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Exh 8FAGENDA ITEM #8F APRIL 28, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to construct fence within public right-of--way SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: April 15, 2003 BACKGROUND: The residents of 1643. Beach Avenue, Mr. and Mrs. Paul Anderson, have requested permission to construct afour-foot high fence along the front of their lot, which would encroach into the right-of--way of Beach Avenue approximately two feet. (Please note that the property owner has submitted this request on an application form for a Zoning Variance. Staff has advised the property owners that construction within the right-of--way is not a request that can be granted as a Zoning Variance. The Zoning Variance application fee has been refunded.) Mr. Anderson has provided that landscaping by an adjacent property owner, which extends into the right-of--way, causes vehicular traffic to encroach into his yard and damage his driveway. Mr. Anderson has also stated that his driveway is frequently used as drop-off location for beach-goers. RECOMMENDATION: Staff has concerns about any construction of structures, fences or substantial landscaping within public right-of--ways and easements, particularly considering recent efforts to clear intersections and right-of--ways of obstructions. ATTACHMENTS: Applicant's supporting documents. REVIEWED BY CITY MAN 04-28-03 regulaz meeting G~ RIL 28, 2003 G~ ~ ~ 1~ .APPLICATION FOR ZONING VA CE City of Atlantic Beach 800 Seminote Road • Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5800 • FAX (904) 247-5805 http://www/ci.atlantic-beach.fl_us ~' -- / ~ ~ Fite No. Date ~~" -v---/ ~ / ~ j ` i. Applicant's Name ~~ v Y~ ~ ~ 1 r ~~~ r~ ~ ~ ~ ~( 2. Applicant's Address ~!p '7 ~ ~~21~?-G~, .> ~i1~ 3, Property Location S ~~~ 4, Property Appraiser's Real Estate Number ~l9 5, Current Zoning Classification 6. Comprehensive Pian Future Land Use designation 7, Provision from which Variance is requested request to place fence /gate across driveway~_ 1643 Beach Ave on cit ro rt as shown att.. dr 9. Size of Parcel ~.~f /r o'"~-4 d ~ 10. Utility Provider .~ ~~ ~:7~ 8. Statement of facts related to requested Variance, which demonstrates compliance with Section 24-64, Zoning and Subdivision and Land Development Regulations (attached to this application). Attach as Exhibit A. Statement must cleariy describe and depict the Variance that is requested, 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 for which Variance is sought. (Attach as Exhibit B,) c. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches are submitted. Please provide eight (8) copies of any such original documents. d. Application Fee (5150.00) 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 typed name(s): Paul A. Anderson A A Signature(s): ADDRESS .AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPO'~TDENCE REGARDIlVG THIS APPLICATION Name: Paul A. Anderson _ Mailing Address• 1643 Beach Ave. , Atlantic Beach, FL 32233 Phone• 4/246-8627 FAX: 904/641-2145 E-mail: rander0517@earthlink,net AGENDA ITEM #8F APRIL 28, 2003 Paul A. Anderson 1643 Beach Ave., Atlantic Beach, FL 32233 904/246-8627 Daytime: 904/641-2140 Fax 641-2145 Attachment to Application for Zoning Variance Justification 1. Public use of driveway to load and unload beach gear (easement for use as a walkway/passageway for the general public is adjacent to property). If we have to place fence/gate on property line it would not justify cost because people would still park on our driveway. 2. Dewees Ave is currently only 18'wide because property owner has taken about 20' of city right of way for his use thus requiring vehicles to use our driveway to make turn onto Beach Ave., especially big trucks. If we place fence/gate on property line vehicles would still use our drive to make turn on to Beach Ave. We have sustained cracked and damaged pavement already because of heavy trucks on driveway. 3. Security --- With fence/gate will provide better security to our home. Discussions There are numerous locations on Beach Ave. where home owners have built walls, installed shrubbery and other devices to block parking near their property. In this case we only want to block -out use of our driveway. AGENDA ITEM #8F APRIL 28, 2003 ~-LL ~LUt~. B~~~I~ Pt~•~tDER ~t~~TEi~ i' ~' ° U" CH1-NNEL RAILS 2X2 POST CQ8.8TAZ FgNC3Z CO . OF O PAttP~, I1QC . 1621 87+A~TDI2iC BLVD. I[3`DDL~G, FL 32068 904 382--0100 3"/;+ ALDM. 4' RIGS r~x~m~c: ~ m-a-v9s sore. r~ 8~s~ 4 • HIGH ARVl9®~ ,~D 03-0l-1l95 l~.se a71St0 1 Cf I yi g" ~~i ~° ri~r~e i ~ C j3~v ~~ ~~ ~~ .,h `~ 1 ~~ f~f ' I~ ~~ ! ! l Il AGENDA ITEM #8F (APRIL 28, 2003 _~ 1 ~ ~ , C ~. ~ ~ ~~ ~ cs,; ^ ,~ ; , r AGENDA ITEM #8F APRIL 28, 2003 Paul & Rosina Anderson, 1643 Beach Ave. Atlantic Beach, FL 32233 Home 246-8627 Office 641-2140 Photo disc # 1 at 1643 Beach Ave. looking to north end of driveway # 2 ' " north end if gate/fence #3 " south end of driveway #4 " north end #5 . driveway entrance to building #6 1650 Beach Ave. About 20' of RT of way taken #7 ~ same #8 " wall construction to pave road #9 " gate/fence to roadway. Also type gate/fence we,will install. #10 on Beach Av same f}~1 r x 1 K K K # 12 K u u 1. Gates/fence will be 4' high--powder coated Alum. Stock-Bronze 2. Gate/fence as shown on drawing 24" of the paved roadway at south end, and 6" off at north end. 3. Gatelfence is on city right of way 5'to 6'. Request variance. 4. Reason for gate/fence: a. Dewees Ave narrows (18') requires trucks/cars to use driveway to make turn onto Beach Ave. b. Property adjacent to Beach Walkway. People use driveway to load & unload beach gear. c. Cars park on driveway blocking garages. d. Skate board activity --- e. Security AGENDA ITEM #8F APRIL 28, 2003 ---- -- _ A •PA}cT OF I;C7tS 9 At~D 10 , NORTH ATLANTIC SEPICH UNIT 1Q0 • 1, P.--C-B-S CORt~RAi ION , AS RECOF~ED LV PLAT BOOK 15 PAGE 10 OF 'THEE CITRREN'I` PU~L,IC RECORDS OF .^~ 1~ v Ai, 'COUNTY , FLOR1 DA , TCGE 1HER >,v2TH A PORTION OF DE~,S P,VENUE CZCLED BY DF~D BGOK 1319 PAS. -. 427 OF SAID PUBLIC RECORDS . S~ AT~iED LEGAL DE,SCRF'TI~i . 0~~~~ fO~Na i.1f NA ~ +t a o~ 1 >I S v~;!~t•i~ 57•ZS' E ; 3~ -. sx . 68: ~ F ~ •~ 050 ~~ D fin . worm wA~x ~_ ~~~ ~~ ~u~, -ir ~h aN Prr~ . ` ` e.ae~• EROSION CONTROL LINE i Q ° m w~ ! ~~ ~ ~ ~ : ~ ~ C.C.C. L. MON.,Nio.R-47. 3. N O O~ ' ~ J N (RIOT LOCATED THIS 31JRVEYI ~ ~~ ~ v~ E-s~~~ ~ ~ , 3 ~ fl ° o • ~ S. 8~4 t2 ~ .. .• Ca S -060` ~~"C~FR..• o • Y ~ ~ ~ ~ 54 65.39 L I NF ~ p °~ in C.C. C. L.IVION., No. R- FL000 ZONE ~• vE" FLOOD ZONE •'X" T J . J ~ u v. ~. ~} 'C f F ., c ~ m ~ ~ ~~ o_ Z , a ~~ t• ~ _~ . ~ p m W ~ m - a rri ~ ` ~ ~ W Q . ` ~ O ~ ~, Y • ~: ~ I ~. ~ ~ Q1 e~T O J ti Z ~ ~ ~PIRON RR'' ~~ +Y. sroov - . -- -1 \' 1 L 1` Fl2AME RES 1: NCE Na tsq,3 PrtD ~6• CaNCrrera STOOP ~~W ~ i :~ C ~ ~ Q~. .v Z ~' • • F ~ ~ :• ~ :~ i = .0.,: ~3~' ~~ 1V.55 •..~ 8E'q~~ AVF~~ O'R/yy(RAVEDJ >- ~ 4.4~ ~~ ~ a ... -i I+- NOTES v ~ I) BEARINGS BASED ON COASTAL v N CONSTRUCTION CONTROL LINE MOIV. 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