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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. Page 2 of 3 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 Page 3 of 3 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.