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Item 8B AGENDA ITEM #8B AUGUST 9, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Waiver to allow short-term rentals within residential Zoning Districts limited to the Super Bowl time period only. SUBMITTED BY: Sonya Doerr, AICP ,,,~~ Community Development Director DATE: July 28, 2004 BACKGROUND: The City's Land Development Regulations currently consider short-term rentals (that for which a daily or weekly fee is charged and for periods of time less than three months) as a commercial use, therefore, not permitted within residential zoning districts. Per request of the Commission, the below recommendation is provided for consideration as authorized by following Section 24-46 (d) of the City Code. ~„ Sec. 24-46. City Commission. (d) To authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) ~„ would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter ~„ shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request fora Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the ~ intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. BUDGET: No budget issues. RECOMMENDATION: Consider a motion to approve of a waiver pursuant to Section 24- 46 (d) of the Land Development Regulations to allow daily or weekly vacation rentals within residential Zoning Districts during the 2005 Super Bowl, limited to dates beginning Sunday, January 23, 2005 and ending Saturday, February 12, 2005, finding that the Super Bowl constitutes a unique and special circumstance during a temporary time period; that the restriction against such short term rentals during the Super Bowl would be unreasonable, and that the temporary waiver is not in conflict with the public interest. ATTACHMENTS: NcrA REVIEWED BY CITY August 09, 2004 regular meeting