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Special Called Meeting of the City Commission - 30 Oct 2023 - Agenda - Pdf1111111111111111111111111111111111 City of Atlantic Beach Agenda Special Called Meeting of the City Commission Monday, October 30, 2023 - 5:30 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE OF ALLEGIANCE Page(s) 1. CALL TO ORDER AND ROLL CALL 2. PUBLIC HEARING - APP23-0002 — APPEAL OF THE COMMUNITY DEVELOPMENT BOARD (CDB) DECISION FOR ZVAR23-0016 (1110 SCHEIDEL COURT) 2.A. City Attorney Procedural Reminders 3 - 6 Appeal 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, Documentation and Presentation/Testimony APP23-0002 Staff Report 2.E. Applicant's Documentation and Presentation/Testimony 2.F. Public Comments 2.G. Closing Comments/Rebuttal 2.H. Commission Deliberation and Action 3. ADJOURNMENT 7-55 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 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. 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. Page 1 of 55 Special Called Meeting of the City Commission - 30 Oct 2023 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 contact the City Clerk's Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting. Page 2 of 55 Agenda Item #2.A. 30 Oct 2023 CITY OF ATLANTIC BEACH PROCEDURES FOR APP 23-0002 APPEAL FROM DENIAL OF VARIANCE ZVAR 23-0016 BY COMMUNITY DEVELOPMENT BOARD 1110 Schelde! Ct. Pursuant to 24-49(b) of the Land Development Regulations (LDR) attached, appeals from a decision of the Community Development Board (CDB) may be made to the City Commission by any adversely affected person(s), or any officer, board or department of the City and must set forth how the decision being appealed is in conflict with or in violation of the LDR, in whole or in part, and specify the grounds of the conflict or violation. Appeals of a CDB decision to the Commission are de novo, meaning that the appeal hearing proceeds from the beginning, as if the prior hearing at the CDB had not occurred. Quasi-judicial proceedings, such as rezonings, uses by exception, variances, waiver requests, and appeals 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 per § 24-51(k), LDR. • 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 Appeal Hearings: • Mayor to Open Public Hearing. • City Attorney— Procedural reminders/correspondence made part of record. • 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 and basis for decision by CDB. • Commission questions for Staff, if any. • Applicant, and/or representatives/legal counsel, if applicable, present the request and support for approving the variance request and Applicant's witnesses, if any, make presentations. • Commission questions for Applicant/witnesses, if any. • 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). • Mayor closes Public Hearing. • Commission deliberation and action, based on provisions set forth in Section 24-65 (c), Land Development Regulations, Variances (attached), which will be memorialized in a written order. • Commission may approve, approve with conditions or deny the variance request. • Per Section 24-65 (c), a variance may be approved if the Commission finds that one (1) or more of the following factors exists to support an application for 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 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 to provide for the reasonable use of the property. Page 3 of 55 Agenda Item #2.A. 30 Oct 2023 REFERENCED CODE SECTIONS Sec. 24-49. - Appeals. Appeals of administrative decisions made by the planning and community development director and appeals of final decisions of the community development board may be made by adversely affected person(s) in accordance with the following provisions. Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to the interested parties as set forth in .ori ii : ' , hereof. At the hearing, any party may appear in person, by agent or by attorney. (a) Appeals of administrative decisions of the planning and community development director. Appeals of a decision of the planning and community development director may be made to the city commission by any adversely affected person(s), or any officer, board or department of the city affected by a decision of the planning and community development director made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, ruling, decision or determination being appealed. The planning and community development director shall, upon notification of the filing of the appeal, transmit to the city commission, all the documents, plans, or other materials constituting the record upon which the action being appealed was derived. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (b) Appeals of decisions of the community development board. Appeals of a decision of the community development board may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (c) Stay of work. An appeal to the city commission shall stay all work on the subject premises and all proceedings in furtherance of the action appealed, unless the administrator shall certify to the city commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order, which may be granted by the city commission after application to the officer from whom the appeal is taken and on due cause shown. Page 4 of 55 Agenda Item #2.A. 30 Oct 2023 Sec. 24-65. - Variance. • Sec. 24-65. - Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a variance may be authorized include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in r :1 I.of )1 i, At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for 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. (2) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by - exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by the community development board. In the event, that the use -by -exception is denied by the community development board, any approved variance shall be rendered null and void. (3) The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. Page 5 of 55 Agenda Item #2.A. 30 Oct 2023 (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for 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 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 to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. Page 6 of 55 Agenda Item #2.D. 30 Oct 2023 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: APP23-0002 (Appeal of a decision of the Community Development Board for variance request ZVAR23-0016 for1110 Scheidel Court) SUBMITTED BY: Amanda Askew, Director of Planning and Community Development,' TODAY'S DATE: October 25, 2023 MEETING DATE: October 30, 2023 BACKGROUND: The applicants, Mitchell Skaff and Connor Millsaps, are appealing the final decision of the Community Development Board (CDB) for variance request ZVAR23- 0016 made on June 20, AU 2023. The property,5O1 103 �'' s 1110 Scheidel Court, c 99 was developed by "°"t, 1095 95 91 Habitat for Humanity in � P,', 1099 1101 87 83 2006 along with 13 499 1105 additional townhomes. 1105 This property was sold 1107 to the current owners in 2022. The lot is 27.50 "" 0 1101. feet wide by 74.37 feet 1103 Residenttial locatedGeneral t deepa qh Multi -Family (RG -M) zoning district. The CDB denied the m, request for a variance 1085 0 from Section 24-108 (e) and (f) to reduce the minimum rear yard setback, exceed the maximum impervious surface area, and Section 24-68 (3) for the required on-site water retention to allow an existing unpermitted covered patio (porch) to remain. The CDB denied the request finding that the required factors to support an application for a variance were not met due to "no grounds for approval." Section 24-49(b) of the Land Development Regulations permits the appeal of the final decision of the CDB by any adversely affected person(s) and states that they are de novo (start from the beginning). In other words, as if the CDB hearing had not occurred. Per 24-49(b) the applicant must indicate that the decisions of the CDB being appealed is in conflict with or in violation of Page 7 of 55 Agenda Item #2.D. 30 Oct 2023 Chapter 24. Since this is a de novo proceeding, Commission must review the appeal under the criteria set forth in section 24-65(c) variances. According to the applicant's application the grounds for appeal is the following: • "Variance denial for our Pergola in regards to our hardship." VARIANCE REQUEST: The need for the variance is due to a covered patio and pavers installed on the property without permit. The applicant was seeking a variance from the CDB for multiple code sections in efforts to keep the unpennitted covered porch. Staff learned about the existing unpermitted covered patio when an adjacent neighbor inquired about building a similar structure and learned that they did not have enough space to meet the zoning code requirements. Per Section 24-108(e), the rear yard setback in the RG -M zoning district is 20 feet and side yard setback is 7.5 feet on each side. The unpermitted covered patio is attached to the townhome. Therefore, it cannot be considered an accessory structure. According to Section 24-151(b)(2)(f), "Any accessory building or structure located closer than five (5) feet to a principal structure shall be considered attached, and shall comply in all respects with the lot, yard and scale limitations applicable to the zoning district in which they are located." As a result, the applicant is requesting a variance to exceed the rear yard setback by 16.1 feet, side (south) yard setback by 2.5 feet, and side (north) yard setback by 2 feet. Setbacks in RG -M Rear Yard 20 feet Side Yard (south) 7.5 feet Side Yard (north) 7.5 feet Unpermitted covered Porch Setback 3.8 feet 5 feet 5.5 feet According to the survey dated January 9, 2006, the final impervious surface area after development of the lot was 51%. Section 24-108(f)(1), states that "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". The survey provided with the application shows the existing lot coverage at 75.6%. The applicant is requesting variance to exceed the maximum impervious surface area due to the added pavers and covered porch. In order to meet the maximum 51 % impervious for this property, 495 square feet of impervious surface area TO TA".. N°i,, a°its°, ,..;r;, "at 1.545 s would need to be removed. I.01 tHO$'1) „ _C ar ;��i LOJ ARi A DLu+.9i,�lC COCKLE i C;tiVt. PA1e! (' Rar% T) AVFRS (W, AS) £QU 114E14 PADS - ?nacS" 65? 5r ;3'30 SF. S.1 - 46* S. f - 25 S LQ7' cOYE AG( 75.6X I1jI1� . �u,,�.u,uu Page 8 of 55 Agenda Item #2.D. 30 Oct 2023 Section 24-68(b)(2) requires on-site water retention for projects that increase the impervious surface area on the property by more than 250 square feet. The unperrnitted covered porch and pavers added 495 square feet of impervious surface area, thus triggering the on-site stomiwater provision. The applicant was denied the variance request by the CDB 'because they found that the evidence did not meet any of the grounds for approval outlined in Section 24-65. •30 E ST tiO ES101.14 Page 9 of 55 Agenda Item #2.D. 30 Oct 2023 Section 24-65 authorizes the CDB to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples relief include setbacks, impervious surface area, parking standards, fence heights, etc. "In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof." The existing zoning could would not permit a similar structure in this townhome community. I„.re ,,,,01((((((((((((((((((((((((« 'dlYl!I�i��l�piyivir��wvry, �� .11111,1 View of rear of property 40 tpV rlf'I u piIiiiIIIIIIII I ^yNAP 9! uuIIIIII_°ii G d n6ligIl��ltll" V Ju11111 otoloont 0,11.010044,4014M1::::::::1.0410010161,1 11111111 111111 loot OA �� II'i�Illlil�ikU4 m Page 10 of 55 Ki IVO�,,,a'„mIU vtlr I u!IYVIeIIIgiG;",II Agenda Item #2.D. 30 Oct 2023 View from side (south) yard !!!,,,,1111 0,1 t` +IH�Iloll IYIYIiiylYl I °;��IYIYlllllili i' N� �r t' µl ° : $uuVN� 1111 oow!'r., illlllulr,� alw!�01;�`�' ulu�'�myrm W�JIVVIp!�W!a�lup Iwml+al'W.VIh'�V,y1o!W'�IYC'o"'91p11,,„� , ur^,rm��',IYmri�°�IiIItlX',mY"�li ^Irll"�' luiY!',Irllli!'i^;r�,yluY�1�CV�i"Iliipiln Wo�X„n',,, _,�IiWpl'dlv8 �Yhu, •,4�uIYRN IIIN�I'. BUDGET: none al "U>iIWUUr�y�,��Nt RECOMMENDATION: Review and vote on APP23-0002 (an approval would approve ZVAR23-0016 and a denial would not approve ZVAR23-0002) REQUIRED ACTION: The Commission may consider a motion to approve APP23-0002/ ZVAR23-0016, request for a variance from Section 24-108 to reduce the minimum rear yard setback, increase the maximum impervious surface area, and Section 24-68 required on-site water retention to allow an existing unpermitted covered patio upon finding this request is consistent with the definition of a variance, and pursuant to Section 24-65(c) in the Land Development Regulations below: 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 11 of 55 Agenda Item #2.D. 30 Oct 2023 (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 to provide for the reasonable use of the property. Or, The Commission may consider a motion to deny APP23-0002/ZVAR23-0016, request for a variance from Section 24-108 to reduce the minimum rear yard setback, increase the maximum impervious surface area, and Section 24-68 required on-site water retention to allow an existing unpermitted covered patio upon finding this request does not meet any of the criteria set forth in section 24-65(c) nor is consistent with the definition of a variance. ATTACHMENT(S): Appeal Application Section 24-65 in the Land Development Code Section 24-108 in the Land Development Code Section 24-68 in the Land Development Code CDB staff report Variance Application CDB Meeting Minutes REVIEWED BY CITY MANAGER: Page 12 of 55 REQUEST FOR APPEAL City of Atlantic Beach s Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 SITE INFORMATION ADDRESS 1110 Scheidel Court SUBDIVISION RE# 178958-0818 APPLICANT INFORMATION NAME Mitchel Skaff and Connor Millsaps ADDRESS 1110 Scheidel Court PROPERTY LOCATION Atlantic Beach RE# 178958-0818 Agenda Item #2.D. 30 Oct 2023 FOR INTERNAL OFFICE USE ONLY FILE # APP23-0002 ❑ $300.00 Application Fee BLOCK Tract A LOT Unit4 X❑ RESIDENTIAL ❑ COMMERCIAL ❑ OTHER EMAIL mskaff904@gmail.com CITY Atlantic Beach LOT/PARCEL SIZE 2045.175 sq ft STATE FL ZIP CODE 32233 PHONE # 904-885-5700 CELL # 904-874-9488 ZONING CODE RG -M WHAT ISSUE ARE YOU APPEALING? Variance denial for our Pergola in regards to our hardship PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING: My family and I bought this lot and were subsequently told by the city that the property we bought had several code infractions, specifically our Pergola being inside our back sets as well our lot being above the maximum impervious surface percentage. The city denied our Variance but we are appealing this decision on the grounds that my family and I were not the builders of this property, we are innocent bystanders being punished for the deeds of the owner before us. Having our family remove such a minuscule structure would cost us thousands in repairments but also severely damage the value of our first home that I am currently paying a loan on! We also are challenging the ruling that our lot does not qualify as a sub—standard sized lot. Our lot is 2,000 square feet, well below the AB minimum lot size of 7,500. Having a lot of this size and being contrained by these codes not give me fair use of my property. Please work with my family to either provide the variance as is, or at the very least provide us modifications we can make to the current structure in order to meet the standards of the city. It is not hyberbole to say that removing this pergola and pavers would financially ruin us. Please help our family keep our home! I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent `.......... -.... �.w PPLICAN SIGNATURE Cpl`��ApP ICANT t NARJY v�o SIOFAPPLICANT (2) Signed and sworn before me on this y fl t)) a 1=5 11 Identification verified: W' �, V Y\ OWL Oath Sworn: ❑ Yes ❑ No 23 REQUESTFORAPPEAL 07.08.2019 Mitchel Skaff PRINT OR TYPE NAME Connor Millsaps PRINT OR TYPE NAME )1 day of I(,-oll ;,(__ 11 KASEY KING MY COMMISSION # HH352760 • EXPIRES: January23,2027 My Commission expires ifi-'7> by 0 DATE :1j DATE State of U)isai County of 01/1/Va, /\/ A"'.,'i tary Signature ............. Page 13 of 55 Agenda Item #2.D. 30 Oct 2023 Sec. 24-65. Variances. The community development board is authorized to grant relief from the strict application of certain land development regulations where, due to an exceptional situation, adherence to the land development regulations results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land development standards for which a variance may be authorized include but are not limited to: • Parking standards • Drive aisle width • Setbacks • Landscaping • Fence height • Impervious surface However, variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the permitted uses or any use terms of a property. In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make the property unique or difficult to use. The applicant has the burden of proof. The community development board must determine that granting the request would not cause substantial detriment to the public good and would not be inconsistent with the general intent and purpose of the land development regulations. A variance may be sought in accordance with this section. Applications for a variance may be obtained from the community development department. (a) Application. A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: (1) A legal description of the property for which the variance is requested. (2) A reasonable statement describing the reasons and justification for the variance. (3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other significant features existing on the lot. (4) The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public hearing. Upon receipt of a complete and proper application, the planning and community development director shall within a reasonable period of time schedule the application for a public hearing before the community development board following required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. (1) Applications for 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. (2) The community development board shall not grant a variance, which would allow a use that is not a permitted use, or a permitted use -by -exception in the applicable zoning district. In the case of an application for a use -by -exception that is considered concurrently with an application for a variance, approval of the variance shall be contingent upon approval of the use -by -exception by (Supp. No. 48) Page 1 of 3 Created: 2023-03-29 12:46:21 [EST] Page 14 of 55 (3) Agenda Item #2.D. 30 Oct 2023 the community development board. In the event, that the use -by -exception is denied by the community development board, any approved variance shall be rendered null and void. The community development board shall not approve any variance that would allow a use that is prohibited by the terms of this chapter or by the comprehensive plan. (4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. (5) Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (c) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. 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 to provide for the reasonable use of the property. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (d) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (e) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. (f) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (g) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (h) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension not to exceed an additional twelve (12) months, beyond which time the variance shall become null and void. (3) (Supp. No. 48) Page 2 of 3 Created: 2923-03-29 12:46:21 [EST] Page 15 of 55 (i) Transferability. A variance, which involves the development of land, shall be transferable and shall run with the title to the property unless otherwise stipulated by the community development board. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) (Supp. No. 48) Page 3 of 3 Agenda Item #2.D. 30 Oct 2023 Created: 2023-03-29 12:46:21 [EST] Page 16 of 55 Agenda Item #2.D. 30 Oct 2023 Sec. 24-108. Residential, multi -family district (RG -M). (a) Intent. The RG -M zoning district is intended for development of medium to high-density multi -family residential areas. (b) Permitted uses. The uses permitted within the RG -M zoning district shall be: (1) Single-family dwellings. (2) Two-family (duplex) dwellings subject to density limitations. (3) Townhouses, subject to density limitations, compliance with article IV, subdivision regulations and section 24-88. (4) Multi -family dwellings, subject to density limitations. (5) Accessory uses as set forth in section 24-151. (6) Government buildings and facilities. (7) Family day care homes and group care homes. (c) Uses -by -exception. The following uses may be approved as a use -by -exception within the RG -M zoning district: (1) Churches. (2) Public and private recreation facilities not of a commercial nature and of a neighborhood scale intended to serve the surrounding residential neighborhood. (3) Child care facilities. (4) Schools and community centers. (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 and density limitations; 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 RG -M zoning district shall be as set forth herein. (1) Minimum lot or site area: Seven thousand five hundred (7,500) square feet. (2) Minimum lot width in the RG -M zoning district: Seventy-five (75) feet. (3) Minimum lot depth in the RG -M zoning district: One hundred (100) feet. (4) Notwithstanding subsections 1, 2 and 3, the final lot sizes for proposed new townhouse development may be less per unit, subject to density, compliance with article IV, subdivision regulations and section 24-88, provided the parent tract meets the requirements of subsections 1, 2 and 3. (e) Minimum yard requirements. The minimum yard requirements in the RG -M zoning are: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either side. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side. c. Multi -family dwellings: Fifteen (15) feet each side. (Supp. No. 48) Page 1 of 2 Created: 2023-03-29 12:4G:21 [EST] Page 17 of 55 (f) Building restrictions. The building restrictions for the RG -M zoning district shall be as follows: (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. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) (Supp. No. 48) Page 2 of 2 Agenda Item #2.D. 30 Oct 2023 Created: 2023-03-29 12:46:21 [EST] Page 18 of 55 Agenda Item #2.D. 30 Oct 2023 Sec. 24-68. Stormwater, drainage, storage and treatment requirements. (a) Topography and grading. All lots and development sites shall be constructed and graded in such a manner so that the stormwater drains to the adjacent street, an existing natural element used to convey stormwater (see section 22-303, definitions: Stormwater management system), or a city drainage structure after meeting onsite storage requirements, as set forth within this section. The city shall be provided with a pre - construction topographical survey prior to the issuance of a development permit and a post -construction topographical survey prior to the issuance of a certificate of occupancy. Elevations in all topographic surveys will be referenced to NAVD 1988. Said surveys shall be signed and sealed by a licensed Florida surveyor. Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. (b) Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (1) All development and redevelopment projects which result in improvements that exceed fifty (50) percent of the market value of all improvements, if any, on the subject development parcel before the new development or redevelopment project is started shall provide onsite storage of stormwater for all impervious surface on the development parcel. (2) Projects which do not exceed the fifty (50) percent threshold described in subsection (1) above, but increase the impervious surface on the development parcel by more than two hundred fifty (250) square fee shall provide onsite storage of stormwater for the increase in the impervious surface area only, (3) Projects which do not exceed the fifty (50) percent threshold and increase the impervious surface on the development parcel by two hundred fifty (250) square feet or less are not required to provide onsite storage of stormwater; provided, however, as of July 8, 2019, this exemption shall apply one (1) time only for each development parcel. (4) Any modification or replacement of driveway and sidewalk areas only on a developed lots shall not be required onsite storage improvements provided the modification or replacement does not alter the footprint of the existing driveway or sidewalk area. (5) Applicants shall provide documentations and calculations to demonstrate compliance with submittal of applications for construction. (6) Projects previously permitted by the St. Johns River Water Management District (SJRWMD), which have an in -compliance existing retention or detention that collects and controls stormwater are exempt for further onsite storage requirements; provided, however, a copy of the Engineer's Certification of As -Built Construction to the SJRWMD must be submitted to the city before building permits for individual lot construction may be issued. (7) When onsite storage is required, an as -built survey, signed and sealed by a licensed Florida surveyor, documenting proper construction and required volume of the storage system, must be submitted to and approved by the director of public works prior to permit closeout or issuance of a certificate of occupancy. For an under -ground system, a notarized letter from the general contractor, along with as - built plans and construction photographs will be sufficient to document proper construction. (8) In addition, a declaration of restrictive covenant, in recordable form and approved by the city, identifying and describing the required on-site storage improvements to be maintained, shall be executed and recorded in the public records of Duval County, Florida, by the owner of the (Supp. No. 48) Page 1 of 3 Created: 2023-03-29 12:46.21 [EST] Page 19 of 55 (9) development parcel and shall be binding on successors and assigns, prior to permit closeouts or issuance of a certificate of occupancy. Volume calculations for any projects that require onsite storage shall be based on the following calculation: V = CAR/12, where V = volume of storage in cubic feet, A = total impervious area, Agenda Item #2.D. 30 Oct 2023 R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and ;b21; C = runoff coefficient, which is 0.92 which is the difference between impervious area (C=1.0) and undeveloped conditions (C=0.08). This volume must be stored at least one (1) foot above the wet season water table and below the overflow point to offsite (in many cases this may be the adjacent road elevation). As an option, and as approved by the director of public works, an applicant may implement, at the applicant's cost, offsite storage and necessary conveyance to control existing flood stages offsite, provided documentation showing appropriate authorization for the off-site use and meeting the requirements of this section is submitted and approved by the city. (c) Floodplain storage. There shall be no net loss of storage for areas in a special flood hazard area (100 -year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMs). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this no net loss" requirement is met. (d) Stormwater treatment. For all new development or redevelopment of existing properties, excluding single - and two-family uses, where construction meets limits for requiring building code upgrades, stormwater treatment shall be provided for a volume equivalent to either retention or detention with filtration, of the runoff from the first one (1) inch of rainfall; or as an option, for facilities with a drainage area of less than one hundred (100) acres, the first one-half ('A) inch of runoff pursuant to Chapter 62-330, Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or contribute to a violation of water quality standards as provided in Section 62-302, FAC. This treatment volume can be included as part of the onsite storage requirement in item d(2) [subsection (b)] of this section. NPDES requirements. All construction activities shall be in conformance with the city's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the St. Johns River Water Management District and the Florida Department of Environmental Protection. NPDES requirements include use of best management practices (BMPs) prior to discharge into natural or artificial drainage systems. All construction projects of one (1) acre or more require a stand-alone NPDES permit. Site clearing, demolition and construction on any size site may not commence until site inspection and approval of the proper installation of a required best management practices erosion and sediment control plan is completed. Enforcement. Subsequent to approval of a property owner's final grading, including onsite and/or floodplain storage and stormwater treatment and closeout of the applicable permit or issuance of certificates of occupancy, the improvements shall be maintained by the property owner. In order to ensure compliance with the provisions of this section and the requirements to maintain onsite stormwater improvements over time, the city is authorized to conduct inspections of property, upon reasonable notice and at reasonable times, for the purpose of inspecting said property and/or onsite storage improvements for compliance with this section and with any applicable conditions of previously issued permits. Failure to maintain the improvements will require restoration upon notification by the director of public works, within a stipulated time frame. If restoration is not timely completed, the city shall have the right to complete the restoration, (e) (f) (Supp. No. 48) Page 2 of 3 Created: 2023-03-29 12:46:21 [EST] Page 20 of 55 Agenda Item #2.D. 30 Oct 2023 and the city's actual cost incurred, together with a charge of one hundred (100) percent of said costs to cover the city's administrative expenses, shall be charged to the then owner of the property. (g) Variances to impervious surface area limits. Variances to impervious surface limits shall be subject to the provisions in section 24-65. Impervious surface requirements shall not be eligible for relief via waivers from the city commission. (Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh. A), 7-8-19) (Supp. No. 48) Page 3 of 3 Created: 2023-03-29 12:46:21 [EST] Page 21 of 55 of dlVi�pllu^"!,�hdgiull VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 322.33 (P) 904-247-5800 APPLICANT INFORMATION NAME Mitchel Skaff and Connor Milisai,ros ADDRESS 1110 Scheldel Court PROPERTY LOCATION 1110 Schelde] Court RE# 178958-0818 LOT/PARCEL SIZE 2045.175 sr:l ft Agenda Item #2.D. 30 Oct 2023 FOR INTERNAL OFFICE USE ONLY PERMIT# ZVAR23-0016 EMAIL mskaff904@gmail.com CITY Atlantic Beach BLOCK # Tract A ZONING CODE RG -M COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION RH STATE EL ZIP CODE 32233 PHONE4 904-885-5700 CELL 904-874-9488 LOT ti Unit 4 UTILITY PROVIDER AB,JEA PROVISION FROM WHICH VARIANCE IS REQUESTED Setbacks, Impervious surface, Storm water retention- Pergola Homeowner's Association or Architectural Review Committee approval required for the proposed construction YES EI NO (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which Is attached to this application. fl- nt„rind site plan must clearly describe arid deppptctthe Variance that is reauested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1, Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner's) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance Is sought, 4. Required number of copies:One (1) digital copy- additional paper copy Is optional. 5. Application fee of 5300.00. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorlzill Agent I!' Itl SIGNATURE OF APf fi-I£ANT SI NATURE OF APPLICANT (2) Mitchel Skaff PRINT OR TYPE NAME Connor Millsaps PRINT OR TYPE NAME Signed and sworn before me on this day of.... IIS VI%III;,�whw,V'IPu :IIl,gll'I'.IV'tllrv."'Vmul'.:u�° '111,1 a 'r „., u , II 'IIViIIrVv II 00100.01 :0010:04, 'lp0,0,„,:‘,100 M1I, "�I' III I,,M� I'en N tl., Jxl'�4 VII 0,000,000,0010,410."110, li xY pi G' u.100.0 % Ij°1iilMdl I Ild . ATE� DATE by 0'0d1'1,, I10uu010110;0II„I V q„"'""":00 0410' 000 00„ Page 22 of 55 Agenda Item #2.D. 30 Oct 2023 !l"I!'o.e^. 'fr; linoWilirRVq lll'I19l',3'ipl"ir sets 1l`'r;,pl°' .'11 reasons (far which a Variance, army be approved, l.3i1te„rcJ,ti'i`e111V4,x,,k the ^ittUGPnlntU1Nthat tJrU�fl yourI4�vtuf and fif!y rii.uu" ul llttnthe "pc,c0 i,00r o i'u IU;uhn<.., r;ylnoaloins foe Vuf'wivrrrv,iv'! of a V"srllrl'rcsri: f'rrlll+:u4n,nlilr ha'I a (..,,.os t3IP!!.:. E t, u:.:=I.:=r.:uw-!';:fl:G+.:'u4"a,:rl11:ara,Hvs::Ih', ..)I_h:h1.° r:.i:rrtr;Uilil ... �' IG"UYvYT• iCJli' 4:5r I:'tll",,1=per' ip °�4" 1ieq P'lli nN II'Vh"h lul ;'Aar' iR 118 rcNd 11 (I'll u�q'i �dll'l, 1"ail H2"' C"a "�I0 dN°R'iSUI{"h '1I f,I"d V 'e;. III'1011..h;11 Irt.10, Iii,;:ra Ir 'thIr" f 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. . Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area, n 4, Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property, r S. Irregular shape of trie property warranting special consideration. fi<1 b. Substandard sic of a tot or liecoro warranting a Variance in order to provide for the reasonable Use of the property. Chis is an abnorrnaily small lot. The minimum lot size in Atlantic Beach is 7500 sq ft. Our lot sfte k 2045 sq tt. Also, the lot is on a hill With different elevation front to back. d. Approval of a Variance. To approve an application tor a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested If a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for resubmittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall bo accepted for 355 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause. may authorize a one time extension not to exceed an additional six (6} months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the (Community Development board. t4 VARYANCE APA( fCATrfN(.23.2O2O Page 23 of 55 Agenda Item #2.D. 30 Oct 2023 ADDITIONAL CO MHS: .My wIre and It purchased rthirt 4'.(Olik10 o yeal ago 01. Yhr. pravtausty a Hallam fi'7V HOrnality pnuperiy,u, NVe were se atecoretr to Inver tt ,Ailantre We both graduated from colliery, saved ous rneney and Lsrere so nb(cifted to, hey ohr first home together. All 'we wanted was 'to find a place we word attord near the treads, the pergola was the setting point for NZ as lit was tryeiltroade and past beautIhill„ eS 'you can stte horn the philtres, It's not ,any rittii pergola! We spc ie( most of ()hurdle to that spare irtnettaterott f nerds ,a net Mrtntyt Unfortunately, It was not disclosed to us by tne plenteous, owner that It was ore per vetted beton bellryo LEAL ...tf..e„.e coH ..e evk—yr.0 Shwo berocollin aware of the lissues wo hewn obtaded a inow Land Sioveiy, prnken w Aricitela and A entrant treatable times 'for advice and next steps,. 'Wo have aka V4.:04 had 01.21 to Po Lll Worl Ics, as In tstrected, hes been 50.g9gested to us &Mt 1,M1.,2 mere before mtte hoard to Wessel raw case anti to ask tor a vartanoo, whereas .wct aro nittle to keep nor petualla %Air r some ,adjostrnento yire are requesting a hardship he can5idlorod regarding the 547,2 oil! out tot we wood Ilk it to tte lkocrwa Ova our tot stze, ter eerrn pa Mien to other Ilets tn ,Attanalc Beach, significantly smatter, ,allowtng rrarett less otttporittatity fctr deshr and the betterment of the property, urt fegatal$ to the pa vows, we Ihr'we. been told that even tt We renters/von alt the payers, we vrat11 bo Jit 4 imperytot W114,,t'h k, ,rnNt.N 1.4 Wett, k. we* VI011.7'd 014! I 'new V.And 5a.a ve.5+ ir paver y is Iln flood watte. 0,ft'a of oulnlanal f and hazanit as well as can On netetntmen Limn the flood In s tirance tate map No,. 1203111C0408,1, revIted Nrrem bet 201n tor Duvet County, Ronda", Vire were noCratre If this inforenatton would have arty Impart It, just .sernet h Mg we had nrartted ors the new survey,. Roger Onnir br* VLLkI1.. oIour rondo, dro ma neatly ,drop vitt I tout the pertynta, We would bre payIng asfrjofficank amount of our Irriortgate wall -mut the Mt! value,. Ill would be devalued tremendously ororg with the value &Iles arrighbor hood, We .wortilld 'he faired to seri opt ha aroo dad it 1,vorold bc oatastropINI,... to UMS hum as lInanciat standpoint as well as, bersorlq/ 11)7,, We, ahe assured this pergolia adds valltraLiLLtilts par cheater area of Atlantic Beach And rertgrily to our neighborhood. in Lir...stool, we armlet overstate Ihrow rLesiLrophlc Vo0,rog the wrench OguttAki te for os rh005Otay id liadOC taNy„ 'oiotAi be forced to strongly c on der moving out of Atlantic Beach, which we nave g row n to rove...We are Lertalln we te mild not afford anywhere else h 6, we humbly ask that you pleasa amovo,4, osLckeno the porgora With whenever modIficaltanos yori deem hasessaty, Thank you lot yOUt dine and ociersidatarIon in this stressful roaster, MItcher Skaff a n cf ,C onryor Isat 19 VARIANCE APPLICATION 08.25 .202 (1 Page 24 of 55 NO TES: M O OoZ f O "lio' w t -4i 92 .ci491 f S3 11 -0 LTi; C) Ow Tn ,3-....,3 • grej o.7 UNIT 1 / UNIT 2 4 1 I l d EXISTING LOT COVERAGE = 75.6% 1 Ia 1 .I la 1 i; rn I I 1 a V. I 1 OYIWIIYV NINCN CONCRETE DRIVE PAVERS (FRONT) PAVERS (REAR) EQUIPMENT PADS Agenda Item #2.D. 30 Oct 2023 = oar a.r. = 330 S.F. = 77 S.F. = 461 S.F. = 25 S.F. TOTAL IMPERVIOUS AREA = 1,545 S.F. I 22.t 2-STORY WOOD FRAME , ,..a I 6!1 RESIDENCE Na CO. 1 1 g� I UNIT\� `� (FIELD) 1 N �, 4.....� 74.37�- 1 1 >vB X4:30"E �.�74 3T NB2 • RESIDENCE Ho. 0E EVA ON i; EI. W LEGEND: IU DENOTES TRANSFORMER PAD "I o OENOTES WATER ICIER COO DENOTES CLEAN OUT al o, 0 rn rn r 7.4G <0 vso 73 O -1 1. THIS IS A BOUNDARY SURVEY. 2. BEARINGS BASED ON THE SOUTH UNE OF UNIT 4, BEING SOUTH 82'54'30" WEST PER PLAT. 3. NO BUILDING RESTRICTION UNES PER PLAT. 4. EASEMENTS SHOWN PER PLAT. 5. UNDERGROUND UTIUTIES SERVING THIS PROPERTY HAVE NOT BEEN LOCATED OR SHOWN. THE PROPERTY DESCRIBED HEREON UES IN FLOOD ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) AS WELL AS CAN BE DETERMINED FROM THE FLOOD INSURANCE RAZE MAP No. 12031C0408J, REVISED NOVEMBER 2, 2018 FOR DUVAL COUNTY, FLORIDA. NOT VALID VA MOUT THE SIGNATURE AND ThE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.' ww.� CHECKED BY: DRAWN BY:. m....._..KJC-P.....w FILE * 20,2E-1490 74.37 'L� 74.49 (F S- J eT Int Ea*1Q1T + AAII 1 UNIT 5 THIS SURVEY IS CERTIFIED TO: MITCHEL SKAFF; CONNOR MILLSAPS SCALE: .1" 2O' e' • } r ..I,. JASON D. BOATMGHT. ...... ' M11 I Tv: . ' FLORIDA LICENSED SURVEYOR AND MAPPER -.No. LS 7292 FLORIDA UCENSED SURVEYING & MAPPING BUSINESS No. LB 3672 BOATWRIGHT LAND SURVEYORS, INC. DATE: OCTOBER 26, 2022 1500 ROBERTS DRIVE JACKSONVILLE BEACH, FLORIDA SHEET 4.......cs............. 1 (904) 241-8550 Page 25 of 55 Agenda Item #2.D. 30 Oct 2023 Doc # 2022029657, OR BK 20125 Page 1869, Number Pages: 2, Recorded 02/01/2022 10:55 AM, JODY PHILLIPS CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $2352.00 Prepared By and Return To: J. Riley Williams, PLC 2141 Park Street Jacksonville, FL 32204 Order No.: 21-2165-13 Property Appraiser's Parcel I.D. (folio) Number: 178958-0818 WARRANTY DEED THIS WARRANTY DEED dated January 13, 2022, by Clifford T. Long, a single man, whose post office address is 155 May St. E, Baldwin, Florida 32234 (the "Grantor"), to Mitchel Skaff, a single man, and Connor Millsaps, a single woman, as joint tenants, whose post office address is 1110 Scheidel Ct., Atlantic Beach, Florida, 32233 (the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten And No/100 Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situated in County of Duval, State of Florida, viz: Unit 4 of Scheidel Court Condominium, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Book 12848, Page(s) 787, of the Public Records of Duval County, Florida, and any amendments thereto, together with its undivided share in the common elements. Subject to easements, restrictions, reservations and limitations of record, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in Fee Simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to: December 31st, 2021. Page 1 of 2 Page 26 of 55 OR BK 20125 PAGE 1870 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: Witness Signature i- \A©t...u, P P'nte Na73i of First Witri s ✓Vitnd'ss Signature • OccAr Printed Name of Second Witness State ofL. County of tJ,ti~� y t Clifford T. COT-ig The foregoing Instrument was acknowledged before me by means of tEr physical presence or 0 online notarization, this /3 day of ✓J l r iu r s ,2 Z , by Clifford T. Long, who 0 Is personally known or IL has produced a driver's license as identification. Notary Seal Notary Public State of Florida Robert S. Young My Commission HH 112845 Expires 6410/2025 Page 2of2 Notary Public, State of Printed Name: My Commission Expires: Agenda Item #2.D. 30 Oct 2023 Page 27 of 55 lµ� VWppijf 1111tlIIIIII ViI N I1VI�IIIlul11111VItPk;dnl 1 111111111 114 Agenda Item #2.D. 30 Oct 2023 Illllr lll11j'�PhhldllVullllmll��11 1111�I" IVI �I IV 4V111i1u� ul 1 ®� I�� I Ii I�IIPI�I�V��YII,IVIu11� Y, I I 11IIIIIY�Y1(l111rlM1hlplul��llIIS wgllu IIV!9�I�Ij Illlhl ^Illill�` 1,1,1,1,1i„11111',1111l � �111p81"IIII,111 ,I Ir 1111 11 1� II ""'i111��Y1� nmVuuum ." 111 �I101ml'II�, rr Idul('��II 111111111,1,1111 II '11 ofunl''�I I°�i' �1pp 1VNll IIII � 111,111111111,1111111,11J1,111,1 I ,1111111111111N11111i1,10111' '11 uuuuuuuuuuluu 1 VIII 'll W��(I " "!!""Iil uhII l ' lu1u 1 II � 111111111111,,,,,,,,,,,,,,e11"""""-11111111111 11111 11111111III 11p011 11111111111 i lll 1VI dlti° 11u1 iuo1uu1111i1,111,111(11111i1,111,111(111111111i1,111,111(11111111,,i1,111,11111111;111: Ih,mIIII II1I u1mI1u1i1ViI 1111111111111 bV ulfll,u 1,00000000000000000000000000000000000000010000,10 III IIIIIIIIIIII 00000llN I I�uu�ul� ^I��yuI11YIV WI w uu°IlV0i1�1,1.1I�IIII I IIIIIIIIIIIII ^IVmI I"I I u 111 l�11 4,0111. 111P1 11 IIIm 1IIVI°°mmul 1111 u fI 111111111111110111111„ 111 VYI 111 I 1„„11111111111111 111111111111111111,11,11„„„‘„, 11„1 1111111111111111111111111111111111111 m it Ill's, 11111+11 II mu Vim IIIlIIIIyIIpluumIV1111,1 111 11111111111 11111111 1111111,11111111111 111111111111 VVI11IIII 011 i mm0 dLuN IIIIII rli�llllllllll,l�l IIIIII I,, IIIGm amu 10„m00°0 pl�(�iilx!ill l� �Im III 1'.IY 11� °1,,,111�11 �� Llfid '1II1 1 IW2p 110;11,!l6mIw11I101111111°IIVIIIIII $..Nh'1Il i �IY6,11 11111IllhiilM1l�lylVllll IIV�111�9i "11p11 ° I°119De�IV�1�, 1 ?111,11,111,11,1111111,11,11,1, ""1111 hmllmmnnl 111111 VIII IIIA' ^„,„ I`I fi Ir�u 11011111.010 ululll0 1"19� �Iw11 l +i uuu III 11111111 uuuuummnn ��P�) i)lb'r,ll��li�. �I'uull11111 Ill h. olulu 01 fi '”" „111.11.J11.111111";,11111111,1,111111111111,m ,.. . �Lt �N1IV1I 11 1111111 il IIIIIR1h I1 IN�wuIINWNIIpN 111,11'1111111 IIIM�tlV'°°VI�IINI1';III�IYltllll ir i pr;I,VV1V1V11VIV m" IVPliuuqulololm 4jldi� "IIII IIII A N � II(IIIVui°111111 WVi V „ „ m11 mul l , �!luiNrli, 1 11 111111111111111111 11111 •„1„'„111„11'11,1i,1„1111111,11111. I °Illlill�ll„nl a m„ 1 ,111 1111„1„110, I Ip l��i 111^II 0111110 111111 01111111:11111111,111111111111111 1111111111111111111111111111111111111111111111111111111111 a nu IV m, 1 uu�uuupuu 111111111111 1 Yi`"umVldlu IVi�pIPV �"uYlllll4'°�f� VI�VIu�", 1.:aJ, o1V11�Vl11111'i11m \',11'111 quuuulw Page 28 of 55 V11 'v1,1111"fV,I" ,1 11111111011 Agenda Item #2.D. 30 Oct 2023 1.1111,1111""11"""11111111,11soisoriii ',:1010,1)0,1r000,00,00,0:1, 1111101V,111.1,1 VI, 0 1111 1i1!11111111111111j,„iiiii111111111111,111111,11,11,11111,11,11111111111(i,1111111111111,01,111,1,1,1,11111 01010" 1(,',..,111111101011 'i.,111,11.1,11,111,111,11 100000010 11,:..,101,1111111hit .,111,111',1'111" Ilikoomolionoo11111111111111111111111 IIIIIIIIiim100000000000000000000000 louvoit 1111.IIIIIIIIII?1111'11'111111111111111111111111111111111111111111111111111111111111111111111,1,I,I,I,IlvIv,I1,I1,I1,I1,I1,I1,I1,I1,I1,I1,11,Lltltlillil 111111,111ouloy100111101111111111111111 111f111,1111111 o 111111111 1111 °00001e00i0 iIIIIIIIIIIIIIIIII01011111111111111111111111,11111111111111111,1,111111,1111,11tq , Iiiiho(oholl1111111111111,110p01111 11 plug 111 1111111111111111111111111111111111 111110111141101 141 V1001 111'111101000111100001it 1" 0,0,111,0 0 s''' 11111111111111111°11110010'0,10,1111100110,1;1111 00,0000,101,11111111111.0"0;0 111111111111S1 11111111111110101111 1 0 110 so,„1,010010111110011001110 lo II 1 • 00i s :00,,isi,,i4100 1111111111111 11111010101010101010101010101011:1:1:1:1:10,1,""""" 00,00,0000001111111000111111111111111111111111111111000000,011111111111111111111111111111111111,111101111111111,111,1001000001 .01 111111111111 ,1111111111 11111111111101111000000000000000000000000000000000000000000000000000000000011 111011111111111111° i1111111111111111011101011110001101011011111111,111,111,1101111,1101,11111,11111„',11,11,11,111,01,0100 1111111111111111111111111 111111111111111111 00,00000000100000000000000000000000000000000000000000000000000000000 0000000 1"11110110 1111111111111111111111111111111111111111111111111111111111111 1111111111111111 1111111111111111111 „„„, 00.00000000000000000000 Ill,r111,11,11,111111 0000ll00000l0000llo wirq, 11 1r11111111„ 1.1111111,11111 111111111111111111111 1101,1!,,,iii,10101,1,11,11,11V0IVIiiii,.,,000001,„.: 11111c \"„„„11I110„ 11101,001011111141! 0000000,0000000000000000000010010001100 1111111111111111111111111111111 010101111VVI 1 000000 111111111'1,1110110101001011111100 11111 „„,11111„,, 1111111111, , Doi '14 1111/11'1111111111j11:1111,11110,0111j'11',,!..,11'11,1!:,0,0,111'1'1,1111,111'1,1'11,1'111'11 111111111111 1' 11 111111111111111111 11111111111 0000 11111111101_ 0,01„ „ „ „ 1111111111111111111 1 0,,1111111111111111111111 1111 11,,E,01001111 0 0„:,001100, 000 1111111111111111111111111 III 'of" ,r1,0 40 0,1010' 11111111 1111111111 1100000011000 1110,011 , 1010 01101101d 01,0," .0,,,,..„„„„,,,,,..000000001010000010100•000000000000001000000000000000000000•00000 000010000111110 00000100 11 0000 lop 0000000000 010000000,00 1111N1 11 111iii,1!'11,11.1111111111)111i1i111111111:11:1ii Si, ,11 001 111111111111 00 0000001 00 11100 100000,1001.t , 0001,20, .000, 1111111111111111 „„,,„,„,,H1111 1,1111S1 u1111111 11""010'11;'11110'0",1,',1000,,i0,0, Sonsso11111(111111111IIIIIIIIIIIIIH'ir 0 01 '1,11 0000 001111111111111111110 11111111 '11 iiiiiisiiii1111111111111111,111 „111,11,11,11,111 11111 unnununiiiiis1111111111111 "lugs 1,11,1,1111111111' AAAAAAAIIAIIIA I 1111111jj hi 11 Page 29 of 55 11111111011 (111'1111111.111111111111.11111111111.1,1111,,,, ffiffinffiffiffiffiffil 11 11 111111111111MS ..,1111,1hlH,,,...,,,,11111,,,,1111111111kuumuumlullumigliiiiiitiliggiggiiliiiiidNiiiilli...1111111111111111j11111.j11111111,1111111111111111q11111,1j1 1111111111 Jj ilialligingOMMII))),1111111111111111111j1:1,111' 111111111111111111111111111111111111111111111111111111111111111111111111q.'" tg kg 11111111111111111111i1111111p.. 44,44440"...4""""'4'....""""" 11,114t# ,111'11,'''''111'1111111116 1111111111111 IJ Agenda Item #2.D. 30 Oct 2023 Page 30 of 55 Agenda Item #2.D. 30 Oct 2023 plllll II , I i 1 +w!101,11 mu 111 p'„V1,N0UYI 1119 �VIi1NuMJ �vll',IIP Nu I�� 4V cmocc, 11,11',',c1, hPYilh',IIohll I ch '9!I Ilrldl1i1WiOIYllhliuil I'iII IIP 111; ,I IIID i IG��IIaI�Y I d�lullll INI 1„ II 111C ccc Hun' 1111111 llu... Ili O;lu 19 IMIIVIIi,1111111P11!IpY�Y IIIIII111,hurIN 41111�Y��^ II19lN' Illq!ldlli�llll") 'M'iVI�IIfuiIIIV'1 ho{ v�u. d�1VIPl II! rm VIIIIIIVIII liilliiJllY 111°II uh11V1i 11! lllldl�l�l V I� IhII�� l lllllt ''111"IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�ull�ll IIIIIIIII Y III (IIII I�II�IV��NYII,I�ti; Ili luuuu111111ull 'IIl y,ll �iVlolmulu 11111111111111111111111111111 MIIIIIIYd1111111111111111111IIIIII�„llcIl�Illl ppuuuuuuuuuuu9111111 Ill) l IN�IV9i1vNY�illHco lc,l: 1rt � I lullnn 1 11N1.„VI1IpuIry11111111111111111111N"""n0 ��pp � �p llumuuuumo II1�P1�y1Pfl 1 rM'rcY! vll W; Illul 1'iml➢IIIVI!V 1111111111111111111111111111111111111 1111111,1,11 1,111,11111,11101,1,1,1111111111 ..1J„„.„.,41141111,11111.11111'11„ 101 I�I II 11111111111111111 1111 NNp 11111111111111111 aYlll 11 �BV I0IIIIllouq �II II,i lln Nncc 111111„ 111111 01 I1111 .1„I,„11 mpu 111111 II�INil�llh II, IY 9111111 I 1 17i11pYP 1� �IImllli1 llll1l11ilNi91l1i1lI"ilIl'lllIll�li�llliil ll�llIllul�lll11lNll1l� il1lil1llil1ll11Nl1l11w1 �ItillCwl 'pllll,l� u 1 v Iv IIuIIuIuuuuouIN,m I,II,ll !HIIo II mMIu umN1I uuIll^w!IV1qupuYollIIIIIIIII I ° 111 V1elli1 II11pV IW`I �') "1 �I ; `YVJ N11�IIII1 lu II, ti 'IJNIiIV IIIIIIIIIIII ill a .N uu�m II11IIIIVIV1wll II�wcJic oI IIIIVgN�r�l77, II1111 111111 n111111111 0110-1N111111111111111 111111111111.111j111.11.111111,11111111111111111111111111111111111111111111111111111111111„11„11011111111111111111111111111111111 cc IIIWI N IIVIIIII^I'IINPII� Vl�ll;ilu 1 , I�11 Nnllii lull` 1I1I1I1I1I1I1I^^ Y hll w N I� Illl��ui�lll ami 110 cl�Yii`. cO �l��1'�I�II1IlIr'I,'p�1lIy'II�1�I1I�V1�,1xllIiilic”�11��If�I1fNVIII�I�dI , '1:11111111111111111111,1100011„1„ III l111100111011111�11 „141111 .gu .1 . 11,,11111111,„„ 1111p, Ill ,„C1NNN1I 1)umI1IIF II. 1II11 II � 1111111.11'1'1'1'1'1'1'1'1'1'111'11 mh4ll1 m 1 Ind1 4IV u cccccc 111,1"""'"�111110011 III11I111 c 111 I u11111,u�h^u�G 1111011111i9N� ullllll�l I u; coil Iuu pll IIIIIIII,,ilp911, „0„111i1„1„:101„„„11,„ 411�GIh1111u1p1 u IIII ,11111 w"1u1u1u Page 31 of 55 Agenda Item #2.D. 30 Oct 2023 l,�ti,�dti1;l�tillIcI^.I��I,Ip1VV',^VI) yIlIi�p,!Il''Il lllIuI,�I0blIl;Il�IIl!'!�VIlI ih�I1IiiuIIIllMIV�IIll II IIIl1l�p1ii1l�Ilu``lI1k1l I1� 1!I1YIl1I�II�II1�1,I'��lul,1�,i11�m° �,1 �1m;�11I,°S'uIi)�' �I1l Ii 1'Y1l�lu°11yH1p;A'IlIlIiII1I `1liluiI�t1ul1I�1ISl"u�"llI9I�u'I�^lMNI�I�iIIlIY��lIIil'NlIVu� �I1lI��pI0I1Il1Im�I�I11IV�I1uI�IlIul��I1Iu1l�1�I�"uI l�9.lIlI,l �1Ix1 �I1N1 1I�II1C I1N 1�i1i1IIpI�1H�I1 IorI�;I'`I� �Ilu1u,IIm,IN�,Il,IIl,IIP,1 111 1 Nlw,I NI'l( 8i�( SlI( !1IIiI(p\1Y1IlI1ll�lI1IlIIm11�llIl1lIIlIlI1I`tlI1�IlIl1IIIII1lII�II1o)I1I�pIVIqqIlIIll`NlI�ill1I p�1Y�,I��lI��1l� Il yh �1I ll , 1111d111 111111011 „ 111 w1IP91II„ lIIl h l `lI �IvIV1°IIIIIvIIIIII�BI�vIBSIpI��IvI`I1III`vIII II v1�IV1vI�V1NI Iv@I�v�I1'�lv„iI1V1l`lvI11�0, ll u1l111111 llll �I�`l�I�4I1IIII�"4Il,I1jl�1,1ulI,C1I "lII 1i�11l1IIiuIlII1�lVIV��I°1'III�I,jIlII Y�1I�II4III�oIII�l`I�lllIl �llui1�Pl" lI{lI "l1l�I �V��1�I�lI1 "11 filllllllilllllllIP'" I l .J11111111111'11111I 11L , l �111 1I u,1 1IVI��u �1,l�\I1u �1I N1I II��ml�VIvllil�NdllllIllIh�llIlIul�Illdilllull'l�lllllll�l, uim'ililllllllIluimuVl°�!,!�II° ,lI«I l,II;.III l.I lII \l,I llI \l,I 1uI 1,I I1uI 1I, 11uII1I.I 11uI �1I 1uI�1IuI \�IilI iI�I IIllu.l liIiiIiuIl�I1I1�I1I1�IpIIplIIl� IpIII°II II IlIiIIiIlIIlI,l I@I. MY S WI 1�1 rjhlll IIII y�l�pli ll, .1111, ,IIIIII I �1ii41I IIII��rI��l,Yal ' "0I ryl( Yi• ,�, IIIiVI j^,�w1 I II;II91'iVIV��"'I;V,�IIY'�' �v'IryYb"i!IIIII�I I y ' IkYNiIII111,IY, " I s'I"YI��INI�VIIIiIIIV IPIII!!!ISP!YjliilllMlwVll�lll!III1111111iM1�1'11 it � llVlil'jiY�j "IYIY"�I IV Ci"iNllll!IIIIi11;�IiY;11''ilYldlPho�IIIiIIIIIIUIIullll' rp111 IIYii u,,,llillllu �ollugl;'111111YIIIuNIIIW@llll,lp; " 11111!1 ��Iqy NIVIII vv hIIIYIIIY11uIIk411111111 IIIIIII, I„,,,,, !!II'�Ilu;' bull II'o�lll o III I; � I I I!! 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A 111AAV1111111' 17e.„ ..„ • , vv„. e W11411i Page 35 of 55 Agenda Item #2.D. 30 Oct 2023 1000000000001 Page 36 of 55 , 'y+gliiiiilVullllllll 8811INIP11'y ,I�I��HII III Agenda Item #2.D. 30 Oct 2023 1,111111111111 II„�„SII„I�lilil'iyilll��Ill1011l � IlimilVuiiumii uliiiui 011,1 4'1 p V III GYI uo°111111111hvy0 lu'II�II II VVvV ':�� u�,IlXol 1�191u,IVN,� P Irridvin ° II' !''';!NISI mgovo 1111111111111111 III IIvIw4N1 lI ” �i1A9AI h 119111 IIY V4 IVmu�luuWl 111 ��m i I'rll14111111111111111111111.un1110000000 1ullYl dI01Vl1Yiil7piullUmlmluuiur ;Iw'' ; a Her I(VlYil P�II!(II)i'l�lhl l yl1 i UYll�li�� u"u rV' l ViI IIII o,.. i„ 'III �. A' lllkl w 1 ��cwww m+w"" ., EliMmtgagglEXIIP www' °u'I IIIIII 11111 III eliii! 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Page 47 of 55 ^,^ Presen MINUTES Community ij:% velopment Board (C: uesday, June 20, 2023 - 6:00 PM COMMISSiOD Chamber Jennifer 1.aprier, Member Angela Farford, Member Harold Gear., Member Sylvia Simmons, Member Ellen Golombek, Member Richard Arthur, Alternate Mcinber Absent: Kirk Hansen., Member Jeff Haynie, Member Also Present: eethig AITIU1Kilt Askew, Planning & Community Development Director (PCDD) Valerie Jones, Recording Clerk Abrielle Genesi, Planner Jason Gabriel, City Attorney (CA) Agenda Item #2.D. 30 Oct 2023 CALL TO ORDER :AND ROLL CALL 'The meeting was called to order at 6:00 p.m, by Ms. Golombek who was covering in Chair liansen's absence. Ms. Simmons arrived a few minutes hiter and chaired the rest of the meeting. 2. APPROVAL OF MINUTES A. Approve minutes of the May 17, 2023 regular meeting of the Community Development Board. 3. The minutes were approved. LD BUSINESS A. 73 West 13th Street ZVAR23-0011 (Pamela Cha pell) WITHDRAWN Request for a variance to reduce the minimum rear yard setback from 20 feet to 13 feet and side yard setback to 4 feet to construct a saaiaroom on the north side of the pro erty at 73 West 13th Street. Ms, Golornhek explained that this case was deferred and then withdrawn, MOTION: To ACCEPT the withdrawal of ZVAR23-00 as requested hy the applicant, Motion: Harold Gear Second: Jennifer Lagner Jennifer Lagner (Seconded Bp Angela Farford For For Communio Development Board (CDB) June 20, 2023 Page 1 of 8 Page 48 of 55 Agenda Item #2.D. 30 Oct 2023 Harold Gear (Moved By) For Ellen Golombek For Richard ,4rthur For Motion [tamed 5 to O. 4„ NEW A. USINESS 1 (.0( Selva Grande Drive ZVAR23-110114 (Jeff Popp) Request for a variance from Section 24-1199(c)( II) to reduce the minimum side yard setbacIk and to exceed the maximum size to construct e ached carport at- 1864 Selma Gran e Drive. STAFF RE ORT: Planner Genesi presented the information as text)! ned in the staff report, She also provided a PowerPoint presentation. Ms, Gob imbek asked about the size and height of the proposed structure. Plaruiet Genesi said the size was 1080 sq. 11, and 15 ft, high. Mr. Arthur asked if the 3 ft, setback is required for the existing driveway. Planner Genest explained that anything at ground level can he up to the property line so the existing driveway meets the code. She added that the proposed detached carport would he considered an accessory structure. Ms. Farford asked about the impervious surface ratio. Plattner Gcnest said fiothinv was provided but the survey shows a lot of permeable surface area, Ms, Simmons asked Planner Genest to clarify exactly what the applicant is proposing. Planner Genest did so and explained that it wasn't the driveway that didn't meet setbacks but the proposed carport. APPLICANT REPORT: Jeff Popp introduced himself as the applicant, He said Planner Genest explained it well and asked the Board ifthey had any questions. Ms. Golombek asked if he could move it toward the home. He said it could and he didn't want to tear up the existing driveway to pour a new area. Ms. Golombek suggested he pour the concrete 00 the side closet to the house then the proposed structure wouldn't he in the setback. The applicant would still need a variance fbr the size of the structure, Mr. Arthur said he wasn't sure how the Board could go from 150 sq. ft. allowance to the proposed 1080 sq. ft. Ms. Simmons asked the appheant if he could do with less sq. ft He explained that he wanted to cover a travel trailer and a truck but he really wanted to cover the travel wailer. There was discussion regarding withdrawing the request and COMC hack with lesser demand. Ms. Askew said that withdrawal would require another fee hut deferral to a future meeting date would not. P U LIC COMMENTTom Fleming of 1850 Sava Grande Drive introduced himself as a neighbor. He said he was opposed to the approval of this request. Ms. Simmons provided a letter that was provided by Siler Wylie of 1855 Live Oak Lane. Ms. (olomhek read the letter which was opposed to the approval of this request. BOARD DISCUSSION: Ms. Simmons asked the applicant ifhe would like to defer his request and he agreed to defer it to the September t9111 meeting. Mr. Gear said in order Coranaufaity Devellopmenir Board 1(00) June 20, 2023 Page 2 of 8 Page 49 of 55 Agenda Item #2.D. 30 Oct 2023 10 consider any future approval it would have to ince! with the code. M. 1...agner and Ms. Farford agreed with Mr. Gear, MOTION': To DEFER ZVAR23-0014 to the September 19th Community Development Board meeting. Motion: Harold Gear Second: Jennifer Lagner Jennifer Lagner (Seconded Ry) For ,4ngela FailOrd For Harold Gear (Moved By) For ,5:Elvia Simmons For Ellen GolornheA For Richard Arthur For Motion passed 6 to 0. B. 911 Ocean Breeze Drive ZVAR23-0015 (Kyle and Caitlin Khadivit Request for a variance from Section 24-104DM to exceedthe maximum impervious surface area and Section 24-253 to exceed the maximum driveway width for the driveway replacement at 91 Ocean Breeze Drive. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr, Gear asked if the lot coverage calculations with the pool permit was erroneous and Director Askew confirmed it was. She said that during the permitting process Public Works didn't catch the private road discrepancy which put the impervious surface ratio over the code. Director Askew added that when plans are stamped by an architect or engineer then staff believes them to be accurate. Mr. Arthur asked what the official lot coverage was. Pirector Askew said staff calculated the existing lot coverage at 53.8 % which includes the private road. They are requesting an additional 1138 sq. ft. which would take them up to 55.4% lot coverage and 45% is what is allowed, There was further discussion about staffs calculations and the applicant's calculations. Director Askew noted that regardless if the private road is or is not included, a variance to exceed lot coverage is required. She said that when the pool was built it was ato over -sight on the pool contractor's part to include the private road which greatly affected the calculations. Ms. Lawler asked who maintains the private road. Planner Askew said she assumed that the 110A did. APPLICANT REPORT: Kyle Khadivi introduced himself as the applicant. He discussed how they arrived at the previous lot coverage calculations. Mr. Khadivi said the private road wasn't factored into the previous calculations because there are public utilities in that location and they can't he make pervious. He said the Building Cononouni De% opmenl Buurd Kn) June 20, 2023 Page 3 of 8 Page 50 of 55 Agenda Item #2.D. 30 Oct 2023 Department concluded that the u'atald should he adjusted out. lv'ir. Khaadivi said that fife: lot and the neighbor's lot provides stormnvvater drainage hit the entire neighborhood. Ms. Lagner ;asked why Mr. dwhad1vi Wanted too put back what was taken out of the original driveway. Mr. K haudiv i said n was esthetics and the pitch of the driveway vvhieh causes everything he puts in the openings to erode away. She asked hint if he had looked al other options and he said he had. Ms, tBokouaahck asked who maintained the s'tonnwater drainage.. Mr. IKVhadiivi said it is. in their bylaws. Ms. Golaurn bek asked him if he had considered removing the concrete driveway and do something. creative with pervious options. Mr, IK.hadivi said it 'would be an additional cost. Mr.. Arthur confirmed with the aapplieauat that it is an l -H d/1. ile asked Mr, d<.haefiv'i 11 he was aware of the difference between lois calculations and staff calculations. Mr. 1<.hachvi said his architect and pool contractor had previously done than so he didn't think he had to check it again. There waas further amil lengthy discussion about the stoma water drainage and the private road. Ms. Cdolaonthek teiked if he was to remove the walkway to the side intim might help., Mr. K.haclivi said he would still be over the allowed percentage. In/ IJ(. COMMENT: : Larry Walshar of 90 Ocean Breeze Drive introduced himself. Be was in favor of the approval of this variance request. tie said the 1-10A take earcc of the private road and the stortnwatcr drain Carl Fox of 70 Ocean reezc 1.)rive introduced himself HI a° said he is the p're^sidenn of the HOA and they voted in lavor of supporting the rarianes request. BOA -LISS! rN. M.S. Lagner asked what are the correct munbers foie the pervious/impervious surlysee. Director .Askew said the applicant was looking to increase the In coverage by 133 sq. It regardless of the actual numbers for the private road. She said that staafir stands on the fact that Ihr road is to be included in the lot coverage whether it WAS neglected in 2020. Mr. Arthur said the Board should consider that the applicant would he exceeding the allowed lot coverage no matter which calculations are correct. Mr. near said that when looking an the survey there is a large aattaatuunt of loot coverage and he believes the current sta f calculations are correct Mr. Arthur said that the storvnwaate° drainage should he the re.spaons;ibidity of the 1.00A and not the hcancowner. Mr. Gear ssaiid even 11 the road was removed from the calculation the Vol coverage would still he above 45t'.",. Ms. Simmons talked about the influx ol'large hooves being built that have 00 get creative wvath drainage options from retention ponds to grass strip driveways. Mr. Walshar asked if the floor could be opened back up 10 public comment ll was opened up for 1 minute. Mr. Walshar exprlained that there were 5 acres behind the applicant where a lot of water drains away from this area. The Board went cove the conditions tor approval. Nds. Simmons asked if'the Board saw than the tequcst meet any of the grounds for approval,. Ms. Lagner said she diahi°t sce where it does. Mr. .Arthur thought maybe condition hill due 00 the private road. Ms. Simaranaous agieed that it co/asun"t much additional Ilam coverage but that at is the Board's loh to Stick to the it grounds for approval. MOTION: Tn DIENV ZVAR13-00BS due 00 it not meeting, any 1 ounds lion aappnwaa 'arouuauuuaotuae 0Davellarttatwnil II3•aatraR 1C11)f3Y .Ourutm 201 292.0 Page 4 01'8 Page 51 of 55 Mahlon: Ellen Golombek Second: Harold Gear Jennifer Lagn C r AneIa Farford Harold Gear (Seconded BO Sylvia Sim 1/14911.5 Ellen Golombek (Moved By) Richard Arthur Motion passed 5 m 1. For Far For .For For Agains# Agenda Item #2.D. 30 Oct 2023 C. 1110 Schelde! Court ZVAR23-001b (Mitchel Skaff and Connor Millsaps) Request for a variance to Section 24-108 reduce the minimum rear yard setback, exceeded maximum iMpervious surface area, and Section 24-68 required on-site waiter retention to allow an existing impermitte covered patio at 1110 Scheldel Court, STAFF R 'PORT: Director Askew presented the information as explained t staff report, She also provided a PowerPoint presentation. Mr. Arthur asked if the orig,i nal house met setbacks in 2006. Director Askew said it did. Ms. Golombek asked if all of the recent work was done without a permit. Director Askew said it was, however,. it was done by the previous owner. Ms, Simmons asked about the transition of the property, Director Askew said that in 2006 a permit was issued or the small concrete patio. She saki a previous owner adder! a large covered porch at the back of In house and um pavers without a permit, APPLICANT RE ORT: Mitchel Skaff introduced himself as the property owner. He explained that he and his wife bought what they thought was their dream house. Mr. Skaff said he used a home inspection company and had PIO clue that the porch was not permitted. He said it would he a tremendous financiai burden if they had to reinove it, Mr. Skalf saki that even Of he removed every paver On his lot he would still he at 47%. He asked that the board let him keep the porch and he would add any drains that are necessary. Mt. Skalihad a letter from the HO.A supporting him. Mr. Arthur had the appiicant confirm the 47% ,,vhich was the original build. Director Askew said at that Diane he code Allowed up to 50% lot coverage, PUBLIC COMMENT: E)'id 'Thonrua!, of 832 Bonita Road introduced himself as the father and introduced his daughter who is one or the applicant's neighbor.. lie said in 2015 he wanted to build something sin0ar Cur his daughter but was told that they couldn't. Mr. Thomas said the previous owner told him the code had been changed hut when he asked the City they told him he couldn't. ontrovonill:k Devellorracm1orird tIC ) .11ilogur. 20, 2023 Page 5 of 8 Page 52 of 55 Agenda Item #2.D. 30 Oct 2023 Director Askew explained that the lots are not teelmically not mfornng because the parent parcel met the density requirements of 7500 sq. 0. when it was (developed, BOA D DISCUSSION: Mr. Arthur asked if the Building Depantnent has I,00k.ecl this. Director Askew said that if the variance passed then the applicant would apply for an after -the -fact building permit. Mr. Arthur as.ked if it wasn't built according to code then would it have to he rebuilt. Director Askew said that was correct, Ms. Golombek asked aboul the su work order. Director Askew said there was all SRI& w 1.11 the fence and building and that provided a path for the applicant before going to the Special Mag,istrate. Ms. Simmons went through the history of the property. Director Askew said a neighbor came in and inquired about building something similar but when they got turouxidown they explained that the neighbor already did what they were requesting. She said that triggered this lo go to Code Enforcement firm and staff gall to work with the applkam to get them intoe compliance, Director Askew said that the City wants to make sure it's safe and in reviewing, they realized it clidn't meet any of the setbacks, impervious area or stormwater requirements. Mr. Arthur asked if the request was approved would it trigger on-site retention. Director Askew said it would only trigger it liar the new portion that exceeds the lot coverage. Ms, Golombek asked if the driveway was part of the original construction. The applicant saki h was, Ms. Simmons asked if it was turned down by the Board what would come next, Director Askew said they would go back to the applicant and give them an opportunity to remedy the issue which would mean tearing down the porch. If the applicant didn't do that then it would go to the Special Magistrate who would see if it meets the code, Ms. Simmons asked if the applicant could sue the previous owner, Attorney Jason Gabriel said he wasn't iere to give legal advice but that would be the thing to do, There was limither discussion or the lot size and the parent lot, what the cost or removal would be and whether the Code allows fir flexibility in situations like this, Director Askew said you have to meet minimum density, building codes, parking, lot coverage, and mormwater, The Board looked 10 see if the request mei any of the 6 requirements ir approval. Mr, Gear said it was a moral hazard for the applicant, Ms. Simmons said the porch addition was massive overstep on the part of the previous owner and did not see any grounds lhr approval, MOT/OA': To DENY ZVAR23-00l 6 on the grounds that n does not meet any ni Ihe 6 criteria for approval, Mallon: Harold Geer Second: S:rleia Simmons Mr, Arthur suggested the Board discuss a motion to approve with conditions Mr. Gear and Ms, Simmons said they feel bad for the applicant hut didn't see any grounds for approval. Attorney Gabriel explained that a Board member on the opposing side4)0the first motion would have to make the next moti4n) if it is to deny the approval of this request. He said if another motion wasn't made then the case would he deferred, Comonobanit, Ilkvellovontoat Board ((1[1018) .0une 211, 2023 Page 6 of 8 Page 53 of 55 Agenda Item #2.D. 30 Oct 2023 Mr. Arthur made a rnoticon to APPROVE, ZVAR23--0006 with the conditions that the covered parch would remain along with the pavers underneath o and all other pavers installed between the 2006 and the 2020 surveys would have to be removed. Ms. Cpolcmnhek Tasked tithe), could appeal this to the City Commission. Director Askew said it could be appealed within 30 days of tore Community Developments decision. .Mr. Arthur said he would remove his motion and asked if someone else would want to make a motion. Jennifer Lagner Against Angela Farford For Harold Gear (Mored By) For Sylvia Simmons (Seconded By) For Ellen Golombek Against Richard Arthur Against Motion failed 3 to 3. rb1O7I(liV: l o DENY ZVAR23-0016 on the grounds that n does not meet any of the 6 criteria au. itpprervv111. Motion: Ellen Golombek Second: Angela Farford Jennifer Lagner For Angela Farford (Seconded By) For Harold Gear For Sylvia Simmons For Ellen Golombek (Moved By) For Richard Arthur For .tbttion passed d to b. D. 671 Amberjack Lane ZVAR23-0017 (Adam King) Request for a variance to the platted Building Restriction Line (BRL) at 671 Amherjack Lane. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: The applicant was called out of town for his job and was not present. PUBLIC COMMENT: There were no public comments. Communih Development Board (CDB) June 20, 2023 Page 7 of 8 Page 54 of 55 Agenda Item #2.D. 30 Oct 2023 AR DISCUSSION: Ms, (yolombek asked if it old he deferred rind Director Askew said it could. The Board discussed past request pertaining to this B1IL and its history. Ms. Farlbrd wanted to hear from the applicant.. Mr. Arthur said it was the sante case that the'=crrird voted on 2 meetings ago„ Ms. Simmons said there are 600 homes in that area that are affected by this Bin. Ms. Golombek asked if the applicant had to he here and Director Askew said they do not. She said she saw this type of request be approved by the Community Development Board several times. MOTION: 1"o APPROVE ZVAR23-0017. it lotion: Richard Arthur .'StcrIrd: Jennifer Lagner Mr, Gear said that if the Commission warned to approve 20 feet then let them do that. Mr. Arthur explained that all 600 homeowner deeds would have to be recorded. Jennifer Lague,' (Seconded By) Angelo Faaford Harold Gear Sylvia Simmons Ellen Golontbek Richard Arthur (Moved ,yP) Motion passed 5 to 10 For For Against For For Farr° 5. REPORTS Director Askew said that on June 22nd at 2:00 p.m. and 6:00 p.m. there will be another public hearing to hear about Chapter 24 and the Comp Plan update. She said it will be the same material as past meetings. Director Askew said that after public comments and public input they will plan a joint meeting between the City Commission and the Community Development Board to have a workshop to discuss the changes. 6. PUBLIC COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Simmons declared the meeting adjourned at 8:13 p.m. Attest: Amanda Askew Kirk Hansen, Chair ('ommunih Development Board (CDB) June 20, 2023 Page 8 of 8 Page 55 of 55