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.