08-13-18 Special Meeting Commission AgendaK. M. and D. B. Klein Submission to the City of Atlantic Beach Commission Hearing, 08/13/2018, on
the Houser Appeal of the Klein Variance ZVAR-18-0009.
Madame Mayor, Commissioners:
The approved variance granted relief from the arbitrary enforcement of an outdated PUD,
grandfathering the height of the fence as existent for over twenty-five years (until portions were
damaged by Hurricane Matthew). Am I right in assuming all of you have read both the appeal and all
of the testimony given at the Community Development Board's hearing on the merits of the variance?
If not, it is important for the Commission to hear, verbatim, the testimony I gave then because I
addressed each of the Section 24-64 "Grounds for Decision" — providing ample justification for each of
the six grounds for approval, and showing how each of the seven "adverse impact" grounds for denial
do not apply. Please note that item 5 of the Grounds for Approval states "Irregular shape of the
property warranting special consideration." In its unanimous decision, the Board surely took all of the
evidence into consideration. The Appeal contends that the decision was based solely on a statement by
Mr. Reeves that the Code [24-157 (b)(4)] allows fencing on lots with uneven topography to exceed 6
feet, and that he would have approved the permit if it would have been submitted before the fence was
rebuilt. The Appeal contends that Mr. Reeves erred because he did not address the semantic issue of
whether the fence borders a "side" or a "rear" yard. Mr. Reeves did not err. A simple glance at the
survey shows that the lot is triangular. The house is canted on the lot so that it does not face any side.
Since there is no "front" side, it would be disingenuous to label one of the three sides as "rear." The
survey does not. The property is unique, hence there was ample justification for the variance, "an
allowable exception or relaxation of the strict literal interpretation of certain provisions."
I also call your attention to the statement in the Appeal that, to comply with a six-foot limit, "the fence
would have to be tiered..." Such a modification would adversely impact the "aesthetic environment" or
"beauty" of the community. As it stands, the fence has weathered into the natural beauty of the
environment, jasmine and other plants are growing over it, and it enhances the habitat of birds,
squirrels, and other wildlife. I see no reason to doubt the thoroughness or the judgment of the
Community Development Board.
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'/PLEDGE TO THE FLAG
City of Atlantic Beach
Agenda
Special Called Meeting of the City Commission
Monday, August 13, 2018 - 4:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page
1. CALLTO 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 ) Ley .0 li:%1�`1 �X� t e &ij�- 5-
alv_ cry .
Item 2A -Process for Appeal N U Ct IN /it-( .I'LC ��,� �,� (��, 6 t'
r
B. Disclosure of EA ParleCommunications, if any
C. Swearing In of All Persons Who Will Speak,n,(L'pt
D. City Staff Overview, Documentation and Presentation/Testimony 7-33
Item 2D - CDBSR ZVAR18-0009
Item 2D - ZVAR18-0009
Item 2D - Photos ZVAR18-0009 Klein
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
E. Houser Documentation and Presentation/Testimony 35-86
Item 2E - Houser- Appeal
Item 2E - CDB Meeting Transcript
F. Klein (Applicant) Documentation and Presentation/Testimony 87-94
Item 2F - ZVAR18-0009 1918 Oak Circle
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
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