5-2-24 CESM Agenda
City of Atlantic Beach
Agenda
Code Enforcement Special Magistrate Meeting
Thursday, May 2, 2024 - 2:00 p.m.
City Hall, Commission Chamber
800 Seminole Road, FL 32233
Page(s)
1. CALL TO ORDER
2. APPROVAL OF MINUTES
2.A.
Approve minutes of the March 7, 2024 regular meeting of the Special
Magistrate.
3-7-24 Code Enforcement Special Magistrate Draft Minutes
3 - 4
3. ADMINISTRATION OF OATH
4. OLD BUSINESS
4.A.
CASE: 23-038
NAME: ROBERT JOSEPH WILLIAMS JR
ADDRESS: 67 CORAL ST
CE 67 Coral St Case #23-038
Case Details 23-038
5 - 60
4.B.
CASE: 24-014
NAMR: ROBERT SCHLENOFF
ADDRESS: 1094 STOCKS STREET (VIOLATION IS IN RIGHT OF WAY NEXT TO
ADDRESS)
Case Details 24-014
CE 1094 Stocks St Case #24-014
61 - 80
5. NEW BUSINESS
5.A.
CASE: 24-004
NAME: CLIFFORD WILSON DUNLOP LIFE ESTATE
ADDRESS: 338 PLAZA
Case Details 24-004
CE 338 Plaza Case #24-004
81 - 108
5.B.
CASE: 22-096
NAME: MITCHELL SKAFF, CONNER MILLSAPS
ADDRESS: 1110 SCHEIDEL CT
Case Details 22-096
CE 1110 Scheidel Ct Case #22-096
109 - 171
Page 1 of 171
Code Enforcement Special Magistrate - 02 May 2024
6. ADJOURNMENT
* Homesteaded Properties
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, visit
www.coab.us/live.
If any person decides to appeal any decision made by the Code Enforcement Special
Magistrate with respect to any matter considered at any meeting, such person may need a
record of the proceedings, and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, including the testimony and evidence upon which the appeal is to
be based.
In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida
Statutes, persons with disabilities needing special accommodation to participate in this
meeting should contact the City Clerk's Office not less than three (3) days prior to the date of
this meeting at (904) 247-5800 or 800 Seminole Road.
Page 2 of 171
Code Enforcement Special Magistrate
March 7, 2024
MINUTES
Code Enforcement Special Magistrate Meeting
Thursday, March 7, 2024 - 2:00 PM
City Hall, Commission Chamber
800 Seminole Road, FL 32233
Present: Suzanne Green, Special Magistrate
Angela Irizarry, Code Enforcement Officer
Donna Bartle, City Clerk (CC)
1. CALL TO ORDER
Magistrate Green called the meeting to order at 2:00 PM.
2. APPROVAL OF MINUTES
A. Approve minutes of the January 4, 2024 regular meeting of the Special Magistrate
meeting.
The minutes were approved as submitted.
3. ADMINISTRATION OF OATH
Magistrate Green administered the Oath to the attendees, staff and respondents.
4. OLD BUSINESS
A. CASE # 23-088
NAME: 1400 MAYPORT ROAD LLC
ADDRESS: 1400 MAYPORT ROAD
Testified: CE Officer Irirzarry
Respondent: 1400 Mayport Road LLC was not present.
Action: The Respondent shall forthwith make application for a permit to come into
compliance with the building sign violation. The Respondent has thirty (30) days from
the date of this Order to come into compliance. Failure to do so will result in a fine of
Two Hundred and Fifty and 00/100 ($250.00) a day.
5. NEW BUSINESS
A. CASE # 23-186
NAME: MICHAEL KOSTER
Page 1 of 2
Agenda Item #2.A.
02 May 2024
Page 3 of 171
Code Enforcement Special Magistrate
March 7, 2024
ADDRESS: 791 PARADISE LANE
Testified: CE Officer Irirzarry and respondent Micahel Koster.
Respondent: Michael Koster was present.
Action: The Respondent is found in violation, however no fine shall be imposed at this
time.
B. CASE # 23-194
NAME: JEFFREY KLOTZ
ADDRESS: 0 EDGAR ST
Testified: CE Officer Irirzarry
Respondent: Jeffrey Klotz was not present.
Action: The Respondent is now in compliance and no fines assessed.
C. CASE # 24-014
NAME: ROBERT SCHLENOFF
ADDRESS: STOCK STREET RIGHT-OF-WAY ADJACENT TO 1094 STOCKS
STREET
Testified: CE Officer Irirzarry
Respondent: Robert Schlenoff was not present.
Action: The matter is continued until the May hearing date
4. ADJOURNMENT
The meeting adjourned at 2:16 PM.
Attest:
Suzanne Green, Special Magistrate Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #2.A.
02 May 2024
Page 4 of 171
Agenda Item #4.A.
02 May 2024
Page 5 of 171
Agenda Item #4.A.
02 May 2024
Page 6 of 171
0L-An-rer CITY OF ATLANTIC BEACH
Jl
800 SEMINOLE ROAD
hIP
ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
2/ 16/2023
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233-5815
Real Estate Number: 169595 0000 Case Number: 23-038
Location of Violation: 67 CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
A code enforcement inspection at 67 CORAL ST was conducted on 2/15/2023. The City of Atlantic Beach Code
Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
NATURE OF VIOLATION: There is missing siding and rotten areas of wood on the home. The porch on the
west side of the house is collapsing.
APPLICABLE CODES:
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks, and loose or rotting materials;
and maintained weatherproof and properly surface coated where required to prevent deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains,gutters and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
This letter requests that the noted violation(s) be corrected by repairing all areas of the home within thirty
30)days of the receipt of this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
I, kn5e\O it 1.,1 ( , hereby swear and affirm that the above statement is true and
rate.
1 ,
1 "
g- a '
V'
CODE EN~•RCEMENT 4
Agenda Item #4.A.
02 May 2024
Page 7 of 171
r'
el• CITY OF ATLANTIC BEACH
401:10- e
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
r,
JJt1
POSTED ON PROPERTYAND
ATLANTIC BEACH CITY HALL
5/26/2023
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH,FL 32233-5815
Real Estate Number: 169595 0000 Case Number: 23-038
Location of Violation: 67 CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 Atlantic Beach,Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A code enforcement inspection at 67 CORAL ST was conducted on 5/26/2023. The City of Atlantic Beach Code
Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
NATURE OF VIOLATION: There is missing siding and rotten areas of wood on the home. The porch on the
west side of the house is collapsing.
APPLICABLE CODES:
IPMC Sec. 304.6 Exterior walls.All exterior walls shall be free from holes,breaks,and loose or rotting materials;
and maintained weatherproof and properly surface coated where required to prevent deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains,gutters and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
This letter requests that the noted violation(s) be corrected by repairing all areas of the home within fifteen
15)days of the receipt of this notice.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date WILL result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
vi(, I k Z. 1/ ' hereby swear and affirm that the above statement is true and
accu :te.
Sin.-r; ,
tti4la Irizarry K
CODE ENFORCE . NT
Agenda Item #4.A.
02 May 2024
Page 8 of 171
CODE ENFORCEMENT
4&CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
6/26/2023 Case Number: 23-038
WILLIAMS ROBERT JOSEPH JR POSTED ON PROPERTY AND
67 CORAL ST ATLANTIC BEACH CITY HALL
ATLANTIC BEACH, FL 32233-5815
Property Address: 67 CORAL
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on July 6, 2023 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard on the following alleged violations on the property known as 67 CORAL
ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code/City Code of Ordinances
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain.Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance
STATEMENT OF CODE ENFORCEMENT OFFICER: There is missing siding and rotten areas of
wood on the home. The porch on the west side of the house is collapsing.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 9 of 171
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9397 1414
vs.
Property Address: 67 CORAL ROAD
WILLIAMS ROBERT JOSEPH, JR. Atlantic Beach, FL 32233
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000
LEGAL DESCRIPTION: 15-8209-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK ATLANTIC BEACH,FLORIDA
ORDER ON CASE No.23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on July 6,
2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact,conclusions of law, and orders
as follows:
FINDINGS OF FACT
1. The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The violations cited were for Violations of IPMC Sec 304.6 Exterior walls having holes,
breaks,loose or rotting materials. Additionally, for violations of IPMC Sec 304.7 for roof and
flashing being in disrepair and deteriorated. The City of Atlantic Beach presented
photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs and will meet with the City of
Atlantic Beach, FL forthwith.
Agenda Item #4.A.
02 May 2024
Page 10 of 171
CONCLUSIONS OF LAW
4. Proper notice was provided to the respondent who appeared at the hearing. The City of
Atlantic beach, Florida presented photographs and documentation of the violations. The
Respondent did not contest the violations except that he wasn't sure if the violations could be
seen from the Street.
5. The Property was properly assessed for the Code violations. The City of Atlantic Beach
provided time for a hearing for the Respondent on the issue of addressing the repairs
immediately with the City of Atlantic Beach to be continued until the September 7, 2023
hearing date.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
A. The matter is deferred until the September 7, 2023 Code Enforcement hearing date. If the
Respondent's Property is not in significant compliance by that date, the Respondent is
fined$250.00 per day commencing September 7, 2023.
i
DONE AND ORDERED THIS vi DAY OF JULY,2023.
CITY OF ATLANTIC BEACH,FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
4
Ladayija Nichols, Deputy City Clerk Suzanne . Green, Special Magistrate
Executed this2-1!day of JULY, 2023.
PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this Order must be filed in the
circuit court for Duval County within 30 days of this Order's execution.
2
Agenda Item #4.A.
02 May 2024
Page 11 of 171
8/l/2023
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233
Dear Respondent:
Case Number: 23-038
Certified Mail Return Receipt:
7013 1710 0002 1691 9813
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on September 7a', 2023 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road, to answer and be heard on the following alleged violations on the property known as 67
CORAL ST, 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic
Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
International Property Maintenance Code / City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 7/6/2023 and a
final order was entered requiring Respondent to come into significant compliance before the next hearing.
Case was deferred for a follow up on 9/7/2023.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 12 of 171
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, 1—' , hereby swear and affirm that the above statement
aan ccurate.
Y eriz
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.
02 May 2024
Page 13 of 171
CODE ENFORCEMENT
c,
tCITY
OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING POSTED ON PROPERTY AND
ATLANTIC EACH ITY HALL
t h' DATE: c.9.
8/1/2023 Case Number: 23-038
WILLIAMS ROBERT JOSEPH JR Certified Mail Return Receipt:
67 CORAL ST 7013 1710 0002 1691 9813
ATLANTIC BEACH, FL 32233
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on September 7'h, 2023 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road, to answer and be heard on the following alleged violations on the property known as 67
CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 SID PT LOT 7 LOT 18 BLK 8 Atlantic
Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
International Property Maintenance Code I City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 7/6/2023 and a
final order was entered requiring Respondent to come into significant compliance before the next hearing.
Case was deferred for a follow up on 9/7/2023.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 14 of 171
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I,e .e`c[2 slif hereby swear and affirm that the above statement
aa
ndccurate.
uQ-
c-- .
Code Enforcement Officer, City of Atlantic Beach
ATTEST:
IfF-V-L,:--, /i .
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.
02 May 2024
Page 15 of 171
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Agenda Item #4.A.
02 May 2024
Page 16 of 171
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
WILLIAMS ROBERT JOSEPH, JR.
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7111
Property Address: 67 CORAL ROAD
Atlantic Beach, FL 32233
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000
LEGAL DESCRIPTION: 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 ATLANTIC BEACH, FLORIDA
ORDER ON CASE NO. 23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on September
7, 2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders
as follows:
FINDINGS OF FACT
1. The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The violations cited were for Violations of IPMC Sec 304.6 Exterior walls having holes,
breaks, loose or rotting materials. Additionally, for violations of IPMC Sec 304.7 for roof and
flashing being in disrepair and deteriorated. The City of Atlantic Beach presented
photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs and will meet with the City of
Atlantic Beach, FL forthwith. The Respondent appeared at the July 6, 2023 hearing and was
ordered to come into significant compliance. The City of Atlantic Beach and the Respondent
both stated that no permit applications have been applied for and no repairs have been
completed.
Agenda Item #4.A.
02 May 2024
Page 17 of 171
4. In the July 6, 2023 Order, the Respondent was fined $250 per day commencing September 7,
2023. The Respondent stated that he was attempting to hire contractors and obtain financing
for the repairs.
CONCLUSIONS OF LAW
Proper notice was provided to the respondent who appeared at the hearing. The City of
Atlantic beach, Florida presented photographs and documentation of the violations. The
Respondent did not contest the violations and further stated he was attempting to obtain
financing and contractors.
6. The Property was properly assessed for the Code violations. The City of Atlantic Beach
provided time for two (2) hearings for the Respondent on the issue of addressing the repairs
immediately with the City of Atlantic Beach.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
A. The Respondent shall provide written documentation to the City of Atlantic Beach
showing a contract and commencement of repairs on or before September 14, 2023. If the
Respondent fails to comply by that date, the Respondent is fined $250.00 per day
commencing September 15, 2023.
I TVA
DONE AND ORDERED THIS DAY OF SEPTEMBER, 2023.
ATTEST:
r
Ladayija Nichols, Deputy City Clerk
Executed this' day of September, 2023.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Vv
Suzan e W. Green, Special Magistrate
PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this Order must be filed in the
circuit court for Duval County within 30 days of this Order's execution.
Agenda Item #4.A.
02 May 2024
Page 18 of 171
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Agenda Item #4.A.
02 May 2024
Page 19 of 171
Irizarry,Angela
From: Robert Williams <joeycoma1962@icloud.com>
Sent: Friday, September 15, 2023 5:52 PM
To:Irizarry,Angela
Subject: Fwd: New Roof Estimate
Attachments: Estimate - 67 Coral St.pdf;ATT00001.htm
Sent from my iPhone
Begin forwarded message:
From: "Pimentel Roofmg, Inc." <pimentelroofmg@gmail.com>
Date: September 14, 2023 at 7:42:45 AM EDT
To:joeycoma1962@icloud.com
Subject: New Roof Estimate
Attached
Thanks,
Ray Pimentel
Pimentel Roofmg, Inc.,
1
Agenda Item #4.A.
02 May 2024
Page 20 of 171
A#ach n-k- -amu est ct_caect Q)(S )23
Estimate
PIM£NTEL ROOFING INC.,
50yrkExperCence,
67 CORAL ST
CCC1330935 DATE: 9/14/2023
EXPIRATION DATE 45 DAYS
SUBMITTED TO:
Joey Williams
67 Coral St.
Atlantic Bch, FL 32233
Joeycoma1962@icloud.com
SUBMITTED BY JOB SITE DEPOSIT REQUIRED BALANCE DUE
R.P.67 Coral St 50% to start Upon Completion
TYPE DESCRIPTION I LABOR/MATERIALS
Remove old shingle roof, repair wood rot at additional cost*
Complete re-nail sheathing, install S.A. underlayment, 6" eave drip
Re-Roof metal, plumbing boots, roof vents, Architectural shingles,
and ridge cap
Labor and Materials 13,500
any additional cost for wood will be added onto final payment
ALL TRASH AND DEBRIS WILL BE REMOVED BY PIMENTEL ROOFING, INC., AND JOB SITE LEFT CLEAN. WORKMANSHIP
HOLDS A 5YR GUARANTEE AND MATERIALS CARRY THE MANUFACTURERS WARRANTY.
NOT RESPONSIBLE FOR A.C., PLUMBING OR ELECTRICAL WIRING IN CLOSE PROXIMITY TO THE ROOF SHEETING. ANY
ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COST, WILL BE EXECUTED ONLY UPON
WRITTEN ORDERS AND WILL BECOME AN EXTRA CHARGE OVER THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPON
STRIKE, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE,TORNADO AND OTHER INSURANCE UPON
WORK. WORKMANS COMPENSATION AND PUBLIC LIABILITY INSURANCE ON THE ABOVE TO BE TAKEN OUT BY PIMENTEL
ROOFING, INC.
ACCEPTED BY: DATE
402 SAINT AUGUSTINE BLVD., JACKSONVILLE BEACH, FL 32250
904-591-5498
pimentelroofing®gmail.com
THANK YOU FOR YOUR BUSINESS!
Agenda Item #4.A.
02 May 2024
Page 21 of 171
I rizarry,Angela
From: Irizarry,Angela
Sent: Monday, September 18, 2023 9:12 AM
To:Robert Williams'
Subject: RE: New Roof Estimate
Did you accept the bid?When are they starting?
From: Robert Williams[mailto:joeycoma1962@icloud.com]
Sent: Friday,September 15,2023 5:52 PM
To: Irizarry,Angela<alrizarry@coab.us>
Subject Fwd: New Roof Estimate
Sent from my iPhone
Begin forwarded message:
From: "Pimentel Roofmg, Inc." <pimentelroofing@gmail.corn>
Date: September 14, 2023 at 7:42:45 AM EDT
To:joeycoma1962@icloud.com
Subject: New Roof Estimate
Attached
Thanks,
Ray Pimentel
Pimentel Roofmg, Inc.,
1
Agenda Item #4.A.
02 May 2024
Page 22 of 171
10/16/2023
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233
Dear Respondent:
Case Number: 23-038
Certified Mail Return Receipt:
7013 1710 0002 1691 9868
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on November 2, 2023 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road, to answer and be heard on the following alleged violations on the property known as 67
CORAL ST, 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic
Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
International Property Maintenance Code / City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 9/7/2023 hearing
and a final order was entered requiring Respondent to show a contract and commencement of repairs on
or before September 14, 2023. Respondent emailed one roof estimate on 9/15/2023. As of today,
10/16/2023, no permit applications have been submitted to begin any repairs on the property.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 23 of 171
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, n CA' MV—` , hereby swear and affirm that the above statement
is t d4ccurate.
la
Angela Irizarry
Code Enforcement Officer, i y of Atlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.
02 May 2024
Page 24 of 171
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Agenda Item #4.A.
02 May 2024
Page 25 of 171
CODE ENFORCEMENT411
alt CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING POSTED ON PROPERTY AND
ATLANTI BEAC ITY HALL
10/16/2023 Case Number: 23-038
DATE:
WILLIAMS ROBERT JOSEPH JR Certified Mail Return Receipt:
67 CORAL ST 7013 1710 0002 1691 9868
ATLANTIC BEACH, FL 32233
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on November 2, 2023 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road, to answer and be heard on the following alleged violations on the property known as 67
CORAL ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic
Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the
Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II,
Section 6-16.
International Property Maintenance Code/City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to preventdeterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard at the 9/ 7/2023 hearing
and a final order was entered requiring Respondent to show a contract and commencement of repairs on
or before September 14, 2023. Respondent emailed one roof estimate on 9/15/2023. As of today,
10/16/2023, no permit applications have been submitted to begin any repairs on the property.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case maybepresentedtotheCodeEnforcementSpecialMagistrateeveniftheviolationhasbeencorrectedprior
to the hearing.
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 26 of 171
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, Pn5etc, k Zell
sweaz`'( hereby and affirm that the above statement
is t curate.
Angela Irizarry
Code Enforcement Officer, i y of Atlantic Beach
ATTEST:
711
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.
02 May 2024
Page 27 of 171
Agenda Item #4.A.
02 May 2024
Page 28 of 171
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
WILLIAMS ROBERT JOSEPH, JR.
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7135
Property Address: 67 CORAL ROAD
Atlantic Beach, FL 32233
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000
LEGAL DESCRIPTION: 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 ATLANTIC BEACH, FLORIDA
ORDER ON CASE NO. 23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November
2, 2023, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders
as follows:
FINDINGS OF FACT
The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The previous and ongoing violations cited were for Violations of IPMC Sec 304.6 Exterior
walls having holes, breaks, loose or rotting materials. Additionally, for violations of IPMC
Sec 304.7 for roof and flashing being in disrepair and deteriorated. The City of Atlantic Beach
presented photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs. The Respondent previously
appeared at the July 6, 2023 hearing and was ordered to come into significant compliance.
As of November 2, 2023, the City of Atlantic Beach and the Respondent both stated that no
permit applications have been applied for and no repairs have been completed. The
Respondent was ordered to be in compliance with a contract and a pulled permit by
September 2023. On September 15, 2023, the City received "an estimate" for repairs, but no
signed contract or permit.
Agenda Item #4.A.
02 May 2024
Page 29 of 171
4. The Respondent stated he had a neighbor who could do repairs as well. The City of Atlantic
Beach requested a daily fine be imposed.
CONCLUSIONS OF LAW
5. Proper notice was provided to the respondent who appeared at the hearing. The City of
Atlantic Beach, Florida presented photographs and documentation of the violations. The
Respondent did not contest the violations and further stated he was attempting to obtain
financing and contractors.
6. The Property has been properly assessed for the Code violations. The City of Atlantic Beach
provided time for three (3) hearings for the Respondent on the issue of addressing the repairs
immediately with the City of Atlantic Beach.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
A. The Respondent shall provide written documentation to the City of Atlantic Beach
showing a contract and commencement of repairs on or before seven (7) days from the
date of this Order. If the Respondent fails to comply by that date, the Respondent is fined
100.00 per day commencing seven (7) days from the date of this Order.
nd
DONE AND ORDERED THIS 2 DAY OF NOVEMBER, 2023.
ATTEST:
r
Ladayija Nichols, Deputy City Clerk
t
Executed this day of November, 2023.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
Suzanne A. Green, Special Magistrate
PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this Order must be filed in the
circuit court for Duval County within 30 days of this Order's execution.
2
Agenda Item #4.A.
02 May 2024
Page 30 of 171
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Agenda Item #4.A.
02 May 2024
Page 38 of 171
Jr , CODE ENFORCEMENT
ax
4 CITY OF ATLANTIC BEACH, FLORIDA
0
x
Ilk ,Npi NOTICE OF HEARING POSTED ON PROPERTY AND
Nitki'ATLANTIC I
1ACH
CITY HALL
DATE: I O( 0.9,1 .3
12/19/2023 Case Number: 23-038
WILLIAMS ROBERT JOSEPH JR Certified Mail Return Receipt:
67 CORAL ST 7013 1710 0002 1691 0629
ATLANTIC BEACH, FL 32233
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on January 4 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard on the following alleged violations on the property known as 67 CORAL
ST, 15-82 09-2S-29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code/City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec.304.6 Exterior walls.All exterior walls shall be free from holes,breaks,and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that
admit rain.Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: At the November 2,2023 magistrate hearing,
the Respondent was ordered to provide written documentation to the City of Atlantic Beach showing a
contract and commencement of repairs within 7 days from the date of the order. A roof permit application
was applied for on 11/20/2023. During an inspection on 12/5/2023, it was noted that shingles have been
delivered and the porch on side of the house has been partially demolished. No permits have been
requested to repair the exterior siding.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 39 of 171
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, R Lc hereby swear and affirm that the above statement
eand cc
rizarry
Code Enforcem t Officer, City o tlantic Beach
ATTEST:
Ladayija Nichols, Deputy City Clerk
Page 2 of 2
Agenda Item #4.A.
02 May 2024
Page 40 of 171
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Agenda Item #4.A.
02 May 2024
Page 41 of 171
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
WILLIAMS ROBERT JOSEPH, JR.
67 Coral St
Atlantic Beach, Florida 32233-5815
Respondent.
First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9866 4680
Property Address: 67 CORAL ROAD
Atlantic Beach, FL 32233
CASE NUMBER: 23-038
REAL ESTATE NUMBER: 169595-0000
LEGAL DESCRIPTION: 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18
BLK 8 ATLANTIC BEACH, FLORIDA
ORDER ON CASE NO. 23-038
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on January 4
2024, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders
as follows:
FINDINGS OF FACT
The Respondent is the owner of the property located at 67 Coral Street, Atlantic Beach,
Florida 32233 ("the Property"). Proper notice of the hearing posted on the Property and at
City Hall in Atlantic Beach, FL. The Respondent appeared at the hearing.
2. The previous and ongoing violations cited were for Violations of IPMC Sec 304.6 Exterior
walls having holes, breaks, loose or rotting materials. Additionally, for violations of IPMC
Sec 304.7 for roof and flashing being in disrepair and deteriorated. The City of Atlantic Beach
presented photographs and evidence of neighbors' complaints.
3. The Respondent stated he is aware of the needed repairs. The Respondent previously
appeared at the July 6, 2023 and November 2, 2023 hearings and was ordered to come into
significant compliance and show a contract to commence repairs. Failure to do so within
seven (7) days of the November 2, 2023 hearing would result in a One Hundred Dollars
100.00) a day fine. The Respondent obtained a permit for the roof on November 20, 2023.
As of January 4, 2024, the City of Atlantic Beach stated that the roof had been repaired and
some work had started on the porch repair. However, no permit had been applied for
Agenda Item #4.A.
02 May 2024
Page 42 of 171
concerning the porch or siding repair. The City of Atlantic Beach stated that neighbors had
complained about the lack of compliance.
4. The Respondent stated he was told he did not need a permit for the porch and siding. The
City of Atlantic Beach assured him that any outside work requires a permit. The work on the
porch and siding repairs have ceased.
CONCLUSIONS OF LAW
5. Proper notice was provided to the Respondent who appeared at the hearing. The City of
Atlantic Beach, Florida presented photographs and documentation of the continued
violations. The Respondent did not contest the violations.
6. The Property has been properly assessed for the Code violations. The City of Atlantic Beach
provided time for four (4) hearings for the Respondent on the issue of addressing the repairs
and permits. The Respondent was directed to immediately obtain the permits.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
A. The Respondent shall forthwith provide written documentation to the City of Atlantic
Beach to obtain the proper permits to continue the porch and siding repairs. The
Respondent is fined One Hundred Dollars ($100.00) per day from December 1, 2023 until
the proper permits are obtained from the City of Atlantic Beach.
DONE AND ORDERED THIS
1
DAY OF JANUARY, 2024.
ATTEST:
Ladayija Nichols, Deputy City Clerk
V 1P
Executed this 0 day of January, 2024.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
4 virtlZ, UPJ
Suzan4 W. Green, Special Magistrate
PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this Order must be filed in the
circuit court for Duval County within 30 days of this Order's execution.
2
Agenda Item #4.A.
02 May 2024
Page 43 of 171
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Agenda Item #4.A.
02 May 2024
Page 44 of 171
OWNER:ADDRESS:CITY:STATE:ZIP:
WILLIAMS ROBERT JOSEPH
JR
67 CORAL ST ATLANTIC BEACH FL 32233-5815
COMPANY:ADDRESS:CITY:STATE:ZIP:
TYPE OF
CONSTRUCTION:
REAL ESTATE
NUMBER:
ZONING:BUILDING USE
GROUP:
SUBDIVISION:
169595 0000 OCEAN GROVE UNIT 01
JOB ADDRESS:PERMIT TYPE:DESCRIPTION: VALUE OF WORK:
67 CORAL ST RESIDENTIAL SIDING
Replace broken and missing
shingles on outside back wall $
400.00
FEES
DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT
BUILDING PERMIT 455-0000-322-1000 0 $55.00
BUILDING PLAN CHECK 455-0000-322-1001 0 $27.50
LIST OF CONDITIONS
Roll off container company must be on City approved list . Container cannot be placed on City right-of-way.
1 BUILDING IN-PROGRESS INSPECTION REQUIRED INFORMATIONAL
Notes:
IN-PROGRESS INSPECTIONS ARE REQUIRED FOR EXTERIOR SIDING, WINDOW, AND DOOR INSPECTIONS, AND SHOULD BE SCHEDULED FOR THE FIRST
DAY OF WORK.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property
that may be found in the public records of this county, and there may be additional permits required from other
governmental entities such as water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT
IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION.
ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING
CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES .
ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY.
1 of2IssuedDate: 1/26/2024
PERMIT NUMBER
RES24-0005
ISSUED: 1/26/2024
EXPIRES: 7/24/2024
RESIDENTIAL PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
Agenda Item #4.A.
02 May 2024
Page 45 of 171
STATE DBPR SURCHARGE 455-0000-208-0700 0 $2.00
STATE DCA SURCHARGE 455-0000-208-0600 0 $2.00
TOTAL: $86.50
2 of2IssuedDate: 1/26/2024
PERMIT NUMBER
RES24-0005
ISSUED: 1/26/2024
EXPIRES: 7/24/2024
RESIDENTIAL PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
Agenda Item #4.A.
02 May 2024
Page 46 of 171
v_1,,,,,,,, BUILDING PERMIT APPLICATION
FOR INTERNAL OFFICE USE ONLY
i" City of Atlantic Beach Building Department
PERMIT# RES Zy - 0(/G--)
800 Seminole Road, Atlantic Beach, FL 32233
4.,2;11,-___/-
Phone: (904) 247-5826 Email: Building-Dept(a coab.us
ALL information required to process
Job Address 67 Col 44, sir: ArtA trrc eciii FL. 11;1,.73 RE# 1 b9 5`15- (:)0( b
Legal Description _ [S 1,2 Dcl. — 2S - 2c-
C[_
ec41 %7)va_
i j)c,.1 5 b PT Lor 7 LE,-1- (?) guz_Es
Valuation of Work(Replacement Cost)/ $440. Heated/Cooled SF N tA Non-Heated/Cooled SF iv/4ClassofWork: New Addition Alteration Fi epair EMove Demo Pool Window/Door
Use of existing/proposed structure(s): E Commercial [Residential • If existing structure, is a fire sprinkler system installed?Des No
Will tree(s) be removed in association with proposed project?
Yes (Must submit separate Tree Removal Permit) -R'No
Describe in detail the type of work to be performed:
Sif Agora - RtPi cl~ 13Ro1iMir .4,40 M,ssIt?44 $'NlI(4t,rs ad
ott'r.S I l7L 6(crc LA/414, of 801456.
IFlorida Product Approval#
For multiple products use Product Approval Information Sheet)
Property Owner Information Name USA r J. ifin.1.s sc5 Jjt• Phone 904..541.Y, G
Address 67 Ceg4i. .y. City 4i'z,,idt/r)G 64,4 State A. Zip123UEmailJfCOIaOp• DDAeent(If Agent, Power of Attorney or Agency Letter Required)
Contractor Information Name of Company
nWYtt
3‘tLF r4/A) Phone
Address
City State Zip
Qualifying Agent
State Certification/Registration#
Email
Job Site Contact Number
Worker's Compensation Insurer
OR Exempt Expiration Date
Architect's Name Email Phone
Engineer's Name Email Phone
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has
commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating
construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING,SIGNS,
WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS, and AIR CONDITIONERS, etc.
NOTICE:In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be foundinthepublicrecordsofthiscity/county, and there may be additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable
laws regulating construction and zoning.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT
IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT
MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST
INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTO RQNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
6ftecAtA ,4,....... ASignatureofOwnerorAgent)
Signature of Contractor)
Signed and sworn to(or affirmed)before me this
ytiq
day of Signed and sworn to(or affirmed)before me this day of
ASoavlt to , 2029 by Rc.;berk- 3- wi l t,in,s ,i--r-
by
Signature of Notary
Signature of Notary
Personally Known OR [4. ir=c;-"cluced Identification Personally Known OR [ ) duced Identification
Type of Identification: Ft I9L-
Type of Identification:
L'
VANESSA At=.,._L
VANESSA ANGERS
F,!Y COMMISSIGId#FII'2(4118
MY COMMISSION#HH 244118Q
EXPIRES:March z;I,
2.
026 F.
i;.o;- EXPIRES:March 23,2026
Agenda Item #4.A.
02 May 2024
Page 47 of 171
j'ir,Owner Builder Affidavit ALLHIGHLIGHTED IN
INFORMATION
rfJ
City of Atlantic Beach Building Department GRAY IS REQUIRED.
800 Seminole Rd, Atlantic Beach, FL 32233
Phone: (904) 247-5826 Email: Building-Dept@coab.us PERMIT#: fe-s 2,-1 OOOS
I. FLORIDA STATUTES; CHAPTER 489, FLORIDA STATUTES, PART 1 "CONSTRUCTION CONTRACTING" REQUIRES
OWNER/ BUILDER TO ACKNOWLEDGE THE LAW:
DISCLOSURE STATEMENT FOR SECTION 489.103(7), FLORIDA STATUTES:
STATE LAW REQUIRES CONSTRUCTION TO BE DONE BY LICENSED CONTRACTORS. YOU HAVE APPLIED
FOR A PERMIT UNDER AN EXEMPTION TO THAT LAW. THE EXEMPTION ALLOWS YOU, AS THE OWNER
OF YOUR PROPERTY,TO ACT AS YOUR OWN CONTRACTOR EVEN THOUGH YOU DO NOT HAVE A
LICENSE.
YOU MUST SUPERVISE THE CONSTRUCTION YOURSELF.
YOU MAY BUILD OR IMPROVE A ONE OR TWO FAMILY RESIDENCE OR A FARM OUTBUILDING. YOU MAY
ALSO BUILD OR IMPROVE A COMMERCIAL BUILDING AT A COST OF $25,000.00 OR LESS.
THE BUILDING MUST BE FOR YOUR USE AND OCCUPANCY. IT MAY NOT BE BUILT FOR SALE OR LEASE.
IF YOU SELL OR LEASE A BUILDING YOU HAVE BUILT YOURSELF WITHIN ONE YEAR AFTER THE
CONSTRUCTION IS COMPLETE,THE LAW WILL PRESUME THAT YOU BUILT IT FOR SALE OR LEASE, WHICH
IS IN VIOLATION OF THIS EXEMPTION.
YOU MAY NOT HIRE AN UNLICENSED PERSON AS YOUR CONTRACTOR. YOUR CONSTRUCTION MUST
BE DONE ACCORDING TO THE BUILDING CODES AND ZONING REGULATIONS.
IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT PEOPLE EMPLOYED BY YOU HAVE LICENSES
REQUIRED BY STATE LAW AND BY COUNTY OR MUNICIPAL LICENSING ORDINANCES.
II. INJURY LIABILITY; SINCE OWNERS MAY BE LIABLE FOR INJURIES TO WORKERS THEY HIRE,THE BUILDING DEPARTMENT
SUGGESTS WORKER'S COMPENSATION INSURANCE BE PURCHASED. .
III. IRS WITHHOLDING;OWNERS HIRING WORKERS BECOME EMPLOYERS AND SHOULD ALSO OBSERVE IRS WITHHOLDING
TAX AND/OR FORM 1099 REQUIREMENTS ON THE WORKERS THEY EMPLOY ON THEIR IMPROVEMENT TRADES.
IV. PENALTY; UNLICENSED CONTRACTORS CANNOT BE EMPLOYED UNDER ANY CIRCUMSTANCES. OWNERS BEING SUBJECT
TO $5,000 PENALTY UNDER FLORIDA STATUTE NO. 455-228(1). AN "OCCUPATIONAL LICENSE" IS NOT ADEQUATE. THE
OWNER SHOULD PHYSICALLY SEE THE COUNTY "CERTIFICATE OF COMPETENCY" OR THE FLORIDA"CONTRACTORS
CERTIFICATE" TO ASCERTAIN IF A PERSON IS A LICENSED CONTRACTOR. CONTACT THE BUILDING DEPARTMENT (904-
247- 5826 OR BUILDING-DEP I(a COAB.US ) IF IN DOUBT.
V. ACKNOWLEDGEMENT; I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE DISCLOSURE STATEMENT AND THAT I
COMPLY WITH ALL THE REQUIREMENTS FOR THE ISSUANCE OF AN OWNER-BUILDER PERMIT.
Job Address: 67 CAtk. St' ArA.hetr/G 04-Awe, Fil- 134-33
Owner Name: RQ$(TJ. W/ -f4/ti(S , JAC.Phone Number: 10#:510.75r4
Mailing Address: 61 C&A4t.. Sr: City: ArlyiffifiG 50,i State: fa•4 Zip: .,3L..;
Notarized Signature of Owner G( 4 1A
The foregoing instrument was acknowledged before me this W day of Siftnva"f , 2024, in the State of Florida, County
of Lx CLI
Signature of Notary Public
al,'
Personally Known OR [ 4roduced Identification
1€4.4,:k VANESSA ANGERS
h1YCOMMISSION#HH244118 Type of Identification: FL pl. Fober4 3 . Wtlltawos Sr,
c" EXPIRES:March 23,2026
Updated 10/24/18
Agenda Item #4.A.
02 May 2024
Page 48 of 171
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Agenda Item #4.A.02 May 2024Page 52 of 171
3/20/2024
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
WILLIAMS ROBERT JOSEPH JR
67 CORAL ST
ATLANTIC BEACH, FL 32233
Dear Respondent:
Case Number: 23-038
Certified Mail Return Receipt:
7013 1710 0002 1691 8854
Property Address: 67 CORAL ST
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on May 2, 2024 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard on the following alleged violations on the property known as 67 CORAL
ST, 15-82 09 -2S -29E OCEAN GROVE UNIT NO 1 S/D PT LOT 7 LOT 18 BLK 8 Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code / City Code of Ordinances
VIOLATION CODE(S):
IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and
free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was previously heard at the
1/4/2024 hearing and a final order was entered fining the Respondent $100 per day from December 1,
2023 until a permit was obtain to continue the porch and siding repairs. A siding permit was applied for
on 1/4/2024, approved on 1/8/2024, and issued on 1/26/2024 by the building department. As of 3/19/2024
the work has not been completed and the remaining walls of the porch have not been removed.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may
be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior
to the hearing.
Page 1 of 2
Agenda Item #4.A.
02 May 2024
Page 53 of 171
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, , hereby swear and affirm that the above statement
t and ate.
gela Ir'
Code Enforcement 6icer, City of Atlantic Beach
ATTEST:
Stephanie Figueroa, Records Management Specialist
Page 2 of 2
Agenda Item #4.A.
02 May 2024
Page 54 of 171
Case Details City of Atlantic Beach Case Number 23‐038 Printed: Friday, 26 April, 2024 1 of 6 Description: House repairs needed Status: ACTIVE CASE Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 2/7/2023 Closed: Last Action: 5/14/2024 Fllw Up: 4/5/2024 Site Address: 67 CORAL ST ATLANTIC BEACH, FL 32233 Site APN: 169595 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES MEETING WITH RESPONDENT Angela Irizarry 10/24/2022 10/24/2022 Met with property owner onsite. We walked around the house together and I pointed out the things that need to be taken care of. The porch on the west side of the house is collapsing and there are areas where the trees are growing into the soffits. He stated that he will talk to a contractor he knows about it. He was very concerned about the birds that are nesting inside the porch. MEETING WITH RESPONDENT Angela Irizarry 11/10/2022 11/10/2022 Stopped by an spoke with Respondent. He said he hadn't spoken with the contractor friend yet and wanted to explore his legal options. I told him I would give him until the end of the month to figure out a plan. MEETING WITH RESPONDENT Angela Irizarry 12/16/2022 12/16/2022 Met with Respondent. He was upset over having to fix the house and said he still wanted to explore his legal options. He told me he met with an attorney. Advised him that I was willing to work with him but that he needed to start on the house repairs. He was again upset about the birds that next inside the porch. Agenda Item #4.A.02 May 2024
Page 55 of 171
Case Details City of Atlantic Beach Case Number 23‐038 Printed: Friday, 26 April, 2024 2 of 6 He stated that it was very difficult for him to make changes to the house since his wife passed away and feel like he is being picked on because he lives in an original beach out and hasn't torn it down to build something big and new. NOV REG Angela Irizarry 2/16/2023 2/16/2023 NOV POST Angela Irizarry 5/26/2023 5/26/2023 NOH POST AND AFF Angela Irizarry 6/26/2023 6/26/2023 CEB ORDER Angela Irizarry 7/21/2023 7/21/2023 The matter is deferred until the September 7, 2023 Code Enforcement hearing date. If the Respondent’s Property is not in significant compliance by that date, the Respondent is fined $250.00 per day commencing September 7, 2023. TELEPHONE MESSAGE Angela Irizarry 7/24/2023 7/24/2023 Received voicemail from Mr. Williams stating that he is moving money to make the repairs. NOTICE OF HEARING Angela Irizarry 7/29/2023 8/1/2023 for the 9/7/2023 meeting CMRR STATUS UPDATE Angela Irizarry 8/18/2023 8/28/2023 Notice has not been delivered. Posting NOH NOH POST AND AFF Angela Irizarry 8/28/2023 8/28/2023 NOH posted on property and city hall and mailed by regular usps mail. CODE ENFORCEMENT AGENDA Angela Irizarry 8/31/2023 9/1/2023 CODE ENFORCEMENT ORDER Angela Irizarry 9/7/2023 9/7/2023 Respondent ordered to provide written documentation to city and start repairs on or before 9/14/2023 TELEPHONE MESSAGE Angela Irizarry 9/15/2023 9/15/2023 Received voicemail from Mr. Williams stating that he had Agenda Item #4.A.02 May 2024
Page 56 of 171
Case Details City of Atlantic Beach Case Number 23‐038 Printed: Friday, 26 April, 2024 3 of 6 quotes. Tried to return the call but his voicemail box was full and coudln't accept messages. EMAIL RECEIVED Angela Irizarry 9/15/2023 9/15/2023 Received email from Mr. Williams with an estimate for a roof repair from Pimentel Roofing attached. EMAIL SENT Angela Irizarry 9/18/2023 9/18/2023 Sent email response to Mr. Williams asking him if he accepted the roofing contract NOTICE OF HEARING Angela Irizarry 10/16/2023 10/16/2023 CMRR STATUS UPDATE Angela Irizarry 10/23/2023 10/23/2023 Notice for Nov meeting not delivered yet. Posting property and city hall. CODE ENFORCEMENT AGENDA Angela Irizarry 10/30/2023 10/30/2023 CODE ENFORCEMENT ORDER Angela Irizarry 11/2/2023 11/2/2023 Respondent was ordered to show written documentation of a contract and commencement of repairs within 7 days of the date of the order. MEETING WITH RESPONDENT Angela Irizarry 11/16/2023 11/22/2023 Received message from the building department that Mr. Williams came into the office on 11/16 while I was out. PERMIT APPLIED FOR Angela Irizarry 11/20/2023 11/20/2023 Per building department records, roof permit was submitted. OTHER Angela Irizarry 11/27/2023 11/27/2023 Received email from next door neighbor reporting that work other than the roof work was being done. MEETING WITH RESPONDENT Angela Irizarry 11/27/2023 11/27/2023 Went to property and spoke with Mr. Williams in person. There was new framing on the side porch on the east side of the property. I advised Mr. Williams that they rebuilding of the porch was outside the scope of the roof permit and they needed to stop that work until a permit was applied for and Agenda Item #4.A.02 May 2024
Page 57 of 171
Case Details City of Atlantic Beach Case Number 23‐038 Printed: Friday, 26 April, 2024 4 of 6 issued. TELEPHONE CALL Angela Irizarry 11/27/2023 11/27/2023 Called roofing contractor and advised them to stop work on the porch because it was out of the scope of the permit. NOH LTR Angela Irizarry 12/19/2023 12/19/2023 NOH POST AND AFF Angela Irizarry 12/22/2023 12/22/2023 CEB MEETING Angela Irizarry 1/4/2024 1/5/2024 Mr. Williams appeared. Stated he has ordered siding from home depot. No permit has been requested. Side porch still partially stands. Ordered top pay fines of $100 per day until siding permit is applied for starting 12/1/2023 PERMIT APPLIED FOR Angela Irizarry 1/4/2024 1/4/2024 Applied for siding permit. PERMIT ISSUED/OBTAINED Angela Irizarry 1/26/2024 1/26/2024 Per building department records, siding permit was issued. NOTICE OF HEARING Angela Irizarry 3/19/2024 3/19/2024 Dated 3/20/2024 CMRR STATUS UPDATE Angela Irizarry 4/5/2024 CODE ENFORCEMENT AGENDA Angela Irizarry 4/25/2024 CODE ENFORCEMENT ORDER Angela Irizarry 5/14/2024 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL COMPLAINTANT NICOLAS DAMON 71 CORAL ST , damon.nicolas@gmail.com Agenda Item #4.A.02 May 2024
Page 58 of 171
Case Details City of Atlantic Beach Case Number 23‐038 Printed: Friday, 26 April, 2024 5 of 6 OWNER WILLIAMS ROBERT JOSEPH JR 67 CORAL ST ATLANTIC BEACH, FL 32233‐5815 FINANCIAL INFORMATION DESCRIPTION ACCOUNT QTY AMOUNT PAID PAID DATE RECEIPT # CHECK # METHOD PAID BY CLTD BY $100 00100003543000 0 $100.00 $0.00 Total Paid for CE DAILY FINE: $100.00 $0.00 TOTALS: $100.00 $0.00 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 10/24/2022 10/24/2022 Side porch is collapsing Trees damaging roof line REINSPECTION AI 11/10/2022 11/10/2022 VIOLATION CONTINUES REINSPECTION AI 12/16/2022 12/16/2022 VIOLATION CONTINUES REINSPECTION AI 2/16/2023 2/16/2023 VIOLATION CONTINUES REINSPECTION AI 3/15/2023 3/15/2023 VIOLATION CONTINUES Went by house and knocked on the door to try to speak with Respondent. There was no answer even though both vehicles were there. REINSPECTION AI 5/26/2023 5/26/2023 VIOLATION CONTINUES REINSPECTION AI 6/26/2023 6/26/2023 VIOLATION CONTINUES Agenda Item #4.A.02 May 2024
Page 59 of 171
Case Details City of Atlantic Beach Case Number 23‐038 Printed: Friday, 26 April, 2024 6 of 6 REINSPECTION AI 7/6/2023 7/6/2023 VIOLATION CONTINUES REINSPECTION AI 10/16/2023 10/16/2023 VIOLATION CONTINUES REINSPECTION AI 12/1/2023 REINSPECTION AI 3/19/2024 3/19/2024 VIOLATION CONTINUES Porch still there Siding not complete. REINSPECTION AI 4/22/2024 4/22/2024 VIOLATION CONTINUES Partial porch still there. VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Exterior Walls Angela Irizarry 2/7/2023 IPMC Sec. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Roofs and Drainage Angela Irizarry 2/7/2023 IPMC 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Not clearly visible from the street but can be seen from neighbors side yard. Roof has been replaced. Agenda Item #4.A.02 May 2024
Page 60 of 171
Case Details City of Atlantic Beach Case Number 24‐014 Printed: Monday, 29 April, 2024 1 of 3 Description: Excessive Trimming ROW tree Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 1/30/2024 Closed: Last Action: 5/14/2024 Fllw Up: 5/2/2024 Site Address: 1094 STOCKS ST ATLANTIC BEACH, FL 32233 Site APN: 171000 0000 Officer: Angela Irizarry Details: In ROW next to property address. CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES OTHER Angela Irizarry 1/23/2024 1/23/2024 Abrielle Genest received call from Carol Ezell reporting that the gentleman at 1094 Stocks street severely cut back the oak tree in the right of way next to his property. Abrielle Genest and Angela Irizarry visited site the view the tree. TELEPHONE CALL Angela Irizarry 1/24/2024 1/24/2024 Spoke with Carol Ezell. She is willing to testify that she can confirm that Robert Schlenoff is the person responsible for cutting the tree in the right of way next to his house. NOTICE OF HEARING Angela Irizarry 1/31/2024 1/31/2024 CMRR STATUS UPDATE Angela Irizarry 2/5/2024 2/5/2024 Per usps.com, the certified letter was delivered on 2/2/2024. MEETING WITH RESPONDENT Angela Irizarry 2/5/2024 2/5/2024 Amanda Askew and I met with Mr. Schlenoff regarding the tree cutting. He stated that he did not know he needed a permit. He also stated that he was confident that the tree would not die because he cut the tree back like this once before approximately five years ago and it grew back just fine. He was apologetic and will be attending the hearing. Agenda Item #4.B.02 May 2024
Page 61 of 171
Case Details City of Atlantic Beach Case Number 24‐014 Printed: Monday, 29 April, 2024 2 of 3 TELEPHONE CALL Angela Irizarry 2/5/2024 2/5/2024 Received call from Robert Schlenoff. He said he received the letter regarding cutting the tree and asked to schedule a meeting to discuss in person. CMRR STATUS UPDATE Angela Irizarry 2/6/2024 2/6/2024 Received green card back but it was not signed. TELEPHONE MESSAGE Angela Irizarry 2/28/2024 2/28/2024 Received voicemail message from Robert Schlenoff asking if we had heard from the attorney he has obtained for this case. TELEPHONE MESSAGE Angela Irizarry 2/28/2024 2/28/2024 Returned call to Mr. Schlenoff and left message that we had not heard from his attorney. CODE ENFORCEMENT AGENDA Angela Irizarry 2/29/2024 3/4/2024 TELEPHONE CALL Angela Irizarry 2/29/2024 2/29/2024 Spoke with Robert Schlenoff. Mr. Schlenoff said that he had obtained Don Pinaud as counsel and they would need an extension because his attorney was already scheduled in court on the 7th. EMAIL RECEIVED Angela Irizarry 3/6/2024 3/6/2024 Received email from Don Pinaud. (sent 3/5 @8:51pm) City agreed to reschedule hearing to May 2, 2024 at 2:00pm CODE ENFORCEMENT ORDER Angela Irizarry 3/7/2024 3/7/2024 Case deferred to May 2, 2024 at respondent's counsels request. CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL COMPLAINTANT EZELL CAROL 1104 STOCKS ST ATLANTIC BEACH, FL 32233 OWNER SCHLENOFF ROBERT K 1094 STOCKS ST ATLANTIC BEACH, FL 32233‐2630 INSPECTIONS Agenda Item #4.B.02 May 2024
Page 62 of 171
Case Details City of Atlantic Beach Case Number 24‐014 Printed: Monday, 29 April, 2024 3 of 3 INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 1/23/2024 1/23/2024 VIOLATION FOUND Tree was severely over pruned. Tree is located on City right of way Cut limbs were stacked on 1094 stocks street. VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES TREES ‐ EXCESSIVE PRUNING Angela Irizarry 1/30/2024 Irreparable and Irreversible Sec. 23‐31. ‐ General prohibitions. (a)Excessive or improper pruning. It shall be unlawful for any person to engage in excessive or improper pruning techniques on trees required pursuant to an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. (b) Pruning or removal of city trees. It shall be unlawful for any person to trim, prune, or remove any tree which is within the city's rights‐of‐way or upon any other city property without the permission of the city as evidenced by the appropriate permit. Sec. 23‐8. ‐ Definitions. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty‐five (25) percent of the natural shape or form of a tree. Agenda Item #4.B.02 May 2024
Page 63 of 171
Page 64 of 171
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Agenda Item #4.B.
02 May 2024
Page 70 of 171
1/31/2024
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
SCHLENOFF ROBERT K
1094 STOCKS ST
ATLANTIC BEACH, FL 32233-2630
Dear Respondent:
Case Number: 24-014
Certified Mail Return Receipt:
7013 1710 0002 1691 8403
Property Address: STOCKS STREET RIGHT OF
WAY ADJACENT TO 1094 STOCKS STREET;
ATLANTIC BEACH, FL
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on March 7, 2024 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road, to answer and be heard on the following alleged violations on the property known as
STOCKS STREET RIGHT OF WAY DIRECTLY EAST OF 1094 STOCKS STREET, Atlantic Beach,
Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida
Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section
6-16.
International Property Maintenance Code / City Code of Ordinances
Sec. 23-31. - General prohibitions. (b) Pruning or removal of city trees. It shall be unlawful for any
person to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city
property without the permission of the city as evidenced by the appropriate permit.
Sec. 23-8. - Definitions. Excessive pruning shall mean the substantial alteration of a tree such that there
is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form
of a tree.
STATEMENT OF CODE ENFORCEMENT OFFICER:
This violation is irreparable and irreversible in nature. The city owned tree in the right of way has been
excessively pruned. More than 25% of the natural shape of the tree has been removed. No permission
was granted by the city for the pruning.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
Page 1 of 2
Agenda Item #4.B.
02 May 2024
Page 71 of 171
Angela
Code E
ATTEST:
Ladayija Nichols, Deputy City Clerk
hereby swear and affirm that the above statement
Page 2 of 2
Agenda Item #4.B.
02 May 2024
Page 72 of 171
SENDER: COMPLETE THIS SECTION K• ," a111 rOTii.a :-
Complete items 1,2,and 3. A. Signature
Print your name and address on the reverse X
0 Agent
so that we can return the card to you.0 Addressee
Attach this card to the back of the mailpiece,
B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
4.—O
1 /, c1\p,/1 elf 1/_ If YES,enter delivery address below: 0 No
3. Serve r7 Priority Mail Express®
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Collect on Delive Merchandise
2. Article Number(Transfer from service label) 0 Collect on ery Restricted Delivery 0 Signature Confirmation
isured Mail 0 Signature Confirmation
7.013 1710 .0.0.02 1691 R 4 0 3 Isured Mail Restricted Delivery Restricted Delivery
ver$500)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Agenda Item #4.B.
02 May 2024
Page 73 of 171
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Agenda Item #4.B.
02 May 2024
Page 74 of 171
Irizarry,Angela
From: Don Pinaud <Don@afj.law>
Sent: Wednesday, March 6, 2024 8:23 AM
To:Irizarry,Angela
Cc:Robert Schlenoff
Subject: Re:COAB Code Enf.v. Robert Schlenoff. Case No.: 24-014
Thank you very much. I have noted my calendar and will look forward to appearing as scheduled on May 2.
Best regards,
Don
Don Pinaud, Esq.
All Florida Justice, LLC.
Law Office of Don Pinaud
4530 St. John's Avenue
Suite 15-202
Jacksonville, Florida 32210
904)552-5500 - Talk or Text
904)467-3500 - Fax
AllFloridaJustice.com
Don@AFJ.Law
This transmission is intended by the sender and proper recipient(s)to be confidential, intended only for the
proper recipient(s) and may contain information that is privileged, attorney work product or exempt
from disclosure under applicable law. If you are not the intended recipient(s)you are notified that the
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above and delete this email from your computer. Receipt by anyone other than the proper recipient(s) is not
a waiver of any attorney-client,work product, or other applicable privilege. Thank you.
On Mar 6, 2024, at 8:10 AM, Irizarry,Angela<alrizarry@coab.us>wrote:
Good Morning Mr. Pinaud,
We are amenable to rescheduling his hearing to the next regularly scheduled magistrate meeting
date. Our next meeting is scheduled for May 2, 2024 at 2:00 pm in the chambers at Atlantic Beach City
Hall. Mr. Schlenoff will be sent an order after tomorrow's hearing deferring his case until that time.
ig `iti (zz
Agenda Item #4.B.
02 May 2024
Page 75 of 171
Angela Irizarry, Code Enforcement Officer
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
O:(904) 247-5855
Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.
Follow the City of Atlantic Beach on Facebook at www.facebook.comic ityofatlanticbeach.
Florida has a very broad public records law. Most written communications to or from state and
local officials and agencies regarding state or local business are public records available to the
public and media upon request. Your email communications, including your email address, may
therefore be subject to public disclosure.
From: Don Pinaud [mailto:Don@afj.Iaw]
Sent:Tuesday, March 5,2024 8:51 PM
To: Irizarry,Angela<alrizarry@coab.us>
Subject:COAB Code Enf.v. Robert Schlenoff.Case No.:24-014
Ms. Irizarry:
I have been retained by Mr. Schlenoff to represent him in the above-pending matter against him
by the City of Atlantic Beach Code Enforcement Board. My understanding is that there is
currently scheduled a hearing in the matter on March 7, 2024 at 2:00 p.m.
I respectfully ask that the hearing for March 7 be rescheduled to accommodate my schedule
because I will be unavailable that date as I am ordered to appear that day in federal court as
counsel in the case of Mayweather v. The United States of America, MD FL Case No. 3:23-cv-
00389.
My understanding from Mr. Schlenoff is that he explained to you my situation and that I would
be coming in to represent him, and that you would be amenable to moving the hearing to the next
available date, which I understand is in May. Right now I can accommodate most dates in May
and so if that can be accomplished it would be appreciated.
With warmest regards, I remain
Respectfully yours,
Don Pinaud, Esq.
All Florida Justice, LLC.
Law Office of Don Pinaud
4530 St. John's Avenue
Suite 15-202
Jacksonville, Florida 32210
904)552-5500 - Talk or Text
904)467-3500 - Fax
AllFloridaJustice.com
2
Agenda Item #4.B.
02 May 2024
Page 76 of 171
Don@AFJ.Law
This transmission is intended by the sender and proper recipient(s)to be confidential, intended
only for the proper recipient(s) and may contain information that is privileged, attorney work
product or exempt from disclosure under applicable law. If you are not the intended
recipient(s) you are notified that the dissemination, distribution or copying of this message is
strictly prohibited. If you receive this message in error, or are not the proper recipient(s), please
notify the sender at either the email address or telephone number above and delete this email
from your computer. Receipt by anyone other than the proper recipient(s)is not a waiver of any
attorney-client, work product, or other applicable privilege. Thank you.
Want to receive City of Atlantic Beach news by email?Just say so in an email to
info@coab.us. Follow the City of Atlantic Beach on Facebook at
www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most
written communications to or from state and local officials and agencies regarding state or
local business are public records available to the public and media upon request.Your
email communications, including your email address, may therefore be subject to public
disclosure.
3
Agenda Item #4.B.
02 May 2024
Page 77 of 171
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9866 4819
vs.
Property Address: 1094 STOCKS ST.
SCHLENOFF, ROBERT K Atlantic Beach, FL 32233
1094 Stocks St
Atlantic Beach, Florida 32233-2630
SCHLENOFF, TATYANA N
Respondent.
CASE NUMBER: 24-014
REAL ESTATE NUMBER: 171000-0000
LEGAL DESCRIPTION: 18-34 17-2S-29E .22,ATLANTIC BEACH SEC H,LOTS 1,81/2 STREET
LYING N THEREOF CL BY UR/BCH ORDER#65- 84-10, BLK 186
ORDER ON CASE No.24-014
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 7,
2024 and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters,issues findings of fact, conclusions of law, and orders
as follows:
FINDINGS OF FACT
1. Respondent owns the Property located at 1094 Stocks St, Atlantic Beach, Florida. ("The
Property"). Notice of the hearing was provided by certified letter for violation of Sec. 23-13
excessive or improper pruning without a permit. The Respondent did not appear.
2. Neighbors had contacted the City of Atlantic Beach that the Respondent had severely cut back
the oak tree in the right of way next to his property.
3. The City of Atlantic Beach spoke with the Respondent who stated he was unaware that he needed
a permit and was confident the tree would not die as he has trimmed a tree just like this one five
5) years ago and it grew back just fine.
4. The City of Atlantic Beach stated the Respondent had hired an attorney, Don Pinaud, who had
a previously scheduled Court appearance and has requested a continuance.
Agenda Item #4.B.
02 May 2024
Page 78 of 171
CONCLUSIONS OF LAW
4. THE RESPONDENT WAS CITED FOR VIOLATION OF SEC.23-13.HE HAS RETAINED AN
ATTORNEY AND HAS REQUESTED A CONTINUANCE.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
A. The matter is continued until the May hearing date.
DONE AND ORDERED THIS DAY OF MARCH,2024.
CITY OF ATLANTIC BEACH,FLORIDA
AtgrE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
Ladayija Nichols, Records Clerk Suzanne W. Green, Special Magistrate
Executed this day of MARCH, 2024.
PLEASE NOTE:Florida Statutes§ 162.11 requires that any appeal of this Order must be filed in the
circuit court for Duval County within 30 days of this Order's execution.
2
Agenda Item #4.B.
02 May 2024
Page 79 of 171
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. 0 Agent
Print your name and address on the reverse
X
0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of DeliveryAttachthiscardtothebackofthemailpiece,
or on the front if space permits.
rr4, 5 Gk rt v'
D. Is delivery address different from item 1? 0 Yes1. Article Addressed to:
If YES,enter delivery address below: 0 No
5 C h1 I O1JC f K-.
2- - 0i4
3. Service Type
Certified Mail 0 Express Mail
Registered 0 Return Receipt for Merchandise
Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
7019 2970 0000 9866 4819Transferfromservicelabel
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Agenda Item #4.B.
02 May 2024
Page 80 of 171
Case Details City of Atlantic Beach Case Number 24‐004 Printed: Monday, 29 April, 2024 1 of 3 Description: Tree Mitigation Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 1/16/2024 Closed: Last Action: 5/17/2024 Fllw Up: 4/30/2024 Site Address: 338 PLAZA ATLANTIC BEACH, FL 32233 Site APN: 169963 0000 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES PHOTOGRAPHS TAKEN Angela Irizarry 3/7/2023 3/7/2023 Took photos of cut tree trunks NOV REG Angela Irizarry 1/16/2024 1/16/2024 NOV CERT Angela Irizarry 2/1/2024 2/1/2024 CMRR RECEIVED W/SIGNATURE Angela Irizarry 2/6/2024 2/6/2024 NOTICE OF HEARING Angela Irizarry 2/21/2024 2/21/2024 CMRR RECEIVED W/SIGNATURE Angela Irizarry 3/5/2024 3/5/2024 Received signed green card back for the NOH for the 5/2/2024 Magistrate Hearing Agenda Item #5.A.02 May 2024
Page 81 of 171
Case Details City of Atlantic Beach Case Number 24‐004 Printed: Monday, 29 April, 2024 2 of 3 CODE ENFORCEMENT AGENDA Angela Irizarry 4/25/2024 4/29/2024 CODE ENFORCEMENT ORDER Angela Irizarry 5/14/2024 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER DUNLOP CLIFFORD WILSON LIFE ESTATE 338 PLAZA ATLANTIC BEACH, FL 32233‐5442 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 1/16/2024 1/16/2024 VIOLATION FOUND REINSPECTION AI 1/30/2024 2/1/2024 VIOLATION CONTINUES REINSPECTION AI 2/16/2024 2/16/2024 Have not heard back from property owner. VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES TREE MITIGATION Angela Irizarry 1/16/2024 Sec. 23‐33. Mitigation to be assessed. (a) Mitigation required. Replacement or relocation shall be the preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved in accordance with section 23‐37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit. Agenda Item #5.A.02 May 2024
Page 82 of 171
Case Details City of Atlantic Beach Case Number 24‐004 Printed: Monday, 29 April, 2024 3 of 3 TREE PENALTIES Angela Irizarry 1/16/2024 Sec. 23‐51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after‐the‐fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23‐26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23‐33. TREE PERMIT PROCEDURES Angela Irizarry 1/16/2024 Sec. 23‐21. ‐ Permits required by this chapter. Unless specifically exempted within following section 23‐22, permits are required for removal of regulated trees and vegetation on all lands within the City of Atlantic Beach. The permit requirements are not intended to restrict or adversely affect a property owners rights under constitutional or statutory law, or otherwise preempt applicable Florida Statutes. Regulated tree shall mean any tree as follows: (1) Private regulated tree shall mean any tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following conditions: a. A DBH of eight (8) inches or more. Sec. 23‐23. Permits procedures. (a) (3) After‐the‐fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after‐the‐fact permit, and meet mitigation requirements as assessed. Agenda Item #5.A.02 May 2024
Page 83 of 171
Page 84 of 171
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Agenda Item #5.A.02 May 2024Page 85 of 171
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Agenda Item #5.A.02 May 2024Page 86 of 171
Agenda Item #5.A.02 May 2024Page 87 of 171
Agenda Item #5.A.
02 May 2024
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Agenda Item #5.A.
02 May 2024
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1 1 -4 1.
Agenda Item #5.A.
02 May 2024
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Agenda Item #5.A.
02 May 2024
Page 92 of 171
Agenda Item #5.A.
02 May 2024
Page 93 of 171
j r\i`Prjr CITY OF ATLANTIC BEACHy
J 800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
yr
PHONE (904)247-5800
1/16/2024
DUNLOP CLIFFORD WILSON LIFE ESTATE,
HARVARD CLIFFORD DUNLOP,DUNLOP ANGUS H JR
338 PLAZA
ATLANTIC BEACH,FL 32233-5442
Real Estate Number: 169963 0000 Case Number:24- 004
Location of Violation: 338 PLAZA, 5-69 16-2S-29E .370 ATLANTIC BEACH LOTS 15,17,E112 LOT 19 BLK
10 Atlantic Beach,Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A review of the records for 338 PLAZA was conducted on 1/16/2024. The City of Atlantic Beach Code
Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
NATURE OF VIOLATION:According to City of Atlantic Beach records, a tree removal application dated
March 8, 2023 was submitted to the city to seek after the fact approval for two pine trees removed from the
property without a valid permit. In accordance with code,the required mitigation for these two trees was
calculated to be 100 inches. As of today,the mitigation requirements have not been met. Please see enclosed
mitigation calculation worksheet, email dated 3/22/2023 from Brian Broedell and tree species lists.
APPLICABLE CODE:
Sec. 23-21. -Permits required by this chapter. Unless specifically exempted within following section 23- 22,
permits are required for removal of regulated trees and vegetation on all lands within the City of Atlantic Beach.
The permit requirements are not intended to restrict or adversely affect a property owners rights under
constitutional or statutory law, or otherwise preempt applicable Florida Statutes.
Sec. 23-8 Defmitions: Regulated tree shall mean any tree as follows: (1)Private regulated tree shall mean any
tree on private property, except those species listed on the Atlantic Beach Prohibited Species List,meeting the
following conditions: a. A DBH of eight(8)inches or more.
Sec. 23-23.Permits procedures. (a)(3)After-the-fact permits.Any person(s)engaging in the removal of regulated
tree(s)or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact
permit, and meet mitigation requirements as assessed.
Sec. 23- 33. Mitigation to be assessed.(a)Mitigation required.Replacement or relocation shall be the preferred
methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been
approved in accordance with section 23-37,mitigation in the form of tree replacement, relocation or preservation
shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of
the tree or vegetation removal permit.
Agenda Item #5.A.
02 May 2024
Page 94 of 171
Sec. 23-51. (d)Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in
violation of this chapter shall require an after-the-fact permit,the fee for which shall be two(2)times the normal
established application fee specified in section 23-26. In addition, as a condition of the permit,the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and
adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two(2)times the
normal established rate of mitigation specified in section 23-33.
This letter requests that the noted violation(s) be corrected by submitting a proposed mitigation plan to the
city within 10 day of receipt of this letter and once approved, paying mitigation funds or planting required
trees within thirty(30)days of approval of the mitigation plan.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or code@coab.uscoab.us if you have any questions or need additional information.
I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate.
S' ely,
usc
A ela Ir' 4111
CODE
ENFORCEMENT4
Agenda Item #5.A.
02 May 2024
Page 95 of 171
Irizarry,Angela
From: Broedell, Brian
Sent: Wednesday, March 22, 2023 11:42 AM
To:gusdunlop37@aol.com'
Subject: Tree Removal Permit 338 Plaza
Attachments: IMG_0820.jpg; IMG_0825.jpg; 338 Plaza TPC signed.pdf;Tree List.docx; Designated
Maritime Species.docx
Good morning,
We have received your permit for the two removed pine trees. Using measurements taken after the trees were removed
see attached pictures), we determined the diameter of the trees to be 23 inches and 27 inches. Required mitigation for
trees 14-30" in diameter is one inch owed for each inch removed, which is then doubled for trees removed without a
permit. As such, 100 total inches of mitigation is required for this removal (see attached calculation sheet).
Mitigation can be in the form of planting new trees and/or payment into the tree fund. For example, planting a 4"
caliper tree equals 4 inches of mitigation. Please submit a mitigation/landscape plan that shows how you will meet the
owed mitigation.
Note the following:
Payment is$150 per inch
Planted trees must be on the attached tree list, except palms will not count towards mitigation.
Designated Maritime Species receive double credit(i.e. 4" magnolia= 8" credit)
For example, planting two 4" live oaks,four 4" red cedars,five 4" crape myrtles, and paying for 32 inches would meet
mitigation.This is just an example though, many combinations of species,sizes, and payment could meet mitigation.
Let me know if you have any questions.
Thank you,
Brian Broedell, AICP
Principal Planner&Environmental Coordinator
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
904)247-5822
bbroedell(Wcoab.us
Want to receive City of Atlantic Beach news by email?Just say so in an email to info@coab.us.
Follow the City of Atlantic Beach on Facebook.
Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies
regarding State or Local business are public records available to the public and media upon request.Your email communications,
including your email address, may therefore be subject to public disclosure.
1
Agenda Item #5.A.
02 May 2024
Page 96 of 171
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Agenda Item #5.A.
02 May 2024
Page 97 of 171
Designated Maritime Species
1. Bald Cypress (Taxodium distichum).
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar).
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm),
4. Live Oak (Quercus virginiana).
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) .
6. Loblolly bay (Gordania lasianthus).
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay
Magnolia)
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
9. Tupelo (Nyssa sylvatica)
10. Pine (Loblolly) (pinus taeda), (Long-leaf) (Pinus palustris), (Pond) (Pinus Serotina)
Agenda Item #5.A.
02 May 2024
Page 98 of 171
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
SHADE TREES
Common Name Botanical Name
Ash, Green Fraxinus pennsylvanica
Ash, Water Fraxinus caroliniana
Bay, Loblolly Gordonia lasianthus
Cedar, Southern Red Juniperus silicicola
Cypress, Bald Taxodium distichum
Cypress, Pond Taxodium ascendens
Elm,American Ulmus americana
Elm, Florida Ulmus american floridana
Elm, Lacebark Ulmus parvifolia
Hickory, Mockernut Carya Tomentosa
Hickory, Pecan Carya illinoensis
Hickory, Pignut Carya glabra
Hickory,Water Carya aquatica
Loquat,Japanese Plum Eriobotrya japonica
Agenda Item #5.A.
02 May 2024
Page 99 of 171
Magnolia,Southern Magnolia grandiflora
Magnolia,Sweetbay Magnolia virginiana
Maple, Florida Acer barbatum
Maple, Red Acer rubrum
Oak, Live Quercus virginiana
Oak, Shumard Red Quercus shumardii
Oak, Swamp Chesnut Quercus michauxii
Pine, Loblolly Pinus taeda
Pine, Long-leaf Pinus palustris
Pine,Slash Pinus elliottii
Sugarberry Celtis laevigata
Sweetgum Liquidambar styraciflua
Sycamore Platanus occidentalis
Tupelo Nyssa sylvatica
PALM TREES
Common Name Botanical Name
Agenda Item #5.A.
02 May 2024
Page 100 of 171
Palm,Cabbage Sabal palmetto
Palm, Canary Island Date Phoenix canariensis
Palm, Pindo Butia capitata
Palm, Sylvester Date Palm Phoenix sylvestris
Palm, Washington Washingtonia robusta
UNDERSTORYOR ORNAMENTAL TREES
Common Name Botanical Name
Cedar, Red Juniperus virginiana
Crape Myrtle Lagerstroemia indica
Elm,Winged Ulmus alata
Holly,American Ilex opaca
Holly, Dahoon Ilex cassine
Holly, East Palatka Ilex attenuata
Holly,Yaupon Ilex vomitoria
Oak, Myrtle Quercus myrtifolia
Oak, Sand Live Quercus geminata
Agenda Item #5.A.
02 May 2024
Page 101 of 171
Oleander Nerium oleander
Podocarpus,Yew Podocarpus macrophyllus
Privet,Glossy Ligustrum lucidum
Privet,Japanese Ligustrum japonicum
Redbud Cercis canadensis
Wax Myrtle Myrica cerifera
Agenda Item #5.A.
02 May 2024
Page 102 of 171
ri y,J`l
J CITY OF ATLANTIC BEACH
s ,.` s 800 SEMINOLE ROAD
Al si ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
4'491319'' CERTIFIED MAIL RETURN RECEIPT
7013 1710 0002 1691 0650
2/1/2024
DUNLOP CLIFFORD WILSON LIFE ESTATE,
HARVARD CLIFFORD DUNLOP, DUNLOP ANGUS H JR
338 PLAZA
ATLANTIC BEACH,FL 32233-5442
Real Estate Number: 169963 0000 Case Number:24-004
Location of Violation: 338 PLAZA, 5-69 16-2S-29E.370 ATLANTIC BEACH LOTS 15,17,E1/2 LOT 19 BLK
10 Atlantic Beach,Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A review of the records for 338 PLAZA was conducted on 1/16/2024 & 2/1/2024. The City of Atlantic Beach
Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
NATURE OF VIOLATION:According to City of Atlantic Beach records,a tree removal application dated
March 8, 2023 was submitted to the city to seek after the fact approval for two pine trees removed from the
property without a valid permit. In accordance with code,the required mitigation for these two trees was
calculated to be 100 inches. As of today,the mitigation requirements have not been met.Please see enclosed
mitigation calculation worksheet, email dated 3/22/2023 from Brian Broedell and tree species lists.
APPLICABLE CODE:
Sec. 23-21. -Permits required by this chapter.Unless specifically exempted within following section 23-22,
permits are required for removal of regulated trees and vegetation on all lands within the City of Atlantic Beach.
The permit requirements are not intended to restrict or adversely affect a property owners rights under
constitutional or statutory law, or otherwise preempt applicable Florida Statutes.
Sec. 23-8 Definitions: Regulated tree shall mean any tree as follows: (1)Private regulated tree shall mean any
tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the
following conditions: a.A DBH of eight(8)inches or more.
Sec. 23- 23.Permits procedures. (a)(3)After-the-fact permits.Any person(s)engaging in the removal of regulated
tree(s)or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact
permit, and meet mitigation requirements as assessed.
Sec. 23- 33. Mitigation to be assessed. (a)Mitigation required.Replacement or relocation shall be the preferred
methods of mitigation.Unless mitigation in the form of payment into the tree conservation fund has been
approved in accordance with section 23-37,mitigation in the form of tree replacement,relocation or preservation
shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of
the tree or vegetation removal permit.
Agenda Item #5.A.
02 May 2024
Page 103 of 171
Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in
violation of this chapter shall require an after-the-fact permit, the fee for which shall be two(2)times the normal
established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall
immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and
adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two(2)times the
normal established rate of mitigation specified in section 23-33.
This letter requests that the noted violation(s) be corrected by submitting a proposed mitigation plan to the
city within 10 day of receipt of this letter and once approved, paying mitigation funds or planting required
trees within thirty(30)days of approval of the mitigation plan.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or code@coab.us if you have any questions or need additional information.
I, Angela Irizarry hereby swear and affirm that the above statement is true and accurate.
Si erely,
Angela I rry
CODE ENFORCEM r'
Agenda Item #5.A.
02 May 2024
Page 104 of 171
ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. Signature
Print your name and address on the reverse
4.
Agent
so that we can return the card to you.
X L_, 0 Addressee
Attach this card to the back of the mailpiece,
B. Rec vagi by(Print Name) C. Date of Delivery/
or on the front if space permits. L /' 7(. -(- . Z-'Z`1
1. Article Addressed to: D. s delivery address different from item 1? Yes
iLvP C\v (d Lx\soi• If YES,enter delivery address below: No
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Agenda Item #5.A.
02 May 2024
Page 105 of 171
2/22/2024
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
DUNLOP CLIFFORD WILSON LIFE
ESTATE, HARVARD CLIFFORD DUNLOP,
DUNLOP ANGUS H JR
338 PLAZA
ATLANTIC BEACH, FL 32233-5442
Dear Respondent:
Case Number: 24-004
Certified Mail Return Receipt:
7013 1710 0002 1691 8458
Property Address: 338 PLAZA
ATLANTIC BEACH, FL 32233
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on May 2, 2024 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard on the following alleged violations on the property known as 338 PLAZA,
5-69 16 -2S -29E.370 ATLANTIC BEACH LOTS 15,17,E 1/2 LOT 19 BLK 10 Atlantic Beach, Florida.
The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building
Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
International Property Maintenance Code / City Code of Ordinances
Sec. 23-21. - Permits required by this chapter. Unless specifically exempted within following section 23-
22, permits are required for removal of regulated trees and vegetation on all lands within the City of
Atlantic Beach. The permit requirements are not intended to restrict or adversely affect a property
owners rights under constitutional or statutory law, or otherwise preempt applicable Florida Statutes.
Sec. 23-8 Definitions: Regulated tree shall mean any tree as follows: (1) Private regulated tree shall
mean any tree on private property, except those species listed on the Atlantic Beach Prohibited Species
List, meeting the following conditions: a. A DBH of eight (8) inches or more.
Sec. 23- 23. Permits procedures. (a) (3) After -the -fact permits. Any person(s) engaging in the removal of
regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and
obtain an after -the -fact permit, and meet mitigation requirements as assessed.
Sec. 23-33. Mitigation to be assessed. (a) Mitigation required. Replacement or relocation shall be the
preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation
fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement,
relocation or preservation shall be required to offset any impacts resulting from the removal of regulated
trees/vegetation as a condition of the tree or vegetation removal permit.
Sec. 23-51. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation
removed in violation of this chapter shall require an after -the -fact permit, the fee for which shall be two
2) times the normal established application fee specified in section 23-26. In addition, as a condition of
Page 1 of 2
Agenda Item #5.A.
02 May 2024
Page 106 of 171
the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site
and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of
this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in
section 23- 33.
STATEMENT OF CODE ENFORCEMENT OFFICER:
According to City of Atlantic Beach records, a tree removal application dated March 8, 2023 was
submitted to the city to seek after the fact approval for two pine trees removed from the property without
a valid permit. In accordance with code, the required mitigation for these two trees was calculated to be
100 inches. Violation notices were sent on 1/16/2024 and 2/1/2024 but we received no response. As of
today, the mitigation requirements have not been met.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
ATTEST:
Ladayija Nichols, Deputy City Clerk
hereby swear and affirm that the above statement
Page 2 of 2
Agenda Item #5.A.
02 May 2024
Page 107 of 171
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Agenda Item #5.A.
02 May 2024
Page 108 of 171
Case Details City of Atlantic Beach Case Number 22‐096 Printed: Monday, 29 April, 2024 1 of 6 Description: SWO ‐ Covered rear porch and 8ft fence Status: ACTIVE CASE Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/27/2022 Closed: Last Action: 5/14/2024 Fllw Up: 4/5/2024 Site Address: 1110 SCHEIDEL CT 4 ATLANTIC BEACH, FL 32233 Site APN: 178958 0818 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 9/27/2022 9/27/2022 TELEPHONE CALL Angela Irizarry 10/5/2022 10/5/2022 Received call from Mitchel Skaff. He stated he purchased the house recently and the fence and rear porch were already there. Advised him that unfortunately, he still had to go through permitting. Advised him he would need a variance and gave his contact information to Amanda to call him to go over variances needed and the process. EMAIL RECEIVED Angela Irizarry 10/5/2022 10/5/2022 cc'd on an email from Amanda Askew to Mitchel Skaff summarizing their conversation regarding his unpermitted back porch, unpermitted fence and unpermitted pavers. EMAIL RECEIVED Angela Irizarry 10/21/2022 10/21/2022 Received email from Mitchel Skaff regarding getting a survey done. From: Mitchel Skaff [mailto:mskaff904@gmail.com] Sent: Friday, October 21, 2022 9:26 AM To: Askew, Amanda <aaskew@coab.us> Cc: Irizarry,Angela <aIrizarry@coab.us> Subject: Re: 1110 Scheidel St. Hi there, Agenda Item #5.B.02 May 2024
Page 109 of 171
Case Details City of Atlantic Beach Case Number 22‐096 Printed: Monday, 29 April, 2024 2 of 6 I have reached out to Boatwright Land Surveyors and am waiting on them to let me know which day they will be coming out to do the updated survey. They said it could take up to 3‐4 weeks for it to be completed once the updated survey is done. I will keep you posted! Thank you, Mitchel Skaff EMAIL SENT Angela Irizarry 1/6/2023 1/6/2023 Sent email to Mitchel Skaff to check on status. NOV REG Angela Irizarry 3/14/2023 3/14/2023 EMAIL RECEIVED Angela Irizarry 3/28/2023 3/28/2023 Received email from Sandra Skaff with the new survey. TELEPHONE CALL Angela Irizarry 3/29/2023 3/29/2023 Spoke with respondent and with Sandy Skaff who is helping respondent with this issue. They both spoke with Abrielle to go over impervious, & setback variances. They will cut the fence down to 6 feet. NOV REG Angela Irizarry 5/5/2023 5/5/2023 Owner has not submitted any applications for the structure or for a variance. Sent another violation notice. EMAIL RECEIVED Angela Irizarry 5/11/2023 5/11/2023 From: Mitchel Skaff [mailto:mskaff904@gmail.com] Sent: Thursday, May 11, 2023 11:09 AM To: Irizarry,Angela <aIrizarry@coab.us> Cc: Mom <skaff4@aol.com> Subject: Case 22‐096 Update for 1110 Scheidel Ct Hi there Angela, I received your letter this morning notifying us again of the Code Enforcement violation. Wanted to provide a quick update that we have been working with Abrielle and Derek in order to properly fill out our Variance Application. We have the attached Variance Application started but again, there are a few areas we were not sure how to fill out and/or needed further details so that we could clearly state our case (our lot size vs standard, impervious surface calculations, etc). Abrielle and Derek have been extremely Agenda Item #5.B.02 May 2024
Page 110 of 171
Case Details City of Atlantic Beach Case Number 22‐096 Printed: Monday, 29 April, 2024 3 of 6 helpful here. I believe we are supposed to meet with Abrielle today, actually. The other caveat here is I am actually leaving for my honeymoon in Europe early next week, returning June 5th. Last we spoke to Abrielle, she said we should submit our Variance Application after May 29th so that we could either join the Board Hearing on June 20th or even July 18th if that was easiest. Hope this provides some clarity here, and I apologize for the delayed response. Will try to keep you more up to date on our progress! Kind regards, Mitch TELEPHONE MESSAGE Angela Irizarry 5/11/2023 5/11/2023 Sandra Skaff called to make sure we received her son's email. OTHER Angela Irizarry 5/19/2023 5/19/2023 Submitted Variance Application. Scheduled for 6/12/23 hearing. OTHER Angela Irizarry 6/21/2023 6/21/2023 Variance application went before the CDB on 6/20/2023 and was denied. Owner has 30 days to appeal to commission. EMAIL RECEIVED Angela Irizarry 7/11/2023 7/11/2023 From: Askew, Amanda Sent: Tuesday, July 11, 2023 11:03 AM To: Genest, Abrielle <agenest@coab.us>; Broedell, Brian <bbroedell@coab.us>; Irizarry,Angela <aIrizarry@coab.us> Subject: 1110 Scheidel Court Just a heads up that 1110 Scheidel Ct. is going to file an appeal of the CDB decision. The due date for the appeal is 7/21. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 Agenda Item #5.B.02 May 2024
Page 111 of 171
Case Details City of Atlantic Beach Case Number 22‐096 Printed: Monday, 29 April, 2024 4 of 6 904‐247‐5841 OTHER Angela Irizarry 7/17/2023 7/17/2023 Owner submitted an appeal to commission for the CDB denial of their variance. OTHER Angela Irizarry 10/16/2023 10/16/2023 Appeal is scheduled for the end of this month. OTHER Angela Irizarry 10/30/2023 10/30/2023 Owners presented appeal of the CDB's denial of their variance application to Commission. Appeal was denied by Commission. OTHER Angela Irizarry 11/6/2023 11/6/2023 Denial order emailed to Mitchel Skaff by Amanda Askew. Owner has 30 days to appeal to circuit court. NOV CERT Angela Irizarry 1/10/2024 1/10/2024 Sent follow up letter. No action has been taken since their variance denial by the CDB and their appeal denial before commission. Letter was mailed via certified and via regular usps mail. TELEPHONE CALL Angela Irizarry 1/16/2024 1/16/2024 Spoke with Sandy Skaff. She stated that the Mayor suggested they get an attorney and asked if they should do that before they start taking down the pergola. I responded that I could not give her legal advice. The variances required to keep the covered rear porch were denied by the CDB and Commission. The case would go to the special magistrate if it wasn't removed and they were welcome to ask the magistrate for an extension of they needed it. NOTICE OF HEARING Angela Irizarry 3/19/2024 3/19/2024 CMRR STATUS UPDATE Angela Irizarry 4/17/2024 CODE ENFORCEMENT AGENDA Angela Irizarry 4/25/2024 CODE ENFORCEMENT ORDER Angela Irizarry 5/14/2024 Agenda Item #5.B.02 May 2024
Page 112 of 171
Case Details City of Atlantic Beach Case Number 22‐096 Printed: Monday, 29 April, 2024 5 of 6 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER SKAFF MITCHEL 1110 SCHEIDEL CT ATLANTIC BEACH, FL 32233‐3515 (904)813‐5247 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES Fences No Permit Angela Irizarry 9/27/2022 Sec. 24‐157. Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24‐17. Fences must be constructed out of materials that are customarily used for fences. Fences Too Tall Angela Irizarry 9/27/2022 Sec. 24‐157. ‐ Fences, walls and similar structures. (b) Height and location. (1)Within required front yards, the maximum height of any fence shall be four (4) feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples, with vertical rails no more than two (2) inches in width and spacing of at least four (4) inches may be constructed to a maximum height of five (5) feet except in cases as described in following subsection (2). Within required side or rear yards, the maximum height of any fence shall be six (6) feet. SWO FLORIDA BLDG CODE Angela Irizarry 9/27/2022 FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Agenda Item #5.B.02 May 2024
Page 113 of 171
Case Details City of Atlantic Beach Case Number 22‐096 Printed: Monday, 29 April, 2024 6 of 6 Zoning District Angela Irizarry 1/10/2024 REAR YARD Setbacks Sec. 24‐108. ‐ Residential, multi‐family district (RG‐M). (e) Minimum yard requirements. The minimum yard requirements in the RG‐M zoning are: b. Two‐family (duplex) dwellings and townhouse: Seven and one‐half (7.5) each side. Zoning District Angela Irizarry 1/10/2024 Onsite storage requirement Sec. 24‐68. ‐ Stormwater, drainage, storage and treatment requirements. (b)Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (2) Projects which do not exceed the fifty (50) percent threshold described in subsection (1) above, but increase the impervious surface on the development parcel by more than two hundred fifty (250) square fee shall provide onsite storage of stormwater for the increase in the impervious surface area only. Zoning District Angela Irizarry 1/10/2024 Impervious Surface Sec. 24‐108. ‐ Residential, multi‐family district (RG‐M). (f) Building restrictions. The building restrictions for the RG‐M zoning district shall be as follows:(1) Maximum impervious surface: Forty‐five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre‐existing impervious surface percentage, provided the requirements of section 24‐68 are met. Agenda Item #5.B.02 May 2024
Page 114 of 171
Agenda Item #5.B.
02 May 2024
Page 115 of 171
Agenda Item #5.B.
02 May 2024
Page 116 of 171
Irizarry,Angela
From: Askew, Amanda
Sent: Wednesday, October 5, 2022 5:21 PM
To:mskaff904@gmail.com
Cc: Irizarry,Angela
Subject: 1110 Scheidel St.
Attachments: 1110 Scheidel Ct 2015 fence.pdf
Good afternoon Mr. Skaff,
As I mentioned on our phone call, I'm following up with you via email because we covered a lot of material.
History recap:
The city received an inadvertent inquiry about the improvements (fence, pavers and porch) made to
1110 Scheidel Ct.
We have no building permit records for these improvements and a stop work order was issued for this
property.
There are several steps and/or ways to come into compliance with the stop work order:
Submit a building permit application for all unpermitted work (based on what was relayed and what
can be seen on the property appraisers website, there could be some issues approving
permit. However, without a copy of your survey and a site plan this cannot be verified.
If the building permit is denied because of zoning issues (lot coverage, fence height, setbacks, drainage,
etc.) then the variance route is an available option. As I mentioned, variances can only be approved by
the community development board if they find one of the six factors are meet as listed in section 24- 65
d). This is a link to those conditions:
https://library.municode.com/fl/atlantic beach/codes/code of ordinances?nodeld=PTIICOOR CH24L
ADEREARTIIIZORE DIV3APPR S24-6
The application for a variance can be found at: https://fl-
atlanticbeach3.civicplus.com/DocumentCenteJView/9752/Variance-Application?bidld=. The next
steps after the variance process depends on the outcome of your request.
Prior to submission of a buildng permit, if you determine you will not get approval of your building
permit for zoning reasons you can skip the buidling permit process and go straight to the varinace
process.
OR
Remove all unpermit improvements.
I have copied Angela Irizarry, our code enforcment officer, on this email to keep her in the loop. As discussed,
as long as you are working with the city to come to a resolution we will not schdule a hearing before the
special magistrate. I encourage you to continue to communicate with us as we go through this procress.
Attached is an older copy of the survey we have on-file for this property. As a starting point, I recommend you
measureing and drawing in unpermit improvement to determine if a variance is necessary.
Agenda Item #5.B.
02 May 2024
Page 117 of 171
This property is zoned Residential General Multi-family (RG-M). As outlined by section 24-108 the following
are the setbacks and lot coverage:
e) Minimum yard requirements. The minimum yard requirements in the RG-M zoning are:
1) Front yard:Twenty (20) feet.
2) Rear yard: Twenty (20) feet.
3) Side yard:
a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either
side.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half(7.5) each side.
c. Multi-family dwellings: Fifteen (15) feet each side.
f) Building restrictions. The building restrictions for the RG-M zoning district shall be as follows:
1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing
structures and improvements on a parcel exceed this applicable percentage, redevelopment of such
parcels or additions/modifications to such structures and improvements shall not exceed the pre-
existing impervious surface percentage, provided the requirements of section 24- 68 are met.
2) Maximum building height: Thirty-five (35) feet.
SOOtEtDEL
e4„
ala
4
1104 SOiEIDEI
s .' 1 04 SktlEl
Other sections of the zoning code that might be applicable to these improvement include fence regulations
24-157 and the required on-site stormwater requirements (24-68). All of our codes can be found at
https1/library_.munic_ode.comJfl/aslant c_beach/codes/code of ordinances
Please free to contact myself or Ms. Irizarry if you have an questions.
Amanda L. Askew, AICP
2
Agenda Item #5.B.
02 May 2024
Page 118 of 171
Director of Planning and Community Development
800 Seminole Road
Atlantic Beach, FL 32266
904-247-5841
3
Agenda Item #5.B.
02 May 2024
Page 119 of 171
Irizarry,Angela
From: Irizarry,Angela
Sent: Friday,January 6, 2023 2:32 PM
To:Mitchel Skaff
Subject: RE: 1110 Scheidel St.
Good afternoon,
I am just writing to check up on the status of survey and application for the fence and rear yard structure. Can you let
me know if the survey is complete and if you are ready to submit?
From: Mitchel Skaff[mailto:mskaff904@gmail.com]
Sent: Friday,October 21,2022 9:26 AM
To:Askew,Amanda <aaskew@coab.us>
Cc: Irizarry,Angela<alrizarry@coab.us>
Subject: Re: 1110 Scheidel St.
Hi there,
I have reached out to Boatwright Land Surveyors and am waiting on them to let me know which day they will
be coming out to do the updated survey. They said it could take up to 3-4 weeks for it to be completed once the
updated survey is done.
I will keep you posted!
Thank you,
Mitchel Skaff
On Fri, Oct 7, 2022 at 11:42 AM Mitchel Skaff<mskaff904@gmail.com>wrote:
Thank you for the detailed email outlining my options. I want to be very proactive in resolving this issue and
having this up to code and permitted.
As you can imagine, deciding on what route to go is a bit overwhelming. I'd like to have someone come out to
my condo that can tell me exactly what needs to be modified in order for it to be permitted because I'm unsure
of each code and what exactly needs to be modified regarding the Pergola to correct the issues. Can you
recommend someone from the city to come out that can tell me what changes need to be made or would I call a
general home inspector or even a general contractor? Who is it that I need to reach out to that can tell me
exactly what needs to be done to resolve this.
I would appreciate any further help in getting this resolved.
Kindly
Mitchel Skaff
904-885-5700
On Wed, Oct 5, 2022 at 5:21 PM Askew, Amanda <aaskew@coab.us>wrote:
Good afternoon Mr. Skaff,
1
Agenda Item #5.B.
02 May 2024
Page 120 of 171
el 'r'
3r...) Ir.', }
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
f.,
In ATLANTIC BEACH, FL 32233
J
PHONE (904) 247-5800
3/14/2023
SKAFF MITCHEL
1110 SCHEIDEL CT
ATLANTIC BEACH, FL 32233-3515
Real Estate Number: 178958 0818 Case Number: 22-096
Location of Violation: 1110 SCHEIDEL CT 4, 38-2S-29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18
INT COMMON ELEMENTS O/R 12848-787 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
A review of the records related to 1110 SCHEIDEL CT 4 was conducted on 3/ 13/2023. The City of Atlantic
Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of
Ordinances:
NATURE OF VIOLATION: A stop work order was posted on the property or construction of a covered patio
structure in the rear of the home and an 8 feet fence without a permit. To date,we have not received a building
application for the fence or structure.Fences in excess of 6 feet require an approved variance from the
Community Development Board.
APPLICABLE CODES:
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter,
repair,remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,
repair,remove, convert or replace any required impact resistant coverings, electrical,gas, mechanical or plumbing
system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit.
Sec. 24-157. Fences,walls and similar structures. (a)Permit required. Issuance of a permit is required for any new
or replacement fence or wall and all new or replacement fences and walls shall comply with the following
provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences
must be constructed out of materials that are customarily used for fences.
Sec. 24-157. -Fences,walls and similar structures. (b)Height and location. (1)Within required front yards,the
maximum height of any fence shall be four(4)feet, except that open ornamental aluminum, iron or vinyl or wood
fences, similar to the below examples,with vertical rails no more than two(2)inches in width and spacing of at
least four(4)inches may be constructed to a maximum height of five(5)feet except in cases as described in
Agenda Item #5.B.
02 May 2024
Page 121 of 171
following subsection(2).Within required side or rear yards,the maximum height of any fence shall be six(6)
feet.
This letter requests that the noted violation(s) be corrected by submitting a permit application for the
structure and fence within ten (10) days of the receipt of this notice. The 8 foot fence cannot be approved as
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
I, An6ecct,-- c‘Ar(1 , hereby swear and affirm that the above statement is true and
accurate.
iiiily,
ini4S(24"‘ 75-
25________„,Angela Iriza
CODE ENFORCEMENT
Agenda Item #5.B.
02 May 2024
Page 122 of 171
Irizarry,Angela
From: Irizarry,Angela on behalf of Code Enforcement Officer
Sent: Tuesday, March 28, 2023 4:54 PM
To:Genest, Abrielle
Subject: FW: 1110 SCHEIDEL CT
Attachments: 2022-1490 SS.pdf
From:Skaff,Sandra [mailto:sskaff@bayada.com]
Sent:Tuesday, March 28,2023 4:44 PM
To:Code Enforcement Officer<code@coab.us>
Subject: Fwd: 1110 SCHEIDEL CT
Get Outlook for iOS
From: Sandy Skaff<skaff4@aol.com>
Sent: Monday, March 27, 2023 2:57 PM
To: Skaff, Sandra <sskaff@bayada.com>
Subject: Fwd: 1110 SCHEIDEL CT
CAUTION:This email originated from outside of BAYADA.Beware of links and attachments.
Sent from my iPhone
Begin forwarded message:
From: Kat Peet <kpeet@boatwrightland.com>
Date: November 14, 2022 at 10:17:28 AM EST
To: skaff4@aol.com
Cc: mskaff904@gmail.com
Subject: 1110 SCHEIDEL CT
Admin
Boa tnvright Durden Land Surveyors
1500 Roberts Drive
Jacksonville Beach, FL 32250
Phone: 904-241-8550
Fax: 904-241-3346
1
Agenda Item #5.B.
02 May 2024
Page 123 of 171
Agenda Item #5.B.02 May 2024Page 124 of 171
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
I ' ATLANTIC BEACH, FL 32233
PHONE (904)247-5800
RI r
5/ 5/2023
SKAFF MITCHEL
1110 SCHEIDEL CT
ATLANTIC BEACH, FL 32233-3515
Real Estate Number: 178958 0818 Case Number: 22-096
Location of Violation: 1110 SCHEIDEL CT 4, 38-2S-29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18
NT COMMON ELEMENTS O/R 12848-787 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6- 16.
A review of the records related to 1110 SCHEIDEL CT 4 was conducted on 3/13/2023. The City of Atlantic
Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of
Ordinances:
NATURE OF VIOLATION: A stop work order was posted on the property or construction of a covered patio
structure in the rear of the home and an 8 feet fence without a permit. To date, we have not received a building
application for the fence or structure. During our last conversation on March 29,2023 you indicated your intent to
apply for a variance for the covered patio. To date,we have not received any applications from you.
APPLICABLE CODES:
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter,
repair,remove,demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,
repair,remove, convert or replace any required impact resistant coverings, electrical, gas,mechanical or plumbing
system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit.
Sec. 24-157. Fences,walls and similar structures. (a)Permit required. Issuance of a permit is required for any new
or replacement fence or wall and all new or replacement fences and walls shall comply with the following
provisions.Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may
be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences
must be constructed out of materials that are customarily used for fences.
Sec. 24-157. -Fences,walls and similar structures. (b)Height and location. (1)Within required front yards,the
maximum height of any fence shall be four(4)feet, except that open ornamental aluminum, iron or vinyl or wood
fences, similar to the below examples,with vertical rails no more than two(2)inches in width and spacing of at
least four(4)inches may be constructed to a maximum height of five(5)feet except in cases as described in
Agenda Item #5.B.
02 May 2024
Page 125 of 171
following subsection(2). Within required side or rear yards,the maximum height of any fence shall be six(6)
feet.
This letter requests that the noted violation(s) be corrected by submitting a permit application for the
structure and fence within ten(10) days of the receipt of this notice or removing the unpermitted work.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
I, l71;l it hereby swear and affirm that the above statement is true and
accurate.
S'
Angela Iriz. el
C)Alk?
5---
CODE ENFORCEMENT
Agenda Item #5.B.
02 May 2024
Page 126 of 171
Irizarry,Angela
From: Mitchel Skaff <mskaff904@gmail.com>
Sent: Thursday, May 11, 2023 11:09 AM
To:Irizarry,Angela
Cc:Mom
Subject: Case 22-096 Update for 1110 Scheidel Ct
Attachments: Variance app start.pdf
Hi there Angela,
I received your letter this morning notifying us again of the Code Enforcement violation. Wanted to provide a
quick update that we have been working with Abrielle and Derek in order to properly fill out our Variance
Application. We have the attached Variance Application started but again, there are a few areas we were not
sure how to fill out and/or needed further details so that we could clearly state our case (our lot size vs standard,
impervious surface calculations, etc). Abrielle and Derek have been extremely helpful here.
I believe we are supposed to meet with Abrielle today, actually.
The other caveat here is I am actually leaving for my honeymoon in Europe early next week,returning June 5th.
Last we spoke to Abrielle, she said we should submit our Variance Application after May 29th so that we could
either join the Board Hearing on June 20th or even July 18th if that was easiest.
Hope this provides some clarity here, and I apologize for the delayed response. Will try to keep you more up to
date on our progress!
Kind regards,
Mitch
0
1
Agenda Item #5.B.
02 May 2024
Page 127 of 171
L1n VARIANCE APPLICATION FOR INTERNAL OFFICE USE ONLY
i City of Atlantic Beach PERMIT#
oei sl Community Development Department
n r 800 Seminole Road Atlantic Beach, FL 32233
01119‘1" (P) 904-247-5800
APPLICANT INFORMATION
NAME Mitchel and Connor Skaff EMAIL mskaff904@gmail.com
ADDRESS 1110 Scheidel Court CITY Atlantic Beach STATE FL ZIP CODE 32233
PROPERTY LOCATION PHONE# 904-885-5700 CELL# 904-874-9488
RE#BLOCK# LOT#
LOT/PARCEL SIZE ZONING CODE UTILITY PROVIDER
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
PROVISION FROM WHICH VARIANCE IS REQUESTED Pergola
Homeowner's Association or Architectural Review Committee approval required for the proposed construction
YES NO (if yes,this must be submitted with any application for a Building Permit)
Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning,
Subdivision and Land Development Regulations,a copy of which is attached to this application. Statement and site plan must clearly
describe and depict the Variance that is requested.
PROVIDE ALL OF THE FOLLOWING INFORMATION
all information must be provided before an application is scheduled for any public hearing):
1.Proof of ownership:deed or certificate by lawyer or abstract or title company that verifies record owner as above.
2.If the applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all
purposes related to this application.
3.Survey and legal description of property for which Variance is sought.
4.Required number of copies:One(1)digital copy-additional paper copy is optional.
5.Application fee of$300.00.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent
Mitchel Skaff
SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE
Connor Skaff
SIGNATURE OF APPLICANT(2) PRINT OR TYPE NAME DATE
Signed and sworn before me on this day ofby State of
County of
Identification verified:
Oath Sworn: Yes No
Notary Signature
19 VARIANCE APPLICATION 08.25.2020 My Commission expires
Agenda Item #5.B.
02 May 2024
Page 128 of 171
The following paragraph sets forth reasons for which a Variance may be approved, please check the
circumstances that apply to your request and briefly describe in the space provided.
Grounds for approval of a Variance:A Variance may be granted at the discretion of the Community Development Board,for the
following reasons.
0 1. Exceptional topographic conditions of or near the property.
2. Surrounding conditions or circumstances impacting the property disparately from nearby properties.
E 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
O 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
O 5. Irregular shape of the property warranting special consideration.
Ix 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property.
Abnormally small lot per code enforcement.House sits on a hill,
a. Approval of a Variance. To approve an application for a Variance,the Community Development Board shall find that the request
is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony
with the Purpose and Intent of this Chapter.
b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than
requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the
Purpose and Intent of this Chapter.
c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands,Structures or Buildings shall not be grounds for approval
of a Variance.
d. Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board,no further
action on Another application for substantially the same request on the same property shall be accepted for 365 days from the
date of denial.
e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,the work to be
performed pursuant to a Variance shall begin within six(6)months from the date of approval of the Variance. The Community
Development Director,upon finding of good cause,may authorize a one time extension not to exceed an additional six(6)
months,beyond which time the Variance shall become null and void.
f. A Variance,which involves the Development of Land,shall be transferable and shall run with the title to the Property unless
otherwise stipulated by the Community Development Board.
19 VARIANCE APPLICATION 08.25.2020
Agenda Item #5.B.
02 May 2024
Page 129 of 171
ADDITIONAL COMMENTS:
My wife and I purchased this condo a year ago(it was previously a Habitat for Humanity property).We were so excited to live in Atlantic Beach.We
both graduated from college,saved our money and couldn't wait to buy our first home together.All we wanted was to find a place we could afford
at the beach.
The pergola was the selling point for us as it was well-made and just beautiful,as you can see from the pictures,it's not any old pergola!We spend
most of our time in that space entertaining friends and family!
Unfortunately,it was not disclosed to us by the previous owner that it was not permitted before it was built.
Since becoming aware of the issue,we have obtained a new Land Survey,spoken with Angela and Abrielle of code enforcement multiple times to
get advice on next steps.We have also reached out to Public Works,as instructed.It has been suggested to us that we come before the board to
plead our case and to ask for a variance, whereas we are able to keep our pergola with some adjustments.
Regarding the pavers,we have been told that even if we removed all the pavers except for the driveway,we would still be at 47%impervious,
which is still 2%over the code.
We are requesting a hardship be considered regarding the size of our lot,we would like it to be known that our lot size,in comparison to other lots,
told to us by code enforcement,is significantly smaller,allowing much less opportunity for design.
Regarding the value of our condo,it would dramatically drop without the pergola,we would be paying a significant amount of our mortgage
without the full value.It would be devalued tremendously along with the value of this neighborhood.We would likely be forced to sell our home
and it would be catastrophic to us from a financial standpoint,as well as,personally. We are assurred this pergola adds value to this particular area
of Atlantic Beach and certainly to our street.
In closing,we cannot overstate how catastrophic losing the pergola would be for us personally and financially.We would be forced to strongly
consider moving out of Atlantic Beach,which we have grown to love over the past year.We have built our lifestyle with out condo and Atlantic
Beach itself. We certainly could not afford anywhere else in Atlantic Beach. So,we humbly ask that you please,please allow us to keep the pergola
with whatever modifications you deem necessary.We cannot express how grateful and relieved we would be to be allowed to keep our pergola.
Thank you for your time and consideration in this stressful matter.
Mitchel and Connor Skaff
19 VARIANCE APPLICATION 08.25.2020
Agenda Item #5.B.
02 May 2024
Page 130 of 171
Irizarry,Angela
From: Genest, Abrielle
Sent: Friday, May 19, 2023 2:40 PM
To:Irizarry,Angela
Subject: FW: Variance application, etc for Skaff- 1110 Scheidel Ct.
Attachments: Variance application.pdf; Land Survey Skaff.pdf;Warranty Deed- Mitchel and Connor
Skaff.pdf
FYI...
From:Skaff,Sandra [mailto:sskaff@bayada.com]
Sent: Friday, May 19, 2023 2:30 PM
To: Genest,Abrielle <agenest@coab.us>; mskaff904@gmail.com
Cc: Skaff, Sandra <sskaff@bayada.com>
Subject:Variance application, etc for Skaff- 1110 Scheidel Ct.
Hi Abrielle-
Attached are the Variance Application, Land Survey, and Warranty Deed needed for the variance hearing. And below is
the link to the pictures of the Pergola. (Please let us know if you are not able to view the pictures).
https://drive.google.com/drive/folders/1YIgNJRtC3DsxHgrNkZx6a8F-Vx7EnCxh?usp=share link
Can you please confirm that you received this email and let us know if anything else is needed to schedule the hearing?
Thank you!
Mitchel Skaff and Connor Millsaps
Spread the word and earn a by referring a friend.
Ctif f
Y
BAYADA
WE LOVE WHAT WE DO
nom B
CONFIDENTIALITY NOTICE:This email may contain information belonging to BAYADA and is protected by law.Do not forward,copy,or otherwise disclose to anyone
unless permitted by BAYADA or required by law.If you are not the intended recipient,please notify the sender immediately.
1
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City of Atlantic Beach
s, Community Development Dept.
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
http://www.coab.us
Order of the Community Development Board
APPLICANT: Mitchel Skaff and Connor Millsaps
1110 Scheidel Court,(RE #178958-0818)
Atlantic Beach, FL 32233
FILE NUMBER: ZVAR23-0016
DATE OF PUBLIC HEARING: June 20, 2023
ORDER DENYING VARIANCE
The above referenced applicant requested a variance as permitted by Section 24-65, from Section 24-
108 to reduce the minimum rear yard setback, maximum impervious surface area, and Section 24-68 the
required on-site water retention to allow an existing unpermitted covered patio and unpermitted pavers
at 1110 Scheidel Court.
On June 20, 2023 a public hearing was held and said request was considered by the City of Atlantic Beach
Community Development Board (CDB). Having considered the application, supporting and documents
comments from the members of the public, the Community Development Board DENIED the approval of
the variance. The Community Development Board made a motion to deny the variance, the motion to
deny passed with a vote of 6-0. The CDB found that the request did not meet any grounds from Section
24-65(c) of the Land Development Regulations establishing grounds for approval of a variance.
Per Section 24-65(g), no further action on another application for substantially the same request (same
location) on the same property shall be accepted for three hundred sixty-five (365) days from the date of
the denial.
Appeals of a decision of the Community Development Board may be made to the City Commission by any
adversely affected person(s). Such appeal shall be filed in writing with the City Clerk within thirty (30) days
after rendition of this Order. The appellant shall present to the City Clerk a petition duly verified, setting
forth that the decision being appealed is in conflict with or in violation of Chapter 24, Zoning, Subdivision
and Land Development Regulations for the City of Atlantic Beach, in whole or in part, and specifying the
grounds of the conflict or violation. The petition shall be presented to the City Commission within thirty
30) days after the filing of the appeal with the City Clerk.
The undersigned certifies that the above Order of the Community Development Board is a true and correct
rendition of the Order adopted by said Board as appears in the record of the Community Development
Board minutes.
DATED THIS 21ST DAY OF JUNE 2023.
Amanda L. Askew
Planning and Community Development Director
Agenda Item #5.B.
02 May 2024
Page 158 of 171
Irizarry,Angela
From: Askew, Amanda
Sent: Tuesday, July 11, 2023 11:03 AM
To:Genest, Abrielle; Broedell, Brian; Irizarry,Angela
Subject: 1110 Scheidel Court
Just a heads up that 1110 Scheidel Ct. is going to file an appeal of the CDB decision. The due
date for the appeal is 7/21.
Amanda L. Askew, AICP
Director of Planning and Community Development
800 Seminole Road
Atlantic Beach, FL 32266
904-247-5841
1
Agenda Item #5.B.
02 May 2024
Page 159 of 171
Agenda Item #5.B.
02 May 2024
Page 160 of 171
Irizarry,Angela
From: Askew, Amanda
Sent: Monday, November 6, 2023 11:24 AM
To:Mitchel Skaff; Connor Millsaps
Cc: Irizarry,Angela
Subject: 1110 Scheidel Court - Order of Denial
Attachments: 1110 Scheidel Court APP23-0002 Order of Denial.pdf
Good morning,
Attached you will find the official record from your appeal hearing. It is an order affirming the denial of the
variance by the Community Development Board by Commission. We'll also mail you a hard copy.
Our process, is to send the order of denial to the applicant. We will wait 30 days before we move forward
with code enforcement. This 30 day timeframe is to allow you the opportunity to appeal the decision by
Commission to circuit court. If we haven't received notice that you are filing with circuit court, then we'll
move forward with code enforcement process. However, you are welcome to contact me prior to the 30 day
period if you are not appealing to circuit court and we can help you with the correction process.
Please let me know if you have any questions.
Amanda L. Askew, AICP
Director of Planning, Community Development& Building
800 Seminole Road
Atlantic Beach, FL 32266
904-247-5841
1
Agenda Item #5.B.
02 May 2024
Page 161 of 171
BEFORE THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH
IN RE: Appeal of Denial of
Variance Application ZVAR23-0016
Mitchel Skaff and Connor Millsaps
1110 Scheidel Court
ORDER AFFIRMING THE DENIAL OF VARIANCE ZVAR23-0016
BY THE COMMUNITY DEVELOPMENT BOARD
This matter came to be heard upon the appeal of the decision of the Community
Development Board, dated June 20, 2023, to deny variance application ZVAR23-0016 for an
unpermitted covered porch and pavers at 1110 Scheidel Court(the"Subject Parcel"),timely filed
pursuant to Section 24-49 of the City of Atlantic Beach's Land Development Regulations by the
applicants,Mitchel Skaff and Connor Millsaps("Applicants")on behalf of themselves,dated July
17,2023.
Having duly considered the record documents transmitted to this Commission, as well as
both testimonial and documentary evidence presented at the appeal hearing on October 30, 2023,
the City Commission of the City of Atlantic Beach hereby,
FINDS AND DETERMINES:
A. That the Applicant requested a variance to reduce the rear yard setback from the
required 20 feet to 3. 8 feet,reduce the southern side yard from the required 7 feet to 5
feet,reduce the northern side yard setback from the required 7 feet to 5. 5 feet,increase
the maximum lot coverage to 75.6% and to waive the requirement for on-site
stormwater; and
B. That the requested variance at the Subject Parcel at 1110 Scheidel Court does not meet
any of the criteria in Section 24-65(c);and
C. That an error was not made in the Community Development Board's decision to deny
variance application, ZVAR23-0016.
Agenda Item #5.B.
02 May 2024
Page 162 of 171
NOW, THEREFORE, based upon the foregoing, it is ORDERED by the City
Commission:
1. The appeal of the Community Development Board's Order denying variance VAR23-
0016, taken by the Applicant, is hereby DENIED.
2. The denial of variance application ZVAR23-0016 is hereby AFFIRMED.
Denied by the City Commission on October 30, 2023.
Executed this 44-h day of November 2023.
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA
C4ARTI4S F
Mayor
FILED WITH THE CITY CLERK this 6+41 day of November 2023.
4E2,1441-14., k i 4
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
JAC:1-1S
City Attorney
2
Agenda Item #5.B.
02 May 2024
Page 163 of 171
4 CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH,FL 32233
PHONE(904) 247-5800
CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 0582
1/10/2024
SKAFF MITCHEL SENT VIA CERTIFIED
1110 SCHEIDEL CT AND REGULAR USPS MAIL
ATLANTIC BEACH,FL 32233-3515
Real Estate Number: 178958 0818 Case Number:22-096
Location of Violation: 1110 SCHEIDEL CT 4, 38-2S-29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18
INT COMMON ELEMENTS O/R 12848-787 Atlantic Beach,Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for propertywithin the City. These standards are set forthh'
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A review of the records related to 1110 SCHEIDEL CT 4 was conducted on 1/10/2024. The City of Atlantic
Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of
Ordinances:
VIOLATIONS:
1. Unpermitted fence
a. Unpermitted fence—rear yard. Fencing has been installed in the back yard. This fence
exceeds 6 feet in height. The maximum height permitted by code in the rear and side yards is
6 feet.
b. Unpermitted fence—front yard. Unpermitted 6 ft fence installed in the front yard. The
maximum height of fencing in the required front yard is 4ft.
Applicable code:
Sec. 24-157.Fences, walls and similar structures. (a)Permit required. Issuance of a permit is
required for any new or replacement fence or wall and all new or replacement fences and walls
shall comply with the following provisions.Nonconforming fences shall not be replaced with
nonconforming fences. The term fence and wall may be used interchangeably within this chapter,
and shall mean as specifically defined within section 24-17.Fences must be constructed out of
materials that are customarily used for fences.
b)Height and location. (1)Within required front yards,the maximum height of any fence shall be
four(4)feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the
below examples,with vertical rails no more than two(2)inches in width and spacing of at least
four(4)inches may be constructed to a maximum height of five(5)feet except in cases as
described in following subsection(2). Within required side or rear yards,the maximum height of
any fence shall be six(6)feet.
Agenda Item #5.B.
02 May 2024
Page 164 of 171
2. Unpermitted rear porch—A covered porch structure was added to the rear of the home without a
permit. In accordance with the Florida Building Code, all new structures require a valid building
permit prior to construction.
Applicable code:
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to
construct, enlarge, alter,repair,remove, demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair,remove, convert or replace any required impact
resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is
regulated by this code, or to cause any such work to be done, shall first make application to the
Building Official and obtain the required permit.
3. Unpermitted rear porch—Setback Encroachment—The unpermitted structure encroaches into the rear
and side setbacks.
a. Setbacks
i. Rear Setback—According to the survey, the unpermitted porch is only 3. 8 feet off the
rear property line
ii. Side Yard Setback(south)—According to the survey,the unpermitted porch is only 5
feet from the south side property line
iii. Side Yard Setback(north)—According to the survey,the unpermitted porch is only
5. 5 feet from the north side property line.
A variance application was considered by the Community Development Board for the setback
encroachment on 6/20/2023 and was denied. The denial was upheld by the City of Atlantic Beach
Commission on 10/20/2023.
Applicable code:
Sec. 24-108. -Residential, multi-family district(RG-M). (e)Minimum yard requirements. The
minimum yard requirements in the RG-M zoning are: (1)Front yard: Twenty(20)feet.(2)Rear
yard: Twenty(20)feet. (3) Side yard: b. Two-family(duplex)dwellings and townhouse: Seven
and one-half(7.5)each side.
4. Lot Coverage—Lot coverage was increased from the previously approved 51%in 2006 to 75.6%due
to the addition of the covered porch and the installation of pavers in the side and rear yard.
A variance application was considered by the Community Development Board for the impervious
surface area on 6/20/2023 and was denied. The denial was upheld by the City of Atlantic Beach
Commission on 10/20/2023.
Applicable code:
Sec. 24-108. -Residential, multi-family district(RG-M). (f)Building restrictions. The building
restrictions for the RG-M zoning district shall be as follows:(1)Maximum impervious surface:
Forty-five(45)percent; provided, however, where lawfully existing structures and improvements
on a parcel exceed this applicable percentage, redevelopment of such parcels or
additions/modifications to such structures and improvements shall not exceed the pre-existing
impervious surface percentage, provided the requirements of section 24-68 are met.
Agenda Item #5.B.
02 May 2024
Page 165 of 171
5. Storm Water Retention—In accordance with code, any addition of more than 250sq feet of impervious
surface requires the installation of storm water retention on the property. Over 250sq feet of
impervious surfaces was added to the property in pavers and the porch.
A variance application was considered by the Community Development Board for the storm water
retention on 6/20/2023 and was denied. The denial was upheld by the City of Atlantic Beach
Commission on 10/20/2023.
Applicable code:
Sec. 24-68. - Stormwater, drainage, storage and treatment requirements. (b)Onsite storage. Except as
provided for herein, an applicant shall be required to provide onsite storage of stormwater in
accordance with this section as follows: (2)Projects which do not exceed the fifty(50)percent
threshold described in subsection(1)above, but increase the impervious surface on the development
parcel by more than two hundred fifty(250)square fee shall provide onsite storage of stormwater for
the increase in the impervious surface area only.
ACTION TO CORRECT: This letter requests that the noted violation(s) be corrected within 30 days of
receipt of this letter by removing the rear porch, removing all unpermitted pavers and either obtaining a
permit for the rear and front fences and reducing their height in accordance with code,or by removing the
wood fencing in the front and rear yard.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
P092,\01"-Zilt-wri -i , hereby swear and affirm that the above statement is true and
accurate.
Si
I
Angela Irizarry 41111
CODE ENFORCEMENT
Agenda Item #5.B.
02 May 2024
Page 166 of 171
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Agenda Item #5.B.
02 May 2024
Page 167 of 171
3/19/2024
CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
SKAFF MITCHEL ET AL
MILLSAPS CONNOR R/S
1110 SCHEIDEL CT
ATLANTIC BEACH, FL 32233-3515
Dear Respondent:
NOTICE OF HEARING
Case Number: 22-096
Certified Mail Return Receipt:
7013 1710 0002 1691 8717
Property Address: 1110 SCHEIDEL CT
ATLANTIC BEACH, FL 32233
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on May 2, 2024 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole
Road, to answer and be heard on the following alleged violations on the property known as 1110
SCHEIDEL CT 4, 38 -2S -29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18 INT COMMON
ELEMENTS O/R 12848-787 Atlantic Beach, Florida. The City of Atlantic Beach adopted the
International Property Maintenance Code and the Florida ,Building Code as part of the City of Atlantic
Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
International Property Maintenance Code / City Code of Ordinances
Sec. 24-157. - Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required
for any new or replacement fence or wall, and all new or replacement fences and walls shall comply
with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences.
The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically
defined within section 24-17. Fences must be constructed out of materials that are customarily used for
fences. (b) Height and location. (1) Within required front yards, the maximum height of any fence shall
be four (4) feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the
below examples, with vertical rails no more than two (2) inches in width and spacing of at least four (4)
inches may be constructed to a maximum height of five (5) feet except in cases as described in following
subsection (2). Within required side or rear yards, the maximum height of any fence shall be six (6) feet.
Rear fence height— rear yard. Fencing has been installed in the back yard without a
permit. This fence exceeds 6 feet in height. No permit was issued for a fence height
exceeding 6 feet and no variance was ever granted to exceed 6 feet in height. The
maximum fence height permitted by code in the rear and side yards is 6 feet.
Unpermitted fence — front yard. 6 foot wood fence has been installed in the front yard
without a permit. The maximum height of fencing in the required front yard is 4 ft. No
variance was granted to exceed 4ft in height.
Page 1 of 3
Agenda Item #5.B.
02 May 2024
Page 168 of 171
FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct,
enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the Building Official and obtain the
required permit.
Unpermitted rear porch — A covered porch structure was added to the rear of the
home without a permit. In accordance with the Florida Building Code, all new
structures require a valid building permit prior to construction.
Sec. 24-108. - Residential, multi -family district (RG -M). (e) Minimum yard requirements. The
minimum yard requirements in the RG -M zoning are: (1) Front yard: Twenty (20) feet. (2) Rear yard:
Twenty (20) feet. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side.
Unpermitted rear porch — setback encroachment — The unpermitted structure
encroaches into the rear and side setbacks.
a. Rear Setback — According to the survey, the unpermitted porch is only 3. 8 feet
off the rear property line.
b. Side Yard Setback — According to the survey, the unpermitted porch is only 5
feet from the south side property line.
c. Side Yard Setback — According to the survey, the unpermitted porch is only
5.5 feet from the north property line.
Sec. 24-68. - Stormwater, drainage, storage and treatment requirements. (b)Onsite storage. Except as
provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance
with this section as follows: (2) Projects which do not exceed the fifty (50) percent threshold described
in subsection (1) above, but increase the impervious surface on the development parcel by more than
two hundred fifty (250) square fee shall provide onsite storage of stormwater for the increase in the
impervious surface area only.
Storm Water Retention — In accordance with code, any addition of more than 250sq
feet of impervious surface requires the installation of storm water retention on the
property. Over 250sq feet of impervious surface was added to the property consisting
of pavers and the rear porch and no storm water retention was provided.
Sec. 24-108. - Residential, multi -family district (RG -M). (f) Building restrictions. The building
restrictions for the RG -M zoning district shall be as follows:(1) Maximum impervious surface: Forty-
five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel
exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such
structures and improvements shall not exceed the pre-existing impervious surface percentage, provided
the requirements of section 24-68 are met.
Lot coverage —Lot coverage was increased from the previously approved 51% in
2006 to 75.6% due to the addition of the covered porch and the installation of pavers
in the rear and side yard.
Page 2 of 3
Agenda Item #5.B.
02 May 2024
Page 169 of 171
STATEMENT OF CODE ENFORCEMENT OFFICER:
This property was issued a stop work order on 9/27/2022 for the installation of a covered porch and
wood fencing without a permit. The unpermitted porch encroaches into the side and rear setbacks. The
porch and unpermitted pavers created additional impervious surface and increased lot coverage above
the maximum allowed by code. The additional coverage of more than 250 square feet also triggered the
code requirement for the installation of storm water retention which was not put in place. The project
could not be approved as it was constructed.
The respondent submitted a variance application to the Community Development Board for the
impervious surface, storm water retention and set back encroachments. The request was heard at the
6/20/2023 meeting. The variance request was denied by the Board. The fencing was not included in the
variance application.
The respondent requested an appeal of the Community Development Board's decision of denial before
commission. Their appeal was heard on 10/20/ 2023 by the City of Atlantic Beach commission and was
denied.
To date, the porch has not been removed. The pavers have not been removed. No permit application has
been received for the fence. The rear fence exceeds the maximum height permitted by code and the
front fence exceeds the maximum height permitted by code.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, f i , hereby swear and affirm that the above statement is
td urate.
7
Angela Ir' y
Code Enforcement Oicer, City of Atlantic Beach
ATTEST:
Stephanie Figueroa
Records Management Specialist
Page 3 of 3
Agenda Item #5.B.
02 May 2024
Page 170 of 171
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1,2,and 3. A. • ature
Print your name and address on the reverse X
0 Agent
so that we can return the card to you.
Addressee
Attach this card to the back of the mailpiece, ceived by(PrviVue 'C. D
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or on the front if space permits. 6Yt (1
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1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
S t G ff H It C ht i E-4-L Al If YES,enter delivery address below: 0 No
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Collect on Delivery Mer andise
2_ Article Number(Transfer from service label) Collect on Delive ed Delivery 0 Signature Confirmation'"'
Insured Mail 0 Signature Confirmation
70-12 1710 0002 16 91 8 717 Insured Mail Restricted Delivery Restricted Delivery
over$500)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ,
Agenda Item #5.B.
02 May 2024
Page 171 of 171