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645 Ocean Boulevard 15-ZVAR-1050 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C. CASE NO 15-ZVAR-1050 Request for a variance as permitted by Section 24-64, for a reduction in the percentage decrease in height from the percentage of lot area less than 5,000 as required by Section 24-82(c) to allow a 32.5 foot tall house at Daniel and Hackett Replat Block 16 Atlantic Beach, West Half of Lot 4 (aka 645 Ocean Boulevard). LOCATION 645 OCEAN BOULEVARD APPLICANT JOSEPH AND JENNIGER INDRIOLO DATE AUGUST 6, 2015 STAFF DEREK REEVES, PLANNER STAFF COMMENTS The applicants are Joseph and Jennifer Indriolo, the owners of 645 Ocean Boulevard. The property is nonconforming and approximately 81 feet deep by 50 feet wide in the Residential General (RG) zoning district with an existing nonconforming duplex (see the survey below). The property is nonconforming because it is smaller than the minimum required 100 feet deep by 75 feet wide and 7,500 square feet as required by the RG zoning district. The duplex is nonconforming because the property is too small for a two-family development and it violates the setbacks of the RG zoning district. The applicants would like to convert the structure to a single-family home while adding space in the form of a third floor with a maximum height of 32 feet 6 inches to accommodate their family. Page 2 of 3 A variance is needed for the proposed development because Section 24-82(c) requires that the maximum allowable height of a structure on a nonconforming lot smaller than 5,000 square feet be reduced by the percentage less than 5,000 square feet. At approximately 81 by 50, this property has 4,050 square feet. That means a 19 percent reduction in the maximum height of 35 feet, which results in a maximum allowable height of 28 feet 4 inches. The proposed height is 4 feet 2 inches taller than what is allowed by code. The effective percentage reduction in height would then be 9.3 percent or almost half that required. The applicants have started to design the remodel and are aware of the Old Atlantic Beach Design Standards that they are required to meet. The plans submitted as part of this application still must be reviewed as part of a formal permit application, but appear to take those requirements into consideration. The rendering on the previous page calls for a height of 32 feet which is less than the requested 32 feet 6 inches because height is measured from grade and the extra 6 inches accounts for the foundation 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. (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. The applicants stated in their application that they would like to take an existing nonconforming duplex and convert it into a single family home, but the small nonconforming lot forces a vertical addition to accommodate their family. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve 15-ZVAR-1050, request for a reduction in the percentage decrease in height from the percentage of lot area less than 5,000 as required by Section 24- 82(c) to allow a 32.5 foot tall house at Daniel and Hackett Replat Block 16 Atlantic Beach, West Half of Lot 4 (aka 645 Ocean Boulevard), 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 below. 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 deny 15-ZVAR-1050, request for a reduction in the percentage decrease in height from the percentage of lot area less than 5,000 as required by Section 24- 82(c) to allow a 32.5 foot tall house at Daniel and Hackett Replat Block 16 Atlantic Beach, West Half of Lot 4 (aka 645 Ocean Boulevard), 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.