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Board of Adjustments approves 8‑foot fence variance for property next to Egan's Creek Park
Summary
The Fernandina Beach Board of Adjustments voted 4‑1 to grant a variance allowing an 8‑foot chain‑link fence on the Burnett property at 104 North Wolf Street, citing repeated trespassing and staff findings that the variance met required criteria; the fence will also require a building permit under the Florida Building Code.
The Fernandina Beach Board of Adjustments voted 4‑1 to approve a variance allowing an 8‑foot chain‑link fence along the southern boundary of 104 North Wolf Street, a single‑family lot that borders Egan's Creek Park.
Planner Mia Sadler presented the staff recommendation for BOA case 20260001, saying the property is zoned R‑1 and that the requested 8‑foot fence departs two feet from the 6‑foot height limit in LDC table 50110(a). Sadler told the board staff found the application met the six variance criteria — special conditions, minimum variance, general harmony and public interest among them — and recommended approval.
"The property here shares a boundary with Egan's Creek Park," Sadler said, noting staff observed other chain‑link fences in the neighborhood and that the proposed fence would be shielded by vegetation. She also noted that recreation‑zoned land can permit taller fences — up to 12 feet — along similar property lines.
Applicant Hayward Burnett told the board people regularly walk through his yard from the park, have camped on his dock and that police had been called to the property on multiple occasions. "I've had multiple people wind up on my dock coming through there," Burnett said. "It's a security issue — a 6‑foot fence is easier to jump than an 8." He asked the board to approve the taller fence to deter trespassing.
Several board members questioned whether an 8‑foot fence was necessary. One member said 8‑foot fences are rare in the city and argued that compliance with the 6‑foot standard typically provides adequate security. Board members also asked staff to confirm whether documented police reports supported the applicant's account; Sadler said there had been multiple police calls for intrusions but clarified there was no existing fence on the property.
After deliberation, a motion to deny the variance failed. A subsequent motion to approve BOA case 20260001 passed on a roll‑call vote: Member Johnny Miller — yes; Member Barry Hertzlett — yes; Member Fred Johnson — yes; Vice Jerilyn Krieger — no; Chair Steven Packie — yes. The board's approval requires the applicant to obtain a building permit for the fence, which Sadler said would subject the work to the Florida Building Code.
The board and staff said they would follow up with the applicant on permit steps and documentation. The board also noted that, while rare in residential areas, taller security fences are permitted in certain commercial or recreational zones under the land development code.
The decision is subject to the board's written findings of fact and may be appealed to circuit court within 30 days, per the quasi‑judicial procedures discussed at the hearing.
