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763 Atlantic Boulevard ZVAR18-0019 Staff Report CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.E CASE NO. 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 (B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida). LOCATION 763 Atlantic Boulevard APPLICANT Handler Family Partnership, LLLP DATE November 8, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Handler Family Trust, the owner of 763 Atlantic Boulevard, located within the Commercial General (CG) zoning district. Currently, an outdoor cooler/storage structure belonging to the neighboring property (31 Royal Palms Drive) is partially located on the applicant’s property. It is unclear exactly when the structure was installed but records suggest it was originally installed over 20 years ago without a permit from the City. The location of the unpermitted structure has resulted in legal and code enforcement actions involving the City, the applicant, and the neighboring property. In an attempt to resolve the issue, the applicant is agreeing to change the northern property line so that the cooler will be entirely on the neighboring property and off of the applicant’s property. However, the existing structure located on the property will not meet the required 5 foot side yard setback or the 10 foot rear yard setback for the CG zoning district with the change in property lines, resulting in the need for a variance. 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. (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 that the improvements on the neighboring property, 31 Royal Palms Drive, were constructed prior to current land development regulations. To resolve issues relating to the property boundary, the owners have agreed to terms that would modify the boundary on the eastern end of the properties. There will be no change in the location of the existing improvements. (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 ZVAR18-0019, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing structure at B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 763 Atlantic Boulevard), 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 ZVAR18-0019, request for a variance as permitted by Section 24-64, to decrease the required rear and side yard setbacks for an existing structure at B DE Castro Y Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval County, Florida (aka 763 Atlantic Boulevard), 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 disc retion, 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.