JESSEI NELSON MAYOR VICKIE GAINER CITY MANAGER KEVIN OBOS CITY ATTORNEY  CITY Op  COMMISSIONERS SAM PEEBLES PATPERNO JAMIE WARRICK JUDY VANDERGRIFT  HAVEN.  LYNN HAVEN BOARD OF ADJUSTMENT THURSDAY, AUGUST 22, 2024, AT5:30 P.M. MEETING CHAMBERS, 825 OHIO AVE  SPECIAL MEETING LYNN HAVEN CITY HALL  AGENDA  Thel Lynn Haven Board of Adjustment will consider thei following request at a Special Meeting tol be held on Thursday, August 22, 2024, at 5:30 p.m. at the Lynn Haven City Hall Meeting Chambers, 825 Ohio Avenue, Lynn Haven, Florida. All interested people are invited to attend, or you may submit your written comments to the Board of Adjustment through the Planning Department, 825  Ohio Avenue, Lynn Haven, FL. 32444.  1. 2. 3.  Call to Order  Minutes: January 18, 2024 VAR-24-01: Jared Noyes 826 Florida Ave Adjourn  Request Variance from Section 6.6.X./15)8.9ULDC-Siomwatet Standards  4.  IFAPERSONDECIDESTOAPPEALANYDECISIONMADE! BYTHECOMMISSIONWITHRESPECTTOANY MATTER CONSIDERED ATTHIS MEETING, THEY WILL NEED. Al RECORD OFTHEPROCEEDINGS, AND FORSUCHI PURPOSETHEY MAYNEEDTOENSURETHAT, A VERBATIMRECORDOFTHEPROCEEDINGS IS MADE, WHICH: RECORDI INCLUDES' THETESTIMONY ANDI EVIDENCEUPON WHICHTHE. APPEALIS *** IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND 286.26, FLORIDA STATUTES, PERSONS WITHDISABILITIES NEEDING SPECIALACCOMMODATIONTOPARTICIPATEIN THISI PROCEEDINGSHOULDCONTACTTHE CITY PLANNER. NOLATER THANTWO(2)DAYSPRIORTO THEI PROCBEDINGATTELEPHONE850-265-296 FOR ASSISTANCE. IFHEARINGIMPAIRED,TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS, (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE), FOR  BASED. FLORIDA STATUTE286.010.  ASSISTANCE.    CITY OF LYNN HAVEN BOARD OF ADJUSTMENT REGULAR MEETING January 18, 2024  Al Regular Meeting oft the Lynn Haven Board of Adjustment was held on' Thursday, January 18,  2024, at 5:30 p.m. at the City Hall Meeting Chambers.  Present:  Jerry Whitworth, Chairman Morgan Doolittle Douglas C. Pennington Aneliya Santos Christopher Clubbs Amanda Richard, Planning Director Vicki Harrison, Board Secretary  1. Call to Order by Mr. Whitworth  2. Mr. Doolittle made a motion to approve the November 15. 2022. Minutes,  Second to: motion: Mr. Pennington,  On vote:  Santos Clubbs: Doolittle: Pennington: aye Whitworth: aye  aye aye aye  approved 5-0  #3. VAR-23-01: Randy and Alicia Whitehead. 1005 W 12th Street, Request side yard setback from 7 to minus 2 Ms. Richard stated the applicant/owner is Randy and Alicia Whitehead, who was present, is requesting a side yard setback (North 12th St) variance from 7' to minus 2' as aj portion of the home on the north side extends two (2) feet onto the City's 12th Street Right of Way (ROW), Ms. Richard stated the house) was constructed in the 1970's prior to City codes and the home already protrudes 2' into the Right of Way (ROW). Mrs. Whitehead contacted the City and submitted a ROW Abandonment application. There is not an ROW Abandonment application fee, however a survey is required, and those can be expensive. The ROW application was reviewed by the Public Work Director and the Chief Infrastructure Director, and it was determined that a utility pipe is in the right of way, however, it doesn't go too far into the ROW, but far enough that they The City Attorney and City Manager recommended that Mr. & Mrs. Whitehead apply for a  and the applicant is requesting the same setback to construct a new entryway.  could not approve the ROW abandonment.  Board of Adjustment  January 18, 2024  Page 1    Variance request as this is a special situation, not due to the actions of the applicant, and specific to this property. The Chief Infrastructure Director and Public Works Director support the requested Mr. Whitehead addressed the board and thanked them for their time and listening to his request, and Board Member, Mr. Clubbs asked if they have any drawings to show what they are proposing to do. Ms. Victoria Williams, architect, presented the board with the proposed plans for the entryway. Each board member reviewed the proposed plans. Mr. Clubbs asked ift there are any existing codes, etc., that would prevent a private use of public land. Ms. Richard stated the City ordinances allow for variance requests for certain criteria. The City Attorney. and City Manager recommended that since the ROW could not be abandoned, that a variance request should be presented to the Board of Adjustment. Ms. Richard stated the existing driveway, is not on their property and is in the ROW. These property owners purchased the property with an exiting issue that was prior to current City rules, laws, or the City's Unified Land Development Code (ULDC), SO the property is  variance as the proposed entryway doesn'taffect the pipe in the ROW. he appreciates the City working with him and he hopes for a favorable vote.  grandfathered in. Public Comments - none.  Mr. Doolittle made ai motion to approve the variance request as presented,  Second to motion: Mr. Pennington,  On vote:  Santost Clubbs: Doolittle: aye Pennington: aye Whitworth: aye  aye aye  approved 5-0  Ms. Richard thanked the members for their attendance, as there can sometimes be a gap between meetings, she appreciates their availability and dedication to: meet when a variance request is With there being no further business or discussion, the meeting adjourned at 5:43p.m.  received.  Jerry Whitworth, Board Chairman  prepared by Vicki Harrison Board of Adjustment  January 18, 2024  Page 2    CITY OF  N HAVEN.  DEPARTMENT OF DEVELOPMENT & PLANNING 825 Ohio Avenue - Lynn Haven, FL: 32444  (850)248-0506 STAFF REPORT Application for a Variance Request Board of Adjustment Meeting August 22, 2024  Application Information Applicant: Owner Requested action: Location: Tax roll parcel number: Land Use Map category: Community Redevelop. District: Corridor Overlay Size:  Triple A Homes, LLC-J Jared & Heather Noyes Triple A Homes, LLC - Jared & Haether Noyes Variance from Section 6.06.03 (C)(15)(a,b,c) ULDC Stormwater Standards 824 and 826 Florida Avenue 09587-000-000, 09588-000-000  Commercial Yes No 0.231 tacres  Summary of Request and Background Information  The applicant is requesting a variance from Section 6.06.03.0X15.8.09 ULDC Stormwater Standards as the property is unable to meet the City's Stormwater 100 year Requirement. A geotechnical report was submitted which showed a relatively shallow ground water table (12' from the surface to the seasonal high ground water table) plus the finished floor of the existing structure prohibits any fill material being brought onto Pre-application meetings were held for potential development of these two (2) parcels. The Applicant/Owner is requesting that in lieu of meeting the City's 100 year Stormwater event, a Florida Development of Environmental Protection (FDEP) A two (2) story building is located on the property that had been converted into office and apartment rentals since it's construction in 1957, and it will now be brought up to building code. It was added onto over the years, and there was an extension built onto the back without proper permits by the previous owners, but that has since been removed by the current owners. A 2,512 sq. ft. addition is being proposed for the two (2) story building to accommodate two (2) commercial business rentals. The change of use to commercial, plus the new addition will require a development order. The decision of the variance request will determine if this proposed development can move forward as  the site to gain separation from the ground water table.  exemption be accepted by the City.  1    they are unable to meet the City's stormwater requirements set in Section .03.030X15).a.D,0) due to the size of the property and the water table issues. The City Manager requested this item to be presented to the Board of Adjustment. The Chief Infrastructure Director has reviewed the submitted geotechnical report, and site plans, and is amenable to the FDEP Exemption being accepted by the City in lieu of the City's 100 year Stormwater event requirement if the Board of Adjustments permits this.  Additional Information  The current land use designations of adjacent parcels are as follows:  North: South: West: East: Submitted by: Vicki Harrison August 22, 2024 Attachments:  Commercial Commercial Low Density Residential Commercial  Application Aerial Maps Land Use Maps Deed  Geotechnical Report Summary  ULDC 6.06.03(CX15)8,D.) Stormwater Standards ULDC 9.02.02 Required Findings for a Grant of Variance  2    CITY OF  AN HAVEN  DEPARTMENT OF DEVELOPMENT & PLANNING  evelop.plan@ctyonynhaven.com (850)248-0506  APPLICATION FOR A VARIANCE FROM THE LAND Deadline to submit is 20 days prior to the third Thursday of the month  DEVELOPMENT REGULATIONS  File Number 24-01 Date Received 8-12-2024  Application Information Property owner: Agent/Contact (if different): Telephone Number: Requested action: Location: Size:  Triple A Homes LLC Jared Noyes 850-814-6911 Variance  826 Florida Avenue & 824 Florida Avenue 09588-000-000; 09587-000-000 6750 sq ft (50f frontage x 135 depth); 3375 sqf ft (251 frontage x 135 depth)  Bay County Parcel Number(s) Existing uses on the site: Future Land Use Map category:  commercial commercial  Compatibility Direction North South West East  Adjacent Existing Uses Commercial Commercial Residential Commercial  Adjacent Future Land Use COMMERCLAL COmMERCAL Lou DESTY RESIDETLAL COMMECCIAL  Variance Request    Specify the variance request by checking all that apply:  Front yard setback from Rear yard setback from Side yard setback from  feet to feet to feet to  feet feet feet  X  Other Variance from section .06.030/15)a.D.0) ULDC Stormwater Standards  Explain the reasons for requesting the variance  Itisi impossible to satisfy Section 6.06.030/15)a.D,9) ULDC Stormwater Standards even if the historic 1956 building were completely demolished and the property elevation raised based on information  provided by SEC Civil Engineering and a geotechnical survey of the property.  Avariance must be consistent with the Unified Land Development Code Section 9.02.02 (copy attached to application) of the City of Lynn Haven. Inc considering variations from the terms of Section 9.02.02, the Board of Adjustment shall, before making a decision in a specific case, first determine that the proposed variation meets the following criteria. Please provide a brief, written justification  explaining how each of the following criteria are being met.  (1)X Does not constitute a change in the districts shown on the land use map; will not impair an adequate supply of light and air to adjacent property; property is consistent with neighboring structures and land use map. The project will not  expand the existing building's height or width.  (2)X Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same land use district. Iti is an existing historic 1957 structure, not new construction on vacant land.  (3).X The special conditions and circumstances do not result from the actions Purchased with plans for minor modifications to existing strucutre tol bring it upt to building standards.  of the applicant.    (4). X Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings or  structures in the same land use district.  (5), X Literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by others in the same land use district under the terms of the ordinance and would work unnecessary and Adjacent properties have not had to conform with Section 6.06.03(c) ULDC Stormwater Standards. Triple AH Homes would have to stress sell or convert tol low income housing, or other mixed use. 6X The variance granted is the minimum variance that will make possible variance required would be use of FDEP exemption  undue hardship on the applicant.  the reasonable use of the land, building or structure.  mX The granting of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Yes, as this building would be consistent with existing buildings and businesses in this CRA corridor of Florida Avenue  (8). X The granting of the variance is not based on economic circumstance. No, only sticking with the original plan of minor modifications of the property to bring building up to current building codes and provide 2 commercial rentals.  Deed Restrictions  Check the following category that applies:  X This property is not bound by any subdivision covenants or deed restrictions; or    X This variance request does not violate any subdivision covenant or deed restriction on this property and if required, approval from the Homeowners Association This variance request is in conflict with subdivision covenants or deed restrictions on this property and a release from the developer or subdivision Homeowners  is attached; or  Association is attached. Certification and Authorization  Ido hereby authorize City staff to enter my property for the purpose of site inspection. do hereby authorize the placement of a public notice sign(s) on my property at a hereby certify that the information submitted on this application is true and correct to  location(s) tol be determined by City staff. the best ofs my kpowledge at the fime of application.   Owner's Signature / Jared Noyes Owner's Name (typé or print) - Applieant's Signature, if not owner Heather Noyes ApplieantyName (type or print) DIMEVE allowing the applicant to act on his/her behalf. Please attach: Required Fee $600.00 Survey Location Map Deed  Date  Hyhu  Managing Partner, Triple A Homes LLC Title and Company (if appliçable)  3124  Date  Managing Partner, Triple A Homes LLC Title and Company (if applicable)  'A notarized agent authorization is required If the applicant is not the owner, and the owner is  ALegal Description (if different from the deed)    Bay County Property Appraiser - Dan Sowell, CFA Main Office I 860'W.1 11th St, Panama City, FL3 32401 I 850-248-8401 Beach Office 301 Richard Jackson Blvd, Panama City Beach, FL: 32407 I 850-248-8470  Overview  a  Legend Parcels  Parcel ID 09588-000-000 Class Code STORE/OFFICE/RESID TaxingDistrict 6 Acres (Note: Noti tob beu used onl legal documents)  Owner Physical Address  TRIPLEAHOMESLLC Last2Sales 13626SANDYRD PANAMACITY,FL 32409 826FLORIDAAVE  Date Price Reason 2/14/2006 $357000 N/A MLS  Qual Q  3/21/2022 $475000 QUALMUTPAOPWMUL Q  LYNNHAVEN 0.154  TAXIDS  Just Value Value $272927  Maps have been compiled from the most authenticinformation available and are to be used for assessment purposes only. Bay County Property Appraiser's Office assumes NO responsibility for errors and/or omissions that may be contained herein. THIS  MAPI ISNOT ASURVEY Date created: 8/16/2024 Last Datal Uploaded: 8/16/202490115AM Developedby  Schneider    Bay County Property Appraiser - Dan Sowell, CFA Main Office 1 860W. 11th St, Panama City, FL 32401 I 850-248-8401 Beach Office I 301 Richard Jackson Blvd, Panama City Beach, FL: 32407 18 850-248-8470  Overview  a  Legend Parcels  Parcell ID 09587-000-000 Class Code VACANTCOMMERCIAL Taxing District Acres (Note: Not tob beused onl legal documents)  Owner Physical Address Just Value Value $27000  TRIPLEAHOMESLLC Last2Sales 13626SANDYRD PANAMACITYFL 32409 824FLORIDAAVE  Date MLS  Price Reason TAXIDS  Qual  6 LYNNHAVEN 0.077  3/21/2022 $475000 QUAL/MULT-PROPW/MULT- Q 12/27/2017 $20000 QUAL/DEEDEXAMINATION Q  Maps have been compiled from the mosta authentic information available and are to be used for assessment purposesonly. Bay County Property Appraiser's Office assumes NO responsibilityf for errors and/or omissions that may be contained herein. THIS  MAPISNOT. ASURVEY Date created: 8/16/2024 Last Datat Uploaded: 8/16/2024920115AM DevelopedbyS Schneider    GINOTH  3I8074-  VGIOTH  e 1n E e E - 8 a 3  0  2  e  co  MBOA MIN  JOAMEN    CO  8  o  VGINOTH-  VaINOT  VOINOT  a  cO -  8  3  6  -  MHOA MEN    Prepared By and Return To: Anchor Title Co. Attn: Katie Headley 2633 W. 23rd Street Panama City, FL: 32405 Order No.: 2202-019  Property Appraiser's Parcel I.D. (folio) Number: 09587-000-000 and 09588-000-000  WARRANTY DEED  THIS WARRANTY DEED dated the 12th day of May, 2022, by Kwang Richards, AKA Kwang H. Richards, and Timothy Edward Richards, a married couple, whose post office address is 4007 Valencia Court, Panama City, Florida 32405 (the "Grantor"), to Triple A Homes LLC, a Florida Limited Liability Company, whose post office address is 13626 Sandy Road, Panama City, Florida, 32409 (the' "Grantee"). (Wherever used herein the terms "Grantor" and' "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Four Hundred Seventy-Five Thousand And No/100 Dollars ($475,000.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Parcel 1 Lot 12, Block 138, Lynn Haven, according to the plat thereof, on file ini the Office of the Clerk of Parcel 2 Lots 13 and 14, Block 138, Lynn Haven, according to the plat thereof, on file in the Office of the  Grantee, all that certain land situated in County of Bay, State of Florida, viz;  the Circuit Court, Bay County, Florida. Clerk of the Circuit Court, Bay County, Florida.  Subject to easements, restrictions, reservations and limitations of record, ifa any.  TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise  appertaining  TO HAVE AND TO HOLD the same in Fee Simple forever.  AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land int fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to: 2021.    IN WITNESS WHEREOF, the said Grantor has signed and sealed these  above written.  presents the day and year first  Signed, sealed and delivered in presence of:  Ad ". (df Witness Signature Katherine M. Conti Printed Name of First Witness a Witness Signature Ronda Simmons Printed Name of Second Witness STATE OF Florida COUNTY OF Pinellas  Kvang Richards Kwang Richards Timothy Edwards Richards Timothy Edward Richards Grantor Address: 4007 Valencia Court Panama City, FL: 32405  The foregoing instrument was executed and acknowledged before me by means of Kwang Richards and Timothy Edward Richards, who is personally known to me or who 2022 has  Presence or. V Online Notarization this  21  day of March  Physical by produced  apassport dss Notary Public  (type of identification): as identification.  Ronda Simmons Notary Public, State of Florida Commission # GG250128 My Commission Expires Aug. 19, 2022  Printed Name: Ronda Simmons Commission # GG250128 My Commission Expires:, 8/19/2022  NotaryCam Doc ID: 7cd85-671-4a2-ba88-3ea450438b26    Amanda Richard From: Sent: To: Subject: Attachments:  Jared Noyes snoyes/40gmal.com> Monday, July 15, 20243:55PM Amanda Richard Fwd: 826 geotechnical investigation P2434 Geotechnical Report 826 Florida Avenue.pdf  Sent from my iPhone Begin forwarded message:  From: Jared Noyes snoyes740gmai.com, Date: July 5, 2024 at 4:32:25PMCDT Subject: Fwd: 826 Florida ave Sent from my iPhone Beginforwarded message:  To: Heather Noyes <Heather.Noyes@raymondjames.com>  From: Tyler Marsh <tyler.marsh@soutneasternce.com> Date: July 1, 2024at120139PMCDT To: Jared Noyes noyes/40gmal.com, wade.Daleyesoutneasternce.com> Subject: RE: 826 Floridaa ave  Cc: Heather Pippin <heather.pippin@soutneasternce.com>, Wade Bailey  Jared: Please seei the attached geotechnical report. Unfortunately the findings are noti in our favor. Youl have a relatively shallow groundwater table (12"f from the surface to the seasonal high groundwater table). Our options are very limited on any expansion on the site. Thet finished floor of the existing structure prohibits anyi fill material being brought ini to gain separation from the groundwater table andi the underground storm water system previous discussed will not worki in this case. Please take al look1 through this report and give me a call to discuss further. Thanks.  Thankyou, Tyler Marsh, P.E.  1    6.06.03-Stormwater Standards  A. Swale means a natural or manmade drainage pathway, which if manmade has a top width to depth ratio of the cross section equal to or greater than six (6) to one (1) or side slopes equal to or greater than three (3) feet horizontal to one (1) foot vertical; and has a grade as flat as the topography and design conditions will allow; and only contains contiguous areas of standing or flowing water following the occurrence of rainfall or flooding; and is planted with vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake. B. Performance standards Stormwater management plans shall demonstrate that the proposed development or activity has been planned and designed and will be constructed and  maintained to meet each of the following standards:  1. Ensure that after development, runoff from the site does not flow onto private property unless it approximates the rate of flow, volume and timing of runoff that would have occurred following the same rainfall under existing conditions and, to the extent  practicable, predevelopment conditions;  2. Maintain the natural hydrodynamic characteristics oft the watershed; 3. Protect or restore the quality of groundwater and surface water; 4. Ensure that erosion during and after development is minimized;  5. Protect groundwater levels;  6. E Protect the beneficial functioning of wetlands as areas for the natural storage of surface 7. Prevent increased flooding and damage that results from improper location, construction, and design of structures in areas which are presently subject to an unacceptable danger  waters and the chemical reduction and assimilation of pollutants;  of flooding;  8. Protect natural fluctuating levels of salinity in estuarine areas; and  9. Minimize injury to flora and fauna and adverse impacts to fish and wildlife habitat. - Design standardsTo ensure attainment of the objectives of this chapter and to ensure that the performance standards will be met, the design, construction, and maintenance of 1. Channeling runoff directly into water bodies shall be prohibited. Instead, runoff shall be routed through swales and other systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants. If feasible, perforated pipe shall be used for infiltration purposes in situations  drainage systems shall be consistent with the following standards:  where piping is necessary.  2.    Unless permitted natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized, or otherwise altered. Water shall be retained or detained before it enters any natural watercourse in order to preserve the natural hydrodynamics of the watercourse and to prevent  siltation or other pollutions.  3. The area of land disturbed by development shall be as small as practicable. Those areas which are not to be disturbed shall be protected by an adequate barrier from construction activity. Whenever possible, natural vegetation shall be retained and  protected.  4. No grading, cutting, or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and water bodies, watercourses, 5. Land which has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to  and wetlands.  revegetate the area.  6. Sediment shall be retained on the site oft the development.  7. Wetlands and other water bodies shall not be used as sediment traps during  development.  8. Erosion and sedimentation facilities shall receive regular maintenance to ensure that they 9. Artificial watercourses shall be designed, considering soil type, sO that the velocity of flow is low enough to prevent erosion. Guidance criteria for flow velocity are located in Chapter 62-346 F.A.C.and Chapter 10 of the FDOT Drainage Manual regarding lining velocities. Additional velocity criteria include flow over bare ground (2.5 to 3.0 fps), in open channels 10. Vegetated buffer strips shall be retained int their natural state as specified in Chapter3 along the banks of all watercourses, water bodies or wetlands. The maximum width of the buffer shall be sufficient to prevent erosion of the banks, provide access to the water body and allow for periodic flooding without damage to the structures. Design criteria and guidelines for vegetated natural buffers are located in Chapter 62-346 F.A.C.  continue to function properly.  (31 fps) and in pipes (5 fps).  11. Intermittent watercourses, such as swales, shall be vegetated.  12. Retention and detention ponds shall be used to retain and detain the increased and accelerated runoff which the development generates. Water: shall be released from detention ponds into watercourses or wetlands at a rate and in a manner approximating  the natural flow which would have occurred before development.  13.    Although the use of wetlands for storing and purifying water is encouraged, care must be taken nott to overload their capacity, thereby harming the wetlands and transitional vegetation. Wetlands shall not be  damaged by the construction of detention ponds.  14. Pollution Control (Quality)  a. For offline systems, the first one-half (1/2) inch of stormwater runoff shall be retained and for online systems the first one (1) inch of stormwater runoff shall be retained. b. Detention with filtration, with a safety factor of2, may be used only in special applications, when approved by the City. The following are required for dry retention, infiltration and underdrained systems; two feet of clearance above the seasonal high water table (SHWT), a maximum percolation rate of twenty (20) inches per hour as determined by a double ring infiltrometer (DRI) test and a safety factor of2. C. All stormwater discharge facilities shall have sediment controls and skimming devices. d. The beneficial use of existing wetlands that need hydrologic restoration can be implemented pursuant to Subsection 62-25-042, FAC, Permit Requirements for Wetland Storm Water Discharge Facilities and other FDEP regulations (62-40, 62-610 . Storm water reuse is encouraged and design criteria and guidelines are located in  and 62-611, FAC). Chapter 62-3461 F.A.C. 15. Flood Control( (Quantity)  a. Ataminimum, facilities shall be provided to attenuate a storm event of critical duration sO the post development storm water off-site peak discharge shall be no greater than the predevelopment rate. The 2-, 25-, and 100-year frequency storm events shall be analyzed for the 1-, 2-, 4-,8-, and 24-hour durations to determine the storm event of critical duration. Designrainfall distributions for these facilities shall be obtained through a statistical analysis of historical long term rainfall data or from b. The outfall structure of all stormwater facilities shall be capable of discharging all 100- Atan minimum, facilities should be provided to attenuate the 2-, 25-, and 100-year storm events of critical duration so the post-development storm water rate in downstream reaches shall be no greater than the pre-development rate in downstream reaches. Guidance criteria for detention facility sizing are located in d. Methods for determining the time of concentration are located in Chapter 62-346  acceptable sources.  year storm events without overtopping the pond banks.  Chapter 62-346F.A.C.  F.A.C. e.    Methodologies for calculating peak discharge are located in Chapter 62-346 F.A.C.  f. Facilities discharging to tidally influenced water bodies shall be exempt from these 16. Runoff from parking lots shall be treated to remove oil and sediment before it enters 17. The banks of detention and retention areas shall be sodded and sloped at a gentle grade, four (4) feet horizontal to one (1) foot vertical, or less, into the water as a safeguard against drowning, personal injury, or other accidents; to encourage the growth of vegetation; and to allow the alternate flooding and exposure of areas along the shore as water levels periodically rise and fall. This maximum pond slope may be increased if public access to the pond is restricted by a fence or other acceptable means 18. The bottoms of dry detention and retention areas shall be sodded, and this shall be taken into consideration when calculation percolation rates. However, the City may exempt an area from this requirement if the City determines that the area would be better served 19. The use of drainage facilities and vegetated buffer zones as open space, recreation, and 20. The use of drainage facilities and vegetated buffer zones as open space, recreation, and conservation areas shall be encouraged. Provisions to provide for stormwater  flood control requirements.  receiving waters.  without sodding.  conservation areas shall be encouraged.  management required.  (Ord. No. 914, S 1, 1-13-09; Od.N0.1ZL.51,21421) State Law reference- FS.5163.32022X0,    9.02.02- Required Findings for a Grant of Variance  Inc considering variations from the terms of this ULDC, the grant of a variance shall be based on an  affirmative response for each of the following: Table 9.02.02 Findings for Grant of a Variance.  Variance Findings  A. The proposed variation does not constitute a change in the districts shown on the Official  Land Use Map;  B. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in  the same land use district;  C. The special conditions and circumstances do not result from the actions of the applicant; D. Granting the variance requested will not confer on the applicant any special privilege that isd denied by the ULDC to other lands, buildings, or structures in the same land use  district;  E. Literal interpretation of the provisions of the ULDC would deprive the applicant of rights commonly enjoyed by others in the same land use district under the terms of the ULDC  and would work unnecessary and undue hardship on the applicant;  F. The variance granted is the minimum variance that will make possible the reasonable use  of the land, building, or structure;  G. The grant of the variance will be in harmony with the general intent and purpose of this ULDC and that such variance will not be injurious to the area involved or otherwise  detrimental to the public welfare;  H. Isnot based on economic circumstances; and  I. That the variance, if granted, is based on the findings required by this section.