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REVIEW COMMENTS 8.B.l REAM VARIANCE (ZNCV 03-004) ZONING CODE VARIANCE DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #03-108 Staff Report Planning and Development Board and City Commission Meeting Date: File No: May 27, 2003 ZNCV 03-004 Location: 710 SW 2ih Avenue (Lot 11, Block 9, Forest Hills Subdivision) Owner: Peter and Stephanie Ream Project: Rear addition to an existing single-family dwelling Variance Request: Request relief from Chapter 2, Zoning Section 5 C 2 a, requiring a minimum rear yard setback of 25 feet for a Single-family home within the single-family residential (R-1-AA) zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. BACKGROUND The subject property and surrounding neighborhood is zoned R-1-AA, single family residential (see Exhibit "A" - Location Map). The lot, developed in 2001, conforms to the current R-1-AA zoning district building and site regulations Currently, the subject neighborhood is mostly developed The property is located at the south side of Southwest 2ih Avenue with a depth of approximately 110 feet and a frontage of 80 feet. Staff surveyed the area and it was observed that the majority of properties along the south side of SW 2ih Avenue comply with the minimum rear setback requirement of 25 feet, as estimated by the straight alignment of the rear building lines with few exceptions The subject variance is requested because the applicant intends to expand the existing single-family home with a bedroom/bathroom addition (approximately 317 square feet). This planned expansion is consistent with new construction and redevelopment projects observed throughout the city ANAL YSIS The code states that the zoning code variance cannot be approved unless the board finds the following a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b That the special conditions and circumstances do not result from the actions of the applicant. Page 2 Ream Variance File No. ZNCV 03-004 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure f That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare (Exhibit liB" contains the applicant's response to the above criteria) Staff conducted the analysis focusing on items "a", lib" and "c" above, which require that the request is initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the granting of the variance would not confer on the applicant any special privilege that is denied by the regulations to other properties within the same zoning district. According to the applicant's response to the above-criteria, the applicant stated that other properties in the neighborhood do not have the same setback restrictions Therefore, the applicant feels that he is also entitled to the same privilege, and accordingly, has provided a proposed site plan depicting the proposed addition (see Exhibit "C" - Survey and Proposed Site Plan). Staff researched City records and was unable to confirm that any similar variances for setback reductions have been granted within close proximity to the subject property In the last twelve (12) years, two (2) variances for rear setback reduction have been submitted, and both have been denied due to lack of hardship The subject request has been initiated for the sole expansion of a home situated on a standard lot within this neighborhood. Therefore, the applicant, solely for individual benefit, has generated the circumstances. Given that the subject property has been improved with a single-family home, and occupied since 2001, and since most other lots in the immediate vicinity have dimensions similar to the subject lot, criteria items "a", lib", "C" and lie" are not met. Further, since the necessity of the variance has been caused by the proposed home expansion, condition lib" above is also not satisfied Staff has observed that several homes in the neighborhood have rear building lines that appear to encroach into the rear yard setback of 25 feet. However, no public records could be located related to proper permitting and/or date of improvements. Staff assumes that due to the age of most homes in this area, many of the observed improvements in the neighborhood may have pre-dated the current setback regulations. CONCLUSIONS/RECOMMENDATION Staff recommends that the request for relief from Chapter 2, Zoning, Section 5,C.2.a , to allow a 20-foot rear setback and a five (5) foot variance within the R-1-AA zoning district, be denied Page 3 Ream Variance File No. ZNCV 03-004 due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements and unit layout on a standard platted lot. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "D". Staff understands that the applicant is in need of extra living space within the subject home, however, staff recognizes that the layout of this unit is built to the extent of the R-1-AA district setback regulations leaving no opportunity for future expansion. In order to achieve additional living space, a substantial redesign of the structure would be needed, resulting in significant cost to the applicant. Staff also recognizes that past variance requests have been reviewed by the city using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home expansions, and characteristics of surrounding properties. For this reason, if the Board and City Commission support this request, staff offers the following information for consideration. 1 The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district; and 2. Staff has received no letters of objection, but received only letters of support from adjacent property owners Specifically, those letters are from the abutting property owners to the west, the south and east of the subject property, which would be the most impacted by the proposed expansion MR/mda J'\SHRDA T A\Planning\SHARED\WP\PROJECTS\Ream Variance\ZNCV 03-004\ST AFF REP .doc Ir'____~- --i II ~----4--- , I " I 1 " I I \ i 1,- ~ -CII \ r-- r-- M- ,--------j 1 1- -+- :;s L,~ '11l_ ~-- I' 'I II!~ ~ - ~ I!_ -I~_ 1\ !c-_ '" , I', ' ',- I I '1 , I I - It-' ~'T- : Ir-- !"_~_~ \ ~-+- 1'1" , I! I\~II '! \ ,- ~ -- , - - L -_ _ . ~fItLFF, M/E-...___ 1_ ___~ ' . -__L---- - - - -,J\ _ _ , ___ --- --_ ~- - 19tIJSITE -:_- --: - , ~-- I \ I ' ' 1 I ' I \ II' \ I ' 1! 'j 'I ' I T , , I -I-- - _I -! I ! , j L r -, , , , ! 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Respond to the six (6) questions below (A-F) . A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. We bought our house from a previous owner. At the time we had 1 child. The main house has 2 bedrooms and 2 baths The previous owner laid the patio at the 20-foot setback. If we could extend an addition to the patio this would give us enough room to add an addition that would make room for our future family members (a new baby on the way!) This would not be an addition across the entire back of the house. It would be on one side of the house measuring 22 feet, 10 inches across the back of the house The yard is completely fenced in with a hedge around it. This blocks the views of our neighbors from us and us from them. B. That the special conditions and circumstances do not result from the actions of the applicantj Again we did not build this house and have tried to find other ways to deal with this, besides having to sell our home and move (and we love our neighborhood) ! C. That granting the variance requested will not confer on the applicant with any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning districtj There are many other homes in the neighborhood that do not have the same setback restrictions. I also have letters of support from surrounding neighbors in regards to our planned addition. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicantj Again, there are many other homes in the neighborhood that do not have the same setback restrictions. I had the city clerk's office pull all of the variances granted in the Chapel Hill neighborhood and many have been granted over the years. ., EXHIBIT "B" E. That the variance granted is the minimum variance that will make possible the reasonable use of land, building or structure; I have spoke to an architect and we tried to figure all of our options. The way the house is laid out we would be able to build the addition with only needing to obtain a 5-foot variance to make a comfortable bedroom and bathroom for our new baby and future children. I feel this would accommodate our family after the birth of our second child and any there after for many years to come. We are a young couple and would like for our children to grow up in this home. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare The yard is fully private because of the fence covered by the hedge. The addition would blend with the rest of the house, and would make it both look attractive from the outside and be functional on the inside Again other homes is the same area were not required the same setbacks ulrON LAND SUR~ORS EXHIBIT "e" 500 Gulfstream Boulevard - Suite #103B Delray Beach, Ronda 33483 Office: 561 276-7575 - FAX: 561 276-6621 A..ORJD^ ST^ TE BOARD OF PROflffiONN. 9JR VF.YORS AND MN'PIJtS NO.l.B0007114 (50' TOTAl.. RjW.) S.W. 27th AVENUE -------~----- 20' PAVEMENT o ll"i N o ll"i N FIR. 1/2- No 1.0. 17.8' 15' PARKWAY FIR. 1/2. No 1.0. b b " <Q ll"i iii N N <Q C7!, 19.10' 7.80' 2 17.8' 22.20 ~ aq c:;:;~ ~ o 1"'1 c::i LO Poo.. 0"1 ~ u e .-J CD 1- STORY Res. , 710 N iii CONC. -U') U') . ..- ..- ..- ...-i 27.70' C"l 7.70' l- e ---l 0.40' 14.35' 46.00' 'b r- ...-i .t ;.... ll"i 14.2 CONe. 19.8' 0.60' 80.00' (M) ------------- 6' U.E. flR. 1/2 No 1.0. ~ q L _-;. 170.80' (M) - -(j) flR. 1/2. No 1.0. BLOCK CORNER ..- o o ..- ..- 0.80' 0.80' flR. 1/2- No to. 0"1 ~ u e .-J CD cS l- e .-J J!J ~J.! ~~~ :l!~ :;!...~ fit Ii j1i . .~'t 'COo,. 81 ~ : J jJ~ ~ ~J~ will ~ iii @ MANHOLE (M.H.) WI CATCH BASIN (C.B,) f-ANCHOR a GUY -Legend- t1 FIRE HYDRANT (F H.) o WATER METER (W M ) \jI CABLE T.V. (CATV.) BENCHMARK REFERENCE: SHEET Z OF 2 SHEETS C' Scale: J "~ 20' LOT 6, BLOCK 9 NiA o :,.. q u,'f{ VltUJ~ ( ~ LmON LAND SUR~""~ EXHIBIT ."e' 500 Gulfstream Boulevard _ Suitee~g~OSED SITE PLAN Delray Beach, Rorida 33483 Office: 561 276-7575 - FAX: 561 276-6621 A...OIUD^ Sf ^ TE BONtD OF PROfImONN.. ~JR VEYORS AND MN'f'I RS NO.I.B0007IH (50' TOTAl R/W.) S.W. 27th AVENUE -------+------ 20' PAVEMENT FlR. 1/2- No 1.0. FlR. 1/2" No 1.0. c .n N .n N 17.8' IS' PARKWAY b b r-- co iii .n N N 2. 7.80' 2 17.8' 22.20 b - 170.80' (M) --{!) RR. 1/2- No 1.0. BLOCK CORNER en ~ <...> o -.J CD 0 <<! r") c:;:j ~ ci ~ en LO ....- ~ -1.0 1- STORY N CONC. or- U 1.0 Res. , 710 i.n .n 0 e .- 0 ---l or- ...-:i 27.70' CD or- or- or- ..- c5 N 80.00' (M) I~. I- 0.40' o -.J 46.00' lAse of 3tnc.chu-t 'S - ~'\...J bC\./11. rcc -"1 . fle:va,:hOh "f Ic;,.Jqr f,,,,<ottvl ~I~III" IS J'Oll.I\J l~ve,l. ~ ~ ~ V5 R ------- 0.60' --------- 6' U.E. FlR. 1/2 No 1.0. ~ o. Scale: J )/ -= 2a . LOT 6, BLOCK 9 SHEET -Legend- @ MANHOLE (M.H.) t1 FIRE HYDRANT (F H.) 1m t'^T(,U l'I^~I"" I,.. A 1 r1 WJl.T&:'D U&:'T&:'D IW U 1 BENCHMARK REFERENCE: WI l- e -I 0.80' ,~ 'I::> V'1 ..... ~ r' :3 ~ A 0.80' FlR. 1/2- No 1.0. ~~j :z:"<< ~).! 1't11 't 't ~~f! tJ: ~ ,,~~ ~ is (J :5 I 'f' ~ Jij WIll C) a:::::" ~ III OF 2 SHEETS EXHIBIT "D" Conditions of Approval PrOject name. Ream Variance File number ZNCV 03-004 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments. None PUBLIC WORKS- Traffic Comments. None UTILITIES Comments. None FIRE Comments: None POLICE Comments' None ENGINEERING DIVISION Comments' None BUILDING DIVISION Comments' None PARKS AND RECREATION Comments. None FORESTER/ENVIRONMENTALIST Comments. None PLANNING AND ZONING Comments. None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments 1. To be determmed. ADDITIONAL CITY COMMISSION CONDITIONS Comments. 1. To be determmed. S '\Planning\SHARED\ WPIPROJ ECTS\Ream VariancelCOA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc