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07-20-21 CDB AgendaCity of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, July 20, 2021- 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 15, 2021 regular meeting of the Community Development Board. CDB 06.15.2021 Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 275 Sailfish Drive COMP21-0001 (Marshpoint LLC) Request for a Future Land Use Map (FLUM) amendment to change the future land use designation of 275 Sailfish Drive from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH) (existing condition). 275 Sailfish Drive COMP21-0001 Application Staff Report 4.B. 372 Ahern Street UBEX21-0004 (869, 873, and 877 Charles Allen Drive, LLC, and Jonh F. Glatting, III) Request for a use -by -exception to allow a short term rental within the Central Business District (CBD) zoning district. 372 Ahern Street UBEX21-0004 Application 372 Ahern Street UBEX21-0004 Staff Report 4.C. 0 Tulip Street ZVAR21-0010 (Adam McQuiston) Request for a variance to install a crushed granite/gravel street in lieu of a paved street for new development. 0 Tulip Street ZVAR21-0010 Application 0 Tulip Street ZVAR21-0010 Staff Report 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT Page(s) 3-5 7-13 15-23 25 - 33 Page 1 of 33 Community Development Board (CDB) - 20 Jul 2021 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 Meetina 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. 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 33 Present: Absent: Also Present: Agenda Item #2.A. 20 Jul 2021 MINUTES Community Development Board (CDB) Meeting Tuesday, June 15, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Kirk Hansen, Chair James Moyer, Member Richard Schooling, Alternate Member Jennifer Lagner, Member Sylvia Simmons, Member Jeff Haynie, Member Brenna Durden, City Attorney (CA) Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genest, Planner 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. Chair Hansen informed the members of the Board that Brian Major had resigned from the Board due to his new job. He explained that Richard Schooling will be sitting in as an alternate until the Board vacancy can be filled. 2. APPROVAL OF MINUTES A. Approve minutes of the May 18, 2021 regular meeting of the Community Development Board. MOTION: To APPROVE the minutes from the May 18, 2021 Community Development Board Meeting. Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Kirk Hansen For James Moyer (Seconded By) For Richard Schooling For Motion passed 4 to 0. 3. OLD BUSINESS There was no old business. Community Development Board (CDB) June 1.5, 2021 Page 3 of 33 Agenda Item #2.A. 20 Jul 2021 4. NEW BUSINESS A. 395 Saturiba Drive ZVAR21-0009 (Cliff Carter) Request for a variance to exceed the maximum accessory structure height to build a screened enclosure. Chair Hansen asked if there was anyone in the audience who would like to speak at this meeting. Ms. Durden held the swearing in of staff and several people in the audience. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Lanier asked a hypothetical question. She wanted to know if the pool wasn't there and the homeowner wanted to build a detached garage what would the height and setbacks be for the detached garage. Planner Genest said that the detached garage would be the 5 feet side and rear setbacks, 10 feet setback from the house and maximum 15 feet high. Ms. Lanier asked if staff knew when the pool was built but Planner Genest was not sure. APPLICANT COMMENT: Cliff Carter, owner of Call the Screen Guys, 1540 South Mealy Street. Represent Sean and Candy Keane who are the property owners). Ms. Lanier asked when the remodel took place. Mr. Carter said 5-6 months ago. Mr. Schooling asked when the pool was installed. Mr. Carter guessed that it would have been sometime in the 70's or 80's. Ms. Lanier said the pool was there in 1983 when she moved into the neighborhood. Chair Hansen asked if the screen enclosure was already built since there wasn't a picture of it. Mr. Carter said it was and explained how it got installed before the permit was issued. He never thought the permit would be denied because he was not aware of the height restrictions. There was further discussion of how the enclosure looks. Mr. Carter had some picture on his phone that he showed several of the Board members. Ms. Durden told Chair Hansen that it is okay to show the pictures but they need to be sent to Director Askew for public record. Mr. Schooling asked if the screen enclosure was part of the security for the pool. Mr. Carter explained that it does add to the security and said there is also a fence. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Alan Gasparovic, 333 Saturiba Drive, introduced himself as the next door neighbor and spoke in favor of the variance. Ronald Lagues, 1810 Live Oak Lane, said that he that he approved of the screen enclosure and had no issues with it. Ronald Pendleton, 1825 Live Oak Lane, said that he walks by the property several times a day and he is in favor of the variance. Chair Hansen closed the floor to public comment. BOARD DISCUSSION: Ms. Lanier said that she can see why the screen enclosure had to be as high as it was and she would approve this variance. Mr. Moyer was disappointed in the lack of a permit but said he was okay with approving the request. Mr. Schooling said he was in favor of approving the variance request. Chair Hansen took issue with it not meeting any of the criteria required for approval. Community Development Board (CDB) June 1.5, 2021 Page 4 of 33 Agenda Item #2.A. 20 Jul 2021 MOTION: To APPROVE ZVAR21-0009 based on exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Motion: Linda Lanier Second: James Moyer Linda Lanier (Moved By) For Kirk Hansen Against James Moyer (Seconded By) For Richard Schooling For Motion passed 3 to 1. 5. REPORTS There were no reports. 6. PUBLIC COMMENT Mr. Gasparovic asked the Board what criteria they based their decision on. Chair Hansen told him the criteria is listed in the code. There were no further comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:27 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) June 1.5, 2021 Page 5 of 33 Page 6 of 33 FUTURE LAND USE MAP (FLUM) AMENDMENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 SITE INFORMATION ADDRESS 275 Sailfish Dr Agenda Item #4.A. 20 Jul 2021 FOR INTERNAL OFFICE USE ONLY FILE # COM P21-0001 SMALL SCALE DEVELOPMENT CITY Atlantic Beach STATE FL ZIP CODE 32266 SUBDIVISION Legal Description Attached BLOCK # LOT # TOTAL ACREAGE 2 acres ZONING CODE FLOOD ZONE X RE# 170579-0010 PARCEL SIZE CURRENT FLUM DESIGNATION Various PROPOSED FLUM DESIGNATION RESIDENTIAL HIGH DENSITY APPLICANT INFORMATION NAME Marshpoint Multi Family One LLC ADDRESS 2300 Marsh Point Rd no 301 CITY Neptune Beach EMAIL jean@skyenterprises.com STATE FL PHONE # 904-853-6801 CELL # ZIP CODE 32266 ❑X OWNER [] LEGAL AUTHORIZED AGENT REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT: Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any permit or Development Order. Use and development lands related to this land use map amendment, if approved, and any zoning change shall be subject to compliance with all applicable local Land Development Regulations, any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C" construction. PROVIDE ALL OF THE FOLLOWING INFORMATION DESCRIPT1ON OF PROPOSED USE AND PROPOSED DEVELOPMENT ACTIVITY (ALSO INCLUDE ANTICIPATED DEVELOPMENT AND ANY PHASING SCHEDULE). Continue existing high density residential use - in the future add units NUMBER OF WETLAND ACRES 0 IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. Not aware of any IDENTIFY ALL PUBLIC AND PRIVATE SERVICE PROVIDERS OF WATER, SEWER, ELECTRIC, SOLID WASTE, ETC. PROVIDE ESTIMATES OF WATER, SEWER AND SOLID WASTE DEMAND. 32 residential multi family units existing since the 1970's City of Atlantic Beach and JEA IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. Not aware of any 22 FUTURE LAND USE AMENDMENT -SMALL 07.082019 Page 7 of 33 Agenda Item #4.A. 20 Jul 2021 ESTIMATED IMPACTTO ADOPTED LEVEL OF SERVICE STANDARDS AS ESTABLISHED BY THE CAPITAL IMPROVEMENTS ELEMENT OF THE EFFECTIVE COMPREHENSIVE PLAN. N/A APPLICATION PACKAGE CHECKLIST *Additional information may be required, depending upon circumstances unique to individual applications 1. COVER PAGE: Identifying the project. 2. TABLE OF CONTENTS: Include a list of all exhibits and attachments. 3. STATEMENT: Statement addressing need and justification for requested amendment. 4. APPLICATION: This form completed in it's entirety. 5. LIST OF ADJACENT PROPERTY OWNERS AND ENVELOPES: A list of adjacent property owners within 300 feet of the property including name, mailing address and their real estate number (located at the Property Appraiser's recent certified tax rolls). Include a legal size envelope addressed to each property owner on the list (do not include a return address). Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. 6. PROOF OF OWNERSHIP: Deed or certificate by lawyer or abstract or title company that verifies record owner as above. 7. LETTER OF AUTHORIZATION: Ifthe 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. 8. SURVEY AND LEGAL DESCRIPTION: Current survey and legal description of property sought to be rezoned. 9. LOCATION MAP: General location map with property subject to application clearly identified. 10. SITE PLAN: Site plan containing the following if applicable to the proposed project (account for all land included). • Number and types of dwelling units • Type and square feet of commercial or industrial uses • Any existing structures and proposed use • Any open space, buffers and recreational areas • Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive Lands • Most recent aerial photograph of site and surrounding lands • Drainage and storm water facilities and other infrastructure, including ingress and egress, internal access and roadways 11. REQUIRED NUMBER OF COPIES: Eight (8) copies 12, APPLICATION FEE: $550.00 TIFY-THAT AlriliFO-RcATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent SIGNATURE OF APPLff SIGNATURE OF APPLICANT (2) Jean Bakkes PRINT OR TYPE NAME PRINT OR TYPE NAME Signed and sworn before me on this 1 V day of . I\AM Identification verified: )V' l\Ip,(3 U O,P. Oath Sworn: -Yes El No 22 FUTURE LAND USE AMENDMENT -SMALL 07.08.2019_ /i z DATEI DATE . 2-0.2--` by State of R. OV te\ o—w r- Cour\ty of I)IJ.,\/Q J. otary My Commi ion expires Page 8 of 33 Eaz I_ E BOATWRIGHT LAND SURVEYORS, inc. 3AING S1838021 00g I. VORJOIJ 'HOV38 3111ANOSNOdr (OMY4 AY1-A-Lw1 X6,1 p Y 3A180 HSI411YS on4.Hn ..su '.p'LD MnL,0.91J.�� i �1 aua rx-r l y // 1' / / it / / 1 , x Ste, 0 e44. "alko / \ '"" PBT 'r'S d / / U01DIIP !0];.>0i i11s11i1111sf1f11P i Ii11111iI1111 0 Page 9 of 33 MARSHPOINT U LT1 EA[VIN..Y ONE 1...L.0 Summary of application for FLUM Amendment June 16, 2021 275 Sailfish Drive Atlantic Beach, FL 32266 Statement of Facts Property was purchased on 4/2/2021 and was built in the 1970's. There are 32 multi -family units at the time of purchase. Future plan to include major renovations to the property. Need to update the FLUM to match existing conditions. Most of the property is under the residential low FLUM designation and it does not match existing conditions. Documents provided - 1. Summary 2. FLUM application form 3. Survey Contact info - Administrative: Diana Kostas Office No: 904-853-6801 Email — dkostaseskyenterprises.com Owner: Jean Bakkes Cell No: 407-217-3255 Email — l_ean@slyenterbrises.com (904) 853-6801 2300 Marsh Point Rd, #301 Neptune Beach, FL 32266 Agenda Item #4.A. 20 Jul 2021 Page 10 of 33 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4A !I�I��II1111 20 Jul 20- L CASE NO. COMP21-0003, Ord. No. 90-21-246 Request for a Future Land Use Map (FLUM) amendment to change the future land use designation of275Sailfish Drive from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH). LOCATION 275 Sailfish Drive APPLICANT DATE STAFF BACKGROUND Marshpoint Multi Family One LLC July 13, 2021 Brian Broedell, Principal Planner Request COMP21-0001 is to change the future land use designation for 275 Sailfish Drive from Res- idential Low (RL) and Residential Medium Density (RM) to Residential High Density (RH). Future land use designations are set forth on the Future Land Use Map (FLUM) of the city's Comprehensive Plan. Among other things, FLUM designations set residential densities (dwelling units per acre) in order to provide for appropriate land development within the city. The subject property was developed as a 32 unit apartment complex in 1975 prior to the FLUM designations, which were adopted in the 1990s with the city's first Comprehensive Plan. 11111 111111 0� III{I IIIIIIIIIIIIII i glum '1sii ,.. fiW ore I.endl Use Designations, MosJott 1040 Low Density 104:,;„ ore, 00010,00 , : „m 000. Rm skievitlia M' uybnmrmi Dostly ORM) 'M VIIIIIIIIIIIIIIIIIIIIIIIIIII wymm$AKKuvonuu a I;Aigyrei nt;mmaly ul*;ru: The city has three residential FLUM designations; Low Density (RL), Medium Density (RM), and High Density (RH): - Residential Low Density (RL) permits up to six (61 dwelling units Der acre. - Residential Medium Density (RM) permits up to fourteen (141 dwelling units Der acre. - Residential High Density (RH) permits up to twenty (201 dwelling units Der acre. The subject property is 1.89 acres in size, with the majority of the site (-1.74 acres) designated as RL and a small portion designated as RM (-0.15 acres), which results in roughly 12 total residential units al- lowed on the property. As a result, the property is considered "legally non -conforming" since the number of units (32) exceeds the number ' !h11!I1I•1II11 iR�nw11. 20 Jul 20. L currently allowed (12). Legal non -conforming uses, such as this, are allowed to continue ("grandfa- thered") as is, however they may not be relocated or expanded. The applicant has recently purchased the property and plans to remodel/renovate the apartment buildings. The city communicated to the applicant that the site is non -conforming due to the number of residential units. While the property can continue to be used as is, any potential additions (in- cluding accessory structures) would not be allowed and would require a FLUM amendment and a rezoning. The applicant has chosen to apply for a FLUM amendment prior to a rezoning request. The applicant is requesting to amend the FLUM designation of the property to RH, which would permit a total of 37 units on the site (1.89 acres X 20 units per acre). This requested amendment would make the existing number of residential units (32) conforming. ANALYSIS FLUM amendment applications should be reviewed and evaluated for consistency with the goals, objectives and policies of the Comprehensive Plan. Below are applicable goals and objectives from the Comprehensive Plan: Goal A.1 "The City shall manage growth and redevelopment in a manner, which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting influences, 3) preserves and enhances coastal, environmental, nat- ural, historic and cultural resources, 4) maintains the City's distinct residential community charac- ter, 5) provides for reasonable public safety and security from hazardous conditions associated with coastal locations, 6) that provides public services and facilities in a timely and cost effective manner, and 7) that encourages energy efficiency and the use of renewable energy resources." Objective A.1.5. Sound Development Patterns. "The City shall maintain development patterns, which 1) prevent blighting influences and eliminate nonconforming uses; 2) foster diverse and sta- ble neighborhoods; 3) protect coastal and environmental resources; 4) provide proper locations for public facilities and utilities and energy-efficient land use patterns, and 5) which encourage healthy and aesthetically pleasing living conditions." Objective A.1.10. Surrounding Land Uses. "The City shall continue to maintain a development character, which is compact in form, orderly in its land use pattern, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant living environment, and cost-effective and energy efficient public services." Objective A.1.11 Appropriate Land Use Patterns "The City shall provide for land use, develop- ment and redevelopment in an efficient manner, which supports the land use designations as set forth within the 2030 Future Land Use Map; which enforces the residential densities and the limi- tations upon the type and intensity of uses, and which results in development appropriate to the sensitive coastal location of the City, particularly with respect to the predominantly residential character and small-town scale of the City." Page 2 of 3 !I�I��II1111 20 Jul 20- L REQUIRED ACTION The Community Development Board shall make a recommendation for approval, approval with conditions, or denial of this application. The City Commission will then review the recommendation and hold two public hearings to con- sider the request. These two hearings are scheduled for August 23rd and September 13th. Following these public hearings, the city commission, by ordinance, may amend the FLUM desig- nation of said property, or it may deny the request. In the case of denial, the city commission shall thereafter take no further action on another application for substantially the same proposal, on the same property, until after three hundred sixty-five (365) days from the date of the denial. Page 3 of 3 Page 14 of 33 USE -BY -EXCEPTION APPLICATION City of Atlantic Beach Comrnunity Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME 8h907]and 877Charles Allen Drive, LLC, and John F.G|nninq'Ill ADDRESS 2000 Cherokee Drive ! PROPERTY LOCATION 372 Ahern Street, Atlantic Beach, FL 1 RE# 169753-0010 L0T/PAR[EL8ZE 2999 COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Agenda Item #4.B. -20442021 FOR !NTERNAL OFFICE USE ONLY FILE # UBEX21-0004 EMAIL whampton@jaxfirm.com CITY Neptune Beach STATE FL PHONE # 904-543-4521 ZIP CODE 33266 CELL # 904-92}']450 BLOCK # 1 LOT # W 36 ft of Lot 19 0/8 19731 PG 1769 ZONING CODE ACBD Commercial REQUESTED USE -BY -EXCEPTION Short term rental - single unit UTILITY PROVIDER JEA, City of AtL Bch. Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used ifdesired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is schedu!ed for any public hearing): l. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses. 2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3. 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. 4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B). 5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or colored attachments are submitted, please provide eight (8) copies. d.Application fee of54OO.O0. /MENEQYy�ERTIFYTHAT ALL |0FORK4AT|ONPROVIDED |5 CK�RRECT:8ynam,eofProperty 0wner(s)orAuthohzedAgent ' �� ' / � �"�. /. Hampton,Wade k4cKa�cntfor owner --�- - SIGNATURE OF APPLIG4NT PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on thisday of . \ �� L"0Ml / \�,8�� Oath Sworn: Yes [11 No 1 18 USE BY EXCEPTION 07.08.2019 0,3 3/ / DATE DATE -�� ; �__ -�� o by �: State — ) County of�) ^ �� .-L� .-.~". �,=u�mv __��" 4v /- �=�.�"��~. _�~ � ��/ omm�mwwmmvpmm^w�w��nnoioivncvpirr, EXPIRES: Oc;tober 30, 2024 ~^— � w*w��1111111!/^ Agenda Item #4.B. EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items, Please address each of the following as applicable to your specific application. l. Ingress and egress to property and proposed Structures thereon with particular refrence to vehicular and pedestrian safety and corivenience, traffic flow and control and access in case of fire or catastrophe. House currently on property currently used for office space. Plan is to convert back to a single family residential property for short term rental use, There will be no change in existing structure footprint. Ingress and Egress to property will be same as existing for both pedestrian and vehicular traffic. Nn channe from existinn far safety and convenience. traffic flow and control and access in case of fire or catastronhe. 2. Parking and loading spaces, where required, with particular attention the items in (1) above. No change from two (2) existing parking and loading spaces. No increase needed or anticipated for proposed use 3. The potrtia|hxanyadveneimpactstoadjoiningpmperti,sandpxertiesyenem|lyintheanaresukingfromexccssivenci»e, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested. No potential for any adverse impact to adjoining properties. Subject is surrounded by commercial properties, motels and multi family apartments. If anythinq, proposcd use would reduce noice, reduce glare arid Iighting, reduce odor and traffic. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. Refuse, trash and service areas would remain unchanged under proposed use. There will be no material change with proposed use to any of vehicular and pedestrian safety and convenience, traffic flow and control arid access in case of fire or catastrophe, There will be no change to 5. Utilities, with refenoenn|ocadons,avai|abi|byandoompahbi|ity. Utility providers would remain the same. Current locations and availbility are equally compatible with both current and proposed use. 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. Use to west is a house also used for office space. Existing landscaping will be supplemented with proposed use. Use to east is a bank. Existing fence will be supplemented with additional landscaping. Use to south is a real estate brokerage office. Existing wall will be supplemented with additional landscaninn with nronosed new LISP. llce to north across Ahern Street is anartment buildinns. Further west and NW are motels. 7. Signs, ifany, and proposed exterior lighting, with reference tog|an:rmfficsafety economic effects and compatibility and harmony with properties in the District (see Signs and Advertising, Chapter 17). No signs will be used under proposed use. Exterior lighting will remain the same as exisitng use. Lighting will remain compatable with reference to glare, traffic safety, economic effects and harmony with properties in the District. 8. Required yards and other open space, show building setbacks and area of open space on site plan, 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive PIan. Converting house used as an office building back to a house for short terrn rental is cornpatable with existing apartments, motels arid office to North, West and NW. It is further compatable with comrnercial and retail uses to the east and south. 10. Other information you may wish to provide. The subject is on the north edge of the Central Bus ness District (CBD) area, immediately across the steet from multifamily apartment building with motels to the Northwest. By converting the use of the subject property to short terrn rental, the subject will continue to act as a transitional buffer between the the commercial uses to the south and residential uses to the north. Such proposed use fits squarely within the Intent of the CBD area, mUSE BvEXCEPTION ozmuzo/v Agenda Item #4.B. 20 Jul 2021 AGENT AUTHORIZATION Re: 372 Ahern Street, Atlantic Beach, Florida 32233 Parcel ID No.: 169733-0010 Use -By -Exception Application To Whom It May Concern: The undersigned, owners of the above-described real property, hereby authorize Wade McK. Hampton, Esq., 4348 Southpoint Blvd., Suite 101, Jacksonville, Florida, 32216, to execute and deliver to you on our behalf, the Planning and Community Development Department, City of Atlantic Beach, Florida, Use -By -Exception Application Form (the "Application"), together with any other documents which might be required at the time of said Application for the above property. We further authorize Wade McK. Hampton, Esq. to sign and deliver such other documents as may be required by the Planning and Community Development Department (the "Department"), and to represent us before the Department, the Community Development Board and/or the city commission (if needed), in relation to the said property, the Application and the exception requested therein. 869, 873 and 877 Charles Allen Drive, LLC, a Florida limited liability company By: Billy Jack Investments, LLC a Florida limited liability company, Manager John F. Glattihg,11, an individual Dated: June/4 , 2021 Dated: June ) , 2021 Page 17 of 33 AHERN STREET pEl PLAT STREET WAY (PAVED) ATLANTA57' C RIGHT OF N83'56'07'E 36.42' (r N8342'00 E- ~r'\ [�u^ FOUND 1/2" IRON PIPE LB3B4B LOT 20 1p OLE BOX �---- ^—~ cncTEPOWER p CONCRETE FOUND 1/2" IRON PIPE, "CLARY' SET 1/2~IRnw PIPE, LB36o novcpcn vmoo-x DECK & 5 -MPS ouwo 1/2" mow "~~~ 0.B4.' NORTH SET 1/2. IR -_ 04.«»)\ 0 7' 0.7' S83��Mn* ��wNH =~,�w u�� `` /� �/LOT 1S m FOUND MAGNAIL DISK, LI33672 40 NOTES: 1. THS IS A BOUNDARY SURVEY. 2. BEARINGS BASED ON THE EASTERLY LINE OF THE SURVEYED PROPERTY, BEING SOUTH 0678'O0^ EAST, AS PER DEEDS OF RECORD. 3. NO BU/LO/NQ RESTRICTION LINES PER PLAT. 4. THE LEGAL DESCRIPTION IN OFFICIAL RECORDS BOOK 18250. PAGE 510, OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, DOES NOT OVERLAP THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY. THE PROPERTY DESCRIBED HEREON LIES IN FLOOD ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) AS nFTFRu/mFF) P-nnm TI -IP nnnn /mC//puurr DA= ATLANTIC � �OW D FOUND uxowmL m DISK, LB3672 5 THIS SURVEY IS CERTIFIED TO: 869. 873 AND 877 CHARLES ALLEN DRIVE, LLC, A FLORIDA UW\TED LIABILITY COMPANY; JOYCE T. DOWNEY; FIDELITY NATIONAL 11ThE INSURANCE COMPANY; AND DUSS, KENNEY, SAFER, HAMPTON ac JOOS. P.A.; and JOHN F. GLAT11NG. U|. Doc # 2021128710, OR BK 19731 Page 1769, Number Pages: 2, Recorded 05/20/2021 09:45 AM, JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COAMnda Item #4.B. RECORDING $18.50 DEED DOC ST $1925.00 20 Jul 2021 Consideration: $275,000,60 Prepared By: Wade Mek.. Hampton Huss. Kenney, Safer, 11,mipton & Joos, V.A. 4348 Southpoint Boulevard, Ste 101 Jacksonville, F1, 32216 Record and Return to: 869, 877; and 877 Charles Allen Drive, a Florida limited liability company. and John 0. Glaring, 2u00 Cherokee Drive, Neut.:me Beach, Florida 32266 4150.002WH General Warranty Deed Made this May 12 , 21)21 A.D. by Joyce T. Downey, an unremarried widow, whose address is: 1 17 Summerfield Drive. Ponte Vedra Beach, Florida 32082, hereinafter called the grantor, to 869, 873 and 877 Charles Allen Drive, LLC, a Florida !United liability company (as to an undivided Seventy Percent (70%) interest), and John P'. (;lutting, 111, an individual as to an undivided Thirty Percent (3096) interest), as tenants in common, whose post office address is: 2000 Cherokee 1)rive. Neptune Beach, Florida 2266, hereinafter called he grantee.: (Whenever used herein the ten n "grantor" and "grantee" include all the parties to this instrument and thc heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the surn of Ten Dollars, (510,00) and other Valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that Certain land situate in Duval County, Florida, viz: The West 36 feet of Lot 19, except that certain part of said lot conveyed by Atlantic Beach Improvement Corporation to Sun Oil Company by Warranty Deed dated October 18, 1946, and recorded October 19, 1916, in Deed Book 1203, pages 126 through 127, current public records, all in Block 1, SUBDIVISION "A" ATLANTIC BEACH, recorded in Plat Book 5, page 69, current public records of Duval County, Florida. Parcel ID Number: 169733-0010 Said property is not the homestead of the Grantor(s) under the laws and Constitution of the State of Florida in that. neither Ctantorts) nor (my menther of the household of Grantor(s) reside thereon, Subject to covenants, restrictions and easements of record, if any; however, this reference thereto shall not operate to reimpose Sallie. anyW50 Together with all the tenements, hereditaments and appurtenances thereto belonging or in appertain Ing. To Have and to Hold, the some in fee simple forever. lairt(MMthmlWarality1los3D.mtlonFace HetloADOMWH Page 19 of 33 OR BK 1 9 7 3 1 PAGE 1770 And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in Ice siinple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the tide to said land and will defend the sante against. the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except. taxes accruing subsequent to December 31, 2020. In Witness Whereof, ihe said grantor has signed and sealed these presents the day and year first above written. Signed, waled and delivered in our pres,,,nte: j:Scattl , oye T. Downey Address: 117 Summerfield..)rive„ Ponte Vedra }teach, Florida 32082 wutte.ss State of Florida County of Duval The tOregoing instrument was acknowledged before ire by means of X physical presence or online rotariintion, this day 0 May, 202 I, by, Joyce T. DI 'Wiley, who iralreportantetliricrown to Mit.4-01' who has produced cf!10 , =,= as identification. WADE MCK HAMPTON MY COMMISSION # GO 949990 i71 MIRES: May 72, 2024 Pudic Undieshats, 1.11-11.) Intl, 'dual Warranty Dcol - egal on Cue kle Ni I 110,002WII Notary Public Print Name: t -,-Or My Commission Expires: fv, .v ez, Agenda Item #4.B. 20 Jul 2021 Page 20 of 33 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 11R1r1* . 20 Jul 20. L AGENDA ITEM 4.B CASE NO. UBEX21-0004 Request for a use-hv-exception to allow a short term rental within the Central Business District zoning district at 372 Ahern Street. LOCATION 372 Ahern Street (RE# 169733-0010) APPLICANT 869, 873, 877 Charles Allen Drive, LLC, and John F. Glatting, III DATE July 20, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is the owner of the subject property. This property is zoned Central Business District (CBD) and is located on the south side of Ahern Street. It is located just west of the backside of the Shoppes of Northshore. The building at this site was originally built in 1923 as a residential house but has since been converted and is currently occupied by a commercial office. The applicant is seeking a use -by -exception to convert the space back to a residential unit for short term rental use. Short term rentals are defined as "any residential rental or lease the term of which is less than ninety (90) days. Short-term rentals shall similarly be considered to be commercial uses as are hotel, motel, motor lodge, resort rental, bed and breakfast or tourist court uses." Short term rentals are prohibited in residential zoning districts. Within the Central Business District (CBD), hotels, motels, and short term rentals are considered a use -by -exception which means they are not permitted by right but may be approved by the Community Development Board. �Iro�wi'�Ni�v� I umi ' � Illilli�wNlbXd i ilii CONSIDERATIONS 20 Jul 20. L Use -by -exception shall mean a departure from the general permitted uses set forth for the various zoning districts, which if limited in number such that these uses do not dominate an area, and when subject to appropriate conditions, may be acceptable uses in the particular area. Review of the application should consider the following: - The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the use - by -exception being requested. - General compatibility with adjacent properties and other property in the surrounding zoning district as well as consistency with applicable provisions of the comprehensive plan. - Number of similar businesses that exist in the area with consideration that such uses are intended to be an exception and not to excessively proliferate in one (1) area of the city. The Central Business District (CBD) is intended for low intensity, neighborhood scale commercial and retail and food service uses, and professional offices, which are suitable within the constraints of the existing development patterns of the district and which contribute to the commercial, civic and cultural vitality of the City of Atlantic Beach Town Center area. The central business district contains an established development pattern with a predominance of older structures built prior to the current requirements for area, setbacks, parking and other site related elements, and this character should be retained. Surrounding land uses are shown below. Adjacent uses include offices to the west and south, residential to the north, and a shopping center to the east. There are no other short term rentals or hotels within the CBD, however three hotels are within a short walking distance from this property; the Salt Air Inn, the Hotel Palms, and One Ocean Resort. Church) Llllup II��I„II I°I'' ti'IIIIIII�� I II III III„I II ,I I I III� II ��liil�� llil,��G�lllllllll I I � Ildl��ll � I Il,llll�,„+„!!!uul�lllllllllll� �II»IIIII��III�I 300' to Palms Hotel 1111 Hotel/Motel use Office uses Office use IIV��41' I"Iljl ��uuu ,,, l 11 11 1,1 llllllllll°I —900' to One Ocean Resort Shopping Center �., �,� � � �� w u,,, „„^„ P lu•ii i �•, � 1 ��, �u i a 'lu„""' III III �� . ,. i,�„ � w �� ^ ��,, �� Iluuu° Illllum I � � III I uuuupllllllll (lpllll IIID n i I lel i I „ , N ,,,,,,,u Illlllul ulllllluull VIII „..01 ,,ulullllllllllllllllflllll(„„,,,,,,,,,,,,,,,,,,,IIIIIIIIIIIIIIIIIIII!„II+ IIII'I�i`rl+�i, � �� IVIu�� IIIIIIIIIIIIIIIIII 1111111 „I„�Illulul ,,,,,IIIIIIIIIIIIIIIIIIIIIIIIIIIIII III I IIIIIIIIIIIIIIIIIIIIIIIIIII Illlllll llllllllllll illi ��'��II�Ii N �ll�� I � ,,,� , I u 111 Page 2 of 3 Restaurant 11 11R1r1* . 20 Jul 20. L SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use -by - exception (UBEX21-0004) to allow short term rental of a single dwelling unit within the Central Business District zoning district at 372 Ahern Street provided: 1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-115(c)(4) in that the proposed use is found to be consistent with the uses permitted in the CBD zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use -by - exception (UBEX21-0004) to allow short term rental of a single dwelling unit within the Central Business District at 372 Ahern Street: 1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-115(c)(4) in that the proposed use is found to be inconsistent with the uses permitted in the CBD zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 3 of 3 Page 24 of 33 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Adam McQuiston FOR INTERNAL OF ICE U LU J U f 202:L. FILE # ZVAR21-0010 EMAIL mcquistona@gmail.com ADDRESS 768 Vecuna Road CITY Atlantic Beach STATE FL ZIP CODE 32233 PROPERTY LOCATION 0 Tulip Street (RE# 170985-0000 / 170986-0000) PHONE # (904) 874-5536 CELL # 904 874 5536 RE# 170985-0000 / 170986-0000 BLOCK # 177 LOT # Lot 3 & 4 LOT/PARCEL SIZE 102 x 100' ZONING CODE RS -2 UTILITY PROVIDER JEA COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Residential Low PROVISION FROM WHICH VARIANCE IS REQUESTED 24-252(c) to allow crushed granite/gravel road in place of paved asphalt road. Note Tulip Street is a dead-end and no additional land is able to be developed. 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 24-65 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 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 oriainal plans. photoaraphs or documents that are not lara_ er than 11x17 inches are submitted. please provide eiaht (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 Adam McQuiston May 6, 2021 SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE SIGNATURE OF APPLICANT (2) Signed and sworn before me on this Identification verified: Oath Sworn: 0 Yes n No PRINT OR TYPE NAME DATE day of by State of Notary Signature County of 19 VARIANCE APPLICATION 08.25.2020 My Commission expires Page tJ33 r�'C 25 f JJ The following paragraph sets forth reasons for which a Variance may be approved, pliaig@geC• circumstances that apply to your request and briefly describe in the space provided. 201u1 2021 Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. O 1. Exceptional topographic conditions of or near the property. O 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. COAB is asking for property owner to pave and engineer a city road with asphalt in order to obtain a building permit . Neither of the homes (1040 Tulip or 1095 Tulip) were required to pave this road prior. It should be noted that 1095 Tulip was constructed less than 2 years ago. It is an extraordinary financial burden placed on the property owner to pave a city road and cost prohibitive. This is for access to a single family home. 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Tulip Street was never paved in completion by the City of Atlantic Beach, yet has 3 platted lots (2 of them occupied by homes). How is the burden put on the property/home owner to pave a city road? The improvement offered by the property owner (Adam McQuiston) of using gravel is a reasonable and fair alternative to a paved asphalt road and an improvement from the current condition to access a single family home. 5. Irregular shape of the property warranting special consideration. fl 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 08.25.2020 Page 26 of 33 ADDITIONAL COMMENTS: Agenda Item #4.C. 20 Jul 2021 See Additional comments, notes and images attached. 19 VARIANCE APPLICATION 08.25.2020 Page 27 of 33 Page 28 of 33 20 Jul 20: L CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.0 CASE NO. ZVAR21-0010 Request for a variance from Section 24-252(c) to develop a vacant property without extending the street LOCATION 0 Tulip Street (RE# 170985-0000/ 170986-0000) APPLICANT Adam McQuiston DATE July 20, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Adam McQuiston, the owner of three (3) vacant properties on Tulip Street. These properties are located on the east side of Tulip approximately 140 feet south of the intersection of W Plaza and Tulip Street. The properties are in the residential, single-family, (RS -2) zoning district. The applicant plans on building a single-family home on the western two properties and is requesting a variance to section 24-252(c) to vary the requirements to extend the street and by default requires a variance to section 24-252 (j) which requires a cul-de-sac at dead-end streets. The request is from section 24-252 (c) which states, "every lot, development parcel or new subdivision shall have access to a paved street dedicated to public use, which has been accepted and maintained by the city. It shall be the responsibility of the developer to design, construct and pave streets in accordance with the requirements of this division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city". This extension of the street creates a dead-end street. Therefore, a variance is needed from section 24-252 (j) which states, "dead-end prohibited except when designed as cul-de-sacs. street, designed to be so permanently, shall be Per Section 24-221 any new development or redevelopment shall contain improvements designed and constructed according to the code. This includes but is not limited to extending streets, water and sewer improvements. It is intended for the developer to construct these extensions in the right-of-way. This property is located approximately 140 feet from the south end of the pavement on Tulip Street. Vs? -114 ' 20. L property to the north, 1095 Tulip Street, developed in 2018, the City inadvertently missed the requirement for the street extension did not require the property owners to extend the street. The applicant is proposing to extend the existing gravel road approximately 150 feet and add concrete curbing. Section 24-252 (i) requires this 30 -foot right-of-way to have a min. of 10 feet of pavement. Section 24-252 (j) requires cul-de-sacs at dead ends. _ 1 dd (tel I-- -- 0 r 1 I 1 ,o rt rD rt 9 waa1� ,ansa^ w— 1 I A6I:8 11.32.,7]' FP4„a,T . LOCI( 177 1 ■ QdYCII MR,'�1' '� 1 i_CTS 3 ,AND 4 BLOC8. '177„ I;A,003,, 178, At. AEILIC BEACH SECTION H ACCOI'tP,10 '1'O 15l.A1 THF, AS REC�O.RO.11 IN PLAT 13.008. 1S .IF^AGE 34 OF f 19E L4llRRP.M! F",831„1.G IiLCO W'S. OF r U1fAYL "cl'701fv T1'. w" ,w\ J 1U 141. 7Bh1 P'Il1P.if,C PIA" 1�iN61 CNwSf T I'LW$I. it !^ 1 LOT3,, 'LOCI . AILANTIG =KKK'' rrWi�aws nwra•. C,1 L OT' 4, 1III44II0 K Ira ATLANTIC II +N "'Ir 1q 7 a02.a NAVVo 1 1 II.@r iw,ILLCICK 170 1IMANTIC iiiAcig NEO. 1c2 b• y"\jn"°br nc 4.'41144/4JJ.4,41.:.w L... .,._e.. ...",."...,.. ,.. .�. ,.� Page 2 of 5 I R� 702,14 20 Jul 20. L wa+r17aarc m Page 3 of 5 1111111111111111111111111111111111111 ■ ANALYSIS 20 Jul 20: L 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. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated, "COAB is asking for property owners to pave and engineer a city road with asphalt in order to obtain a building permit. Neither of the homes (1040 Tulip or 1095 Tulip) were required to pave this road prior. It should be noted the 1095 Tulip was constructed less than 2 years ago. It is an extraordinary financial burden placed on the property owner to pave a city road and cost prohibitive. This is for access to a single family home". (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Page 4 of 5 il,I!I� 1!I ulul lll' 11R . The applicant stated, "Tulip Street was never paved in completion by the City of Atlantic Beach29dt1 20. L has 3 platted lots (2 of them occupied by homes). How is the burden put on the property/home owner to pave a city road? The improvement offered by the property owner (Adam McQuiston) of using gravel with concrete curbing is a reasonable and fair alternative to a paved asphalt road and a vast improvement from the current condition". (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 ZVAR21-0010, request for a variance to Section 24-252 (c) 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. Or, The Community Development Board may consider a motion to deny ZVAR21-0010, request for a variance to Section 24-252 (c) upon finding this request is not consistent with the definition of a variance. Page 5 of 5