of facts to the Atlantic Beach Building Department and Community Development Board. 2. That the grounds for approval of the variance are invalid. 3. That the unconditional variance approved provides a benefit to the applicant (at the expense of neighboring properties, especially mine) that is grossly in excess of the relief purportedly required by the applicant --relief that could have been provided through approval of a lesser variance or variances per sec. 24-64(f) of the Land Development Regulations. I plan to present my petition to the Commission on February 13, 2012, as I will be out of town on January 23rd. Please note that if the Community Development Board nullifies or reverses the variance approval in accordance with sec. 24-47(c) of the Land Development Regulations, prior to presentation of this appeal, my appeal will be withdrawn, as it will be unnecessary. At the time of permit application, the applicant misrepresented, by the submission of a grossly inaccurate "survey" as a site plan, the distance from the city right of way to the to -be -expanded existing detached private garage as 10 ft, when in fact it was 4.7 ft, in order to meet the 10 ft setback requirement for a detached private garage. Note that an additional measurement on the "survey" of 14.2 ft (which is inconsistent with the rest of the "survey" measurements), when used in conjunction with the other fictitious number to locate the street right of way, gives the false impression that there is just enough room to place a garage that is 22 ft deep (minimum needed for a concrete black structure) by 13 ft wide (reaches south -side setback line) adjacent to the existing private garage (Please refer to the Dec. 20 variance hearing exhibits and Boatwright 2oo4 as -built survey of the 2019 property, held by Mike Griffin). As told to me in person by the Atlantic Beach Building Inspector, the builder, Mr. Ray Henderson, personally and successfully misrepresented to the City of Atlantic Beach Building Inspector that, because of a supposedly missing survey monument (per the builder), the false 10 ft setback of the existing private garage shown on the "survey" was to be used to determine the as -built setback measurement of the under -construction 3K -car garage (measured at 10.2 ft by the Inspector), needed in order to obtain variance ZVAR-2o11-ool00065 from the Community Development Board. After the variance ZVAR 2011-oox00065 was granted by the Community Development Board, the builder, Mr. Ray Henderson, along with Mr. Gary Rogers of Atlantic Coast Surveyors, Inc., personally attempted to misrepresent to the City of Atlantic Beach Building Inspector and myself that the as -built setback of the under -construction 3rd -car garage was 10.2 ft, although it is actually closer to 4 or 5 ft, through the illegal relocation (3 ft towards the road), by Mr. Rogers, of an existing monument, set by Tri-State Land Surveyors, Inc. that marked the southwest corner of my 2025 Beach Ave. property, and the placement of a small survey flag (no monument) 7-8 ft closer to the road surface from an existing iron rod marking (or approximating) the southwest corner of the 2o19 Beach Ave. property. By attempting to create a setback line consistent with the two fictitious measurements (10 ft and 14.2 ft) on the "survey", the two had managed to expose just how absurd and grossly inaccurate the "survey" was. Yet, both Mr. Rogers and Mr. Henderson continued to assert to me, in the presence of the Building Inspector, that the fictitious setback line was correct (Mr. Henderson became visibly angry). Note that Mr. Rogers provided the measurements for (and also drafted) the "survey" that was included in the building permit application. The relocated Tri-State monument and the survey flag disappeared three days later (see Atlantic Beach Police Department Case#12-00421). The following day, Atlantic Coast Surveyors refused to certify the "survey" to the City of Atlantic Beach (per Mike Griffin), resulting in a Stop Work order placed on the project. 2 The "onerous effect of regulations enacted after platting or after development of the property or after construction of improvements of the property" (sec. 24-64(d) (4) of the Land Development Regulations), used as grounds for the variance request, is not applicable in this case since every regulation violated by the builder was enacted at least a year before the building permit was submitted. For the building permit application, Mr. Henderson cited and utilized sec. 24-161(b) xiv of the Regulations governing accessory structures to place an exterior stairway within 3 ft of the south -side lot line, yet he implied that he was unaware of, and unknowingly grossly violated, item iv (detached private garages) in the same sec. 24-151(b), necessitating the after -the -fact variance request. Mr. Henderson also was able to cite and utilize on the building permit. 2 application a more obscure section 24-48(h) of the same Laud Development Regulations that details the granting of minor dimensional variances within the authorities and responsibilities of the Community Development Director, yet he has so far ignored the driveway regulations contained in sec. 24-253 (i & ii) of the Regulations (he would need a variance but did not apply for one) and the City's Tree Regulations (violated). The remaining grounds for the variance request. "...an undue hardship resulting from mutual errors on the part of the City, due to process deficiencies, and on the part of the applicant, due to inconsistent submittals..." are: a) Not included in the Grounds for approval of a Variance (sec.24-64(d) of the Land Development Regulations). b) As a result of the invalid "onerous effect" grounds, specifically prohibited, as "Variances shall not be granted solely ... for relief from financial circumstances or relief from situations created by the property owner" (sec. 24-64(c)). The unconditional variance approved provides a benefit to the applicant (at the expense of neighboring properties, especially mine) that is grossly in excess of the relief purportedly required by the applicant. By granting "principle residence" status to the combined original residence and addition, the owners and/or successors now have the right, at any time in the future, to expand the volume of the addition, primarily upward, as much as 35 feet above calculated average ,grade (CAGR, defined in sec. 24-17 of the Land Development Regulations) and further connect the two structures, all in full compliance with the existing Land Development Regulations (sec. 24- 85(c){1)). Since the CAGR may be as much as 7-8 feet above the floor of the private garage that is under construction (I say "may be" because this required information was not supplied to the Building Department to allow for verification that the proposed height of the structure is in compliance with height requirements), this would allow for an additional two floors and over 2,000 additional square feet of living space, blocking the southerly exposure of my lawfully constructed private garage and western side of my principle residence to the sun. The potential structure allowed, solely as a result of this variance, may significantly reduce the value of my home. If the existing building permit is revoked, the variance still provides substantial incremental value to the homeowners, even if part of the new construction is demolished and reconstructed to the to ft setback line. This gift to the applicant is far in excess of what would have been provided by lesser variances specific to the violations (mainly the Zoo additional square ft and minimal connection to principle structure) per sec. 24-64(f) of the Land Development Regulations. Conclusion The combination of main residence and private garage that existed prior to the recent construction, built in 2001, more or less reflects the maximum utilization of the property at that time, and for the most part, today. Not much has changed. The height rules for oceanfront properties changed somewhat and a detached private garage of height greater than tg ft, but less than 25 ft, above CAGR. can now be constructed to within 10 ft, rather than 15 ft, of the street right of way. There is little more that can be legally accomplished. However, despite multiple violations of the Land Development Regulations and Tree Regulations, as well as several misrepresentations to the Building Department by the builder, this variance still remains in force, as a substantial and valuable gift to the property owner from the City, enabling him to create a structure, with 3 -car garage., rivaling the size (and height) of his 3,500 sgft main residence, within 15 ft of Beach Avenue. Again, based on the information presented above, L respectfully request that the Atlantic Beach City Commission grant my appeal, in accordance with sec. 24-49 (b) of the Land Development Regulations of the City of Atlantic Beach, of variance ZVAR-11-ooi00065, granted by the Atlantic Beach Community Development Board on December 20, 2011. Sincerely, Richard Reichler 4 Community Development Board ORDER APPLICANT: Carl Harkleroad 2019 Beach Avenue Atlantic Beach, Florida. 32233 FILE NUMBER: ZVAR-11-00100065 DATE OF PUBLIC HEARING: December 20, 2011 ORDER GRANTING VARIANCE The above referenced applicant requested a variance from Section 24-106(e)(2) to reduce the required rear yard setback for a principal structure from twenty (20) feet to ten (10) feet with the Residential Single Family (RS -2) Zoning District on a property located at 2019 Beach Avenue. On December 20, 2011, a public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board. Having considered the application, supporting documents and comments by staff and the applicant's authorized agent, the Community Development Board unanimously approved the request, finding it consistent with Section 24-64(d)(4) of the Land Development Regulations establishing grounds for approval of a variance due to the onerous effect of regulations enacted after construction of improvements upon the property and an undue hardship resulting from mutual errors on the part of the City, due to process deficiencies, and on the part of the applicant, due to inconsistent submittals, and also finding that this variance request, like all others, stands on the merits of circumstances particular to it alone, and in no way constitutes a precedence for future actions, and hereby GRANTS this variance to reduce the required rear yard setback for the principal structure to ten (10) feet from the rear property line at 2019 Beach Avenue. The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as appears in the record of the Community Development Board minutes. DATED THIS 20TH DAY OF DECEMBER, 2011, Erika Hall, Principal Planner ,Wvr X- Dew f57o (qtn--�) Cb 14TEE>RA11Da"� Mb Vf LTAVA fti- ON 41271200 ,qztWIEP AT 241Ae- TFAI/ COKMAMf, , C'N, 1-Z12'01 2-0t) R -1-7- i\ I f2.4S -7 ` >( t C CIA, (Z -AC, s > s C) 7 5 �4 F, f o All d%O - 13 e --'ft ,az>-r p 4z I T 4 . t Z3 IS Z64 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD REGULAR MEETING Tuesday I December 20, 20111 6:00pm Commission Chambers 1 800 Seminole Road 1. Call to order. 2. Approval of minutes of the November 15, 2011 meeting. 3. Recognition of Visitors. 4. Old Business. None. 5. New Business. a. ZVAR-2011-06 (11-00100065), Harkleroad, 2019 Beach Avenue. Request for a variance from Section 24-106(e)(2), reducing the required rear yard setback for a principal structure from twenty (20) feet to ten (10) feet within the Residential Single Family (RS -2) Zoning District on a property located at 20I9 Beach Avenue, 6. Other Business Not Requiring Action. 7. Adjournment. All information related to the item(s) 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 32233, and may be obtained at this office or by calling (904) 247-5800. Interested parties may attend the meeting and make comments regarding agenda items, or comments may be mailed to the address above. Persons appealing decision made by the Community Development Board with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceedings, including the testimony and evidence upon which any appeal is based, is made. Notice to persons needing special accommodations and to all hearing impaired persons: In accordance with the Americans with Disabilities Act persons needing special accommodations to participate in this proceeding should contact the City of Atlantic Beach, 800 Seminole Rood Atlantic Beach, Florida 32233, or (904) 247-5800, not less than five (5) days prior to the date of this meeting. DECEMBER 20, 2011 Regular Meeting December 13, 2011 Carl Harkleroad 2019 Beach Avenue Atlantic Beach, Florida 32233 City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32238 Phone: (904) 247-5800 Fax: (904) 247-5845 www.coab.us Re: December 20'h meeting of the Atlantic Beach Community Development Board Dear Mr. Harkleroad: Please be advised that your application for Zoning Variance will be considered by the Community Development Board at their meeting on Tuesday. December 20th. The meeting begins at 6:00pm and will be held in the Commission Chambers located at City Hall at 800 Seminole Road. A copy of the staff report has been included for your reference. Please email me at ehall@coab.us, or call 270-1605 to confirm whether or not you will be in attendance. (You may leave a voice mail message.) Sincerely ��UA� Erika Hall Principal Planner enol 1K City of Atlantic bead) M M;1(1*R 4UIN +aa slner: ffiaiC! fvae: X Drawer: I Batt: 11/23/11 W Revell,t no: lf'4 1 Oescriution Uuantity ;30aullt 8P BI1ILOI W I YUI I N 1. fist i l ��. QIG► Ten,ier detai 1 M 04 IX 1411 s}�l.reg Total tendered Total DavrrTit ;1 59. iv Trans date: 11/23/11 fire: CITE' QE ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5814 . . . . 11-001000G5 Date 11/23/11 2019 BEACH AVE !ription ZONING VARIANCE Ti: BE UPDATED l 0 -------------------------------------------------- {d setback --------------------------------------------------- Contractor OWNER ATLANTIC BEACH FL 32233 ---------------------------------------------------------------------------- Permit . . . . . . ZONING VARIANCE Additional desc . . Permit Fee 150.00 Plan Check Fee .00 Issue Date Valuation . . . . 0 Expiration Date 11/23/11 ---------------------------------------------------------------------------- Special Notes and Comments APPROVED TO PROCESS CHECK ONLY SLG -----Fee-summary Charged Paid Credited Due Permit -Fee. Total 150.00 150.00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total 150.00 150.00 .00 .00 PERMIT IS APPROVED ONTY IN ACCORDANCE NVI"I"II ALL. CITY OF ATLANTIC BEACII ORDINANCES AND THE FLORIDA BUILDING CODES. AGENDA ITEM Sa COMMUNITY DEVELOPMENT STAFF REPORT December 20, 2011 Public Hearing Zoning Variance, ZVAR-2011-06 [11-00100065] TO: Community Development Board FROM: Erika Hall Principal Planner DATE: November 23, 2011 APPLICANT: Carl E Harkleroad 2019 Beach Avenue ;REQUEST: Request for a variance from Section 24-106(e)(2), reducing the required rear yard setback for a principal structure from twenty (20) feet to ten (10) feet within the Residential Single Family (RS -2) Zoning District on a property located at 2019 Beach Avenue. NOTE: The City's Development Review process requires examination of certain elements by certain staff, Planning staff reviews site plans only, for compliance with Zoning and Land Development Regulations. Planning staff is not required to have any more than passing familiarity with construction and engineering plans, and they are not expected to search through construction or engineering plans and extract obscure information that should have been clearly presented on the site plan. Earlier this year, staff met with an architectural designer to discuss proposed renovations to the structures located at 2019 Beach Avenue. An approved site plan [Don Ford, Building Dept, 01/18/2001; George Worley, Planning Dept, 01/19/20011 from the City's digital archives was reviewed and referenced during this consultation. The following information was gleaned from the 2001 site plan: Using the geopdf measure tool, the scale of the site plan was verified by measuring a known dimension. The width of the rear property line was confirmed, as was the width of the north side yard and the rear yard. The separation between the two existing structures was then determined to be three (3) feet in width. Using the same methodology to confirm the scale of the elevations, the separation between structures was again confirmed to be three (3) feet. The height of the existing detached garage was determined to be approximately 16.73', and the northwest corner of the same DECEMBER 20, 2011 (Regular Meeting was estimated to be 12.64' from the rear lot line when normal measure was taken from the wall plane. The following note was also found in reference to the existing detached garage: "ACCESSORY SECONDARY DWELLING ON SPREAD CONC FOOTINGS & STRUCTURALLY SEPARATED FROM MAIN RESIDENCE". In summary, the approved 2001 site plan, garage detail and elevation demonstrated that the existing garage was detached from the principal structure and was situated ten (10) feet from the rear lot line. The existing garage was oriented north -south, such that access required a nearly 900 right-hand turn from Beach Avenue into the driveway, followed by a nearly 901 left-hand turn from the driveway into the garage. And the separation between the existing garage and principal structure consisted of an approximately three (3) foot wide breezeway also running north -south about twelve (12) feet, and leading to a stairway about seven (7) feet long and ascending to a first floor landing to the north of the principal structure. Phase one of the proposed work consisted of interior renovations to the principal structure only, and not subject to zoning review. Phase two, however, consisted of renovation of the existing detached garage, including (1) re -orientation so that the access would be from the west rather than the south; (2) addition of a second story for use as a game room; and, (3) construction of a new open stairway on the south side of the renovated garage, with connection to the existing breezeway, proposed to be elevated and maintained between the detached garage and the principal structure. There was also later discussion (4) as to whether or not a second accessory structure could be constructed south of the existing detached garage. With further consideration of the existing conditions, the previously proposed renovations, as well as the constraints of the Land Development Regulations, staff determined that a garage apartment could not be constructed because it would have to meet the same minimum rear yard setbacks (20') as the principal structure [Section 24-89(f), 24-106(e)(2)], and there was not sufficient space for this. However, the available space did yield a buildable area consistent with the minimum required setbacks (10' from rear lot line & 10' from south side lot line), the maximum required footprint (<600 square feet) , and the maximum height (c25') of a two-story, one -car garage with guest quarters, which is a conforming accessory use[Section 24-151(b)(I)c]. Staff also explained two provisions that could be applied to gain more buildable width. • Section 24-48(h) allows the Community Development Director to grant a minor dimension variance, up to five (5) percent of the standard from which variance is sought. In the case of combined fifteen (15) foot side yard setbacks, the most that could be granted under this provision would be nine (9) inches; • Section 24-151(b)(1)n allows open exterior stairs to be located within required side yards, three (3) feet from the side lot line. This provision could be applied if the second accessory structure was constructed south of the existing detached garage, and the open stairway was relocated south of the second accessory. While there is no minimum required separation between accessory structures, staff reiterated that neither of the two accessories could be connected to the principal structure, nor could they be connected to one another. Staff then reiterated that while there is currently no provision for minimum separation for accessory structures within the Land Development Regulations, there would be requirements per the Florida 'Building and Fire Codes, and those issues would be addressed as part of the Building Department's review. However, the chief objective of the Planning & Zoning review was to insure that both the existing and proposed accessory structures remained detached from one another and the principal structure, i.e., no structural roof element would connect or tie the accessory structures together or into the principal structure. Believing these issues would be adequately addressed by the maintenance of the existing three (3) foot wide open breezeway between the primary and accessory structures, and a minimal though yet -to -be -determined separation between the two accessary structures, staff gave the preliminary approval to proceed with the design. The interior renovations were permitted by the Building Department and completed in early to mid July 2011. Application for the renovations to the existing garage and addition of another garage, with sleeping quarters above was made on September 15, 2011. Planning staff reviewed the submitted site plan dated June 13. 2011, finding it to be consistent with the changes previously discussed; (1) renovation of the existing garage included no changes to the existing footprint, but was shown to relocate the vehicular access from the south side to the west side, and to add an upper level said to be utilized as a "game room"; (2) addition of a second accessary structure was shown directly adjacent to and south of the existing garage, and was said to include a one -car garage on the lower level and a "bonus room"/guest quarters on the upper level; (3) addition of an open stairway was shown on the south side of the new garage/guest quarters, encroaching into the required side yard setback, as allowed according to Section 24-151(b)(1)n, and connecting with the previously existing open breezeway, now raised to the First floor elevation. Staff observed no indication of a new connection between the existing principal structure and either accessory structure, and thus granted zoning approval on September 19, 2011. Building permits were issued on October 28, 2011. In mid November, the Building Official asked Planning staff to meet with a resident who was interested in doing the same as his neighbor particularly, connecting his detached garage with the main house with a covered breezeway. At this time, the ongoing construction at 2019 Beach Avenue was referenced. Building and Planning staff reviewed the approved site plan and, not finding evidence of any such connection, made a site visit. When staff was unable to conclusively identify a potential connection on site, they met with the contractor, who confirmed the intent to connect the accessory structures to the principal structure. Upon return to the office and review of the construction plans, an obscure note indicating the connection was found. However, the connection was not shown on the submitted site plan. Related work was stopped, and notice was given to the property owner and the building contractor that construction was not consistent with the approved site plan, and that either the construction would have to be changed to comply with the approved site plan, or a variance from the Land Development Regulations allowing the intended construction would have to be obtained. First submittal of the variance application consisted only of the following statements under the Additional Comments section: "Full set of plans were submitted to City & approved. Construction is well underway and changes will be costly." Staff found the variance application to be insufficient and requested that a revised site plan clearly delineating the intended connection be re -submitted, along with a completed application noting the applicable circumstance and justification for the approval of the requested variance. The application and a copy of the site plan revised to show the area of proposed connection and a note stating "Connection on 2nd Floor" was received on November 23, 2011. Item (d)(4) - onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property - has been checked, and the statement "Permitted project does not meet zoning setbacks" has been added. Staff maintains what was originally discussed and proposed, and then shown on the site plan submitted to the Planning Department for Development Review and Building Permit issuance, are not consistent with the intended construction as now verified with the contractor and the property owner. During preliminary consultation with the designer, staff was led to believe the proposal was for accessory structures, detached from the principal structure and in compliance with all required accessory standards. In fact, the provision for a minor dimensional variance and the provision for open exterior stairs within required side yards are both noted on the site plan originally submitted, as is the required rear yard setback for a detached two-story garage, thus corroborating staffs recall of the preliminary consultation. On December 8, 2011, the Building Official visited the site and found that construction had continued such that, against the advice of staff, the connection between the principal structure and the accessory structures has been estahlished. As a result, the two accessory structures are now effectively incorporated into the principal structure, and are now subject to the same required twenty (20) foot rear yard setback. In order for construction to continue in a legally permitted manner and staff to issue final inspection approvals upon project completion, either the Community Development Board must grant a variance reducing the required twenty (20) foot rear yard setback to ten (10) feet, or the plan of construction must be revised to comply with the land Development Regulations. ATTACHMENTS: 2001 Approved Site Plan, with enlargements ofsite plan & elevations (reviewed during preliminary consultation, spring 2011) 2011 Approved Site Plan (submitted 9115111 for development review/building permits) Notice of Non -Compliance with Approved Site Plan (sent to applicant on 1212312011) 2011 Site Plan (submitted 11123111 as part of variance application) Photographs of existing conditions, as of December 8, 2011 /1 A loan �O.r HUTT[APPLICATION FOR A VARIAN+C � NOV 16 2011 City of Atlantic Beach - 800 Seminole Road • Atlantic Beach, Florida 3223. Phone: (904) 247-5804 • FAX (904) 247-5845 • http:l/www.coab.us Date 11— I (o )L O ) 1 1. Applicant's Name Clair L 14 AR,)R, LE,4p 2. Applicant's Address A a �9 B16" 'A A Vj File No. V 3. Property Location IkI 4. Property Appraiser's Real Estate Number I (A-7QCOCO - 5. Current Zoning Classification 1?8- 2- G. Comprehensive Plan Future Land Use designation �I--- 7. Provision from which Variance is requested /-41 Vfp ACV UAJ Y 8. Size of Parcel + K TTe, 9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction. ❑Yes []No (If yes, this must be submi"ed with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site 1plan must clearly describe and depict the Variance that is requested. IL Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where original plans, photoQranhs or documents larger than 11x17 inches are submitted. Please provide ei h# 8 copies of any such original documents. d. Application. Fee ('5150.04) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed nan s)yQA #4& E_ WAX49t,&040 Signature(s): ADDRESS ANIJ O A ATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: CAAt — C. 14AA%IC .COOA3 Mailing Address: '4 � l ci 0 �� lel J A- 47 L q -7 tt- L 640-19 ICL Phone: -524--731Dv FAX: E-mail: MA"0i9a"Co1''A1:L.CDM Version 1.12.2007 Instructions to apply for a Variance Variance requests are considered and acted upon during public hearings before the Community Development Board at their regular monthly meetings, which are held the third Tuesday of each month, unless otherwise scheduled. Meetings are held at City Hall in the City Commission Chambers at 7:00 pm. The deadline for filing a Variance application, in order to be heard at the monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted to the Planning and Zoning Department located at City Hall. In order for a Variance application to be scheduled for public hearing, the application must be complete. All required information must be provided, and the required fee must be paid. (Variance fees are not refundable in the event that the Variance request is denied.) Once the required fee and a complete application are submitted, the request will be scheduled for the next available public hearing. An advertised notice of the hearing will be published in the newspaper, and an orange zoning sign will be placed upon the property to notify neighboring residents that a Variance request will be considered. Before filing an application for a Variance, it may be useful to read and understand the following definition and requirements from the City's Land Development Regulations related to Variances. A Variance may be approved by the Community Development Board only when consistent with these provisions. Section 24-17. Definition of a Variance. 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. Sec. 24-64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted [Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1) a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (c) Grounds for denial of a Variance. 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 or more of the following. (1) light and air to adjacent properties. (2) congestion of Streets. (3) public safety, including 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 situations created by the property owner. The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space proVided. (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for the following reasons. El (1) exceptional topographic conditions of or near the property. F1 (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. 0 (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. oj FN ❑ (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. (e) Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. (j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. Additional comments: 1 tt, 567 o f �' � 5 t-lCk 8 06YV%;7 n ZVAR, Versionl.12.2007 �1` �� f ,`' , � ---� . ,y -- -- 4' �. � � rvek mail -V.M IV I November 16, 2411 George R Henderson Beaches Building LLC 1516 Marsh Inlet Court Jacksonville Beach, FL 32250 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 900 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5826 FAX, (904) 247-5845 w ww.coab,us RE: BUILDING PERMIT 11-00002625, DETACHED GARAGE RENOVATIONj2"P STORY ADDITION Bear Mr. Henderson, I am writing in reference to a discussion you had with Atlantic Beach Building Official Michael Griffin, regarding the above -referenced project yesterday afternoon. As Mr Griffin explained, the site plan reviewed by the Planning Department did not indicate the construction of a structural connection between the existing detached garage and the principal structure. Approval was granted based upon presentation to staff that the detached garage would remain detached from the principal structure. This scenario complies with the land development regulations for accessory structures which require a minimum rear yard setback of ten (10) feet for two-story detached garages (Section 24-151(b)(1)el. However, it has been brought to our attention that the intent is to have a connecting corridor between the new second story of the garage and the existing house. In doing so, the existing detached garage, becomes part of the principal structure, and therefore must meet the required rear yard setback for principal structures within the Residential Single Family (RS -2) Zoning District, which is twenty (20) feet (24-106(e)(2)). Since there is clearly not twenty (20) feet between the western most extent of the garage structure and the western (rear) property line, the only way you may continue with tie-in to the principal structure is by obtaining a variance from the Community Development Board. For your convenience, a copy of the variance application is attached. Meeting dates and application submittal deadlines for upcoming Community Development Board meetings are listed below. APPLICATION SUBMITTAL PUBLIC HEARING _ DEC 2011 NOT APPLICABLE- NO MEETING SCHEDULED JAN 2012 TUES, IAN 3, 2012 - 5:00PM TUES, IAN 17, 2012 - 6:00PM AB BLDG DEPT/REC DESK a AB COMMISSION CHAMBERS FEB 2012 MON, FEB 6, 2012 - 5,00 PM TUES, FEB 21, 2012 - 6 :OOPM AB BLDG DEPTJREC DESK AB COMMISSION CHAMBERS 2019 Beach Avenue, Harkleroad (11-000026250 Goroge Connection -Variance Required 16 November 2011 Page 2 of 2 In the mean time, please be aware that continuation of construction related to the attachment as described above will be at your own risk, as approval of the required variance is solely at the discretion of the Community Development Board, and any unapprovedjunpermitted construction will have to be removed if the said variance is denied. Please feel free to contact me at (904) 270-1605 or ehall@coab.us if you have questions or need additional information. Sincerely, �Q % 2111 '`1 Erika Hall Principal Planner cc Michael Griffin, Building Official Alan Jensen, City Attorney encl AF�ROVED pity O' RA117C AN 1 6 Fes+ w t4 ' J FG+ F _rA RECEIVED CURRAN PEACH ;HOUSE 2019 BeACH AVeNUr- ATLANTIC 5nACH FLORIDA Fisher & 16I SS Srcwad str t Simmons Architects, inc. 8aq{b IAckamayile S--hL I<imlda N NO, T ,nwrb uauoo 1 D SITE PLAN SECTION „ W(9 9 each A 1 I i 1971 COASTAL COMG TFtUCTION� CONTROL LfNC V- DWCCLI i B ONS I 1-fTORY fRAH€;R`Ap STRUCTURALLY SEPARATED It7i PROM MAIN RESIDENCE� N 8,9, W rl�CA - -n _ - - J x 1 46" H18H PICRb �ti' .,•. RESSOE } WI 4"m/''fyDIHCD - GATE IN FLACL' O ISTINA T PLR- i Y M ` L**q 0, - 6 I NEW , Y FAME WALK l + ..-+� M 1 _ �� sP I r T1 L Cy Ff w S 1 r t 12;�7 ikftCAWARO LSM .y Y I I I I w .ANS ARE DESIONED TO EE TN COMRL.ANCE WITH THE —3LF9HED IN SECTION 6ZS-3]-OGT, I LORIDA OOE. 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