CITY COMMISSION REPORT (and Planning Board Report) For Meeting Scheduled for November 7, 2013 Vested Rights Special Permit Resolution

Transcription

1 CITY COMMISSION REPORT (and Planning Board Report) For Meeting Scheduled for November 7, 2013 Vested Rights Special Permit Resolution TO: FROM: Mayor Dave Netterstrom, and City Commission Members Zach Montgomery, Development Services Director DRAFT BY: Dan Connor, AICP, City Planner RE: Vested Rights Special Permit for Skogsberg Residence/ Duplex Location, 113 Oak Avenue; Case# ; PUBLIC HEARING DATE: October 30, 2013 Summary Reason For Hearing: The Applicant has a duplex facility, which is nonconforming, relative to structure setbacks, and residential density, on this small lot. The existing building is deteriorated, and in need of plumbing and electrical repairs. The Board of Adjustment (BOA) granted setback variances, to allow for a second floor expansion, for purposes of repair, and to allow for a modest increase in habitable space. With those variance approvals, the BOA directed (via conditions) the land owner to obtain a vested rights special permit, which would then enable issuance of permits. On October 7, 2013, the Planning Board heard, and then recommended approval of this vested rights request, and Resolution Owner/Agent: Cynthia Skogsberg, Owner/ Applicant Project/Location: Skogsberg duplex/ 113, 115 Oak Avenue Area: 7,500 square feet + Land Use/Zoning: Moderate Density Residential/ RM-1, Multifamily Residential zoning district A. Summary of Project The Applicant owns a corner- lot duplex, at 113 Oak Avenue, in RM-1 zoning. The subject property ( Property ) lies in an older neighborhood, and the duplex was constructed in The Property area is 7500 square feet. The Property includes two dwelling units, with carport for each unit. The Owner lives in one side, and rents the other side. The Applicant seeks to remodel the primary structure, by razing a portion of the duplex, and rebuilding with a second story. K:\userdata\SHARED\Building Department\CASES\2013\Oak_VestRight\PB_CC_documentsCCStaff_OakAve_with_attach ( ) - 1 -

2 Construction Plans. As written above, the Applicant seeks to remodel the primary structure, by razing a portion and rebuilding with a second story. An excerpt of the survey/ site plan is presented as Attachment C. At the October 7, 2013 Planning Board meeting, the Applicant said that the purpose of the second floor expansion would be to allow for attic/ utility space, and to allow for a modest increase in habitable floor area. A summary of the proposed construction might be: Demolish 832 sq ft of ground floor Rebuild 780 sq ft of ground floor Construct second story over existing 30x50 structure Demolish/ reconstruct two carports In June 2012, the Applicant filed for a building permit (Permit# ), which staff could not approve, at the time, due to the setback encroachments. However, the Applicant successfully obtained variances, which will allow for this project, so long as the Applicant also receives a vested rights special permit. 1 B. Project/ Site History [Reference: Applicant s Narrative, dated , for variance applications] The Applicant writes that the duplex is 53 years old, and the water lines have deteriorated. The existing plumbing exists under the slab, and so replacement could be a costly and disruptive procedure. Consequently, in early 2012, the Applicant/ Owner decided that the most cost effective actions would be to leave the deteriorated systems in place, and remodel, adding a second floor, and place the new water pipes and electrical systems in the attic. The Applicant filed for a building permit, and obtained approvals for the variances, indicated below: Case # : Variance to allow placement of second floor construction at a south street side (front) yard setback of 4.0 feet, instead of the minimum required 15 feet. Case # : Variance to allow placement of second floor construction at a north side yard setback of 5.8 feet, instead of the minimum required 7.5 feet. If the Applicant receives a vested rights special permit, then this action will satisfy one of the Board of Adjustment conditions. C. Vested Rights Information This request exists because of the nonconforming density, and the desire of the Applicant to perform major repairs, expansion or reconstruction. Part of the Applicant s proposal is, to add a second floor, with some habitable space, and to allow for placement of some utilities. At 7,500 square feet, the tract is small, and has land area to support only one dwelling unit. With two dwelling units, the site is over- density. The City s land development regulations would not normally allow for the extensive improvements, which are needed. However, under the Vested Rights Special Permit provisions, the City has the ability to allow for 1 Staff does not include copies of these Decisions with this briefing paper. At the meeting, staff will have copies available of the Board of Adjustment Decisions for interested City Commission members. If you require a copy before the meeting, please contact Kelley Handwork, in the Building Department. K:\userdata\SHARED\Building Department\CASES\2013\Oak_VestRight\PB_CC_documentsCCStaff_OakAve_with_attach ( ) - 2 -

3 extensive repairs and/ or reconstruction, if the Applicant can show that he has significant investment in the property. Consequently, the Applicant requests Vested Rights Special Permit acknowledging the right to reconstruct two dwelling units on 7,500 square feet. In these circumstances, the City may apply provisions of City Charter Section 6.11, which allow for reconstruction, as may be provided in the city comprehensive plan. The City may choose to apply one Policy I.4.2, to allow for reconstruction. This Policy I.4.2 may be successfully applied if both the Planning Board and City Commission make certain findings: (1) the impact of the inconsistencies on surrounding consistent uses is minimal and not detrimental to the public health, safety and welfare; (2) the status of development as to its consistency with the comprehensive plan may be waived; and (3) a determination that the impact of the inconsistencies may be substantially mitigated, in which the development may attain consistent status by implementing the required mitigation measures. Under the City Charter and Comprehensive Plan, the City has a great deal of latitude in both allowing construction of the units, as well as setting standards for redevelopment of the property. The attached Resolution, as drafted, authorizes the units and use on the property and also requires certain conditions and allowances for redevelopment of the land. The Applicant s Narrative, and justification for this vested rights request might be summarized as follows: The existing duplex is old, antiquated in design, and in need of extensive repairs. These units are three bedroom, one bath, units. The Applicant/ Owner believes that the most cost effective actions would be to leave the deteriorated systems in place, and remodel, adding a second floor, and place the water pipes and electrical systems in the attic. The Applicant purchased the Property for approximately $157,000. A need to replace water lines will cost $15,000, or more. Anticipated roof repairs will cost $18,000 or more. The north unit requires additional repairs, so that it can be rented. Due to the age of the structures, the insurance keeps rising. The Applicant has learned that the insurance company is willing to reduce the cost of insurance, if the structure is upgraded. D. Planning Board Review/Recommendation The Planning Board reviewed this request, in the October 7, 2013 public hearing. By unanimous vote, the Planning Board voted to approve, with the motion below. The Planning Board also recommended the conditions, and staff added these to Resolution The Board motion, which carried unanimously, was, I move to recommend to the City Commission, that the petition, Case# , Oak Avenue vested rights, is consistent with Comprehensive Plan Policy I.4.2, and APPROVE Resolution Pursuant to LDC Section 7-27A, the Planning Board recommends the following standards of development and conditions: a) The Petitioner must apply for building permits and accomplish substantial construction, on or before November 7, 2014, or this vested rights permission may expire. b) Construction must be compliant with and subject to conditions those Board of Adjustment conditions, under Case No , and Case No c) Following city issuance of a certificate of occupancy or certificate of completion, then these two dwelling units shall be considered to be in existence for purposes of application City Charter Section 6.01 and City Comprehensive Plan Policy I.4.2 K:\userdata\SHARED\Building Department\CASES\2013\Oak_VestRight\PB_CC_documentsCCStaff_OakAve_with_attach ( ) - 3 -

4 d) Building construction will need to meet the requirements of the Florida Building Code or other City building codes in effect at the time of building permit application. e) This Special Permit does not constitute an undeniable right to obtain a building permit or site plan approval. All other local, state and federal regulations remain in full force and effect. 1. Key Facts/Issues for Discussion Key facts are identified in this briefing paper. The Planning Board unanimously recommended approval of this petition. 2. Costs Costs associated with this request include public notice advertising costs, staff review time, and Development Services staff time associated with preparing Planning Board and Commission packets. 3. Savings Not applicable. 4. Source of Funds Not applicable. 5. Communications One public hearing before the Planning Board occurred. Staff advertised this November 7 public hearing, for the City Commission. Staff noticed these public hearings using newspaper advertisements, and by sending notices to surrounding property owners, via US regular mail. 6. Environmental Impact The duplex land use has existed since As a result, there should be no environmental impact, relative to accomplishing repairs and/ or reconstruction. 7. Department Representatives Zach Montgomery, Development Services Director Dan Connor, AICP, City Planner 8. Recommendations The Planning Board recommends approval of Resolution If the City Commission concurs with the Planning Board recommendation to APPROVE, then a motion could be: I move to find that the petition, Case# , Oak Avenue vested rights, is consistent with Comprehensive Plan Policy I.4.2, and adopt Resolution K:\userdata\SHARED\Building Department\CASES\2013\Oak_VestRight\PB_CC_documentsCCStaff_OakAve_with_attach ( ) - 4 -

5 9. Recommended Motion for Commission If the City Commission concurs with the Planning Board recommendation to APPROVE, then a motion could be: I move to find that the petition, Case# , Oak Avenue vested rights, is consistent with Comprehensive Plan Policy I.4.2, and adopt Resolution , subject to the conditions, written in the October 29, 2013 briefing paper. a. The Petitioner must apply for building permits and accomplish substantial construction, on or before November 7, 2014, or this vested rights permission may expire. b. Construction must be compliant with and subject to conditions those Board of Adjustment conditions, under Case No , and Case No c. Following city issuance of a certificate of occupancy or certificate of completion, then these two dwelling units shall be considered to be in existence for purposes of application City Charter Section 6.01 and City Comprehensive Plan Policy I.4.2 d. Building construction will need to meet the requirements of the Florida Building Code or other City building codes in effect at the time of building permit application. e. This Special Permit does not constitute an undeniable right to obtain a building permit or site plan approval. All other local, state and federal regulations remain in full force and effect. Legal Description Lot 20, Block 117, PLAT OF EIGHTH ADDITION TO COCOA BEACH, Plat Book 11, Page 25, as recorded in the Public Records of Brevard County, Florida; Area: 7,500 square feet Exhibit Resolution Attachments A. Vicinity/Zoning Map B. Applicant s Narrative, and support documents C. Excerpt of survey Copies Cynthia Skogsberg 1725 Walnut Avenue Winter Park, FL Cskogsberg1@cfl.rr.com City Attorney K:\userdata\SHARED\Building Department\CASES\2013\Oak_VestRight\PB_CC_documentsCCStaff_OakAve_with_attach ( ) - 5 -

6 THE FOLLOWING THREE (3) PAGE ARE: Exhibit (draft) Resolution

7 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA, GRANTING VESTED RIGHTS SPECIAL PERMIT PURSUANT TO LAND DEVELOPMENT CODE CHAPTER VII, ARTICLE III, FOR THE PROJECT KNOWN AS SKOGSBERG RESIDENTIAL DUPLEX ON PROPERTY LOCATED AT 113, 115 OAK AVENUE; ACKNOWLEDGING THE RIGHT TO RECONSTRUCT TWO DWELLING UNITS IN THE RM-1, MULTIFAMILY RESIDENTIAL ZONING DISTRICT, SPECIFYING THE STANDARD FOR DEVELOPMENT ON THE SUBJECT PROPERTY AND SETTING CONDITIONS; PROVIDING FOR INCORPORATION OF FINDINGS AND RECITALS; REPEALING ANY PRIOR ORDERS OR PERMITS THAT ARE IN CONFLICT WITH THIS RESOLUTION; AUTHORIZING THIS RESOLUTION AS A FINAL ORDER; REQUESTING DISTRIBUTION OF THE APPROVED RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cocoa Beach Code Appendix B Land Development Code Chapter VII, Article III, provides for consideration of a determination of vested rights; and, WHEREAS, Petitioner, Cynthia and Eric Skogsberg, owns a certain tract of land legally described herein and has made application for Vested Rights Special Permit determination with said application assigned Case No ; and, WHEREAS, the Petitioner owns property at 113, 115 Oak Avenue, said property having an area of approximately 7,500 square feet, and having a City Comprehensive Plan Future Land Use designation of Moderate Density Residential, and an Official Zoning Map designation of RM-1, Multifamily Residential; and, WHEREAS, the Petitioner received related variance approvals from the Board of Adjustment, on July 18, 2012, under Case No , and Case No , which would otherwise allow for reconstruction or repairs on two dwelling units; and, WHEREAS, the Planning Board considered this request in an advertised public hearing on October 7, 2013, and recommends approval of this petition; and, WHEREAS, the City of Cocoa Beach City Commission considered this request in an advertised public hearing on November 7, 2013, and upon presentation of evidence finds that a vested right exists and desires to grant the Petitioner s request for a Vested Rights Special Permit; C:\Documents and Settings\kh2948\Local Settings\Temporary Internet Files\Content.Outlook\GQ0UWTIB\ Oak Vested Rights.doc and,

8 WHEREAS, the City finds that the Petitioner has demonstrated that he has expended significant investment in the property, and plans further substantive investment for extensive repairs and/ or reconstruction, and so has certain rights, under City Charter Section 6.01 to continue to enjoy two residential dwelling units; and, WHEREAS, in accordance with City Comprehensive Plan Policy I.4.2, the City has found that the existing land use, and planned improvements are not inconsistent with the Comprehensive Plan, and are not detrimental to the public health, safety and welfare and thus certain Comprehensive Plan provisions regarding reconstruction of this land use may be waived providing certain mitigation measures are provided for in the reconstruction approvals. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Cocoa Beach, Florida as follows: SECTION 1: The above recitals are true and correct and by this reference are hereby incorporated herein and made an integral part hereof as though fully set forth herein. SECTION 2: A special permit and exception to the otherwise applicable provisions of the City comprehensive plan and land development regulations are hereby granted to allow for repair, expansion and/ or reconstruction of a two residential dwelling units on property located at 113 and 115 Oak Avenue, which is legally described as: Legal Description Lot 20, Block 117, PLAT OF EIGHTH ADDITION TO COCOA BEACH, Plat Book 11, Page 25, as recorded in the Public Records of Brevard County, Florida; Area: 7,500 square feet The aforementioned special permit is subject to the following standards of development and conditions: a) The Petitioner must apply for building permits and accomplish substantial construction, on or before November 7, 2014, or this vested rights permission may expire. b) Construction must be compliant with and subject to conditions those Board of Adjustment conditions, under Case No , and Case No c) Following city issuance of a certificate of occupancy or certificate of completion, then these two dwelling units shall be considered to be in existence for purposes of application City Charter Section 6.01 and City Comprehensive Plan Policy I.4.2 d) Building construction will need to meet the requirements of the Florida Building Code or other City building codes in effect at the time of building permit application. e) This Special Permit does not constitute an undeniable right to obtain a building permit or site plan approval. All other local, state and federal regulations remain in full force and effect. Resolution No Page 2 of 3

9 If the standards specified above are not complied with, then the special permit and exception shall be void. SECTION 3: Any and all previous Resolutions, permits, or orders in conflict with this Resolution are hereby repealed to the extent of that conflict. SECTION 4: The City Manager or designee is authorized and directed to send a copy of this Resolution and Final Order to the Director of Development Services, to the Owner, and Petitioner, of the subject property. SECTION 5: This Resolution shall become effective upon adoption. Upon Motion by Commissioner and seconded by Commissioner, Resolution was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of Ayes: Nays: Absent or Abstaining: Dave Netterstrom, Mayor-Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk Resolution No Page 3 of 3

10 SUBJECT PROPERTY Parcel ID # Property located 113 Oak Avenue Note: Map not to scale North ATTACHMENT A (1 of 1) Vicinity/Zoning Map City Commission for 11/7/13 meeting: Case No , 113 Oak Avenue

11 ATTACHMENT B (1 of 4) Applicant s Narrative, and support documents City Commission for 11/7/13 meeting: Case No , 113 Oak Avenue

12 ATTACHMENT B (2 of 4) Applicant s Narrative, and support documents City Commission for 11/7/13 meeting: Case No , 113 Oak Avenue

13 ATTACHMENT B (3 of 4) Applicant s Narrative, and support documents City Commission for 11/7/13 meeting: Case No , 113 Oak Avenue

14 ATTACHMENT B (4 of 4) Applicant s Narrative, and support documents City Commission for 11/7/13 meeting: Case No , 113 Oak Avenue

15 ATTACHMENT C (1 of 1) Excerpt of survey City Commission for 11/7/13 meeting: Case No , 113 Oak Avenue