1072 Beach Avenue ZVAR-10-04 Staff Report CDB 11.16.2010
COMMUNITY DEVELOPMENT STAFF REPORT
November 16, 2010 Public Hearing
ZVAR-2010-04, Suarez, 1072 Beach Avenue
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: November 09, 2010
Subject: ZVAR-2010-04
Applicant: Jacqueline and Joel Suarez
1072 Beach Avenue
Atlantic Beach, Florida 32233
Requested Change: Application for a Variance from Section 24-106(e)(3) to reduce the required side yard setback from ten (10) feet to seven (7) feet to allow the addition of stairs
as a secondary means of egress from the existing second story living area of a single-family home located at 1072 Beach Avenue within a Residential Single-Family (RS-2) Zoning District.
Location: 1072 Beach Avenue
Existing Zoning: Residential Single-Family (RS-2)
STAFF COMMENTS
The applicant has requested this Variance in order to construct stairs within the required ten (10) foot side yard setback along the southern side of the existing house. The applicant
has stated in an attached narrative that said stairs would “provide a secondary means of egress from our living area and bedrooms from the second floor.”
The subject property is a standard size rectangular 50’ x 100’ platted Lot of Record within the Atlantic Beach subdivision (Lot 11, Block 40). The existing structure was constructed
in 1995, according to the same RS-2 development standards that are currently in effect.
Prior to submittal of this application, staff advised an agent for the applicant that none of the conditions required to be demonstrated in order for the Community Development Board
to approve a Variance were present. However, the applicant proceeded with submittal, but failed to include pages 2-4 of the application and therefore did not indicate under which
of these conditions, a Variance was being sought. Instead the attached type-written request was submitted.
Section 24-64 (d). Grounds for approval of a Variance. 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.
SUGGESTED ACTION FOR APPROVAL
The Community Development Board may consider a motion to approve this request for a Variance from Section 24-106(e)(3) to reduce the required side yard setback from ten (10) feet to
seven (7) feet to allow addition of stairs as a secondary means of egress from the second story living area of an existing single family home located on a lot at within the RS-2 Zoning
District, upon finding:
1. There are exceptional topographic conditions of or near the property.
2. There are surrounding conditions or circumstances impacting the property disparately from nearby properties.
3. There are exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
4. There are regulations, which were enacted after platting or after development of the property or after construction of improvements upon the property that have onerous effect upon
current use and development of the property.
5. The lot is of irregular shape, warranting special consideration.
6. The lot is of substandard size, warranting a variance in order to provide for the reasonable use of the property.
SUGGESTED ACTION FOR DENIAL
The Community Development Board may consider a motion to deny this request for a Variance from Section 24-106(e)(3) to reduce the required side yard setback from ten (10) feet to seven
(7) feet to allow addition of stairs as a secondary means of egress from the second story living area of an existing single family home located on a lot at within the RS-2 Zoning District,
upon finding:
1. There are no exceptional topographic conditions of or near the property.
2. There are no surrounding conditions or circumstances impacting the property disparately from nearby properties.
3. There are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
4. There are no regulations enacted after platting or after development of the property or after construction of improvements upon the property having an onerous effect upon existing
use and development of the property.
5. The lot is not of irregular shape warranting special consideration.
6. The lot is not of substandard size warranting a Variance in order to provide for the reasonable use of the property.