08-13-18 Draft Agenda - Special Called Meeting of the City Commission
City of Atlantic Beach
Agenda
Special Called Meeting of the City Commission
Meeting
Monday, August 13, 2018 - 4:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page
1. CALL TO ORDER
2. HOUSER APPEAL OF KLEIN VARIANCE ZVAR-18-0009, APPROVED BY THE COMMUNITY
DEVELOPMENT BOARD ON MAY 15, 2018
A.
City Attorney Procedural Reminders
Item 2A - Process for Appeal
3 - 5
B.
Disclosure of Ex Parte Communications, if any
C.
Swearing In of All Persons Who Will Speak
D.
City Staff Overview, Documentation and Presentation/Testimony
Item 2D - CDBSR_ZVAR18-0009
Item 2D - ZVAR18-0009
Item 2D - 05-15-18 CDB Meeting Minutes
Item 2D - 1918 Oak Cir ZVAR Approval Order
Item 2D - 05-15-18 Certification of Board Actions to the City Manager
7 - 29
E.
Houser Documentation and Presentation/Testimony
Item 2E - Houser- Appeal
31 - 54
F.
Klein (Applicant) Documentation and Presentation/Testimony
Item 2F - ZVAR18-0009 1918 Oak Circle
55 - 62
G.
Closing Comments by Staff, Houser and Klein
H.
Commission Deliberation and Action
3. ADJOURN
Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the
Commission Meeting Video tab located on the home page of the City’s website at www.coab.us.
If any person decides to appeal any decision made by the City Commission with respect to any matter
considered at any meeting, such person may need a record of the proceedings, and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which record shall include the
testimony and evidence upon which the appeal is to be based.
Page 1 of 62
Special Called Meeting of the City Commission - 13 Aug 2018
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter
is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk’s Office by 5:00 PM, the Friday prior to the meeting.
Page 2 of 62
01017304-1
PROCESS AND PROCEDURE AT CITY COMMISSION FOR APPEAL
OF COMMUNITY DEVELOPMENT BOARD DECISION IN ZVAR-18-0009
Approval of Variance to Increase Height of Fence in Rear Yard From Four Feet to Six Feet
1918 Oak Circle
Pursuant to Sec. 24-49 of the Code of Ordinances (Chapter 24 is the City’s Land Development Regulations
(“LDR’s”)) and case law from the Wolfson v. City of Atlantic Beach litigation, the Commission’s review of the
appeal shall be limited to a consideration of only the record before the Community Development Board
(“CDB”) (no new evidence) to determine:
Whether the decision by the CDB to approve the requested variance was in conflict with or in
violation of the Land Development Regulations, specifically in this case, Section 24-64, Variances,
and Section 24-157(b), Fences.
Because no new evidence is allowed in accordance with the Wolfson case law, no public comment will be
permitted.
Documents for review prior to hearing:
Record Below - (previously provided, consisting of the full record considered by the CDB at the
hearing, including the application, the presentation by the Staff, testimony of the applicant and
interested parties and other documentation, and the minutes of the CDB meeting;
Appeal Notice submitted by the Appellant, Ms. Joanna Houser, dated (previously provided); and
Related Ordinances (consisting of Sec. 24-49 regarding appeals from decisions of the CDB, Sec. 24-64
regarding variances, Sec. 24-17, definition of Variance and Sec. 24-157(b), Fences) attached hereto.
Hearing: No new evidence is taken. Decision is limited to the record.
City Attorney – Procedural history/reminders.
Disclosure of Ex Parte Communications by Commission, if any.
Swearing In of any person(s) who will speak.
City Staff Overview, documentation/presentation – up to a total of 15 minutes. Some time may be
reserved for rebuttal/closing comments.
Appellant – Ms. Houser documentation/presentation – up to a total of 15 minutes. Some time may be
reserved for rebuttal/closing comments.
Karl and Dorothy Klein (Applicant) – documentation/presentation – up to a total of 15 minutes. Some
time may be reserved for rebuttal/closing comments.
After presentations and closing comments/rebuttal, ending with the Applicant, the Commission will deliberate and
take action.
The Commission may:
Affirm the decision of the CDB (i.e., deny the appeal and uphold the approval of the variance);
Reverse the decision of the CDB (i.e., grant the appeal and deny the variance); or
Modify the CDB decision (i.e., grant the variance with conditions).
If the Commission determines the decision by the CDB was not in conflict with nor in violation of the Land
Development Regulations, it should deny the appeal and either adopt an Order affirming the CDB’s decision or it
may modify the CDB’s decision by adding conditions to the variance approval. If the Commission determines the
decision was in conflict with or in violation of the LDR’s, the Commission should grant the appeal and deny the
variance and adopt an Order so providing.
Agenda Item #2.A.
13 Aug 2018
Page 3 of 62
01017304-1
Related Ordinances
Sec. 24-49 – Appeals.
Appeals of administrative decisions made by the community development director and
appeals of final decisions of the community development board may be made by
adversely affected person(s) in accordance with the following provisions. Appeals shall
be heard at public hearing within a reasonable period of time with proper public notice,
as well as due notice to the interested parties. At the hearing, any party may appear in
person, by agent or by attorney.
(b) Appeals of decisions of the community development board. Appeals of the decision
of the community development board may be made to the city commission by any
adversely affected person(s), any officer, board or department of the city affecte d
by any decision of the community development board made under the authority of
this chapter. Such appeal shall be filed in writing with the city clerk within thirty
(30) days after rendition of the final order, requirements, decision or determination
being appealed. The appellant shall present to the city commission a petition, duly
verified, setting forth that the decision being appealed is in conflict with or in
violation of this chapter, in whole or in part, specifying the grounds of the conflict
or violation. The petition shall be presented to the city commission within thirty
(30) days after the filing of the appeal with the city clerk.
Sec. 24-157 – Fences, walls and similar structures.
(b) Height and location.
(1) Within required front yards, the maximum height of any fence shall be four
(4) feet, except that open ornamental aluminum, iron or vinyl or wood fences,
similar to the below examples, with vertical rails no more than two (2) inches
in width and spacing of at least four (4) inches may be construed to a maximum
height of five (5) feet except in cases as described in following subsection ii.
Within required side or rear yards, the maximum height of any fence shall be
six (6) feet.
(2) The height of fences shall be measured from the established grade at the fence
location to the horizontal top rail of the fence. The use of dirt, sand, rocks,
timbers, or similar materials to elevate the height of the fence on a mound or
above the established grade is prohibited.
(3) The maximum height of retaining walls on any Lot is four (4) feet. A minimum
of forty (40) fee shall separate retaining walls designed to add cumulative
height or increase site elevation. Signed and sealed construction and
engineering plans for retaining walls over thirty-six (36) inches in height shall
be required.
(4) For nonoceanfront lots with uneven topography along a side lot line, the
minimum necessary rake of the fence, which is the ability for a fence to adjust
to a slope, shall be allowed for the purpose of maintaining a consistent
horizontal line along the side of the lot, provided that the height closest to the
front of the lot does not exceed six (6) feet.
Agenda Item #2.A.
13 Aug 2018
Page 4 of 62
01017304-1
Sec. 24-64 – Variances.
(c) Grounds for denial of a variance. No variance shall be granted if the community
development board, in its discretion, determines that the granting of the requested
variance shall have a materially adverse impact upon one (1) or more of the
following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime and other
threats to public safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally
sensitive areas, wildlife habitat, protected trees, or other significant
environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from
financial circumstances or for relief from situations created by the property owner.
(d) Grounds for approval of a variance. 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.
Sec. 24-17 – Definitions
Variance. 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 24-64 of this chapter, and such relief may be
subject to conditions as set forth by the City of Atlantic Beach.
Agenda Item #2.A.
13 Aug 2018
Page 5 of 62
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR18-0009
Request for a variance as permitted by Section 24-64, to increase the allowable
fence height in rear yards from 4 feet as required by Section III(D)(4) of the
Selva Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka
1918 Oak Circle).
LOCATION 1918 Oak Circle
APPLICANT Karl and Dorothy Klein
DATE May 9, 2018
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The applicants are Karl and Dorothy Klein, the owners of 1918 Oak Circle. The property is zoned PUD
in the Selva Marina neighborhood and has an existing single family home. The owners would like to
replace an existing six foot fence with a new six foot fence. The site plan in the application shows the
location fence along the rear property line. A variance is required for the new fence because it does not
meet the requirements of the PUD.
This property is part of the Selva Marina Unit 12-A PUD and plat. The plat generally includes the lots on
Oak Circle and those along 19th Street in near Oak Circle for a total of 14 properties. The PUD was
approved in 1978 by the Commission. A copy of the City Commission meeting minutes for the approval
are attached. The Covenants and Restrictions for the PUD, which are usually not enforced by a
municipality, were provided to the City as the PUD’s governing text. The Covenants do define the City’s
enforcement powers in the PUD. A copy is attached to the end of this report.
Section III(D)(4) of the Covenants states in part, “Fences or walls may be located outside of the dwelling
zone provided: (a) The shall not exceed four *4) feet in height.” The dwelling zone is defined by setbacks
of 20 feet in the front and rear and 10 feet in each side yard. As this fence is on the property (outside the
dwelling zone) a variance is needed to exceed 4 feet in height.
When reading the Covenants, there are several references to a Special Advisory Planning Board that is
required to grant approvals in the PUD. However this board no longer exists. The Covenants then defer
responsibilities to the City. Just as if a proposed project did not meet the City’s zoning code, it would have
to get a variance, when a proposed project doesn’t meet the requirements of the PUD, it must get a
variance.
Historically, it appears that the City has not always recognized and enforced these Covenants, which has
resulted in a hodgepodge of development in this PUD, and others with similar circumstances. This means
that the City’s normal zoning code was applied. If the City’s normal zoning code was applied to this fence,
it would be approved administratively as six foot fences are allowed in side and rear yards. Ultimately,
staff would like to explore corrective measures for these PUDs that would address the nonexistent boards
and to make zoning requirements consistent.
Agenda Item #2.D.
13 Aug 2018
Page 7 of 62
Page 2 of 4
Portions of the proposed fence do exceed 6 feet in height.
For example the fence is about 7 feet above the paver patio
as seen in the picture below. As seen in the picture on the
right, the patio is actually elevated several inches at its edge.
However, the fence does maintain a consistent horizontal line
and is at or below 6 feet in height on each end. The picture to
the left shows the western end of the fence that is only about
5 feet tall. Section 24-157(b)(4) does allow fencing on lots with
uneven topography (except oceanfront lots) to maintain a
consistant horizontal line as long as the terminus is at or below
the required fence height. If this were applied to this case, the
fence would be permissable under standard City requriements.
It should also be noted that the properties abutting this one to
the north are in the RS-1 zoning district and therefore subject
to the standard City requirements where a 6 foot fence could
be built without a permit.
As a point of clarification, the fence has already been
constructed. Parts a previous fence matching the height and
location were damaged in Huricane Matthew. The owner
began what he thought was a repair, but was actually
considered new construction by the City. As a result the City
asked that the fence be permitted.
Agenda Item #2.D.
13 Aug 2018
Page 8 of 62
Page 3 of 4
ANALYSIS
Section 24-64(b)(1) provides 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 24-64 of this chapter, and such relief may
be subject to conditions as set forth by the City of Atlantic Beach.”
Section 24-64(d) provides six distinct grounds for the approval of a variance:
(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.
The applicant discusses in their application their history of permitting on the property where the City
has gone from not having any permit control to permitting some stuff to enforcing the covenants.
The applicant also point out that they were unaware that they even had covenants on their property.
Ultimately they want to be able to keep the fence they had for years before rebuilding it.
(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.
Agenda Item #2.D.
13 Aug 2018
Page 9 of 62
Page 4 of 4
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0009, request to
increase the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva
Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle), upon finding
this request is consistent with the definition of a variance, and in accordance with the provisions of Section
24-64, specifically the grounds for approval delineated in Section 24-64(d) 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 ZVAR18-0009, request to increase
the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina
Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle), or it is not consistent
with one or more of the grounds for denial of a variance, as delineated in Section 24 -64(c), described
below.
No variance shall be granted if the Community Development Board, in its discretion, determines
that the granting of the requested variance shall have a materially adverse impact upon one (1) or
more of the following:
(1) Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety, including traffic safety, risk of fire, flood, crime or other threats to public
safety.
(4) Established property values.
(5) The aesthetic environment of the community.
(6) The natural environment of the community, including environmentally sensitive areas,
wildlife habitat, protected trees, or other significant environmental resources.
(7) The general health, welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience, for relief from financial
circumstances or for relief from situation created by the property owner.
Agenda Item #2.D.
13 Aug 2018
Page 10 of 62
Request for a variance as permitted by
Section 24-64, to increase the allowable fence
height in rear yards from 4 feet as required by
Section III(D)(4) of the Selva Marina Unit 12-A
PUD to 6 feet at Selva Marina Unit 12-A Lot 10
(aka 1918 Oak Circle).
ZVAR18-0009
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Site Context and Detail
Planed Unit
Development (PUD)
Zoning.
Selva Marina 12-A
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Proposed Plan
Replace an existing
6 foot wood fence
with a new 6 foot
wood fence.
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Need for a Variance
Section III(D)(4) states, “Fences or walls may be located outside
of the dwelling zone provided: (a) the fence shall not exceed
four (4) feet in height.”
“Dwelling zone” is the buildable
area within the setbacks for the
principle structure defined by
setbacks.
Front and rear: 20 feet
Sides: 10 feet
REAR
FRONT
SI
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20
’
20
’
10’
10’
Dwelling Zone
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Analysis and Concerns
Selva Marina 12-A PUD
Approved in 1978.
Covenants and Restrictions
used as the governing text
for the PUD.
Covenants and Restrictions
were not always recognized
by the City as the governing
texts of the PUDs and
standard City zoning was
applied.
6 foot fencing is allowed in
side and rear yards under the
City’s normal zoning code.
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Analysis and Concerns
24-157(b)(4) allows a consistent horizontal
line to make up for uneven topography
provided the ends meet code.
West end is ~5’ tall, East end is ~6’ tall
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Grounds for Decision
APPROVAL-existence of
one or more of the following
DENIAL-adverse impact on
one or more of the following
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.
1.Light and air to adjacent properties.
2.Congestion of streets.
3.Public safety, including risk of fire, flood,
crime or other threats to public safety.
4.Established property values.
5.The aesthetic environment of the
community.
6.The natural environment of the
community, including Environmentally
Sensitive Areas, wildlife habitat,
protected trees or other significant
environmental resources.
7.The general health, welfare or beauty of
the community.
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Page 18 of 62
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Page 26 of 62
Order of the Community Development Board
APPLICANT: Karl and Dorothy Klein
1918 Oak Circle
Atlantic Beach, FL 32233
FILE NUMBER: ZVAR18-0009
DATE OF PUBLIC HEARING: May 15, 2018
ORDER APPROVING VARIANCE
The above referenced applicant requested a variance as permitted by Section 24-64, to increase the
allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina Unit
12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle).
On May 15, 2018, a public hearing was held and said request was considered by the City of Atlantic Beach
Community Development Board. Having considered the application, supporting documents and
comments by staff, the applicant, and members of the public, the Community Development Board
APPROVED, finding that the request is consistent with the provisions of Section 24-64(d) of the Land
Development Regulations establishing grounds for approval of a variance and specifically the onerous
effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
Appeals of a decision of the Community Development Board may be made to the City Commission by any
adversely affected person(s). Such appeal shall be filed in writing with the City Clerk within thirty (30) days
after rendition of this Order. The appellant shall present to the City Clerk a petition duly verified, setting
forth that the decision being appealed is in conflict with or in violation of Chapter 24, Zoning, Subdivision
and Land Development Regulations for the City of Atlantic Beach, in whole or in part, and specifying the
grounds of the conflict or violation. The petition shall be presented to the City Commission within thirty
(30) days after the filing of the appeal with the City Clerk.
The undersigned certifies that the above Order of the Community Development Board is a true and correct
rendition of the Order adopted by said Board as appears in the record of the Community Development
Board minutes.
DATED THIS 16th DAY OF MAY 2018.
_____________________________
Shane Corbin
Community Development Director
City of Atlantic Beach
Community Development Dept.
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
http://www.coab.us
Agenda Item #2.D.
13 Aug 2018
Page 27 of 62
Page 28 of 62
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Page 30 of 62
L0-1\'N,,,, REQUEST FOR APPEAL
City of Atlantic Beach
Community Development DepartmentPt” FOR INTERNAL OFFICE USE ONLY800SeminoleRoadAtlanticBeach, FL 32233
o;t>>%
v (
P)904-247-5800 FILE# Al i11 C C- C
SITE INFORMATION
ADDRESS 1918 Oak Circle Atlantic Beach,FL
SUBDIVISION Selva Marina BLOCK LOT 10
RE# 172020-1252 X RESIDENTIAL COMMERCIAL OTHER
APPLICANT INFORMATION
NAME Joanna Houser EMAIL jhser@msn.com
ADDRESS 1975 Brista demar Circle CITY Atlantic Beach STATE FL ZIP CODE 32233
PROPERTY LOCATION 1918 Oak Circle Atlantic Beach FL PHONE# 904-233-2141 CELL#
RE# 172020-1252 LOT/PARCEL SIZE 10 ZONING CODE PUD
WHAT ISSUE ARE YOU APPEALING? ZVAR18-0009 variance granted as to fence height on May 15,2018
PLEASE TELL US IN DETAIL WHY YOU ARE APPEALING:
The committee was provided incorrect information on which they based their decision.
please see attached
I HERE TIFY T- •T • 4 INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent
Joanna G.Houser f
SIGNATU O
APj
PICA PRINT OR TYPE NAME DATE/`--//?'/
SIGNATURE OF APPLICANT(2) PRINT OR TYPE NAME DATE
Signed and swornbefore me on this 13 day of J( tne ge 01 by State of U
JaU - ia_ ` oLt er- CountyofTA A\;q
Identification verified: Jei ).9flQ (( 9 1 .tJ 1JCIOathSworn: QX Yes
tips:"'s AMY VOLRATH
Commission#GG031218 Notary Signat re
t Expires September 18,2020 J 1 P O l0ABaOThtuTrOyFYnlluunnce80038610t9MyCommissionexpirestvp[v
23 REQUEST FOR APPEAL 04.05.2 tt
Agenda Item #2.E.
13 Aug 2018
Page 31 of 62
This is an appeal from the decision of the Community Development Board on May 15, 2018
to grant a variance,ZVAR18-0009, under the Code of Ordinances of the City of Atlantic Beach,
Florida (hereinafter referred to as the Code)§24-64(d)(4).
STATEMENT OF THE FACTS
Hurricane Matthew damaged the fence located at 1918 Oak Circle, Atlantic Beach in
October 2016. With the exception of some of the posts, the entire fence was replaced. The
fence extends between our property and the neighbors on the east. Of the fence that borders
our backyard, less than half of its length has a maximum height of six(6) feet or less in height. A
complaint was lodged with the city in October 2016. Debbie White, a code enforcement officer,
inspected the fence in 2016 and found it to be in violation of the Atlantic Beach Code and a
violation letter was sent to the property owner, a copy of which is attached hereto as "Exhibit
A". A hearing on the violation was set to be heard by the Code Enforcement Board on March
17, 2017 but this violation was tabled. Although numerous inquiries were made to various city
officers thereafter there was no action taken until Mayor Glasser was contacted requesting her
assistance. A copy of the letter is attached hereto as "Exhibit B". Over a year after finding the
fence to be in violation of the Code it has now been deemed to be within the Code.
According to Code§ 24-157 a permit is required for any new or replacement fence. All new
or replacement fences shall comply with the provisions listed in Code§24-157 (b). The
maximum height of any fence in the rear yards shall be six (6) feet. Code§24-157(b)(1). The
height of fences shall be measured from the established grade at the fence location to the
horizontal top rail of the fence. The use of dirt, sand, rocks, timber, or similar materials to
elevate the height of a fence on a mound or above the established grade is prohibited. Code
24-157-(b)(2).
City Planner, Derek Reeves informed the committee at his presentation at the meeting on
May 15, 2018 and in the prepared staff report, a copy of which is attached as "Exhibit C", that
the fence of this lot although not within the PUD restrictions was within the Code relying on
Code§24- 157 (b)(4). The committee was informed that the Code does allow fencing on lots with
uneven topography(except oceanfront lots) to maintain a consistent horizontal line as long as
the terminus is at or below the required fence height. If this were applied to this case, the fence
would be permissible under standard City requirements.
Agenda Item #2.E.
13 Aug 2018
Page 32 of 62
ARGUMENT
Mr. Reeves erred in that the Code does not make the exception for rear yards. Code§24-
157 (b)(4) states as follows: "For nonoceanfront lots with uneven topography along a side lot
line, the minimum necessary rake of the fence, which is the ability for a fence to adjust to a
slope, shall be allowed for the purpose of maintaining a consistent horizontal line along the side
of the lot, provided that the height closest to the front of the lot does not exceed six (6)feet.
Emphasis added. This part of the code does not apply to rear lot lines. A copy of the applicable
Code is attached hereto as "Exhibit D".
At the meeting, committee member Sylvia Simmons asked the following question':
If they had pulled a permit how would have they been required to build this fence if they
were going to meet Atlantic Beach code not the PUD?
Mr. Reeves answered:
So if they had applied for a permit and this was not a PUD just basically applying standard
zoning code we would have approved it.
Just before the committee's vote, Mr. Kirk Hansen made the following statement/question:2
Looking at the package that we were given, it says section 24-157(b)(4) does allow fencing
on lots with uneven topography to maintain a constant, a consistent horizontal line as long
as the terminus is at or below the required fence height and you're saying, we're saying, six
feet and it could vary up or down so long as it's a consistent height. So I don't know that
there's any question about this unless someone is saying its not six feet on either end. But
all the information we have is that it is, in fact, six feet on either end and it goes up and
down in between, the height does in order to maintain that consistent height across the
back."
Chair Lanier asked: "Is that the case?"
Mr. Reeves answered: "Yes"
The committee granted the variance relying on incorrect information. The Code does
not allow fences in the rear lots to maintain a horizontal line above the six (6) foot maximum
height. The fence is in violation in that its height is over six feet for over have of the distance it
spans next to the rear lot of our property. The pictures presented to the committee as well the
statements in Mr. Reeves report indicate the same.
1 Question asked at 2lminutes 18 seconds into the meeting as taken from the video.
2
At 24 minutes 11 seconds into the meeting as taken from the video.
Agenda Item #2.E.
13 Aug 2018
Page 33 of 62
Variances are not to be granted solely for personal comfort or convenience,for relief from
financial circumstances or for relief from situations created by the property owner. The
property owner created this situation by not applying for a permit and the height which exceeds
the six feet is for personal comfort. Code §24-64(c)(7).
The committee granted this variance under section 24-64(d)(4) onerous effect of regulation
enacted after platting or after development of the property or after construction of
improvements upon the property. The undersigned consented to a variance from the 4 foot
restriction of the PUD to the Code that governs the adjoining properties. The undersigned was
opposed to a variance of the 6 foot requirement of the Code. The Code is not onerous and a 6
foot fence (although this fence would have to be tiered) could easily be constructed on the rear
lot. Granting a variance from the PUD restriction to the Code will maintain the consistency and
beauty of the community.
CONCLUSION
I would ask that the committee's approval of the variance allowing the subject fence, which
height is almost ten (10) feet be reversed. I am not opposed to a variance be granted replacing
the PUD rest ' tion w' ',the Code§24- 157 (b)(1) and (2).
JcK-na G. .user
1975 Brist.Oemar Circle
Atlantic Beach, FL 32233
904-233-2141
Copies furnished to:
Mr.Joe Gerrity, City manager
Mr. Shane Corbin, Community Development Director
Agenda Item #2.E.
13 Aug 2018
Page 34 of 62
CITY OF ATLANTIC BEACHCm,ll 800 SEMINOLE ROAD
tom
t ATLANTIC BEACH,FL 32233
PHONE(904) 247-5855
5 T 1-'i
CERTIFIED MAIL RETURN RECEIPT REQUESTED
70060100000107874162
KARL M. KLEIN, JR. & DOROTHY B. KLEIN
1918 OAK CIR
ATLANTIC BEACH, FL 32233
Real Estate No. 172020-1252 CASE NO. 17-539
Location of Violation: 1918 OAK CIRCLE , ATLANTIC BEACH, FLORIDA
Dear Property Owner:
Please be advised, Atlantic Beach Code Enforcement has found your property referenced above
to be in violation of the City of Atlantic Beach, Code of Ordinances, to wit:
VIOLATIONS
Sec. 24-157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is
required for any new or replacement fences and walls shall comply with the following
provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term
fence and wall may be used interchangeably within this chapter, and shall mean as specifically
being within section 24-17. Fences must be constructed out of materials that are customarily
used for fences.(New wood fence installed in rear yard without a-permit as required, fence
exceeds the maximum height allowed)
Chapter 24 - Fences, walls and similar structures. Sec. 24-157 Fences, walls and similar
structures. (b) Height and location. (1) Within required front yards, the maximum height of any
fence shall be four(4) feet, except that open ornamental aluminum, iron or vinyl or wood fences,
with vertical rails no more than two(2) inches in width spacing of at least four(4) inches may be
constructed to a maximum height of five (5) feet except in cases as described in the following
subsection ii. Within required side or rem yards, the maximum height of any fence shall be six
6) feet.(Wooden fence clearly exceeds the maximum height limit allowed for a fence in the
rear yard)
This letter requests that the noted violations be corrected by removing all the new wood
fencing installed on your property within ten (10) days of the receipt of this notice.
To avoid having this case be referred to the Code Enforcement Board, all listed violations on this
notice must be in compliance on or before the date established by Atlantic Beach Code
Enforcement. The Board may impose fines up to two hundred fifty ($250.00) per day for
xeil e i T A
Agenda Item #2.E.
13 Aug 2018
Page 35 of 62
continuing violations. Upon completing the corrective action required, it is your responsibility to
contact Atlantic Beach Code Enforcement and arrange for an inspection to verify compliance.
It is our goal to keep our neighborhoods looking well maintained while protecting property
values and your cooperation in this matter is greatly appreciated. Please contact Atlantic Beach
Code Enforcement at 904 247-5855 if you have any questions or need additional information.
Sincerely,
Deborah White
CODE ENFORCEMENT OFFICER
4"f.
Page Number 2
Agenda Item #2.E.
13 Aug 2018
Page 36 of 62
Joanna G. Houser, Esq.
1975 Brista demar Circle
Atlantic Beach, FL 32233
904) 246-1755
jhser@msn.com
March 21, 2018
Ellen Glasser, Mayor
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, FL
and eglasserncoab.us
Dear Mayor Glasser,
This letter is being directed to you out of frustration. On October 31, 2016 an e-mail was sent to
Derrick Reeves, city planner,regarding concerns about a fence being built in violation of the city
code (Article III Sec. 24-157)which was built without obtaining a permit. Debbie White came
out immediately to inspect the fence and found it in violation. A violation letter was sent to Karl
Klein, 1918 Oak Circle and the issue was on the agenda for the March 14, 2017 code enforcement
meeting.
This issue was removed from the meeting on put on hold because Mr. Klein was working with Mr.
Reeves on obtaining a variance. In May, 2017 Mr. Reeves stated that there was a PUD/zoning
issue the city was addressing. It has been almost eighteen(18)months and there have been
numerous e-mails sent to Mr. Reeves, Mr. Hogencamp and the previous mayor to no avail. The
only response is that they are still working on a solution.
There has been no direct response to the questions: is the fence in violation of the city code and
will the code be enforced. It appears from the response from the city that the message is no permit
necessary, build what you want and as long as it is completed before the city is made aware no
action will be taken.
Thank you for your attention to this matter and I would certainly appreciate a response to the issue.
Sincerely,
Joanna G. Houser, Esq.
Cc: Debbie White at dwhite(Jcoab.us
Joe Gerrity at jgerrityncoab.us
Brenna Durden, Esq. at bdurden@llw-law.com
E wf [3, T
Agenda Item #2.E.
13 Aug 2018
Page 37 of 62
May 15, 2018 Community Development Board Agenda Packet Page 14 of 41
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARDJ
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR18-0009
Requestfor a variance as permitted by Section 24-64, to increase the allowable
fence height in rear yards from 4 feet as required by Section III(D)(4) of the
Selva Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka
1918 Oak Circle).
LOCATION 1918 Oak Circle
APPLICANT Karl and Dorothy Klein
DATE May 9,2018
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The applicants are Karl and Dorothy Klein, the owners of 1918 Oak Circle. The property is zoned PUD
in the Selva Marina neighborhood and has an existing single family home. The owners would like to
replace an existing six foot fence with a new six foot fence. The site plan in the application shows the
location fence along the rear property line. A variance is required for the new fence because it does not
meet the requirements of the PUD.
This property is part of the Selva Marina Unit 12-A PUD and plat. The plat generally includes the lots on
Oak Circle and those along 19th Street in near Oak Circle for a total of 14 properties. The PUD was
approved in 1978 by the Commission. A copy of the City Commission meeting minutes for the approval
are attached. The Covenants and Restrictions for the PUD, which are usually not enforced by a
municipality, were provided to the City as the PUD's governing text. The Covenants do define the City's
enforcement powers in the PUD. A copy is attached to the end of this report.
Section III(D)(4)of the Covenants states in part, "Fences or walls may be located outside of the dwelling
zone provided: (a) The shall not exceedfour *4)feet in height. "The dwelling zone is defined by setbacks
of 20 feet in the front and rear and 10 feet in each side yard. As this fence is on the property (outside the
dwelling zone) a variance is needed to exceed 4 feet in height.
When reading the Covenants, there are several references to a Special Advisory Planning Board that is
required to grant approvals in the PUD. However this board no longer exists. The Covenants then defer
responsibilities to the City. Just as if a proposed project did not meet the City's zoning code, it would have
to get a variance, when a proposed project doesn't meet the requirements of the PUD, it must get a
variance.
Historically, it appears that the City has not always recognized and enforced these Covenants, which has
resulted in a hodgepodge of development in this PUD, and others with similar circumstances. This means
that the City's normal zoning code was applied. If the City's normal zoning code was applied to this fence,
it would be approved administratively as six foot fences are allowed in side and rear yards. Ultimately,
staff would like to explore corrective measures for these PUDs that would address the nonexistent boards
and to make zoning requirements consistent.
Agenda Item #2.E.
13 Aug 2018
Page 38 of 62
May 15,2018 Community Development Board Agenda Packet Pa.e 15 of 41
Portions of the proposed fence do exceed 6 feet in height. '°. ,,- ;
Agenda Item #2.E.
13 Aug 2018
Page 39 of 62
May 15,2018 Community Development Board Agenda Packet Page 16 of 41
ANALYSIS
Section 24-64(b)(1)provides 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- 64 of this chapter,and such relief may
be subject to conditions as set forth by the City of Atlantic Beach."
Section 24-64(d) provides six distinct grounds for the approval of a variance:
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.
The applicant discusses in their application their history of permitting on the property where the City
has gone from not having any permit control to permitting some stuff to enforcing the covenants.
The applicant also point out that they were unaware that they even had covenants on their property.
Ultimately they want to be able to keep the fence they had for years before rebuilding it.
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.
Page 3 of 4
Agenda Item #2.E.
13 Aug 2018
Page 40 of 62
May 15,2018 Community Development Board Agenda Packet Page 17 of 41
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0009, request to
increase the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva
Marina Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle), upon finding
this request is consistent with the definition of a variance,and in accordance with the provisions of Section
24-64, specifically the grounds for approval delineated in Section 24-64(d) 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 ZVAR18-0009, request to increase
the allowable fence height in rear yards from 4 feet as required by Section III(D)(4) of the Selva Marina
Unit 12-A PUD to 6 feet at Selva Marina Unit 12-A Lot 10 (aka 1918 Oak Circle), or it is not consistent
with one or more of the grounds for denial of a variance, as delineated in Section 24-64(c), described
below.
No variance shall be granted if the Community Development Board, in its discretion, determines
that the granting ofthe requested variance shall have a materially adverse impact upon one (1)or
more of the following:
1) Light and air to adjacent properties.
2) Congestion of streets.
3) Public safety, including traffic safety, risk offire, flood, crime or other threats to public
safety.
4) Established property values.
5) The aesthetic environment of the community.
6) The natural environment of the community, including environmentally sensitive areas,
wildlife habitat,protected trees, or other significant environmental resources.
7) The general health, welfare or beauty of the community.
Variances shall not be granted solelyfor personal comfort or convenience,for relieffrom financial
circumstances or for relieffrom situation created by the property owner.
Page 4 of 4
Agenda Item #2.E.
13 Aug 2018
Page 41 of 62
121)."e pme-Qd ay 12.11-1-0
COVENANTS AND RESTRICTIONS C-e o .
and
fiulL
EASEMENTS FOR ELECTRIC AND iPou SeLA MAGNA dL
VOL 470 4 PG EASEMENTS
SEWER SERVICE for
0 OFFICIAL`.' RECORDS SELVA MARINA UNIT NO.12A. B&RECORD VOL 4878 PG 1189
OFFICIAL RECORDS
KNOW ALL MEN BY THESE PRESENTS: That,
WHEREAS, Sevilla Devleopment Corporation, Inc. , a Florida
corporation, hereinafter called "Developer", is now the owner of the
land described in Exhibit "A" attached hereto and by reference made
a part hereof, said property being known as Selva Marina Unit No.
12A and as such has been offered for recordation in the Office of
the Clerk of the Court of Duval County, Florida; and,
WHEREAS, said Developer is developing said land known as
Selva Marina Unit No. 12A in accordance with Ordinance No. 90, Section
28-17, Planned Unit Development, as amended, of the City of Atlantic
Beach, Florida, pursuant to a Public Hearing held on June 12, 1978
at the City Hall, Atlantic Beach, and the Developer, with the
knowledge and approval of the City, is placing certain covenants
and restrictions upon the use of all of the lots shown on said
plat and is desirous that said covenants and restrictions shall run
with the title to the land hereby restricted; and,
WHEREAS, the City, to facilitate the implementation of the
enforcement of the covenants and restictions that are within its legal
province to enforce, it being hereby acknowledged that the City's
v approval of the quality of workmanship and materials is limited to
W a;; compliance with the Southern Standard Building Code, and that the City
aJ< will make no judgment as to harmony of exterior design and location
with existing structures and requirements for ornamental plantings,
i5, and that provisions as to location with respect to front, rear and
side lot lines, topography and finish grade elevation and the location
Z 5 of subsidiary structures as herein outlined will be enforced by an
samendment to the City's zoning ordinance passed, or to be passed,
creating zoning classifications known as Residence AAA- SMU12A and
a appointing a Special Advisory Planning Board, hereinafter referred to
E as the "Board", whose functions are as hereinafter set forth:
E
o NOW, THEREFORE, for and in consideration of the premises and for
other good and valuable considerations, the Developer, for itself and
its successors and assigns, does hereby restrict the use, as herein-
above provided, of all of the lots included in said plat of Selva
Marina Unit No.12A and does hereby place upon said lots the following
covenants and restrictions, to run with the title to said lots, and the
grantees of any deed conveying any lot or lots shown on said plat, or
on any parts or portions thereof, shall be deemed by acceptance of
such deed to have agreed to all such covenants and restrictions, and to
have covenanted to observe, comply with and be bound by all such
covenants and restrictions, as follows:
I. These restrictive covenants shall run with the title to the
land in said subdivision owned by the Developer and shall be bindingupontheDeveloper, its successors and assigns, and all persons
claiming by, through and under the Developer, and shall remain in fullforceandeffectuntilJanuary1, 2000, except as hereinafter provided.After December 31, 1999, these restrictive covenants shall be
automatically extended for successive periods of ten ( 10) years
unless an instrument signed by the then owners of a majority of thelotsinsaidsubdivisionhasbeendulyrecorded, agreeing to terminate
or change said covenantsa in whole or in part.
RE-RECORDED TO CORRECT ERROR MADE IN SECTION II PAGE 2.
1.
Agenda Item #2.E.
13 Aug 2018
Page 42 of 62
RE-RECORD voL 4878 PG 1190 voL 4704 PG 1103
OFFICIAL RECORDS OFFI&1A(`_ RECO tgCS
II. No building shall be erected, placed, altere o per ed
o any lot in said subdivision other than one detached single-family
d p1ling of not more than three_staries (together with the usual out-
biiildings thereof), containing an enclosed heated and/or air-conditioned
living floor area of not less than 1,400 square feet if one story, and
1,600 sq.ft.if 2-ox'more 'starles—=, the first or ground floor of which, to
ensure the proper function of the sanitary sewer system and other utilities,
shall be no lower than the minimum elevation shown on each lot of the
recorded plat of Selva Marina Unit No.12A.
III. No building shall be erected, placed, altered or permitted
on any lot in said subdivision nearer to the street line than Twenty
20) feet. nor nearer to the rear lot line than Twenty (20) feet, nor
nearer to the side lot lines of adjoining lots than Ten (10) feet.
A. For the purposes of this provision, eaves, rakes,
cornices and steps and similar projections shall
not be considered as part of the building, provided,
however, that this shall not be construed to permit
any portion of a building to encroach upon any
adjoining properties.
B. For the purpose of these covenants and restrictions
and/or this provision, the area herein provided upon
which the dwelling may be erected, placed, altered
or permitted shall be termed the "dwelling zone".
V
a C. Garages, servants' rooms and rooms used for storage,
private laundries, or similar purposes, if provided,
m shall be attached to and made a part of the residence
E which they serve. Garages shall be provided with
doors and, in the event such garages face upon any
street, the doors shall be provided with an automatic
opening and closing device.
7EE D. No dwelling, fence, wall, detached outbuilding, en-
0
closed swimming pool or similar structure shall be
located, placed, altered or permitted on any lot
in said subdivision outside of the dwelling zone,
except as hereinafter provided.
1. The Special Advisory Planning Board may recommend
a waiver of unintentional minor violations of
this provision when the building has been erected,
or construction substantially advanced, provided
that in the opinion of the Board such violation
will not detract from the appearance and value of
the adjoining properties.
2. Only one (1) detached outbuilding may be located
outside the dwelling zone provided:
a. It shall not be used as a separate or secondary
residence or a guest house.
b. It shall not exceed an outside horizontal
dimension of six (6) feet by eight (8) feet.
c. The walls thereof shall be no higher than
the first floor walls of the dwelling
2.
Agenda Item #2.E.
13 Aug 2018
Page 43 of 62
EE RECORD voL 4$78 r1191. VOL 4704 PG 1104
OFFICIAL RECORDS OFFICIAL!RECORDS
d, The slope of the roof shall not be steeper
than that of the dwelling.
e. It shall not be located closer to the rear or
side lot lines than five (5) feet except that
it may be within one (1) foot of the side or
rear lot line, but in compliance with para-
graph III A. above.
f. It shall be located in the rear yard, the same
being defined as that portion of the lot between
the rear of the dwelling built in the dwelling
zone and the rear lot line.
g. The material of which it is constructed must
be similar to and its color or appearance
blending or compatible to the primary dwelling.
3. Only one (1) swimming pool may be located outside
of the dwelling zone, provided it is located in
the rear yard as defined in subparagraph III 2.f.
above, and no part thereof shall be within five
5) feet of the side or rear lot line.
4. Fences or walls may be located outside of the
dwelling zone provided:
C
a. They shall not exceed four (4) feet in height.
C
m b. They shall not be constructed of metal or
E wire.
a0
oc. Their material and color must be similar to
and/or blend with the dwelling.e
d. They shall not be closer to the front or
side street line than the front or side
of the dwelling constructed in the
dwelling zone.
e. They cannot be located nearer to the side or
rear lot line than three (3) inches unless
the owner of the lot on the other side of
said line waives this provision in writing
to the board.
5. All structures built under this section and sub-
section must first receive recommendations of
approval or disapproval in writing from the Board.
IV. The Developer has given the Jacksonville Electric Authorityaneasementtoconstruct, operate, lay, improve and/or repair, operate
and maintain electric cables and associated equipment along the paths on
Which said electric cables and associated equipment are to be laid in,
on, along, over, through, across or under said Unit No. 12A for an
underground system to provide electric service to the dwellings to be
2
3.
Agenda Item #2.E.
13 Aug 2018
Page 44 of 62
rc 1192von 4704 Pc 1105
a RECORD VOL 4878
OFFICIAL RECORDS OFFICIAL RECORDS
constructed on the lots, and to provide street lighting in said Unit
m
LQo.12A.
V. No signs of any kind shall be displayed to the public view
in .said subdivision, except one professional sign of not more than
one (1) square foot, one sign of not more than three (3) square
feet advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and sales
period, or signs pertaining to or advertising said subdivision.
VI. No noxious or offensive trade, business or occupation shall
be carried on in said subdivision, nor shall anything be done there-
on which shall be or become an annoyance or a nuisance to the neigh-
borhood. Campers, motor-homes, boats/boats on trailers and motor
vehicles may be parked or kept in said subdivision only provided same
does not become unsightly, abandoned or a nuisance to, or in, the
neighborhood.
VII. Temporary buildings and sheds used during the construction
period of the permanent dwelling may remain only during the required
construction period.
VIII No lot, or lots, in said subdivision shall be resubdivided by
Any instrument, conveyance or plat unless such resubdivision is the
4ct of the Developer, or unless such resubdivision is first approved
ty the Board, but any lot may be divided between, and become a part
4f, the adjoining lots on either side.
iX. No structure or building shall be erected, placed, altered or
permitted in the subdivision until the building plans, specifications,
And plot plan showing the location of such building, have been re-
iewed by the Board as to quality of workmanship and materials as
to harmony of exterior design and location with existing structures,
as to location with respect to front, rear and side lot lines, as
to topography and finish grade elevation and as to location of existing
trees and plants that may be initially removed or affected by the struc-
ture or building, and recommended for approval or disapproval by the
Building Official of the City of Atlantic Beach.
In the event the Board, or its designated representative fails
to recommend approval or disapproval within thirty (30) days after
plans and specifications or other applications have been submitted
to it then, in that event, the Building Official may issue or deny
a building permit.
The Special Advisory Planning Board is hereby initially composed
of three members, as follows:
George Bull,
Beverly B. Meshaw,
George Bull, Jr.
A majority of the Board may designate a representative to act for it.
In the event of resignation, death or other incapacity of any member
of the Board, the City shall designate a successor. Neither the
members of the Board, nor its designated representative shall be
entitled to any compensation for services performed hereunder. At anyAcnethe then record owners of a majority of the lots in said sub-
division shall have the right to petition the City to change membershiportoabolishtheBoard.
4 .
Agenda Item #2.E.
13 Aug 2018
Page 45 of 62
4878 Pc.93 VOL 4704 Pc 1106
RE•RECORD
OFFICIALRECORDS RECORDS
X. Any person having an interest in said subdivision or lots
therein shall have the right to institute and prosecute any approp-
riate proceedings at law, or in equity, to prevent the violation of,
or to recover damages for, the restrictive covenants herein contained
should same be violated or an attempt to violate the same be believed
imminent or intended.
xi. Every contract of sale or deed that the Developer, its successors
and assigns, or any subsequent grantee under Developer, shall make
agreeing to convey or conveying any lot in said subdivision prior to
January 1, 2000, shall be made expressly subject to the provisions
of this restrictive agreement.
XII. Invalidation of any one of these restrictive covenants by
judgment or court order shall in no wise affect any of the other
provisions hereof, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Developer, Sevilla Development Corporation.
Inc. , has caused this instrument to be executed by its duly authorized
officers, and its corporate seal to be hereunto affixed this /S' day
of F}UcUsf , A.D. 1978.
SEVI dEVELOPMENT i4• ' IQN, INC.
corporate seal) c•-:
By.
ge B s 1, Presiait:.,-. a
1
en o
ATTEST: j o;
Nc-
4\C:;
3 del. .03
S c_etary
E
0
4114r
C Si: . . , sealed and delivered -
JE ipresence o•:
E
11
IL% .moi._
STATE OF FLORIDA )
COUNTY OF DUVAL )ss
BEFORE ME, an officer duly authorized in the County and State
aforesaid to take acknowledgments, personally appeared GEORGE BULL
and BEVERLY B. MESHAW, the President and Secretary respectively of
SEVILLA DEVELOPMENT CORPORATION, INC. , a corporation existing under
the laws of the State of Florida, to be well known to be the in-
dividuals and officers described in and who executed the foregoing
instrument, and they severally acknowledged the execution thereof
to be their own free act and deed as such officers thereunto duly
authorized; and that the official seal of said corporation is duly
affixed thereto.
WITNESS my hand and official seal t S day of>'`•Ru51 ..
A.D. 1978, at Atlantic Beach, County and t, to aforesai4•:'
r. Q ( •
Notary • b-""! ' to of Florida
at Large.
My commission expires:
NOTARY MILK STATI OF FLORIDA Al LARGE
UT COMMISSJON 071115 OK.30 wa0
IOHXD TNU COWL!6.um:amirEIs
Agenda Item #2.E.
13 Aug 2018
Page 46 of 62
May 15,2018 Community Development Board Agenda Packet Page 23 of 41
MINUTES
JUNE 12, 1978
PAGE THREE V
1
Names of 1
Comms. MS YN
approaching conditions. The Chair asked Mr. Parks for
an opinion, and he replied that his opinion remained
the same as previously stated. Mr. Parks gave a brief
report on the storm drain and sewer line problems .
At this point, Mr . Davis pointed out that during a
recent heavy rain he found most of the Beach to be
flooded, but the particular section under discussion was
dry, and he could only assume the storm drain system
was adequate. Mr. Davis stated that he recommended s
to the Commission that the City accept Saturiba Drive
and the improvements with the exception that the tree
be removed by Mr. Bull. The Chair recognized Mr. Cesar
A. Garcia, 395 Saturiba Drive, who stated that he lived i
directly in front of the tree in question, and he did
not feel the City would have any traffic problems, 4
particularly with the speed limit set at 25 mph. After f
discussion, Commissioner Jensen made the following
motion: I
Motion: Saturiba Drive be accepted by the City 1Jensen X X
for maintenance without the removal of Mhoon X X
the tree at this time. Reflectors to be Minton
installed on the tree.
Unfinished Business
A. Public Hearing - George Bull - Selva Marina Units
10A, 10B, 12, and 12A (not originally on the agenda) .
Mayor Pro Tem. Minton advised the audience that a Public !
Hearing was now open on Selva Marina Units 10A, 10B,
12 and 12A. The Chair recognized Mr. Bull who outlined
his plans and the reasons for including Unit 12A along
with Unit 12 . He stated he had re-engineered the
sewer facilities for the whole area and reduced the
number of lift stations from four to two. He also
advised that new covenants and restrictions were
being prepared to include Unit 12A. The Chair inquired
if Mr. Parks would care to comment cn the revised sewer
facilities and the latter answered in the negative as J j
he ad not had the opportunity to study the plans .
i
1.._ .i.. -...„
Agenda Item #2.E.
13 Aug 2018
Page 47 of 62
May 15,2018 Community Development Board Agenda Packet Page 24 of 41
MINUTES
JUNE 12, 1978
PAGE FOUR V V
Names of
Commrs. MS Y N
As no one else spoke for or against, Mayor Pro Tem.
Minton declared the Public Hearing closed. i I
Motion: Approve the four plats and covenants Jensen X Xl
and restrictions on Selvz Marina Units Mhoon X X
10A, 10B, 12 and 12A. Minton X
e f
B. Chief Stucki - Report on Atlantic Beach Pentecostal I
Church, 600 Levy Road. j
Chief Stucki reported that he had met with Mr. Phil
Banister of the Atlantic Beach Pentecostal Church and
the problem of vandalism had been resolved.
Action on Resolutions
A. Resolution #78-11 - Adopting the recommendation of
the Duval Beaches 201 Facility Plan as to Alternative
27a.
Mr. Davis reported that at a meeting held on June 2, 1978,
with Jacksonville Beach, Atlantic Beach, Neptune Beach, ' r
the City of Jacksonville and the Navy, the concept of
Alternative 27a had been adopted which combines the
features of Alternative No. 4 and Alternative No. 13a in
a manner acceptable to all five parties . Mayor Pro Tema
Minton presented and read in full Resolution #78- 11
adopting the recommendation of the Duval Beaches 201
Facility Plan as to Alternative 27a.
Motion: Passage of said Resolution. Copy of t Jensen X X •
Resolution #78-11 is attached hereto and 1 Mhoon X X
made a part hereof. Minton X
There being no further business, Mayor Pro Tem. Minton
declared the meeting adjourned.
I
Seal) 1 \
IIL. W. Minton, Jr .I
ATTEST:Mayor Pro Tem. '
I '
delaide R. TT`Aucker, City Clerk
ii
i
1
L
Agenda Item #2.E.
13 Aug 2018
Page 48 of 62
I
110k1n
r-----------------_—...— ._--------
f:li \sL F ri ..it LA
1'''MAY -t12011
i
T-;::,-..-
Building Depmrtnent
APPLICATION FOR A VARIA .At1anUc Beach, FL
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445Phone: (904)247-5800 • FAX (904)247-5845 • http://www.coab.us
Date .O 0-- 0 LEI__! File No.____TV I7 -0009
I. Applicant's Name _ _i_. d pi n11 t'CJ h. I Q
2. Applicant's Address I `5 Qt C , G e _... 1_ -J. Ci r 2z23.3
3.
zC 3.
3. PropertyLocation r
4. Property Appraiser's Real Estate Number-_LQ- ,.Se(Ve OW.O1
5. Current Zoning Classification D o r.__._..__ .._- -- --
6. (:ompr'ebensiwe flan Future ,at d Use designation_R_L__
7. Provision from which Variance is requested p u I.__._.. oc& 1e45
8. Size of Parcel Op __ -
9. Homeowner's As•ociation or Architectural Review Committee approvthalrequiredfor e proposed construction.LiVes loo (If yes,this must be submitted with any application for a Building Permit.)
10. Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of
the Zoning. Subdivision and Land Development Regulations, a ropy of which is attached to this application.
Statement and site plan must clearly_describe and depict the Variance that is r_efiuested.
I I. Provide All of the following information:
a. Proof of ossnership (deed or certificate by lawyer or abstract company or title company that veritiesrecordownerasabove). 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 sshich Variance is sought.
c. Required number of copies: Four (4), except }yhere arioinal_plans,photo aJrhs or documents larger
Man I I x17 inches are submitted. Please frovtde eight (8)-c„pies of any such documents.d. Application Fee(S250.00)
I TiEEtE:ElY ('F;12'flE'1' THAT ,11..L iNI•'ORIiA•T'IO\ PROVIDED Wi'CIi '11.11S APPLI(':1'T•IOti isRILL(_I:
Signature of ow'mils) or authorized person if owner's authorization form is • ttached:
I/Printed or typed name(s): 4 r1._._ mLL. Ciel col- l"t i oi
j iSignature(s): G ti -C C -G'v
ADDRESS ANi) CONTACT iNFOliMAT)O\ OF PERSON TO RFCE'iVE: :ALL. CORRESPONDENCEREGARDiN ;"PIIS APDL C Vi'ION
Names lei. !l.
Mailing Address: _,S'L,W] -.•._.Cu5 _e",...- 0,,,,,
m 2Phone: 1P41-12;Z:-.43.b.,3 FAX: E-mail: Lyn.l'a'1
Agenda Item #2.E.
13 Aug 2018
Page 49 of 62
The following parah sets forth reasons for which a
check thye approved. Pleasetoyourrequestandbriefly "nc'npclntmcumucopmnided'
di Grounds for approval u/aVxhu/*c. A Variance may he granted,at the d iscret ion ut tic(Onin no ni i DcvclupinciitBoard, for the ibllowing reasons.
exceptional topographic conditions o[mnear the property.
i
Ej(I) sun
conditions or circumstances impacting the property disparately from nearby properties.
LJ(3)
exceptional circumstances preventing the reasc)nabic use nt the property as comparer!to other properties iiithearea.
ruo '4) onerous effector regulations enacted ;titer platting or urte, development of the property or afterconAructionori
Fl <i} inegu|o,,hqe"[theymp,uyxnnnuoonsyccix|'oo^J:u/mx.
6> substandard Lot " Kum,dwarranting ovo,iu*eioou1nu.pm,N, for the-_as_--,noh_'-le U/x cpur.
4 appm,nk/xYu,im`cc To approve an applicntin for Variance. the Community Uox|opmcn, Rvx shuU Umut~"` "".ovvc* /^ moc;umuncrnthUup cu|ing /un^ d |xo"i^iv/vu[h Su ivom'd /6xtUu Vmm/»eo[ uro,wucv"Uhei,|mnn»nYwitktheyoqvscomJ |non/o(iChupu,.s
0 Aymnvo| orL*am Variances. The Community Development Board shall have the authority to approve a lesserthanrequestedofo |,mn, Variance yaxUh* ow,^ xpp,o`mrkmacco xi the terms and provisions orSectionandwiththePurposeand (ountokh Chapter.
g) Nearby Nonconformity. Nonconforming characteristics or nearby Lands, Structures or oviNin / not e"=~^ /v'upym'n/ufu Variance.
h) Wa nX»*inJ rn obmimd. Kumaxhq/"wkxo \hnmccudo`JkydoCvmmuoxy ( e,dopwux8mni"" .u .""u:/mnonanother application for o mx"t U, /mnunqu,vn huom,|"»p«property shall accepted k/^» daysfrom the dxc^[dcn.
Cr)
to
T'nuy*iod o implement Variance Unless otherwise stipulated by the Community Development Board,the =mk'`p " "^ |pv, umxmuvonumrsmUh/gv/ vi/hio,.x (un*o/|o6n the'a/r^[^nymn^|vNu VarianceTheDevelopmentDirector. upon finding of"--' cause. nay authorize aone time extension not toexceedadditionalsix <0>months. beyond which time the Variance shall become oU and void.
j) A Vun^nc, which involves the Development (if Land, shall he transferable and shall mo with the title to /he,wpvnyoo/uan'*,n*/s,stipulated bfthe[vo "o"oDevelopment |}ox"d.
J_-__-_ _
Agenda Item #2.E.
13 Aug 2018
Page 50 of 62
Additional comments: __
Over wuooleor
find
ou<n8ux I a me 1 ou{o[lhegoing
the do was to build a privacy fence at the rear of
n8 1 simplybuQlt
the fence, (108 feet.lAgt _,_e_sle_nding_along.much-but--n4t-all-,--of-the-propeily line). The height-al-either
end was elittle less than o/xfeet, n I g d g lQooluurc000um uoe:uupmo*ne op;-xno/c
s over six feet The fence stood,-- - without hup
In the-interiniTthe-C-ity-has-taken 0--v-trittaTiargedietif-OTtheThnit. (i recently obtained a City permit for I
and built °^ m.a'~~-_-_--'- '-----_ of-my-property.)--
Then came Hurricane Matthew. In addition to considerable other_damoee_to4nypropert,A-the-rcar-
alit the chaos that followed, I was unable to find a contractm_who col lid
0mne-: rie-fu-ibished the fence, using the
remainingposts_a cu gd*:-woxk-ioOek/8ur-20-1-67_l-Edli-of-seelcooeooitbc
this work, thinking it was m ! an_existing_structure,- -
i After-meetings-with Cude-EfifOlteifierifOffieer-Debt3ie-WliiteWhiteand Acti
Headof the Pet v p~ ^^'~ ^ q~~~^•~ ~~~,"--^- ---~-/----
peuding the City consideration of the special status_ofSelva.Unit-.12A- --------'--'
Wbc uohtnever informed ofaset uf"
rc ding1u-to uo not nly not
enforced) bc nameddcvclIn
its absence, the City has since routinely grantectpemilts in violation of the_covepants,Then-,-in
wake of-Hurrkaire-MattheiV, the atY-somehow took notice of the covenants and is now_wrestling_with
theit legal validity--My fence-is thus
built)
o/ it's u/au4yand that/t/uw^/attractive structure, s*aauame o.E.w'^^_a°" ,,^ dlif`=`""^ "^ `^~
same d ' uu ling most of the rest of the property.
Agenda Item #2.E.
13 Aug 2018
Page 51 of 62
MAF SHOWING SURVEY OF:
LOT to L - .r::r _ •_ (1.11: n-z. ^ -cl_i=h`
according to plat recorded to 0tot Book ',t. , Pape .eL of the current public
records of DU'AI County,F;-.a. Examination of Flood Hazard Boundary Map, Community
No. 1200-15 P:nol ex..,0 , dated '1"11 P9 Indicates
that the. property shown and described hereon lies within a Zone <area.
i4
j / Pio
L/ c,o..•n Lor Z
EEC.9, -r-z-a P_-Z9.m
FADit I P
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a /,' 4 - «....I ,,,,,.re
5,,.. .a.....,_
SAT 09.3E1...-3.0...t., A......1:7_,
THsS LINE ALE 131 eE2EGT,oervE S. I-, Shaver AEG WE.: Lr-'-' TEG
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et
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Agenda Item #2.E.
13 Aug 2018
Page 52 of 62
Atlantic Beach,FL Code ofT rdinances about:blank
a) In no case shall approval be granted for any height of building within the city
exceeding thirty-five (35) feet, except in accordance with section 59 of the City
Charter.
b) Requests to exceed the maximum height of building for certain elements of a
building may be considered and approved only within nonresidential land use
categories and for nonresidential development. Further, any such nonresidential
increase to the maximum height of building shall be limited only to exterior
architectural design elements, exterior decks or porches, and shall exclude
signage, storage space or habitable space as defined by the Florida Building Code
and shall be approved only upon demonstration that the proposed height is
compatible with existing surrounding development.
Ord. No. 90-10-212, § 2(Exh. A), 3- 8-10)
Sec. 24-157. - Fences, walls and similar structures.
a) Permit required. 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. The
term fence and wall may be used interchangeably within this chapter, and shall mean as
specifically defined within section 24-17. Fences must be constructed out of materials
that are customarily used for fences.
b) Height and location.
1) Within required front yards, the maximum height of any fence shall
be four(4) feet, except that open ornamental aluminum, iron or vinyl
or wood fences, similar to the below examples, with vertical rails no
more than two (2) inches in width and spacing of at least four(4)
inches may be constructed to a maximum height of five (5)feet
except in cases as described in following subsection ii. Within
required side or rear yards, the maximum height of any fence shall
be six(6) feet.
iiiiiiiiiiiiiiii
IINIIIIUTAUII
2) The height of fences shall be measured from the established grade at the fence
1/48/4 of 6 7
5/14/2018 12:42 PM
Agenda Item #2.E.
13 Aug 2018
Page 53 of 62
Atlantic Beach,FL Code of Ordinances
about:blan}
location to the horizontal top rail of the fence. The use of dirt, sand, rocks, timbers,
or similar materials to elevate the height of a fence on a mound or above the
established grade is prohibited.
3) The maximum height of retaining walls on any Lot is four(4) feet. A minimum of
forty(40)feet shall separate retaining walls designed to add cumulative height or
increase site elevation. Signed and sealed construction and engineering plans for
retaining walls over thirty-six (36) inches in height shall be required.
4) For nonoceanfront lots with uneven topography along a side lot line, the minimum
necessary rake of the fence, which is the ability for a fence to adjust to a slope,
shall be allowed for the purpose of maintaining a consistent horizontal line along
the side of the lot, provided that the height closest to the front of the lot does not
exceed six(6) feet.
c) Corner lots. Fences, walls, similar structures and landscaping on corner lots may create
obstacles to clear vehicular, bicycle and pedestrian sight visibility resulting in a public
safety hazard. Notwithstanding the following provisions, clear sight visibility for fences,
walls, landscaping or any structure proposed along the street side of any corner lot shall
be verified by the designated public safety official prior to issuance of the permit
required to construct, place or replace any such feature. Sight triangles as defined within
section 24-17 shall remain free of visual obstruction.
1) For corner lots located on rights-of-way that are fifty(50) feet or less in width, no
fence, wall or landscaping exceeding four(4) feet in height, shall be allowed within
ten (10)feet of any lot line which abuts a street.
2) For corner lots located on rights-of-way that are wider than fifty(50) feet, fences
may be constructed within the side yard adjacent to the street at a maximum
height of six(6) feet provided that the fence is on the private property and shall not
be located closer than fifteen (15)feet from the edge of the street pavement or
closer than five (5) feet to any sidewalk or bike path.
3) Similarly, hedges and landscaping on corner lots shall be maintained at a height
that does not interfere with clear vehicular, pedestrian or bicycle sight visibility or
use of the public sidewalk or bike path.
d) Structures similar to fences. Vertical structures such as trellises, screens, partitions or
walls, that are intended primarily for the purpose of creating privacy for a back yard or
an exterior deck, as opposed to a fence which encloses or separates land, and
constructed of any type of material shall be limited to maximum length of twelve (12)
feet and a height of eight(8)feet above the deck or the established grade of the lot
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5/14/2018 12:42 PM
Agenda Item #2.E.
13 Aug 2018
Page 54 of 62
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Agenda Item #2.F.13 Aug 2018
Page 61 of 62
Agenda Item #2.F.13 Aug 2018
Page 62 of 62