645 Ocean Boulevard 15-ZVAR-1070 PresentationRequest for a variance as permitted by Section 24-64 for a reduction in the percentage decrease in height from the percentage of the lot area less than 5,000 as required by Section24-82(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 Blvd).
15-ZVAR-1070
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Substantially the Same
Section 24-64(h) states, “Waiting period for re-submittal. If an application for a variance is denied by the Community Development Board, no further action on another application for
substantially the same request on the same property shall be accepted for 365 days from the date of denial.”
The requested variance is the exact same, but the design has changed and the applicants addressed this issue in their application.
1st application was heard by the CDB on August 18th 2015.
The CDB voted 6-0 to deny the variance application finding that the project had a negative impact on light and air to adjacent properties.
The board may decide that the 2nd application is substantially the same to the 1st application finding that the required waiting period for re-submittal has not been met.
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Site Context and Detail
RG (Residential General) Zoning.
RL (Residential Low) Future
Land Use.
81 Foot by 50 Foot Lot.
Built in 1923.
Currently a Duplex.
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Proposed Plan
Do an extensive remodel on the existing structure including new siding, windows and an all new interior while converting to a single family home.
Addition of a 3rd floor after removing the existing roof with a final height of 32’ 6”.
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Need for a Variance
Section 24-82(c) states; “on nonconforming lots of record, which shall be any lot that contains less than five thousand (5,000) square feet in lot area, the height of buildings shall
be restricted to a percentage of the area of the such lot compared to the minimum requirements of the zoning district and applying the same to the maximum height of building allowed
in said zoning district.”
81’ by 50’ Lot = 4,050 Square Feet.
4,050 Square Feet is 81% of the Defined 5,000 Square Feet.
Maximum Height in RG is 35 Feet.
81% of 35 Feet = 28’ 4”
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Analysis and Concerns
A nonconforming lot has the same required setbacks and Old Atlantic Beach Design Standards as a normal lot, resulting in the house being located in the same physical space.
The existing structure is a nonconforming structure due to front and side yard setbacks.
Effective 19% reduction
in height required by
code.
Requested height is
appox. half the required
reduction.
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Previous Variance Application
New Version
Old Version
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Previous Variance Application
New Version
Old Version
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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.
Determine the application to NOT be substantially different from the August 2015 application.
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