01-07-25 CESM Agenda
City of Atlantic Beach
Agenda
Code Enforcement Special Magistrate Meeting
Tuesday, January 7, 2025 - 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 11-7-24 Code Enforcement Special Magistrate meeting.
11-7-24 Code Enforcement Special Magistrate Draft Minutes
3 - 4
3. ADMINISTRATION OF OATH
4. OLD BUSINESS
4.A.
CASE: 21-087
NAME: THOMAS BOURDON
ADDRESS: 342 19TH ST
Link to Case File
Case Details 21-087
5 - 12
4.B.
CASE: 23-188
NAME: CARY COSGROVE
ADDRESS: 1827 TIERRA VERDE DR
Case Details 23-188
CE 1827 Tierra Verde Dr Case #23-188
13 - 48
5. NEW BUSINESS
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
Page 1 of 48
Code Enforcement Special Magistrate - 07 Jan 2025
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 48
Code Enforcement Special Magistrate
November 7, 2024
MINUTES
Code Enforcement Special Magistrate Meeting
Thursday, November 7, 2024 - 2:00 PM
City Hall, Commission Chamber
800 Seminole Road, FL 32233
Present: Suzanne Green, Special Magistrate
Angela Irizarry, Code Enforcement Officer
Michelle Weippert, Records Management Specialist (RMS)
1. CALL TO ORDER
Magistrate Green called the meeting to order at 2:00 PM.
2. APPROVAL OF MINUTES
The minutes were approved as submitted.
A. Approve minutes of the 9-5-24 regular meeting of the Special Magistrate.
3. ADMINISTRATION OF OATH
Magistrate Green administered the Oath to the attendees, staff and respondents.
4. OLD BUSINESS
A. CASE: 24-014
NAME: SCHLENOFF ROBERT
ADDRESS: 1094 STOCKS ST
Testified: CE Officer Irizarry
Respondent: Robert Schlenoff was present.
Action: The Respondent is found in violation of Sec. 23-31 and 23-8. the Respondent
is fined $250.00 for excessive trimming and $250.00 for no permit trimming in the
city right of way. Fines shall be paid within 10 days of the date of this Order.
5. NEW BUSINESS
A. CASE: 23-188
NAME: CARY COSGROVE
ADDRESS: 1827 TIERRA VERDE DR
Testified: CE Officer Irizarry
Page 1 of 2
Agenda Item #2.A.
07 Jan 2025
Page 3 of 48
Code Enforcement Special Magistrate
November 7, 2024
Respondent: Cary Cosgrove was not present.
Action: This matter is continued until the next Code Enforcement hearing January 7,
2025. If needed.
B. CASE: 24-140
NAME: GLAVIN THOMAS
ADDRESS: 346 SARGO
Testified: CE Officer Irizarry
Respondent: Glavin Thomas was not present
Action: The Respondent shall have 10 days from the date of the Order to correct the
violations. Failure to comply shall result in the Respondent being fined Two Hundred
and Fifty 00/100 ($250.00) per violation.
6. ADJOURNMENT
The meeting adjourned at 2:22 PM.
Attest:
Suzanne Green, Special Magistrate Michelle Weippert, Records Management Specialist
Date Approved: _______________________
Page 2 of 2
Agenda Item #2.A.
07 Jan 2025
Page 4 of 48
Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 1of 8 Description: Circuit Court Appeal pending - Tree Removal with no permit Status: REFERRED ELSEWHERE Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 4/20/2021 Closed: 2/8/2023 Last Action: 1/7/2025 Fllw Up: 1/6/2025 Site Address: 342 19TH ST ATLANTIC BEACH, FL 32233 Site APN: 172020 1242 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES STOP WORK ORDER POST Angela Irizarry 8/3/2020 8/3/2020 PERMIT APPLIED FOR Angela Irizarry 8/19/2020 8/19/2020 MISC NOTES/ACTION Angela Irizarry 4/20/2021 4/20/2021 Owner submitted an after the fact permit application but has not completed any mitigation action. NOV REG Angela Irizarry 4/20/2021 4/20/2021 Referred back to Code Enforcement from the planning department. Respondent submitted a tree permit application but has not responded with his mitigation plan. NOV CERT Angela Irizarry 5/10/2021 5/10/2021 CMRR RECEIVED W/SIGNATURE Angela Irizarry 5/17/2021 5/17/2021 Letter was delivered on 5/15/2021 per green card. NOH LTR Angela Irizarry 6/3/2021 6/3/2021 Agenda Item #4.A.07 Jan 2025
Page 5 of 48
Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 2of 8 NOTICE OF HEARING Angela Irizarry 6/3/2021 6/3/2021 Issued notice of hearing for July meeting. CMRR STATUS UPDATE Angela Irizarry 6/5/2021 6/5/2021 Respondent signed for NOH on 6/5/2021 CODE ENFORCEMENT AGENDA Kim Flower 7/6/2021 7/6/2021 EMAIL RECEIVED Angela Irizarry 7/6/2021 7/6/2021 Recieved email from Karl Sanders, atty for Respondent. He asked for an extension. Responded that I would forward his request for an extension to the magistrate. CEB MEETING Angela Irizarry 7/8/2021 7/8/2021 Atty Zack Miller attended in place of Atty Karl Sanders. Magistrate ordered that the Respondent obtain their landscape architects report and return to the City within 30 days for the City to review. If the matter is not rectified, it will be placed on the September 2 agenda. CODE ENFORCEMENT ORDER Kim Flower 7/20/2021 7/21/2021 Special Magistrate order signed 7/21/2021. EMAIL RECEIVED Angela Irizarry 7/23/2021 7/23/2021 Received email update from Atty. Sanders SCAN & UPLOAD EXECUTED ORDERS Kim Flower 7/23/2021 8/5/2021 CMRR STATUS UPDATE Angela Irizarry 7/26/2021 7/26/2021 Received green card back for July magistrate Order NOTICE OF HEARING Angela Irizarry 8/2/2021 8/2/2021 NOH for September 2, 2021 meeting CMRR STATUS UPDATE Angela Irizarry 8/5/2021 8/5/2021 Per usps.com, notice of hearing for the September magistrate hearing was delivered on 8/5/2021 EMAIL SENT Angela Irizarry 8/18/2021 8/18/2021 Sent email to Atty Karl Sanders asking for an update. Agenda Item #4.A.07 Jan 2025
Page 6 of 48
Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 3of 8 EMAIL RECEIVED Angela Irizarry 8/19/2021 8/19/2021 Received email from Atty Karl Sanders... From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Wednesday, August 18, 2021 12:46 PM To: Irizarry,Angela <aIrizarry@coab.us> Cc: Askew, Amanda <aaskew@coab.us> Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Angela. I’ve been out of town and “off the grid” for the past few weeks dealing with family stuff . . . my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week. I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the end of this week. I will circle back with you and Amanda with a status update after I’ve spoken with him. Thanks, and talk soon. Best regards, Karl OTHER Angela Irizarry 8/23/2021 8/23/2021 30 days has lapsed since the date of the magistrate order ordering the respondent to submit their landscape architects report. The report has not been received by the City as of today. CODE ENFORCEMENT AGENDA Kim Flower 8/26/2021 8/27/2021 EMAIL RECEIVED Angela Irizarry 9/1/2021 9/1/2021 Received email from Karl Sanders. Email included a report that Mr. Sanders stated was from his landscape architect. The report was forwarded to Agenda Item #4.A.07 Jan 2025
Page 7 of 48
Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 4of 8 planning for review and comment. CEB MEETING Angela Irizarry 9/2/2021 9/2/2021 Special Magistrate Hearing - Magistrate recognized that Respondent submitted a mitigation report and ordered that them matter be placed on Nov. 4th agenda if issue has not been resolved. CEB ORDER Kim Flower 9/14/2021 9/14/2021 Magistrate order signed and mailed. EMAIL SENT Amanda Askew 9/14/2021 9/14/2021 City response to Landscape Architect's report was sent to Karl Sanders, Tom Bourdon and Suzanne Greene. CMRR STATUS UPDATE Angela Irizarry 9/16/2021 9/16/2021 Code Enforcement Ordered delivered to respondent Thomas Bourdon. EMAIL RECEIVED Amanda Askew 10/4/2021 10/4/2021 Atty Karl Sanders requested the City entertain a settlement offer on mitigation cost. EMAIL RECEIVED Angela Irizarry 10/25/2021 10/25/2021 Received additional information and a letter from the Landscape Architect. CEB MEETING Angela Irizarry 11/4/2021 11/4/2021 Case was heard at the 11/4/2021 hearing. Magistrate ordered that the City review the exhibits presented by Respondent's counsel and case will be heard at January 6, 2022 hearing. NOH LTR Angela Irizarry 12/9/2021 12/9/2021 Sent notice of hearing for January 6, 2022 meeting. NOH POST AND AFF Angela Irizarry 12/27/2021 12/27/2021 Posted notice of hearing on front door of property and City Hall. CEB MEETING Angela Irizarry 1/6/2022 1/6/2022 Respondent ordered to comply with the tree code as set forth in 23-33. Must submit mitigation plan in 60 days from date of order Must submit any payment within 75 days of date of order Mitigated trees must be planted within 120 from date of order. Agenda Item #4.A.07 Jan 2025
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Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 5of 8 CEB ORDER Angela Irizarry 1/27/2022 1/27/2022 Special Magistrate signed order. OTHER Angela Irizarry 2/7/2022 2/7/2022 Request for Reahearing CEB MEETING Angela Irizarry 2/16/2022 2/16/2022 Hearing on the Request of Rehearing. Request was denied. CEB ORDER Angela Irizarry 2/18/2022 2/18/2022 Signed order denying request for rehearing. OTHER Angela Irizarry 2/28/2022 2/28/2022 Copy of Notice to Appeal to Circuit Court received by Clerk's office via email. NOH LTR Angela Irizarry 4/14/2022 4/14/2022 No mitigation plan as been received. Sending NOH for May 6th meeting. NOH POST AND AFF Angela Irizarry 4/25/2022 4/25/2022 CEB MEETING Angela Irizarry 5/5/2022 5/5/2022 Magistrate did not oppose Karl Sanders motion for stay of enforcement. She asked that Karl Sanders submit a draft order to the magistrate. OTHER Angela Irizarry 10/12/2022 10/12/2022 Case is in appeals court. OTHER Angela Irizarry 1/3/2023 1/3/2023 Administrative Appeal still on going. OTHER Angela Irizarry 4/4/2023 4/4/2023 Appeal is still ongoing in circuit court OTHER Angela Irizarry 5/5/2023 5/5/2023 Appeal case is still ongoing. OTHER Angela Irizarry 6/2/2023 6/2/2023 Appeals case is still ongoing. OTHER Angela Irizarry 7/7/2023 7/7/2023 Received appeal results. Magistrate order was upheld. OTHER Angela Irizarry 7/7/2023 7/7/2023 Magistrate order was AFFIRMED by Circuit court. Waiting on appeal or Agenda Item #4.A.07 Jan 2025
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Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 6of 8 mandate. OTHER Angela Irizarry 8/8/2023 8/8/2023 Karl Sanders requested second tier review of courts affirmation. OTHER Angela Irizarry 10/16/2023 10/16/2023 Still an ongoing appeal OTHER Angela Irizarry 1/5/2024 1/5/2024 Checked DCA docket. Still no new information. EMAIL RECEIVED Angela Irizarry 5/29/2024 5/29/2024 From: Maggie G. Colter <maggie.colter@qpwblaw.com> Sent: Wednesday, May 29, 2024 5:14 PM To: Varian, Cathy <cberry@coab.us>; Jason Gabriel <jgabriel@burr.com> Cc: Irizarry,Angela <aIrizarry@coab.us>; Askew, Amanda <aaskew@coab.us>; Thomas Valdez <tvaldez@qpwblaw.com>; Maggie G. Colter <maggie.colter@qpwblaw.com> Subject: Thomas Bourdon v. City of Atlantic Beach: DCA Case No. 5D23-2519 Good afternoon, It’s been a while since my last update regarding the Bourdon appellate proceeding currently pending before the Fifth District Court of Appeal, so I wanted to touch base with everyone and provide a brief status update. Unfortunately, the Fifth District has yet to render its decision; however, it did deny Mr. Bourdon’s request for oral argument (order attached). I’ll continue to monitor the Fifth District’s docket and will update everyone upon any significant filings. In the meantime, please feel free to reach out to me if you have any questions. Sincerely, Maggie Megan "Maggie" Colter | Partner Quintairos, Prieto, Wood & Boyer, P.A. 1410 N. Westshore Blvd., Suite 200 , Tampa , FL 33607 Agenda Item #4.A.07 Jan 2025
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Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 7of 8 Ph: (813) 286-8818 Fax: (813) 286 9998 Email: maggie.colter@qpwblaw.com Web: www.qpwblaw.com OTHER Angela Irizarry 11/18/2024 11/18/2024 Received order from Court of Appeals. Respondents petition was DENIED. OTHER Angela Irizarry 12/4/2024 12/4/2024 Respondents attorney requested a written opinion from Appeals Court. MEETING WITH RESPONDENT Angela Irizarry 12/5/2024 12/5/2024 Met with Amanda Askew, and Mr. Bourdon, at his request, to discuss a plan of action to meet compliance. OTHER Angela Irizarry 12/10/2024 12/10/2024 Request for written opinion from appeals court was DENIED NOH LTR Angela Irizarry 12/16/2024 12/16/2024 Notice of Hearing for 1/7/2025 Meeting sent. EMAIL SENT Angela Irizarry 12/23/2024 12/23/2024 Emailed Mr. Bourdon about upcoming hearing. He responded and confirmed he would be attending. NOH POST AND AFF Angela Irizarry 12/23/2024 12/23/2024 CEB MEETING AGENDA Angela Irizarry 1/7/2025 1/7/2025 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER BOURDON THOMAS PATRICK 342 19TH STREET ATLANTIC BEACH, FL 32233 Agenda Item #4.A.07 Jan 2025
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Case Details City of Atlantic Beach Case Number 21-087 Printed: Friday, 03 January, 2025 8of 8 VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATIONREMARKSNOTES Tree Penalties Angela Irizarry 4/20/2021 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. Sec 23-46. - Violations. Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. Agenda Item #4.A.07 Jan 2025
Page 12 of 48
Case Details City of Atlantic Beach Case Number 23-188 Printed: Friday, 03 January, 2025 1of 4 Description: Expired pool & elec permit Status: PENDING CODE BOARD Type: CODE ENFORCEMENT Subtype: RESIDENTIAL Opened: 9/13/2023 Closed: Last Action: 1/3/2025 Fllw Up: 10/24/2024 Site Address: 1827 TIERRA VERDE DR ATLANTIC BEACH, FL 32233 Site APN: 169542 5088 Officer: Angela Irizarry Details: CHRONOLOGY CHRONOLOGY TYPE STAFF NAME ACTION DATE COMPLETION DATE NOTES NOV REG Angela Irizarry 9/13/2023 9/13/2023 NOV CERT Angela Irizarry 10/2/2023 10/2/2023 CMRR STATUS UPDATE Angela Irizarry 10/5/2023 10/5/2023 Per usps.com, the certified NOV letter dated 10/2/2023 was delivered on 10/5/2023 EMAIL SENT Angela Irizarry 11/7/2023 11/7/2023 Emailed Mr. Cosgrove to follow up. OTHER Angela Irizarry 11/16/2023 11/16/2023 Pool permit was renewed. Expires 4/16/2024. OTHER Angela Irizarry 11/27/2023 11/27/2023 Failed final inspection again. OTHER Angela Irizarry 4/16/2024 4/16/2024 Pool permit expired a second time. NOV REG Angela Irizarry 9/11/2024 9/11/2024 Agenda Item #4.B.07 Jan 2025
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Case Details City of Atlantic Beach Case Number 23-188 Printed: Friday, 03 January, 2025 2of 4 NOTICE OF HEARING Angela Irizarry 10/16/2024 10/16/2024 CMRR STATUS UPDATE Angela Irizarry 10/23/2024 TELEPHONE CALL Angela Irizarry 10/28/2024 10/28/2024 Telephone conversation with Mr. Cosgrove Reviewed inspection notes with Mr. Cosgrove and went over a path to get compliant or permitted for each one. Mr. Cosgrove will submit relevant permit applications to address the deficiency comments. Mr. Cosgrove asked if he still needed to attend the meeting on the 7th. Advised him that the issue will still be on the agenda for the 11/7 meeting but that the City would not object to an extension as long as he submitted his applications and worked towards compliance. CODE ENFORCEMENT AGENDA Angela Irizarry 10/31/2024 11/1/2024 EMAIL RECEIVED Angela Irizarry 11/4/2024 11/4/2024 Mr. Cosgrove emailed applications for the tree removal and the artificial turf on Sun. 11/3. The applications were not signed and notarized. Replied by email that they needed to be complete and gave him the option to come to City Hall to use our notary service. PERMIT APPLIED FOR Angela Irizarry 11/6/2024 11/6/2024 Submitted application for existing unapproved artificial turf. CODE ENFORCEMENT ORDER Angela Irizarry 11/7/2024 11/7/2024 Action deferred to January meeting to give city time to review pending permit applications associated with this project. PERMIT DENIED Angela Irizarry 11/21/2024 11/21/2024 Artificial turf application was denied by public works. PW requested manufacturer data sheets for the turf that was used. Agenda Item #4.B.07 Jan 2025
Page 14 of 48
Case Details City of Atlantic Beach Case Number 23-188 Printed: Friday, 03 January, 2025 3of 4 NOTICE OF HEARING Angela Irizarry 12/20/2024 12/20/2024 CMRR STATUS UPDATE Angela Irizarry 12/23/2024 12/23/2024 Per usps.com - Certified letter was delivered. EMAIL SENT Angela Irizarry 12/23/2024 12/23/2024 Emails sent to Mr. Cosgrove regarding upcoming meeting and to remind him that we were still waiting on information from him regarding the trees and the artificial turf. NOH POST AND AFF Angela Irizarry 12/23/2024 12/23/2024 EMAIL RECEIVED Angela Irizarry 12/29/2024 12/29/2024 Received additional information on tree removal. Referred to planning department for review. CMRR RECEIVED W/SIGNATURE Angela Irizarry 1/2/2025 1/2/2025 CODE ENFORCEMENT AGENDA Angela Irizarry 1/3/2025 CONTACTS NAME TYPE NAME ADDRESS PHONE FAX EMAIL OWNER COSGROVE CARY S 1827 TIERRA VERDE DR ATLANTIC BEACH, FL 32233 PRIOR OWNER BCL JACKSONVILLE LLC 450 SKOKIE BLVD #600 NORTHBROOK, IL 60062 INSPECTIONS INSPECTION TYPE INSPECTOR SCHEDULED DATE COMPLETED DATE RESULT REMARKS NOTES INITIAL INSPECTION AI 9/13/2023 9/13/2023 VIOLATION FOUND Agenda Item #4.B.07 Jan 2025
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Case Details City of Atlantic Beach Case Number 23-188 Printed: Friday, 03 January, 2025 4of 4 REINSPECTION AI 9/27/2023 10/2/2023 VIOLATION CONTINUES Permit is still expired. REINSPECTION AI 12/6/2023 12/6/2023 Permit has been renewed. New expiration date is 4/16/2024 REINSPECTION AI 4/17/2024 5/15/2024 VIOLATION CONTINUES Pool permit failed final inspection and according to building records, the inspections results were emailed on 11/28/2023 to contractor and property owner. Permit has expired again. VIOLATIONS VIOLATION TYPE USER NAME OBSERVED DATE CORRECTED DATE LOCATION REMARKS NOTES REQUIRED INSPECTIONS - POOL Angela Irizarry 9/13/2023 110.3 Required inspections. - The building official upon notification from the permit holder or his or her agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. 7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. Agenda Item #4.B.07 Jan 2025
Page 16 of 48
Agenda Item #4.B.
07 Jan 2025
Page 17 of 48
Agenda Item #4.B.
07 Jan 2025
Page 18 of 48
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
9/13/2023
COSGROVE CARY S
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 169542 5088 Case Number: 23-188
Location of Violation: 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44
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 1827 TIERRA VERDE DR was conducted on 9/13/2023. 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 pool permit was issued for your property on 8/3/2021. According to
our records, no final inspection was ever requested for the pool or associated electrical permit and the
permits have expired. In accordance with the Florida Building Code, final inspections for swimming
pools is required.
APPLICABLE CODE: FBC 110.3 Required inspections. - The building official upon notification from
the permit holder or his or her agent shall make the following inspections, and shall either release that
portion of the construction or shall notify the permit holder or his or her agent of any violations which
must be corrected in order to comply with the technical codes. The building official shall determine the
timing and sequencing of when inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
This letter requests that the noted violation(s) be corrected by renewing the permits and
requesting a final pool & electric inspection within ten (10) days of the receipt of this notice. Please
contact the City of Atlantic Beach building department for information on permit renewal cost
and payment by calling 904-247-5800 opt. 2 or emailing building-dept@coab.us.
Agenda Item #4.B.
07 Jan 2025
Page 19 of 48
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.
rely,
CA.i?
rThgelsIr' rry
CODE ENFORCEMENT
Agenda Item #4.B.
07 Jan 2025
Page 20 of 48
s y fj CITY OF ATLANTIC BEACHv
J 1 800 SEMINOLE ROADA' 1 ATLANTIC BEACH FL 32233
J
PHONE (904) 247-5800iipp)
r It )?
CERTIFIED RETURN RECEIPT
7013 1710 0002 1691 9905
10/2/2023
COSGROVE CARY S
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 169542 5088 Case Number: 23-188
Location of Violation: 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44
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 building department permit records for 1827 TIERRA VERDE DR was conducted on
9/13/2023 & 10/2/2023. 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 pool permit was issued for your property on 8/3/2021. According to
our records, no final inspection was ever requested for the pool or associated electrical permit and the
permits have expired. In accordance with the Florida Building Code, final inspections for swimming
pools is required.
APPLICABLE CODE: FBC 110.3 Required inspections. - The building official upon notification from
the permit holder or his or her agent shall make the following inspections, and shall either release that
portion of the construction or shall notify the permit holder or his or her agent of any violations which
must be corrected in order to comply with the technical codes. The building official shall determine the
timing and sequencing of when inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
This letter requests that the noted violation(s) be corrected by renewing the permits and
requesting a final pool& electric inspection within ten (10) days of the receipt of this notice. Please
contact the City of Atlantic Beach building department for information on permit renewal cost
and payment by calling 904-247-5800 opt.2 or emailing building-dent(a,coab.us.
Agenda Item #4.B.
07 Jan 2025
Page 21 of 48
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.
sIle ,,
rely,
Angela Ir. 1 y
CODE ENFORCEMENT
Agenda Item #4.B.
07 Jan 2025
Page 22 of 48
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Agenda Item #4.B.
07 Jan 2025
Page 23 of 48
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Agenda Item #4.B.
07 Jan 2025
Page 24 of 48
4.91119'r
Permit Number: P00121-0021 Description:SWIMMING POOL
Applied:5/28/2021 Approved:6/ 8/2021 Site Address: 1827 TIERRA VERDE DR
Issued:8/3/2021 Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status: EXPIRED Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY 5
Parent Project: Contractor:<NONE>
Details:
LIST OF INSPECTIONS
SEQ
SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
ID
PUBLIC WORKS Loom jPOOLFINAL
Scott Williams
Notes:
BUILDING POOL
FINAL
Mike Jones
Notes:
ELECTRICAL
GROUNDING
Mike Jones
Notes:
BUILDING
Mike Jones
ACCESSIBILITY
Notes:
9/17/2021 9/17/2021
BUILDING POOL
Rick Bell PASSED
STEEL
Notes:
RD:334-5421
10/18/2021 10/ 18/2021
ELECTRICAL
Dan Arlington CANCELLED
GROUNDING
Notes:
no electric permit
called and left word with RD 334-5421
No electrical permit
I 12/9/2021 I 12/10/2021
BUILDINGTPOOL I Rick Bell FAILED NO FEE ISAFEY
Notes:
RD 334-5421
2"under fences to grade
double gates need one came bolt fixed in place closed with bolt&nut
Printed:Tuesday,07 November,2023 1 of 2 CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 25 of 48
riI l,r
rL`
J'
J 1
gates need adjustment to close and latch
12/17/2021 12/17/2021
BUILDING POOL
Rick Bell PASSED
SAFETY
Notes:
RD 334-5421
i
Printed:Tuesday,07 November, 2023 2 of 2 4; CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 26 of 48
ryr
Permit Number: POOL21-0021 Description:SWIMMING POOL
Applied:5/28/2021 Approved:6/ 8/2021 Site Address: 1827 TIERRA VERDE DR
Issued:8/ 3/2021 Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status: EXPIRED Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY S
Parent Project: Contractor:<NONE>
Details:
LIST OF ACTIONS .._.
SCHEDULED DATE COMPLETED DATE TYPE STAFF
6/ 7/2021 6/7/2021 MISCELLANEOUS Toni Gindlesperger
Notes:
POOL ONLY-REMOVED CABANA
STRUCTURE NEEDS TO BE PULLED BY A CONTRACTOR
MIKE NOTIFIED POOL CONTRACTOR
6/8/2021 6/8/2021 EMAIL Christian Giles
Notes:
sent review comments to contractor
6/9/2021 6/ 9/2021 EMAIL Christian Giles
Notes:
Sent payment link to:rd@islandpools.org
8/3/2021 8/ 3/2021 EMAIL Christian Giles
Notes:
Sent payment link again to:Sent payment link to:rd@islandpools.org as requested
i wally 8/17/2023 8/17/2023 EMAIL Abrielle Genest
Notes:
emailed RD Gray<rd@islandpools.org>;COSGRCS@GMAIL.COM to check on permit status
Printed:Tuesday,07 November,2023 1 of 1 4, CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 27 of 48
CITY OF ATLANTIC BEACH
f
p10)
p ,
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
f.I- T)
PHONE (904) 247-5800
9/1/2024
COSGROVE CARY S
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233
Real Estate Number: 169542 5088 Case Number: 23-188
Location of Violation: 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44
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 building department records for 1827 TIERRA VERDE DR was conducted on
9/11/2024. 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: A pool permit was issued for your property on 8/ 3/2021. The final
inspection for the pool and associated electric permit were not completed and that permit was allowed to
expire. On 11/16/2023 the permit was renewed. The pool project was reinspected and according to
building deparment records, the electric permit was passed but the overall pool permit failed the final
inspection.
APPLICABLE CODE: FBC 110.3 Required inspections. - The building official upon notification from
the permit holder or his or her agent shall make the following inspections, and shall either release that
portion of the construction or shall notify the permit holder or his or her agent of any violations which
must be corrected in order to comply with the technical codes. The building official shall determine the
timing and sequencing of when inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
This letter requests that the noted violation(s) be corrected by submitting a revised application to
correct the issues raised in the final inspection comments within 10 days and implementing an
approved permit plan once it has been issued. Please contact the City of Atlantic Beach building
Agenda Item #4.B.
07 Jan 2025
Page 28 of 48
department for information on permit renewal cost and payment by calling 904-247-5800 opt. 2 or
emailing building-dept(acoab.us.
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 rely, O.
Ange a Iri
CODE EN ORCE
cc: ISLAND POOLS, LLC
1546 LINKSIDE DR
ATLANTIC BEACH, FL 32233
Agenda Item #4.B.
07 Jan 2025
Page 29 of 48
4g ~ , errni nspecti
City of AtlanticJ Ber
Permit Number: POOL21-0021 Description: SWIMMING POOL-renewed
Applied:5/28/2021 Approved:6/8/2021 Site Address: 1827 TIERRA VERDE DR
Issued:8/3/2021 Finaled: City,State Zip Code:Atlantic Beach, Fl 32233
Status: ISSUED Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY S
Parent Project: Contractor:<NONE>
Details:
LIST OF INSPECTIONS
SEQ
SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
ID
ELECTRICAL
GROUNDING
Mike Jones
Notes:
BUILDING
Mike Jones
ACCESSIBILITY
Notes:
PUBLIC WORKS
POOL FINAL
Derek Martin
Notes:
ZONING CC Brian Broedell
Notes:
9/17/2021 9/ 17/2021
BUILDING POOL
Rick Bell PASSED
STEEL
Notes:
RD:334-5421
10/18/2021 10/18/2021
ELECTRICAL
Dan Arlington CANCELLED
GROUNDING
Notes:
no electric permit
called and left word with RD 334-5421
No electrical permit
12/9/2021 12/10/2021 I BUILDING POOL
Rick Bell I FAILED NO FEE
SAFETY
Notes:
RD 334-5421
2" under fences to grade
double gates need one came bolt fixed in place closed with bolt&nut
gates need adjustment to close and latch
Printed:Wednesday, 11 September,2024 1 of 2 CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 30 of 48
s
12/ 17/2021 12/ 17/2021
BUILDING POOL
Rick Bell PASSED
SAFETY
Notes:
RD 334-5421
BUILDING POOL
Contract
11/20/2023 11/20/2023
FINAL
Universal PASSED
Engineering
Notes:
R.D 334-5421
11/20/2023 11/21/2023
PUBLIC WORKS
Derek Martin FAILED NO FEE
POOL FINAL
Notes:
R.D 334-5421
Entire back yard with the exception of the pool area has been covered with synthetic turf.This work was not part of the pool contractor but installed at
some point after the completion of the pool and today.The turf was not permitted and therefore considered impervious.Retention is required if turf is
to remain and a new take-off concerning the Impervious ratio on the property would also need to be conducted. If turf is to remain without retention
and considered pervious,a sample would need to be submitted for testing and a permit would have to be submitted as well showing the area that has
been turfed.The base material would need to be inspected in order to verify it meets the COAB base material specification for turf base compliance
having less than 10%fines.The slope would also need to be graded away from the north Property line.Right now,it is sloped toward the North
Property and water is considered to be sheeting in the direction.Pictures have been attached...
11/ 27/2023 11/27/2023 ZONING CC Brian Broedell FAILED NO FEE
Notes:
R.D.334-5421
Trees were removed without a tree removal permit.
Printed:Wednesday, 11 September,2024 2 of 2 CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 31 of 48
Agenda Item #4.B.
07 Jan 2025
Page 32 of 48
Agenda Item #4.B.
07 Jan 2025
Page 33 of 48
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items.1,2,and 3. A. Signature
Print your name and address on the reverse X
El Agent
so that we can return the card to you.
Addressee
111 Attach this car$hto the back of the mailpiece,
B. Rec . by,'rinfed 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
If YES,enter delivery address below: 0 No
CO JcJ(0\1e, c3 1Bb
11111 III 111111 11111 1111111111
3. Service Type
0 Adult Signature
0 Priority Mail Express®
0 Registered Mail.'"
0 Adult Signature Restricted Delivery 0 Registered Mail Restricted
I 0 Certified Mail® Delivery
9590 9402 5982 0062 6050 43 0 Certified Mail Restricted Delivery 0 Return Receipt for
0 Collect on Delivery Merchandise
0 Collect on Delivery Restricted Delivery 0 Signature Confirmation.'"'2. Article Number(Transfer from service label) 0 Signature ConfirmationredMail
7 013 1710 0002 16 91 0803 i Mail Restricted Delivery Restricted Delivery
a
10)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt •
Agenda Item #4.B.
07 Jan 2025
Page 34 of 48
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner
vs.
COSGROVE CARY S
COSGROVE HOLLEY C
1837 TIERRA VERDE DR
Atlantic Beach, Florida 32233
Respondent.
CASE NUMBER: 23-188
First Class and Certified Mail Return Receipt
Requested: 7022 2410 0000 9340 7227
Property Address: 1827 TIERRA VERDE DR
Atlantic Beach, FL 32233
REAL ESTATE NUMBER: 169542 5088
LEGAL DESCRIPTION: 38- 28 09- 2S- 29E SELVA TIERRA LOT 44, ATLANTIC BEACH, FLORIDA.
ORDER ON CASE NO. 23-188
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November
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. The Respondent is the owner of the property located at 1827 Tierra Verde Drive, Atlantic
Beach, Florida 32233 ("the Property"). Proper notice of the hearing was mailed certified mail
to the Respondent. The Respondent did not appear at the hearing, but has been in contact
with the City of Atlantic Beach.
2. The Respondent was cited for violation of FBC 110-03 requiring a building code permit for
the building of a pool. The City of Atlantic Beach presented evidence of expired permits
without renewal), until after requested by the City of Atlantic Beach.
3. The City of Atlantic Beach stated on November 5, 2024, the Respondent had made a renewal
application for a permit and final inspection. The City of Atlantic Beach requested this matter
be deferred to address the permits violations. The City of Atlantic Beach stated there were
no safety concerns at this time.
Agenda Item #4.B.
07 Jan 2025
Page 35 of 48
CONCLUSIONS OF LAW
4. Proper notice was provided to the Respondent who did not appear at the hearing. The City
of Atlantic Beach, Florida presented updated photographs and documentation evidencing
the continued lack of a proper permit and completion of the pool.
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. This matter is continued until the next Code Enforcement hearing January 7, 2025. If
needed.
DONE AND ORDERED THIS DAY OF NOVEMBER 2024.
ATTEST:
Michelle Weippert, Records M pecialist
Executed this 19+day of November, 2024.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
a t,-,,Omw-
Suzann 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.B.
07 Jan 2025
Page 36 of 48
Permit Reviews
it of Att.., t-t Be c.
Permit Number: RESO24-0104 Description:ARTIFICAL TURF
Applied: 11/6/2024 Approved: Site Address: 1827 TIERRA VERDE DR
Issued: Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status:AWAITING CORRECTIONS Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY S
Parent Project: Contractor:<NONE>
Details:
T OF REVIEWS
J' r
SENT DATE
RETURNED
DUE DATE TYPE CONTACT STATUS REMARKS
DATE
Review Group:ALL
11/6/2024 11/20/2024 PUBLIC WORKS Public Works ENSIED
Notes:
Provide Manufacturer data sheets for all turfs to be used....need to see infiltration and drainage rates.
11/6/2024 11/ 14/2024 11/20/2024 ZONING Zoning APPROVED
Notes:
Review Group:AUTO
11/6/2024 11/6/2024
SUBMITTAL
Permit Tech APPROVED
COMPLETENESS
Notes:
ONE ATTACHMENT
Printed:Friday,03 January, 2025 1 of 1 CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 37 of 48
Permit Actions
City of At1a t _Beach_.
Permit Number: RES024-0104 Description:ARTIFICAL TURF
Applied:11/6/2024 Approved: Site Address: 1827 TIERRA VERDE DR
Issued: Finaled: City,State Zip Code:Atlantic Beach,Fl 32233
Status:AWAITING CORRECTIONS Applicant:<NONE>
Parent Permit: Owner:COSGROVE CARY S
Parent Project: Contractor:<NONE>
Details:
AmumiNigh, Ask diamillOgift
LIST OF ACTIONS
SCHEDULED DATE COMPLETED DATE TYPE STAFF
11/21/2024 11/21/2024 EMAIL Abrielle Genest
Notes:
sent COSGRCS@GMAIL.COM review comments
Printed:Friday,03 January, 2025 1 of 1 CENTRALSQUARE
Agenda Item #4.B.
07 Jan 2025
Page 38 of 48
4.1A,,,7 CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
apix
NOTICE OF HEARING POSTED ON PROPERTY AND
44 - ATLANTIC ACH TY ALL
12/20/2024 Case Number: 23-188
DATE:
COSGROVE CARY S Certified Mail Return Receipt:
COSGROVE HOLLEY C 7012 2210 0001 1385 4814
1827 TIERRA VERDE DR
ATLANTIC BEACH, FL 32233 Property Address: 1827 TIERRA VERDE DR
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 7,2025 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 1827 TIERRA VERDE DR, 38-28 09-2S-29E SELVA TIERRA LOT 44 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
FBC 110.3 Required inspections. -The building official upon notification from the permit holder or his
or her agent shall make the following inspections and shall either release that portion of the construction
or shall notify the permit holder or his or her agent of any violations which must be corrected in order to
comply with the technical codes. The building official shall determine the timing and sequencing of
when inspections occur and what elements are inspected at each inspection.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete. Final inspection to be made when the
swimming pool is complete and all required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
STATEMENT OF CODE ENFORCEMENT OFFICER: This case was heard before the Magistrate at
the November 7, 2024 meeting. The property was issued permit POOL21-0021 on 5/28/2021. The
property never passed the final inspections and the permit expired. At the November hearing, the City
reported that the Respondent had renewed the permits and submitted documentation to addresses the
deficiencies of the property. An order was issued to defer action to the January 7th meeting if a resolution
had not been reached. The revised documentation that was submitted to the city was denied on 11/21/2024
and no new revisions have been received.
Page 1 of 2
Agenda Item #4.B.
07 Jan 2025
Page 39 of 48
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 ensuring a verbatim record in the event an appeal should
be secured at your expense.
I, kyla l fir1/4, hereby swear and affirm that the above statement
jIL . :
Code Enforc A.nt Office f Atlantic Beach
ATTEST:
uk_i---
Michelle Weippert, Recor s anagement Specialist
Page 2 of 2
Agenda Item #4.B.
07 Jan 2025
Page 40 of 48
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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
If YES,enter delivery address below: 0 No
C059r0V--.•--
aNBS
3. ServiceType 0 Priority Mail Express®
III IIIIIIII111IIIVII1111111IIIII Adult Signature Registered MaiITM
Adult Signature Restricted Delivery 0 Registered Mail Restrictec
Certified Mail® Delivery
9590 9402 5982 0062 6053 57 Certified Mail Restricted Delivery 0 Return Receipt for
0 Collect on Delivery Merchandise
2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation"
n i..en.era reail Signature Confirmation
7 012 2 210 0001 1385 4 814 a1 Restricted DeliveryI)Restricted Delivery
PS Form 3811,July 2015 PSN 7530- 02-000-9053 Domestic Return Receipt Agenda Item #4.B.07 Jan 2025Page 41 of 48
Irizarry,Angela
From: Irizarry,Angela
Sent: Monday, December 23, 2024 10:45 AM
To:cosgrcs@gmail.com
Subject: Magistrate Hearing
Mr. Cosgrove,
At the last hearing,the magistrate deferred any action until the 1/7/2025 meeting to give us time to get your application
reviewed. Since things haven't been Finaled yet, I have to follow her last order. To meet required noticing timelines, I
will be posting the notice at your house today,which I hate to do right before the holidays, but I waited as long as I could
to give you time to respond to your review comments from the other departments. I will be out of the office the rest of
this week, but let's talk early next week before I send out the agenda. I pulled the review comments on the applications
you submitted and it looks like public works is waiting on information from you to continue processing the application. I
believe Abrielle is waiting on a response from you as well.
Angela Irizarry,
GIS Coordinator &
Code Enforcement Officer
City of Atlantic Beach
800 Seminole Road, Atlantic Beach, FL 32233
904) 247-5855 I www.coab.us
Want to receive City of Atlantic Beach news by email?Just say so in an email to infona.coab.us.
Follow the City of Atlantic Beach on Facebook at www.facebook.com/citvofatlanticbeach.
PLEASE NOTE: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.
Agenda Item #4.B.
07 Jan 2025
Page 42 of 48
Irizarry,Angela
From: cary cosgrove <cosgrcs@gmail.com>
Sent: Sunday, December 29, 2024 10: 18 AM
To:Code Enforcement Officer; Irizarry,Angela; Grant,Thomas
Subject: Fwd: ATTN: Angela
Attachments: Cary Cosgrove tree work from 2020.pdf; Cary Cosgrove Lucas Letter for Driveway
Tree.pdf; COAB Tree Rules in 2020 .jpg
Angela, I spoke to Lucas Tree again regarding the tree removal, and these are the guidelines that they
followed.
Keep in mind that when we did the tree removal, it was not done to put a pool in, and at the time, I had no
intention of doing it.The tree removal was done in November of 2020. During the COVID pandemic in the
summer of 2021, I decided to put our pool in due to the restrictions on public pools. This is how the tree
removal was done in November 2020.
A. Has the property had construction requiring a permit in the last 2 years or planned for the next 2 years?
NO, Go directly to B
B. Are any of the trees to be removed 20" in diameter or Larger?
Yes
Are any of the trees one of these legacy species? No, go directly to C
C. Are any of the trees to be removed a Sand Live Oak 8" diameter or larger? NO, no permit is required
Based on the rules and regulations and the situation at the time, we followed the regulations.
Cary
Forwarded message
From: cary cosgrove <cssgres@gmail.com>
Date: Thu, Nov 7, 2024 at 11:41 AM
Subject: Re: ATTN: Angela
To: Code Enforcement Officer<code@coab.us>
I was able to get in touch with Lucas Tree to get copies of the arborist letters for the tree work done. I
forgot that I split the work into two different jobs. Please see the attached files.Thanks!! Cary
On Thu, Nov 7, 2024 at 8:05 AM cary cosgrove <cosgres@grnail.com>wrote:
Please forward these pictures to Angela. The large oak in the backyard was removed because it was
growing over the top of the house and branches were starting to rub against the roofline.The oak in the
front yard was removed because it was starting to grow into the driveway.
On Tue, Nov 5, 2024 at 9:27 AM Code Enforcement Officer<code@coab.us>wrote:
1
Agenda Item #4.B.
07 Jan 2025
Page 43 of 48
You can come in anytime. Toni works at the permit desk and is a notary. She usually takes lunch between 1- 2 but
should be up there any other time today. She can help you with your applications.
From: cary cosgrove<cosgres@gmail.com>
Sent: Monday, November 4, 2024 9:21 PM
To: Code Enforcement Officer<code@coab.us>
Subject: Re: ATTN: Angela
Thank you for the fast response. That would be great if I could do them there on-site. Would you like me
to make an appointment? Cary
On Mon, Nov 4, 2024 at 10:24 AM Code Enforcement Officer<code@coab.us>wrote:
Mr. Cosgrove,
The building department will not accept these unless they are fully complete which means signed and
notarized. That can be done here if you'd like, or you can have them notarized and resend them.You can bring the
hard copies in, and our permit tech can notarized for you if you wish.
From: cary cosgrove <cosgres@gmail.com>
Sent: Sunday, November 3, 2024 10:08 PM
To: Code Enforcement Officer<code@coab.us>
Subject: ATTN:Angela
Angela,
I'm sorry it took me a bit to get this to you. Please let me know if you received it. I have attached the
following documents.
New Tree Removal Permit Application
New Artificial Turf Building Permit
Site Plan by C &A Williams Design
2
Agenda Item #4.B.
07 Jan 2025
Page 44 of 48
Current Turf Layout
Original Survey
Tree Removal- It's been almost 4 years since we did the tree work with Lucas, which took place in
November of 2020. I cannot put my hands on the arborist's letter from Lucas, but I distinctly
remember the situation. Initially, what spurred the tree work was a large oak on the verge of hitting the
house's roof line. This tree (#1 on the diagram attached) was split into two separate vertical sections
at the base. One of the sections was a few inches from the roof line. Lucas was concerned that cutting
one section would weaken the second, so they decided it was best to cut the entire tree down. Trees
2, 6,8,9,10,11 were all invasive Camphor Laurels and Lucas told me that they could remove them at
the discretion of the arborist. Trees 3 &4 were both large pines that were infested by pine beetles and
were dead already. Tree 5 was a palm that was fighting for space in the front yard with the desirable
live oaks, and it was hindering their canopy growth, so Lucas recommended removing it. Lastly, we
had to remove an oak(#7)that was growing into the driveway and causing permanent damage. This
was not a healthy tree, and the canopy area it occupied has already been filled by the surrounding
trees. All of this tree work was done to protect my home and enhance the desirable oaks' ability to
thrive on the property. It was not until the following summer that we decided to renovate the backyard.
Turf—If possible, I would like to meet someone from the city to tour the backyard turf installation and
do a walk-through. After putting the pool in, I decided to turf the backyard because I had been unable
to get grass to grow consistently. Initially, I had plans to build a cabana adjacent to the pool, and you
can see this structure in the plans I have attached for the takeoff by C &A Williams. Due to the cost of
building this structure, I decided against it and the paver stones adjacent to the pool and decided to
turf the backyard so my kids could have a playground. Because I had some impervious surface
footage to work with, I decided to build a putting green on the north side of the house. Keep in mind
that I made no changes to the slope of the backyard, and the elevation has stayed consistent. It was
my understanding that the contractor, Florida Turf Company, worked with Mike Williams to go over the
turf.The primary turf that would cover the bulk of the yard was STI Fresh Cut Pro. The putting green
and chipping areas combine STI Pro Ball Turf and STI NP 50. While both exhibit a permeable quality, I
am unsure if they meet the city's specifications. That said, I thought I had the impervious surface to
work with regardless.
You can take a garden house and point it at my tuf in the backyard anywhere, and it flows right into the
ground. Given the levels of aggregate drainage below, I almost took at the backyard as a giant French
drain. The first layer of the aggregate base was a large gravel base, followed by a second layer of
crushed concrete and granite fines. Florida Turf provided an excellent installation, and I am happy
with the performance of the turf. All of my neighbors want to do the same thing with their yards, and I
have never had a single person mention a word to me regarding any potential runoff.
3
Agenda Item #4.B.
07 Jan 2025
Page 45 of 48
I want to work with the city to get this behind me. I am a law-abiding citizen of Atlantic Beach, and I
have not done anything that would be remotely detrimental to the environment. My father is a retired
EPA section chief who retired after 35 years of service in wastewater management, and he thinks the
way I have gone about things is a model for effective stormwater run-off management. Please let me
know what I need to do to get the approvals cleared and get this behind me.
V/R
Cary Cosgrove
1827 Tierra Verde Dr.
Atlantic Beach, FL 32233
4
Agenda Item #4.B.
07 Jan 2025
Page 46 of 48
CERTIFIED
ARBORIST
IA
ISA
TM
Joe Musgrove
ISA Certified Arborist®
FL-9674A
Joe.lucastreeAgmail.com
904) 887-1492
Cary Cosgrove
1827 Tierra Verde Dr.
Atlantic Beach,FL. 32233
November 15,2020
This letter is being sent on behalf of Cary Cosgrove. Upon inspection of the property, I
found a Quercus virginiana("Live oak")that should be removed.The tree is growing within a few
feet of the back of the house. The tree is an accumulation (cluster)of four(4)trees growing into
one. Two sections of the tree grow and lean directly over the house. Removing those two sections
would make the remaining two sections unstable. The entire cluster should be removed.
The property has a variety and good quantity of hard wood trees.There is a limited amount
of space in Mr. Cosgrove's back yard, therefore he is going to plant a row of viburnums in the
backyard. In addition,Mr. Cosgrove is going to plant an ornamental tree in the back yard.
If you have any questions or concerns,please feel free to contact me.
Best regards,
s/Joe Musgrove
Joe Musgrove
Agenda Item #4.B.
07 Jan 2025
Page 47 of 48
CERTIFIED
ARBORIST
J
IsA
Joe Musgrove
ISA Certified Arborist®
FL-9674A
Joe.lucastree(a gmail.com
904)887-1492
October 25,2021
Cary Cosgrove
1827 Tierra Verde
Atlantic Beach, FL 32233
Re: Arborist letter
To Whom it May Concern:
Upon inspection of the property, I found one (1)Water oak tree that needs to be removed.
The tree is growing into the driveway. It is lifting and cracking the concrete. The tree should be
removed so the driveway can be repaired and not damaged in the future.
If you have any questions or concerns,please feel free to contact me.
Best regards,
s/foe.Musgrove
Joe Musgrove
Agenda Item #4.B.
07 Jan 2025
Page 48 of 48