763 Atlantic Boulevard ZVAR18-0019 PresentationRequest for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing cooler at 31 Royal Palms Drive.
ZVAR18-0017 & ZVAR18-0019
Request for a variance as permitted by Section 24-64, to decrease the required rear yard and side yard setbacks for an existing structure at 763 Atlantic Boulevard.
1
Site Context and Detail
Neighboring Properties
Commercial General (CG) Zoning
Commercial Future Land Use.
31 Royal Palms Drive
763 Atlantic Boulevard
2
Site Context and Detail
Building at 31 Royal Palms Dr built in 1966
Building at 763 Atlantic Blvd built in 1982
Both built before current regulations
Both buildings non-conforming with respect to current side and rear yard setback requirements
763 Atlantic Blvd
31 Royal Palms Dr
3
Site Context and Detail
Roughly 11’ alley between two buildings
Existing cooler built years ago in alley
Cooler was originally installed partially on both properties (roughly 4’ over southern property line)
Existing Cooler
Existing Cooler
4
Proposed Plan
Both property owners have agreed to modify the shared property line so that the existing cooler is entirely on the northern property (31 Royal Palms Dr)
Cooler
Existing Building (763 Atlantic Blvd)
Existing Building
(31 Royal Palms Drive)
Current Property Line
New Property Line
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Need for a Variance
With the change in the property line,
The existing cooler at 31 Royal Palms Drive will not meet the minimum required 5 foot (15 feet combined) side yard setback or the required 10 foot rear yard setback within the CG Zoning
District.
The existing building at 763 Atlantic Boulevard will not meet the minimum required 5 foot (15 feet combined) side yard setback setback within the CG Zoning District.
6
Analysis and Concerns
The variances would make the cooler at 31 Royal Palms Dr as well as the building at 763 Atlantic Blvd conforming in respect to required rear & side yard setbacks.
Legal and code enforcement actions have led to the applicants seeking these variances.
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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, protected trees or other significant environmental resources.
The general health, welfare or beauty of the community.
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