730 Plaza ZVAR19-0013 Staff ReportCITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A.
CASE NO. ZVAR19-0013
Request for a variance as permitted by Section 24-65, to reduce the side yard
setback from 7.5 feet to 5 feet within the Residential, Single Family (RS-1)
zoning district at 730 Plaza (Lot 17, Block 8, Royal Palms Unit 2) in order to
build an addition to the east side of the house.
LOCATION 730 Plaza
APPLICANT Rachel Martin
DATE October 1, 2019
STAFF Amanda L. Askew, AICP; Principal Planner
STAFF COMMENTS
The applicant, Rachel Martin, is the
new owner of 730 Plaza. The
property is located on the south side
of Plaza mid-block between Royal
Palms Dr. and Sailfish Drive. It is
zoned residential, single-family (RS-
1) has a designation as residential low
(RL) on the Future Land Use Map
and includes a single family home.
The applicant applied for a building
permit to construct an addition which
will look like a garage from the front
and side. The addition/carport will be
attached to the eastern side of the
existing house and is proposed to be
enclosed on the front with a garage
door and on the east with a wall. The
rear of the proposed addition will be
open to the backyard. The building
permit was denied because the
addition encroached into the eastern side yard.
The proposed addition/carport would extend 2.5 feet beyond the minimum 7.5 foot side yard setback
leaving 5 feet between the proposed addition and the property line. The applicant does have 15.3 feet to
the east of the house for an addition without encroaching into the required side yard setback.
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ANALYSIS
Section 24-65 authorizes the Community
Development Board (CDB) to grant relief
from the strict application of certain land
development regulations where, due to an
exceptional situation, adherence to the
land development regulations results in
“exceptional practical difficulties or
undue hardship” upon a property owner.
In most cases, exceptional practical
difficulties or undue hardship results
from physical characteristic that make the
property unique or difficult to use. The
burden of proof is on the applicant.
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 24-65 of this chapter, and such relief may be subject to conditions as
set forth by the City of Atlantic Beach.”
Section 24-65(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.
The applicant stated in their application that “the large tree in the front does not allow a wider drive.
Many neighbors have wider drive and/or more parking space.”
(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 stated in their application that, “though the variance will not give
enough space for a 2 car carport, it will give enough space for extra storage.”
Area of proposed
addition/carport
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REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR19-0013, request for a
variance as permitted by Section 24-65, to reduce the eastern side yard setback from the required 7.5 feet
to 5 feet within the Residential, Single Family (RS-1) zoning district 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 ZVAR19-0013, request for a
variance as permitted by Section 24-65, to reduce the eastern side yard setback from the required 7.5 feet
to 5 feet within the Residential, Single Family (RS-1) zoning district upon finding that none of
requirements set forth in Section 24-65 (c) exist.