131 Oceanwalk Drive South ZVAR22-0006 PACKETAdditional Applicants: Theo Mitchelson, William Flanagan
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).
The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800
Seminole Road.
PROJECT Property Location Map
Item No: ZVAR22-0006
Address: 131 Oceanwalk Drive South
(RE# 169463-0004)
Applicant: Oceanwalk HOA
PUBLIC HEARING(S)
Body: Community Development Board
Date May 17, 2022
Time: 6:00 PM
Request: Request for a variance to exceed the maximum fence height allowed at 131 Oceanwalk
Drive South.
Summary: The applicant is requesting relief from Section 24-157 to allow a 7.5 foot and 8-foot fence
around a community swimming pool.
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 advi sed 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 Notic es
https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and
Community Development at aaskew@coab.us or 904-247-5841.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. 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.
Request for a variance to exceed the
maximum fence height allowed at 131
Oceanwalk Drive South
ZVAR22-0006
131 Oceanwalk Dr. S.
Site Context and Details
Located on the corner of Oceanwalk Drive South and Seminole Road
Location of the Oceanwalk community pool and clubhouse
Zoned Residential, Single Family (RS-1)
Oceanwalk Dr. S.Seminole Rd.
Proposed Plan & Need for Variance
The applicant is proposing to install an 8 foot fence on the south
and east sides of the pool.
There is an existing fence in these locations. The applicant stated
the HOA has added height up to 7.5 feet, which the city has no
record of approving.
City Code limits fence heights to 6 feet within side and rear yards.
Considerations
8 foot fences are allowed between residential and commercial
properties but not between two residential properties
No height limit to landscaping in side yards
Grounds for Decision
APPROVAL-existence of
one or more of the following
(Section 24-65 (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.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR22-0006
Request for a variance to exceed the maximum fence height allowed at 131
Oceanwalk Drive South
LOCATION 131 Oceanwalk Drive South (RE# 169463-0004)
APPLICANT Oceanwalk HOA
DATE May 27, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant for the variance request is Theo
Mitchelson (Oceanwalk homeowner’s association
vice-president), William Flanagan (HOA Pool
Chair), and Michele Richey-Martin (Signature
Realty) on behalf of the Oceanwalk HOA. The
subject property is located on the northwest corner
of Seminole Road and Oceanwalk Drive South in
the Residential, Single-Family (RS-1) zoning
district. The property includes a community club
house, community pool and large detention pond.
The club house and community pool are located
approximately 300 feet from the Seminole Rd.
Oceanwalk Dr. S intersection.
The property has an existing 7.5 foot fence around
the pool with the exception of a four (4) foot high fence along the detention pond. The application is
seeking a variance to the fence height to allow an eight (8) foot fence around the pool (with the exception
of the area around the detention pond. Per Section 24-157 (b) (1) fences are limited to six (6) in the rear
Page 2 of 3
and side yards. The applicant stated the Oceanwalk has added height up to 7.5 feet on portions of the pool
fence, which the city has no record of permitting. The applicant is seeking a variance to increase the fence
height on the south and east sides of the pool to 8 feet. The proposed 8-foot fence will border the portions
adjacent to grassy areas while the fence abutting the detention pond will remain at 4 feet in height.
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.
The applicant wrote, “conditions contribute to allowing people to illegally access a private
community pool after hours. Young adults and teenagers hide in surrounding terrain prior to entering
the pool area and are able to evade apprehension on their departure via same route”.
Page 3 of 3
(2) Surrounding conditions or circumstances impacting the property disparately from nearby
properties.
The applicant wrote, “unauthorized and hard to get to access points hidden by natural landscape
allow for breach. Pool and surrounding area at night is an attractive venue for large groups of youths
to congregate first and then unlawfully enter the fenced pool area”.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area.
The applicant wrote, “Oceanwalk pool property continually subject to unlawful entry at night. Safety
issues are paramount; night swimming in a non-lighted pool, large masses overwhelm COAB Police,
illegal behavior, reckless diving from awning, property damage > 8K during past 2 years”.
(4) Onerous effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property.
The applicant wrote, “current code limits fences to 6.0 feet. During past 36 years Oceanwalk HOA
has added upper fence sections up to 7.5 feet on portions of pool fence. Oceanwalk pool and
bulkhead is scheduled for remodel late 2022 and 2023”.
(5) Irregular shape of the property warranting special consideration.
The applicant wrote, “areas not marked at 4.0 feet on the photo would be better served by 8.0 foot
fence to help deter others for their own safety. Please see attached Data Sheet form – Mr. Theo
Mitchelson, VP Oceanwalk HOA”.
(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 ZVAR22-0006, 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 ZVAR22-0006, request for a
variance to Section 24-157 (b) (1), finding this request is not consistent with the definition of a variance.