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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.