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331 7th Street ZVAR Staff Report 04.18.2006AGENDA ITEM 5.a. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT April 18, 2006 Public Hearing To: Community Development Board From: Planning, Zoning and Community Development Department Date: April 12, 2006 Subject: Request for interpretation Applicant: Gil Phillips 331 Seventh Street Atlantic Beach, Florida 32233 Request: Request from Gil Phillips to consider the Third Street side of a lot as the front of the lot (corner lot) rather than the Sherry Drive side for property at 390 Third Street. Existing Zoning: RS-2 Future Land Use: Residential, Low Density Surrounding Zoning: RS-2 (Please note that this request is not an application for Zoning Variance, but the Applicant has used the variance application form to provide information related to the request.) April 12, 2006 Gil Phillips 331 7th Street Atlantic Beach, Florida 32233 Re: April 18th meeting of the City of Atlantic Beach Community Development Board Dear Mr. Phillips: Please be advised that your application for a Variance will be considered by the Community Development Board at their meeting on Tuesday, April 18, 2006 at 7:00 pm. The meeting will be held in the Commission Chambers located at City Hall. An agenda is enclosed. You should be aware that failure to be present at this meeting to represent your application may result in the denial or delay of action on your application. Please call 247-5817 to confirm your plans to attend the meeting. (You may leave a voice mail message.) Sincerely, Sonya B. Doerr, AICP Community Development Director Enclosures 2 STAFF COMMENTS The property owners have requested that the Third Street side of this corner lot be considered as the front of the lot for the purpose of fence location, which if approved would permit a six-foot high fence 10-feet from the Sherry Drive property line and a 4-foot fence on the Third Street property line or a 6- foot high fence 10-feet from the Third Street property line. The property has been developed with the front of the residence oriented to Third Street. Staff has no objection to the request, however, the applicant is advised that since this is a corner lot, final approval of any fence location and issuance of a Fence Permit will be subject to review and approval by the Public Safety Department to confirm no interference with clear vehicular sight distance at the Sherry Drive / Third Street intersection. Lot, Corner shall mean a Lot abutting two (2) or more Streets, or at a Street intersection or at a Street corner having an interior angle not greater than one hundred thirty-five (135) degrees. The exterior Lot Line of the narrowest side of the Lot adjoining the Street shall be considered the front of the Lot. The exterior Lot Line of the longest side of the Lot abutting the Street shall be considered as a side of the Lot and shall have a minimum Required Side Yard of fifteen (15) feet. The opposite side Yard and the rear Yard shall conform to the minimum Yard requirements of the Zoning District in which the property is located. Sec. 24-157. Allowable Height of Fences and Walls. (c) On Corner Lots, no fence, wall or Landscaping, exceeding four (4) feet in height, shall be allowed within ten (10) feet of any Lot Line which abuts a Street, provided however, that clear vehicular and pedestrian sight distance shall be maintained at any Street intersection. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to approve this request from Gil Phillips to consider the Third Street side of a lot as the front of the lot (corner lot) rather than the Sherry Drive side for property at 390 Third Street, finding that the request is not in conflict with the purpose and intent of these Land Development Regulations. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to deny this request from Gil Phillips to consider the Third Street side of a lot as the front of the lot (corner lot) rather than the Sherry Drive side for property at 390 Third Street, finding that the request is conflict with the purpose and intent of these Land Development Regulations because _______________________.