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290 Beach Avenue ZVAR-14-00100047 Staff Report CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4A CASE NO ZVAR-14-00100047 Request for a variance as permitted by Section 24-64 for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.). LOCATION 290 BEACH AVENUE APPLICANT ANDREW THOMAS PITLER DATE NOVEMBER 6, 2014 STAFF DEREK REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicant, Andy Pitler is the owner of 290 Beach Avenue. The property is a platted 50 foot wide through lot between Beach Avenue and Ocean Boulevard, with a depth of about 130 feet. The property was until recently part of a larger property that was split to return the property back to its original two platted lots, which are under different ownership. There is a conforming 2 story garage apartment that faces Ocean Boulevard and a one story nonconforming house 8 feet from Beach Avenue. This is a structure that the Community Development Board heard a variance request for on July 15th, 2014 to reduce front yard setback from Beach Avenue so that a second floor could be added to the structure. This variance re quest was denied. The applicant would like to demolish both structures on the property and build a new one. The new structure would face Beach Avenue and be located 16 feet from the Beach Avenue property line. A garage with second floor living space connected to the house would be built with driveway access from Ocean Boulevard and be located 18 feet from the Ocean Boulevard property line. The property is located in the RS-2 zoning district and has 20 foot front yard setbacks according to Section 24-106(e)(1) of the Land Development Regulations. Since this property is also a through lot, the provisions of Section 24-84(a) apply, which states; “Double frontage lots. On double frontage lots, the required front yard shall be provided on each street, except for lots as set forth below and as set forth in Section 24-88.” Under the current code, the areas along both Beach Avenue and Ocean Boulevard are considered the front yard and a 20 foot setback is required. A variance is required for the applicant’s proposed plan so that the front yard setbacks can be reduced on each side. The applicant has requested a front yard reduction from 20 feet to 16 feet on the Beach Avenue side and front yard reduction from 20 feet to 18 feet on the Ocean Boulevard side. Page 2 of 4 Site Plan of 290 Beach Avenue and Surrounding Area There is a code change before the City Commission at the recommendation of the Community Development Board that affects this property, but it would not greatly affect this variance application. The code change if approved would designate Ocean Boulevard as the front yard and Beach Avenue as the rear yard. Rear yard setbacks in the RS-2 zoning district are identical to front yard setbacks at 20 feet. This would mean that the applicant would still be requesting for the same dimensional variances to setbacks except it would be from both front and rear yards and not just front yards. Page 3 of 4 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: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant has stated that the through lot property is one of only a few in the RS-1 zoning district and Old Atlantic Beach, which results in greater restrictions than other properties in the area. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant has stated that the property is a non-conforming lot due to its 50 foot width. This narrow width requires structures to be long and narrow resulting in the need to use more length than other properties. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant has stated that Section 24-106(e), which was created well after platting, requires 20 foot setbacks from the property line along Beach Avenue and the property line along Ocean Boulevard. This limits the use of the depth of 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. The applicant stated that the RS-2 zoning district requires a minimum lot size of 7500 square feet. This property has less than 6500 square feet. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100047, request for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.), 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. 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. (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. Or, The Community Development Board may consider a motion to recommend denial of ZVAR-14-00100047, request for a reduction of front yard setbacks from 20 feet as required by Section 24-106(e)(1) to 16 feet in the front yard along Beach Avenue and 18 feet in the front yard along Ocean Boulevard at Atlantic Beach Subdivision Block 28 Lot 5 (aka 290 Beach Ave.), 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: (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 situation created by the property owner.