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17 Nov 2020 CDB Agenda1,1 City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, November 17, 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 October 20, 2020 regular meeting of the Community Development Board. 10.20.2020 CDB Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. ZVAR20-0017 PUBLIC HEARING (Lambertson) Request for a variance to increase the structural projection allowed into the front yard and increase the maximum fence height allowed in the front yard. 89 Dewees Avenue ZVAR20-0017 Application 89 Dewees Avenue ZVAR20-0017 Staff Report 4.B. ZVAR20-0018 PUBLIC HEARING (Lambertson) Request for a variance from Section 24-82 to exceed the maximum side yard projection. 272 3rd Street ZVAR20-0018 Application 272 3rd Street ZVAR20-0018 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-5 7-17 19-30 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 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. This meeting will be live -streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.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. Page 1 of 30 Community Development Board - 17 Nov 2020 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 30 Present: Absent: Also Present: Agenda Item #2.A. 17 Nov 2020 MINUTES Community Development Board (CDB) Meeting Tuesday, October 20, 2020 - 6:00 PM Commission Chamber Kirk Hansen, Chair Sylvia Simmons, Member Brian Major, Member James Moyer, Member Jeff Haynie, Member Linda Lanier, Member Jennifer Lagner, Member Brenna Durden, City Attorney (CA) Valerie Jones, Recording Clerk Amanda Askew, Planning and Community Development Director (PCDD) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen 2. APPROVAL OF MINUTES A. Approved minutes of the September 15, 2020 regular meeting of the Community Development Board. MOTION: To approve the Community Development Board. Motion: James Moyer Second: Sylvia Simmons James Moyer (Moved By) Kirk Hansen Sylvia Simmons (Seconded By) Brian Major Jeff Haynie Motion passed 5 to 0. 3. OLD BUSINESS There was no old business. minutes of September 15, 2020 regular meeting of the For For For For For 4. NEW BUSINESS Chair Hansen introduced Jeff Haynie as a new member of the Board. Community Development Board (CDB) October 20, 2020 Page 3 of 30 Agenda Item #2.A. 17 Nov 2020 A. UBEX20-0006 PUBLIC HEARING (Urban Farms) Request for a use -by -exception to allow on premises consumption of alcoholic beverages within the Commercial General zoning district at 1175 Atlantic Boulevard. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Tracey Westbrook introduced herself as the owner. She said they sell greens (lettuces, kale and arugula) wholesale to restaurants and retail. They also have a market with cheese and greens and have rented the venue for outside event. Ms. Westbrook said that due to Covid they expanded their market with prepared meals. She said that customers asked for beer and wine to be sold to take home with their prepared meals. Director Askew told her that she already has the ability to do that but encouraged her to go ahead with the use -by -exception in case the farm decided to have other events where it would be necessary. Ms. Westbrook explained that they might occasionally have pop-up events where they would serve beer and wine. Mr. Moyer asked what the hours are. Ms. Westbrook said they were open to the public from 12pm-4pm and the farm is open from 8am-5pm. She said they only have seating for 30. Ms. Westbrook confirmed for Mr. Major that they can already sell beer and wine but are asking for on-site consumption. Mr. Haynie asked if the consumption would be indoor or outdoor. Ms. Westbrook said that all serving is being done outside right now due to Covid. She said it would only be during open hours. Ms. Westbrook thanked Director Askew for helping her to think of new ways to help her business. PUBLIC COMMENT: Nancy Bullock of 120 Camelia Street said she has concerns about parking and people being able to walk up and get alcohol. She said that there have been times when there are dozens of cars. Ms. Bullock spoke against approval of the use -by -exception. BOARD DISCUSSION: Ms. Simmons didn't feel like the cars would have come from the farm. Mr. Moyer spoke in favor of the request. Mr. Haynie had no objections and said the Board could always establish conditions. Mr. Major asked if the applicant could address some of Ms. Bullock's concerns. Chair Hansen said the hours of operation are a third of other businesses and they are not planning on serving at this point. He agreed that they could put some restrictions such as fewer hour currently permitted by the code. APPLICANT COMMENT: Ms. Westbrook explained what parking they currently have as permissible parking. She understood Ms. Bullock's concern about walk-in purchases. Ms. Westbrook didn't feel like restrictions should be put on her based on a resident's concern. BOARD DISCUSSION: Mr. Moyer didn't think the Board needed to be over- reaching. Mr. Haynie agreed. Community Development Board (CDB) October 20, 2020 Page 4 of 30 Agenda Item #2.A. 17 Nov 2020 MOTION: To approve UBEX20-0006: Motion: Sylvia Simmons Second: Jeff Haynie Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major For James Moyer For Jeff Haynie (Seconded By) For Motion passed 5 to 0. Chair Hansen said they might want to have a discussion with Staff about not having this Board look at use -by -exceptions in the future. He explained that they are approving something that is already approved in the code. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There was no further public comment. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:28 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) October 20, 2020 Page 5 of 30 Page 6 of 30 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 5eminoe Road Atlantic Beach, FL32233 (P) 904-247-5800 APPLICANT INFORMATION NAME K4aqmnnLambeMson ADDRESS 357llthStreet PROPERTY LOCATION 89 Dewees RE# 109563-0000 LOT/PARCELSOE 5589 DLOCK# 4 ZONING CODE COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED 1! 1 FOR INTERNAL OFAgeadirotianl #4 V�\��r(� 1��� ° FILE # �� v �\/^.�~._. - L/LJT~ � EMAIL mlambertson@corncast.net CITY Atlantic Beach STATE U ZIP CODE 32233 PHONE # 904-228'4313 CELL # gUTILITY PROVIDER 4c•2 ~/remv*v�� ��� C?+57uo� ~JPd /r LX (VoikLr 6/4.Nk^0/4V f'2m .C/+` Homeowner's Association or Architectural Review Committee approval required for the proposed construction El YES NO (ifyes, ths must be submitted with ariy application for a Building Permit) Statement of facts and site plan elated to requested Variance, which demonstrates compliance with Section 24'65 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site olan must dearlv describe and deoict the Variance that is reciuestecl. PROVIDE ALL OF THE FOLLOWING INFORMATION (allformwtion 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 ovner(s) for all purposes related to this application. 3. Survey and Iegal descr[ption of propertyfor which Variance 15 sought. 4. Required number of copies: four (4) copies except where original plans, photographs or documents that are not laraer than 11x17inches are submitted. o/easeorov|deeighi(8)cooiesufanysuchdocuments. 5.App|icat/ne«$300D0. UHE EBY CE FY HAT ALL INFORMATION PROVIDED 15 CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF APPLICANT (2) Signed and sworn before me on this 03('\ 1/1 | ll | . (\ / Identification verified: > L`^�-' Oath Sworn: Yes FlNu 79VARIANCE APPLICATION 0825,202o 04, PRINT MIPE/i-At 1/)--11 / z- ) . PRINTORTYPENAME DATE day of /\(AT'.\n*/~ 9 by State of --\ l� . �/T�� County of l/W\/ / \ DANIELLE WILLIS Notary Public - State of Florida Commission 4 GG 080201 My Comm. Expires Mar 6, 2021 Bonded through NationAl Notary Assn,� ota My Commission expires @ The following p paragraph sets forth reasons for which a Variance may be approved, pleiti@rtlrti•• circumstances that apply to your request and briefly describe in the space provided. 17 Nov 20 0 Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. I5 1. Exceptional topographic conditions of or near the property. This is located on the corner of Ocean Blvd. and Dewees Ave. There is public parking adjacent to the lot and it is a very busy corner. We are proposing to remove the current additional and put an open air pergola enclosure in the same foot print of the existing addition. The porposed new addition will be one story in nature open air reolacino the laraer 2 story addition with airconditioned space.- see rendering ❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. Public parking impacts this area disparately more than nearby properties C 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 current additional that has been added to the property is now non -conforming due to regulations enacted by the City of Atlantic Beach which prevents the alteration of this addition. 5. Irregular shape of the property warranting special consideration. This lot is irregular is shape with the front being on an angle. ❑ 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. This lot is substandard in size being only 5589 square feet and the standard size lot is 7500 square feet 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 08.25.2020 Page 8 of 30 Agenda Item #4.A. 17 Nov 2020 This is a good news story for Atlantic Beach. This house was designed by Bill Morgan, a very famous mid- century modern architect. This was one of his first houses in the area and was one of his most recognized projects. Many of his projects have been torn down and larger newer houses have been built in their place. There are many reasons for this, some are; houses are very small, don't have the modern conveniences, kitchen and bathrooms are minimalist. This is a prime lot for a tear down and redevelopment because the current structure is so small and dated while the lot is in a great location. We are not asking for much. The original house was built in 1961 and sometime after that there was an addition constructed on the front. I assume it was conforming at the time of construction then City of Atlantic Beach established the 20 foot front yard setback. The structure now encroaches almost 5 feet in some parts in the front yard set -back. We would like to remove the addition and put in its place an enclosed front seating area for privacy with an open air roof/pergola to create a privacy area. The new area would not exceed the current encroachment of the addition. This area will be much Tess intensive than the current 2 story structure with air conditioned space. The new area will one story in nature and will be outdoor space. We would request that you grant this variance in order to allow us to restore one of Atlantic Beach's most recognized Bill Morgan projects. This will keep the eclectic nature of Atlantic Beach alive and thriving. Page 9 of 30 OE JO OZ aged 6-0" HIGH FENCE& GATE 4'-0" HIGH FENCE & GATE EXIST. ADDITION TO BE REMOVED REQUEST 7'-0" HIGH PRIVACY FENCING PLUS 8" HIGH PERGOLA WITHIN FOOTPRINT OF ADDITION; MAX. ENCROACHMENT 4.-8" INTO FRONT YARD SETBACK FFS 6'-0" HIGH PRIVACY FENCE EXISTING LIVE OAK TO BE PRESERVED Ole 18' HIGH FOUNTAIN ARCHITECTURAL SITE PLAN SCALE 3/32' = 1'-0' 7613 1 116[X./1 i 1,1 110AfiCK'E, "' 5;1 CA a 1 1 . U -I O Q N Wu- ® & rn m • 02 LU C z 0 cn w - J ARCHITECTURAL SITE PLAN Agenda Item #4.A. 17 Nov 2020 u,µ N. otOt Page 11. of 30 pYr,IIP' 1 !WAIIIVvIdr VI. ii�fi�iiw lluu 100 111 olllm00000000000lo II iIIII 191 `' �i1111!n'1101111 1"I'I111111l"°1111p�mih 4 Vad Ii lmY 101,11111111111,11111 1111111111111 1111111111111111 s"' 11111111111111111111111111111111111 mlI11111uuuuul 111111111111 10 uld�l WW1➢1111111hat n 000°00111 11111111111 uw r p,, " III ��III'ui� 11111 111111111111111111111111111111111111111111 11111111 III�MIIh1"19 1111 16u1i111I d,111 mi I lIIIII 11 uli. �'1,,,'I'I'I'I'Ilullllllllllllllllllllllllllllllll'1111 11, 111111111111111 1111111111111111111111111 1111111111 111111111111111111111 111111illllllllll H4111IIIIIIII umu11 on I I11IIIIIIIIIIIIIIIII11f11111 MMry11111111111111 ,111,1,1111111111111111111,1,1,11 1111 II, VgiiWu �Iu�u � ipN1 u1Yuu�u�uM 11111111111111111111 d111;1111111IIj11jIx lA ��iu ^•�,�Iolfia0i, hlWi uu �iila0l, Page 14 of 30 17 Nov 20; CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. ZVAR20-0017 Request for a variance to increase the structural projection allowed into the front yard and increase the inaxiinuin fence height allowed in the front yard LOCATION 89 Dewees Avenue APPLICANT Maryann Lambertson DATE October 26, 2020 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicant is Maryann Lambertson, the owner 89 Dewees Avenue. This property is located on the corner of Ocean Blvd. and Dewees Ave., within the Residential General Multi- Family (RG -M) zoning district. The applicant is requesting to install an 8 foot fence with a pergola roof to form an enclosed seating area, which would be attached to the front of the house. The proposed seating area would be located within the front yard, roughly 15'- 4" from the front property line. The proposed structure violates two code sections; 24-157 and 24-82: First, the proposed fence height of 7' — 8" exceeds the maximum 4 foot fence height allowed within front yards, per Section 24-157. "•; w-Nra Rid'"!FtY,Cp�rd115P'MGM Proposed Structure Second, the proposed pergola roof structure exceeds the maximum 4 foot "projection" into the front yard allowed for roof overhangs (the pergola roof is considered a roof overhang). The proposed pergola roof "projects" 4' — 8" into the front yard according to the site plan, which exceeds the jJiIpuI1UpJpJJpJPIuaod projeyx 110 00 uIIVYG Proposed enclosed ig area v:1,111111dIN161,1 ,11,111111111 ,,mss 11 11111111�f ANALYSIS 'I,1!1I1!111•11P1111R11 17 Nov 1. - 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 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(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant stated that there is public parking adjacent to the lot and it is a very busy corner. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant states that the public parking impacts this area disparately more than 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 states that the current addition was added to the property is now non -conforming due to regulations enacted by the City of Atlantic Beach which prevents the alteration of the addition. (5) Irregular shape of the property warranting special consideration. The applicant states that this lot is irregular in shape with the front being on an angle. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The applicant states that the lot 5,589 square feet and the standard size lot is 7,500 square feet. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0017, request for a variance to increase the structural projection allowed in to the front yard and increase the maximum fence height allowed in the front yard 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 he 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 si:e of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 2 of 3 Or, 'I,1!1I1!111•11P1111R11 17 Nov 1. - The Community Development Board may consider a motion to deny ZVAR20-0017, request for a variance to increase the structural projection allowed into the front yard and increase the maximum fence height allowed in the front yard, upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 18 of 30 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Chris Lambertson ADDRESS 960 Paradise Circle PROPERTY LOCATION 272 3rd Street RE# 172548-0000 LOT/PARCEL SIZE 5000 BLOCK # FOR INTERNAL OI4rRL tiT11 ffzi' 17 Noy,I1O2 FILE# ZVAEZo-cni EMAIL chris@elitehomesfl.com CITY Atlantic Beach STATE FL PHONE # 904-349-2803 ZIP CODE 32233 CELL # LOT # n 1/2 lots 22,23 ZONING CODE (P.. S UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED fd tju ifuvuov, (,vwD, 1/4-7orvy , > n Sit ti p In c, I a( lot- Homeowner's otHomeowner's Association or Architectural Review Committee approval required for the proposed construction © YES El 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 24-65 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 reauested. 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. photoaraohs or documents that are not larger than 11x17 inches are submitted. please provide eiaht (8) copies of anv such documents. 5. Application fee of $300.00. 4f3 x� ionr4) G.rc,�MSM , S 1 HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF APPLICANT SIGNATURE OF APPLICANT (2) Signed and sworn before me on this 1. day of CV v' i s ct kv,l' e_r4V o r A Identification verified: Oath Sworn: Yes El No 19 VARIANCE APPLICATION 08.25.2020 PRINT OR TYPE NAME DATE PRINT OR TYPE NAME DANIELLE WILLIS Notary Public -State of Florida Commission # GG 080201 My Comm. Expires Mj Bonded through National ti taryfissrf 5 illi DATE OCA U by State of County of IDU (,i Oi nature My Commission expires P --'tut' CAN (.1! (;) i•g,c 19 of 30 OWNER'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 OWNER INFORMATION NAME ;:0t �i- tI1 1,i4 ADDRESS 1 j S( j.1- 2 CITY f-tA-4,' (' AGENT INFORMATION NAME a t(5;) n ADDRESS q(7) t f4JAbi e' Cf,fl,c CITY !'t r t >tlkiC. (? _eAti.\ PHONE# CELL # STATEZIP CODE PHONE# CELL # Agenda Item #4.B. 17 Nov 2020 )(e' 6-C---/ 2-1 12'3 6i01 -1'3111 - STATE J'3111 - STATE FL ZIP CODE 3(9-2- 33 ( I n\d is hereby authorized to act on behalf of 1� (LJp1 A/Li !J the owner(s) of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: ❑ BUILDING PERMIT TREE PERMIT ❑ SIGN PERMIT ❑ USE -BY -EXCEPTION INING VARIANCE ❑ ZONING MAP AMENDMENT ❑ COMPREHENSIVE PLAN AMENDMENT ❑ PLAT, REPLAT OR LOT DIVISION ❑ OTHER HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE 0 OWNER SIGNATURE OF OWNER #2 M CA4AgL vv, R P.W 101% )/202.0 PRINT ORTYPE NAME DAVE ' PRINTORTYPE NAME DATE Signed and sworn before me on this `2- day of & X69 Identification verified: ? -4soNA 14/46 v..14 Oath Sworn: ❑ Yes ❑ No i _II ' � rt . WILLIAM J. TIMER, SR. r • .�� ,,• MY COMMISSION # GG 151656 � ¢ EXPIRES: October 15, 2021 1, `%'fgr, ;,,, Bonded TtuuNotary Public Unde.wtltets 11 OWNERS AUTHORIZATION 03.01.2018 , 2_69220 by State of L- County of 3) u01t tary Signature Commission expires a�' 1S 1202-1 _ Page 20of-3o- The following paragraph sets forth reasons for which a Variance may be approved, plettgendadt&rtl#A.El. circumstances that apply to your request and briefly describe in the space provided. 17 Nov 202 ) Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons, n 1. Exceptional topographic conditions of or near the property. fl 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. Busy corner lot on 3rd and east coast [ J 3.. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. This is a corner lot on a very busy street. We have had to create an entry on 3rd street to alievate the traffic concerns. The corner requires a 10 foot set back. We are only requesting a 3 foot encroachment only for the entryway of the house as shown on the plans. This will help create better definition on the house and not anneal' as it the entry is nasted on the side. f 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. When this lot was platted many years ago there was not a 10 foot corner yard set back © 5. Irregular shape of the property warranting special consideration. El 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. This lot is 5000 square feet which is 33% smaller than the 7500 square foot standard lot size 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 08.25.2020 Page 21. of 30 Agenda Item #4.B. 17 Nov 2020 I'JIil1311 II, Y Jil 1111 ij et to g1 0 n ,1 A Page 22 of 30 t Li\ 2vl y R K IA tr. Agenda Item #4.B. 17 Nov 2020 __Page 23 of 30 . DESCRIPTION: ORTH 1,2 OF LOTS 22 AND 23, ATLANTIC BEACH \CE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RDED IN PLAT BOOK 15, PAGES) 34. OF THE PUBLIC RDS OF DUVAL COUNTY. FLORIDA. FIED TO: RT A. JACKSON AND CAROLE T. JACKSON: PONTE A TITLE, LLC: CHICAGO TITLE INSURANCE COMPANY: IUNITY NUMBER: 120075 0409 X: H 2 ZONE: X WORK: 8-23-2019 ERTY ADDRESS. ID STREET JTIC BEACH, FL 32233 EY NUMBER: 339580 T FILE NUMBER: 18-1767 80L DE0DRIPTIO`+S: =CATCH ciSPJ - = MISC FENCE CE -,TE -ONE ROAD = PACHPF-R7F 3=.4E-rE AREA = EXITING ELEVATION - UI-LFFY POLE = HACRANT ='"' =OVA -AR `-,'ETEa LINE TABLE LINE I LENGTH BEARING I 1 SO -TE SEEI3TBETE PAGE 1 OF 1 BOUNDARY SURVEY 115 sr; c131 0 FOUND 1'[" FOUND 1t2 IRON PIPE IRON PIPE NO I.D. NO I.D. SET U2' IRON ROD LB 97893 NERAL NOTES. LEGAL DESCRIPTION PROVIDED BY OTHERS 6) DIMENSIONS SHOWN HEREON ARE PLAT AND MEASURED UNLESS OTHERWISE NOTED THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED ENCUMBRANCES NOT 71 FENCE OWNERSHIP NOT DETERMINED SHOWN ON THE PLAT. 6) ELEVATIONS, IF SHOWN, ARE BASED ON N.G.V D. 1929 DATUM. UNLESS OT}ER ISE NOTED. UNDERGROUND PORTIONS CF FOOTINGS. FOUNDATIONS OR OTHER IMPROILEMENTS WERE NOT LOCATED. 9) IN SOME INSTANCES. GRAPHIC: REPRESENTATION HA -E BEEN _1(90 ER„ TED TO'.'.ORE CLEARLY ILLUSTRATE, 'PALL TIES ARE TO THE FACE OF THE WALL ARE NOT TO BE USE -0 TO RECONSTRUCT 80U" DARY LINES_ RELATIONSHIPS BETWEEN PHYSICAL IMPROVEMENTS A`JO,CR LOT LINES. IN ALL CASES. DIMENSIONS SHALL ONLY VISIBLE ENCROACHMENTS ARE LOCATED. THE LOCATION OF THE IMPROVEMENTS OVER SCALED POSITIONS. REV/SIONS:: -.21/11 JD opEF 1: DPI EP ,,THI 1Fer THP Jar 1-, HP 11-1,1 +here wul.J e epts. eLiLeLwill, LW et other in-twww,T, Hlandwrd Feet, da-lw LP hn .1 ,qi Mk. Empwrler DEF'IDE. DEL'FF.TIFIEHT OF 1 WEFE DEFImED FFOILI /F.T1 WEF'E CiETPIHED FP01..1 POTPIHED FP01..1 PIT ell PFTLIM etE, mnleee nwled weige, F'errni+L. ile-Lted for +hie undeew u LLe. efloi1 wheme—qt.ionel ether ebli.1,11.en, fw Forp,e, IH -led in LP, ,w1iie ecePmwn-lw wet -hong end wneilleri Erimide eereendle mlwt DctilEn of I /Fiji,/ mmeeneen I I OP 2,111/.3 rtice pi TEL III TITLE IT 'if' PELIel ICE B 4111 iw .P I , PEEP/ Ill .IBLE EP LleBILITh 411D HEPEEi ioE THIL. E III 4111 IE FLA HILL F1 IP E 1PP LEE EF' 1E.E. LB OPE: PPM PELT P1L P W TOP T P I I/4 LM / I FM = CIIILL1111, HL:11-11_ 11,A1 UHL I :L113,,_1 LIIIL = DEED BD -A = ELF -LE OF HEED/1E11T = 1,, E, IPILLE ELEPTPIP iTHEW,PPIT = 1,,ii ELEPTPIP iTHEW,PPIT = 1EE. ELEPTPIC EA.-ED/1E11T = LILEHEED 'LIPPE El le.111E", = DISED CLIP TE lOF' = OPEPHEAD VVIPE LIME = CHEF_ leL PECOPDE, MOLL = IT OF Cl = PAGE = IT OF 1DE11111111.E 1111 1111 11 41 11 PEF'IIELIEHT F'FFEE'LlIFF 140111_1HEIIT PPOFESSI011eL ELIPPE OF' ,I1D M,PPEP PEFEPEILLE BEAPIIIM LIME PH-LHT OF WA LIME — ELEPTPIC TO BEFE41P. /ED = T = FIELD ME,LTOPED ,L11E = DEED ALL = /- AM-11LATED ,L11E, FP/TH FIELD 44 44 = PEOWPD ALOE GRAPHIC SCALE ( IN FEET ) 1 Inc h = 20 ft. LEGAL DESCRIPTION NORTH 1/2 OF LOTS 22 AND 23, ATLANTIC BEACH TERRACE, PLAT BOOK 15, PAGE 34 LIIIE IDEIITIFICATIco LIIIE F' ) L4( F' ) LI( ) L.2.211\.1) ) I luC2PH:"W L4q.1) C,°=--4D"E I 15 uu' I uu L1L1 FLT LTL L1L1 FLT 114 JI 5u L1',/ 114L, 3. 5,u uu' r cl Street 4 -u 0 0 0 (D L 11 L 1 , - 0.4 v\ 4.1 . wr.,i 11C 11 1E, L4 ZONIPQ_INFPRMATION RS -2 FROM PROPERTY APPRAISER'S WEBSITE • FRONT 20' • SIDE 7.5' • REAR 20' I IDS I HID L21(TO SET REFERENCE) 31-1 •PHW 1". 18 1 :2 -i,DHLH HALF OF LHIFF " 411D 17 IME CIVIL & SURVEYING, LLC 3000 N. PONCE DE LEON BLVD, SUITE C ST AUGUSTINE, FLORIDA 32084 Residential - Commercial - Environmental - Industrial 5 27, 1.9-2 .3 —DDPE '22E - F 212 F : — F F F2-1 >4 272 Jacksor 10'-2" .. 15-14" NC —rr--1 SUMMER KITCHEN 20' REAR YARD SETBACK LANAI 1 59'-10" S 84° 23' 00" W 100.00' 7 KITCHEN 8-8" IL D 16/ '! W ISLAND GREAT ROOM DIRECT VENT GAS FIREPLACE f"1 FOV /DER t-� 21'-10" n L • 4.-0 .. GARAGE FONEF; PORCH 8', 1" —1* GABLE RC OF AEDVE 8'1" GRAV L WA .K S 84° 23' 00" W h OC.00' THIRD STREET �+ I A-6 A'6 A-5 22-54" EDSCALE 1/4"=1'-0" A/C AREA = 1.046 S F UNDER ROOF AREA = 2.077 SF FIRST FLOOR PLAN IMPERVIOUS Sl JRFACF CAI 0111 ATIONS• CONC I111111!Iq^IIIII11R - 17 Nov 2 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR20-0018 Request for a variance from Section 24-82 to exceed the inaxiinuin side yard projection LOCATION 272 31'a Street APPLICANT Chris Lambertson DATE November 9, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Chris Lambertson, the agent of record for 272 3rd Street. This property is located on the southeast corner of 3rd St. and East Coast Dr., within the Residential, Single- Family (RG -2) zoning district. This property is considered nonconforming due to its lot size. Section 24-106(d) of the Land Development Regulations requires a minimum lot size in this zoning district of 7,500 square feet and this lot is 5,000 square feet. However, section 24-84(b)(1) allows a nonconforming lots of record to be developed as residential provided the structure complies with the minimum yard requirements for the applicable zoning district. The applicant plans on building a porch on the 3rd Street side of the property and is requesting a variance to section 24-82(b) to allow an additional three (3) feet of encroachment into the side yard setback. Per section 24-82(b) "... architectural elements intended to create design relief along the side wall plane may project into required side yards, but not beyond twenty-four (24) inches". The applicant is requesting to create an entrance on 3rd Street which is the side yard of the property. Based on the city codes the 3rd Street is considered the side yard and East Coast Drive is considered the front yard. Section 24-17 of the Land Development Regulations "lot, corner shall mean a lot abutting two (2) or more streets, or at a street intersection or at a street corner having an interior angle not greater than one hundred thirty-five (135) degrees. Unless conflicting with the prevailing development pattern of the adjacent lots, the exterior lot line of the narrowest side of the lot adjoining the street shall be considered the front of the lot, the exterior lot line of the longest side of the lot abutting the street shall be considered as a side of the lot, and shall have a minimum required side yard of ten (10) feet. The opposite side yard and the rear yard shall conform to the minimum yard requirements of the zoning district in which the property is located". 111!111 !I IIUlP1111R - 17 Nov 2 The side of the house on the 3rd Street side meets the ten (10) foot side yard setback. The porch is proposed to project five (5) feet out from the house. Section 24-82(b) would allow a two (2) foot projection however, the applicant seeking a variance to encroach an additional three (3) feet. Five (5) feet would be remain between porch and property line. W :We Y, ,'6 a" +. ak. ;i ad V rka P'n 1� ti •°.,� .. R W 5"„n„..e .�...,,,,,tl'Mr a9. 'dl, W W'mm'wW p +uC47_ ww wa: aa° it 11 1111111 1111111111111111117111111111111111111 ar..la" "�nw m� ' ' a""w W oa..1 ww• sae., PiO9CH FA, raarasaaaa'"aaaall,, r"Va ffetq 8w,".:.d RR'hF71in R'�"�r 4. bw® ..g, wl r' �� �1u rjiuiiiiiiiiiiiiii— III — -1111111111111111a11111111111111111 i -111111111111111111- i111111 3' beyond code eel:" eer wm 1,1Yrreier e l 'WWIW,iI eleee <c) ®..... „y,..0 A y 0,-. y b y f 110.b{'.ku 11111111-111111111111111111-11 10' setback 11111111111 Allowed 2' side yard structural projection -11111111111111 11111111111 -1111111 Property line 11111111111 -IIIIIIIIII-IIIIIIIIII - 1111111-IIIIIIIIII-IIIIIIIIII X3 OE 111111- Illlllplllll�llIIIIIIIIIIII-IIIIIIIIII-IIIIIIIIII-IIIIIIIIII �� a) HIRST FLOOR PLAN STREET Page 2 of 4 ilelleekel. el„,W..., .„leedebeeel WIeee,ill,•• AeeIFwKe CIS e V IIKK w• ANALYSIS I111111!Iq^IIIII11R - 17 Nov 2 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 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(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 3rd Street and East Coast Dr. is a busy corner. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated that they are proposing to create a 3rd street entrance to elevate the traffic concerns of 3rd Street and East Coast Dr. (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 10 feet side yard setback for corner lots was created after the lot was platted. (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 that the lot is 5,000 square feet which is 33% smaller than the 7,500 square foot standard lot size. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0018, request for a variance to allow construction of a pergola beyond the 48" maximum structural projection 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 he 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 si:e of a lot of record warranting a variance in order to provide for the reasonable use of the property. Page 3 of 4 Or, I111111!Iq^IIIII11R - 17 Nov 2 The Community Development Board may consider a motion to deny ZVAR20-0018, request for a variance to allow an architectural element to exceed the permitted 24 -inch side yard structural projection. Page 4 of 4