412 Whiting Lane ZVAR-2004-10 Staff Report 2nd
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
September 21, 2004 Public Hearing
ZVAR-2004-10, Fiore
(continued from August meeting)
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: August 09, 2004
Subject: ZVAR-2004-10 (continued from August meeting)
Applicant: Timothy Fiore
412 Whiting Lane
Atlantic Beach, Florida 32233
Requested Change: Request for a Variance from Section 24-151 (b) (1) (ix) to allow an existing storage shed to remain in its current location at 1-foot, 8-inches from the side
lot line and 3-feet, 6-inches from the rear lot line.
Location: 412 Whiting Lane
Existing Zoning: RS-1
Future Land Use: Residential, Low Density
Surrounding Zoning: RS-1
Surrounding Land Use: Single-family residential
STAFF COMMENTS
The Applicant has requested this variance in order to allow an existing shed to remaining its current position. The shed was constructed by a previous owner without a building permit.
(The un-permitted shed was identified by the Building Department during routine verification of permits for such structures.)
The current owner applied for a building permit so that the shed could be inspected and permitted; however, since the shed does not comply with zoning setbacks, a building permit could
not be issued. The lot is a roughly 80-foot by 93-foot parcel within the Royal Palms subdivision, and does not contain a garage or any other type of storage structure. The Community
Development Board may wish to consider that exceptional circumstances prevent the reasonable use of the property as compared to other properties in the area in that there does not appear
to be any other location on the lot where a garage or shed could be placed due to existing zoning setbacks, and also a platted 25-foot Building Restriction Line and a drainage and utility
easement along the west side of the lot.
The Community Development Board may grant a Variance upon demonstration of the following.
(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 TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve this request for a Variance from Section 24-151 (b) (1) (ix) to allow an existing storage shed to remain in its current
location at 1-foot, 8-inches from the side lot line and 3-feet, 6-inches from the rear lot line on property within the RS-1 Zoning District and located at 412 Whiting Lane, subject
to the following condition:
A Building Permit shall be applied for and issued within thirty (30) days of this action, and further provided that the request complies with the following condition(s) needed to grant
a Variance.
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 lots are of irregular shape of the property warranting special consideration.
6. The lots are of substandard size warranting a Variance in order to provide for the reasonable Use of the property.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny this request for a Variance from Section 24-151 (b) (1) (ix) to allow an existing storage shed to remain in its current
location at 1-foot, 8-inches from the side lot line and 3-feet, 6-inches from the rear lot line on property within the RS-1 Zoning District and located at 412 Whiting Lane, provided:
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 lots are not of irregular shape of the property warranting special consideration.
6. The lots are not of substandard size warranting a Variance in order to provide for the reasonable Use of the property.
H:\PLANNING\VARIANCE FILES\ZVAR-2004-10 (Fiore)\Staff Report.Doc