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HomeMy WebLinkAboutcocc_boa_mtg_agend_pkt_20220922 CAPE CANAVERAL BOARD OF ADJUSTMENT (BOA) City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 September 22, 2022 6:00 P.M. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION The Board of Adjustment (BOA) will allow public comment on any item on the agenda at the time each agenda item is considered by the Board, with the exception of ministerial items (e.g., approval of agenda, minutes, informational items, or ceremonial proclamations), emergency items and other items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida Statutes. Quasi-judicial items shall require a public hearing, and public comments will be accepted at the time the hearing is opened. The Board ordinarily will not take any official action under the “Reports and Open Discussion” section of the agenda and, accordingly, public comment on these items will not ordinarily be accepted. Should any official action be deemed necessary on an item under “Reports and Open Discussion” or an item added to the agenda during the meeting, public comment will either be accepted prior to official action being taken or will be accepted when the item is placed on a future agenda for further consideration. The Board may limit citizen comments to three (3) minutes if large numbers of citizens are present to comment, except when additional time is required to afford due process for quasi-judicial items. OLD BUSINESS NEW BUSINESS A.Board Matters: Approval of Meeting Minutes – April 8, 2021 B. Quasi-Judicial and/or Public Hearing: Consideration and Action on Variance No. 2022-01; John Dean, Applicant, is requesting a variance to reduce the required side yard setback from 10 feet to 6.9 feet along the western property line (3.1 foot variance) for property located at 303 E. Central Boulevard. REPORTS AND OPEN DISCUSSION ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community and Economic Development Department (868-1220, ext. 117) 48 hours in advance of the meeting. City of Cape Canaveral Board of Adjustment Meeting Date: 9/22/2022 Item No.___________ Subject:VarianceNo. 2022-01 is a request for a variance of 3.1 feet from the required side setback of 10 feet for property located at 303 E. Central Boulevard (see Attachment 1). Department: Community and Economic Development (CED) Applicant/Owner:John Dean Summary: The owner of property located at 303 E. Central Boulevard, is requesting a variance of 3.1 feet from the required 10-foot side yard setback (10% of lot width) for this property which is located in the R-1 zoning district. If approved, the resulting setback would be 6.9-feet on the western property line (Attachment 2). The variance will facilitate the construction of an addition to the existing single-family home. Based upon information contained in the Brevard County Property Appraiser’s website, the existing structure was built in 1987. The applicant purchased the property in 2021. As indicated on the submitted survey (Attachment 3), the house is 10 feet from the western property line and 9.1 feet from the eastern property line. In 1987, the City issued a building permit to construct the existing single-family structure, as well as a permit for an addition on the northwestern part of the structure in 2005. The proposed addition to the western side of the structure is estimated to be approximately 120 square feet. The addition will be flush with the existing structure. However, due to the unique configuration of the lot, the addition will create a setback encroachment. Therefore, a variance is needed for the western side setback requirement of 10 feet. Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance is being considered. The existing structure is considered nonconforming as it does not meet setback requirements. As a result, the proposed addition represents an expansion of a nonconforming structure, which is in conflict with criteria established in Sec. 110-193 and Sec. 110-37 of Code. For a detailed analysis of the application’s compliance with the criteria, please see the Staff Analysis and Worksheet (Attachment 4). Subject Property Future Land Use/Zoning Designation: R-2 Surrounding zoning: Surrounding uses: North – R-1 (across E Central) North – Single-family Residential South – R-1 South – Single-family residential East – R-1 East – Single-family Residential West – R-2 West – Multi-family Residential Board of AdjustmentMeeting Date: 9/22/2022 Variance No. 2022-01 Page 2 of 2 Attachments: 1 – Location Map 2 – Application/Rendering 3 – Survey 4 – Staff Analysis and Worksheet – Variance No. 2022-01 The CD Staff recommends that the Board of Adjustment take the following action: Deny the requested variance due to its inconsistency with criteria established in Sec. 110-193 and 110-37 of Code. Approved by CD Director: David Dickey Date: Attachment 1 Attachment 4 City of Cape Canaveral Variance Worksheet Variance #2022-01 Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary to the public interest and when, conditions are peculiar to the property and not the result of the actions of the applicant, and a literal enforcement of the code would result in unnecessary and undue hardship. All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criteria: 1.That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The subject parcel is configured in such a manner that the application of the minimum side yard setback standard in R-1 limits the buildable area of the parcel in a way that does not apply to other lots in the surrounding area. Rather than the rectangular shape that is typical of single-family platted lots in the area, the western property line jogs inward easterly toward the existing structure. The front property line is approximately 105 feet is width, while the rear property line is approximately 95 feet in width. At the “peak” of the jog, the parcel narrows to approximately 78 feet in width, which is a 26 percent reduction from the width of the parcel along E. Central Boulevard. This is a unique configuration in relation to similar single-family parcels in the district. 2.That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant. Lots commonly found in the R-1 district are more rectangular and therefore afford more usable area in the side yards. Due to the configuration of this parcel, the proposed addition, which would otherwise be allowed if the lot were rectangular in shape, is not allowed. Applying the 10-foot side setback requirement to other lots in the area would result in a separation distance of at least 20 feet between structures. There will be approximately a 23-foot separation between the new addition and the multifamily structure to the west at 299 E. Central Boulevard (these measurements are estimates taken from the Brevard County Property Appraiser Office (BCPAO) website). City of Cape Canaveral Variance Worksheet – Cont’d Variance #2022-01 Note that the structure is 9.1 feet from the eastern property line. This results in the structure being nonconforming, as the required side-yard setback on this property is 10 feet. According to Sec. 110-193 of Code, a nonconforming structure shall not “be enlarged or altered in any way which increases its nonconformity.” Staff maintains that if the variance were granted, the structure’s nonconformity would increase, in conflict with this Code provision. 3. That the special conditions and circumstances referred to in item (1) above do not result from the actions of the applicant. According to the BCPAO website, the subject lot has existed in its current configuration since at least 1986 per the legal description on a warranty deed from that year. The building permit for the structure was issued in 1987. The applicant purchased the property in 2021, with the current lot configuration. However, the variance is being requested to facilitate an addition to an existing nonconforming structure. This represents a self-created hardship. 4. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or building in the same district. Approval of the request would allow the expansion of a nonconforming structure, which is prohibited by Code. The majority of lots containing single-family homes in the area have the typical rectangular configuration that generally provides more buildable area. Due to the unique configuration of the parcel, the variance is requested. 5. That the reasons set forth in the application justify the granting of the Variance, and that the Variance, if granted, is the minimum that would make possible use of the land, building or structure. The applicant has provided responses that speak to the requisite criteria. The addition will not result in additional width to the overall footprint of the structure. 6. That the granting of the Variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The proposed addition will not significantly expand the building’s footprint in such a way that would be out of harmony with the character of the neighborhood. The applicant intends to construct a 120 square foot addition, bringing the total square footage of the structure to approximately 2,725 square feet. Other homes in the area are of a similar size.