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96 Ocean Boulevard ZVAR14-00100014 (Borders) „_ t'•sari (---- „.„ ,, , ,,,,.1),-// CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B. CASE NO ZVAR-14-00100014 Request for variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4) feet in height within ten (10) feet of a property line which abuts a right-of-way that is fifty(50)feet or less in width. Specifically, the applicant seeks to construct a six(6)foot high fence 5'off the property line that abuts 1St Street, which is a fifty(50)foot wide right-of-way. LOCATION 96 OCEAN BOULEVARD APPLICANT RONALD BORDERS DATE APRIL 10, 2014 STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR STAFF COMMENTS The applicant is constructing a new home at the corner of Ocean Boulevard and First Street. The applicant plans to put a 3 or 4' fence along the front (Ocean Boulevard) and corner side (First Street), which is allowed by code. They are requesting a zoning variance to put a 6' tall fence inside of the required 10' setback along the corner side of the lot. This segment measures approximately twenty-three feet long and would be setback five feet from the First Street property line. It is roughly 70 feet from the easternmost point of the requested 6' fence and Ocean Boulevard. The requested 6' fence segment is highlighted in Figure 1. Section 24.157 (c) states, "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 24-157 shall remain free of visual obstruction.” Section 24-157 (c) (1) states, "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." Atlantic Beach Police Chief Classey reviewed the proposed variance and stated, "There is not a sight distance problem with the request, as it is over 70' from the corner which is a four way stop." Chief Classey's opinion does not in itself warrant the granting of the variance. It simply is intended to inform the Community Development Board that there will not be public safety issues,if the variance is granted. • .....-— I ---5FS5l---------------——-- : I I— ;' 0 I. C) 0 I ,l• > P . 91O co 6 ..z., a>n I -4 -4-9 a''F1 CO .' •Z 7'I 0 4404/rVV''34'j' 4 1..-,. : .. , : •.tz . SVA ...-;A . 30.34 rat Ai., .. 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Fence will be approximately near the start of the shade. Page 2 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. The applicants stated in their application package, "The additional setback on a corner lot is diminishing the use of the back yard/pool area. By gaining just 5' extra would allow an enjoyable living condition". Section 24.64 (c) (7) of the Land Development Regulations states, "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." (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR-14-00100014, request for variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4) feet in height within ten (10)feet of a property line which abuts a right-of-way that is fifty (50)feet or less in width, 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 above. The Community Development Board may consider a motion to deny ZVAR-14-00100014, request for variance from the provisions of Section 24-157(c)(1), to allow the construction of a fence exceeding four (4) feet in height within ten (10)feet of a property line which abuts a right-of-way that is fifty (50)feet or less in width, upon finding that the request is either inconsistent with the definition of a variance, or it is not in accordance with the grounds of approval delineated in Section 24-64(d),or it is 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: Page 3 of 4 (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. Page 4 of 4 • 1 1 l.1iy/Jn 4$ iix '-W4 !) AT LICATION FOR A VARIANCE City of Atlantic;' ach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445 Phone: (_•::i)247-5800 • FAX (904)247-5805 • http://www.coab.us Date 6; o24 4 File No. 1. ::::::::: tO t.i / /• c)7_r"" lie _ 2. ss 212.1*!—. f a — f j G�2 Sc ', � ,, 3. Property Location L, �i' ZfL-/'? V: /pion 4. Property Appraiser's Real Estate Number /.9-09--7 Op 5. Current Zoning Classification /9,—. -- 6. Comprehensive Plan Fut re Land U e d ignatio 7. Provision from which Variance is requested P,I/►if) U n cy ,i rf-j7 e-I' �(i.('`J% 8. Size of Parcell i{ X � --- 1111 9. Homeowner's or Architectural Review Committee approval required for the proposed construction. ['Yes No (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 copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. 11. Provide all of the following information: a. Proof of ownership (dens or certificate by lawyer or abstract company or title company that verifies record owner as above). h the applicant is not the owner,a letter of authorization from the owner(s)for applicant to represent tk owner for all purposes related to this application must be provided. b. Survey and legal description of property for which Variance is sought. c. Required number of copies: Four (4), except where original plans, photographs or documents larger than 11x17 inches arc submitted. Please provide eight (8)copies of any such documents. d. Application Fee($150.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or auth ,d person if owner's authorization form is attached: Printed or typed name(s): .01.:9 4//14.)• igoiede } ,' .....zr Signature(s): —' ADDRESS AND CONTACT Ii 'ORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICAT V c]] ,--) /� - �� Name:__ Z('Q ...2r i� ( 7 z y_ J? 1 0:4J ,:j Mailing Address: /� /{'�� p-0 P_p_Dad3 Phone: IP – FAX ,P2-,q-e15,24 2 E-mail: t �t �,A ���-� 7`/ t!��bC.� 1; mail: /�/.�: �//dam � �' -l�lJ 7'1�/ ri 4 tv, '*�Ult g? Instructions to apply for a Variance Variance requests are considered and acted upon during public hearings before the Community Development Board at their regular monthly meetings, which are held the third Tuesday of each month, unless otherwise scheduled. Meetings are held at City Hall in the City Commission Chambers at 6:00 pm. The deadline for filing a Variance application, in order to be heard at the monthly meeting, is 5:00 pm on the first Monday of each month. Applications should be submitted to the Planning and Zoning Department located at City Hall. In order for a Variance ar-.!4cation to be scheduled for public hearing, the application must be complete. All required info_- .tion must be provided, and the required fee must be paid. (Variance fees are not refundable in th . event that the Variance request is denied.) Once the required fee and a complete application are submitted, the request will .be scheduled for the next available public hearing. An advertised not.;e-of the hearing will be published in the newspaper, and an orange zoning sign will be placed upon the property to notify neighboring residents that a Variance request will be considered. Before filing an application for a Variance, it may be useful to read and understand the following definition and requirements from the City's Land Development Regulations related to Variances. A Variance may be approved by the Community Development Board only when consistent with these provisions. Section 24-17. Definition of a 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 provias set forth in Section 24-64 of this Chapter, and such relief may be ubject to conditions as set forth by the City of Atlantic Beach. Sec. 24-64. Variances. A Variance may be sought in ai xdance with this Chapter. Applications for a Variance may be obtained from the Community Developm,. t Department. A Variance shall not reduce minimum Lot Area, minimum Lot Width or Depth; and shall of increase maximum Height of Building or Impervious Surface Area as established for the various Zonir•_;Districts. Further, a Variance shall not modify the Permitted Uses or any Use terms of a property. (a) Application. A request for 1"ariance shall be submitted on an application form as provided by the City and shall contain each of the allowing. (1)a complete legal description of the property for which the Variance is requested. (2) a reasonable statement describing the reasons for the Variance. 1 • (3) a survey or Lot.diat indicating setbacks; existing and proposed construction, as well as other significant features existing on the Lot. (4) the signature of the ops-Ler,or the signature of the owner's authorized agent. Written authorization by the Owner for the agent to act on the behalf of the property owner shall be provided with the application. (b) Public Hearing. Upon z-e,;:eipt of a complete and proper application, the Community Development Director shall within a reasonable period of time schedule the application for a public hearing before the Community Development Board following required public notice. At the public hearing, the applicant may appear in person or may be represented by an authorized agent. (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 or more of the following. (1) light and air to adjacei;roperties. (2) congestion of Streets. (3) public safety, includin 'sk of fire,flood,crime or other threats to public safety. (4) established property v s. (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 g>>anted solely for personal comfort or convenience,for relief from financial circumstances or for relief from situations created by the property owner. The following paragraph sets forth reasons for which a Variance may be approved. Please check the circumstances that apply to your request and briefly describe in the space provided. Please be advised that the Community Development Board can grant a Variance only when at least one of the following conditions are present. (d) Grounds for approval of r .lance. A Variance may be granted, at the discretion of the Community Development Board,for tb... flowing reasons. ❑ (1) Exceptional topogr ubic conditions of or near the property. (2) Surrounding condit Qns or circumstances impacting the property disparately from nearby properties. Ili ,D©/1 iewe t 5e7 //9 R c,v C ,/ei2 �T s D Em/.�`'iJill�!l Trf& as a c hfA cic yr /r -c- gie G'91"/ia . ' _j T 5' 0 ei c.O 61L(al4/ Ent-Joy/t4GE" c/V/'v CarY,D/77 ❑ (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 imp' .mients upon the property. ❑ (5) Irregular shape of;=ie property warranting special consideration. El (6) Substandard size of a Lot of Record warranting a Variance in order to provide for the reasonable Use of the property. (e) Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is in accordance with the preceding terms and provisions of this Section and that the granting of the Varianc,;will be in harmony with the Purpose and Intent of this Chapter. (f) Approval of Lesser Variap• 's. The Community Development Board shall have the authority to approve a lesser Variance than regLd if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Sec*.- and with the Purpose and Intent of this Chapter. (g) Nearby Nonconformity. II ‘nconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approva of a Variance. (h) Waiting period for re-sul=nittal. If an application for a Variance is denied by the Community Development Board, no fi atter action on another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. (i) Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one-time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. • (j) A Variance,which involve: • :Development of Land,shall be transferable and shall run with the title to the Property unless otherw. ,ipulated by the Community Development Board. Additional comments: mf' • _ MAP SHOWING SURV LOT 5, BLOCK 34, ATLANTIC BEACH SUBDIVISIONSURVEY O F "A" AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. t 7ep'2' J 4)44i-84.o?JA ,0L VaA0 51 11 — Q3lSantD0i FIRST STREET (1hN„r)4 ,,a007 ), 4S Fib"MERLY MACDONALD STREET .....0131d r'�O10 11P° 2 VARI•RLE WIDTH RIGHT OF WAY (PAVED) I J '391.44j <lacMat S r ' 15" PALM Al - - ON CORNER A2 107.16' IRONp- IRON 'OUND 3 n^ - O'3' 106.82' 0.1' 6.2' 0.2' SET I/2` IRON, / IRON. PIPE' 3' SPLIT RAIL FENCE 1 PIPE, CAP L63672 NO CAP (2.17' S'Iy) Z of .. - E 82 if ,°I ..Rig) 0 ,-, I 1 o I ; 1.,, 35.2, �� II O o cc 0 POOL CONCRETE / O 11 co w BLOCK CONCRETE r: zi FOUNDATION BLOCK O o Q il I I FOUNDATION 6.3 N Ch `, U Or 1.0 20.1' s.3 Q z r�i 4.5' 16.1' ,. W Cr "'r Da 50.5' Lu 1' a zo.t' C7 1.1' c vj Q FOUND 1/^<" IRON, ■ 1.1"."91....."."""""..., r0.3' 0 3' SPLIT J PI'C. NO CAP ■�-1.4' 6' 1i 9OD FENCFENC■'�"�""E"�-r `� , RAIL FENCE 1.3' �' W'15- Q 0.1' 106.22 7r :, z Q FENCE " w iiI 21,1' TO LINES , FOUND 1/2` IRON, �� OY �■ n I PIPE, NO CAP Z O 8 0 lrs) 20.6' I � � ~ I•-- .I I I O Z O o 0 62 0 cc G d J c Q rI CV � LOT 6 o Q C w "' �I I U � I O I 2L0' I I I 64,4' 20.6' f I- _105.60' I ............. t...,Al.;. City of Atlantic Beach APPLICATION NUMBER at *- Building Department (•o be assigned by the Building Department.) (� 800 Seminole Road / V d Z 6. Atlantic Beach, Florida 32233-5445 J 5.4 Phone(904)247-5826 • Fax(904)247-5845 / / '4 11 0,- E-mail: building-dept@coab.us )ate routed: 3/Ao//�!i City web-site: http://www.coab.us - APPLICATION REVIEW AND TRACKING FORM Property Address: 9/Q Q(, a tl diet p", De a artment review re.uired Yes No Building Applicant: Q —• • - rnn : Zoning _- r-- Air :oistrator Project: O '7t C _�'ot. - y / ublic U141 •- _- eeI�--,,pp`7l e Ler 'r• isSafe r Fire Services Review fee $ Dept Signature Other Agency Review or Permit Required Review or Rec�i Date of Permit Verifie,i 3y_ Florida Dept.of Environmental Protection Florida Dept.of Transportation St.Johns River Water Management District Army Corps of Engineers - Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: APPLICATION STATUS A-5 iv Sv9hf Ctl$t t?e Onl Reviewing Department First Review: Approved. ❑Denie/ (Circle one.) Comments: TT G t /,/tk/ iJc&n.f-) -o '0)—0 6 *Ate a.r ✓/le/ —he_ BUILDING pool. °Al ett D/'lv, i—chert. ).5 fit) t ct 51 10-di 5 (k e_elirokl w •j with - 'e 1,101/60 ',5 Q✓'e/ 70/l'✓/b44 /-he_60 C4e�' htc11 IS..- PLANNING &ZONING a £ vlty ,5 1 - See-1'1:1 1- f�r^arii,c vac letnl'G--ConcerP1 i',5r1GCf4 jC 11' C.U� fhu.1L/6 ..J..- V� /� • Date: 3���..� TREE ADMIN. Ih/ (U/i) i Sa R r �.' '• " . - c nd eview: Approved as revised. ❑Deni, PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: QApproved as revised. nDenied Comments: Reviewed by: Date: Revised 05/14/09 Variance Request for Ron Borders Represented by Bosco Building Contractors, Inc. 96 Ocean Blvd. 24 MARCH 2014 . _ Request ----------------------------- Mr. Ron Borders is requesting a variance on his corner lot to allow for a 6' wood fence to be five (5) feet from the property line along the side (First Street) of house approximately 63' back from front of property (Ocean Blvd.). Photos represent map and adjacent parcels. Variance Request at 96 Ocean Blvd. March 24, 201.E Map .... ________________ ____ ...._ .......... ___ .,..., . „„,... .,..,i1,.. .....„, ,,. ,, ,..„ „.. . -t. -„,-. , . ., _.x , ..... .......„ r , , :„„,, ,.....,„„,,,,,,,„..; . ,.. . .r .„,„ ,.... „.„. „,,,. .„. ..........: i R • 96 Ocear1,._•!1 v •-,;',:::: a ,..., c F` y. .n. ', * ' a • t 7 S '...'''',,,::4•! ...:; 4,:::: ' 4 W 'k.: 4t”_. r , ,� t'-'''''t.' � fits .. �A ry P ` P i -.4.';';'17'..f:^';','"::':'-.'.'om° ,T*r ..., ....,. . , ..,. . . . , . . .. , . ' ''': variance Request at 96 Ocean N.d. March 24, 2014 View from curb ________ _____ _............ 0 ...,,,7 ,...7 ,. . , _...,,,„:„.„.4,,, ,.., .r.,..,...... ____,---„, ....,,,. . ‘ ,„..\,„ ''',';.4 , ' -;-,,,,,-.',-,, _ , , . !_„:4 -1 't w �. ; ,r.A Ox. y` V. Z i'w;... �'.u'..- 40 ' fr. ` '. 1, rMe.. ...-.—,..,. n...*** ,.r sn ySij a•i .''''' ',14-- " ;#¢ 4 Ct , yjq 'Af d ` ,, ii, tr • t , Variance Request at 96 Ocean Blti-d. 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"• a to _ ''' ,-a�'`' " Variance Request at 96 Ocean Blvd. March 24, 2014 , View from curb 8 — :„. - �� �� -�,�: .� � .. �a Tiff'k J X1 „ZI - N �. -, v' k r ' `" r 3�.. 41. $�y k p - j4.r ;��_'» "`v"".i` Wim..15 +.: ag y -„,:k•: =,:....:::;;•••------'-''''''''''' " ;S -+. 1 I ` ' 5 i s j 3 :-'...!:. : : '`•:- ' -:. •', : ..f.: f '.•-` , ; ':,'j 1� y 1 i y r - s a , ti ,. , '''''::,:. t ,er".sti. '' ._ _ „��`:6C. rt�a€ro� nm:...,'i`..^`Y..: ,'wNti�„i'P,,,,,,,,,,,,,,,„,,,,,,,,,„-„,-.,,,,..„,.-4-„,,.„ i I Variance Request a° `g6 Ocean Bl d. arc 24, 2014 ,,,, View from curb _____ 9 tt 4. S m; t- a * 1 Variance Request at 96Ocean Blvd. March 24, 2014 s ,