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574 Nautical Boulevard ZVAR19-0002 Staff Report CDBCITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR19-0002 Request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray). LOCATION 574 N Nautical Boulevard APPLICANT Gregory Carr DATE February 11, 2019 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Gregory Carr, the owner of 574 N Nautical Boulevard. The property is zoned residential, single-family (RS-2) and includes a single family home built in 1976. The home has a concrete patio in the backyard where the applicant uses his grill and smoker. The applicant is proposing to install posts and a roof over this concrete pad to provide shelter from the rain. The proposed covered patio would extend 10 feet from the back of the house, resulting in the porch being located 13 feet from the rear lot line. The required rear yard setback is 20 feet. Section 24-83(b) allows open porches to project up to 4 feet into required rear yard setbacks, meaning the open porch could be located 16 feet from the rear lot line. The proposed porch would project 7 feet into the required rear setback, 3 feet beyond the allowed projection for porches. 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. The applicant stated that the developer built the house further back on his lot than any other house on his street. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that his house is setback so far on the lot that it does not leave as much room to build a patio cover as his neighbors have. (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. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR19-0002, request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray), 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 ZVAR19-0002, request for a variance as permitted by Section 24-64, to increase the maximum structural projection permitted into required rear yards from 4 feet to 7 feet to allow an open porch in the rear yard of 574 N. Nautical Boulevard (Lot 4 Block 3 Seaspray). 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 discretion, 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.