859 Ocean Boulevard 16-ZVAR-149 Presentation CDBRequest for a variance as permitted by Section 24-64, to reduce the rear yard setback from 20 feet as required by Section 24-106(e)(2) to 5 feet at Atlantic Beach Part of Hotel Reservation
Record, Official Record 9884-1271 (aka 869 Ocean Boulevard)
16-ZVAR-149
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Site Context and Detail
RS-2 Zoning.
RL (Residential Low) Future Land Use.
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Proposed Plan
Remove an existing 3 story deck and replace with a new 2 story covered deck that will be 5 feet from the rear property line.
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Need for a Variance
Section 24-106(e)(2) requires a 20 foot rear yard.
Relevant Codes
“Lot, corner” shall mean a lot abutting 2 or more streets….The exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot. The exterior
lot line of the longest side of the lot abutting the street shall be considered as a side of the lot…”
Section 24-85(c)(1) states, “No nonconforming structure shall be expanded or enlarged unless such expansion or enlargement complies with the terms of this section and other applicable
provisions of this chapter, including buildings setbacks, or unless a variance has been obtained…”
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Analysis and Concerns
Original house built in ‘72.
3 story addition with deck in ‘97.
Pool with variance in ‘98.
2 measurements along Club Drive.
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Possible Lesser Variance
Request for a variance as permitted by Section 24-64, to reduce the rear yard setback from 20 feet as required by Section 24-106(e)(2) to 9 feet to allow a new two story deck with a
solid roof as shown in the plans provided on August 16, 2016 at Atlantic Beach Part of Hotel Reservation Record, Official Record 9884-1271 (aka 869 Ocean Boulevard)
5’
36’
9’
34’
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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.
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