316 6th Street UBE-2002-05 Staff Report CDB
COMMUNITY DEVELOPMENT STAFF REPORT
August 20, 2002 Public Hearing
Use-by-Exception, UBE-2002-05
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: August 14, 2002
Subject: UBE-2002-05
Applicant: Shawn and Andrea Burke
316 Sixth Street
Atlantic Beach, Florida 32233
Requested Change: Request for a Use-by-Exception, pursuant to Sections 24-63 and 24-159, within the RS-2 Zoning District to allow a Home Occupation on a single-family residential lot
involving kite-surfing lessons, videography and storage of associated equipment such as kites, kite-boards, lines, harnesses, cameras and video tapes.
Location: 316 Sixth Street
Existing Zoning: Residential, Single-family (RS-2)
Future Land Use: Residential, Low Density (RL)
Surrounding Zoning: Residential, Single-family (RS-2)
Surrounding Land Use: Single-family Residential
STAFF COMMENTS AND RECOMMENDATION
This Use-by-Exception is requested to allow a Home Occupation on a single-family residential lot involving kite-surfing lessons, videography and storage of associated equipment such
as kites, kiteboards, lines, harnesses, cameras and video tapes.
The application also indicates that construction of an Accessory Structure is proposed, although no site plan depicting the exact location of this structure has been provided. The applicant
has indicated that this structure is to be located as highlighted on the attached survey. An addition to the existing non-conforming structure on this lot has been constructed without
permits, and a Variance to allow this structure to remain was denied by the Community Development Board on April 25, 2002.
The un-permitted construction is now under review by Code Enforcement, and the Applicant has been given until September 09, 2002 to demolish the addition to the storage shed. Further,
the Applicant has been advised that the Use-by-Exception process cannot be used as a process to reverse or reconsider the previous Variance denial. (See attached correspondence.)
With regard to the requested Home Occupation, it is Staff’s opinion that the proposed business exceeds the intent of Section 24-159, which states: Certain Home Occupations may be approved
through the Use-by-Exception procedure in order to address the desire of people to conduct limited small-scale home occupations within a personal residence. A Home Occupation shall
not change the residential character or exterior appearance of a property, shall not increase traffic in residential neighborhoods and shall not create any adverse impacts to the surrounding
residential neighborhood. It is Staff’s opinion that Home Occupations should be limited to those activities that are primarily office-type professions, and certain low-intensity service
providers.
Further, Section 24-159 (3) requires that: All business activities conducted on the licensed premises shall be conducted entirely within the Dwelling. There shall be no outside storage
or outside Use of equipment or materials. Staff cannot find that the request complies with this provision and cannot support approval of the requested Use-by-Exception.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Use-by-Exception to allow a Home Occupation in the RS-2 Zoning District
involving kite-surfing lessons, videography and storage of associated equipment such as kites, kite-boards, lines, harnesses, cameras and video tapes, on property located at 316 Sixth
Street, provided:
(Provide findings of fact similar to the following.)
Approval of this Use-by-Exception is not in compliance with all requirements of Section 24-63, Zoning and Subdivision Regulations for the City of Atlantic Beach, in that the proposed
business is not a small-scale home occupation conducted within a personal residence.
Approval of this Use-by-Exception is not in compliance with Section 24-159 (3), which requires all business activities to be conducted entirely within the dwelling with no outside storage
or outside use of equipment or materials.
The proposed business is not compatible with adjacent single-family residential properties and other properties within the surrounding area.
The proposed business is in conflict with the City’s Comprehensive Plan and is not consistent with the Residential, Low Density Future Land Use designation of this property.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Use-by-Exception to allow a Home Occupation in the RS-2 Zoning District
involving kite-surfing lessons, videography and storage of associated equipment such as kites, kite-boards, lines, harnesses, cameras and video tapes, and on property located at 316
Sixth Street, provided:
(Provide findings of fact similar to the following, and attach other conditions as may be appropriate.)
Approval of this Use-by-Exception is in compliance with all applicable requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic
Beach.
Approval of this Use-by-Exception is in compliance with all applicable requirements of Section 24-159, which sets forth requirements for permissible Home Occupations.
The proposed business is compatible with adjacent properties and other properties within the surrounding area because ___________________________________________________.
The proposed business use of this property is consistent with the City’s Comprehensive Plan and is consistent with the Commercial General Future Land Use designation because______.
F:\USERS\Planning\USE-BY-EXCEPTION FILES\UBE-2002-05 (Burke)\CDB Staff Report.Doc