PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ADMINISTRATIVE VARIANCE – TYPE I B - STAFF PUBLIC MEETING STAFF REPORT 10/23/2014 AGENDA ITEM AVB-2014- 01735 CODE SECTION 5.B.1.A Accessory structures must be five feet from all established easements and may not be located within the required landscape buffer or within the required front or side street setback. REQUIRED 87.15 ft PROPOSED 78.3 ft VARIANCE 9 ft SITUS ADDRESS: 8566 112th Ter N West Palm Beach 33412 AGENT NAME & ADDRESS: Shayne Broadnix Urban Design Kilday Studios 477 S Rosemary Ave West Palm Beach FL 33401 OWNER NAME & ADDRESS: Elijah Rashaed 8566 112th Ter N West Palm Beach FL 33412 PCN: 00-41-42-23-00-000-1120 ZONING DISTRICT: Agricultural Residential (AR) BCC DISTRICT: 06 PROJECT MANAGER: Dylan Battles, Site Planner I LEGAL AD: LAND USE: Urban Design Kilday, agent, for Elijah and Michelle Rashaed, to allow an existing structure to encroach into the required front setback. Location: 8566 112 Terrace N approximately .467 mile south of Northlake Blvd on 112th Terrace North in the Rustic Lake Subdivision in the Agricultural Residential Zoning District. (Control 2014-37). RR-5 S/T/R: 23-42-41 PETITION #: 2014-00037 LOT AREA: 5 acres LOT DIMENSIONS: Approximately 680 feet x 320.50 feet CONFORMITY OF LOT: Conforming CONFORMITY OF ELEMENT: TYPE OF ELEMENT: Non-conforming ELEMENT SIZE: Approximately 86.6 ft x 28.3 ft BUILDING PERMIT #: None NOTICE OF VIOLATION: CONSTRUCTION STATUS: APPLICANT REQUEST: None Accessory Dwelling Existing To allow an accessory structure (accessory dwelling) to encroach into the required front setback. 7 STAFF SUMMARY FIGURE 1 AERIAL This property is located approximately .467 miles south of the intersection of Northlake Blvd and 112th Terrace North in the Rustic Lakes Subdivision. The subject site is situated in the Agricultural Residential Zoning District (AR) and has a Rural Residential 5 (RR-5) Future Land Use Designation. The new owner is seeking to construct a home that is consistent with other properties within the community. There are, however a number of constraints on the site that impact the ability to construct a new home or add on to the existing structure. Those constraints include: a large pond in the middle of the site that limits the area available for building; and the orientation of the existing residence. The applicant would like to convert the existing residence to an accessory dwelling and construct a new residence at the south portion of the site. The owner is requesting a variance to allow one corner of the existing structure to encroach 8.85 feet into the required 87.15 foot front setback (measured from base building line). With only a small portion of the corner encroaching into the set-back the request for variance is minimal. In addition, since the existing structure exceeds the 1,000 square foot maximum allowed for accessory dwellings modifications will be required. These modifications include removal of the roofed patio located at the rear of the structure and the conversion of the western portion to a storage area. The proposed primary structure and modifications to the existing structure have been approved by the Rustic Lakes Property Owners’ Association. Allowing the existing structure to be converted for use as an accessory dwelling will not confer special privilege to the owners, and it would be compatible with the rest of the neighborhood. 8 FIGURE 2 SURVEY 9 STAFF RECOMMENDATIONS When considering a Development Order application for a Type 1B Variance, the Zoning Director shall consider Standards 1 through 7 listed under Article 2.D.3.G.2 of the ULDC. The Standards and Staff Analyses are as indicated below. A Type 1B Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. Based upon the satisfaction of the Standards by the Applicant, Staff recommends APPROVAL of the request subject to 5 Conditions of approval. ANALYSIS OF ARTICLE 2, SECTION 2.D.3.G.2 VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: Yes. There are special conditions and circumstances that are peculiar to this parcel of land that are not applicable to the other parcels of land in the same zoning district. Factors that contribute to the need for a variance include the existing site conditions and orientation of the existing structure. There is a large pond in the middle of the site that limits the property owners' ability to increase the size of the existing structure. The orientation of the existing structure also imposes limitations. FIGURE 3 VARIANCE REQUEST 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: Yes. Special circumstances and conditions do not result from the actions of the applicant. The applicant is asking for what is typical for the surrounding area. The property was purchased as it currently exists with the constraints that have been previously indicated. The owners are not responsible for digging the pond or the orientation of the existing structure. Also, many of the surrounding properties have accessory dwellings. This variance would be within the context of the neighborhood and will not confer special circumstances to the owner not available to other property owners in this area. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: Yes. Granting the variance shall not confer upon the applicant any special privileges denied by the comprehensive plan and this code to other parcels of land, buildings or structures in the same zoning district. This is an existing condition that will not confer special privilege to the owners. The majority of the properties in the neighborhood have larger primary dwellings and accessory dwellings. The owner would be granted the same rights available to the other owners in the neighborhood. 10 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: Yes. Literal Interpretation and enforcement of the terms and provisions of this code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same district, and would work an unnecessary and undue hardship. Due to the conditions of the site, the current location of the structure works well as an accessory dwelling. A literal interpretation of the Code would require that the existing structure be demolished. This would deprive the applicant of the ability to enjoy their property in a manner comparable to that of their neighbors FIGURE 4 FRONT 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: Yes. Grant of the variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure. The request is to allow a small portion or corner of the existing structure to encroach the front setback. This is the minimum variance and allows for the reuse of a viable structure. The applicant is requesting to allow the existing structure to remain as it has since it was originally constructed. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: Yes. Grant of the variance will be consistent with the purposes, goals, objectives and policies of the comprehensive plan and this code. The intent of the Comprehensive Plan and the Code is to ensure consistent development patterns. The proposed use of the subject site is consistent with the Rustic Lakes rural development pattern. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: Yes. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The neighborhood is in a rural setting with large lots. The property in question contains five acres and the limited area that will remain in the front-setback is minimal in relationship to the overall size of the lot. As indicated previously the size of the structure will not be increased, but will remain as it has been since original construction. Granting this variance will not impact the surrounding area. FIGURE 5 REAR 11 DEVELOPMENT ORDER The development order for this particular variance shall lapse on October 23, 2015, one year from the approval date. A building permit shall be obtained by the applicant prior to October 23, 2015. (DATE: MONITORING: Zoning) ADMINISTRATIVE VARIANCE – TYPE I B – STAFF PUBLIC MEETING CONDITIONS 1. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance Approval along with copies of the approved Survey to the Building Division. (BLDG PERMIT: BLDG Zoning) 2. The roofed screen enclosure and the wooden enclosure located along the south side of the existing dwelling shall be demolished prior to the issuance of the Certificate of Occupancy for the new residence. (BLDGPMT/CO: ZONING - Zoning) 3. The access for the storage area in the existing dwelling shall be provided from the exterior only. (BLDG PERMIT: BLDG - Zoning) 4. A wall shall be required to separate the living area from the storage area. The wall shall comply with each of the following: a) The proposed storage area in the existing dwelling shall not be accesible from the main living area. b) The wall shall be constructed as a fire wall rated for 1 hour resistance. c) Only penetrations for A/C ducting and existing electrical in the attic shall be allowed. d) Punch outs or future openings shall be prohibited. (BLDG PERMIT: BLDG-Zoning) 5. On or prior 10/23/15 the Property Owner/Applicant shall have received the Final Building Inspection and received the Certificate of Occupancy. (DATE: MONITORING-Building) 12