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859 Ocean Boulevard 16-ZVAR-149 Staff Report 08.05.2016AGENDA ITEM 4.A CASE NO 16-ZVAR-149 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 5 feet at Atlantic Beach Part of Hotel Reservation Record, Official Record 9884-1271 (aka 859 Ocean Boulevard). LOCATION 859 OCEAN BOULEVARD APPLICANT ROBERT MURPHY DATE AUGUST 5, 2016 STAFF DEREK W. REEVES, PLANNER  STAFF COMMENTS The applicant is Robert Murphy, the owner of the property at 859 Ocean Boulevard. The property is located on the corner of Ocean Boulevard and Club Drive within the Residential Single Family 2 (RS-2) zoning district. There is an existing 3 story home with a swimming pool on the property. The applicant would like to tear down 3 stories of existing open balconies and build a new larger second floor open porch with a solid roof 5 feet from the eastern property line. A variance is required because Section 24-106(e)(2) requires a 20 foot rear yard setback and the applicants are proposing a 5 foot rear yard setback for their new deck. The picture on the left below shows the existing deck and the picture on the right below is a rendering of the proposed deck. Everything new to the right of the red line is an expansion of the existing nonconforming deck requiring a variance. / The existing nonconforming development is likely the result of the fact that the property is a bit unique in that it is a corner lot with near equal frontages on both streets. It has 96 feet on Ocean Boulevard and 99 feet on Club Drive. By code, the front yard of a corner lot is the narrower side facing a street, which is Ocean Boulevard in this case. When the property was developed in the mid-1970s, it had in excess of 20 feet all the way around the structure to property lines (bottom left). In 1997, the 3 story portion of the house was added on to the east and north sides of the house. The site plan (bottom right) treated Club Drive as the front yard with 25 feet to the Club Drive (south) property line, 20 feet to the north (rear) property line and 5 feet to the east (side) property line. Corner lot requirements were the same at the time so it is unclear what happened to allow the construction. No variances were found. 1972 Survey 1997 Site Plan / If a survey similar to the one above one the left was used in the permitting of the addition, you will see one measurement along Ocean Boulevard and two measurements along Club Drive. The distance along Ocean Boulevard is greater than the longer distance along Club Drive. However the second measurement along Club Drive makes the total length along Club Drive greater than that along Ocean Boulevard. This would explain what was stated in the minutes of the June 16, 1998 Community Development Board meeting where it was explained that the Club Drive side was 6 inches shorter than Ocean Boulevard making Club Drive the front yard. This is the meeting that granted a variance to allow a pool to be constructed within the front yard setback. In reality the pool was constructed legally within the side yard of the property. 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: 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 improvements upon the property. The applicants stated in their application that the existing home addition and deck were approved and now they just want to replace unsafe deck. 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. REQUIRED ACTION The Community Development Board may consider a motion to approve 16-ZVAR-149, request 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 859 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: 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 improvements 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. Or, The Community Development Board may consider a motion to deny 16-ZVAR-149, request 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 859 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: Light and air to adjacent properties. Congestion of streets. Public safety, including traffic safety, 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. 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.