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).