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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!