Staff Report-June
COMMUNITY DEVELOPMENT STAFF REPORT
June 17, 2003 Public Hearing
File Number: ZVAR-2003-09, Dorothy Papazian
Continued from the May 20, 2003 Public Hearing
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: May 08, 2003
Subject: ZVAR-2003-09
Applicant: Dorothy Papazian
587 Beach Avenue
Atlantic Beach, Florida 32223
Requested Change: Request for a Variance from Section 24-105 (e) (1) to reduce the required twenty (20) foot front yard to fourteen-and-a-half (14.5) feet and also to reduce the required
fifteen (15) foot street side setback on a Corner Lot to twelve (12) feet to allow for the construction of a new residence, for property within the RS-2 Zoning District.
Location: 587 Beach Avenue
Existing Zoning: RS-2
Future Land Use: Residential, Low Density
Surrounding Zoning: RS-2
Surrounding Land Use: Predominantly single-family residential
STAFF COMMENTS AND RECOMMENDATION
The subject property is one of two oceanfront Lots of Record owned by this Applicant. The two existing lots are oriented in an east-to-west configuration, and the property owner proposes
to reconfigure the two lots into a single 10,000 square foot oceanfront lot and a single 10,000 square foot corner lot at the northeast corner of Sixth Street and Beach Avenue. (This
reconfiguration is permitted by the subdivision regulations in that no additional lots are created; no streets are altered; no nonconforming structures are created, and both lots meet
the minimum size, width and depth requirements.)
The Applicant wishes to construct a new residence on the Sixth Street and Beach Avenue corner lot and has requested a reduction in the required twenty (20) foot front yard, which will
be the Beach Avenue side, to fourteen-and-a-half (14.5) feet, and also a reduction in the required fifteen (15) foot Sixth Street side setback on a Corner Lot to twelve (12) feet.
Staff cannot find that there are any exceptional conditions or unusual circumstances related to this property as described within the following definition of a Variance as set forth
within Section 24-17, or that the request is consistent with Section 24-64 of the Land Development Regulations.
Variance, Zoning. A Zoning Variance shall mean a relaxation in the terms of this Chapter where such Variance shall not be contrary to the public interest, and where because of exceptional
narrowness, shallowness, irregular shape of a specific piece of property, or because of exceptional topographic conditions, or other unusual circumstances particular to a specific property,
the literal enforcement of certain requirements of this Chapter would result in an undue Hardship to carry out the purpose and intent of this Chapter, or would be contrary to the purpose
and intent of this Chapter. A Zoning Variance shall not reduce Minimum Lot Area, Lot Width or Maximum Building Height as established for the various Zoning Districts, and a Zoning
Variance shall not be used to modify the Use terms of property. A Zoning Variance shall be approved only in accordance with the provisions as set forth in Section 24-64 of this Chapter.
The Applicant should demonstrate the nature of the hardship as required by Section 24-64 of the Land Development Regulations.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance from Section 24-105 (e) (1) to reduce the required twenty (20) foot front yard to fourteen-and-a-half (14.5)
feet and also to reduce the required fifteen (15) foot street side setback on a Corner Lot to twelve (12) feet to allow for the construction of a new residence, for property within
the RS-2 Zoning District, and located at 587 Beach Avenue, provided:
(Provide findings of fact similar to the following.)
There are no special conditions or circumstances which are peculiar to the Land, Structure or Building involved that are not applicable to other Lands, Structures or Buildings in the
same Zoning District.
The special conditions and circumstances are the result from the actions of the Applicant.
The Variance requested is not the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure.
The granting of the Variance will not be in harmony with the general intent and purpose of this Chapter, and the Variance will be injurious to the area involved or otherwise detrimental
to the public welfare.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance from Section 24-105 (e) (1) to reduce the required twenty (20) foot front yard to fourteen-and-a-half (14.5)
feet and also to reduce the required fifteen (15) foot street side setback on a Corner Lot to twelve (12) feet to allow for the construction of a new residence, for property within
the RS-2 Zoning District, and located at 587 Beach Avenue, provided:
(Provide findings of fact similar to the following.)
Special conditions and circumstances exist which are peculiar to the Land, Structure or Building involved and which are not applicable to other Lands, Structures or Buildings in the
same Zoning District;
The special conditions and circumstances do not result from the actions of the Applicant;
The Variance granted is the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure;
The granting of the Variance will be in harmony with the general intent and purpose of this Chapter and the Variance will not be injurious to the area involved or detrimental to the
public welfare.
H:\PLANNING\VARIANCE FILES\ZVAR-2003-09 (Papazian)\Staff Report-June.Doc