Agenda Item 10A- Gaglione appeal petitionDecember 14, 2017
Honorable Donna L. Bartle
Clerk of City of Atlantic Beach
City Hall
800 Seminole Road
RE: Appeal of Variance Denial by the Community Development Board
Dear Ms. Bartle:
Pursuant to Section 24-49, Code of Ordinances of the City of Atlantic Beach, Florida, appeal is
hereby made on behalf of myself and my husband William P. Nail, as the property owners of 1505
Selva Marina Drive, Atlantic Beach, Florida concerning the denial of our request for a Variance to
construct a six foot fence at the property line (adjacent to/behind the existing 1 0 foot hedge) on
Seminole Road.
We believe the Community Development Board failed to properly analyze and apply the city's
code regarding Grounds For Approval of a Variance and we have been adversely affected by their
decision. Specifically, we believe the Board failed to find that the following reasons existed
allowing for a Variance:
(2) certain conditions or circumstances impact our property disparately from nearby
properties;
(3) there are exceptional circumstances preventing the reasonable use of the propetiy
as compared to other properties in the area;
(4) there is an onerous effect of regulations enacted after the platting and development
of our parcel;
(5) the property has an irregular shape warranting special consideration.
The lot has a pie shape with exposure to both Seminole and Selva Marina Drives. Therefore,
there is no private back yard by nature ofthe lot configuration. The vast majority of lots in
Atlantic Beach are conforming lots with a :fiont yard that faces a street and a back yard that does
not. Therefore, the impact of the fence regulation impacts our property disparately. Due to these
exceptional circumstances, we are unable to make use of our entire lot, create a backyard space
that is safe for our children and allows for privacy from Seminole Road. According to the original
plat, Seminole Road is considered our front yard. However, the property was developed to face
Selva Marina Drive, has a Selva Marina Drive address, the front door and drive way face Selva
Marina Drive and Seminole Road runs along the side and back of our property. A 10 foot
setback is being required for a 6 foot fence along Seminole Road. However, were it properly
considered our side yard, the 10 foot setback would NOT be required. This requirement came
into effect after the development ofthe property to face Selva Marina Drive and is having an
onerous effect on the use of our property. And, as stated already, the lot has an irregular shape
which warrants a Variance to allow for the creation of private back yard space.
Agenda Item 10A
January 22, 2018