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1303 Beach Avenue ZVAR-14-00100046 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4C CASE NO ZVAR-14-00100046 Request for a variance as permitted by Section 24-64 for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Block 52 Lots 1and 2 (aka 1303 Beach Ave). LOCATION 1303 BEACH AVENUE APPLICANT DR. FRED LAMBROU AND PATRICIA ANDREWS DATE NOVEMBER 4, 2014 STAFF DEREK W. REEVES, ZONING TECHNICIAN STAFF COMMENTS The applicants, Dr. Fred Lambrou and Patricia Andrews are the owners of 1303 Beach Avenue. The property is an ocean front lot located on the north side of the 13th Street beach access. The property has an existing structure that was built in 1937, located one foot from the property line along Beach Avenue. The applicants would like to preserve much of the original structure while remodeling it and adding another floor 8 feet from the Beach Avenue property line. A variance is needed for the new floor addition 8 feet from the property line along Beach Avenue because Section 24-106(e)(2) requires a 20 foot rear yard setback. Rear yards do not typically front right-of ways, but Section 24-84(b) states, “For lots having frontage on the Atlantic Ocean, the front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be measured from the lot line parallel to or nearest the ocean.” Since this is an ocean front lot, the front yard is the on the Atlantic Ocean side of the lot and the rear yard is on the opposite side or the Beach Avenue side. The existing home is considered nonconforming because it is located within 20 feet of the property line along Beach Avenue as required by Section 24-106(e)(2). Section 24-85(c) allows for a nonconforming structure to be repaired, but strictly prohibits the expansion of nonconformity. The variance, if approved, would mean the new floor addition would be within the required setbacks and not result in an expansion of nonconformity. The applicants are requesting the variance so that they can preserve an older home that they believe adds to the character of Old Atlantic Beach, while making the structure more livable and improving its aesthetics. A complete tear down of the existing structure is an option to create a more livable home that also meets all codes. A complete tear down would likely result in the new home being built seaward of the Coastal Construction Control Line. The request for an 8 foot rear yard setback from the property line along Beach Avenue was determined by the location of the existing internal stairs. The new top floor could not be built any further back without moving the stairs. Rather than asking to build directly above the footprint of the existing structure, the designers felt that letting the stairs determine the western wall would help reduce the visual impact of a new floor from the street. In addition, they plan to replace the existing gable roof with a balcony within the 8 foot setback in an effort to further reduce the visual impact of a new floor for those at street level. Page 2 of 4 The site plan below shows the new floor addition laid over the existing footprint of the structure. The blue line shows the property line along Beach Avenue. The green line shows the requested 8 foot setback from the property line along Beach Avenue. The red line shows the normal 20 foot setback from the property line along Beach Avenue. Site Plan of 1303 Beach Avenue Current plans call for only the new top floor to be setback from the property line along Beach Avenue. The rest of the existing structure would remain except for the existing roof line. It is important to note that if this variance is approved, it runs with the property and the existing structure could be demolished and a new house could be built entirely up to the 8 foot rear yard setback. Conditions may need to be added to the variance if approved that require the 8 foot setback apply to the existing structure only and only to the top floor. Determination Needed if Variance is Approved If the variance is approved and the applicant submits plans as shown then there is a potential issue with Old Atlantic Beach Design Standards. Staff is unclear about how to define each floor. Is the garage level a basement or the first floor? If it is the first floor then the new third floor would have to comply with the Old Atlantic Beach Design Standards, which state that the third floor can be no greater than 50% of the size of the second floor. In the Flood Hazards Area chapter of the Land Development Regulations, the “basement” is defined as “the portion of a building having its floor subgrade (below ground level) on all sides.” The Florida DEP recognizes the first floor as the first floor fully above wavecrest elevation, which is the floor above the garage. If the variance is approved then the staff will respectfully request a determination of the first floor from the Community Development Board. Page 3 of 4 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. The applicant stated that the existing structure was built in 1937 and contributes to the historic character of Old Atlantic Beach. They would like to preserve this structure. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated that the 1937 structure was built before the City’s Land Development Regulations. It was also built before the Coastal Construction Control Line was established that makes redevelopment of the site beyond the structures current footprint more difficult. (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. Page 4 of 4 REQUIRED ACTION The Community Development Board may consider a motion to recommend approval of ZVAR-14-00100046, request for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Block 52 Lots 1 and 2 (aka 1303 Beach Ave), 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 above. 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 recommend denial of ZVAR-14-00100046, request for a reduction in rear yard setback from 20 feet as required by Section 24-106(e)(2) to 8 feet at Atlantic Beach Block 52 Lots 1 and 2 (aka 1303 Beach Ave), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d), 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.