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587 Beach Avenue ZVAR-2003-09 PacketMarch 08, 2004 Dorothy Papazian 587 Beach Avenue Atlantic Beach, Florida 32233 Dear Mrs. Papazian: CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us I have reviewed the drawings and notes you provided last week. I am a bit unsure of the purpose of some of the notes you have made on the drawings, but based upon our phone conversation, your question is whether your new house can be connected to the existing garage apartment (carriage house). Your property consists of two lots, but these are in the RS -2 Zoning District, which is limited to single-family residences. If a solid roof connects the garage apartment and the new house, they become one structure, and that structure would be considered a Duplex. Duplexes, or two-family dwellings, are not permitted in the RS -2 Zoning District. The two buildings can, however, be connected by an open walkway or breezeway. I have enclosed the relevant sections from the Land Development Regulations. Sincerely, Sonya 1. B�6,,, AICP Community Development Director cc: Don Ford EXHIBIT A - ORDINANCE NUMBER: 90-03-184 describe it. Street, Arterial shall mean a part of the roadway system serving as a principal network for through traffic flow, including all State roads and any other roadway serving a similar function. Arterial Streets are utilized primarily for high-speed vehicular traffic and heavy volumes of traffic, collecting traffic from Collector Streets. Street, Local shall mean a part of the roadway system providing primarily access to residential driveways and circulation within residential neighborhoods. Street, Major Collector shall mean a Street carrying medium volumes of traffic collected primarily from Minor Collector Streets and delivering the traffic to Arterial Streets. Street, Minor Collector shall mean a Street carrying relatively light volumes of traffic primarily from Minor Collector Streets to Major Collector Streets. Street, Private shall mean a Sheet that is privately owned and maintained, and where a properly recorded private Easement has been approved by the appropriate City agency. Street, Public shall mean a Street legally dedicated to public Use and officially accepted by the City. Street Right-of-way Line shall mean the dividing line between a Lot or parcel of Land and the contiguous Street. Structural Alteration shall mean any change in the supporting members of a Structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. Structure shall mean that which is built, constructed, placed, or erected, which is thirty (30) inches or more in height, including modular, manufactured and mobile homes, storage tanks, or other manmade facilities and infrastructure such as, towers, smokestacks, utility poles, and overhead transmission lines, but excluding fences not over six (6) feet in height and landscape features that do not contain a solid or screened roof such as trellises, arbors, pergolas, fountains and statuary. Buildings constructed with a connected solid roof structure shall be considered as a single Structure. Subdivision shall mean the division of Land into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys, stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term Subdivision shall also include Replat and the division of previously recorded Subdivisions when three (3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates to the process developing Land. Swimming Pool shall mean any constructed pool used for swimming. Theater shall mean an establishment offering dramatic presentations or showing motion pictures to the general public. Threatened or endangered species shall mean species so listed by the Florida Fish and Wildlife Conservation Commission, Florida Department of Agriculture and Consumer Services, and U.S. Fish and Wildlife Service. Ordinance Number: 90-03-184 19 Initial Effective Date: January 01, 2002 with amendments through December 08, 2003 December 19, 2003 Dorothy Papazian 587 Beach Avenue Atlantic Beach, Florida 32233 Dear Mrs. Papazian: CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us After reviewing City files, I find no record of a Variance requested or granted related to the cupola on your property. The only record of Variance applications I have found in City files is for a Variance granted in November of 1986 for a reduction in the 15 -foot side yard setback, and a Variance (File Number ZVAR-2003-09) requested in May of this year. This later Variance request was denied by the Community Development Board on July 15, 2003, and was not related to any previous construction of a cupola located on the south side of the existing residence. Sincerely, Sonya . Doerr, AICP Community Development Director cc: Don Ford • MINUTES OF THE BOARD OF ADJUSTMENT ^ CITY OF ATLANTIC BEACH, FLORIDA C, November 6, 1986 7 s 00 P.M. CITY HALL Presents Samuel T. Hovie, Acting Chairman Dorothy Kerber Richard White Ands Rene' Angers, Recording Secretary And: Charles E. King Mr. and Mrs. Papazian Absent: Louis B. MacDonell, Chairman John Bass The meeting was called to order at 7:03 p.m. Mr. Howie asked for comments or corrections on the minutes of September 18, 1986. There being none, Mrs. Kerber motioned that they be approved as presented. Mr. White seconded the motion which carried unanimously. NEW BUSINESS Request for Setback Variance - 44 Sixth Street= Lots 5 & 6, Block 20, Atlantic Beach Subdivision A - Mr. and Mrs. Papazian Charles King, architect for the Papaziens, presented the Board with a plan of the lower level of the existing house. He indicated that they proposed to build an attached garage on the north side of the building that would encroach the 15' required side yard by an additional 41, leaving a 6' side setback. He stated that the variance was necessary to allow placement of the stairs at the logical place, and because there were existing brick piers in the existing structure that dictates how the garage could be constructed. Mr. White asked the Papazians if the neighbors had indicated an interest in the variance. Mrs. Papazian replied that no one had approached her about the variance. One neighbor was present. Mrs. Kerber asked why the entrance to the garage could not be in the rear of the building. Mr. King replied that the brick piers were in the way. Mr. White stated that he saw a hardship due to the design of the existing structure, but overall found it difficult to see a ^ hardship since they could build a detached garage in the rear t yard. Mr. Papazian replied that he was out of town frequently and that Mrs. Papazian would not feel safe with a detached garage. Page 2 Board of Adjustment November 6, 1986 Mr. Hovie felt that security vas grounds for a hardship. Mrs. Kerber asked if they had any plans of building on or selling the back portion of the property. The Papazisns indicated they had no such plans. There being no one else to speak for or against the request, Mr. White motioned to approve the variance. Mrs. Kerber seconded the motion which carried unanimously. There being no further business before the Board, Mr. White motioned to adjourn. Mrs. Kerber seconded the motion which carried unanimously. The meeting vas adjourned at 7:21 p.m. Samuel T. Hovie, Acting Chairman July 22, 2003 Dorothy Papazian 587 Beach Avenue Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us Re: Order of Community Development Board denying Variance Dear Mrs. Papazian: 1*11'r �OpY Enclosed herewith is an original signed order and a copy of the order from the Community Development Board denying your variance request. Please maintain a copy of this order for your records, and also be aware that no similar variance application may be considered by the Community Development Board for a period of one year. Feel free to call me at 247-5817 if you have any questions. You may dispose of the orange zoning notice sign placed on your property. Sincerely, Sonya B. oerr, AICP Community Development Director Enclosures City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-544 Phone: (904) 247-5800 FAX (904) 247-5805 • http://www/ci.atiantic-beach.fl.us ORDER of the Community Development Board for the City of Atlantic Beach, Flot•ida APPLICANT: Dorothy Papazian 587 Beach Avenue Atlantic Beach, Florida 32223 FILE NUMBER: ZVAR 2003-09 DATE OF HEARING: July 15, 2003 ORDER DENYING VARIANCE The above referenced Applicant requested a Variance from Section 24-105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow for the construction of a proposed new residence, for property within the RS -2 Zoning District and located at 587 Beach Avenue. On July 15, 2003, said request was considered at public hearing by the Community Development Board for the City of Atlantic Beach. Having considered the application and supporting documents and statements made by the Applicant, the Community Development Board found that the request does not complies with Section 24-49 and Section 24-64 the City of Atlantic Beach Zoning and Subdivision Regulations, finding as follows: 1. 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. 2. The special conditions and circumstances are the result from the actions of the Applicant. Page two Order ZVAR-2003-09 July 17, 2003 3. The Variance requested is not the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure. 4. 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. NOW THEREFORE, based on the said findings, the Community Development Board hereby DENIES this request for a Variance from Section 24-105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow for construction of a proposed new residence, for property within the RS -2 Zoning District and located at 587 Beach Avenue. DATED THIS '21,t- DAY OF , 2003. Don Wolfson, 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 the same appears in the record of the Community Development Board minutes. 'E " � ommuni Development Director AGENDA *Pi 4**Alk COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, July 15, 2003 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Approval of Minutes of the meetings of June 17, 2003. 3. Recognition of Visitors. Presentation and discussion of proposed Redevelopment Plan and Mayport Community Redevelopment Area. 4. Old Business. a. ZVAR-2003-09, Dorothy Papazian. Amended request for a Variance from Section 24- 105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow for the construction of a new residence, for property within the RS -2 Zoning District and located at 587 Beach Avenue. (This item is continued from the May and June meetings.) b. ZVAR-2003-12, Peter G. Durante. Request for a Variance from Section 24-105 (e) (1) and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS -2 Zoning District and located at 417 Ocean Boulevard. (This item is continued from the June meeting.) 5. New Business. a. ZVAR-2003-13, Kelly Mannel and Ron Mackoul. Request for a Variance from Section 24-105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet to allow for the construction of a detached one -car garage for property within the RS -2 Zoning District and located at 312 East Coast Drive. b. UBE-2003-02, Rockgarden Enterprises, Inc. Request for a Use -by -Exception related to the construction of an addition to an existing building, which will be occupied by a custom cabinet shop, for property within the CG Zoning District and located at 248 Levy Road. c. Discussion and consideration of proposed general revisions to Chapter 24. 6. Adjournment. June 30, 2003 Dorothy Papazian 587 Beach Avenue Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atiantic-beach.fl.us Fid f�oPr Re: July meeting of the City of Atlantic Beach Community Development Board Dear Mrs. Papazian: Please be advised that your application for a Variance will again be considered by the Community Development Board at their meeting on Tuesday, Jule 15, 2003 at 7:00 pm. The meeting will be held in the Commission Chambers located at City Hall. An agenda is enclosed. You should be aware that failure to be present at this meeting to represent your application may result in the denial or delay of action on your application. Please call me at 247-5817 to confirm your plans to attend the meeting. (You may leave a voice mail message if you do not reach me.) Sincerely, Sonya B. oerr, AICP Community Development Director AGENDA revised COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH Tuesday, June 17, 2003 at 7:00 p.m. City Hall Commission Chambers, 800 Seminole Road 1. Call to order and pledge of allegiance. 2. Approval of Minutes of the meetings of May 20, 2003. Fj�FCOPY 3. Recognition of Visitors. Presentation and discussion of proposed Redevelopment Plan and Mayport Community Redevelopment Area. (This item must be continued to the July meeting.) 4. Old Business. a. ZVAR-2003-09, Dorothy Papazian. 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 and located at 587 Beach Avenue. (This item is continued from the May meeting, and the applicant has advised staff that she wishes to continue the item until the July meeting.) b. ZVAR-2003-05, Debra G. Wilkins. Request for a Variance from Section 24- 106 (e) (2) to reduce the required twenty (20) foot rear yard to fifteen (15) feet to allow a screened enclosure with a solid roof to be constructed over an existing concrete patio, for property within the RG -IA Zoning District and located at 1395 Main Street. (This item is continued from the April and May meetings.) 5. Ne«, Business. a. UBE-2003-01, William Dukes. Request for a Use -by -Exception to allow automotive repair and service in association with an existing used car lot (Neptune Auto Sales, Inc.) for property within the Commercial General (CG) Zoning District and located at 880 Mayport Road. b. ZVAR-2003-10, Raymond A. and Audrey R. Lackie. Request for a Variance from Section 24-106 (e) (2) to reduce the required twenty (20) foot rear yard to eight (8) feet to allow for a three-story addition to the rear of an existing AGENDA ITEM 4.a 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: Existing Zoning: Future Land Use: Surrounding Zoning: 587 Beach Avenue RS -2 Residential, Low Density 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 inhere because of exceptional narrowness, shallowness, irregular shape of a specific piece ofproperty, 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 offact similar to the following.) 2 1. 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. 2. The special conditions and circumstances are the result from the actions of the Applicant. 3. The Variance requested is not the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure. 4. 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.) 1. 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; 2. The special conditions and circumstances do not result from the actions of the Applicant; 3. The Variance granted is the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure; 4. 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. HAPLANNING\VARIANCE FILES\ZVAR-2003-09 (Papazian)\Staff Report-June.Doc 3 MEMORANDUM TO: Community Development Board FROM: Sonya Doerr, AICP Community Development Director DATE: June 12, 2003 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us f��f COPy SUBJECT: Revised Site Plan and reduced Variance request for agenda item 4.a (ZVAR- 2003-09, Dorothy Papazian) Enclosed is a revised Site Plan for the above referenced Variance application, which will again be considered at the July 15th meeting. Mrs. Papazian has reduced the amount of Variance originally requested. The request is now limited to a reduction in the Required Front Yard (Beach Avenue side) from twenty (20) feet to fifteen (15) feet. 3 n N 3 A V N 3 v 3 9 -.e �[oaaavl err ao •x _o xarae aiumir io uia � t t t t t t ry r" : : S E -- — — — — — —— — -- — — — —— Hauwxau�a I S p i I y � y I I w g os t� u :5 E 1Y9 pMLLSm DD S � G �-. nl I I YpNYY3A 6 I � : k I & I v o I ❑❑ I 36 i LL . S I W I I 3; in I J z u -- -- -- -- - p l -- _ I- si m e a = S r � S F _ I I • I I I I I I I I • I I I I I I a I I I I I I � � I � I I I I I I 1 I I I s� t; FAX MEMORANDUM City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5800 FAX (904) 247-5805 SUNCOM 852-5800 TO: Fred Cone FAX: 354-1747 PHONE: DATE: June 11, 2003 FILE COPY FROM: Sonya B. Doerr, AICP Planning Director FAX: 904 247-5805 PHONE: 904 247-5826 E-MAIL: sdoerr@ci.atlantic-beach.fl.us RE: Community Development Board draft minutes of May 20, 2003 meeting COMMENTS: Herewith... (Dorothy's item begins on page 5.) Number of pages including this page: 8 Minutes of Community Development Board Draft May 20, 2003 meeting Page 5 A motion was made by Mr. Jacobson and seconded by Mrs. Walker to approve the variance request with the conditions set forth in the Staff Report. The vote was called and the motion passed with Mr. Burkhart, Ms. Drysdale, Mr. Jacobson, Mr. Jenkins and Mrs. Walker voting in favor of the motion, and Mr. Frohwein and Mr. Wolfson voting against the motion. d ZVAR-2003-09, Dorothy Papazian. 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 Zonin1Z District and located at 587 Beach Avenue. Mrs. Dorothy Papazian introduced herself. She stated that her hardship was that the living quarters in her current house were located upstairs. In addition, she advised that she had broken her leg and knee, and has to go to another location to swim. Mrs. Papazian stated that she wished to build a new house and a pool and would like to connect the existing carriage house to the new house with a covered breezeway to provide covered access between the two houses when it is raining. Mr. Neil McGinnis introduced himself as a neighbor to the applicant. He stated that there had been a problem with crime in the area so he would like to see another house developed on this lot. Mr. Harry Warnock introduced himself as a neighbor to the applicant. He stated that he was in favor of the building and the pool, but wanted these to conform to setback regulations. Mr. Wolfson advised that the new lot was unique in that there did not seem to be a narrower side to the lot. Ms. Doerr stated that Mrs. Papazian owns two oceanfront lots that run east and west, and that she intends to reconfigure the lots in a manner allowed by the subdivision regulations, to provide a separate, roughly 100 -foot by 100 -foot lot that she can build a new house upon. Mr. Wolfson asked Ms. Doerr if the applicant could front the property on 6"' Street, than the rear and side yards could be 20 feet. Ms. Doerr responded that as long as the lot met the width and depth requirements, that could be done, but the applicant did not want to do this. Mr. Frohwein explained to the applicant the four issues: 1) reconfiguring the two lots; 2) the side setback; 3) the front setback; and 4) the connection of the covered breezeway to the carriage house. Concerning reconfiguring the lots, Mr. Frohwein had no objection since this met the regulations. Mr. Frohwein asked the applicant if she would consider reconfiguring the lots such that setbacks could be met for both lots. Minutes of Community Development Board Draft May 20, 2003 meeting Page 6 Mr. Burkhart explained that if the lots were configured properly, there would be room on the all sides to meet the setbacks. Mr. Burkhart suggested to the applicant that there would be room to for all the buildings to fit within setbacks if she just changes the lot lines and shifts the building locations. Mr. Wolfson states that by squaring the lots, she can choose which side is the front and use either side as the front she wishes. Ms. Doerr advised the Board that Mrs. Papazian wishes to locate the new building as she has proposed to maintain her ocean views. Mr. Burkhart states that he cannot support the Variances, and suggests that the applicant should explore options to shift the lot lines and the location of the new house so that it meets setbacks. It is his opinion that she would be able to accomplish what she wants without any variances with some minor adjustments. Mr. Wolfson suggests that the site plan could be reset so that the new structure is in compliance with the setbacks, except for the carriage house. Mr. Wolfson and Mr. Burkhart suggested to the applicant that she go back and work with her builder and engineer and staff to re -draw to comply with setbacks. Mrs. Papazian states that she does not yet have a complete design now, and states that she was told that all I need is the footprint, and if I have 15 feet from the city property line, I will still be about this (refers to site plan) far from the carriage house. Mr. Jacobson suggested to Mrs. Papazian that she withdraw the application and have her engineer work with staff so that no variance would be required. Ms. Doerr recommended that the Board designate the Sixth Street side as the front of the lot. Mrs. Papazian stated that this would not work for what she wished to build. Mr. Frohwein informed Mrs. Papazian that Ms. Doerr made the comment that the Board could proceed with designating the 100.03 as the front yard, and the 100 feet as the side yard which would allow for Mr. Burkhart's comments that the footprint would almost fit perfectly if shifted the house six feet to the south. Your covered area going to the carriage house, would be six inches. I think you can get everything that you want except for two feet. Mr. Wolfson explained to the applicant the options available to her at this time: that the request could be acted upon and possibly denied; she could withdraw the request; or continue and go back and work with her builder and staff to see if she could work the site plan out so that a variance was not needed. Mrs. Papazian said she would go back to her builder and architect and also discuss with staff. The item was deferred to the next meeting. AGENDA ITEM 5.d I,/ e410A,"e COMMUNITY DEVELOPMENT STAFF REPORT May 20, 2003 Public Hearing File Number: ZVAR-2003-09, Dorothy Papazian 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 24-10� (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: Existing Zoning: Future Land Use: Surrounding Zoning: 587 Beach Avenue RS -2 Residential, Low Density 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 ofproperty, 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 24-104 (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 offact similar to the following.) F) 1. 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. 2. The special conditions and circumstances are the result from the actions of the Applicant. 3. The Variance requested is not the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure. 4. 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 CommunityDevelopment Board may consider a motion to approve a Variance from Section 24-10(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; 2. The special conditions and circumstances do not result from the actions of the Applicant; 3. The Variance granted is the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure; 4. 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. HAPLANNING\VARIANCE FILES\ZVAR-2003-09 (Papazian)\Staff Report.Doc 3 c 0 c� E L 0 L• d Q 0 L a cn 3 x a L PAID LCK AY 7 ?003 A City of #____ Phone: Date JCATION FOR ZONING VARIANCE _CE -7- I V E o `ic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445'N ; `, %j ;L `";jr� 247-5800 FAX (904) 247-5805 • http://www/ci.atlantic-beach.fl.us MAY U 6 2003 File No. 'Z VA P:— 2OD 1. Applicant's Name 2. Applicant's Address t'' G /4 v- 3. Property Location 4. Property Appraiser's Real Estate Number 5. Current Zoning Classification 6. Comprehensive Plan Future Land Use designation 7. Provision from which Variance is requested 5 t T 1'? L 9. Size of Parcel 10. Utility Provider 8. Statement of facts related to requested Variance, which demonstrates compliance with Section 24-64, Zoning and Subdivision and Land Development Regulations (attached to this application). Attach as Exhibit A. Statement must clearly describe and depict the Variance that is requested. 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. (Attach as Exhibit B.) c. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. d. Application Fee ($150.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED V1JTH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Signature(s): i ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: �I \'ice �r7?-cam Mailing Address: Phone: FAX: E-mail: I§ IS £ 8 s P 5 E8 L 8 E A C H A V E N U E The Applicant has submitted the attached newspaper article, and requested that it be distributed to the Community Development Board members. It is Staff's opinion, however, that this information is not relevant to this application for a Variance. The Beaches Leader, The Jacksonville Beaches, Florida March 18, 1987 Had bought property for oceanfront lot Renovation preserves charm of 2nd floor by Chris Brawley Morgan When Edward and Dorothy Papazian first discussed buying a crumbling house in Atlantic Beach at 6th Street, they were in- terested only in the oceanfront land. Only later did Dorothy Papa- zian discover the upstairs — rare wood trims, 10 -foot -high ceilings and tall windows overlooking the ocean and a cluster of palm trees. The Papazians changed their minds. The Papazians now are restor- ing the upstairs half of the house, which was probably built about the turn of the century. Historically, "it was much too valuable to ever destroy that," Dorothy Papazian said. The bottom half, she said, was "literally rat -infested." So, it was destroyed. Now the upstairs is being lifted by several feet in a process the building contractor called unusual. This way, Papazian said, the new bottom floor will have the same high ceilings as the upstairs. Renovation costs are un- disclosed. The Papazians own a beach house in Neptune Beach and a principal home in Indian Wells, Calif. Legend has it that a wealthy man in the fertilizer business built their recent acquistion about The new owners gutted and replaced the bottom floor, but pre- served the second story. 1902. He later drowned in the ocean in front of the house. To this day, the legend says, his ghost walks the house. Interesting story, but Dorothy Papazian is interested in facts. Apparently the great Jackson- ville fire early in this century destroyed the records documen- ting when the house was built. Papazian would like to talk with someone familar with Beaches history, and perhaps with infor- mation about the house. What the Papazians do know is the house was divided into apart- ments in the 1950s. Part of the upstairs was used as storage. Items and gadgets were stacked to the ceiling, which is why the Papazians didn't realize what was up there. "This house has been abused for so long — It just cries out for help," Papazian said. By August, the Papazians should have the house restored to the grandeur it once knew. The staircase will become a focal point and should extend to the second -floor ceiling. Anti- ques will be used in the interior. The bottom half, once ser- vants' quarters, will be guest rooms and an apartment. The top half will be the owners' living area. "Just like it was in the beginning," she said. August 12, 2003 Van Sikes 1012 Ruth Avenue Jacksonville Beach, Florida 32250 Re: Administrative Waiver for Papazian property Dear Mr. Sikes: CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us Fig f�opy Pursuant to Section 24-47 (h) of the City's Land Development Regulations, enclosed herewith, I am authorized to grant a five percent (5%) administrative waiver to certain provisions, including Required Yards. Please accept this letter as confirmation of this 5% reduction to the Required Front Yard and the Required Side Yard on a Corner Lot for Mrs. Papazian's property. In summary, this will reduce the twenty (20) foot Required Front Yard to nineteen (19) feet, and the fifteen (15) foot Required Side Yard on a Corner Lot to fourteen (14) feet and three (3) inches. Please feel free to contact me at 247-5817 or by e-mail at sdoerr@ci.atlantic-beach.fl.us with any questions. Sincerely, Wa bAI,�v1�— Sonya Doerr, CP Community Development Director Enclosures Enclosure Draft Minutes of July 15, 2003 Regular Meeting of Community Development Board Page 2 4. Old Business a. ZVAR-2003-09, Dorothy Papazian. Amended request for a Variance from Section 24- 105 (e) (1) to reduce the required twenty (20) foot front yard to fifteen (15) feet to allow for the construction of a new residence, for property within the RS -2 Zoning District and located at 587 Beach Avenue. (This item is continued from the May and June meetings.) Mr. Bill Gulliford introduced himself and stated he would like to say a few words on behalf of Mrs. Papazian. Mr. Gulliford referenced two recently constructed homes on the south end of Beach Avenue, which were granted variances. He stated he did not know the specifics of these cases but believes if he were still on the board he would have voted with the majority because he felt those requests were consistent with the neighborhood. Mr. Gulliford stated that if Mrs. Papazian's request were granted, her encroachment would be less than most of the other homes along that stretch of Beach Avenue. Mr. Gulliford discussed the subjective interpretation of hardship. In addition, he stated that Mrs. Papazian's neighbors had no objection to what she proposed. Mrs. Dorothy Papazian introduced herself and advised that she felt very uncomfortable in her home because of a lack of privacy. She also informed the board that three months after her husband's death she was diagnosed with cancer. Mr. Gulliford distributed a letter from her surgeon, which advised of reconstructive surgery and the need for a pool for therapeutic reasons. Mrs. Papazian stated that they scaled down the original plan so the proposed home was smaller but it did not provide enough room around the patio. In addition, she informed the board that she had 10,000 square feet and the board was asking her to give up 6,000 square feet in addition to the easements, which did not seem right to her. She stated that she had been paying taxes on this property for 20 years and it did not seem right that she was not allowed to build something that would make her happier. Ms. Stacy Moseley introduced herself and stated she lives directly across the street from Mrs. Papazian. She said that the new plan was fine with her and felt that it was in keeping with the spirit of Beach Avenue. Mr. Frohwein clarified the property lines as follows: The westerly lot would have 100 foot frontage on Beach Avenue on its western side, 100 feet on the easterly side which is the common line between the two newly formed lots, 100.03 feet on the northerly line, 101.14 feet on the southerly line, making the front of the property on Beach Avenue. He stated that the newly proposed structure would be conforming on the southerly line by maintaining a five-foot setback, conforming on the northerly line by maintaining a 15 -foot setback, and non -conforming on the front property line by 5 feet. Ms. Doerr reminded the Board that the only variance now requested was a reduction in the required 20 -foot front yard to 15 -feet on the Beach Avenue side. She stated that the proposed structure and the pool would be conforming in all respects except for the Beach Avenue 20 -foot setback, for which a five-foot reduction to 15 -feet is now requested. Mr. Frohwein stated that it appeared as though the structure and pool could be shifted eastward five feet and it would conform to every setback thereby requiring no variance. Draft Minutes of July 15, 2003 Regular Meeting of Community Development Board Page 3 Ms. Doerr responded that the property line reconfiguring Mrs. Papazian's two lots was not shown on the revised site plan. She stated that her understanding in talking with Mrs. Papazian, the designer and the builder that the distance of the proposed residence from the new rear property line, which is the east property line, would be 20 feet and the only variance requested was a reduction to 15 feet from the Beach Avenue setback. The board determined that the proposed structure was 3,185 square feet. Discussion was held with regard to the existing structure on the property of the proposed home. Mrs. Walker asked if a variance had been granted for this structure. Mr. Frohwein responded that he was the contractor for this project, and a variance was granted. Mr. Frohwein advised that this was a newly designed dwelling being built on a virtually vacant lot with tremendous opportunity to abide by the setbacks. He stated that he clearly recognized that Beach Avenue had been developed uniquely, much of which was developed prior to the zoning code's existence. He further stated the fact that the code is now in existence. Mr. Frohwein explained that there was an opportunity to enlarge the lot by five feet, maintain all of the sides, and conform to the setbacks with the lot to the east also conforming. He further explained that he saw opportunities for a creative designer to allow the five feet to occur elsewhere on the lot. He said that given the above, he was finding it difficult to vote in favor of the variance. Mr. Wolfson stated that he saw a 100 x 100 lot, a 10,000 square foot lot, which was very large by Atlantic Beach standards. He said that he thought Mrs. Papazian could have a significant home on the lot without a variance. He further stated that he felt the pool was a non -issue because the applicant would have not problem constructing a pool posing no obstacle or hindrance to her swimming routine for therapy. Lastly, he concurred that this was an opportunity to set the home back or to construct a home that complied with the setbacks. Mr. Wolfson asked Ms. Doerr if she could identify a hardship. Mrs. Doerr responded in the negative. Mr. Wolfson offered design alternatives to bring the home into compliance. Mr. Wolfson advised that he did not recognize a legal hardship. Mr. Frohwein stated that he did see the carriage house as being unique. He said it was non -conforming but he did not see it as overriding or dictating the location of the residence. He further said that he knew previously there was an issue of attaching the carriage house via a roof structure to the house. Mr. Frohwein said that if that attachment occurred on the easterly side, perhaps that would be reasonable. Mr. Jacobson stated that there was some appeal to the argument that everything else on Beach Avenue was built closer to Beach Avenue, so why shouldn't this property be built closer. He reminded the board that Ms. Moseley came before the board recently requesting permission to move her home closer to Beach Avenue. However, he stated that she was in a different situation in that she was dealing with after -the -fact zoning that was adversely affecting her after her house had been built and she wanted some reasonable relief from the situation that had been imposed on her. Mr. Jacobson stated Draft Minutes of Judy 15, 2003 Regular Meeting of Community Development Board Page 4 that Mrs. Papazian was not in that situation and there was nothing in the zoning regulations that stated that setbacks were not going to apply to new structures on Beach Avenue just because there were so many grandfathered structures. Mr. Jacobson referenced the applicant at last month's meeting who had an undersized lot who wanted to add a small structure. He stated that they wanted to add on a much smaller structure than was being built in Mrs. Papazian's scenario. He said that he voted in favor of the request but the board did not. He further said he did not know how they could look last month's applicant in the eye, if the board told them that they could not have the addition they wanted to make to their small house on their more or less tiny lot, but Mrs. Papazian on a much larger lot could build a much larger residence and receive a variance. Finally, he stated that he did not see anything except the most personal claim of hardship, and he did not see a hardship as hardships have been construed in the operation of this board. Mr. Wolfson stated that they had worked very carefully with the applicant as they had worked with other applicants. He stated that this was a lot of such magnitude and was open to such creativity, the lot was not unique and he did not see a legal hardship. Mr. Wolfson moved to deny the variance request. Mrs. Walker seconded the motion. Mr. Wolfson stated that there did not seem to be any opposition to the motion to deny the variance request. He encouraged the applicant to go back to her architect to attempt to use the size of the lot in a way that it would be in compliance with the setbacks of the City of Atlantic Beach. The Chair called the vote, and the motion passed by unanimous vote. b. ZVAR-2003-12, Peter G Durante. Request for a Variance from Section 24-105 (e) (1) and (2) to reduce the required 20 -foot rear and front yards to 15 feet to allow for an addition to the rear of the existing residence and to allow an exterior spiral staircase and an cantilevered open balcony to encroach into the front yard a distance of 5 feet within the RS - 2 Zoning District and located at 417 Ocean Boulevard. (This item is continued from the June meetinm.) This item was continued to the August meeting. 5. New Business a. ZVAR-2003-13, Kelly Mannel and Ron Mackoul. Request for a Variance from Section 24-105 (e) (2) to reduce the required twenty (20) foot rear yard to ten (10) feet to allow for the construction of a detached one -car garage for property within the RS -2 Zoning District and located at 312 East Coast Drive. This item was continued to the August meeting. b. UBE-2003-02, Rockgarden Enterprises, Inc. Request for a Use -by -Exception to allow for the construction of an addition to an existing building, which will be occupied by a May 07, 2003 Dorothy Papazian 587 Beach Avenue Atlantic Beach, Florida 32233 CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us FILE COPY Re: May meeting of the City of Atlantic Beach Community Development Board Dear Mrs. Papazian: Please be advised that your application for a Variance will be considered by the Community Development Board at their meeting on Tuesday, May 20, 2003 at 7:00 pm The meeting will be held in the Commission Chambers located at City Hall. An agenda is enclosed. You should be aware that failure to be present at this meeting to represent your application may result in the denial or delay of action on your application. Please call me at 247-5817 to confirm your plans to attend the meeting. (You may leave a voice mail message if you do not reach me.) Sincerely, ` Sonya . 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