1639 Sea Oats Drive ZVAR19-0009 Staff ReportCITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.A
CASE NO. ZVAR19-0009
Variance to increase the maximum fence height allowed in front yards from 4
feet to 6 feet to allow a 6 foot fence in the front yard of a double frontage lot.
LOCATION 1639 Sea Oats Drive
APPLICANT Jennifer Collier
DATE May 2, 2019
STAFF Brian Broedell, Planner
STAFF COMMENTS
The applicant is Jennifer Collier, the owner of 1639 Sea Oats Drive. This lot extends from Sea Oats Drive
on the west to Seminole Road on the east, making this a “double frontage lot.” Section 24-84 of the Code
states that “On double frontage lots, the required front yard shall be provided on each street…” and Section
24-157 limits fence heights to 4 feet in required front yards. The front yard is defined as the area extending
across the full width of the lot, extending from the front lot line to the 20 foot front building setback. This
means that the maximum fence height within 20 feet of both lot lines with street frontage is 4 feet.
The applicant is proposing to install a 6 foot fence along the eastern lot line (Seminole Road side, which
functions as the rear lot). However, since both the western and eastern sides of this lot are considered front
yards by Code, the proposed fence would exceed the maximum 4 foot height allowed.
Proposed 6 foot fence
(alowed)
Required
front yards
µ
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 stated the front of the homes on her block face Sea Oats Drive and the backyards of
the homes on her block also have frontage on Seminole Road.
(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.
The applicant stated that homes on this block have consistently had 6 foot fences in their backyards
along Seminole Road since the early 1980s. Due to the ordinance changes or enforcement since then,
a variance is now required to replace the fence at 6 feet versus 4 feet.
(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 ZVAR19-0009, request for a
variance as permitted by Section 24-64, to increase the maximum fence height allowed in front yards from
4 feet to 6 feet to allow a 6 foot fence in the eastern front yard of a double frontage lot, 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 ZVAR19-0009, request for a
variance as permitted by Section 24-64, to increase the maximum fence height allowed in front yards from
4 feet to 6 feet to allow a 6 foot fence in the eastern front yard of a double frontage lot, 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 disc retion, 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.