290 Beach Avenue ZVAR-14-00100047 PresentationRequest for a variance as permitted by Section 24-64 for a reduction in front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet along Beach Avenue and 18 feet
in the front yard along Ocean Boulevard at Atlantic Beach Subdivision “A” Block 28 Lot 5 (aka 290 Beach Avenue)
ZVAR-14-00100047
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Site Context and Detail
RS-2 Zoning.
RL (Residential Low Density) Future Land Use.
Through Lot from Beach Ave to Ocean Blvd.
50 Feet Wide, 130 Feet Deep.
Existing 1-story home on Beach Ave and 2-story garage apartment on Ocean Blvd
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Proposed Plan
Demo existing structures.
Build a new two story, single family home 16 feet from the Beach Avenue property line, with an attached garage with living space above 18 feet from the Ocean Boulevard property line.
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Need for a Variance
Section 24-106(e)(1) requires a 20 foot front yard setback.
Section 24-84(a) requires front yards on each street for through lots.
Requested setbacks are 16 feet on the Beach Ave front yard and 18 feet on the Ocean Blvd front yard.
18’
16’
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Analysis and Concerns
It is detached secondary structures that form the character of Beach Avenue in Old Atlantic Beach, not principle structures.
Any existing principle structure that is setback less than 20 feet from the street is nonconforming.
Neighboring nonconforming structures are not a reason to approve a variance.
The lot was platted with its current dimensions.
At 130 feed deep the dimensions of the lot are comparable to most of the others in Old Atlantic Beach that are 50 feet wide and range from 115 to 150 feet deep.
Reducing the setback along Ocean Boulevard will alter the character along the street.
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Potential Code Change Relevance
At the recommendation of the Community Development Board, there is a code change in the works that will return a previous portion of code that provided special provisions for through
lots between Ocean Blvd and Beach Ave.
The effect of that code change on this application for a variance would only result in a request for a reduction in both front and rear yard setbacks instead of just front yard setbacks.
This is because…
both front and rear yard setbacks are 20 feet for the principle structure.
the proposed pool is in the courtyard created by the principle structure and as a result can not be forward of the principle structure.
there are no proposed detached structures.
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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including 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.
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