CITY OF APALACHICOLA BOARD OF ADJUSTMENT QUASI-JUDICIAL PUBLIC HEARING WEDNESDAY, MAY 28th, 2025 City Meeting Room - 74 6th Street Agenda Quasi-ludicial Public Hearing: 6:00PM Pleasesee the Summary ofi Rules of Procedure for Full Order: 1. Review & Discussion for proposed 6' fence in the "front yard" ofthe parcel located at 98 12th Street (R- 1/Historic District), more specifically described as Block 83, 84, 87, 88 Lots 1-10. Applicant is requesting approval of a 6' fence surrounding the entire perimeter within the required 'front yards'. For Apalachicola Bay Charter School - Owner; Represented By: Felipe Caquimbo Other/New Business: Outstanding/Uresolved Issues: In our continuing effort to keep the citizens ofApalachicola informed, this agenda is posted on our website at doopaachclacon prior to the scheduled meeting for public review. Additional information such as the City Land Development Code and zoning related maps, along with other development information is also available on the website fory your convenience. Please direct any questions concerning items on this agenda to Bree Robinson (850)323- 0985 or brobinson@cpvofapalachicola.com, Mayor City Manager Brenda Ash Michael Brillhart Finance Director Lee MMC Commissioners Mathes, CITY OF APALACHICOLA Anita Grove City Clerk Adriane Elliott 1831 Sheneidra Cummings Despina George Donna Duncan 192 Coach Wagoner Boulevard . Apalachicola, Florida 32320 . City. Attorney 850-653-9319 . Fax 850-653-2205 . wwwdlyolpaladhiclacom Dan Hartman Bree Robinson - City Planner 4/30/25 Board of Adjustment Public Hearing 5/28/25 @ 6:00PM City Staff Findings Background: The following variance requests items will be discussed, considered, and decided upon at the 5/28/25 BOA Public Hearing: 1. Review & Discussion for proposed 6' fence in the "front yard" ofthe parcel located at 98 12th Street (R- 1/Historic District), more specifically described as Block 83, 84, 87, 88 Lots 1-10. Applicant is requesting approval of a 6' fence surrounding the entire perimeter within the required 'front yard'. For Apalachicola Bay Charter School - Owner; Represented By: Felipe Caquimbo Advertisements giving public notice of the new request and the public hearing are being published in The Times on 5/8/25, 5/15/25, and 5/22/25. The advertisement language is within the agenda packet. The Public Notice sign is to be posted on the property by 5/9/25. The content ofthe sign is attached to this report. Citizen Input was sought out through letters sent out to abutting and nearby property owners. Feedback from the letters will be included in this report 1 week prior to the meeting and any feedback received after the deadline will be read aloud during the meeting. Citizen Input Findings: Letters were sent out to all abutting property owners or owners within 500ft. The letters sent out gave a brief overview of the request and had a form on the back for citizens to fill out ifthey were for or against the variance and for comments. Results: For: Comments: Against: 1 Letters are available for viewing at City Hall with a public records request. Applicable Code: Sec. 111-288. - In general. (a)Corner lots in residential districts are platted in such ai manner as to change the normal yard pattern along either ofthe intersecting streets. The required front yard shall be provided across the end ofthe lot fronting on the street, and a yard measuring not less than 15 feet from the lot line, shall be provided along the full length ofthe lot on the side toward the intersecting street. No portion of any principal or accessory building shall encroach upon the setbacks of either the front or side yard fronting a street. (e)Fences. (1)Requirements applying to all zoning districts and the historic district. a. Application for approval ofa any new fence or material alteration of an existing fence must be made in the same manner as for authorization of a building permit with a full description of materials to be used, dimensions and placement clearly stated on the plans. It is not necessary for a landscape architect or engineer to draw or sign and seal the plans. b. Fences shall be erected on the lot of the applicant and shall not extend into a public right-of-way. Fences may be erected within the required setback area (i.e. area between the front, side, and rear property lot lines and the front, side, and rear setback lines). C. A fence may abut but shall not be located on any property line. (2)AIl residential districts. a. Height, location, and design. 1.Ifthere are located utility electrical transformer banks, water towers or other facilities owned or leased by a public utility in residential zones which require the fencing of such for safety precautions, the responsible utility provider shall erect fences at least six feet (72 inches) in height around them. O 2.No fence or wall in excess of four feet (48 inches) in height shall be allowed in the frontyard (for corner lots, the two sides ofthe lot paralleling the two streets). 3.As required in section 11-288(b) above, front-yard fences on corner lots may not exceed two and one-half feet (30 inches) in height within 50 feet of the point ofintersection of two streets. 4.A fence extending from the side of a principal structure to the side lot line shall attach to thes structure no closer to the front lot line than where the facade (not including any covered front porch, uncovered porch, uncovered steps, and uncovered balconies) is located. These fences shall not exceed six feet (72 inches) in height. 0 5.No fence or wall in excess of six feet (72 inches) in height shall be allowed in side and/or rear, yards. These fences may begin from the rear oft the principal structure facade. 6.All fence construction, repair and replacement of any section or portion thereof must be consistent with the remaining fence on the property. The intent ofthis section is to ensure that all fencing erected on a property is uniform and consistent in construction and appearance. Sec. 111-268. - R-1 single-family residential. O (3 )Minimum building setbacks. a. Front: 15 feet. b.Side, interior lot: 7% feet each side, or any combination of setbacks on each side that equals at least 15 feet, provided that no such setback shall be less than five feet. c.Side, corner lot: 15 feet. 2 d. Rear: 25 feet for principal structures, five feet for accessory structures. (Sec. 101-61 (2)) Board of Adjustment o Variances. Variance from the terms of this Code shall be granted only ifthe variance is not contrary to the public interest and where, owing to special conditions, a literal enforcement ofthe provisions ofthis Code would result in unnecessary hardship. However, a variance may be authorized only for height, area, setback, size ofstructure, or size ofyards and open space requirements. Angmsianema.llislamdsata of miumetaatelsEADECO CH 101GEADPR ARTIIENAD DIV2PODU S101-61BOAD (Sec. 101-61 (2) d-j) Board of Adjustment o (2)Variances. Variance from the terms oft this Code shall be granted only if the variance is not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Code would result in unnecessary hardship. However, a variance may be authorized only for height, area, setback, size of structure, or size of yards and open space requirements. The board shall not issue a variance from the terms of this Code unless and until: a. An application for such variance has been received by the board, stating fully the special conditions and circumstances applying to the building or other structure or land for which such variance is sought, which conditions and circumstances must be peculiar to such land, structure or building and not apply generally to neighboring lands, structures or buildings in the same district. The application shall further demonstrate that the existing conditions and circumstances are such that the strict application ofthe provisions ofthis Code would deprive the applicant of reasonable use of said land, building or structure in the same district and permitted under the terms ofthis Code, and that the peculiar conditions and circumstances are not the result of the actions oft the applicant. No nonconforming use of neighboring lands, buildings or structures legal or illegal in the same district and not permitted use oflands, buildings or other structures in adjacent districts shall be considered as grounds for issuance of a variance permitting similar uses. b. Public notice shall be given of a public hearing and in addition, written notice shall be given to the owner or his agent and insofar as practicable, to owners ofabutting properties and other persons directly affected by the variance request. C.AlI hearings shall be open to the public and provide opportunities to any party who may wish to appeari in person, by agent or by attorney. d. The board shall find that special circumstances or conditions exist which are peculiar to the land, building or other structure for which the variance is sought and do not generally apply to neighboring lands, buildings or other structures in the same district; that strict application of the provisions of this Code would provide the applicant with no means for reasonable use oft the land, building or other structure equivalent to the use made of neighboring lands, buildings or other structures in the same district; and that the peculiar conditions and circumstances existing are not the result ofthe actions ofthe applicant. e. The board shall find that the reasons set forth in the application justify the granting ofa variance, and that the variance proposed to be granted is the minimum variance that will make possible use ofthe land, building or structure. f.The board shall find that the granting ofthe variance will be in harmony with the general purpose and intent of this Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. g. In granting any variance, the board shall prescribe any conditions and safeguards it deems necessary or desirable to ensure conformance with the standards of this Code and the Code ofOrdinances and the comprehensive plan adopted for the city. Violation of such conditions and safeguards, when made a part of the terms under which such variances was granted, shall be deemed a violation ofthis Code. h. The board may prescribe, as a condition to its granting of a variance, a reasonable time limit within which the action for which the variance was granted shall be commenced and/or completed. i. Under no circumstances shall the board issue a variance to permit a use or expand a use not generally or provisionally permitted in the district involved in the request, or any use 3 expressly or by implication prohibited by the terms of this Code in the referenced district. The board shall noti issue a variance because ofthe presence of nonconformities in the zoning district or an adjoining district. The board shall not issue a variance that would in any way increase the density upon a parcel ofl land if not generally or provisionally permitted in the district in which the parcel is located. The board shall not issue a variance which would permit the reduction of the required setback requirements along arterial and collector roads as defined in the traffic circulation element oft the city comprehensive plan. j. The board shall find that the granting ofthe variance will not confer on the applicant any special privilege that is denied by this Code to other lands, buildings or structures in the same district. Alpmminkmm.llaisislsiass of rdmancsmoesPl4D ECO CH101GEADPR ARTIIENAD DIV2PODU $101-61BOAD Staff Commens/ecommemditions The applicant applied for P&Z: approval first - the P&Z Board was not able to approve a variance to the LDC, SO they approved this application contingent upon a variance being granted for the 6' height all around the perimeter (in the required front yards). Nonconforming fences, which is what the former 6' fence became when the current Fence ordinance by the City Commission was adopted, can be repaired, but when the repairs surpass 50% then the entirety of the fence must come into compliance. As the ABC School is replacing the entirety of the fence they either had to meet the current LDC (limited to 4) or request a variance for the 6' height. Minimum/No Variance Options: The City code speaks to granting the minimum variance that will make possible use ofthe land, building or structure. The City Code also speaks to reasonable use. In this case, the applicant maintained a 6' fence around the perimeter oft the school prior to the new fence ordinance. The new ordinance made the 6' fence a nonconforming structure and the need for more than 50% repairs created a situation where the replacement must meet current code. The current fence ordinance makes exceptions for "utility electrical transformer banks, water towers or other facilities owned or leased by a public utility in residential zones" for six-foot fences for safety reasons, but does not offer the same exception to schools, which is a Special Exception uses in R-1. The BOA must decide ifthis request is approvable. ) Minimum Variance: The request is already minimal, as they are requesting an extra 2' of height to the allowed fencing height. As this parcel functions as a school, iti is a special circumstance that is 'peculiar' to surrounding properties in the same zone and the circumstances are not the fault oft the applicant. No Variance: Applicant would only be allowed to place a 4' fence on all street facing property lines. Staff Recommendation: It is staff's opinion that this request is not injurious to the neighborhood or otherwise detrimental to the public welfare in any way. Attachments: Advertisement in The Times Public Notice Signs Posted on Site Application Packet Submitted 4 Tw Mmas - Ad NOTICEOEPUBLIC HEARING-BOARD OE ADJUSTMENT CITYOF APALA- CHICOLA, FLORIDA The Apalachicola Boardo ofA Adjustment willl holdar Public Hearing on Wednes- day, May 28TH, 2025 at 6:00PMI in theCity Meeting! Room,7 746 6th Street, Apalachicola, Floridat toa addresst the followingy variance quests andreceive comments relating top proposed changes the parcels! listed BE decision will immediatelyf follow. The following vari- ance requests items willl be discussed, con- sidered, and decided upon: 1. Proposed 6' fencei int the "front oft ther parcel bed ats 98 12th Street (R-1/Histor- icDistrict), more specifically described asE Block83,84,87,88 Lots 1-10. Applicant is requesting approval ofa6 6'f fence sur- rounding the entire perimeter withint the required" 'front yard". For Apalachicola Bay Charter School. The Apalachicola LandDevelopment Code allows for vari- ance when special cirçumstances, con- ditions and/or undue hardships are deter- mined. All interested parties aree encouraged toa attenda and! bel heard with respect to this request. For further information, contact the City Planner, Bree Robinson, at8 850-323- 0985 orb brobinson@ cityofapalachicola. com. May 8,1 15,22,2025 ###### % 1413 1 Official Use Only Date Received: 4/1/25 Mceting Date: 5/28/25 City ofApalachicola Board ofAdjustment a Fees Due: $1,600 Application for Variance Date Fees Paid: 4/23/25 OWNER INFORMATION REPRESENTATIVE INFORMATION (fapplicable) Owner APALACHICOLA BAY CHARTER SCHOOL Name FELIPE CAQUIMBO Address 98 12TH STREET Email FCAQUIMBOQABCEAGLES.ORG City. APALACHICOLA State FL Zip. 32320 Phone 850-666-3474 Phone 850-653-1222 EXT: 17 PROPERTY INFORMATION Street Address (911 Address): 98 12TH STREET City & State: APA Zip: 32320 Parcel ID p1-0 99 8W 0- 008 01 midiogis, 83, 84, 87, 88 Lot: 1 TRHU 10 Zoning District. 95-08W-8330:0088: R-1 ar Use 995.08V-830083.0010 Ix ] Historic District L Non-Historic District FEMA Flood Zone: X Acreage/Square Footage of Property: 267,816.15 SQFT REQUEST STATEMENT: (State your variance request in one sentence.) THE CURRENT FENCE ISI DAMAGED AND IS PRESENTING AS SAFETY ISSUE TO THE STUDENTS AND STAFF OFFICIAL USE ONLY Public Notice: > Letters Sent > Signs Posted aydn > Advertisements STAFF NOTES/RECOMMENDATIONS: Stale veyoa Fee Schedule: Quasi-Judicial Variance Requests $1,600.00 NOTE: Fees fore application of a Variance Request are due at time of application and are non-refundable this includes denied applications. This is a basic application provided through the City based on our Land Development Code (LDC.) Please be aware thal other documentation may he required by City Stafl. 1 CERTIFICATION By signing below, I certify that the information contained in this application is true and correct to the best ofr my knowledge at the time of application. I acknowledge that I understand and have complied with all ofthe submittal requirements and procedures and have read and understand the following: 1. I/We hercby attest to the fact that thc above supplied property address(es), parcel numbers(s), and legal description(s) is(are) the true and proper identification of the area ofthis petition. 2. I/We authorize staff from the City of Apalachicola to enter the properly in question during regular business hours in order to take photos which will be placed in the permanent file. 3. I/We understand that the application fee is due at the time of: application submission, the payment is nonrefundable, and that payment does not guarantee a successful request. 4. I/We understand that the Board of Adjustment is the authority on all variance requests. The Board of Adjustment reserves the right to table a decision and request more information from the applicant. 5. I/We understand that the COA review time period will not commence until the application is deemed complete by staff and may take up to 30 business days to process. I further understand that an incomplete application submittal may cause my application to be deferred to the next available meeting date. 6. I/We understand that an agenda and staff report (ifa applicable) will be available on the City's website approximately one week before the Board of Adjustment meeting, 4hi/z5 Dmhakk DATE SIGNATURE OF APPLICANT 2 NATURE OF PETITION Provide a detailed explanation ofthe request including what structures are existing and what is proposed; the amount ofthe encroachment proposed using numbers, i.e. reduce front setback from 2'to 18; when property owner purchased property; when existing principal structure was built (including building permit numbers if possible), why encroachment is necessary; how existing encroachment came to be; etc. The project consists of the demo/removing of the existing perimeter and interior six (6) feet height galvanized steel chain-link fence, posts/top rails, tension wire, gates and footers, and haul away, Installation of temporary security fencing to ensure kids and staff safety. Installation of approximately 3,033 linear feet of nine (9) gauge wire commercial grade galvanized steel chain-link fence fabric with mesh size two (2) inch opening. Exterior fence 2,273 linear feet six (6) feet height and interior fence of 760 linear feet of four (4) feet height with schedule 40 pipe terminal posts, gate posts, concrete footer, 15/8" top rails, tension wire and security ties. 3 Please note that the Board of Adjustment shall be guided in its determination to approve or deny a variance request by the below listed criteria. Please address these criteria using additional pages if necessary, 1. Are there existing special conditions and circumstances which are peculiar to the location, size and characteristics ofthe lot, structure, or building involved and which are not applicable to other lots, structures, or buildings in the same zoning district? We are a Public Charter School located in the heart of Apalachicola: the school was built in 1947 and added new structures later in 1978. The city residential area grew around the school. 2. Are there special conditions and circumstances which do not result from the action ofthe applicant such as pre-existing conditions relative to the property which is subject of the variance request? The site perimeter, which is the part of the school grounds that contacts the street and adjacent property, defines the initial Limpression ofaschool. How aschool's site design responds to its immediate surroundings. is evidentinits treatmentofits perinelarandedges-These edges communicate to the public mesagesofacessiiy or inaccessibility 4 3. How will literal interpretation of the provisions of the Land Development Code work unnecessary and undue hardship on the applicant or deprive the applicant of rights commonly enjoyed by other properties in the same zoning district? The location of a school and its relationship to its immediate. surroundings is critical in evaluating safety and security concerns. W/hile there is evidence showing that, by-andHarge, schoels and-community college campuses tend tobe safer places than the neighborhoods in which they are located, crime rates and types of crimes In schools nevertheless are affected by their surrounding environment. 4. What is the minimum variance that will make possible the reasonable use ofthe lot, building or structure and which promote standards ofhealth, safety, or welfare? For school fences, a minimum height of 6 feet is generally recommended to deter climbing. However, for improved security a fence height of 8 feet or more is often considered best practice, especialylfanticimb 6 features aren'tincluded. 5 5. How will granting the variance request not confer on the petitioner any special privilege that is denied by these zoning regulations to other lots, buildings, or structures in the same zoning district? Granting a variance would not confer a special privilege due to the governmental (Federal, State and Local) guidelines the schools have to follow to achieve safety and security due to unique circumstances of the property, and the variance is the minimum necessary to address the issue without significantly altering the character of the zoning district or causing harm to neighboring properties. The goal is to ensure the variance aligns with the overall intent and purpose of the FDOE regulations, preventing undue hardship while maintaining consistency with the surrounding area. 6. How will granting the variance be in harmony with the intent and purpose ofthe Land Development Code a non-injurious to the neighborhood or otherwise detrimental to the public welfare? Granting a variance should align with the Land Development Code's-purpose. by ensuring the change doesn'tnegatively impact the neighborhood or public welfare. Itshould alsobeinharmony with the general intent of the code, minimizing any negative effects on the community and promoting the overall public good. 6 7. How will granting the variance be consistent with the Land Development Code? Granting the zoning variance for the school fence height is consistent for maintaining the safety and security of the school grounds perimeter mandated. by the State and-allows the property to beusedinawaymot. otherwise permitted by the zoning regulations, butonlyunderspeciie circumstances-and conditions. 8. Pleasc provide any other information which may be necessary for the Board of Adjustment to make an informed decision on this matter. Maximizing natural surveillance opportunities onto school grounds from surrounding areas, controlling access into and-outofthe campus, increasing, whenever possible,the sense ofownership that students, staff, and neighbors have in the school, clearly demarcating boundaries and spaces, minimizing undefined and "unowned" spaces, properly maintaining the property and grounds SO that strong signals are sent that "someone cares about this place," ) and locating campus facilities and activities SO that they are compatblewinadacen. off-site land uses and activities 7 AFFIDAVIT We/l, first swom, Kvvin Elizabelh being duly depose and say that we/l am/are the owners ofthe property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure ofinterest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my/our knowledge and belief. We/l undersland that the information requested on this application must be complete and accurate and that the content ofthis form, whether computer generated, or City printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner(s), we/l further authorize Frlipe to act as our/my representative in any matters this Caquinbe regarding Pelition. Ornblh Knu Signature of Property Owner Signature of Property Owner Elinblh Kirvh Typed or Printed Name of Owner Typed or Printed Name ofOwner STATE OF FLORIDA COUNTY OF L The foregoing instrument was acknowledged before me this 21 day of 2025ay who is to me or April Elizahelh Kirviq personally knowi has produced as identification. 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