Item 8C
AGENDA ITEM #SC
MARCH 13, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request from Charles and Dianne Drysdale for a Waiver from Section
24-151 (b) ii of the Land Development Regulations (Accessory Uses and Structures
~"' regulations) to allow play equipment in the front yard within a residential Zoning District for
property located at 2051 Seminole Road.
~"" SUBMITTED BY: Sonya Doerr, AICP ~~
Community Development Director
DATE: March 6, 2006
BACKGROUND: Section 24-151 (below) prohibits playground equipment from being
permanently placed within the required front yard setback (the front 20-feet) on residential lots.
Sec. 24-151. Accessory Uses and Structures.
(b) Accessory Uses and Structures by Zoning District. Accessory Uses and Structures shall be
permitted only within Zoning Districts as set forth within this Division.
(1) Within all residential Zoning Districts:
i. Children's playhouse and/or juvenile play equipment, provided such shall not be
permanently located within Required Front Yards.
In the case of this property, there does not appear to be sufficient room within the rear or side
yards where such play structures may be safely or reasonably placed without significant
~"' disruption of existing vegetation. This property is also set back far enough from the edge-of-
pavement of Seminole Road, such that the effect of placing playground equipment within the
front 20-feet of the lot would not be obtrusive or noticeably different as seen from road from
~'"' where it could be of placed if it were behind the 20-foot front yard setback.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve a Waiver from Section 24-151 (b) ii of the Land
~'" Development Regulations to allow play equipment in the required front yard within a
residential Zoning District for property located at 2051 Seminole Road, finding that the
requested Waiver is consistent with Section 24-46(d), and the request also conforms to the
'" intent and spirit of the Land Development Regulations.
ATTACHMENTS: Application package for Waiver from Land Development Regulations.
REVIEWED BY CITY MANAGER:
~~r
~""' March 13, 2006 regular meeting
+~ ArcIMS Viewer AGENDA ITEM #8C
MARCH 13, 2006
http://maps2.coj .net/WEBSITE/DuvalMapsPalMapFrame.htm
3/6/2006
,~. ArcIMS Viewer
AGENDA ITEM #8C
MARCH 13, 2006
http://maps2.coj.net/WEBSITE/DuvalMapsPalMapFrame.htm 3/6/2006
`"~ ~ ~ AGENDA ITEM #8C
MARCH 13, 2006
~.. Charles and Dianne Drysdale
2051 Seminole Road
Atlantic Beach, FL 32233
«~ (904) 241-9200
February 6, 2006
City of Atlantic Beach
Code Enforcement Division
"'"' 800 Seminole Road
Atlantic Beach, FL 32233
RE: Courtesy Notice of Violation for property 2051 Seminole Road
To whom it may concern:
We are writing this letter in response to a Courtesy Notice of Violation for our property received
„~ on February 2, 2006. According to this notice, we are in violation of Ordinance 24-1: playground
equipment in front yazd. We were unaware of this city zoning ordinance simply because we have
witnessed recent construction of playground equipment and swimming pools in neighboring front
~„ yards. Halfway through construction of our playground equipment, we were instructed by an
Atlantic Beach code enforcement officer to contact Don Ford (who was temporarily in charge of
code enforcement) about this matter. My husband spoke directly with Don Ford (in mid
~,. December 2005) who informed us there was no need to apply for a variance since there were no
complaints. We resumed construction only to be presented with this violation notification this
week.
Therefore, in order to avoid further problems or miscommunication, we aze formally requesting a
waiver for the above noted zoning ordinance. This playground equipment is essential to the
~'" development of our middle child who has special needs including neurological and sensory
integration dysfunction. It is highly recommended by his Occupational and Physical Therapists
as an important daily therapeutic tool. We NEED to build this equipment in our front yard
""" due to the fact that our backyard is only ~15 feet deep (and therefore not deep enough to
safely have a swing set). We are unable to utilize the sides of our yazd for playground equipment
because of the oak tree canopies and secondary dunes. It is environmentally important that we
~. protect these topographic conditions of the property. Constructing playground equipment in our
front yard is NOT a safety issue for our children or the public. The front of our property is
landscaped with thick bushes and plants that act as a living fence to keep our children safe and
contained from the street. The swing set is set back greater than 20 feet from this living fence for
added safety.
Thank you very much for your time and assistance in our matter of receiving a waiver for the
above noted city ordinance. Please contact me if you have any further questions.
Sincerely,
~.
r~.sz..~~~'E' ~~
Dianne Drysdale
~.
~'"' AGENDA ITEM #8C '
MARCH 13, 2006
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MARCH 13, 2006
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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 for a 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. A Waiver shall not modify any requirement or
term customarily considered as a Variance or any requirement or term prohibited as a Variance, and
shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
APPLICATION FOR WAIVER FROM A PROVISION
OF THE LAND DEVELOPMENT REGULATIONS
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247-5826 FAX (904) 247-5845 http://www.coab.us
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Date (~, ?.~SOIQ File No. Receipt
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Section 24-46 (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis,
from a specific provision(s) of these Land Development Regulations when it is demonstrated that
1. Applicant's Name
2. Applicant's Addres
3. Property Location
4. Property Appraiser's Real Estate Number ~ (p~ ~ ~ 3 -Q~a
5. Current Zoning Classification il~,~(,(Q, l 6. Comprehensive Plan Future Land Use designation
7. Requested provision(s) from which waiver is sought: S-Q.C~'i (JYl 2.~}- )~j j ~ ~.10~ 1 1 % ~~h~.1,~tiS
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8. Size of Parcel ,ti R S X a0 9. Utility Provider ~G~ ~ ~~.~a•~
10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please use second page is additional space is needed.
AGENDA ITEM #8C
MARCH 13, 2006
11. Provide all of the following information:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typednname(s): ~(~1,~ ('N~n ~ p~IQ,~-~0 A JY,(~~ ~ „~
Signature(s): (~ti.~.~,~,~,-~~ t~ ~,~,~~.~1~r ~{~ (J
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Mailing Address:
Phone: ~Z~ ~'~'17i(~ Fax:
mail: ~ t ~.r(..~5~~(~ G~~^r~~;
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AGENDA ITEM #8C
MARCH 13, 2006
Waiver Request for 2051 Seminole Road Property
Addendum to Application of Waiver
10. Statement of facts and special reasons for the requested Waiver.
1. This playground equipment/ swing set is essential to the development of our middle
child who has special needs including neurological and sensory integration dysfunction. It
is highly recommended by his Occupational and Physical Therapists as an important daily
therapeutic tool.
2. We NEED to build this equipment in our front yard due to the fact that our backyard is
only ~15 deep (and therefore not deep enough for a safe swing radius).
3. We are unable to utilize the sides of our yard for playground equipment because of the
oak tree canopies and secondary dunes. It is environmentally important that we protect
these topographic conditions of the property.
4. Playground equipment in our front yard is safe for our children and the public. The
front of our yard is landscaped with thick bushes and plants that act as a living fence to
~`" keep our children safe and contained from the street. The swing set is set back greater
than 20 feet from this living fence for added safety.