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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.