ADMINISTRATIVE APPROVAL TOWN OF FORT MYERS BEACH FLORIDA ADM

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Clyde Maxwell
7 years ago
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1 ADMINISTRATIVE APPROVAL TOWN OF FORT MYERS BEACH FLORIDA ADM WHEREAS, Alan Lindberg (hereinafter Applicant ) is the owner of real property located at 441 Harbor Court, Fort Myers Beach, Florida (hereinafter subject property ); and WHEREAS, the application lists STRAP Number W3-0030B.0190, and the legal description of the property is Lot 19, Block B, Matanzas View, a subdivision according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, in Plat Book 9, Page 40, Public Records of Lee County, Florida; and WHEREAS, the Applicant filed a request with the Town to issue an administrative setback variance pursuant to Fort Myers Beach Land Development Code (LDC) Section (a)(1) to allow the construction of a screen porch addition on the subject property 6.5 feet from the northern side property line, where a side property line setback of 7.5 feet is otherwise required; and WHEREAS, the subject property is located in the Residential Conservation (RC) zoning district, is in the Mixed Residential Future Land Use Map (FLUM) category, and lies within the Platted Overlay; and WHEREAS, the RC zoning district requires a minimum lot width of 45 feet and a minimum lot depth of 80 feet, with a total lot area of at least 4,000 square feet; and WHEREAS, the subject property measures 50 feet by 100 feet, with a total area of 5,000 square feet; and WHEREAS, as a lot that conforms to the minimum dimensional requirements of the RC zoning district, the property is subject to the standard setbacks of Table 34-3 of the LDC; and WHEREAS, the minimum required side property line setback in the RC district is 7.5 feet; and WHEREAS, a previous variance (VAR ) allowing for a 6.5 foot setback from the northern property line for a living room/covered porch addition to the dwelling was approved by Fort Myers Beach Town Council Resolution 01-33, attached as Exhibit A; and

2 WHEREAS, the location of the previous addition is depicted on the survey attached as Exhibit B; and WHEREAS, Condition number two of Fort Myers Beach Town Council Resolution approving variance VAR states that no other building additions or increases to the size of the building may be located within the required setback areas; and WHEREAS, the Applicant proposes to construct a screen porch addition to the rear of the existing dwelling. The proposed screen porch addition would be feet wide, matching the width of the existing exterior covered porch back wall elevation, as shown on the site plan attached as Exhibit C; and WHEREAS, in matching the width of the existing covered porch, the proposed screen porch addition would maintain the same 6.5 foot setback from the northern side property line as the existing covered porch; and WHEREAS, LDC Sec (a)(1) provides for an administrative setback variance to permit the remodeling of or addition to existing structures that are nonconforming with regard to a specific setback so long as the remodeling or addition will not result in:... further diminution of the setback, and; WHEREAS, the screen porch addition to the existing dwelling as depicted in Exhibit C will not lie closer to the northern property line that the previous living room/covered porch addition depicted in Exhibit B, and ; WHEREAS: 1. All of the preceding whereas clauses are incorporated herein as findings of fact; and 2. There are not apparent deleterious effects upon the adjoining property owners; and 3. The modifications will not have an adverse impact on the public health, safety and welfare; and 4. The modifications will be the minimum required. NOW, THEREFORE, IT IS HEREBY DETERMINED that side setback required on the northern side of the subject property by LDC Table 34-3 is modified from the requirement of 7.5 feet to allow a 6.5 foot setback for a screen porch addition to the existing single-family dwelling on the subject property.

3 SUBJECT TO the following conditions: 1. The variance is limited to the subject property as a lot of record consistent with the legal description described herein. 2. The variance applies to the northern property line setback shown in Exhibit B only. No other portion of the building may extend into a required setback. 3. This variance applies to the construction of a screen porch on the subject property only. Development on the subject property for any other purpose must comply with all applicable regulations or seek a new variance. 4. If the screen porch is constructed with a roof intended to be impervious to weather the square footage of the screen room shall count towards the maximum 55% lot coverage previously approved by Fort Myers Beach Town Council Resolution DULY ADOPTED this day of ATTEST: By: Anita T. Cereceda, Mayor By: Michelle D. Mayher, Town Clerk

4 EHXIBIT A

6 EXHIBIT B

7 EXHIBIT C

A bill to be entitled

A bill to be entitled Page 1 of 7 An act relating to the City of Tampa, Hillsborough County; amending chapter 29126 (1953), Laws of Florida, relating to Parkland Estates Subdivision; amending the preamble