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1175 Atlantic Boulevard 16-ZVAR-193 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO 16-ZVAR-193 Request for a variance as permitted by Section 24-64, to increase the maximum fence height in the front yard from 4 feet as required by Section 24-157(b)(1) to 6 feet at Blocks 11, 12 and 13 of Section “H” (aka 1175 Atlantic Boulevard). LOCATION 1175 ATLANTIC BOULEVARD APPLICANT ATLANTIC BEACH URBAN FARMS DATE SEPTEMBER 13, 2016 STAFF DEREK W. REEVES, PLANNER STAFF COMMENTS The applicant is Atlantic Beach Urban Farms, represented by Steve Cissel. The property is located in the Commercial General (CG) zoning district at 1175 Atlantic Boulevard, which is west of Mayport Road on the ramp from Mayport Road onto west bound Atlantic Boulevard. The property also has frontage on 1st Street on the north side. There are a couple of structures under construction on the property including a greenhouse with attached work area and a shipping container structure. The applicant is planning to put up new fencing around the property including a 6 foot wood fence on the property line along 1st Street. This property is considered as a double frontage lot and subject to Section 24-84, which states, “the required front yard shall be provided on each street…” Front yard is defined in Section 24-17 as, “the required yard extending across the full width of the lot, extending from the lot line to the front building setback line as established by the zoning district designation.” Within the CG zoning district the front yard is 20 feet as required by Section 24-111(f)(1). Simply, this means that the first 20 feet along Atlantic Boulevard and 1st Street are considered as front yards for this property. A variance is required by Section 24-157(b)(1) that states, “within required front yards, the maximum height of any fence shall be four (4) feet…” This is because the applicant is requesting to build a 6 foot wood fence within the front yard along 1st Street. The applicant discusses in their application that the 1st Street side of the property is functionally the rear with the main focus directed towards Atlantic Boulevard so a 6 foot fence will provide a visual and sound buffer for the residences along 1st Street from their building and retention pond as well as Atlantic Boulevard. The applicants also note the differences between the residential area and this commercial property on the high intensity Atlantic Boulevard. However, this is not the only double frontage commercial lot on Atlantic Boulevard that is across from residential. Not to mention the multitude of CG properties that immediately abut residential properties. The neighboring property is identified as having a 6 foot fence in one of its two front yards, but this property is nonconforming because of that and is actually an exception to the rule. Remember that Section 24-64(g) states, “Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. Page 2 of 3 ANALYSIS Section 24-64(b)(1) provides that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[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.” Section 24-64(d) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicants stated in their application that the property is Commercial General bordering residential. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicants stated in their application that the adjacent properties have 6 foot wood fence. (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. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve 16-ZVAR-193, request to increase the maximum fence height in the front yard from 4 feet as required by Section 24-157(b)(1) to 6 feet at Blocks 11, 12 and 13 of Section “H” (aka 1175 Atlantic Boulevard), upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-64, specifically the grounds for approval delineated in Section 24-64(d) and as described below. 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. Or, The Community Development Board may consider a motion to deny 16-ZVAR-193, request to increase the maximum fence height in the front yard from 4 feet as required by Section 24-157(b)(1) to 6 feet at Blocks 11, 12 and 13 of Section “H” (aka 1175 Atlantic Boulevard), upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24- 64(d), or it is consistent with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described below. 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 or 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 situation created by the property owner.