410 Skate Road ZVAR20-0009 Packet (Barber)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: ZVAR20-0009
Address: 410 Skate Road
Applicant: Carlton Barber
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 rear yards from 6
feet to 8 feet and 10 inches at 410 Skate Road.
Summary: The applicant is requesting a variance to add 34 inches of extension on top of an existing 6
foot fence along the rear property line at 410 Skate Road. The added extensions would result
in a fence that is 8 feet and 10 inches tall. The maximum fence height allowed in rear yards
is 6 feet.
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.B
CASE NO. ZVAR20-0009
Request for a variance to increase the maximum fence height allowed in rear yards from 6 feet to 8
feet and 10 inches at 410 Skate Road.
LOCATION 410 Skate Road
APPLICANT Carlton Barber
DATE June 4, 2020
STAFF Brian Broedell, Principal Planner
STAFF COMMENTS
The applicant is Carlton Barber, the owner of 410 Skate Road. This property is located on the west side
of Skate Road and backs up to Hopkins Creek. Hopkins Creek lies within a 60 foot wide drainage right-
of-way that is owned and maintained by the city.
The applicant is requesting to add 34 inches of height to the existing 6 foot fence along the rear property
line. This would result in a fence that is 8 feet and 10 inches tall. Per Section 24-157, fences are limited
to six (6) feet in height in the rear yards.
The applicant has expressed that the intent of this request is to provide privacy from people who walk
along Hopkins Creek as well as those living on the other side of the Creek.
Page 2 of 3
ANALYSIS
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.”
Page 3 of 3
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 existing fence is along the drainage canal and adding
height to the fence would make them feel more comfortable with the added privacy from the many
people that walk along the canal as well as those across the canal that have views of their family and
backyard.
(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 ZVAR20-0009, request for a
variance increase the maximum fence height allowed in rear yards from 6 feet to 8 feet and 10 inches at
410 Skate Road 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 ZVAR20-0009, request for a
variance to increase the maximum fence height allowed in rear yards from 6 feet to 8 feet and 10 inhces
at 410 Skate Road 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 rear yards from 6 feet to
8 feet -10 inches.
ZVAR20-0009
410 Skate Rd
Site Context and Details
Located on the west side of Skate Road adjacent to Hopkins Creek
Zoned Residential Single-Family (RS-1)
Proposal
Add 2’-10” extension to the top of an existing 6’ fence along the back
property line (8’-10” tall fence).
Proposed
Fence
Proposal
Looking West
Looking East
410 Skate Rd
410 Skate Rd
Need for a Variance
Sec. 24-157 limits fence heights to 6 feet within rear yards.
Applicant is requesting an 8’-10” fence
Applicant has expressed the intent of the fence would be to
provide privacy from people who walk along Hopkins Creek and
from the two-story townhomes across the creek.
Considerations
Sec. 24-157 allows “privacy structures” up to 8’ tall and 12’ in
length if located 5’ from property lines.
The height of landscaping in rear yards is not regulated
Two-story townhomes across Hopkins Creek (roughly 80 feet from
fence line)
Grounds for Decision
APPROVAL-existence of
one or more of the following
(Section 24-64 (c)
DENIAL-adverse impact on
one or more of the following
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.