1538 Linkside Drive WAIV (Labassi) Staff ReportCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit within the Selva Linkside PUD for a lot located at 1538 Linkside
Drive, North.
SUBMITTED BY: Rick Carper, P.E., Public Works Director
Sonya Doerr, AICP, Community Development Director
DATE: November 16, 2005
BACKGROUND: The Selva Linkside PUD was approved in 1987, and developed prior to the City’s adoption of the 50% Impervious Surface Area (ISA) limit in November of 2001. Public Works
and Planning staff have interpreted that the 50% ISA limit applies to all new residential development/redevelopment throughout the City, although the PUD provisions in Division 6 of
the Land Development Regulations do not expressly state that the 50% limit applies to PUDs. (Any new PUD approved after November 2001 has been required to establish the ISA limit within
the PUD documents.)
The property owner received a Building Permit to construct a swimming pool on this 5646 SF lot. With the application, a summary of lot impervious area was provided which showed the
lot with an initial ISA of 47%. The application also included sketches of the lot showing pool location and a detail sketch of the pool itself. Neither the sketches nor ISA summary
showed any area for surface coverage by a pool deck. Subsequently, during construction, Staff noted that a paver deck had been installed that essentially covered the entire remaining
back yard of the lot. Staff then requested that the owner provide a survey showing total impervious coverage for his lot. The owner provided documentation showing the original impervious
area and the area added by the installation of the paver deck and a walkway from the pool deck to the front of the house (1228 square feet); with the 50% ISA credit for pavers, this
yielded total lot coverage of 53.9%.
Section 24-46 (d) permits the Commission to authorize limited Waivers, on a case-by-case basis, from specific provisions of the Land Development Regulations when it is demonstrated that
compliance with such provision would be unreasonable, in conflict with the public interest, or a practical impossibility. In considering any request for such a Waiver, the Commission
may require conditions as appropriate to ensure that the intent of the Land Development Regulations is enforced.
The intent of the 50% ISA limit is to address stormwater and drainage impacts that may result from over development of lots, particularly in areas of the City that do not have a master
stormwater system that has been permitted by the City and/or the St. Johns River Water Management District. While the Selva Linkside subdivision is an older project, it does have an
internal master stormwater system that was permitted by the SJRWMD, and this system continues to function as designed and constructed. In most cases, strict application of the 50%
ISA limit would prohibit addition of any ISA to residences within the Selva Linkside PUD.
RECOMMENDATION: Consider approval of a waiver to the 50% ISA limit, allowing for a maximum ISA of 54% for the lot located at 1538 Linkside Drive.
ATTACHMENTS: None.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER: __________________