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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.