1799 Sea Oats Drive ZVAR-2001-05 Staff Report
COMMUNITY DEVELOPMENT STAFF REPORT
December 18, 2001 Public Hearing
ZVAR-2001-05, Daniel R. Cantrell
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: December 04, 2001
Subject: ZVAR-2001-05
Applicant: Daniel R. Cantrell
1799 Sea Oats Drove
Atlantic Beach, Florida 32233
Requested Change: Variance to allow a six-foot high fence, which is elevated on a berm
resulting in a fence height of approximately eight feet, to remain along
rear and side property lines of a lot within the RS-1 Zoning District, on
property located as 1799 Sea Oats Drive.
Location: 1799 Sea Oats Drive (southeast corner of Sea Oats Drive and Saturiba
Drive)
Existing Zoning: Residential, Single-family (RS-1)
Future Land Use: RL (Residential, Low Density)
Surrounding Zoning: RS-1 and PUD
Surrounding Land Use: Single-family residential.
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STAFF COMMENTS AND RECOMMENDATION
The applicant has requested this Variance to allow an existing six-foot high wooden fence, which is
elevated to height of approximately eight feet to be remain in place around rear and side property
lines of the lot. The Applicant has provided that the additional fence height is needed to provide
privacy and to mitigate noise impacts and glare from vehicle lights resulting from traffic on
Seminole Road.
Section 24-157 of the Zoning and Subdivision regulations limits the height of a fence at any point
to six feet. The elevation of this fence on a dirt mound has resulted in a fence height that exceeds
the six-feet above grade height limitation. Staff cannot support approval of this request in that there
do not appear to be practical difficulties or unnecessary hardships in complying with Section 24-157.
Further, there do not appear to be conditions or circumstances that are peculiar to this parcel, which
are not applicable to other parcels in this area, and granting of this Variance would confer a special
privilege to this applicant that is not conferred to other surrounding property owners.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to deny a Variance to allow a
wooden fence to remain in place at a height exceeding six (6) feet above the average grade
along rear and side property lines within the RS-1 Zoning District on property located at 1799
Sea Oats Drive, provided:
(Provide findings of fact similar to the following.)
1. There are no special conditions or circumstances which are peculiar to this land that are not
applicable to other land or structures in the same Zoning District or in the general area.
2. The circumstances resulting in this request are created by actions of the applicant.
3. Granting of this variance will confer to this applicant special privileges that are denied to other
lands, buildings or structures in the same Zoning District.
4. Literal interpretation of the provisions of the Zoning and Subdivision Regulations for the City of
Atlantic Beach will not deprive the applicant of rights commonly enjoyed by other properties in
the same zoning district under the terms of said regulations and do not result in an unnecessary
hardship to this applicant.
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SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to approve a Variance to allow a
wooden fence to remain in place at a height exceeding six (6) feet above the average grade, not
to exceed eight (8) feet above the averaged grade, along rear and side property lines within the
RS-1 Zoning District on property located at 1799 Sea Oats Drive, provided:
(Provide findings of fact similar to the following, and attach conditions as may be appropriate.)
1. There are special conditions or circumstances which are peculiar to this land that are not
applicable to other land or structures in this Zoning District or in the general area because ___.
2. The circumstances resulting in this request are not created by actions of the applicant.
3. Granting of this variance will not confer to this applicant special privileges that are denied to
other lands, buildings or structures in the same Zoning District because
____________________.
4. Literal interpretation of the provisions of the Zoning and Subdivision regulations for the City of
Atlantic Beach will deprive the applicant of rights commonly enjoyed by other properties in the
same zoning district under the terms of said regulations and will result in an unnecessary
hardship to this applicant because ________________________________________________.
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