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2215 Alicia Lane ZVAR-2011-02 Staff Report CDBAGENDA ITEM 5.a COMMUNITY DEVELOPMENT STAFF REPORT April 19, 2011 Public Hearing Zoning Variance, ZVAR-2011-02, Lewis To: Community Development Board From: Planning, Zoning and Community Development Department City of Atlantic Beach Date: April 12, 2011 Subject: ZVAR-2011-02 Applicant: Gary and Denise Lewis\225 W. 107th Street, Carmel, Indiana 45032 Requested Action: Request for a Variance from Sec. 24-1151(b) (1) to allow an existing outdoor shower enclosure to be replaced at a distance of less than three (3) feet from the side property line at 2215 Alicia Lane in Tiffany by the Sea. Location: STAFF COMMENTS AND RECOMMENDATION The property owner wishes to replace an existing shower enclosure with a new enclosure on an oceanfront lot within Tiffany by the Sea at 2215 Alicia Lane. The existing shower enclosure is located at the side property line and ranges in height from 7 feet to nine feet above grade as a result of the significant variation in topography at the adjoining side lot lines. The new shower is proposed to be constructed in the same location of six-foot wood panels over a flagstone veneered concrete block footer wall for an overall height of seven feet above grade, which is well within the height limit for such accessory structures. The Tiffany by the Sea HOA and the FDEP have approved the proposed design. Prior to March 2010, there were no setback requirements for outdoor shower enclosures. The three-foot setback for shower enclosures and open stairs went into effect in March of last year. 2 SUGGESTED ACTION TO APPROVE The Community Development Board may consider a motion to approve this request for a Variance to allow an existing outdoor shower enclosure to be replaced at a distance of less than three (3) feet from the side property line at 2215 Alicia Lane in Tiffany by the Sea. Staff recommends approval of this request finding the granting of the Variance will be in harmony with the general intent and purpose of Chapter 24, and the granting of this Variance will not be injurious to the area involved or otherwise detrimental to the public welfare, and that the request is consistent with the reasons for which a variance may be approved as cited in Chapter 24-64(d.) (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for one or more of the following reasons. Provide findings of fact similar to the following. (1) Exceptional topographic conditions of or near the property. Oceanfront lots are typically considered to have exceptional topographic conditions, but this does not mean that such lots are by default entitled to a variance. (2) There is an onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. How onerous this requirement is may be debatable, but clearly this regulation was not in effect prior to March 2010. The Board may wish to consider that it is reasonable for a property owner to be able replace an existing structure in its same location at a lower height than previously existed, In other words, resulting in no greater impact on the lot. Staff recommends approval of this request finding it to be in accordance with terms and provisions of Section 24-64 and The granting of the Variance will be in harmony with the general intent and purpose of this Chapter, and the Variance will not be injurious to the area involved or otherwise detrimental to the public welfare.