Item Coversheet


LEGISLATIVE MEMORANDUM


TO:


Honorable Mayor and Members of the City Council
FROM: Suzanne Sherman, Acting City Manager
THRU: Laurence Bradley, AICP, Growth Management Director
DATE:

7/16/2020
RE:

Request by Rook at Palm Bay, LLC, for a variance to encroach the front parking setback of a proposed apartment building clubhouse; encroach the rear building setback of a proposed grocery store; and encroach the rear parking setback in two (2) separate commercial locations (21.0 acres) (V-12-2020) (Quasi-Judicial Proceeding).

The Rook at Palm Bay (Jake Wise, P.E., Representing) has asked for a variance from Sections 185.038 (F)(7)(e) and 185.043(F)(7)(d). The requests are to encroach the front parking setback of a proposed apartment building clubhouse; the rear building setback of a proposed grocery store; and the rear parking setback in two (2) separate commercial locations. The proposed project is called Crown Square and is located on undeveloped land south of and adjacent to Malabar Road, between Emerson Drive SE and the Palm Bay Wal-Mart. The north 6.08 acres of land is zoned CC, Community Commercial, and the remaining 14.92 acres are zoned RM-20, Multiple Family Residential.

The applicant contends that denial of the variances requested would create a hardship due to the T-shape and overall size of the property and the existing median opening on Malabar Road, which are circumstances not experienced by other properties in the same land use and zoning district. An additional site constraint is the existing stormwater retention pond owned by the City that necessitated a drainage easement be placed upon a portion of the subject property for access and maintenance. The minimum variances needed to accommodate the proposed development are:

1.    A 16-foot encroachment of the 25-foot rear building setback;

2.    A 9-foot encroachment of the 25-foot rear parking setback (west side);

3.    A 7-foot encroachment of the 25-foot rear parking setback (east side); and

4.    A 10-foot encroachment of the 10-foot front parking setback for the apartment complex’s clubhouse parking.

It does not appear that any of the variance requests would create any life or safety concerns.



REQUESTING DEPARTMENT:
Growth Management

RECOMMENDATION:

Request for 

City Council to determine, based on the facts presented, the degree of minimal relief, if any, to meet the needs of the variance request, as required by Section 169.009 of the City of Palm Bay Code of Ordinances.

Planning and Zoning Board Recommendation:

Unanimous approval of the request.

Planning and Zoning Board minutes are not fully transcribed at this time; the following is an excerpt:

Motion by Ms. Jordan, seconded by Ms. Maragh to submit Case V-12-2020 to City Council for approval of a variance from Sections 185.038 (F)(7)(e) and 185.043(F)(7)(d), to encroach the front parking setback of a proposed apartment building clubhouse; the rear building setback of a proposed grocery store; and the rear parking setback in two (2) separate commercial locations as noted in the staff report. The motion carried with members voting unanimously.


ATTACHMENTS:
Description
Staff Report