1875 Beach Avenue 15-ZVAR-1022 PresentationRequest for a variance as permitted by Section 24-64 for an increase in allowable fence height from 6 feet as required by section 24-157(b)(1 and 2) to up to 10 feet at North Atlantic
Beach Number 2 Part of Lot 41 and 25 foot strip of land lying south thereof (aka 1875 Beach Avenue)
15-ZVAR-1022
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Site Context and Detail
RG-M (Residential General Multi-family) Zoning.
RL (Residential Low) Future Land Use.
75 Foot by 198 Foot Oceanfront Lot.
On the North Side of the 18th Street Beach Access.
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Proposed Plan
Construct a 6 foot wood fence along the southern property line that abuts the 18th Street beach access.
Portions of fence to be built on top of existing wall.
Portions of fence to be up to 10 feet tall due to topography.
New fencing to replace an existing nonconforming fence.
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Need for a Variance
Section 24-157(b)(1) states in part; “Within required side or rear yards, the maximum height of any fence shall be six (6) feet.”
Section 24-157(b)(2) states; “The height of fences shall be measured from grade at the fence location to the horizontal top rail of the fence. The use of dirt, sand, rocks, timbers
or similar materials to elevate the height of a fence on a mound or above established grade is prohibited.”
Section 24-157(a) states in part; “Nonconforming fences shall not be replaced with nonconforming fences…”
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Genesis for Variance
Fence Permit Received: Replace back half (in back yard) of existing wood stockade fence with wood stockade fence – thicker wood with cap of wood to increase stability and aesthetic.
6 feet tall.
Approved after resolution of an unrelated issue.
Building Inspector stopped by work site and issues a STOP WORK ORDER after seeing height over 6 feet during construction.
Zoning staff visited the site and verified nonconforming status of existing and new fencing due to height.
Zoning staff with Building and Zoning Director spoke with the applicant and recommended a variance if they wanted to continue construction.
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Genesis for Variance
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Existing Construction
Transition from old fencing to new fencing.
Transition from wall to grade.
End of new fencing.
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Analysis and Concerns
With the exception of the western 30 feet, the beach access is level with or below the grade of the property.
Misunderstandings or a lack of clarity during the permitting process is not a reason to grant a variance because the permit application states in part that; “I certify that no work or
installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction.”
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Similar Variances
587 Beach Avenue (Denied)
Similarities: Oceanfront lot adjacent to a beach access asking for an increase in allowable fence height due to safety and security concerns.
Differences: No public street adjacent, walk way was further from property line, height requested was 6 feet and less topographic variation.
298 Pine Street (Denied, Denied on Appeal)
Similarities: High volume of adjacent pedestrian traffic and constructed with an approved building permit.
Differences: Not on a beach access and has little topographic variation and the height requested was 6 feet and the permit approval was never resolved in writing.
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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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Neighboring Property
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