Item 8AAGENDA ITEM # 8A
MAY 26, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public hearing to consider and exemption to allow chain-link fences to remain
on three residential lots within the commercial Zoning District located at 3 Forrestal Circle, North,
90 Forrestal Circle, South and 2 Forrestal Circle, North.
SUBMITTED BY: Sonya Doerr, AICP ,~,~
Community Development Director
DATE: May 18, 2009
BACKGROUND: Pursuant to City Commission direction at the last meeting, staff has prepared
the following suggested motion and conditions to exempt the three residential lots from the
Commercial Corridor chain-link prohibition.
Section 24-46 (d) of the Land Development Regulations permits the City Commission:
To authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of the Land
Development Regulations when it is demonstrated that compliance with such provision(s)
would be unreasonable, in conflict with the public interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of
good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter
shall be provided, which conforms to the general intent and spirit of these Land Development
Regulations. In considering any request fora Waiver from these Land Development
Regulations, the City Commission may require conditions as appropriate to ensure that the
intent of these Land Development Regulations is enforced....
Staff believes that this is the appropriate procedure to exempt these there lots from the requirement
to remove the fences or replace with an allowed type of fence at the current time. 'The City
Commission has expressed a sense that this requirement is "unreasonable "for these residential lots.
It was not the intent of this specific fence provision to include properties in residential use, and staff
suggests that there is an alternative which conforms to the general intent and spirit of these Land
Development Regulations.
Installation of some type of landscaping that would conceal the fences along the Mayport Road side
of each lot would provide an acceptable alternative, and the tree ordinance administrator can assist
the property owners in choosing appropriate planting materials which are most likely to grow
quickly and conceal the fences. These are corner lots, and any landscaping would have to be
maintained at a height that does not interfere with clear vehicular sight distance as with any corner
lot in the City.
BUDGET: No budget issues.
RECOMMENDATION: Since Section 24-46 requires each lot to be addressed on a case-by-case
basis, the following suggested motion should reference each property by address, and an Order of
the City Commission will be prepared for each property.
• 3 Forrestal Circle, North
• 90 Forrestal Circle, South
• 2 Forrestal Circle, North
May 26, 2009 regular meeting
AGENDA ITEM # 8A
MAY 26, 2009
Suggested Motion: The City Commission may consider a motion to grant a waiver from Section
24-171 (f) of the Land Development Regulations upon finding:
(1) Removal and/or replacement of the existing chain link fence at this time is unreasonable;
and
(2) It is not the intent of the Commercial Corridor Development Standards to apply to
properties in residential use, and the subject property is within a residential subdivision
and has been in residential use since development; and
(3) Installation of landscaping to conceal the fence provides an alternative which meets the
general intent and spirit of the Commercial Corridor Development Standards in the case
of these residential lots.
Subject to the following or similar conditions:
• This waiver shall be granted to the current property owner and shall not be transferable to
any future property owner.
• This waiver shall not exempt the property owner from any other provision of the Land
Development Regulations, as may be amended, regulating the condition of fences which are
in a state of disrepair, dilapidated, in poor condition, or a safety hazard to clear vehicular
sight distance.
• A plan for landscaping that will substantially conceal the chain link fence along the property
line that adjoins the Mayport Road right-of--way shall be approved by the tree ordinance
administrator in coordination with the Director of Public works to verify clear vehicular sight
distance and shall be installed within sixty (60) days. Such landscaping shall be maintained
in a healthy condition for as long as the chain link fence exists.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
May 26, 2009 regular meeting
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