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1946 Beachside Court ZVAR18-0020 Staff Report 12.10.2018CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. ZVAR18-0020 Request for a variance as permitted by Section 24-64, to increase the maximum length allowed for a privacy screen/wall and to decrease the required side yard setbacks for a privacy screen/wall from 15 feet to 0 feet at 1946 Beachside Court. LOCATION 1946 Beachside Court APPLICANT Sheila Powers DATE December 10, 2018 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant has requested that this item be deferred to the next Community Development Board meeting on January 15, 2019 due to a scheduling conflict. The applicant is Sheila Powers, the owner of 1946 Beachside Court. In May of this year, a “stop work order” was placed on the property by one of the city’s building inspectors for replacing a fence without a permit. At the time of the “stop work order”, a 6 foot fence with 2 feet of open lattice attached to the top of it was already installed along the entirety of the rear lot line and portions of both side lot lines. The applicant then applied for a permit to keep the existing 6 foot fence with 2 feet of open lattice but was denied for exceeding the maximum 6 foot height allowed for fences in side and rear yards, as restricted by Section 24-157(b). The applicant has expressed that the intent of the fencing and lattice is to create privacy in their backyard, which is limited due to the raised elevation of the neighboring property behind the applicant’s. Section 24-157(d) of the city code allows vertical structures intended for privacy such as trellises, screens, partitions or walls up to 8 feet in height and 12 feet in length, provided such structures are not located in the front yard and meet applicable side yard setbacks. The applicant is requesting a variance from this section to allow for a privacy screen that is longer than 12 feet and does not meet the applicable side yard setbacks. Page 2 of 3 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. The applicant states that deck in the backyard of the property behind them is approximately 9 feet, 6 inches off the property line and elevated approximately 4 feet from grade. The applicant states that this results in no privacy in the backyard for the applicant. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant states that the deck on the property to the rear, 1949 Seminole Road, is constructed within 9 feet, 6 inches of the property line and violation of the 20 foot rear setback, resulting in no privacy for the applicant. (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. Page 3 of 3 REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR18-0020, request for a variance as permitted by Section 24-64, to increase the maximum length allowed for a privacy screen/wall and to decrease the required side yard setbacks for a privacy screen/wall from 15 feet to 0 feet at 1946 Beachside Court (Lot 26, Block 1, Beachside), 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 ZVAR18-0020, request for a variance as permitted by Section 24-64, to increase the maximum length allowed for a privacy screen/wall and to decrease the required side yard setbacks for a privacy screen/wall from 15 feet to 0 feet at 1946 Beachside Court (Lot 26, Block 1, Beachside), upon finding this request is not consistent with the definition of a variance, 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.