1861 Sea Oats Drive ZVAR18-0010 PresentationRequest for a variance as permitted by Section 24-64, to increase the allowable fence height from 4 feet as required by Section III(D)(4) of the Selva Marina Unit 9 PUD to 6 feet at
Selva Marina Unit 9 Block 1 Lot 20 (aka 1861 Sea Oats Drive).
ZVAR18-0010
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Site Context and Detail
Planed Unit Development (PUD) Zoning.
Selva Marina Unit 9
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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: 30 feet
Sides: 15 feet
REAR
FRONT
SIDE
SIDE
30’
30’
15’
15’
Dwelling Zone
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Analysis and Concerns
Selva Marina 9 PUD
Approved in 1976.
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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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, protected trees or other significant environmental resources.
The general health, welfare or beauty of the community.
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