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.
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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.