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871 Ocean Boulevard ZVAR20-0012 Packet (Polanec)ZVAR20-0012 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR20-0012 Request for a variance to increase the maximum fence height allowed in the side yard from 6 feet to 8 fee on the north side for a portion of the property LOCATION 871 Ocean Blvd. (RE# 170236-0020) APPLICANT Connie Polanec DATE September 10, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Connie Polanec, the owner of the property at 871 Ocean Blvd. This property is located on the east side of Ocean Blvd. approximately 100 feet north of Plaza Drive in the residential, general, multi- family (RG-M) zoning district. The applicant has an existing fence around the property and has applied for a fence permit. However, the fence is not on the property line and all new fences and any variances granted will require the fence to be placed on the property line. The applicant is seeking a variance to increase the fence height on a portion of the fence on the north and south side of the property from six (6) feet to eight (8) feet. The proposed eight (8) fence on the north side will be 26 feet in length in the rear yard and in the rear yard on south side will be 30 feet of eight (8) foot fence. This property is an end and part of a townhouse development. It is adjacent to the Sea Place Condominiums. Per Section 24-157 (b) (1) fences are limited to six (6) in the rear and side yards. 8 foot fence Page 2 of 2 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.” 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 wrote, “I am putting in an outdoor shower and hot tub. Need a higher fence to block neighbors on their balconies at Sea Place Apartments.” The applicant stated that the Beaches Vineyard Church as no objections. (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 ZVAR20-0012, request for a variance to Section 24-157 (b) (1) 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 ZVAR20-0012, request for a variance to Section 24-157 (b) (1), finding this request is not consistent with the definition of a variance. 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 Community Development Board (CDB) in a hybrid quasi-judicial format will allow for both virtual participation and in-person participation. All board members will be participating virtually. Virtual participation can be accessed via https://www.coab.us/506/Meeting-Videos. You will be prompted to register. You must register to watch/listen or to provide public comment. In person participation will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR20-0012 Address: 871 Ocean Blvd. (RE #170236 0020) Applicant: Connie Polanec PUBLIC HEARING(S) Body: Community Development Board Date September 15, 2020 Time: 6:00 PM Request: Request for a variance to increase the maximum fence height allowed in the side yard from 6 feet to 8 feet. Summary: The applicant is requesting a variance from Section 24-157 to allow an 8 foot fence in the side yard (north side of property). 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. The city will hold a “hybrid” quasi-judicial hearing as outlined in Resolution No. 20-32. The city will use following format as defined in Resolution 20-32 for these type of meetings: 1. Communications Media Technology (CMT) means any alternative forms of audio, video, electronic, or digital communication transmitted or hosted via telecommunications or computer web-based platform services. These procedures for quasi-judicial hearings are "hybrid," in that they allow for both virtual participation and in person participation, subject to the provisions below. 2. Implementation of these CMT procedures may only be utilized during the pendency of a declared State of Emergency by the Governor’s office. The Executive Order of the Governor must allow for suspension of any Florida Statute requiring a quorum to be physically present. CMT procedures must comply with Section 120.54(5)(b)(2), Fla. Stats. 3. These CMT procedures will be available for meetings of the City Commission, Community Development Board, and any other City board or committee that may conduct a quasi-judicial hearing. 4. All applicants have the option of deferring their case to be heard at a future date under established non-emergency hearing procedures. 5. Any applicant choosing to have their case heard under these CMT procedures must complete the Acknowledgement and Waiver Form provided. This form must be completed by the Applicant, Agent, if any, AND the property owner if not the Applicant. The form must be sworn to or affirmed, and notarized. 6. Noticing provisions are not suspended. Noticing will be as required by the City Code and Florida Statutes. Noticing will include information on how the public or Applicants may participate by CMT. 7. Agenda packets and registration instructions will be available online at coab.us 8. The Commission Chambers will be open for public attendance consistent with City health and safety procedures published on the City’s website and provided with agenda notices. Physical attendance in the Commission Chambers will be prioritized as follows: a. Applicant and/or Applicant’s Agent/ Legal Counsel and Witnesses b. General Public 9. The members of the General Public and the Applicants and/or Applicant’s Agent that choose to attend the hearing physically in the Commission Chambers will be directed to speak into a laptop that is logged in to the zoom meeting. 10. Applicants and/or Applicants’ Agent may attend physically or by CMT. Witnesses and affected parties may appear by CMT or physically on a limited basis consistent with health and safety procedures established by the City. All testimony at quasi-judicial hearings will be sworn under oath. Please be advised that members of the public and witnesses may or may not be granted physical access to the inside of Commission Chambers until it is their specific time to speak at the discretion of the meeting moderator present in the Commission Chambers. A speaker located outside of Chambers will also broadcast the meeting. 11. Presentation materials, documents, witness lists, photographs, and other evidence and exhibits must be provided to the City Clerk’s Office if the quasi-judicial hearing is occurring before the City Commission, or to the Community Development Board staff secretary if the hearing will occur before the Community Development Board, no later than three (3) business days prior to the meeting to provide all applicants, staff, board members, attorneys and adversely affected parties to have the same information prior to the start of the meeting or quasi-judicial hearing. 12. Public comment and participation will be conducted with a 5-minute limit on all speakers. Members of the public who wish to participate using CMT will be requested to dial in to the announced phone bank number or connect to the zoom link for video and audio participation published on the specific agenda notice for that meeting. The participants will be placed on hold and queued for each agenda item public comment period or applicable public hearing. In the alternative, members of the public may provide written comment to the City Clerk or Community Development Board staff secretary prior to the hearing via U.S. Mail or email, no later than 6 hours before the meeting begins. The City staff present at the meeting or Board Chair will read any received written comments into the record. The City staff present at the meeting will receive and preserve all written comment consistent with Florida Public Records law but will only read into the record the equivalent of five minutes or 500 words. 13. An opportunity for persons to speak on each agenda item or case, virtually or in-person, will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence by adversely affected parties, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to be either cross-examined or sworn, your testimony will be given its due weight under Florida law. Applicants, City staff and adversely affected parties will be permitted to cross-examine witnesses and parties. However, the public may request the Board Chair or moderator to ask questions of parties or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. 14. Applicants and/or Applicants’ Agent/Legal Counsel may rebut public comments through the Chairperson. 15. All other rules of decorum apply to the extent they do not conflict or are not applicable. The meeting moderator will monitor adherence to the Commission Rules of Procedure, these CMT Procedures or Robert’s Rules of Order and may mute any persons determined to be in violation. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance.