366 Plaza Street ZVAR-2002-12 Staff Report
COMMUNITY DEVELOPMENT STAFF REPORT
August 20, 2002 Public Hearing
Zoning Variance, ZVAR-2002-12
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: August 14, 2002
Subject: ZVAR-2002-12
Applicant: Michael L. Fogg
366 Plaza Street
Atlantic Beach, Florida 32233
Requested Change: Request for a Variance from Section 24-105 (e) (1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to allow construction of a front patio
overhang on a lot within the RS-2 Zoning District and located at 366 Plaza Street.
Location: 366 Plaza Street
Existing Zoning: RS-2
Future Land Use: Residential, Low Density
Surrounding Zoning: RS-1 and PUD
Surrounding Land Use: Single-family residential
STAFF COMMENTS AND RECOMMENDATION
The applicant has requested this Variance to allow a roof overhang to extend over a small patio located at the front of the residence. (The main entrance to this house is located on
the west side of the structure.) The proposed overhang would be constructed in conjunction with needed replacement of the existing roof and will be an integrated extension of the new
roof. As proposed, the overhang would encroach into the 20-foot front yard approximately six feet and five inches. The existing residence is constructed to within one inch of the
twenty-foot setback; therefore, any structure intended to provide protection from the weather over this patio area would require a Variance. In that the proposed overhang is an open
structure, and creates minimal intrusion into the front yard, Staff does not object to the requested Variance, subject to a condition that this patio area remain open and not be enclosed
at any future date.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance from Section 24-105 (e) (1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to
allow construction of a front patio overhang on a lot within the RS-2 Zoning District and located at 366 Plaza Street, subject to:
The front patio area shall remain open and shall not be enclosed, and further provided:
There are special conditions or circumstances that are peculiar to the Structure involved that are not applicable to other Structures in the same Zoning District.
The special conditions and circumstances do not result from the actions of the Applicant.
The Variance granted is the minimum Variance that will make possible the reasonable use of the Lot.
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.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance from Section 24-105 (e) (1) to reduce a twenty (20) foot front yard to not less than thirteen (13) feet to allow
construction of a front patio overhang on a lot within the RS-2 Zoning District and located at 366 Plaza Street, provided:
(Provide findings of fact similar to the following.)
There are no special conditions or circumstances which are peculiar to the Land, Structure or Building involved that are not applicable to other Lands, Structures or Buildings in the
same Zoning District.
The special conditions and circumstances are the result from the actions of the Applicant.
The Variance requested is not the minimum Variance that will make possible the reasonable Use of the Land, Building or Structure.
The granting of the Variance will not be in harmony with the general intent and purpose of this Chapter, and the Variance will be injurious to the area involved or otherwise detrimental
to the public welfare.
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