BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: May 6, 2024
Agenda Date: May 15, 2024
Prepared By: Lucilene Ribeiro - Planner
Through: Stockton Whitten, City Manager
Requested Action:
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Consideration of a variance from Appendix A, Zoning, Article XI, Section 22 (I), Design Districts and Building Types, to allow for an 8-foot reduction to the required 10-foot side yard setback and 3.6-foot reduction to the required 10-foot rear yard setback
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BACKGROUND:
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Date: |
May 7, 2024 |
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Project No.: |
PZ# 24-0800002 |
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Meeting Date: |
May 15, 2024 |
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Project Planner: |
Lucilene Ribeiro, Planner |
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Subject Property: |
638 Brevard Ave |
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Applicant: |
Chris Hyskell 30 Lime Ave Cocoa, FL 32955 |
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Owner: |
Chris Hyskell 30 Lime Ave Cocoa, FL 32955 |
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Notice Provided: |
Notice of the public hearing was provided by publishing in the newspaper on April 30th, 2024, posting the property and mailers to property owners within 500 feet. |
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Requested Action: |
Consideration of a variance from Appendix A, Zoning, Article XI, Section 22 (I), Design Districts and Building Types, to allow for an 8-foot reduction to the required 10-foot side yard setback and 3.6-foot reduction to the required 10-foot rear yard setback in a single-story commercial building in the Cocoa Waterfront Overlay District. Tax Parcel ID: 24-36-33-85-*-A. |
I. Project Information
The applicant is requesting a variance for the side yard and rear yard setbacks to allow for an accessory structure on a property located at 638 Brevard Ave, zoned CBD-CVO Zoning District. with a Mixed-Use FLU designation. This new family and pet-friendly outdoor bar will operate with an existing barber shop and be mainly located on the east side of the parcel.
The applicant constructed a paved patio at the rear side of the main structure and installed canopies to create a sun-shaded area without obtaining building permits. Five (5) wood posts for the sunshades are located on the Northeastern side, seven (7) on the southeastern side, and seven (7) between the northeastern and southeastern sides for a total of nineteen (19) wood posts, from which twelve (12) are encroaching the 10-foot setback.
The City Code requires an accessory structure distance of 10 feet from the side lot line and 10 feet from the rear lot line. The wooden posts installed are considered an accessory structure due to their semi-permanent state, thus triggering the need for the variances specifically for the side and rear posts.
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Future Land Use Designation: |
Mixed Use |
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Zoning District: |
CBD-CVO |
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Existing Land Use: |
Personal service establishment- barber shop |
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Council District: |
District 1 - Councilmember Goins |
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Overview of Surrounding Area: |
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Future Land Use Designation |
Zoning District |
Land Use |
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North |
Mixed Use |
CBD-CVO |
Commercial and Residential |
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South |
Mixed Use |
CBD-CVO |
Residential |
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East |
Mixed Use |
CBD |
Residential |
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West |
Mixed Use |
CBD-CVO |
Commercial |
II. Staff Analysis
In accordance with Article XVI, Sec. 3, in order to obtain a variance, the Board of Adjustment shall make findings that the following have been demonstrated by the applicant:
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, buildings, or structures in the same district.
Staff Finding: No special circumstances on the property would justify the location of the posts installed on-site. The applicant installed the structure before obtaining site plan approval and building permits.
B. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
Staff Finding: Staff believes that before construction, the initial design could have been modified to comply with setbacks requirements, and there are no other variances granted on the surrounding area.
C. That special conditions and circumstances referred to in "A" above do not result from the actions of the applicant.
Staff Finding: The conditions and circumstances described in item ‘A’ result from the applicant completing construction on the property without complying with City Code.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or dwellings in the same district.
Staff Finding: Staff’s position is that the granting of this Variance will not confer a special privilege for the applicant. However, it is important to note that this request comes after the accessory structures were installed.
E. That the reasons set forth in the application justify the granting of the variance; and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
Staff Finding: Staff believes the applicant has failed to justify the need for a variance as there is space on the property to relocate the post and provide sunshade to patrons. Nor has the applicant demonstrated that the requested reductions are the minimum necessary to make reasonable use of the property.
F. That the granting of the variance will be in harmony with the general purpose and intent of this ordinance will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Staff Finding: Staff’s finding is that the granting of this variance will not be in harmony with the existing neighborhood in both form and function and will have a detrimental effect on the public welfare. In fact, granting such a variance would also conflict with the City Code, specifically Appendix A- Zoning, Sec. 22 (I) (3). Lot regulations under the regulating plan specify, "In no case shall an accessory structure exceed the height of the primary structure on the parcel.” The wooden posts are at a taller height than the primary building.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDED MOTION:
Recommendation
Staff recommends Denial of a Variance request from Appendix A, Zoning, Article XI, Section 22 (I), Design Districts and Building Types, to allow for an 8-foot reduction to the required 10-foot side yard setback and 3.6-foot reduction to the required 10-foot rear yard setback for an accessory structure on a single-story commercial building lot in the Cocoa Waterfront Overlay District.