0 West 2nd Street ZVAR23-0023 PACKETPUBLIC 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: ZVAR23-0023
Address: 0 West 2nd Street
(RE #170834-0000)
Applicant: Harold J. Rooks
PUBLIC HEARING(S)
Body: Community Development Board
Date August 15, 2023
Time: 6:00 PM
Request: Request for a variance to exceed the maximum fence height at 0 West 2nd Street.
Summary: The applicant is requesting a variance from Section 24-157(b)(1) to allow a six (6) foot tall
fence within the front yard. The code limits fences in the front yard to a maximum of 4 feet.
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.
Request for a variance to exceed the maximum
fence height at 0 West 2nd Street.
ZVAR23-0023
0 West 2nd Street
Site Context and Details
Commercial property located
on the south side of West 2nd
Street.
Zoned Residential, Single-
Family (RS-2)
Background Information
On March 15, 2023, a stop
work order was posted for
construction of a fence and
installation of pavement
within the right-of-way
A building permit was
submitted March 21 for the
fence which was denied by
the zoning department.
The unpermitted fence is 6
feet tall and located just
within the front property
line.
Need for Variance
Section 24-157(b)(1) requires 6 foot tall fences to be at least 20 feet
from the front property line. Any fence within the first for feet of the
property shall not exceed 4 feet in height.
Location of
unpermitted fence
Approx. 20 feet from
front property line
Considerations
A 6 foot tall fence was located in the same spot as the new
unpermitted fence, however, Section 24-157 states “issuance of a
permit is required for any new or replacement fence or wall, and all
new or replacement fences and walls shall comply with the following
provisions. Nonconforming fences shall not be replaced with
nonconforming 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.D
CASE NO . ZVAR23-0023
Request for a variance to exceed the maximum fence height at 0 West 2 nd Street.
LOCATION 0 West 2 nd Street Street (RE# 170834-0000)
APPLICANT Harold J. Rooks
DATE August 8 , 2023
STAFF Abrielle Genest, Planner
STAFF COMMENTS
The applicant, Harold J. Rooks, is the owner of 0 West 2 nd Street.
This is a commercial property located on the southwest corner of
West 6 th Street and Stocks Street within the Residential, General,
Two-Family (RG) zoning district.
On March 15, 2023, a Stop Work Order was posted on the property
for construction of a fence and installation of pavement within the
right of way without a permit. A permit application for the fence
was submitted March 21, 2023 which was denied by the zoning
department on April 4th.
The unpermitted 6 foot tall fence is located on the front property line. Per Section 24-157(b)(1), “Within
required front yards, the maximum height of any fence shall be four (4) feet.” A 6 foot tall fence on this
property shall be located at least 20 feet from the front property line. The applicant is seeing a variance to
allow the unpermitted fence to be remain in the existing location.
Location of
unpermitted fence
Approx. 20 feet
from front property
Page 2 of 3
The applicant has stated that the fence was rebuilt in the same location and at the same height as the
previous fence. Section 24-157 states “Issuance of a permit is required for any new or replacement fence
or wall, and all new or replacement fences and walls shall comply with the following provisions.
Nonconforming fences shall not be replaced with nonconforming fences”, thus the new fence shall meet
the 20-foot setback in the front yard.
The application is also seeking for a rezoning and comprehensive plan amendment to bring the property
into compliance with the commercial use.
Page 3 of 3
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 he approval of a variance:
(1) Exceptional topographic conditions of or near the property.
The applicant identified this as a ground for approval. See the application for additional comments.
(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.
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR23-0023, request for a
variance to Section 24-82(c) 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 ZVAR23-0023, request for a
variance to Section 24-82(c), finding this request is not consistent with the definition of a variance.