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1620 Jordan Street ZVAR17-0002 Staff Report CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.B CASE NO. ZVAR17-0002 Request for a variance as permitted by Section 24-64, to decrease the side yard setback from 5 feet as required by Section 24-108(e)(3)(a) to 0 feet to allow an open porch addition in the side yard at Ed Smith S/D South 41 feet of Lot 10, North 9 feet of Lot 11 Block 1 (aka 1620 Jordan Street) LOCATION 1620 Jordan Street APPLICANT Kimberly Warren DATE June 13, 2017 STAFF Derek W. Reeves, Planner STAFF COMMENTS The applicant is Kimberly Warren, the owner of 1620 Jordan Street. The property is a rectangular lot located mid-block on Jordan Street in the Residential General, Multi-family (RG-M) zoning district. There is an existing 1,125 square foot single family home built in 2001 on the 50 foot wide, 100 foot deep lot. The applicant would like to have a 24 foot by 9 foot open porch in the south side yard. A variance is needed for the open porch in the side yard where the required side yards are a combined 15 feet with a minimum of 5 feet on one side according to Section 24-108(e)(3)(a). The existing home has a 9.1 foot side yard on the south side where the porch would be and a 15.4 foot side yard on the north side. This means the minimum side yard on the south side is 5 feet. The side yard for the porch would be less than one foot (see picture below). As seen in the picture, the porch has already been constructed and without a permit. If the variance is not approved, the applicant will have to remove or modify the structure to make it conforming. A conforming open porch would be no closer than 3 feet from the property line. That would be the 5 foot setback as required plus the allowable 2 foot projection into the side from Section 24-83(b). On this side of the house is the only exterior door other than the front door as well as a storage closet that is only accessible from the outside. Both would be under the open porch. The applicant did reference issues with water damage to those doors as a result of being so exposed to the elements. Page 2 of 3   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. The applicant stated in their application that house is not centered on the lot with a narrow side yard on the side with an exterior door and access to a storage closet which limits their use. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant stated in their application that the narrowness of the lot contributes to the difficulty of use the exterior door and access to a storage closed on the narrow side yard.                                       Page 3 of 3   REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0002, request to decrease the side yard setback from 5 feet as required by Section 24-108(e)(3)(a) to 0 feet to allow an open porch addition in the side yard at Ed Smith S/D South 41 feet of Lot 10, North 9 feet of Lot 11 Block 1 (aka 1620 Jordan Street), 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 ZVAR17-0002, request to decrease the side yard setback from 5 feet as required by Section 24-108(e)(3)(a) to 0 feet to allow an open porch addition in the side yard at Ed Smith S/D South 41 feet of Lot 10, North 9 feet of Lot 11 Block 1 (aka 1620 Jordan Street), 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.