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1917 Beach Avenue ZVAR-2008-02 ApplicationAPPLICATION FOR A VARIANCE City of Atlantic Beach - 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5845 • http://www.coab.us Date 2/6/08 1. Applicant's Name Carsten and Karen Demuth 2. Applicant's Address 1917 Beach Ave. 3. 4. Property Location 1917 Beach Ave. Property Appraiser's Real Estate Number 169689 0000 5. Current Zoning Classification RG -2 6. Comprehensive Plan Future Land Use designation RL 7. Provision from which Variance is requested Sec. 24-108(e) side, front and rear setbacks File No. 8. Size of Parcel 50'x189' & 29.461x50' 9. Homeowner's Association or Architectural Review Committee approval required for the proposed construction. ❑Yes ❑✓ No (If yes, this must be submitted with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. 11. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11xI7 inches are submitted. Please provide eight (8) copies of any such original documents. d. Application Fee ($150.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): J. W. Terry Simmons Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: J. W. Terry. Simmons, Fisher & Simmons Architects Mailing Address: 1510 - B 2nd St. S. Phone: 247-4900 FAX: 247-4900 E-mail:-fsainc@belIsouth.net Instructions to apply for a Variance Variance requests are considered and acted upon during public hearings before the Community Development Board at their regular monthly meetings, which are held the third Tuesday of each month, unless otherwise scheduled. Meetings are held at City Hall in the City Commission Chambers at 7:00 pm. The deadline for filing a Variance application, in order to be heard at the monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted to the Planning and Zoning Department located at City Hall. In order for a Variance application to be scheduled for public hearing, the application must be complete. All required information must be provided, and the required fee must be paid. (Variance fees are not refiindable in the event that the Variance request is denied.) Once the required fee and a complete application are submitted, the request will be scheduled for the next available public hearing. An advertised notice of the hearing will be published in the newspaper, and an orange zoning sign will be placed upon the property to notify neighboring residents that a Variance request will be considered. Before filing an application for a Variance, it may be useful to read and understand the following definition and requirements from the City's Land Development Regulations related to Variances. A Variance may be approved by the Community Development Board only when consistent with these provisions. Section 24-17. Definition of a Variance. 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. Sec. 24-64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Conmlunity Development Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1) a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the owner, or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (c) Grounds for denial of a Variance. 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 or more of the following. (1) light and air to adjacent properties. (2) congestion of Streets. (3) public safety, including risk of fire, flood, crime or other threats to public safety. (4) established property values. (5) the aesthetic environment of the community. (6) the natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, Protected Trees, or other significant environmental resources. (7) the general hea lth, 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 situations created by the property owner. The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided. (d) Grounds for approval of a Variance. A Variance may be granted, at the discretion of the Community Development Board, for the following reasons. ❑ (1) exceptional topographic conditions of or near the property. ❑ (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. ❑ (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. 0 (4) onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The existing lot was plotted and the existing residence was constructed prior to adoption of the zoning code. ❑✓ (5) irregular shape of the property warranting special consideration. The unsquare lot lines create comers which are closer to the property lines and the setback increases along the length of the wall. Q✓ (6) substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. The small 29'x50' lot requires a variance to allow a usuable building which could only by 14'x10' deep if no variance is granted. (e) Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become hull and void. (j) A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. Additional comments: The owner's desire for a usable garage will remove vehicles from the street and improve the neighborhood Replacing some portions of the existing enclosed structure will provide an open porch facing the street and an increased setback on the north side as well as adding guest parking. This is also an improvement for the neighborhood.