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290 Beach Avenue ZVAR 14-00100025 ApplicationCITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247=5814 Application Number 14-00100025 Date 6/24/14 Property Address 290 BEACH AVE Application type description ZONING VARIANCE Property Zoning 0 . . . . . TO BE UPDATED Application valuation 0 Application desc sec 24-106e mim yard req front yard ---------------------------------------------------------------------------- Owner ------------------------ PITLER, ANDY 273 OCEAN BLVD ATLANTIC BEACH FL 32233 Contractor OWNER Permit ZONING VARIANCE Additional desc Sub Contractor OWNER Permit Fee 100.00 Plan Check Fee .00 Issue Date Valuation 0 Expiration Date 12/21/14 ---------------------------------------------------------------------------- Special Notes and Comments APPROVED TO PROCESS CHK ONLY ---------------------------------------------------------------------------- Other Fees ZONING VARIANCE 150.00 ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due --------------------------------------------------------- Permit Fee Total 100.00 100.00 .00 .00 Plan Check Total .00 .00 .00 .00 Other Fee Total 150.00 150.00 .00 .00 Grand Total 250.00 250.00 .00 .00 Pi';RMIT IS APPROV);D ONLY IN ACCORDANCI; WITH ALL CITY OF ATLANTIC BUILDING COD>;S. I IF In IF%«IF :\. 7wr ««« «1 \\ /IF/. y « d w © d%IF >_ : 2 »d y� % d \«? « d d«2§ Date 6/20/14 APPLICATION FOR A VARIANCE City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5845 • littp://www.coab.us 1. Applicants Name Andrew Thomas Pitler 2. Applicant's Address 277 Beach Ave., Atlantic Beach, FL 32233 3. Property Location 152 Beach Ave., Atlantic Beach, FL 32233 (south half of attached survey) 4. Property Appraiser's Real Estate Number 170196-0000 5. Current Zoning Classification RS -2 6. Comprehensive Plan Future Land Use designation RL 7. Provision from which Variance is requested Sec. 24-106.e.2 (Minimum yard requirements, front yard) 8. Size of Parcel App. 6,500 SF or 50'x 130' 9. Homeowner's Association or Architectural Review Committee approval required for the proposed consh•uction. ❑Yes ®No (If yes, this must be submitted with any application for a Building Permit.) 10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested 11. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or absh•act company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such documents. d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form Printed or typed name(s): Signature(s): is attached:. Mark David Major, AICP, Starr Sanford Design (Authorized Representive) ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Mark David Major, AICP Mailing Address: Starr Sanford Design, 515 3rd Street, Neptune Beach, FL 32266 Phone: (904) 404-6138 FAX: (904) 572-1206 E-mail: mark@starrsanforddesign.com Section 24-17. Definition of a Variance. A Variance shall mean relief granted from certain terms of flus 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 2464 of this Chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach, Sec. 24-64. Variances. A Variance may be sought in accordance with this Chapter. Applications for a Variance may be obtained from the Community Development Department. A Variance shall not reduce mini mmum Lot Area, minimum Lot Width or Depth; and shall not increase maximum Height of Building or Impervious Surface Area as established for the various Zoning Districts. Further, a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application.. A request for a Variance shall be submitted on an application form as provided by the City and shall contain each of the following. (1) a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. (3) a survey or Lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signattue of the owner, or the signature of the owner's aufliorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing. Upon receipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (c) Groumds for denial of a Variance. No Varian ce 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 or more of the following. (1) light an d air to adjacent properties. (2) congesti on of Sheets. (3) public safety, including 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 resowces. (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 situati ons created by the property owner. The foltowmg paragraph sets forth reasons for which a Variance may be ML)roved. Please check the circumstances that apply to _your request and briefly describe in the space provided. (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) excepfional topographic conditions of or near the property. Q (2) surrounding conditions or circumstances impacting the property disparately from nearby properties. Property abuts two (2) public right -of --ways (Beach Ave. and Ocean Ave. 1 on a noniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiel� 1111 - � (3) exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Property has a narrow, non -conforming lot width (app. 50 feet ), which requires siting the existing house,on rches, and accessory structure using the additional depth of the lot (app,110—'). ❑X (4) onerous effect of regulations enacted after platflng or after development of the property or after construction of improvements upon the property. Sec. 24-106.e.2 requiring a minimum front yard of twenty (20 feet) creates an undue burden and limits reasonable siting of the house and accessory ctn ❑ (5) irregular• shape of the property warranting special consideration. ❑X (6) substandard size of a Lot of Record warranting a Vuiance in order to pprovide for the reasonable Use of the property. RS -2 zoning district requires a minrmum lot area of 7,500 SF. The lot area of the property is approximately 6,500 SF, or app. 1,000 SF below code. RS -2 zoning district requires a minimum lot width of 75 feet The average l�idth of the property is anpprnximn� 50- _feet nr 25 'below code. (e) Approval of a Variance. To approve an application for a Varian ce, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Varian ces. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. (h) Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i} Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one ume extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. (j) A Variance, .which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. To whom it may concern: I, Andrew Pitler, authorize Starr Sanford Design and Associates to represent me in reference to the application for variance and any other questions regarding my property at 294 Beach Ave., Atlantic Beach, PL 32233. Thank you. Andrew Pitler 773. 68.6868 0 U&INEN oldi eR � ars Pt, It I yi 1. �Q �'f�}', a"'^'j O v7d v4� & a w 2 Li Z wM ,Q a : U ++N CO 0 0 L�j jjw w �7 �w aaT -c o bA cv j < o �?'�i 11w *- X w !:19 °CL z��< o0l � w ` moo a� N +�y Ul ICS^ z W 11 64 bow Ozim z� ,- 00 C.1 Pry A tO PJ'7 0 CL G l J � LL J m� N m� ��IrJ O>" m iE 0 0 1. 11 11 a 11 11 A,00 0,Q' Z��z to WiEz �mU�t6aJt. ZmP w ® <C0QZ) Q Q 0 ceV J m �a Q LU �Q O °- m zQ wU LL� 00 or C7 0 FOUND 1/2" PIPE, LB104 SET 1 /2"IRON PIPE, L63672 FOUND "X" S'ly) 0 w H 0 o, Pioject #: 14004 Date: 712/14 Revised: Sheet STATEMENT OF FACTS PROPERTY: 152 Beach Avenue, Atlantic Beach, FL 32233 FLUM: RL (Residential Low Density) ZONING: RS -2 (Residential Singly Family 2) LOCATION: Old Atlantic Beach PARCEL ID: 170196 0010 SHORT LEGAL: 5-69 16 -2S -29E.15 ATLANTIC BEACH LOT 5, BLK 28 LOT SIZE: Approximately 50' x 130' or 6,500 SF HISTORIC STRUCTURE DATE OF CONSTRUCTION: 1934 REQUESTED VARIANCE: The front and rear yard setbacks adjacent to the Beach Avenue and Ocean Avenue right-of-ways shall total thirty (30) feet with a minimum of ten (10) feet on one side. CODE REQUIREMENTS INCONSISTENT WITH COMPREHENSIVE PLAN The front and rear yard setback requirements of Section 24-106.e.2 are inconsistent with Objectives A.1.3, A.1.4, A.1.6 and F.2.1, and Policy A.1.4.1, A.1.4.3, F.2.1.3, and F.2.2.3, of the City of Atlantic Beach Comprehensive Plan because this requirement is inconsistent with "the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach." Most historic homes in Old Atlantic Beach have minimum setbacks, usually within 10 feet of the public right-of-way. This is a distinctive attribute of the architectural and historic character in the area, especially for the nineteen (19) lots between Beach and Ocean Avenue from I" Street to 5th Street. The front and rear yard setback requirements of Section 24-106.e.2 are also inconsistent with Policy A.1.4.1 of theComprehensive Plan to "encourage the preservation and protection of historically significant housing." It creates an undue burden on homeowners by retarding their ability to add or modify a residential structure in a manner consistent with its historic nature and even promotes the demolition of historic structures in Old Atlantic Beach as the most direct route through City's permitting process. The Commission recently adopted a Code change (November 2013}, which only compounds the inconsistency of Section 24-106.e.2 with these Objectives and Policies of the Comprehensive Plan. VARIANCE FROM: Section 244 06.e.1-2 (Minimum front yard) We are requesting a variance from the minimum twenty (20) foot requirements of Section 24-106.e.1- 2. The RS -2 zoning district requires a minimum lot area of 7,500 square feet (SF) and lot width of 75 feet. The lot area of the property, platted before adoption of the current code, is approximately 6,500 SF. The lot width of the property is approximately 50.0 feet. The narrowness of the lot requires adding a second story to a historic structure in a manner consistent with the architectural style and construction of that structure. The requirements of Section 24406.e.2 limits reasonable use of the property due to the non -conforming status of this lot located in Old Atlantic Beach. The historic structure sits 8.5 feet from the public right -of --way and the addition of a second story in a historically compatible manner is not feasible by setting the vertical construction twenty (20) feet from the public right-of-way (or an additional 11.5 feet from the exterior wall). It is feasible to due so ten (10) feet from the public right-of-way in an architecturally and historically compatible manner Variance from these requirements is necessary in order to protect a significant historic structure and add to architectural character of Old Atlantic Beach in a manner consistent with Objectives A.1.3, V104, A.1.6 and F.2.1, and Policy A.1.4.1, A.104035 F.2.1.3. and F.2.2.3, of the City of Atlantic Beach Comprehensive Plan. APPROVAL OF VARIANCE IS CONSISTENT WITH THE COMPREHENSIVE PLAN The requested variance is consistent with the Architectural Design Guidelines for Old Atlantic Beach and the following objectives and policies of the City of Atlantic Beach Comprehensive Plan, Objective A.1.3 Maintaining Residential Character The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of life and the predominantly residential character of the City of Atlantic Beach... " Objective A.1.4 Old Atlantic Beach Sites, structures, and neighborhoods, which have been identified as having historic, architectural, archaeological, civic or cultural importance, shall be protected from damage or destruction, and the preservation of such valuable resources shall be encouraged by the City. Policy A.1.4.1: Sites and structures within the City, which are determined to have historic or archeological significance, and which are found to be worthy of preservation in accordance with standards established by the Florida Division of Historical Resources, shall be protected to the extent possible. Policy A.1.4.3: The City shall maintain within its Land Development Regulations provisions intended to retain the unique community identity, the architectural character, and the residential scale of that area of the City known as Old Atlantic Beach. Objective A.1.6 Preservation of Older Neighborhoods The City shall preserve the sound structural condition and the diverse character of the built environment of the City and shall encourage development programs and activities that are directed at infill development as well as the conservation, redevelopment and re -use of existing structures and the preservation of and re -investment in older neighborhoods. Objective F.2.1 Historically Significant Housing The City shall encourage the preservation and protection of historically signcant housing, which has been identified within The Historic, Architectural Resources Survey of the Beaches Area and shall promote the use of such housing for continued residential use. Policy F.2.1.3; The City shall encourage the rehabili tation and adaptive reuse of historically significant housing. Policy F.2.2.3: The City shall encourage individual homeowners and pri vate developers to increase private reinvestment, which shall upgrade and enhance the structural quality and aesthetic conditions of existinghousing and existing neighborhoods. Mark David Major, AICD Planning Director, Starr Sanford Design Authorized Representative of the Applicant ADDENDUM: ZONING REGULATIONS RELEVANT TO THIS VARIANCE Sec, 24-106. Residential, single-family diSUICL (a) Intent. The RS -2 zoning district is untended to apply to predominately developed areas of single-family dwellings with platted lots that are smaller than those in the RS -1 zoning district. All development of land and parcels within the RS -2 zoning district shall comply with the residential density limitations as set forth within the adopted comprehensive plan for the City of Atlantic Beach, as may be amended. (b) Permitted uses. The uses permitted within the RS -2 zoning district shall be: (1) Single-family dwellings. (2) Accessory uses (see section 24-151). (3) Government uses, buildings and facilities. (c) Uses -by -exception. Within the RS -2 zoning district, the following uses -by -exception may be permitted: (1) Churches, subject to the provisions of section 24-153 (2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Schools. (4) Home occupations, subject to the provisions of section 24-159 (d) Minimum lot area. Existing legally established lots of record may exist, which do not meet the following requirements. These lots may be developed subject to all applicable land development regulations; however, all lots created after January 1, 2002 must comply with these minimum lot size requirements in order to obtain building permits authorizing development (see section 24-188 and section 24489). The minimum size for lots within the RS -2 zoning district, which are created after the initial effective date of these land development regulations, shall be: (1) Lot or site area: Seven thousand five hundred (7,500) square feet (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. (e) Alinimum yard requirements. The minimum yard requirements within the RS -2 zoning district shall be: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. {3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side. (f) Building restrictions. Building restrictions within the RS -2 zoning district shall be: (1) Maximum impervious surface: Fifty (50) percent. (2) Maximum building height: Thirty-five (3 5) feet. Lot, corw er shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot The exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located. Nonconforming lot of record shall mean a lot of record containing less than the minimum site area, site dimensions or other site requirements of the applicable zoning district or which is not in compliance with the provisions of other currently effective land development regulations, as may be lawfully amended, but which was legally recorded and documented prior to the effective date of such land development regulations (see "Lot" and "lot of record"), Nonconformiing structure shall mean a structure or building or port ion thereof, which does not conform with the land development regulations applicable to the zoning district in which the structure is located, but which was legally established prior to the effective date of such land development regulations.