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PROCESS AND PROCEDURE AT CITY COMMISSION FOR APPEAL �v
OF COMMUNITY DEVELOPMENT BOARD DECISION IN ZVAR-17-0010
Denial of Variance to Increase Height of Fence in Front Yard From Four Feet to Six Feet
1505 Selva Marina Drive
Pursuant to Sec.24-49 of the Code of Ordinances(Chapter 24 is the City's Land Development Regulations
("LDR's")) and case law from the Wolfson v. City of Atlantic Beach litigation,the Commission's review
of the appeal shall be limited to a consideration of only the record before the Community Development
Board ("CDB")(no new evidence)to determine:
Whether the decision by the CDB to deny the requested variance was in conflict with or in
violation of the Land Development Regulations, specifically in this case, Section 24-64,
Variances.
Because no new evidence is allowed in accordance with the Wolfson case law,no public hearing will
be conducted.
Documents for review prior to hearing: -
• Record Below- (previously provided, consisting of the full record considered by the CDB at
the November 21,2017 hearing,the minutes of the November 21,2017 CDB meeting and the
transcript of the ZVAR-17-0010 hearing);
• Appeal Notice submitted by the Appellant/Application,Ms.Lori A.Gaglione,dated December
14,2017(previously provided); and
• Related Ordinances (consisting of Sec. 24-49 regarding appeals from decisions of the CDB,
Sec.24-64 regarding variances and Sec.24-17, definition of Variance)attached hereto.
Hearing: No new evidence is taken.Decision is limited to the record.
• City Attorney—Procedural history/reminders
• Disclosure of Ex Parte Communications by Commission,if any
• City Staff Overview, documentation/presentation—up to a total of 20 minutes
(For example, may be broken up into 15 minutes for argument and 5 minutes for
rebuttal/closing comments.)
• Appellant/Application—Ms.Gaglione documentation/presentation—up to a total of 20 minutes
(For example, may be broken up into 15 minutes for argument and 5 minutes for
rebuttal/closing comments.)
After both presentations and closing comments/rebuttal, ending with the Appellant/Applicant, the
Commission will deliberate and take action.
The Commission may:
• Affirm the decision of the CDB (i.e.,deny the appeal);
• Reverse the decision of the CDB (i.e., grant the appeal and approve the variance); or
• Modify the CDB decision(i.e.,grant the appeal with conditions acceptable to the Appellant).
If the Commission determines the decision by the CDB was not in conflict with nor in violation of the Land
Development Regulations, it should adopt an Order affirming the CDB's decision. If the Commission
determines the decision was in conflict with or in violation of the LDR's,the Commission may grant the
appeal and approve the variance or approve the variance with conditions acceptable to the Appellant and
adopt an Order so providing.
00946301-1
Related Ordinances
Sec.24-49—Appeals.
Appeals of administrative decisions made by the community development director and appeals of final
decisions of the community development board may be made by adversely affected person(s) in
accordance with the following provisions.Appeals shall be heard at public hearing within a reasonable
period of time with proper public notice, as well as due notice to the interested parties. At the hearing,
any party may appear in person,by agent or by attorney.
(b) Appeals of decisions of the community development board. Appeals of the decision of the
community development board may be made to the city commission by any adversely affected
person(s), any officer, board or department of the city affected by any decision of the community
development board made under the authority of this chapter. Such appeal shall be filed in writing
with the city clerk within thirty(30)days after rendition of the final order,requirements, decision or
determination being appealed. The appellant shall present to the city commission a petition, duly
verified,setting forth that the decision being appealed is in conflict with or in violation of this chapter,
in whole or in part,specifying the grounds of the conflict or violation.The petition shall be presented
to the city commission within thirty(30)days after the filing of the appeal with the city clerk.
Sec.24-64—Variances.
(c) Grounds for denial of a variance. No variance shall be granted if the community development board,
in its discretion, determines that the granting of the requested variance shall have a materially
adverse impact upon one(1) or more of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime and other threats to public
safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas,
wildlife habitat,protected trees, or other significant environmental resources.
(7) The general health,welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situations created by the property owner.
(d) Grounds for approval of a variance. 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.
Sec.24-17—Definitions
Variance.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 provision(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 24-64 of this chapter, and such
relief may be subject to conditions as set forth by the City of Atlantic Beach.
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