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Agenda Item: 10(a) |
Prepared By: Mary P. Holden, Planning Manager |
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Business: Resolution - Variance Petition |
Department: Community Affairs/Growth Management |
Subject:
Title
RESOLUTION - Variance Petition (VP-24-000249) request to Sec. 30-441(g), Landscape Buffer Width for property located at 750 Bald Eagle Drive, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
BACKGROUND:
PROJECT DESCRIPTION:
United Church of Marco Island has submitted for approval of a variance to permit a front yard buffer of 10 feet, as opposed to the required 20-foot front yard buffer for the development on the property located at 750 Bald Eagle Drive, Marco Island. This request is running concurrently with SDP-24-000246. The public notice sent to adjacent property owners indicated this variance request, and a 10 foot variance request to the required 20-foot rear yard buffer. In examining the request and our codes, the rear yard buffer is not required pursuant to Sec. 30-441 (g) of the City’s Land Development Code which provides as follows: “The town center mixed use district right-of-way buffer requirements shall not be applicable to roadways internal to the development or along alleys,….” Therefore, review and the requested action on the variance request is for the front yard buffer only.
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. Developments within the town center mixed use district shall provide a perimeter buffer of at least 20 feet (requesting 10-foot width) in width, regardless of the width of the right-of-way. ….”
The application, site plan, landscape plan and letters of concern are attached.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,155.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: 15 days prior to Planning Board hearing.
NOTICE APPEARANCE DATE(S): June 24, 2025.
RECOMMENDATION:
STAFF RECOMMENDATION:
Staff recommends the Planning Board forward a recommendation of approval of Variance Petition VP-23-000249, for 750 Bald Eagle Dr., based upon the findings and conditions contained herein, to the City Council:
Findings:
1. The new addition will be attached to and be part of the existing structure, which was constructed in 1998. The application indicates that due to the new flood elevation requirements and ADA requirements, the site improvements need to be pushed out for grading purposes. Specifically, the ADA requires an unobstructed 5-foot-wide walkway along the front of the new addition.
2. The special circumstances, such as changes to the LDC, are not a result of the applicant.
3. The applicant indicates that without the variance, the new addition would not be built.
4. The requested variance is the minimum necessary to accommodate the proposed addition.
5. Granting the variance will not confer any special privilege. By way of reference only, the property to the north received approval of similar variances.
6. It does not appear that granting the variance will be injurious to the neighborhood as similar variances granted to a nearby property have not resulted in injury to the neighborhood or public welfare. Granting the variance is in keeping with the surrounding development patterns.
7. The requested variance is consistent with the following:
Objective 4.1 of the Future Land Use Element: Direct new growth and redevelopment to those areas of the City where adequate public facilities exist, or are planned, and where compact and contiguous development patterns can be created, and which are located away from established low density residential neighborhoods.
Objective 4.2 of the Future Land Use Element: Future redevelopment activities will be directed in appropriate areas, consistent with sound planning principles, the goals, objectives, and policies contained within this Plan, and the where the desired community character will be upheld
Conditions of Approval:
1. The variance is approved subject to the approval of SDP 24-000246. If SDP 24-000246 is not approved, the variance requested in Variance Petition VP 24-000249 shall be null and void.
POTENTIAL MOTION:
Move to approve Resolution 25-XX with the listed findings and conditions.