318 Royal Palms Drive ZVAR20-0006 Packet (Girardey)PUBLIC NOTICE
To whom it may concern,
Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map
below, that a Public Hearing regarding the case described in this notice will be held by the identified governing
body or bodies in Commission Chambers located at 800 Seminole Road on the provided date and time.
PROJECT Property Location Map
Item No: ZVAR20-0006
Address: 318 Royal Palms Drive
Applicant: Carol Girardey
PUBLIC HEARING(S)
Body: Community Development Board
Date June 16, 2020
Time: 6:00 PM
Request: Request for a variance to increase the maximum fence height allowed in side and rear yards
from 6 feet to 8 feet and to increase the maximum fence height allowed in front yards from
4 feet to 8 feet at 318 Royal Palms Drive.
Summary: The applicant is requesting a variance to allow an 8 foot fence that has been installed in the
rear and side yard as well as portions of the front yard at 318 Royal Palms Drive.
Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission
with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has
continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings
is made, which must include the testimony and evidence upon which the appeal is to be based.
All information related to the item(s) above is available for review on the city of Atlantic beach webpage under
Public Notices https://www.coab.us/960/Public-Notices.
Interested parties may appear at the public hearing and be heard regarding the item(s). If you plan on appearing
and have written comments and/or pictures, please email everything 24 hours prior to the hearing. If you are not
able to attend the hearing, you can email your written comments to aaskew@coab.us 24 hours prior to the hearing.
The following measures will be taken to create a clean meeting environment and ensure social distancing:
1. Commission chambers will be cleaned and sanitized prior to the meeting.
2. Hand sanitizer will be available outside of chambers.
3. We ask that only people associated with each case come in when their case is called.
4. Attendees will wait in the breezeway on marked spaces that are 6 feet apart and wait for their case to be
called. There is an outside speaker in the breezeway that will amplify the sound from chambers.
5. Audience chairs will be spaced 6 feet apart.
6. Masks will be required during the meeting.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with
disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office
at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR20-0006
Request for a variance to increase the maximum fence height allowed in the side and rear yards from
6 feet to 8 feet and to increase the maximum fence height allowed in front yards from 4 feet to 8 feet
at 318 Royal Palms Drive.
LOCATION 318 Royal Palms Drive
APPLICANT Carol Girardey
DATE April 12, 2020
STAFF Amanda L. Askew, Director of Planning and Community Development
STAFF COMMENTS
The applicant is Carol Girardey, the owner of 318 Royal Palms Drive. This property is located on west
side Royal Palms Dr. approximately 100 feet north of Cavalla Road within the RS-1 zoning district.
The applicant is under code enforcement action for installing a nonconforming fence without a building
permit. The applicant is requesting a variance for an eight (8) foot fence in the side and rear yard and a
six (6) foot fence in the front yard.
Per Section 24-157 (1) fences are limited to six (6) feet in the rear and side yards and four (4) feet in height
in the required front yard.
8 foot fence
– requires
variance
6 foot fence –requires variance – max.
allowed 4 feet in required front yard
6 foot fence –requires variance – max.
allowed 4 feet required front yard
8 foot fence –requires
variance
Page 2 of 3
North side of property in the front yard.
South side of property in the front yard.
ANALYSIS
Max. per code 4 feet in the
required front yard. This is 6 ft.
Max. per code 4 feet in the
required front yard. This is 6 ft.
Page 3 of 3
Section 24-65 states 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 24-65 of this chapter, and such relief may be subject
to conditions as set forth by the City of Atlantic Beach.”
Section 24-65(c) 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 applicant explains that the people behind her have their yards located with trash,
gutters, ladders, rats and a leaning shed.
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR20-0006, request for a
variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and
to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms
Drive upon finding this request is consistent with the definition of a variance, and in accordance with the
provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) 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 ZVAR20-0006, request for a
variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and
to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms
Drive upon finding this request is not consistent with the definition of a variance.
Request for a variance to increase the maximum
fence height allowed in the side and rear yards
from 6 feet to 8 feet and to increase the
maximum fence height allowed in front yards
from 4 feet to 6 feet
ZVAR20-0006
318 Royal Palms Dr.
Site Context and Details
Located on
the west side
of Royal
Palms Dr.
approx. 80 ft.
north of
Cavalla Rd.
Zoned
Residential
Single-Family
(RS-1)
Site Context and Details
Applicant under code enforcement for installing a fence without a
building permit.
The fence exceeds the max. height allowed in the rear yard, side
yard and in the required front yard (max. is 6 ft. in rear and side
and 4 ft. in required front yard)
Last building permit for fence was in 2014. It was installed
correctly and met code.
Code enforcement sent letter to correct in March 2020.
2015 Google St. View
4 feet in height
Need for a Variance
North side of property
Need for a Variance
South side of property
Need for a Variance
Max. per code 6 feet in the side and rear yard.
This is 8 feet.
Pics submitted by applicant
Top of 6 ft. fence in rear yard
Grounds for Decision
APPROVAL-existence of
one or more of the following
(Section 24-64 (c)
DENIAL-
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
improvement 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.
The CDB may consider a
denial upon finding that
none of the requirements in
24-65 (c) exist.