1880 George Street ZVAR18-0021 Staff Report CDBCITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. ZVAR18-0021
Request for a variance as permitted by Section 24-64, to increase the maximum
fence height allowed in front yards from 4 feet to 6 feet to allow a 6 foot fence
in the western front yard of a double frontage lot.
LOCATION 1880 George Street
APPLICANT Ruthie Wilcher Cody and Allen J. Cody III
DATE January 3, 2018
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicants are Ruthie Wilcher Cody and Allen J. Cody III, the owners of 1880 George Street which
consists of two platted lots of record. The southern lot has an existing single family home while the
northern lot is currently vacant. Both lots have frontage on both George Street on the east and Park Street
on the west, making them “double frontage lots” as defined by the City’s Code. Section 24-84 of the Code
states that “On double frontage lots, the required front yard shall be provided on each street…” The
required front yard is defined as the area extending across the full width of the lot, extending from the
front lot line to the 20 foot front building setback.
The applicant is proposing to install a 6 foot fence on the northern, vacant lot along the western and
northern lot lines. However, Section 24-157 limits maximum fence heights in front yards to 4 feet. Since
both the western and eastern sides of this lot are considered front yards, the proposed fence would exceed
the maximum height allowed.
Proposed 6 foot fence
(alowed)
Required
front yards
Variance
requested
for section
in red
Page 2 of 3
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.
The applicant stated that people are constantly walking across their property to George Street or to
the Donner Park and are littering on their property. A 6 foot fence would prevent trespassers from
entering their 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.
Page 3 of 3
REQUIRED ACTION
The Community Development Board may consider a motion to approve ZVAR18-0021, request for a
variance as permitted by Section 24-64, to increase the maximum fence height allowed in front yards from
4 feet to 6 feet to allow a 6 foot fence in the western front yard of a double frontage lot, 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 ZVAR18-0021, request for a
variance as permitted by Section 24-64, to increase the maximum fence height allowed in front yards from
4 feet to 6 feet to allow a 6 foot fence in the western front yard of a double frontage lot, upon finding this
request is not consistent with the definition of a variance, 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:
(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.