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1124 Linkside Court West 17-ZVAR-457 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.A CASE NO 17-ZVAR-457 Request for a variance as permitted by Section 24-64, to reduce the rear yard setback from 10 feet as required by Ordinance No. 90-87-116 (Selva Linkside PUD) to 8 feet to allow an addition at Selva Linkside Unit 1 Lot 38 (aka 1124 Linkside Court West). LOCATION 1124 Linkside Court West APPLICANT Jen Smith and Brett Nansen DATE April 4, 2017 STAFF Derek W. Reeves, Planner STAFF COMMENTS The applicants are Jen Smith and Brett Nansen, the owners of 1124 Linkside Court. The property is located on a cul-de-sac in the Selva Linkside PUD and has an existing single family home. The applicants would like to build a one-story addition to the rear of the house with one corner 8 feet off of the rear property line. A variance is required because the required rear yard setback is 10 feet within the Selva Linkside PUD. The proposed 8 foot setback encroaches into the 10 foot setback by two feet. The property is located at the end of a cul-de-sac resulting in a pie shaped lot where one side is 84 feet long and the other side is 116 feet long. This causes the rear property line to be angled significantly. The house is squared to the longer side property line, resulting in the rear property line being at a near 45 degree angle to the house. As a result the addition at the rear of the property causes a small corner to be within the rear yard setback. On the other side of this rear property line is the rear yard of another home within the same development. While it does not appear that the home on this property is located on the 10 foot rear setback, it could be one day. It should be noted that the PUD does not provide standards or requirements when someone wants to build outside of the defined provisions. When something is not defined within a PUD, the City applies the City’s standard code. The ability and desire to do this is supported by the community’s management company as seen in the email provided by the applicants. Page 2 of 3   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: (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. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. The applicants stated in their application that the angle of their property line causes them to only be out of compliance by two feet on the corner of their addition. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.                                           Page 3 of 3   REQUIRED ACTION The Community Development Board may consider a motion to approve 17-ZVAR-457, request to reduce the rear yard setback from 10 feet as required by Ordinance No. 90-87-116 (Selva Linkside PUD) to 8 feet to allow an addition at Selva Linkside Unit 1 Lot 38 (aka 1124 Linkside Court West), 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: (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. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) 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 17-ZVAR-457, request to reduce the rear yard setback from 10 feet as required by Ordinance No. 90-87-116 (Selva Linkside PUD) to 8 feet to allow an addition at Selva Linkside Unit 1 Lot 38 (aka 1124 Linkside Court West), 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: (1) Light and air to adjacent properties. (2) Congestion of streets. (3) Public safety, including traffic safety, 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 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.