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134 Pine Street ZVAR17-0011 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT   AGENDA ITEM 4.A CASE NO ZVAR17-0011 Request for a variance as permitted by Section 24-64, for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials at the south half of Lot 670 in Saltair Section No. 3 (aka 134 Pine Street). LOCATION 134 Pine Street APPLICANT Mary B. Cloutier DATE December 11, 2017 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Mary B. Cloutier, the owner of the townhouse located at 134 Pine Street. This townhome is the southern unit of a two- unit building that was built in 1986. The property is located in the Residential Single-Family (RS-2) zoning district and its Future Land Use designation is Residential Medium Density (RM). A variance is needed to replace the existing siding of the applicant’s southern unit of the townhouse. Section 24-88 (b) requires that “adjoining townhouse units shall be constructed of substantially the same architectural style, colors, and materials.” The applicant is proposing to replace the existing T1-11 siding with hardi-board lap siding on the back, side, and part of the front of the southern unit. The re-siding of one unit of the townhouse would result in a differing architectural style and construction materials between the two townhouse units. The applicant stated that the proposed siding would be repainted in the existing color, in order to keep both townhouse units the same color. Currently, the architectural style of the townhouse units differs slightly as a result of a second story buildout of the southern unit. The effective date of the ordinance that established the Code Section that this variance is seeking relief from was January 1, 2002. Hardi‐Board  Lap Siding  Existing T1‐11  Siding  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. The applicant stated that the existing T1-11 siding needs to be replaced due to rotting of the wood and that the proposed hardi-board lap siding is both rot and termite resistant. (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.     Page 3 of 3   REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR17-0011, request for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials in order to allow the residing of one unit of a two-unit townhouse at the southern half of Lot 670, Saltair Section No. 3 (aka 134 Pine Street), 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 ZVAR17-0011, request for relief from the Section 24-88(b) requirement for adjoining townhouse dwelling units to be constructed of substantially the same architectural style, colors, and materials in order to allow the residing of one unit of a two-unit townhouse at the southern half of Lot 670, Saltair Section No. 3 (aka 134 Pine Street), upon finding this request is not consistent with the definition of a variance, 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.