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16 Jun 2020 CDB Agendal'"'111111111111111111111111ii 1,1 City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, June 16, 2020 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the June 02, 2020 Special Called meeting of the Community Development Board. 3. OLD BUSINESS 4. NEW BUSINESS 4.A. ZVAR20-0006 PUBLIC HEARING (Carol Girardey) Request for a variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms Drive. STAFF REPORT ZVAR20-0006 318 Roval Palms Drive (Girardev) APPLICATION ZVAR20-0006 318 Roval Palms Drive (Girardev) 4.B. ZVAR20-0009 PUBLIC HEARING (Carlton Barber) Request for a variance to increase the maximum fence height allowed in rear yards from 6 feet to 8 feet and 10 inches at 410 Skate Road. STAFF REPORT ZVAR20-0009 410 Skate Road (Barber) APPLICATION ZVAR20-0009 410 Skate Road (Barber) Page(s) 3-17 19-31 4.C. ZVAR20-0008 PUBLIC HEARING (Curaleaf, Brian Plewinski) 33 - 39 Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution at 763 Atlantic Boulevard. STAFF REPORT ZVAR20-0008 763 Atlantic Boulevard (Curaleaf) APPLICATION ZVAR20-0008 763 Atlantic Boulevard (Curaleaf) 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to Page 1 of 39 Community Development Board - 16 Jun 2020 speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. Please Note: This meeting will be videotaped. To view the meeting video, contact the City Clerk's Office at (904) 247-5810 or send a request by email to Lori Diaz at Idiaz@coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 39 Agenda Item #4.A. 16 Jun 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR20-0006 Request for a variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms Drive. LOCATION 318 Royal Palms Drive APPLICANT Carol Girardey DATE April 12, 2020 STAFF Amanda L. Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Carol Girardey, the owner of 318 Royal Patens Drive. This property is located on west side Royal Palms Dr. approximately 100 feet north of Cavalla Road within the RS -1 zoning district. The applicant is under code enforcement action for installing a nonconforming fence without a building permit. The applicant is requesting a variance for an eight (8) foot fence in the side and rear yard and a six (6) foot fence in the front yard. Per Section 24-157 (1) fences are limited to six (6) feet in the rear and side yards and four (4) feet in height in the required front yard. 8 foot fence —requires variance rzY 6 foot fence —requires variance — max. allowed 4 feet in required front yard „II .1111111111, 8 foot fence — requires variance 6 foot fence —requires variance — max. allowed 4 feet required front yard q Page 3 of 39 7 V ir NIW�I �IVYIhYR�YI'PIYI i� Ili ^pIYVI N" wi a I IV rI , ulw'N�I�V �°iud� a'�ia,dYlluV'uW�Y I'iY�M'il�Yl�ll�l I!V IInIi�yW��i ui� �����'° III)II IIy�I�Volll'II�IYJIYIIVIp�i °I� ,ol �ILIuyNJq � � I I uum u'I 114i V 'vd� IIµµ � v iV�6� iil ilii l o;,e, VI � ryl 4Y4Y ° I�,' �Ilpi N'�Ilull II �I�'%yIYI��IYiIY W'i Ifo '��I,�IhdYllylli 11 i'I , � '"i IIMI Mi YID � I"lil i�+l'P�I��VIf,I�,I�Y�����l�h I �Illwlllll!�) 11�6i� III!y�yYv'! ' � � a Iv IIIIIIiIIIIIhiii IIu�YillVwll�l �IdIIIIIIII�1uuoldIIII�IIIUY), ���ul��lf I�� M VVN I�^IVIYylAieill ,i loi ,, vl„ �Vlu��iu�u�„JI;IVi!Pllgllll .,JI,� �; Max. per code 4 feet in the required front yard. This is 6 ft. North side of property in the front yard. {pp^^II^ ihYllhGFIIIII�N� 011 dW IIIIV II p ' iAN{If��ulu91�II�VI��VIVU �UU��NI�,�� �,�� _�, Il,ul��p!1i91111i11�11�����1 iiiiiiiloi Max. per code 4 feet in the required front yard This is 6 ft. South side of property in the front yard. ANALYSIS vii6 "�W�IIIIIYdm Page 2 of 3 Agenda Item #4.A. 16 Jun 2020 Page 4 of 39 Agenda Item #4.A. 16 Jun 2020 Section 24-65 states 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 terns 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. - Section 24-65(c) 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 explains that the people behind her have their yards located with trash, gutters, ladders, rats and a leaning shed. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0006, request for a variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms Drive upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) 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 ZVAR20-0006, request for a variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms Drive upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 5 of 39 Page 6 of 39 o,�r�eo;:wsii, VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME PROPERTY LOCATION RE# a '1Z fir.. BLOCK #l5„ LOT/PARCEL SIZE S 4,1-1,A, A ZONING CODE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION 0' Agenda Item #4.A. 16 Jun 2020 FOR INTERNAL OFFICE USE ONLY FILE # Z ‘,4 EMAIL(A."A,\rk y i,-, , `.h c..`) w. c c.)•r.,s CITY/ -1.4 '' �� STATE __, ZIP CODE 3; PHONE #4r 1"�' " •-4; LOT # UTILITY PROVIDER PROVISION FROM WHICH VARIANCE I5 REQUESTED � �,,� i ;,..4i.r\l,¢...„,,r! Homeowner's Association or Architectural Review Committee approval required for the proposed construction E]"v,.... YES NO (if yes, this must be submitted with any application for a Building Permit) 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. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not laraer than 11x17 inches are submitted, Plea se 'provide eiaht (81 conies of any such documents. 5. Application fee of $300.00. HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent �.sd�;.��m„L��,.•�•'", ,l ,,._.r.. „. ,7 i SIGNATURE OF APPLICANT 6 PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) Signed and sworn before me on this Identification verified: Oath Sworn: ❑ Yes 19 VARIANCE APPLICATION 0/.08.201 PRINT OR TYPE NAME day of h 6„„'e.., . t.:f "..,ta:'' : by State of ai{Y?ys, TONI GINOLESPERGER MY COMMISSION # GG 353178 EXPIRES: October 6, 2023 sondedThruNotary Public Underwriters otary Signature y Commission expires D DATE County of,,,., Page 7 of 39 Agenda Item #4.A. 16 Jun 2020 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. 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 or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance 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. b. Approval of Lesser Variances. 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. c. Nearby Nonconformity. Noncon(,orming characteristics of nearhy Lands, Structures or Buildings shall not he grounds for approval of a Variance. d. 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. e. 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 time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. 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. 19 VARIANCE APPLICATION 07.08.2019 Page 8 of 39 . _ ADDITIONAL COMMENTS: - Agenda Item #4.A. 16 Jun 2020 (.. \A'o cAr" 19 VARIANCE APPLICATION 07.08.2019 \c; \Th Page 9 of 39 FIELD WORK DATE: 10/2B/2014 REVISION DATE{S): iFol2SP2:1,P4 P. FL1410.2386 BOUNDARY SURVEY DUVAL COUNTY 1 I hereby ce described and to th and accu standard Professio the Florida Zistj 0Cr-- — 0' NOTES: LOT AFFEMF5 TO 5e 'NF o FENCE O5NER5t1IF isZT Edtittiitlss.';ELL" — 0 N EX 56 OUPINZ yotthehereon ell9hasNg madfu my direction, 9411(kno ecige and b I" f, it Ls a true ty„Of a sum t t meets the li the F a Board of appers in pier 5J-17 of kgb341e. 05 Off 3' 13(M) 9 93. 00 01 14 az E N 32°43 o9 Agenda Item #4.A. 16 Jun 2020 09 1 7- Wesley B. Haas state of Florida Professional Surmyarand Mapper License No.3708 • Z.1.8 zre ss 5622:,4530',515. Ww .32' OA 30 LOT B LlS„ Z5 20 0 VtI 0 GRAPh,SC. SCAlf_ I titch =30 Use of Thls Survey for PurpoasOt0ef than intendeci„iliithesortiraten Verification, vi3i boa the Use's Szp-o Pool'. otth fletesOsPr-OhJetst 0 0o'So.,P0007,, Nothlog hoseiso &oaf loos CorAoueel to Give ANY Begot or 3. eneftes oo Arocoe-Othes ?Nolo Oristete CoreeSepti ONVOMMoiretetiMpuelpotievitisleitaitieseeSstiteen011itteleiVielitueitelsOleis34;5Ngiettypoitfteleiestereteleeettflellfeep is,. g7401.21101WOfffhPNO0,7SNOONVO.N.POORP;0030110,2040,n1fifprOtOOOM LOOD INFORMATION. BY PERFORMING A SEARCH MTH THE LOC4L ,EOVER,,,',ONG hilliNICIPALIIY OP. WINV.FPM.AEY.' THE PROPER -re APPE4RS --C BE , LOCATED EN ZONE X. THIS PROPEPT''',MAS Fc....ND ';,N 774E" Clm' OF A71ANTIC BEAC'H, COLI!it,l',;;41-v '1",v",..4v;EF.F,123:"1,'E. Catt.1,77N,VMSt,Rr..-.17_ , k. BUYER: CARra. 1","A,4,,PCre r Melealleaseetratepeu, T9 T390 een Rosskopf A ',WO ZOIOAAVOIMA AOYSAN, Page 10 of 39 GIRARDEY CAROL 318 ROYAL PALMS DR ATLANTIC BEACH, FL 32233 Agenda Item #4.A. 16 Jun 2020 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 3/6/2020 Real Estate Number: 171706 0000 Case Number: 19-255 Location of Violation: 318 ROYAL PALMS DR, 31-16 38 -2S -29E, R/P OF PT OF ROYAL PALMS UNIT 2 A, LOT 14 BLK 25 Atlantic Bcach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 318 ROYAL PALMS DR was conducted on 3/6/2020. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed out of materials that are customarily used for fences. VIOLATION CODE: Chapter 24 Fences, walls and similar structures. Sec. 24-157 Fences, walls and similar structures. (b) Height and location. (1) Within required front yards, the maximum height of any fence shall be four (4) feet, except that open ornamental aluminum, iron or vinyl or wood fences, with vertical rails no more than two (2) inches in width and spacing of at least four (4) inches may be constructed to a maximum height of five (5) feet except in cases as described in the following subsection ii. Within required side or rear yards, the maximum height of any fence shall be six (6) feet. NATURE OF VIOLATION: A stop work order was posted on your property on 12/2/2019 for installation of an 8 foot fence without a permit. During your telephone response on 12/3/2019 you indicated that you were out of town and would submit an application and request a variance for the 8ft height when you returned in February. To date, we have not received any applications. Page 11. of 39 Agenda Item #4.A. 16 Jun 2020 This letter requests that the noted violation(s) be corrected by submitting a fence permit application and requesting variance from the Community Development Board within ten (10) days of the receipt of this notice. As an option, you may also obtain a valid fence permit and reduce the fence height to 6 feet once approved. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement/at (904) 247-5855 if you have any questions or need additional information. I, l r) C?�-l! It i . LQ 17(11(( °- ( , hereby swear and affirm that the above statement is true and accur< S>n erely, Angela Iriz"afry CC)DE ENFORCEMENT Page 12 of 39 IIOU IVIZtll - AIN v JuMcl..) 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I'V Iluhll9 I i udflll11� IIYYIIYi i ,. I i I II uwu I I � �ll''d I I li I I I uuuull II uuu II (11111 111,,,1111 Illiii ill �i� III, � It�ilV l I ,m � �; �h" I 1 III I 11. ��IIII �uv;r "I 11111 11 Nlo�l11llol IN u i jpiA��l°IMM Pritl� �� Y Ali i ii II IIIIIN��� I^I�� � �IiNm ��illllll�hl nniMi. IlV111111uuuu' 'r�dV! Luhl!' IVo".I vl ti��u141��d{I� 11111111111111111111 III II.1111"11re u Ill I' III III illlll o ^m I � I li �full�l�l ��tlY j6 e��Is�w�VII�PuI° Ilii "�s.'o� �II�I`d�l,ui I a.. �IIY111t111T111 ,Ii,111111f11,11111,1111,111111111}111111 1111 4� �p�,..�.,„����pp����..��m����IIIIIIII �"�a S�III Ib9�Cft94�N11yfUAV911uluu.��, o„. 01111 ,ll 000010011,0 o ii eiflrnn f.c1 1 Page 17 of 39 Page 18 of 39 Agenda Item #4.B. 16 Jun 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR20-0009 Request for a variance to increase the maxinnuni fence height allowed in rear yards from 6 feet to 8 feet and 10 inches at 410 Skate Road. LOCATION 410 Skate Road APPLICANT Carlton Barber DATE June 4, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS The applicant is Carlton Barber, the owner of 410 Skate Road. This property is located on the west side of Skate Road and backs up to Hopkins Creek. Hopkins Creek lies within a 60 foot wide drainage right- of-way that is owned and maintained by the city. The applicant is requesting to add 34 inches of height to the existing 6 foot fence along the rear property line. This would result in a fence that is 8 feet and 10 inches tall. Per Section 24-157, fences are limited to six (6) feet in height in the rear yards. The applicant has expressed that the intent of this request is to provide privacy from people who walk along Hopkins Creek as well as those living on the other side of the Creek. ' 1111111111111111111111gp uuum;o4'4 IHopkfunls Creel IIMIOI'Y'IIYiYIYIYIYIYIYIY 1111,'''' uuuuuuu°°°°° 99999999/o l q l IIIIIIIIIIIIIIIIIIIIII 111 'liiiii11iiii111.11ll'1 IIIIIIIIIIIIIIIIIIIIIIIII oliiiiiiiiiiiiiiioom molooloo loo 11111 uuuuuuuuuuuuull� o uuuuuuu444444lllpul uuuuuuuuuul0000mu 111111111111111111141 IIIIIIIIIIIIIIIIIIIIIIII1OO I uouuuuu „,„ uuuuuuuuuiiiuuuo m�9999999999�Ns 11111 m0111111 11111111Vuuuum6 1111111111111111111111111111 iiiiiiiiiiiiiiiiiiii 119u p,11l I owt000nly Roo flu ff I d sy::::" w a MY1 iP u„ 'I Proposed: W-10" tall ,a �. ()4.W fence O o c; i tor. Idol 1„. Yrytl 'ryl ., oh" • Page 19 of 39 ;10010 011,0 p, '11111'11'111'1111'111'1)11 00100101011010100 00. p INk �,. 111001sR,vreM� Rd lr I 0000II 000000000001000101110 �%G/l%%✓�%11(G III,IIn'nsrlYM' l°tl IlIuIII"uNuVuMuIIuuuuuIuduu,,1.1001,11„1„1„,11,111 ulullulllul�lullullullulluVl 11„ I 11111111111 IIM"00000000000000000000000000000000000000000000000000000000 II 0 000,1nw ^ 1 ^IV" i....t Agenda Item #4.B. 16 Jun 2020 auu IQI l1tltl 101001010010101010000111.11000010000 .911V111111 '111 d11MuMMIM'MIV11 „40,010r0010110,14m� 0100001001'11111Mlol`�� II,oloolliii,11,11,11,,I,v,C),111,111,11111,11111111111, 01111000000000,01010011011101 01,110100000,10 1000,0000, IRI it J5KA �E, 01 01111111110I 9i 4urvpuuuu 000000000110 10100 1100 ,(10001 011111100 0'1111M NEI 00011000001,1 'MM � o RJ%r111111110001111110111010100100111110101 000011001100000 01001111111111001100110000000000000000000000000000000000000000 0000001111111111111111111111111100011010111111111111111111000 111111111 0000040004i00010 0f.Ii 0,0„00 00 r 'I010 „..00000 00 i I MM nMMVMMVMMe 011101 II101111u� ,C 3 til 111111111111111111111 11111111111111111111111111 1111111111111111111111111111111 I111111111111111111111111111111111111 011111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111111111111'111111, 00I11110101111111111111111111110101010101010101010101010101010101010101l1111111111000,05oum, MIiV 0IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ANALYSIS 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111110 MYfi u. "IIIIIP I uiiiiiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuul0 Section 24-65 states 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 terns 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. - Page 2 of 3 • Page 20 of 39 Agenda Item #4.B. 16 Jun 2020 Section 24-65(c) 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 explains that the existing fence is along the drainage canal and adding height to the fence would make them feel more comfortable with the added privacy from the many people that walk along the canal as well as those across the canal that have views of their family and backyard. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0009, request for a variance increase the maximum fence height allowed in rear yards from 6 feet to 8 feet and 10 inches at 410 Skate Road upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) 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 ZVAR20-0009, request for a variance to increase the maximum fence height allowed in rear yards from 6 feet to 8 feet and 10 inhces at 410 Skate Road upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 21 of 39 Page 22 of 39 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME..1('m, ray a,. � m ADDRESS �' :,� r ObC.p, A. PROPERTY LOCATION if r 6 15((.l,. �i, w( ((1(� i;� A:)() ` PHONE # %�,� d CITY Agenda Item #4.B. 16 Jun 2020 FOR INTERNAL OFFICE USE ONLY FILE #ZIPtR20 0061 �. !� /. EMAIL !' (fir i 1 �" //1;STATE f ;.i 4 rp r ZIP CODE CELL# ; di" t ..„? I RE# 1 '1l f;7 / i.. l.,l () (' BLOCK # /r 'f LOT # LOT/PARCEL SIZE ( ' / c r) ZONING CODE UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION A/ii/ PROVISION FROM WHICH VARIANCE IS REQUESTED ar r,'I r,"I ;r PI I"ry i1 } l P '> ' )`; O) ff Homeowner's Association or Architectural Review Corilmittee approval required for the proposed construe ion [] YES E' NO (if yes, this must be submitted with any application for a Building Permit) 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. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that are not laraer than 11x17 inches are submitted. please provide eight (8) copies of any such documents. 5. Application fee of $300.00. TALL RME1TlPR4VlQSCO/RRto : SignyntF (`fl`f// ECT SIGNATURE OF APPLICANT (2) Signed and sworn b fore me on this Identification verifie : " 1)1` Oath Sworn: Yes ❑ NO r •� 19 VARIANCE APPLICATION 07.08.2019 PRINT OR TYPE NAME'`" PRINT OR TYPE NAME day of I1i/tl'r' HELBERT E. INGRAM Nobry Public, State of Florida My Comm. Expires August 15, 2020 Commission No. GG 21379 of Property Owner(s) or Authorized Agent DATE 2-Q.ZC) by State of r%,trid et, County of 1)1141 of Notary Signature / My Commission expires Page 23 of 39 Agenda Item #4.B. 16 Jun 2020 1 (V\ �t \<< c\ 1_)) (' (,C \\ (N, , )a.ts,) 'i 111 rU _1414e, V -C) The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. E 1. Exceptional topographic conditions of or near the property. Ef 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. 4 i ) F" ,„/ a P o1r ! r„o'r ; P ® 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. rv' r ) ® 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 or Record warranting a Variance in order to provide for the reasonable use of the property. a, Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance 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. b. Approval of Lesser Variances. 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. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. 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. e. 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 time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. 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. 19 VARIANCE APPLICATION 07.08.2019 Page 24 of 39 ADDITIONAL COMMENTS: 'w ;t, fN Agenda Item #4.B. 16 Jun 2020 ' q�I a/1 11, 19 VARIANCE APPLICATION 07.08.2019 ,T4 f" d Page 25 of 39 1 /1/ Agenda Item #4.B. 16 Jun 2020 oi /2 Page 26 of 39 LEGAL DESCRIPTION AND CERTIFICATION LOT 14, BLOCK 19, REPLAT OF PART OF ROYAL PALMS UNIT TWO -A, AS PER PLAT THEREOF, RECORDED IN PLAT 8001<31, PAGES 16, 16A THROUGH 16D, OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. Community Number: 120075 Panel: 12031C0408 Suffix: H F.LR.M. Date: 6/3/2013 Flood Zone: AE Field Work: 11/6/2017 Certified To.' CARLTON HARRIS BARBER; SUNSHINE TITLE, LLC.; ; Property Address: 410 SKATE ROAD ATLANTIC, FL 32233 Survey Number: 307326 Client File Number: STC #111494 AE. NC B.M. B.R. (0) CH (D) D.E. D.H. DAN E.O.W. F.C.M. ABBREVIATION DESCRIPTION: ANCHOR EASEMENT AIR CONDITIONER BENCH MARK BEARING REFERENCE CALCULATED CENTRAL 1 DELTA ANGLE CHORD DEED / DESCRIPTION DRAINAGE EASEMENT DRILLHOLE DRIVEWAY EDGE OF WATER FOUND CONCRETE MONUMENT GENERAL NOTES: F.F. EL. FINISH FLOOR ELEVATION F.I.P. FOUND IRON PIPE FOUND IRON ROD FOUND PARKER-KALON NAIL LENGTH LIMITED ACCESS EASEMENT LAKE MAINTENANCE EASEMENT MEASURED 1 FIELD VERIFIED MANHOLE NAIL 8 DISK NOT RADIAL NOT TO SCALE OVERHEAD UTILITY LINES F.I.R. F.P.K. (L) L.A.E. L.M.E. i:/111NMN&D N.R. N.T.S. O.H.L. 0.R.8. (P) P.B. P.C. P.C.C. P.0.8. P.O.C. P.R.C. P.T. RNV (R) S.I.R. T.O.B. 4E. OFFICIAL RECORDS BOOK PIAT PLAT B00K POINT OF CURVATURE POINT OF COMPOUND CURVE POINT OF BEGINNING POINT OF COMMENCEMENT POINT OF REVERSE CURVE POINT OF TANGENCY RIGHT-OF-WAY RADIAL/ RADIUS SET IRON ROD TOP OF BANK UTILITY EASEMENT PAGE 1 OF 2 PAGES (NOT COMPLETE WI MOO r PACE 2) 1) LEGAL DESCRIPTION PROVIDED BY OTHERS 2) THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED ENCUMBRANCES NOT $HOWN 014 THE PLAT. 3) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. 4) WALL TIES ARE TO THE FACE OF THE WALL AND ARE NOT TO BE USED TO RECONSTRUCT BOUNDARY LINES. 5 ONLY VISIBLE ENCROACHMENTS LOCATED. 6 DIMENSIONS SHOWN ARE PLAI AND MEASURED UNLESS 0IHERWISL SHOWN. 7 FENCE OWNERSHIP 1401 DETERMINED. 8 ELEVATIONS INDICA ED HEREON ARE 91 FEET AND DECIMALS REFRENCED TO 9.0.5.0. 1929 9 IN SOME INSTANCES, GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE RELAI IONSHIPS BETWEEN PI1751071. IMPROVEMEN IS AND/OR LOT LINES. IN ALL CASES, DIMENSIONS SHALL CONTROL THE LOCATION OF THE IMPROVEMENTS OVER SCALED POSITIONS. SYMBOL DESCRIPTIONS: h� = CATCH BASIN = CENTERLINE ROAD ( = COVERED AREA Agenda Item #4.B. 16 Jun 2020 = MISC. FENCE PA PROPERTY CORNER dun = UTILITY BOX }XXX = EXISTING ELEVATION QI" = UTILITY POLE = HYDRANT ED"' = WATER METER C = MANHOLE = WELL = METAL FENCE = WOOD FENCE 1.A. SURVEYING, C LB #7093 SERVING FLORIDA 6250 N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE (561)6444000 5 IA I EWIDE PHONE (000)226.4807 STATEWIDE FACSIMILE (800)741.05%6 WEBSITE: htlp:r/targetsurveying.net w =w=w, Mum,MMM., nw,w,AMMxi,..=ww.wrv-..aumwwvwmma.:°.,EINUMMNIMMIuMmwmo MOMMINVOMIOIM,remMns,MwMMINOMMrvsM ,.s r,4www..mMuwmnmuw.uuwmurmmm a IMIW Page 27 of 39 --c4c1PagE •mtrisiterst ttakrb 18190 701 20172643% < Seafat Resof tecord Date: ukType Tack / Page: nEtnntient umber: 11116;2:317 OR - Official Recc-rds- 181H,./7Cri art 72t43-9-5 Lumber Of )Typ. DEED - DEED E2Zr/ter: ARCHIPELAGO IMMOBiLiENIIC Eirmtee: BARBER ANDREA. ETAL . . B4REER HARRIS 1-7. FAL .S37, Cal n: Tiselluraber on: f../4 AUX Nci.e.g.a is / 'arc 14 B REPLAT /DF PART OF O.,YAL PALMS tJ A A 14 B 19 REPLAT Of ?ART OF ROYAL PALMS U 2. 0.1.2MMONISESIMINOME ED 00 ri) 00 —h LO UJ + -7/atiC. 7r-rerr. 1396, OR 8 18190 P 701, ar Pages.: 1, 6/2017 12 :01. PH, RC20,1IE ressELL CLERK CIR.-311' C - I VWkL C .00 DEED DOC ST $1659.00 Ppbaod Item4nrq tot.rc-xvgaticy; 0_ $61 / 04d Kiev -A Rd/m1 51.1,A13. SoAt grir .1....L.Jrfofav, n/1711: ,417.I7 715,57-110410 iKor SI A IE t kgida 'ECIA.I.,1,,VARRAN1Y DED t1 RETmec flerjrh LdfA*-4,Liavimr, C-,//14Nsr/Y. mati/d/ f'S-f akA.:,cool.rk Frviitia ozAlw Rif,/ rk/ CtL":1'M I7ift*Fr,4 M,143 /lad rm.* co,A, Fioarfla Qf thtr uvo=rsi yor,„ rg. J TN ES SET 14; krrr.r-ws4orezko firm vITUN AND LT,Dr 301 DOW AKS ULM) rOhr: .4"`AWE:-.4., dm -A 114,e+, 514-- XtOXV, T'Cr1:1=, tc 4.Klock 19, R 1154 T%-64.0 A, :xi rxr ptrzrt tirckeof, ic Mai Book 3 I 6.A. throokgb 1 t5:11., oreh42-P:Sc Fbzcalck uuvai Sth attli :Era&„1.1-44-k.,_=, And HAN1:- AND To inu) the if.ffvor AN/ /11. pflA c.^4.11:&&=dw/. toM,kf mde,- %zit! wriykao tkok,1 kith 1 -re Z-Mipk- esos 11,1.111 s,dr.rld ba:frIal henh,...,./ //a) yem-Entk6.a. ad Ux,e,rJ siett ,valt .ermixt'4 '6* ft -14W rp,..-ty of= tarst u=„1-1Nis5 !.k.o A/My 35.1...Vd.."4., Adild L/QfA.,tx.--2/4.ff r.kAad hz-drdn No.-off/54f ;ML -1 ddkr-z.t..A1 A7,1..Ve.VA trufAtIt-d—f LC a MI6& LLMt of, -:J -..-id.tmaluw...: Ma- *dr - Withco:/-fA.--/rAotgc Prix 00 (D 3 EL Cri — ffp 1:t 0 4=6 NJ 03' 0 . Agenda Item #4.B. 16 Jun 2020 Recorded 11/16/2017 12:01 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DWAL COUNTY RECORDING $10.00 DEED DOC ST $1659.00 Prepared by and Return to: Sunshine Title Corporation D. Gonzales 8613 Old Kings Road South. Suite 100 Jacksonville, Florida 32217 Our File Number: S'I'C #1 11494 171557-0000 S3'AI,E OF Florida COUNTY OF Duval For official use by Clerk's office only SPECIAL WARRANTY DEED THIS INDENTURE, made this November 7, 2017, between Archipelago Immobilien, LLC, a Florida Limited Liability Company, whose mailing address is: 1140 20th Street North, Jacksonville Beach, Florida 32250, party of the first part, and Carlton Harris Barber and Andrea Barber, husband and wife whose mailing address is: 12628 Shady Creek Court, Jacksonville, Florida 32223, party/parties of the second part, WITNESSETH: First party, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain. sell, aliens, remises, releases, conveys and confirms unto second party/parties, his/her/their heirs and assigns, the following described property, towit: Lot 14, Block 19, Replat of Part of Royal Palms lJnit Two A, as per plat thereof, recorded in Plat Book 31, Page(s) 16, 16A through 16D, of the Public Records of Duval County, Florida, Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable coning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any. TOGETI1ER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO I-IAVE AND 1'O FIOLD the same in fee simple forever. AND the party oI'the first part hereby covenants with said party of the second part, that it is lawfully seized of said land in fee sintl:,Ie: that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part. IN WITNESS WHEREOF, first party has signed and sealed these present the date set forth on November 7, 2017. Signed, sealed and delivered in the presence of: Company Archipelago Immobilien, LLC, a Florida Limited Liability Wit ss signature Print witne Witness signature Print witness name By: Print i die: Bre Title: Manager r :acher State of County of r THE FOREGOING INSTRUMENT was acknowledged before me this November .. "2.017 by Brent Starzacher, Manager of Archipelago Immobilien, LLC, a Florida Limited Liability Company who is personally known to me or who has produced IUscrinput as to identifications t 1 I' tion, Notary Public Co e" '^-'' r2-1*'P1^p STEL-I-EN-1344EN NER. Dt Irl) special Warranty Deed - Ct inMUSTER, SOLICITOR !'Iti¢crc' (:h ic:. 1,6 e,,.a„o„ Ctranr _ }i1/11 ("Amu/all (1tJ K t't-I 1I -t 1 Page 29 of 39 Agenda Item #4.B. 16 Jun 2020 Recorded 11/16/2017 12:01 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $10.00 DEED DOC ST $1659.00 Prepared by and Return to: Sunshine Title Corporation D. Gonzales 8613 Old Kings Road South, Suite 100 Jacksonville, Horida 32217 Our File Number: SIC 0111494 171557-0000 STATE OF Florida COUNTY OF Duval For official use by Clerk's office only SPECIAL WARRANTY DEED THIS INDENTURE, made this November 7, 2017, between Archipelago Hnmobilien, LLC, a Florida Limited Liability Company, whose mailing address is: 1140 20th Street North, Jacksonville Beach, Florida 32250, party of the first part, and Carlton Harris Barber and Andrea Barber, husband and wife whose mailing address is: 12628 Shady Creek Court, Jacksonville, Florida 3222.3, party/parties of the second part, WITNESSETH: First party, for and in consideration of the sum of TEN AND NO/100 DO1,1,ARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grana, bargain, sell, aliens, remises, releases, conveys and confirms unto second party/parties, his/her/their heirs and assigns, the following described property, towit: Lot 14, Block, 19, Replat of Part of Royal Palms Unit Two A, as per plat thereof, recorded in Plat Book 31, Page(s) 16, 16A through I 6D, of the Public Records of Duval County, Florida, Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any. 'TOGE'I'I11iR with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND To I.IOLD the same in fee simple forever. AND the party of the first part hereby covenants with said party of the second part, that it is lawfully seized of said land in fee simple: that it has good right and lawful authority to sell and convey said and: that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part. IN WITNESS WHEREOF, first party has signed and sealed these present the date set forth on November 7, 2017. Signed, sealed and delivered Archipelago Immobilien, LLC, a Florida Limited Liability in the presence of: Company Wit ss signature Print witne Witness signature Print witness name By: Print i tic: 13 Title: Manager cher State of County of . THE FOREGOING INSTRUMENT was acknowledged before me this November —2017 by Brent Starzacher, Manager of Archipelago tmmohilien, LLC, a Florida Limited Liability Company who is personally known to me or who has produced [Uscrinput as to identification.' l t ,tion. NotaryPublic Cot,, w.ss: �� vS — STP EN--B,--RJ NNER DEJ0) - Special Warranty Deed - C',[ kO¢,ISTER, SOLICITOR C'lo rs(lm::c cf.o.,t_iitn9 f'nrn.,11IITI KhHH1 Page 30 of 39 r BOUNDARY SURVEY FOUND 1/2" 1,0T 15 IRON ROD BLOCK f 9 NO I.D. 1 43' 58 93.00' 1 FOUND 1/2" ; N-82° „E _3o.c14` IRON ROD ! ....,.._, —� 1 NO I.D. \ 1 0.5' 1.5' 0.5NW I ..,...... FENCE wI._ W .1•11 k 24.7'—'= O 0.7' 23.9' •J 151 Z o LOT 14 m-1 _6 orOCI< in P. oOn m o—__I N w o 0 0 �o y.„.in Z z-2 -1161 nt 0 m 1 40.2' 11.6 24.7' 7.3'6.CAR - . , C©NCRETE` 0 4.2' 8 pQRT •I-, •'DRIVg.. w 9.2 1, LA -P (5 N) co 0) CP 0.5' 1.8' FENCE / SET 5/8" IRON ROD LB #7893 5.82°43'58"W. SURVEY EY NOTES -CONCRETE-DRIVE CROSSING PROPERTY 1 ;NE ON EASTERLY SIDE OF LOT. -BUILDING CROSSING OVER !;IIE PLA ?TED fsilial,NG SETBACK LINE ON EAST S'DE OF LOr -THERE ARE FENCES NEAR THE BOUNDARY OF nit': PROPERTY. •� v.P i � No0415 f -' (SIGNED) STATE OF O R ➢ P oa 0.1'93.00' FOUND 1/2" IRON ROD NO ID. (- SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY ISA TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. NOT VALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTI ,ENTICATED ELECTRONIC SEAL. 0H A RAISED EMBOSSED SEAL AND SIGNATURE. . Kenneth J, Digitally signed by Kenneth J. Osborne Date: 2017.11.07 Osborne 12:21:37 -05'00' KENNETH J OSBORNE PROFESSIONAL SURVEYOR AND MAPPER 36415 BLOCK CORNER N'h'APA14'L1T9C\'I H1),69-t�; I1 Agenda Item #4.B. 16 Jun 2020 I;rw TARGET S VE G, LLC LB #7893 SERVING FLORIDA 6250 N. MILITARY TRAIL, SUITE 102 WEST PAI M REACH, FL 33407 PHONE (561)640-4800 STATEWIDE PHONE (800) 226-4807 STATEWIDE FACSIMILE (800) 741-0576 WEBSITE: htlp:/llargelsurveying.nel J Page 31. of 39 Page 32 of 39 AGENDA ITEM CASE NO. LOCATION APPLICANT DATE STAFF Agenda Item #4.C. 16 Jun 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.0 ZVAR20-0008 Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution 763 Atlantic Boulevard Brian Plewinski May 29, 2020 Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Brian Plewinski, the agent of record for 763 Atlantic Blvd. This property is located on the northeast corner of Atlantic Blvd. and Royal Patens Dr., within the Commercial General (CG) zoning district. The existing building has been recently remodeled and the applicant is requesting a variance to 24-169 to waive the distance requirement between this property and a religious institution for a medical marijuana treatment center dispensing facility. Per section 24-17 of the Land Development Regulations a medical marijuana treatment center dispensing facility "means a facility licenses and operated for the purpose of dispensing medical marijuana, in accordance with F.S. 381.986, and all other applicable local and state rules, regulations and statutes. - This land use is a permitted use in the CG zoning district subject to the requirements of section 24-169. The city determined that medical marijuana treatment centers and dispensing facilities are best suited to particular zoning categories and formulated regulations that govern the use of real property. Section 24-169 prohibits these uses within five hundred (500) feet of another pharmacy, schools and religious institutions. 91�IMlii IIIIIII%;' u, nui Vineyard Church II .719 11111111111111111111 1110111 Ulla jV��t • Page 33 of 39 This property is immediately adjacent to a property with a religious institution (Beaches Vineyard Church). They share the same property line therefore, an application for a variance has been submitted. From the eastern most edge of the building located at 763 Atlantic Blvd to the front door of the Beaches Vineyard Church is approximately 410 feet. ANALYSIS Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that �u ��a 410 It framed e II �ID � thea application is consistent with the b q of bVdg Ili ��ami�m �i front door definition of a variance and consistent �F with the provisions of this section. Al•l�l /IiMil../e401//111/d��l ��IIIiMN:.crib //f�/i /��iiifiiiif�/[ / «/P?/4I..41( 0/B /rt. According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain teens 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 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. - dl Agenda Item #4.C. 16 Jun 2020 IN h 11111 'Illtoo 10 1 Ilh 0.1 I00001101110010011400000� 101 Section 24-65(c) 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 Beaches Vineyard Church as no objections. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that the Beaches Vineyard Church as no objections. (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. The applicant also indicated that the "variance request does not have any materially adverse impact upon any 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.' REQUIRED ACTION Page 2 of 3 Page 34 of 39 Agenda Item #4.C. 16 Jun 2020 The Community Development Board may consider a motion to approve ZVAR20-0008, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) 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 ZVAR20-0008, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 35 of 39 Page 36 of 39 Agenda Item #4.C. 16 Jun 2020 VARIANCE APPLICATION FOR INTERNAL OFFICE USE ONLY City of Atlantic Beach FILE# 1, Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Brian Plewinski ADDRESS 4101 Ravenswood Road # 201 PROPERTY LOCATION 763 Atlantic Blvd RE# 177653-0005 EMAIL brian@ezpermitsinc.com CITY Fort Lauderdale STATE FL ZIP CODE 33312 PHONE # 954.583.9990 CELL # 786.200.2807 BLOCK # LOT # LOT/PARCEL SIZE 21479 ZONING CODE CG Commercial General UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Commercial (CM) PROVISION FROM WHICH VARIANCE IS REQUESTED Sec. 24-169 distance from religious institution : Beaches Vineyard Church. Please see attached No Objections Letter from Beaches Vineyard Church. Homeowner's Association or Architectural Review Committee approval required for the proposed construction YES NO (if yes, this must be submitted with any application for a Building Permit) 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. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner. provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original plans, photographs or documents that. are not larger than 11x17 inches are submitted. please provide eight (8) copies of anv such documents. 5. Application fee of $300.00. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SFGNATURE OF APPLICANT BRIAN PLEWINSKI PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this ±t- day of h1:312 -j1 pc,se Identification verified: Oath Sworn: gYes L No DOMINIK SWABY otary Signature MY COMMISSION r 005, I.XPIRES: December201'0 04.07.2020 DATE DATE by State of County of 572.-CvsJAY'2,10 19 VARIANCE APPLICATION 07.08.2019 4Vly CO Mi SS ion expires Page 37 of 39 Agenda Item #4.C. 16 Jun 2020 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. fl 1. Exceptional topographic conditions of or near the property. X❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. Beaches Vineyard Church is located within 500 feet from the subject property. Please see attached No Objections Letter from Beaches Vineyard Church. X❑ 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Beaches Vineyard Church is located within 500 feet from the subject property. Please see attached No Objections Letter from Beaches Vineyard Church. 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. L 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance 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. b. Approval of Lesser Variances. 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. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. 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. e. 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 time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. 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. 19 VARIANCE APPLICATION 07.08.2019 Page 38 of 39 ADDITIONAL COMMENTS: This variance request does not have any materially adverse impact upon any 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. 19 VARIANCE APPLICATION 07.08.2019 Agenda Item #4.C. 16 Jun 2020 Page 39 of 39