Loading...
ZBA-914 Staff SummaryZBA-914, 3/17 Page 1 of 4 VARIANCE REQUEST ZONING BOARD OF ADJUSTMENT March 28, 2017 CASE: ZBA-914, 3/17 PETITIONER: Cindee Wolf of Design Solutions, applicant, on behalf of Carolina Partner Group, LLC, property owner REQUEST: Variances to the structure setback requirements of Section 60.3 and the buffer requirements of Section 62.1. LOCATION: 6311 Carolina Beach Road PID: R07900-003-101-000 ZONING: (CUD) B-1, Conditional Use Business District PETITIONER’S REQUEST: Cindee Wolf of Design Solutions, applicant, on behalf of Carolina Partner Group, LLC, property owner, is requesting variances to the structure setback requirements of Section 60.3 and the buffer requirements of Section 62.1. The petitioner contends that if strict application of the structure setback and buffer requirements were applied, the result would be a severely limited building envelope. BACKGROUND AND ORDINANCE CONSIDERATIONS: The subject property is located at 6311 Carolina Beach Road and consists of approximately 0.71 acres. The parcel is part of a Conditional Use B-1 that was established by a rezoning that was approved in 1994 (Case Z-514). The subject property is currently vacant and undeveloped. Adjacent to the south is a gift shop that has been in existence since the late 1970’s, as it was approved by a Special Use Permit (S-98) in 1979. In 1994, the then-owner petitioned for a rezoning of 5.6 acres to a (CUD) B-1 district to allow for a small expansion of operation to include a retail nursery, as well as a slightly larger sign for more visibility. A site plan was included as part of the rezoning to the Conditional Use B-1 district, and that site plan did not show any development proposed for area that is now the subject property. In June 2002, the 5.6-acre parent parcel was sold to The Golden Road Group LLC. A subdivision plat was recorded in August 2002 (MB 42, Page 354) that created the subject property, identified as “Lot 1” on the subdivision plat. In 2004, the subject property was sold to BFJ Properties Partnership. In 2005, the subject property was sold to Tri Coast Properties, LLC. Finally, in 2012, the subject property was purchased by the current owner. Behind the gift shop at 6315 Carolina Beach Road (adjacent to the subject parcel) is a house that has historically been occupied by the owner of the gift shop. While the gift shop is a non-residential use, the house is a residential use that triggers structure setback and buffering requirements for the development of the subject parcel. Setbacks for structures in business districts including B-2 are required if the structure is adjacent to a residential use per Section 60.3 of the Zoning Ordinance: ZBA-914, 3/17 Page 2 of 4 Section 60.3: Setbacks For the purposes of this Ordinance, setbacks shall not be required for nonresidential structures located within Commercial, Office and Institutional and Industrial Districts that abut nonresidential uses in Commercial, Office and Institutional and Industrial Districts. (12/17/2012) Setbacks shall be measured from the structure. If a roof overhang extends more than two (2’) feet from the structure, the setback shall be measured from the drip line of the roof. (12/17/2012) The required minimum setbacks for structures located within Commercial, Office and Institutional and Industrial Districts abutting residential uses and/or platted lots on residentially zoned property shall be calculated from Table 60.3 utilizing the following formulas. Where the adjacent residential district is occupied by non-residential uses, the minimum setback shall be twenty (20) feet. (5/4/98) (1) Side yard Required setback (2) (Building Height) x (Factor from Column B, Table 60.3) (3) Rear yard Required setback (4) (Building Height) x (Factor from Column D, Table 60.3) (5) Reductions in setbacks (6) The required setbacks may be reduced as specified in Section 62. In no case, however, shall any side or rear yard setback be less than specified in Table 60.3 (3/9/88) Because the subject property is adjacent to a residential use, the required setback from the southern property line for a structure would be the building height times 2.75, or a minimum of 30’. For a 16’ tall building, the required setback would be 44’. For the subject property, Section 60.3 would not be used to determine the setback from the northern property line; although the adjacent property is zoned R-15, the use is non-residential. Section 62.1 describes the intent of buffers as well as when they are required. Similar to the setbacks above, buffers are required to screen any non-residential use from any residential use or district per 62.1-4(1): 62.1-4: Additional Requirements for Berms and for Yards in which Buffers are Required Buffer strips are designed to protect adjoining land uses, particularly residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic impacts from more intense land-uses. Buffer strips shall be required along all property lines adjacent to a residential use or district, except where a reduced building setback precludes placement of a buffer strip in situations where the adjoining property contains a nonresidential use on residentially zoned property, such as a church DISTRICT SIDE YARD SETBACK FACTOR MINIMUM SIDE YARD SETBACK, IN ALL CASES REAR YARD SETBACK FACTOR MINIMUM REAR YARD SETBACK, IN ALL CASES B-1 2.75 25’ 3.73 30’ B-2 2.75 30’ 3.73 35’ O&I 2.75 25’ 3.73 30’ I-1 3.08 35’ 4.33 40’ I-2 3.49 40’ 5.14 45’ A-I 3.08 35’ 4.33 40’ ZBA-914, 3/17 Page 3 of 4 or school. The more intense land use shall be required to provide the buffer as part of its yard requirements. The following requirements shall be met for buffer strips and the yards in which buffers are required: (1) Location of buffer strips - Buffer strips shall be required to screen any non-residential use from any residential use or district. Buffer strips shall also be required to screen any residential use or district from any attached housing development or mobile home park or High Density Development or Planned Development. However, no buffer will be required for high density detached lots provided lots equal or exceed 5000 square feet (10/7/91). Buffer strips shall be required only along the perimeter boundary of an EDZD (3/1/10). (2) Width of buffer strips - The buffers shall have a base width equal to at least 50% of the required setback. In all cases the base of the buffer shall be equal to or greater than 20 feet. Where a utility easement occupies a portion of the buffer, sufficient buffer must be provided outside the utility easement to meet the required opacity standards. Based on a 16’ tall building and the required setback of 44’, the width of buffer required along the southern property line would be ½ of the setback, or 22’ in width. This section also dictates a minimum 20’ buffer along the northern property line. Uses in the buffer are limited based on Section 62.1-4(4): (4) Uses in the buffer - No activities shall occur in the buffer except for maintenance of the buffer and the installation and maintenance of water, sewer, electrical and other utility systems where the installation causes minimal disturbance of existing vegetation. No bufferyard required by this section may contain any building or structure, or extension of any building or mechanical system. This prohibition shall apply at the time of issuance of a certificate of occupancy and at any time thereafter, and shall include but not be limited to: porches, decks, patios, HVAC components, waste containers, storage buildings or any other fixture or structure, whether temporary or permanent. Section 62.1-4(5) requires additional screening for certain features if they are adjacent to a residential use: (5) Uses in the rear and side yards abutting a residential use - The following uses shall be shielded from view from the property line of the residential use by means of a 100% opaque solid wall. 1. dumpsters or other trash holding areas 2. outside storage areas 3. loading/unloading areas 4. heating/air conditioning units, including roof mounted units. In addition, all lights shall be shielded in such a manner that light from the fixture will not directly radiate into the buffer strip or beyond. In Summary, based on a 16’ tall building, the required setback would be 44’ and the required buffer would be 22’. The petitioner is requesting a 10’ setback that would also serve as the buffer, therefore the petitioner is requesting a 34’ setback variance and 12’ buffer width variance. Any proposed development of the subject parcel will require a rezoning from the 1994 B-1 Conditional Use District. ZBA-914, 3/17 Page 4 of 4 BOARD OF ADJUSTMENT POWER AND DUTY: The Board of Adjustment has the authority to authorize variances from the terms of the Zoning Ordinance where, due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance. A concurring vote of four-fifths (4/5) of the voting members of the Board shall be necessary to grant a variance. A variance shall not be granted by the Board unless and until the following findings are made: 1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. 2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. 3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. 4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. ACTION NEEDED (Choose one): 1. Motion to approve the variance request based on the findings of fact (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny the variance request based on specific negative findings in any of the 4 categories above.