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Agenda Item: 11 |
Prepared By: Mary P. Holden, Planning Manager |
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Business: Resolution |
Department: Growth Management |
Subject:
Title
Resolution - Variance Petition Request (VP-23-000181) to Sec.30-245. (3). c., Sec. 30-441. (g). and Sec. 30-485. (d) of the Land Development Code for the Property Located at 790 and 800 Bald Eagle Drive, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Growth Management
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PROJECT DESCRIPTION:
Robert Mulhere of Hole Montes, on behalf of the owner, Bald Eagle Prop Trust of 1997 (Ehlen family) (the “Owner”) has submitted a variance request, in conjunction with SDP 22-000289, to the below sections of the Land Development Code.
Sec. 30-245. - Dimensional standards.
(3)Minimum yard requirements:
c. Rear yard: Ten feet. Principal and accessory buildings shall be setback a minimum of 25 feet (requesting 18 feet) from an alley right-of-way when vehicular parking spaces take direct access from the alley, or ingress/egress is provided into the building.
Sec. 30-441. (g)Types of buffers. Within a required buffer area, the following alternative shall be used based on the matrix in Table 2.
Alternative C: A landscape buffer shall be required adjacent to any road right-of-way external to the development project. Said landscape buffer shall be consistent with the provisions of the city master plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width (requesting 10 feet). Developments within the town center mixed use district shall provide a perimeter buffer of at least 20 feet in width, regardless of the width of the right-of-way. The exception to this landscape buffer requirement is property located within the Elkcam Circle Overlay as provided for in the land development code. The town center mixed use district right-of-way buffer requirements shall not be applicable to roadways internal to the development or along alleys, however, these areas shall provide the applicable landscape buffer per this code.
Sec. 30-485
(d) Off-street parking adjacent to alley right-of-way. Parking spaces that take direct access from an alley right-of-way shall be separated from the side yard property line by a ten-foot wide landscape buffer island. A five-foot wide minimum (requesting 0 feet) landscape buffer shall be placed along the front of these spaces when parking is at direct access from the alley. Parking spaces shall be provided entirely on the subject property and shall not encroach into the alley right-of-way.
Attached are the application, written responses to the criteria for review and Neighborhood Information Meeting (NIM) transcript.
PLANNING BOARD SUMMARY AND RECOMMENDATION:
The Planning Board considered this request and held a public hearing at their August 4, 2023 meeting. After presentations by Staff and the applicant, the Planning Board discussed the pedestrian easement to the south of the existing structure, and if there was enough parking. There were no public comments. (We did receive a letter of objection from an adjacent condominium that is included in the packet for City Council consideration). The Planning Board voted 5-0 to forward a recommendation of approval to the City Council with the findings and conditions as outlined in the resolution. Please note the Planning Board approved SDP 22-000289 at the August 4, 2023 meeting.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.
RECOMMENDATION:
STAFF RECOMMENDATION
Staff recomends the Planning Board approve Variance Petition VP-23-000181, 800 Bald Eagle Dr., and recommend approval of the variances to Sec. 30-245(3)c., Sec. 30-441(g), and Sec. 30-485(d) of the Marco Island Land Development Code, based upon the findings and conditions contained herein, and forward the recommendation for approval to the City Council:
Findings:
1. This site is under the same ownership as the lot and building to the south and the proposed development will be attached to and match the existing architecture of the existing structure. To accommodate the newer (post 1997) regulatory standards and keep the development pattern consistent, these variances are needed.
2. The special conditions related to the land are not due to actions of the applicant.
3. The literal interpretation of the code would result in a visual disjointed development with more negative aspects than positive aspects, including, but not limited to, additional driveway cuts onto Bald Eagle Dr.
4. The requested variances are the minimum to make possible the reasonable use of the land, building and proposed building and it will promote health, safety, and welfare by minimizing driveway cuts.
5. Granting the variance will not confer special privilege.
6. Granting the variance will be in keeping with the neighborhood and the existing development patterns established.
7. Granting this variance is in keeping with the current City of Marco Island Comprehensive Plan, Future Land Use Element, Goal 2 Community Character: Maintain Marco Island as a visually attractive, small town coastal community with s strong identifiable sense of place.
Conditions of Approval:
1. That SDP 22-000289 be approved by City Council in conjunction with this variance request. If SDP 22-000289 is not approved, then, the variance request shall be null and void.
POTENTIAL MOTION: Approve Resolution 23-44 with the listed findings and conditions.