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1861 Sea Oats Drive ZVAR18-0010 Staff Report CDB CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. ZVAR18-0010 Request 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). LOCATION 1861 Sea Oats Drive APPLICANT John Halverson DATE June 4, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is John Halverson, the owner of 1861 Sea Oats Drive. 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 along the side property lines as highlighted in the site plan below. 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 9 PUD and plat. The PUD was approved in 1976 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) They shall not exceed four (4) feet in height.” The dwelling zone is defined by setbacks of 30 feet in the front and rear and 15 feet in each side yard. When reading the Covenants, there are several references to a Special Advisory Planning Board that is required to grant approvals in the PUD. However, like with similar recent variance requests in the Selva Marina PUDs, it appears that this board no longer exists. The Covenants then defer responsibilities to the Page 2 of 3 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. 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. 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. The applicant stated in their application that there is an existing 6 foot fence on the property and that all their surrounding neighbors also have 6 foot fences. (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 ZVAR18-0010, request 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), 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 ZVAR18-0010, request 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), upon finding this request is not consistent with the definition of a variance 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.