03-20-23 Attachment A - 42 East Coast WAIV23-000 Staff Presentation
R 42 East Coast Drive0003-WAIV23 elevator shaftscreening walls to house the AC units and feet for -maximum building height of 35to exceed the for a waiver equest
Site Context and Details buildingFeb. 2023 a building permit issued for 3 story retail/office Currently vacant parcel Zoned CBDSouthwest corner of Ahern St. and East Coast Drive
Site Context and Details Waiver for 48” screening wall
Building Permit #PPI210013-
Building Permit 0013-#PPI21
Building Permit 0013-#PPI21
History of Height Regulations to city charter. the max. 35’ also added -voter referendum result ---2006amended to only allow chimneys to exceed 35’---2001 cupolas, parapet walls.35’
height restriction with exceptions for domes, ---1982 Flag poles, radio towers and church spires exemptedto 60’)(with exceptions to churches, libraries and institutional up limited
development to 30’ regszoning ---1969 to 1981
Relevant Code Sections development.”nonresidential land use map of the adopted comprehensive plan, for nonresidential land use categories as designated by the future architectural design
elements, exterior decks or porches within five (35) feet for exterior -maximum building height of thirty land development regulationsapprove, pursuant to the applicable section of
the city's city commission may provided, however, that the “Further heightmaximum building Zoning, land development regulations and Section 59
Relevant Code Sections compatible with existing surrounding development.approved only upon demonstration that the proposed height is habitable space as defined by the Florida Building
Code and shall be decks or porches, and shall exclude signage, storage space or , exterior exterior architectural design elements be limited only to such nonresidential increase to
the maximum height of building shall land use categories and for nonresidential development. Further, any building may be considered and approved only within nonresidential to exceed
the maximum height for certain elements of a (b) Requests .of the city Chartersection 59withfive (35) feet, except in accordance -within the city exceeding thirtyno case shall approval
be granted for any height of building a) In (accordance with the following:chapter only within nonresidential zoning districts and only in as set forth within this to the maximum height
of buildingscity commission may grant waivers Upon specific application, the Exceptions to height limitations.-156. -Sec. 24
Relevant Code Sections exclusive of chimneys.building's roof structure or parapet, and any attachment thereto, beginning point of measurement to the highest point of a shall mean the
vertical distance from the applicable Height.Definitions-17. -Sec. 24
Relevant Code Sections five (35) feet.-Maximum building height: Thirty(g) (4)Central business district (CBD)-115. -Sec. 24.”five (35) feet in height-thirtymade to any building, which
would cause that building to exceed may be repaired to that existing height, no alterations shall be five (35) feet in height -that existing buildings which exceed thirtyfive (35) feet;
provided however, -Atlantic Beach exceed thirtyThe maximum height of buildings within the City of Height.“.structuresGeneral restrictions upon land, buildings and -81. -Sec. 24
Waiver Process these land development regulations is enforced.commission may require conditions as appropriate to ensure that the intent of any request for a waiver from these land development
regulations, the city In considering general intent and spirit of these land development regulations. specific provision(s) of this chapter shall be provided, which conforms to the
upon showing of good cause, and upon evidence that an alternative to a waiver from the land development regulations may be approved only A e) (procedures are not set forth within the
city Code of Ordinances.waiver shall be considered only in cases where alternative administrative d) A (as a variance.waiver shall not modify any requirement or term customarily considered
c) A (with such provision(s) are a practical impossibility.3) Compliance (with such provision(s) are in conflict with the public interest; or2)Compliance (with such provision(s) would
be unreasonable; or1) Compliance (a waiver unless:and the facts, which support the waiver. The city commission shall not approve commission a written request for the waiver stating
the reasons for the waiver of waiver. An applicant seeking a waiver shall submit to the city b) Conditions (commission may approve a waiver.difficulties may result from strict compliance
with this chapter, the city city commission finds that undue hardship due to unreasonable practical , where the 190-section 24. Except for those waivers authorized bya) General(