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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.