2-6-23 Special Called Meeting of the City Commission
City of Atlantic Beach
Agenda
Special Called Meeting of the City Commission
Monday, February 6, 2023 - 5:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
PLEDGE OF ALLEGIANCE
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. PUBLIC HEARING ON WAIVER REQUEST (WAIV23-0001) FOR 826 & 838 OCEAN BLVD.
Request for a waiver from the provision of a minimum 75-foot lot width as required by Section24-106
to allow the subdivision of two (2) existing parcels into two lots.
2.A. City Attorney Procedural Reminders 3 - 5
Waiver Hearing Procedures
2.B. Disclosure of Ex Parte Communications, if any
2.C. Swearing in of all persons who will speak
2.D. City Staff Overview 7 - 18
826 and 838 Ocean Boulevard WAIV23-0001 Staff Report
WAIV23-0001 Application
2.E. Applicant Presentation
2.F. Public Comments
2.G. Closing Comments/Rebuttal
2.H. Commission Deliberation and Action
3. ADJOURNMENT
This meeting will be live-streamed and videotaped. To access live or recorded videos, visit
www.coab.us/live.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
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Special Called Meeting of the City Commission - 06 Feb 2023
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
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Agenda Item #2.A.
06 Feb 2023
CITY OF ATLANTIC BEACH
W AIVER H EARING P ROCEDURES
826 & 838 Ocean Blvd.
Quasi-judicial proceedings, such as rezonings, uses by exception, variances and waiver
requests, are not controlled by strict rules of evidence and procedure, but certain standards of
basic fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the
parties must be able to present evidence, cross-examine witnesses and be informed of all of the
facts upon which the Commission acts. The hearing must be fair and impartial and contain the
following requirements:
Notice
Quasi-judicial hearings can be very informal. The record must be made at the hearing
and the parties must be able to comment on the evidence or to introduce contrary
evidence
Written decision. The decision must be based on the record as it is produced at the
hearing and should include an analysis of the applicable statutes, ordinances,
regulations and policies as well as the facts
Fairness protections require an unbiased decision maker and decisions are to be based
on information presented at the hearing and made a part of the record
Suggested Procedure for Waiver Hearing, WAIV23-0001
Mayor to Open Hearing
City Attorney – Procedural reminders/correspondence made part of record/swearing
in of staff, applicant and any person(s) wanting to testify before Commission on this
matter.
Disclosure by the Commission members of any ex parte communications (per
Resolution 95-26, each Commissioner must disclose the subject of the
communication and the identity of the person, group or entity who made the
communication before final action).
Staff presents an overview of the subject matter and timeline of the application.
Applicant, and/or Applicant’s legal counsel, present the request and support for
approving the waiver request and Applicant’s witnesses, if any, make presentations.
Public comments – 3 or 5 minutes, depending on number of speaker cards submitted
to Clerk.
Closing comments/rebuttal by Applicant (may include cross-examination if
requested).
Commission deliberation and action, based on provisions set forth in Section 24-66,
Land Development Regulations, Waivers, which will be memorialized in the writing.
Commission may approve, approve with conditions or deny the waiver request.
Per Section 24-66, a waiver may be approved only upon a showing of good cause and
that an alternative to the specific provision (here, §24-104(d)(2) & 24-256(a)), Lot
Width) will be provided which conforms to the general intent and spirit of the Land
Development Regulations. The Commission may not approve a waiver unless it finds
that compliance with the subject Code provision (§24-104(d)(2) & 24-256(a)) would
be: 1) unreasonable; 2) in conflict with the public interest; or 3) a practical
impossibility.
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Agenda Item #2.A.
06 Feb 2023
REFERENCED CODE SECTIONS
Sec. 24-66. - Waiver.
(a) General. Except for those waivers authorized by section 24-190, where the city commission
finds that undue hardship due to unreasonable practical difficulties may result from strict
compliance with this chapter, the city commission may approve a waiver.
(b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a
written request for the waiver stating the reasons for the waiver and the facts, which support the
waiver. The city commission shall not approve a waiver unless:
(1) Compliance with such provision(s) would be unreasonable; or
(2) Compliance with such provision(s) are in conflict with the public interest; or
(3) Compliance with such provision(s) are a practical impossibility.
(c) A waiver shall not modify any requirement or term customarily considered as a variance.
(d) A waiver shall be considered only in cases where alternative administrative procedures are
not set forth within the city Code of Ordinances.
(e) A waiver from the land development regulations may be approved only upon showing of
good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall
be provided, which conforms to the general intent and spirit of these land development
regulations. In considering any request for a waiver from these land development regulations, the
city commission may require conditions as appropriate to ensure that the intent of these land
development regulations is enforced.
Sec. 24-106. - Residential, single-family district (RS-2).
(a) Intent. The RS-2 zoning district is intended to apply to predominately developed areas of
single-family dwellings with platted lots that are smaller than those in the RS-1 zoning district.
(b) Permitted uses. The uses permitted within the RS-2 zoning district shall be:
(1) Single-family dwellings.
(2) Accessory uses (see section 24-151).
(3) Government uses, buildings and facilities.
(c) Uses-by-exception. Within the RS-2 zoning district, the following uses-by-exception may be
permitted:
(1) Churches, subject to the provisions of section 24-153.
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Agenda Item #2.A.
06 Feb 2023
(2) Public and private recreational facilities not of a commercial nature and of a
neighborhood scale intended to serve the surrounding residential neighborhood.
(3) Schools.
(d) Minimum lot area. Existing legally established lots of record may exist, which do not meet
the following requirements. These lots may be developed subject to all applicable land
development regulations; however, all lots created after January 1, 2002 must comply with these
minimum lot size requirements in order to obtain building permits authorizing development. The
minimum size for lots within the RS-2 zoning district, shall be:
(1) Lot or site area: Seven thousand five hundred (7,500) square feet.
(2) Lot width: Seventy-five (75) feet.
(3) Lot depth: One hundred (100) feet.
(e) Minimum yard requirements. The minimum yard requirements within the RS-2 zoning
district shall be:
(1) Front yard: Twenty (20) feet.
(2) Rear yard: Twenty (20) feet.
(3) Side yard: Combined fifteen (15) total feet and five (5) minimum feet on either side.
(f) Building restrictions. Building restrictions within the RS-2 zoning district shall be:
(1) Maximum impervious surface: Forty-five (45) percent; provided, however, where
lawfully existing structures and improvements on a parcel exceed this applicable
percentage, redevelopment of such parcels or additions/modifications to such structures
and improvements shall not exceed the pre-existing impervious surface percentage,
provided the requirements of section 24-68 are met.
(2) Maximum building height: Thirty-five (35) feet.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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Agenda Item #2.D.
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