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1865 Live Oak Lane ZVAR17-0007 Staff Report CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.C CASE NO. ZVAR17-0007 Request for a variance as permitted by Section 24-64, to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka 1865 Live Oak Lane). LOCATION 1865 Live Oak Lane APPLICANT Zachary Crabtree DATE October 10, 2017 STAFF Derek W. Reeves, Planner STAFF COMMENTS The applicant is Zachary Crabtree who is representing the owners of 1865 Live Oak Lane. The property is zoned PUD in the Selva Marina neighborhood and has an existing single family home. The owners are building a new outdoor kitchen and pool in the back yard of the property and would like to have that area covered by screen enclosure that would be 5 feet from the side property lines and 7 feet 10 inches from the rear property line. A variance is required for the screen enclosure because it does not meet the required setbacks of the PUD. This property is part of the Selva Marina Unit 12-C PUD and plat. The plat includes the southern portion of Hickory Lane, Dale Lane and the northern portion of Live Oak Lane. The PUD was approved in 1978 by the Commission and the plat was approved in 1980 by the Commission. The Covenants and Restrictions for the PUD, which are usually not enforced by a municipality, were provided to the City as the PUD’s governing text. The Covenants do define the City’s enforcement powers in the PUD. A copy is attached to the end of this report. Section III(D) of the Covenants states, “No dwelling, fence, wall, detached outbuilding, enclosed swimming pool or similar structure shall be located, placed, altered or permitted on any lot in said subdivision outside of the dwelling zone, except as hereinafter provided.” The dwelling zone is defined by setbacks of 20 feet in the front and rear and 10 feet in each side yard. Outbuildings, fences and pools are granted exceptions with defined setbacks of 5 feet from side and rear yards in addition to other requirements, but screen enclosures or enclosed Page 2 of 4   swimming pools are not. This would mean that they are required to meet the setbacks of the dwelling zone. The proposed setbacks of a 5 foot side yard and 7 foot 10 inch rear do not meet the setbacks of the dwelling zone.  When reading the Covenants, there are several references to a Special Advisory Planning Board that is required to grant approvals in the PUD. However, this board no longer exists and the applicant has provided a letter from a former member stating the board became inactive in 2011. The Covenants then defer responsibilities to the City. Just as if a proposed project did not meet the City’s zoning code, it would have to get a variance, when a proposed project doesn’t meet the requirements of the PUD, it must get a variance. Historically, it appears that the City has not always recognized and enforced these Covenants, which has resulted in a hodgepodge of development in this PUD, and others with similar circumstances. This means that the City’s normal zoning code was applied. If the City’s normal zoning code was applied to this screen enclosure, it would be approved administratively as the side and rear yard setbacks are 5 feet for such a structure. Ultimately, staff would like to explore corrective measures for these PUDs that would address the nonexistent boards and to make zoning requirements consistent. 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. (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 in their application that they are trying to rebuild the outdoor space in the form of a wood deck that they had before with a new screen enclosure around a patio and pool. (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 approve ZVAR17-0007, request to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka 1865 Live Oak Lane), 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 ZVAR17-0007, request to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka 1865 Live Oak Lane), or it is not 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.