403 Oceanwalk Drive North ZVAR23-0012 PACKETZVAR23-0012
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: ZVAR23-0012
Address: 403 Oceanwalk Drive North
(RE# 169463-1520)
Applicant: Joseph and Linda Abrass
PUBLIC HEARING(S)
Body: Community Development Board
Date April 18, 2023
Time: 6:00 PM
Request: Request for a variance from Section 24-253 to allow a circular driveway on a property with
less than 100 feet of street frontage and to exceed the maximum driveway widths at 403
Oceanwalk Drive North.
Summary: The applicant is requesting relief to allow a circular driveway on a lot with approximately
80 feet of street frontage on Oceanwalk Drive North.
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 advised that
such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evide nce 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 Notices
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 24-253 to
allow a circular driveway on a property with
less than 100 feet of street frontage and to
exceed the maximum driveway widths at 403
Oceanwalk Drive North.
ZVAR23-0012
403 Oceanwalk Drive
North
Site Context and Details
Located in the
Oceanwalk
neighborhood a the
northern end of the
city.
Zoned Residential,
Single-Family (RS-1)
Approx. 85 feet of lot
frontage
Site Context and Details
Existing driveway
The applicant is requesting to replace the existing circular driveway.
Proposed Plan
Need for Variance
Section 24-253(a)(3): Max width of circular drives is 12 feet and only
be permitted on lots having at least one hundred-foot frontage”.
The subject property has 85 feet of frontage on Oceanwalk Drive
North.
The proposed drive aisle widths exceed 12 feet in the right of way .
Considerations
House constructed in 1994
Driveway regulations adopted in 2005
Replacement of existing
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. ZVAR23-0012
Request for a variance from Section 24-253 to allow a circular driveway on a
property with less than 100 feet of street frontage and to exceed the maximum
driveway widths at 403 Oceanwalk Drive North.
LOCATION 403 Oceanwalk Drive North (RE# 169463-1520)
APPLICANT Joseph and Linda Abrass
DATE April 12, 2023
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicants, Joseph and Linda Abrass, are the owners of 403 Oceanwalk Drive N. This property is
located in the Oceanwalk neighborhood located in the northern end of the city. The applicant is requesting
to replace the existing circular driveway at this property.
24-253 states that the maximum
driveway width through the right-of-
way for circular drives is 12 feet and that
circular driveways are only permitted on
lots with at least 100 feet of street
frontage. The widths of the two drives
accessing this property are 20 feet and
15.5 feet and the lot has roughly 85 feet
of street frontage. As such, the existing
driveways within the right-of-way are
considered a nonconforming structure.
Per section 24-85, the voluntary
demolition of a nonconforming
structure shall not be reconstructed and
all construction thereafter shall comply
with the code. As such, the replacement
of the exiting driveway within the right-
of-way was not approved. The applicant
is requesting a variance to replace the
two driveways at the existing widths.
Page 2 of 2
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.
The applicant stated, “None of the 40 circular driveways in Oceanwalk are 12 feet or less.”
(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.
The applicant stated, “Ord. No. 65-05-3451 was put into place 6/9/2003. This property was built in
1993 and completed in January 1994. (29 years)”
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR23-0012, request for a
variance to Section 24-253 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 ZVAR23-0012, request for a
variance to Section 24-253, finding this request is not consistent with the definition of a variance.
403
Oceanwalk
Drive North
•Home completed January 1994 (29 years)
•Permit requested in January to replace with concrete pavers
•Pavers chosen for address future root growth
•Increase pervious surface area
•Declined per ordinance #65-05-3451 enacted June 2003
•12-foot max in easement
•Ordinance does not appear to address 3-foot permissible flare on both sides
•Approved by Oceanwalk HOA
•14 of 40 circular driveways > 18’ at curb
•No way to count number greater than 12’ in easement.
•Request your approval to keep
driveway footprint exactly how it has
been for the last 29 years
•Maintain symmetry of island
•Not requesting an exception, but
rather asking to not be THE exception
required to modify footprint
•Thank You!