44 Coral Street ZVAR-2010-03 Staff Report
COMMUNITY DEVELOPMENT STAFF REPORT
October 19, 2010 Public Hearing
ZVAR-2010-03, Angela and William Acri
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: October 7, 2010
Subject: ZVAR-2010-03
Applicant: Angela and William Acri
44 Coral Street
Atlantic Beach, Florida 32233
Location: 44 Coral Street
Zoning: Residential, General M
Request: Reduction in the required 5-foot rear and side yard setbacks to zero (0) feet to allow for the construction of detached garage up to the rear and side property lines.
STAFF COMMENTS
The applicant has requested this Variance in order to construct a detached garage at the southwest corner of the lot extending to the rear and side property lines. The Applicant has
provided in the comments section of the application that the need for this Variance is: “the owners have an expensive vehicle that needs to be secured by a building.”
The subject property is a standard size 50’x115’ platted Lot of Record within Unit 1 of the Ocean Grove subdivision (Lot 3, Block 6) containing a two unit townhouse divided in ownership.
The Applicant owns only the southern half of this lot. Development on this lot far exceeds the 50% Impervious Surface Area limit that has been in effect since January of 2002.
The applicant has stated that the proposed garage would be constructed over an existing slab. However, the Public Works Director reports that this slab appears to have been recently
poured as concrete forms are still in place. No permits were issued for this work.
The current owner purchased this property in June of last year, so conditions related to parking should have been apparent.
Staff cannot find that any of the following conditions required to be demonstrated in order for the Community Development Board to approve a Variance are present. The Applicant has
indicated on the application form that #6 applies, but again, Lot 3 is a platted Lot of Record, of which this owner has fee-simple title to the southern half. Per the City’s Land
Development Regulations, Townhouses held in fee-simple ownership do not constitute a division of Lands.
(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.
(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.
This applicant’s expressed need for this request would also seem to be in conflict with: Section 24-64(c) which states: 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.
RECOMMENDED MOTION FOR DENIAL
The Community Development Board may consider a motion to deny this request for a Variance from Section 24-151(b) 1.v. to reduce the required minimum five (5) foot setback from rear and
side property lines to allow for the construction of a detached garage, upon finding that none of the following conditions is present.
(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.
Further, this request is in conflict with: Section 24-64(c)which states, 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.
RECOMMENDED MOTION FOR APPROVAL
The Community Development Board may consider a motion to approve this request for a Variance from Section 24-151(b) 1.v. to reduce the required minimum five (5) foot setback from rear
and side property lines to allow for the construction of a detached garage, upon finding that one or more of the following conditions is present. (Identify specific conditions in motion.)
(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.
(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.