1985 Mayport Road ZVAR22-0017 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: ZVAR22-0017
Address: 1985 Mayport Road
(RE# 172194 0000)
Applicant: Florida Turf Company, Inc.
PUBLIC HEARING(S)
Body: Community Development Board
Date October 18, 2022
Time: 6:00 PM
Request: Request for a variance to exceed the required 10-foot buffer strip for a dumpster and
screening fence located between a commercial property and residential property at 1985
Mayport Road.
Summary: The applicant is requesting relief from Section 24-176(i)(1)(d) to allow an existing dumpster
and proposed fence to be closer than 10 feet to a common lot line adjoining a residential
property. Both the dumpster and screening fence must be 10 feet from the common lot 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 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. 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.
Dutton Island Rd. E
Request for a variance to exceed the required
10-foot buffer strip for a dumpster and
screening fence located between a commercial
property and residential property at 1985
Mayport Road.
ZVAR22-0017
1985 Mayport Road
Site Context and Details
Commercial
property
located on
the corner of
Mayport Rd.
and Dutton
Island Rd. E.
Zoned
Commercial,
General (CG)
Mayport Road
Background
January 4, 2022: a letter from
code enforcement was sent for
violation of Section 24-160
which requires a fence be
installed to screen dumpsters
from adjacent properties or
streets.
June 13, 2022: a notice of
hearing to appear at the Special
Magistrate meeting on July 7th
was sent.
June 28, 2022: a fence permit
was submitted
Zoning History
1985 Mayport was built in 1960 as a residential home.
Surrounding properties developed as residential in the 1960’s
Early 1980’s rezoned to Commercial
1985 Mayport to Commercial use at same time
Need for Variance
Fence permit was denied because it exceeded the maximum height of 4
feet and the fence and dumpster are located within 10 feet of a residential
property.
Section 24-176(i)(1)(d) “where incompatible or different use classifications
are adjacent, without an intervening street, a buffer strip shall be required
between such uses. Such buffer strip shall be at least ten (10) feet in width
the entire length of all such common lot lines”.
The applicant is requesting a variance to allow a dumpster and screening
fence within the required 10-foot buffer.
Dumpster and
unpermitted
fence location
10-foot buffer
Existing fence line
•Dumpster is 45” from
the existing fence line
•Unpermitted
“screening” structure
is 12” from the
existing fence line
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. ZVAR22-0017
Request for a variance to exceed the required 10-foot buffer strip for a dumpster
and screening fence located between a commercial property and residential
property at 1985 Mayport Road.
LOCATION 1985 Mayport Road (RE# 172194-0000)
APPLICANT Florida Turf Company, Inc
DATE September 29, 2022
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Florida Turf Company, Inc, is the
existing business at 1985 Mayport Road. This
property is located on the southeast corner of
Mayport Road and Dutton Island Road East in the
Commercial, General, (CG) zoning district.
On January 4, 2022, the property owner was sent
a letter from Code Enforcement for violation of
Section 24-160 which states “Within commercial,
industrial and multi-family zoning districts,
dumpsters, trash receptacles, above-ground tanks
and similar structures and containers shall be
screened from view by fencing or landscaping, or
shall be located so that these are not visible from
adjacent properties or streets.”
On June 13, 2022, the property owner was sent a notice of hearing to appear at the Special Magistrate
meeting on July 7th, 2022 as a result of not complying with requests to obtain a permit and properly
screen the dumpster. Subsequently, the property owner applied for a fence permit June 28, 2022,
however, the application was denied on July 11, 2022 for the following reasons:
1. The proposed 6 ft. tall fence was located within the required front yard of the property. The
maximum fence height within the first 20 feet of the property is 4 feet.
2. Per Section 24-176(i)(1)(d), “where incompatible or different use classifications are adjacent,
without an intervening street, a buffer strip shall be required between such uses. Such buffer strip shall be
at least ten (10) feet in width the entire length of all such common lot lines”. The adjacent use is residential,
thus requiring a 10-foot buffer strip which the existing dumpster location does not meet.
The neighboring property is located in the CG zoning district but has functioned as a residential property
since the property was developed in the 1970’s.
Dutton Island Rd. E
Page 2 of 4
The applicant has indicated they will
comply with the fence height but is
requesting a variance from the 10-foot
buffer strip. Per the application, the
dumpster is located 45” from the
existing fence line. An unpermitted
structure intended to screen the
dumpster from view was installed 12
inches from the existing fence line.
Both the dumpster and screening
fence must be at least 10 feet from the
common lot line.
At the July 7, 2022 Special Magistrate
hearing, the Special Magistrate
ordered a stay until the September 1,
2022 hearing and the respondent was
given 30 days to comply with the
ordinance after the approval of the
fence permit.
Distance from existing fence
Dumpster and
unpermitted
fence location
10-foot buffer
Existing fence line
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.
(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.
The applicant stated “property parking too small for business and multiple vehicles”.
Page 4 of 4
(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 ZVAR22-0017, request for
a variance to exceed the 10-foot buffer strip between incompatible uses, 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 ZVAR22-0017, request for a
variance to exceed the 10-foot buffer strip between incompatible uses, upon finding this request is not
consistent with the definition of a variance.