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398 Sherry Drive 16-ZVAR-105 Staff ReportAGENDA ITEM 4.B CASE NO 16-ZVAR-105 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 9 feet 4 inches at Saltair Section 3 Lot 362 (aka 398 Sherry Drive). LOCATION 398 SHERRY DRIVE APPLICANT TIM SHEA DATE JUNE 9, 2016 STAFF DEREK W. REEVES, PLANNER  STAFF COMMENTS The applicant is Tim Shea, a potential buyer of the property, with permission to act on the current owner’s behalf for this variance application. The property is located on the west side of Sherry Drive just north of Atlantic Beach Elementary. This property is in the Residential Single Family (RS-2) zoning district with existing single family homes on each side and in the rear. The applicant is planning to demolish the existing home and build a new home with a rear porch that will be 9 feet 4 inches from the rear property line. A variance is required because Section 24-106(e)(2) requires a rear yard setback of 20 feet for the primary structure. As seen in the site plan below (and in the application packet), the proposed attached 20 foot by 10 foot porch is to be well within the rear yard setback shown in red. The property has an irregular pie shape where the front is about 72 feet wide while the rear is about 46 feet wide with a total depth of about 97 feet. The required depth for a lot in the RS-2 zoning district is 100 feet. In this case the sides are 100 feet but the angles across the front and rear result in about 97 feet of depth. Typical lots in this plat are rectangular lots that are 50 feet wide and 100 feet deep. The average width on this lot is 59 feet which is significantly greater than typical lots in the area. When taking the 15 feet of side yard setbacks into consideration, the buildable area is 36 feet wide at the 20 foot rear yard setback line. This is a foot wider than what would be available on typical lots. Overall, this property is smaller than the minimum required size for new lots in the RS-2 zoning district of 75 feet wide by 100 feet deep. This would make this property, and most others in the area, a legal nonconforming lot of record. Nonconforming lots can be redeveloped provided they meet minimum setbacks. The proposed new home would replace an existing nonconforming structure that violates rear and side yard setbacks. It appears that this nonconformity was created around 1976 when the existing home was connected to an existing detached garage in the rear of the lot. A survey of the existing property is included in the application packet. 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. Irregular shape of the property warranting special consideration. The applicant stated in their application that the irregular shape of the rear of the lot is forcing them to request a variance for their rear porch area. 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-105, request to reduce the rear yard setback from 20 feet as required by Section 24-106(e)(2) to 9 feet 4 inches at Saltair Section 3 Lot 362 (aka 398 Sherry Drive), 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-105, request to reduce the rear yard setback from 20 feet as required by Section 24-106(e)(2) to 9 feet 4 inches at Saltair Section 3 Lot 362 (aka 398 Sherry Drive), 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.