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190 Club Drive ZVAR22-0008 PACKET 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: ZVAR22-0008 Address: 190 Club Drive (RE# 170316-0000) Applicant: John and Dannetta Mahler PUBLIC HEARING(S) Body: Community Development Board Date June 21, 2022 Time: 6:00 PM Request: Request for a variance to rebuild an existing 6-foot-tall fence within 10 feet of the side yard property line on a corner lot at 190 Club Drive. Summary: The applicant is requesting relief from Section 24-157 to exceed the maximum fence height allowed for corner lots on rights-of-way that are fifty (50) feet in width or less. A 6-foot-tall fence must be 10 feet from the corner side yard property line. 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 rebuild an existing 6-fool-tall fence within 10 feet of the side yard property line on a corner lot at 190 Club Drive. ZVAR22-0008 190 Club Drive Site Context and Details Located on the corner of Club Drive and Ocean Blvd. Zoned Residential, Single Family (RS-2) Proposed Plan & Need for Variance The property has an existing 6 foot tall fence located on the west, south, and east property lines. City records show the fence in this location as far back at 1993. The applicant is proposing to rebuild the fence in the same location around the in-ground swimming pool. Need for Variance Section 24-157(c)(1) states “for corner lots located on rights-of-way that are fifty (50) feet of less in width, no fence, wall or landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street”. The designated side yard of this property is Ocean Boulevard, which has a forty (40) foot right of way width. History In 1982, the code stated fences exceeding three (3) feet in height shall be 25 feet from the point where the right of way of any road intersects the right of way of another road. This was updated in 2001 to read “on corner lots, no fence, wall or landscaping, exceeding four (4) feet in height, shall be allowed within fifteen (15) feet of any lot line which abuts a street. (A minimum twenty-five (25) foot sight triangle shall be maintained)”. In 2009, the code was updated to reflect the current code regulations for fences. 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.B CASE NO. ZVAR22-0008 Request for a variance to rebuild an existing 6-foot-tall fence within 10 feet of the side yard property line on a corner lot at 190 Club Drive. LOCATION 190 Club Drive (RE#170316-0000) APPLICANT John and Dannetta Mahler DATE June 3, 2022 STAFF Abrielle Genest, Planner STAFF COMMENTS The applicants, John and Dannetta Mahler, are the owners of 190 Club Drive. This property is located on the southeast corner of Ocean Boulevard and Club Drive in the residential, single-family (RS-2) zoning district. The property has and existing six (6) foot tall fence located on the west, south, and east property lines around an in-ground pool. City records show the fence in this location as far back as 1993. Section 24- 157(c)(1) states “for corner lots located on rights-of- way that are fifty (50) feet of less in width, no fence, wall or landscaping exceeding four (4) feet in height, shall be allowed within ten (10) feet of any lot line which abuts a street”. The designated side yard of this property is Ocean Boulevard, which has a forty (40) foot right of way width. The applicant is proposing to build a 6-foot tall fence along the west and south property line abutting the street. Per Section 24-157(c)(1), a 6-foot tall fence must be 10 feet from the side property line. In 1982, the code stated fences exceeding three (3) feet in height shall be 25 feet from the point where the right of way of any road intersects the right of way of another road. This was updated in 2001 to read “on corner lots, no fence, wall or landscaping, exceeding four (4) feet in height, shall be allowed within fifteen (15) feet of Page 2 of 4 any lot line which abuts a street. (A minimum twenty-five (25) foot sight triangle shall be maintained)”. In 2009, the code was updated to reflect the current code regulations for fences. Page 3 of 4 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 said a 6 foot tall fence 10 feet from the property line would be on the pool deck in interfere with the location of the pool equipment. More details are provided in the application. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant said, “the proposed 6’ fence is essential not only for our privacy but for the safety of the public as well”. More details are provided in the application. (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. The applicant stated, “we have lived at 190 Club Drive for 16 1/2 years and the fence was there when we moved in. The fence needs to be replaced with the same kind of fence, height, etc.”. (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 ZVAR22-0008, request for a variance to Section 24-157(c)(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 propert y 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, Page 4 of 4 The Community Development Board may consider a motion to deny ZVAR22-0008, request for a variance to Section 24-157(c)(1), finding this request is not consistent with the definition of a variance.