Loading...
1823 Selva Grande Drive ZVAR22-0002 PACKETZVAR23-0002 PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR23-0002 Address: 1823 Selva Grande Drive (RE# 169542-5038) Applicant: Michael Cozad PUBLIC HEARING(S) Body: Community Development Board Date January 17, 2023 Time: 6:00 PM Request: Request for a variance from Section 24-81(k) and 24-521 (c) to allow an addition to be developed below the minimum finished floor elevation (FFE) of 8.5 feet NAVD above mean sea level. Summary: The applicant is proposing to build an addition at the same FFE as the existing house (8.36 feet NAVD). Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advi sed that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notic es https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247 -5800 not less than three days prior to the public hearing. Request for a variance from Section 24-81(k) and 24-251(c) to allow an addition to be developed below the minimum finished floor elevation (FFE) of 8.5 feet NAVD above mean sea level. ZVAR23-0002 1823 Selva Grande Drive Site Context and Details Located on the east side of Selva Grande Drive. Zoned Residential, Selva Marina (R-SM) Proposed Plan The applicant proposing to construct an addition on the north side of the existing residence. Proposed addition is shown in RED Proposed Addition Need for Variance The existing residence was built in 1984 with a FFE of 8.36’. In 2003, the city amended the Land Development Regulations and added a minimum FFE of 8.5’ NAVD. The applicant is requesting to build the addition at the same FFE as the existing house. Need for Variance Section 24-81 (k) “Flood protection.All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet NAVD above mean sea level. Flood protection provisions shall be approved by the administrator to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” Need for Variance Section 24-251(c)“Soil and flood hazards. Development shall not be approved unless all land intended for use as building sites can be safely and reasonably used for building purposes without danger from flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to health, safety or public welfare. In particular, lands that are within the 100-year flood- prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and/or developed until proper provisions are made for protective flood control measures and stormwater management facilities necessary for flood-free access to the sites. All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea level or with two and one-half (2.5) feet freeboard, whichever is greater. Flood protection provisions shall be approved by the administrator to assure that fill or grade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” Grounds for Decision APPROVAL-existence of one or more of the following Section 24-65 (c) DENIAL- 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 improvement upon the property. 5.Irregular shape of the property warranting special consideration. 6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. The CDB may consider a denial upon finding that none of the requirements in 24-65 (c) exist. CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR23-0002 Request for a variance from Section 24-81(k) and 24-251(c) to allow an addition to be developed below the minimum finished floor elevation (FFE) of 8.5 feet NAVD above mean sea level. LOCATION 1823 Selva Grande Drive APPLICANT Michael Cozad DATE January 11, 2023 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant, Michael Cozad, is the owner of 1823 Selva Grande Drive. This property is located in the Residential, Selva Marina (R-SM) zoning district. The property owner is proposing to build a two story, 1,805 square foot addition on the north side of the property. The existing structure was built in 1984 prior to the city enforcing a minimum Finished Flood Elevation (FFE). In 2003, the city amended the Land Development Regulations to include a minimum FFE of 8.5 feet NAVD above mean sea level. The current code reads as follows: Section 24-81 (k) “Flood protection. All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet NAVD above mean sea level. Flood protection provisions shall be approved by the administrator to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” Section 24-251(c) “Soil and flood hazards. Development shall not be approved unless all land intended for use as building sites can be safely and reasonably used for building purposes without danger from flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to health, safety or public welfare. In particular, lands that are within the 100-year flood-prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance Administration, shall not be subdivided and/or developed until proper provisions are made for protective flood control measures and stormwater management facilities necessary for flood-free access to the sites. All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea level or with two and one-half (2.5) feet freeboard, whichever is greater. Flood protection provisions shall be approved by the administrator to assure that fill or grade level changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” Page 2 of 3 The applicant is requesting to develop the addition at the same FFE as the existing house (8.36 feet NAVD), which is slightly less than the required 8.5 feet. ANALYSIS Section 24-65 states that “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.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Proposed addition is shown in RED Page 3 of 3 (4) Onerous effect of regulations enacted after platting or after development of the property or after Irregular shape of the property warranting special consideration. The applicant identified this as a ground for approval. See the application for additional comments. (5) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR23-0002, request for a variance to Section 24-81(k) and Section 24-251(c), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR23-0001, request for a variance to Section 24-81(k) and Section 24-251(c).