400 Levy Road 17-ZVAR-461 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO 17-ZVAR-461
Request for a variance as permitted by Section 24-64, to increase the maximum
fence height from 4 feet in the front yard and a side yard adjacent to a street
on a corner lot as required by Sections 24-157(b)(1) and 24-157(c)(1) to 8 feet
to allow an 8 foot fence along the 14th Street West front and Hibiscus Street
side property lines at Section “H” Block 252 Lots 1 to 5 (aka 400 Levy Road).
LOCATION 400 Levy Road
APPLICANT Atillio Cerqueira
DATE April 4, 2017
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
The applicant is Atillio Cerqueira, the owner of 400 Levy Road who rents the property to a tenant. The
property is a double frontage lot with frontage on Levy Road and West 14th Street and is also a corner lot
with frontage on Hibiscus Street within the Commercial General (CG) zoning district. There is an existing
one story commercial structure on the property located closer to Levy Road. The applicant would like
permission to have an 8 foot wood fence on the property lines along West 14th Street and the southern
portion along Hibiscus Street.
A variance is required from two sections of the code in order to build an 8 foot fence on the property lines
along West 14th Street and Hibiscus Street. The first section is Section 24-157(b)(1) that limits the
maximum height of a fence in a front yard to 4 feet. The proposed fence height doubles the maximum
height allowed. For clarity, Section 24-84 requires that the required front yard be provided on each street
where a lot has frontage on two non-intersecting streets. This would mean there is a front yard on both
Levy Road and West 14th Street. The required front yard is the area within the first 20 feet from the
property lines along Levy Road and West 14th Street.
The second section of the code requiring a variance is Section 24-157(c)(1) that limits the maximum height
of a fence within 10 feet of a side property line on a right-of-way 50 feet wide or less to 4 feet. The right-
of-way on Hibiscus Street is 50 feet wide. The proposed fence height on the property line doubles the
allowable height.
The fence has already been constructed and is subject to code enforcement action if this variance is not
approved. The fence was constructed by the applicant after another code enforcement case on the property
for a use of the property not permitted in the CG zoning district. That use was the outside storage of
commercial vehicles and equipment in the open area near West 14th Street. The applicant built the fence
to screen the outside storage and other violations on the property.
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One important thing to consider is that this fence is located on a corner lot with streets along two sides of
the fence. This has the potential to cause visibility issues at the intersection. Section 19-5 provides sight
distance requirements at intersections. The code calls for defined areas to be clear of obstructions based
on speed as shown in different figures. These streets have 25 mile per hour speed limits and the diagram
for that speed calls for those stopped at the stop bar to be able to see 115 feet in both directions down the
cross street. The image below shows an approximation of the fence location and a 115 foot sight line. A
portion of the fence will clearly obstruct the 115 foot required sight line. Even if the variance is approved
as presented, the fence would still be in violation of this code requirement and require a waiver from the
City Commission. A waiver is required because Chapter 19 is outside the applicability of a variance.
Page 3 of 4
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.
The applicant stated in their application that they need the fence to screen their equipment on the
commercial property.
(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.
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REQUIRED ACTION
The Community Development Board may consider a motion to approve 17-ZVAR-461, request to
increase the maximum fence height from 4 feet in the front yard and a side yard adjacent to a street on a
corner lot as required by Sections 24-157(b)(1) and 24-157(c)(1) to 8 feet to allow an 8 foot fence along
the 14th Street West front and Hibiscus Street side property lines at Section “H” Block 252 Lots 1 to 5
(aka 400 Levy Road), 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 17-ZVAR-461, request to increase
the maximum fence height from 4 feet in the front yard and a side yard adjacent to a street on a corner lot
as required by Sections 24-157(b)(1) and 24-157(c)(1) to 8 feet to allow an 8 foot fence along the 14th
Street West front and Hibiscus Street side property lines at Section “H” Block 252 Lots 1 to 5 (aka 400
Levy Road), 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.