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Community Development Board (CDB) - 17 Jan 2023 - Agenda - Pdf City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, January 17, 2023 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the December 20, 2022 regular meeting of the Community 3 - 6 Development Board. Community Development Board (CDB) - 20 Dec 2022 - Minutes - Pdf 3. OLD BUSINESS 4. NEW BUSINESS 4.A. 360 3rd Street ZVAR23-0001 (Applicant requesting deferral) 7 - 25 Sfrvftu!gps!b!wbsjbodf!gspn!Tfdujpo!35.262)c*)2*)m*!up!fydffe!uif!njojnvn!6.gppu! tfucbdl!gps!b!tife!bu!471!4se!Tusffu/ Deferral request 360 3rd Street ZVAR23-0001 Staff Report 360 3rd Street ZVAR23-0001 Application 01.06.2023 Opposition Letter from Elizabeth Eilers 4.B. 1823 Selva Grande Drive ZVAR23-0002 27 - 33 Sfrvftu!gps!b!wbsjbodf!gspn!Tfdujpo!35.92)l*!boe!35.632!)d*!up!bmmpx!bo!beejujpo!up! cf!efwfmpqfe!cfmpx!uif!njojnvn!gjojtife!gmpps!fmfwbujpo!)GGF*!pg!9/6!gffu!OBWE! bcpwf!nfbo!tfb!mfwfm/ 1823 Selva Grande Drive ZVAR23-0002 Staff Report 1823 Selva Grande Drive ZVAR22-0002 Application 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. Page 1 of 33 Community Development Board (CDB) - 17 Jan 2023 This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 33 Agenda Item #2.A. 17 Jan 2023 MINUTES Community Development Board (CDB) Meeting Tuesday, December 20, 2022 - 6:00 PM Commission Chamber Present: Linda Lanier, Member Kirk Hansen, CDB Chair Ellen Golombek, Member Jeff Haynie, Member Harold Gear, Member Angela Farford, Member Absent: Sylvia Simmons, Member Also Present: Amanda Askew, Planning and Community Development Director (PCDD) Valerie Jones, Recording Clerk Jason Gabriel, City Attorney (CA) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the November 15, 2022 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. Chair Hansen took a minute to introduce the new City Attorney, Jason Gabriel. 4. NEW BUSINESS A. ΐΏΑΐ !³« ³¨¢ "®´«¤µ ±£ :6!2ΑΑ-ΏΏΐΘ Ȩ'¤®±¦ ²Ǿ 3®´³§ 7 ³¤± 3¨¦²ȩ 2¤°´¤²³ ¥®± µ ±¨ ¢¤ ¥±®¬ 3¤¢³¨® ΐΖ-ΑΘȨ ȩȨΐȩ ³® ¤·¢¤¤£ ³§¤ ¬ ·¨¬´¬ ¯¤±¬¨³³¤£ ²¨¦ ²¨¹¤ȁ STAFF REPORT: Ejsfdups!Btlfx!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif! tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/ ! Ms. Golombek said there was a banner sign on the building and wanted to know if that would need to be taken down. Director Askew said they would have to take that one down. Mr. Gear asked if the corporate entity has had the location all the way through. Director Askew said she did not know the answer to that question. Ms. Golombek asked if they were going to put up the exact same sign and was it a money issue. Director Askew said they would be paying for a new sign and it would be similar with a maximum Community Development Board (CDB) December 20, 2022 Page 1 of 4 Page 3 of 33 Agenda Item #2.A. 17 Jan 2023 of 200 square feet. Ms. Lanier asked if there was a sketch of what it would look like with the 100 square feet sign. Director Askew said they did not supply anything like that. APPLICANT REPORT: The applicant wasn't present for questioning but they had supplied a letter explaining the history and why the sign was taken down. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Golombek asked what the size of the temporary sign was. Director Askew said she did not know. Chair Hansen said it was probably less than half the size of the original. Mr. Gear said a 100 square foot sign at 200 feet would be the same as a 200 square foot sign at 400 feet from the street. Chair Hansen said that he didn't think the City would have very many instances of a sign being 400 feet off the road. He didn't think that they would be opening Pandora's box by saying since they are 400 feet off the road it's not a bad size for the sign. Chair Hansen said he would like to see the variance approved due to being 400 feet off the road. Ms. Lanier agreed with Chair Hansen. She would have liked to speak with the applicant. MOTION: To APPROVE ZVAR22-0019 based on condition #4 (Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property). Motion: Linda Lanier Second: Angela Farford Linda Lanier (Moved By) For Kirk Hansen For Ellen Golombek For Jeff Haynie Against Harold Gear For Angela Farford (Seconded By) For Motion passed 5 to 1. B. ΖΏΔ !³« ³¨¢ "®´«¤µ ±£Ǿ 5¨³ ͰΑΏ 5"%8ΑΑ-ΏΏΏΘ Ȩ( «¤¸ '´¨¤³³¤ȩ 2¤°´¤²³ ¥®± ´²¤-by-¤·¢¤¯³¨® ³® ««®¶ ®-¯±¤¬¨²¤² ¢®²´¬¯³¨® ®¥ «¢®§®« ¶¨³§¨ ³§¤ #®¬¬¤±¢¨ « '¤¤± « Ȩ#'ȩ ¹®¨¦ £¨²³±¨¢³ ³ ΖΏΔ !³« ³¨¢ "®´«¤µ ±£Ǿ 5¨³ ͰΑΏȁ STAFF REPORT: Ejsfdups!Btlfx!qsftfoufe!uif!jogpsnbujpo!bt!fyqmbjofe!jo!uif! tubgg!sfqpsu/!!Tif!bmtp!qspwjefe!b!QpxfsQpjou!qsftfoubujpo/ Community Development Board (CDB) December 20, 2022 Page 2 of 4 Page 4 of 33 Agenda Item #2.A. 17 Jan 2023 Ms. Farford asked if they would be able to consume alcohol outside. Director Askew said there is very little space outside of the business for consumption. Chair Hansen clarified that his understanding was that they could serve alcohol and sell alcohol to be taken off site but they can't sell alcohol to be consumed on sight. Director Askew said the state statutes allows you to give alcohol away for free but to sell it by the glass then it would require a use-by-exception. Ms. Golombek asked if it was just beer and wine. Director Askew said she believed so but the Board should clarify that with the Applicant. APPLICANT REPORT: Haley Guiette introduced herself as the owner of Be-In Bridal Studio. She said the request was only for beer and wine. Ms. Guiette said no sale for off-premise consumption. She said she works by appointment only and would like the opportunity to serve champagne and also support the local breweries in Jacksonville. Ms. Guiette said that some of her customers want a more expensive bottle and she would like to provide that to elevate their experience as they shop. Ms. Golombek asked if they would be able to bring alcohol in to drink. Director Askew said she thought that was a separate license. Ms. Golombek asked if she would be changing her studio hours. Ms. Guiette said it will always be by appointment only. She said she will offer her brides a pre-appointment brunch that could be catered. Ms. Golombek asked what her latest appointment was. Ms. Guiette said a night appointment might last to roughly 9 or 10 p.m. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier said that the Board has given use-by-exceptions to everything from barber shops to cigar shops and brides should be right up there. She was willing to make a motion. MOTION: To APPROVE UBEX22-0009 due to it being consistent with the Comprehensive Plan #1 and #3. Condition added that consumption be limited to 11:00 p.m. Motion: Linda Lanier Second: Jeff Haynie Ms. Farford asked that consumption be limited to inside. Ms. Lanier accepted that as a friendly amendment and it was included in the motion. Ms. Golombek asked it a condition could be added to limit consumption to 11:00 p.m. Chair Hansen didn't want to put a restriction on the request. Mr. Haynie said his understanding is that if there are complaints in the future it can be addressed later. Director Askew said if a condition limiting time was added and there were complaints then they could use the Code Enforcement route. A vote was taken for the condition that consumption would only be allowed inside the studio. The vote was unanimous to approve. A vote was taken for the condition to limit consumption to 11:00 p.m. The vote was 1-5 in favor (Ms. Golombek was the yes vote). This condition was denied. Community Development Board (CDB) December 20, 2022 Page 3 of 4 Page 5 of 33 Agenda Item #2.A. 17 Jan 2023 Linda Lanier (Moved By) Against Jeff Haynie (Seconded By) Against Kirk Hansen Against Sylvia Simmons Against Ellen Golombek For Harold Gear Against Angela Farford Against Motion failed 1 to 6. MOTION: To APPROVE UBEX22-0009 due to it being consistent with the Comprehensive Plan #1 and #3. Condition added that the consumption would only be allowed inside the studio. Motion: Linda Lanier Second: Jeff Haynie Linda Lanier (Moved By) For Kirk Hansen For Ellen Golombek For Jeff Haynie (Seconded By) For Harold Gear For Angela Farford For Motion passed 6 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:25 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) December 20, 2022 Page 4 of 4 Page 6 of 33 Agenda Item #4.A. 17 Jan 2023 From:Askew, Amanda To:"eileen campbell";patrick.campbell@live.com Cc:Genest, Abrielle;Jones, Valerie Subject:RE: 360 3rd Street Variance Request Date:Tuesday, January 10, 2023 4:28:00 PM Ms. Campbell, My sincerely apologies for your loss. I will make sure this is abundantly clear at the hearing. From: eileen campbell \[mailto:eileen.campbell@hotmail.com\] Sent: Tuesday, January 10, 2023 4:24 PM To: Askew, Amanda <aaskew@coab.us>; patrick.campbell@live.com Cc: Genest, Abrielle <agenest@coab.us>; Jones, Valerie <vjones@coab.us> Subject: Re: 360 3rd Street Variance Request Good Afternoon, Please note that my Dad passed away as Patrick noted below. We will be out of town for this reason. As you can imagine this is a difficult time for our family. I would be hopeful that the committee would take this into consideration in our request for a deferral. If the committee can be notified of my Father passing away and that is the reason for our request, I would appreciate it. Thank you~ All my best, Eileen Campbell From: Askew, Amanda <aaskew@coab.us> Sent: Tuesday, January 10, 2023 4:11 PM To: patrick.campbell@live.com <patrick.campbell@live.com>; eileen.campbell@hotmail.com <eileen.campbell@hotmail.com> Cc: Genest, Abrielle <agenest@coab.us>; Jones, Valerie <vjones@coab.us> Subject: FW: 360 3rd Street Variance Request Good afternoon Mr. Campbell, We have received your request for a deferral. Since it this case has been advertised it must be placed on the agenda and it will be up to the Community Page 7 of 33 Agenda Item #4.A. 17 Jan 2023 Development Board (CDB) to approve your request for a deferral. They normally will honor the request however, they have denied a request for a deferral and heard the case without the applicant present in the past. The other option is to withdraw your request but this would require you to re- submit a new application and pay a new fee. Please let me know how you would like to proceed. From: Genest, Abrielle Sent: Tuesday, January 10, 2023 2:49 PM To: Askew, Amanda <aaskew@coab.us> Subject: FW: 360 3rd Street Variance Request FYI From: patrick campbell \[mailto:patrick.campbell@live.com\] Sent: Tuesday, January 10, 2023 2:25 PM To: Genest, Abrielle <agenest@coab.us>; Eileen Campbell <eileen.campbell@hotmail.com> Subject: Re: 360 3rd Street Variance Request Hello Abrielle Thank you for meeting me today (1/10) to ensure the measurements of the shed. As discussed, my wife and I are requesting to differ this review to the Feb meeting. My wife's father recently passed and we are meeting with the family next week in NC. Will you please forward our request to the appropriate personnel. We appreciate your assistance. Please let me know if there are any additional questions. Sincerely Patrick Campbell (904)631-7227 From: Genest, Abrielle <agenest@coab.us> Sent: Tuesday, December 27, 2022 1:57 PM To: patrick.campbell@live.com <patrick.campbell@live.com> Page 8 of 33 Agenda Item #4.A. 17 Jan 2023 Subject: RE: 360 3rd Street Variance Request Good afternoon, Checking back in to see when you are available for me to stop by and get a measurement. We must have the accurate measurement because if the board approves the variance at 2 feet, the shed must be at least 2 feet from the property lines. In the case the shed is closer than what was approved, you would need to move the structure or apply of another variance. Thank you, Abrielle Genest From: Genest, Abrielle Sent: Thursday, December 15, 2022 2:08 PM To: 'patrick.campbell@live.com' <patrick.campbell@live.com> Subject: 360 3rd Street Variance Request Good afternoon, After reviewing your variance application further and comparing to pictures taken at the time of the stop work order, it appears the setback from the shed to the property line may be less than 2 feet. Is there a time next Wednesday 12/21 or Thursday 12/22 I could stop by to take a measurement? We want to provide an accurate measurement for the board to consider in their decision. The request will be placed on the January 17th Community Development Board hearing. This is what to expect during the process: 1. The Community Development Board (CDB) meeting/hearing will be on 3rd Tuesday of the month at 6PM in Commission Chambers @ city hall 2. The city will post a sign about the meeting on the property at least 10 days prior to the hearing 3. The city will mail all property owners within 300 feet a notice of the public hearing at least 14 days prior to the hearing 4. Staff will give a brief presentation/overview of your request to the CDB (staff does not recommend for or against a project) 5. Applicant or representative will be given an opportunity to speak about your request 6. The public will be given an opportunity to speak on the request 7. CDB will render a decision at the hearing based on the criteria in section 24-65 (c). Let me know if you have any questions. Thank you, Page 9 of 33 Agenda Item #4.A. 17 Jan 2023 Abrielle Genest Planner (904) 247 5847 City of Atlantic Beach agenest@coab.us WanttoreceiveCityofAtlanticBeachnewsbyemail?Justsaysoinanemailto info@coab.us.FollowtheCityofAtlanticBeachonFacebookat www.facebook.com/cityofatlanticbeach.Floridahasaverybroadpublicrecordslaw.Most writtencommunicationstoorfromstateandlocalofficialsandagenciesregardingstateor localbusinessarepublicrecordsavailabletothepublicandmediauponrequest.Youremail communications,includingyouremailaddress,maythereforebesubjecttopublicdisclosure. WanttoreceiveCityofAtlanticBeachnewsbyemail?Justsaysoinanemailto info@coab.us.FollowtheCityofAtlanticBeachonFacebookat www.facebook.com/cityofatlanticbeach.Floridahasaverybroadpublicrecordslaw.Most writtencommunicationstoorfromstateandlocalofficialsandagenciesregardingstateor localbusinessarepublicrecordsavailabletothepublicandmediauponrequest.Youremail communications,includingyouremailaddress,maythereforebesubjecttopublicdisclosure. Page 10 of 33 Agenda Item #4.A. 17 Jan 2023 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM4.A CASE NO.ZVAR23-0001 Request for a variancefrom Section 24-151(b)(1)(l) to exceed the minimum 5- rd foot setback for a shed at 360 3Street. rd LOCATION360 3Street APPLICANTPatrick Campbell DATEJanuary 11, 2023 STAFFAbrielle Genest, Planner STAFF COMMENTS rd The applicant, Patrick Campbell, isthe owner of 360 3 Street.This property is75feet wide by 150 feet deep and is located in the Residential, Single-Family (RS-2) zoning district. The property owner has been completingvarious projects in the rear of the property to include a new pool, covered patio, and synthetic turf.On November 23, 2022 a stop work order was postedfor building a shedin the south west corner of the propertywithout a permit. Upon inspection of the property, staff determined the shed is located 2 feet 1 inch from the rear property line and 2 feet 6.5 inches from the side property line. The applicant is seeking a variance from Section 24- 151(b)(1)(l) to exceed the minimum 5-foot setback for sheds. Page 11 of 33 Agenda Item #4.A. 17 Jan 2023 A building permit wasissued in 1977 for a12ft. by 6ft.“utility shed 5 feet from side and rear lot lines”. The applicant has stated they were rebuilding a shed that was damaged during Hurricane Ian. The city does not have record of any surveys depicting a shed prior to 2022. The survey dated February 12, 2022 does not provide setbacks for the shed. ANALYSIS Section 24-65 statesthat “applicationsfor a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance Page 2of 3 Page 12 of 33 Agenda Item #4.A. 17 Jan 2023 and consistent with the provisions of this section.” According to Section 24-17, Definitions, “\[a\] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-65(c) provides six distinct grounds for the approval of a variance: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4)Onerous effect of regulations enacted after platting or after development of the property or after Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (5)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approveZVAR23-0001,request for a varianceto Section 24-151(b)(1)(l), upon finding this request is consistent with the definition of a variance, and in accordance withthe provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4)Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to denyZVAR23-0001,request for a varianceto Section 24-151(b)(1)(l). Page 3of 3 Page 13 of 33 Page 14 of 33 Agenda Item #4.A. 17 Jan 2023 ZVAR23-0001 Page 15 of 33 Agenda Item #4.A. 17 Jan 2023 Page 16 of 33 Agenda Item #4.A. 17 Jan 2023 Page 17 of 33 Agenda Item #4.A. 17 Jan 2023 Page 18 of 33 Agenda Item #4.A. 17 Jan 2023 Page 19 of 33 Agenda Item #4.A. 17 Jan 2023 Page 20 of 33 Agenda Item #4.A. 17 Jan 2023 Page 21 of 33 Agenda Item #4.A. 17 Jan 2023 Page 22 of 33 Agenda Item #4.A. 17 Jan 2023 Page 23 of 33 Agenda Item #4.A. 17 Jan 2023 Page 24 of 33 Agenda Item #4.A. 17 Jan 2023 January 5, 2023 Amanda Askew Director of Planning and Community Development Community Development Board, I cannot attend the meeting on January l7, 2023 and have asked Amanda Askew to add my letter to your board packet for the agenda for Item number: ZVAR23- rd 0001, Address 360 3 Street RE# l69787-0000, Applicant Patrick Campbell. My family and I have lived in Atlantic Beach for almost 45 years and we have seen enormous growth of our community. The City of Atlantic Beach has experienced growing pains yet I believe attempts to do the right thing for all. Those of us that have older homes know the rules and requirements for projects, additions and repairs as it is an on-going process to keep our homes up in a challenging climate. This shed built without permit is the second shed to be done so by 2 of my neighbors who have lived here a long time within the last year. I believe the rules are clear and I do not understand why building without permit is not a fine-able offense. The City seems to err on Variance hearings versus holding people to account. I abide by and support our building rules for the good of the whole community including my neighbors. I regularly apply, pay for permits, get inspections and make adjustments needed to comply with the rules as I trust the Board and City are representing us all fairly. So are the rules for some but not all? Elizabeth Eilers rd 371 3 St Atlantic Beach, FL 32233 Page 25 of 33 Page 26 of 33 Agenda Item #4.B. 17 Jan 2023 #)49 /& !4,!.4)# "%!#( #/--5.)49 $%6%,/0-%.4 "/!2$ 34!&& 2%0/24 AGENDA ITEM4.B CASE NO.ZVAR23-0002 Request for a variancefrom Section 24-81(k) and 24-251(c) to allow an addition to be developed below the minimum finished floor elevation (FFE) of 8.5 feet NAVD above mean sea level. LOCATION1823 Selva Grande Drive APPLICANTMichael Cozad DATEJanuary 11, 2023 STAFFAmanda Askew, Director of Planningand Community Development STAFF COMMENTS The applicant, Michael Cozad, isthe owner of 1823 Selva Grande Drive.This property is located in the Residential, Selva Marina (R-SM) zoning district. The property owner is proposing to build a two story, 1,805 square foot addition on the north side of the property. The existing structure was built in 1984 prior to the city enforcing a minimum Finished Flood Elevation (FFE). In 2003, the city amended the Land Development Regulations to includea minimum FFE of 8.5 feet NAVD above mean sea level. The current code reads as follows: Section 24-81 (k) “Flood protection.All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet NAVD above mean sea level. Flood protection provisions shall be approved by the administrator to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” Section 24-251(c)“Soil and flood hazards. Development shall not be approved unless all land intended for use as building sites can be safely and reasonably used for building purposes without dangerfrom flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to health, safety or public welfare. In particular, lands that are within the 100-year flood-prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and/or developed until proper provisions are made for protective flood control measures and stormwater management facilities necessary for flood-free access to the sites. All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea level or with two and one-half (2.5) feet freeboard, whichever is greater.Flood protection provisions shall be approved by the administrator to assure that fill or grade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” Page 27 of 33 Agenda Item #4.B. 17 Jan 2023 The applicant is requesting to develop the addition at the same FFE as the existing house (8.36 feet NAVD), which is slightly less than the required 8.5 feet. Proposed addition is shown in RED ANALYSIS Section 24-65 statesthat “applicationsfor a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “\[a\] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-65(c) provides six distinct grounds for the approval of a variance: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Page 2of 3 Page 28 of 33 Agenda Item #4.B. 17 Jan 2023 (4)Onerous effect of regulations enacted after platting or after development of the property or after Irregular shape of the property warrantingspecial consideration. The applicant identified this as a ground for approval. See the application for additional comments. (5)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approveZVAR23-0002,request for a varianceto Section 24-81(k) and Section 24-251(c), upon finding this request is consistent with the definition of a variance, and in accordance withthe provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1)Exceptional topographic conditions of or near the property. (2)Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3)Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4)Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5)Irregular shape of the property warranting special consideration. (6)Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to denyZVAR23-0001,request for a varianceto Section 24-81(k) and Section 24-251(c). Page 3of 3 Page 29 of 33 Page 30 of 33 Agenda Item #4.B. 17 Jan 2023 -00 Page 31 of 33 Agenda Item #4.B. 17 Jan 2023 Page 32 of 33 Agenda Item #4.B. 17 Jan 2023 Page 33 of 33