|City Council Meeting
City of DeBary
Subject: FP&L Fence Variance
From: Matt Boerger, Growth Management
Meeting/Hearing Date: January 4, 2017
( ) Ordinance
( ) Resolution
( ) Supporting Documents/Contracts
The applicant, Sterling Enterprise on behalf of Florida Power and Light, has requested approval of a variance, Case #17-01-VAR-FPL from Section 5-62(b) of the Land Development Code stating, any fence with barbed wire must be set back at least three (3) feet from the right-of-way. The applicant has provided the following as a statement of hardship (1) safety due to topography, (2) conflict with subsurface infrastructure, (3) relocation shall result in the need for ramps and access ways which shall interfere with the traversing of large equipment, and (4) relocating the fence will place it across the intake and discharge canals of Lake Konomac.
Findings of Fact
The requested variance will allow for approximately 1,300 linear feet of black coated chain fencing, topped with barbed wire, and abutting Fort Florida Road. The improved fencing will replace the existing, uncoated chain link fence, topped with barbed wire, and shall be placed in the same location.
The City of DeBary Planning Department has reviewed the applicant’s request for consistency with Land Development Code Section 1-8 Variances, and has found the proposed variance is consistent with the LDC intention for variance critereon. As delineated within the City Land Development Code, particular physical surroundings; shape topographical conditions, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of regulations were carried out (LDC, Section 1-8(3)(a). Therein, the applicant has satisfied the City requirements for variance approval by demonstrating a particular hardship.
Approve Case #17-01-VAR-FPL alowing for a variance from the land development code which permits for the proposed location of a new security fence.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other