290 Beach Avenue ZVAR 14-00100025 Staff ReportAGENDA ITEM 4.C.
CASE NO ZVAR-14-00100025
Request for variance from the provisions of Section 24-106(e), to allow a reduction of setbacks as required by Section 24-106 (e)(1) from 20 feet to 10 feet in the front yard at Atlantic
Beach Subdivision Block 28 Lot 5 (aka 290 Beach Avenue).
LOCATION 290 BEACH AVENUE
APPLICANT ANDREW THOMAS PITLER
DATE JULY 1, 2014
STAFF JEREMY HUBSCH, BUILDING AND ZONING DIRECTOR
STAFF COMMENTS
The applicant has purchased a property in the RS-2 zoning district located on a through lot between Ocean Boulevard and Beach Avenue that has a 1200 square foot 1940 single story home
and a two story garage apartment on it. The applicant would like to preserve as much of the 1940 house as possible while adding additional living space to the property by adding a second
story, however, the house is only 8.5 feet from the property line along Beach Avenue with a porch that encroaches on the setback another 3 feet. The requested variance is to allow the
applicant to add a second story above and within the footprint the existing structure beginning at a point 10 feet from the Beach Avenue property line while making repairs to the rest
of the nonconforming structure that are allowed by code. Normal setbacks in the RS-2 zoning district are 20 feet from front and rear property lines. Recent discussion with regards to
regulations on through lots between Beach Avenue and Ocean Boulevard is not relevant in this case as principle structures (i.e. main house) are required to be 20 feet from front and
rear property lines in all residential zoning districts in Atlantic Beach including RS-2.
Along this portion of Beach Avenue there are many existing structures located at or within 10 feet of the property line on both sides of the street including 7 out of 9 properties on
this block. While some of these structures may be nonconforming houses, garages and garage apartments, there are instances when a new structure could be built at or within 10 feet of
the property line. Until recent code changes effecting through lots, a single story garage, shed or other similar structure could be built 5 feet from the property line and two story
garages up to 25 feet in height could be built 10 feet from the property line. In addition, Section 24-89 allows existing nonconforming garage apartments to be rebuilt or expanded upon
in their existing footprint as long as they are not in the right-of-way.
Analysis
Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is
consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from
certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s)
or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-64 of this chapter,
and such relief may be subject to conditions as set forth by the City of Atlantic Beach.”
Section 24-64(d) provides six distinct grounds for the approval of a variance:
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicants stated in their application package, “Property abuts two (2) public
right-of-ways (Beach Ave and Ocean Ave) on a non-conforming lot (minimum width and area) in the RS-2 zoning district of Old Atlantic Beach.”
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
The applicants stated in their application package, “Property has a narrow, non-conforming lot width (approx. 50’), which requires sitting the existing house, porches and accessory structure
using the additional depth of the lot (app. 130’).”
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property.
The applicants stated in their application package, “Sec. 24-106 (e) requiring a minimum front yard of twenty (20) feet creates an undue burden and limits reasonable siting of the house
and accessory structure.”
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
The applicants stated in their application package, “RS-2 zoning district requires a minimum lot area of 7,500 square feet. The lot area of the property is approximately 6,500 square
feet, or approximately 1,000 square feet below code. RS-2 zoning district requires a minimum lot width of 75 feet. The average lot width of the property is approximately 50 feet, or
25’ below code.”
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100025, request for variance from the provisions of Section 24-106(e), to allow the a reduction
of required setback from 20’ to 10’ in the RS-2 zoning district on a double frontage lot located on Beach Ave and Ocean Blvd., upon finding this request is consistent with the definition
of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described above.
The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100025, request for variance from the provisions of Section 24-106(e), to allow the a reduction
of required setback from 20’ to 10’ in the RS-2 zoning district on a double frontage lot located on Beach Ave and Ocean Blvd., upon finding that the request is either inconsistent with
the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), or it is consistent with one or more of the grounds for denial
of a variance, as delineated in Section 24-64(c), described below.
No variance shall be granted if the Community Development Board, in its discretion, determines that the granting of the requested variance shall have a materially adverse impact upon
one (1) or more of the following:
Light and air to adjacent properties.
Congestion of streets.
Public safety, including traffic safety, risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including environmentally sensitive areas, wildlife habitat, protected trees, or other significant environmental resources.
The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial circumstances or for relief from situation created by the property owner.