02-16-18 Order Reversing DenialBEFORE THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH
IN RE: Appeal of Denial of
Variance Application ZVAR17-0010
Lori Gaglione
1505 Selva Marina Drive
ORDER REVERSING THE DENIAL OF VARIANCE ZVAR17-0010
BY THE COMMUNITY DEVELOPMENT BOARD
AND APPROVING SAID VARIANCE WITH CONDITIONS
This matter came to be heard upon the appeal of the decision of the Community
Development Board, dated November 21, 2017, to deny variance application #ZVAR17-0010 for
fence height at 1505 Selva Marina Drive (the "Subject Parcel"), timely filed pursuant to Section
24-49 of the City of Atlantic Beach's Land Development Regulations by the applicant, Lori
Gaglione ("Applicant") on behalf of herself, dated December 14, 2017.
Having duly considered the record documents transmitted to this Commission, as well as
both testimonial and documentary evidence presented at the appeal hearing on February 26, 2018,
the City Commission of the City of Atlantic Beach hereby,
FINDS AND DETERMINES:
A. That the Applicant requested a variance to increase the fence height requirements for
fences located on the front yard property line from four (4) feet to six (6) feet in height;
and
B. That the Subject Parcel at 1505 Selva Marina Drive has an irregular shape warranting
special consideration, as demonstrated by the documentary evidence produced by the
Applicant during the Community Development Board hearing and the appeal hearing
before this Commission;
C. That such documentary evidence is competent and substantial and meets the
requirements and criteria contained in Section 24-64(d)(5) of the City of Atlantic
Beach's Land Development Regulations, "grounds for approval, irregular shape of the
property warranting special consideration"; and
D. That an error was made in the Community Development Board's decision to deny
variance application, ZVAR17-0010.
NOW, THEREFORE, based upon the foregoing, it is ORDERED by the City
Commission:
1. The appeal of the Community Development Board's Order denying variance
#ZVAR17-0010, taken by the Applicant, is hereby GRANTED.
2. The denial of variance application #ZVAR17-0010 is hereby REVERSED.
3. Variance Application #ZVAR17-0010 is hereby approved, subject to the following
condition, which is hereby incorporated into and made part of the approval of variance
application #ZVAR17-0010:
That the approval of Variance ZVAR17-0010 shall be personal to the Applicant,
Lori Gaglione, and shall not run with the title to the Subject Parcel.
Approved by the City Commission on February 26, 2018.
Executed this day of April, 2018.
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA
ELLEN GLASSER
Mayor
FILED WITH THE CITY CLERK thisJO day of April, 2018
DO A L. BARTLE
City Clerk
Approved as to form and correctness:
A M. �EN���
City Attorney
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