91 Ocean Breeze Drive ZVAR23-0015 PACKET 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: ZVAR23-0015
Address: 91 Ocean Breeze Drive
(RE# 168908-8205)
Applicant: Kyle and Caitlin Khadivi
PUBLIC HEARING(S)
Body: Community Development Board
Date June 20, 2023
Time: 6:00 PM
Request: Request for a variance from Section 24-108(f)(1) to exceed the maximum impervious
surface area and Section 24-253 to exceed the maximum driveway width for the driveway
replacement at 91 Ocean Breeze Drive.
Summary: The applicant is requesting relief from Section 24-108(f)(1) and Section 24-253 to replace
their driveway. The proposed work includes filling in pervious driveway strips and adding
49 square feet of concrete on the east side of the driveway.
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-
108(f)(1) to exceed the maximum impervious
surface area and Section 24-253 to exceed the
maximum driveway width for the driveway
replacement at 91 Ocean Breeze Drive.
ZVAR23-0015
91 Ocean Breeze Drive
Site Context and Details
Located on the
northeast corner
of Seminole Road
and Ocean
Breeze Drive.
Zoned
Residential,
General, Multi-
Family (RG-M)
Background
This neighborhood was
developed in the early 90’s
with a private road. There is a
30-foot easement for ingress,
egress, drainage, and utilities
on the south side of the
property.
Approximately 10 feet of
private road pavement is
located on the property.
Additionally, there is a 10’
drainage easement on the west
side of the property and a 7.5
ft JEA easement just north of
the pavement.
Background
In 2020, the applicant applied for a pool permit.
At the time, the driveway width exceeded the
max. 20 ft. width and was made of concrete.
In order to receive impervious surface credit, the
driveway width was reduced and 2 pervious strips
were added to the center of the driveway.
The impervious surface area in February 2020 was
44.3%.
Pervious
strips
Former driveway
removed to reduce
lot coverage for
new pool
Existing
driveway
Existing Lot
Proposed Plan
The applicant is
proposing to fill the
existing pervious
driveway strips and add
a 49 square feet of
concrete to the east side
of the driveway.
Proposed Work
Fill driveway strips
4ft. by 11.5 ft. driveway
addition
Need for Variance
Per the applicant’s calculations, the existing
impervious surface area is 44.3%. The
proposed work would add 133 square feet of
impervious surface area to the lot, increasing
the ratio to 45.9% impervious.
Need for Variance
Staff also noted the original site calculations provided by the pool
contractor increased the lot size by 50 square feet.
Regardless of the impervious calculations, the proposed work would still
increase the lot coverage and a variance would be necessary.
Existing Lot
Coverage
Proposed Lot
Coverage
Lot 8,250 sq.ft.8,250 sq.ft.
House footprint 2,905 sq.ft.2,905 sq.ft.
Driveway and
walkway
368.59 sq.ft.498.59 sq.ft.
Pool and AC
equipment pad
73.28 sq.ft.73.28 sq.ft.
Pool deck in cooping 315.54 sq.ft.315.54 s.ft.
Pool 126.315
sq.ft.
126.315 sq.ft.
Pavement 651.5 sq.ft.651.5 sq.ft.
Total 4,440.225
sq.ft.
4,570.225 sq.ft
= 53.8% impervious = 55.4% impervious
Upon review of the application, staff noticed the private road was
not included in the lot coverage calculations.
The recalculated impervious surface area is as follows:
Applicant’s calculations
(pool permit)
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. ZVAR23-0015
Request for a variance from Section 24-108(f)(1) to exceed the maximum
impervious surface area and Section 24-253 to exceed the maximum driveway
width for the driveway replacement at 91 Ocean Breeze Drive.
LOCATION 91 Ocean Breeze Drive
APPLICANT Kyle and Caitlin Khadivi
DATE June 13, 2023
STAFF Amanda Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant, Kyle and Caitlin Khadivi, are the owners of 91
Ocean Breeze Drive. This property is located on the northeast
corner of Seminole Road and Ocean Breeze Drive and is zoned
Residential, General, Multi-Family (RG-M).
The property is located in a neighborhood that was developed in
the early 1990’s with a private road, in which there is a 30-foot
easement for ingress, egress, drainage, and utilities on the south
side of the property. Approximately 10 feet of the private road
pavement is located on the property. Additionally, there is a 10’
drainage easement on the west side of the property along
Seminole Road that conveys stormwater for a large portion of
the neighborhood. There also is a 7.5 ft. JEA easement just north
of the pavement.
In 2020, the applicant applied for a pool permit. At the time,
the drive way exceeded the maximum 20 foot width and was
made of concrete. In order to receive impervious surface
area credit, the driveway width was reduced and two (2)
pervious strips were added to the center of the driveway.
According to the survey revised on 02/02/2020, the final
impervious surface area calculation was 44.3%.
The applicant is proposing to fill the existing pervious
driveway strips and add 49 square feet of concrete to the east
side of the driveway. This additional impervious area causes
the need for the variance request.
Page 2 of 5
Pervious strips Former driveway
removed to
reduce lot
coverage for new
pool
Existing driveway
Existing Lot
Page 3 of 5
Proposed Work
Fill driveway strips
4ft. by 11.5 ft.
driveway addition
Page 4 of 5
Per the applicant’s calculations, the existing
impervious surface area is 44.3%. Filling the
pervious strips (42 square feet each = 84 square
feet) and 11.5 foot by 4 foot shoulder (49 square
feet according to the site plan) would increase the
impervious surface area to 45.9%. Maximum lot
coverage is limited to 45%.
Now upon reviewing the application, staff
noticed the private road pavement was not
included in the impervious surface calculations
when the pool permit was issued. As such, staff
recalculated the impervious surface area to
account for the pavement. At the time the pool
permit was approved, the property was at 53.9%
impervious. The proposed work will increase the
impervious surface area to 55.4%.
Regardless, if the private road pavement is included or not included in the impermeable calculations the
applicant would still be increasing lot coverage and variance would be necessary.
Staff also noted that the original site calculations provided by the pool contractor did not accurately reflect
the lot size. They increase the lot size by 50 square feet.
In addition, adding the 4 ft. wide strip to the east side of the driveway would increase the driveway width
from 17 feet to 21 feet. As such, the applicant is seeking a variance from Section 24 -253 to exceed the
maximum driveway width of 20 feet.
ANALYSIS
Existing Lot Coverage Proposed Lot Coverage
Lot 8,250 sq.ft. 8,250 sq.ft.
House footprint 2,905 sq.ft. 2,905 sq.ft.
Driveway and walkway 368.59 sq.ft. 498.59 sq.ft.
Pool and AC equipment
pad
73.28 sq.ft. 73.28 sq.ft.
Pool deck in cooping 315.54 sq.ft. 315.54 s.ft.
Pool 126.315 sq.ft. 126.315 sq.ft.
Pavement 651.5 sq.ft. 651.5 sq.ft.
Total 4,440.225
sq.ft.
4,570.225 sq.ft
= 53.8% impervious = 55.4% impervious
Applicant’s calculations
(pool permit)
Page 5 of 5
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 prov ision(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.
The applicant stated, “property includes easement for neighborhood private drain system. Easement
is pervious and monitored by homeowner.”
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant stated, “property is contiguous with additional city easement which is pervious and
also maintained by homeowner.”
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR23-0017, request for a
variance from the platted Building Restriction Line (BRL) 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 ZVAR23-0017, request for a
variance from the platted Building Restriction Line.