70-Jeff Sneed letter re. appeal (00652387xBA9D6)EAKIN
&SNEED
PAULM.EAKIN,P.A.
JEFFREY J.SNEED,P.A.*
BANDA DELANE NADEAU
*BOARD CERTIFIED
CIVIL TRIAL LAWYER
ATTORNEYS AT LAW
TELEPHONE:904-247-6565
TELECOPY:904-247-6535
599 ATLANTIC BOULEVARD,SUITE 6
ATLANTIC BEACH,FL 32233
April 12,2016
Via US Mail and Email:
Brenna M.Durden
245 Riverside Ave.,Suite 150
Jacksonville,FL 32202
bdurden@llw-law.com
City of Atlantic Beach,Gate Appeal
My Client:Barry Adeeb/Atlantic Beach Diner,Inc.
Re:
Dear Ms.Durden:
I am writing you today in response to your request for my client to identify the error
which is the basis for our appeal of the issuance of the Preliminary Site Development
Permit.The elements of error are as follows:
The City failed to properly follow the procedures and requirements of its
ordinances in the review and approval of the permit;
1.
2.The Permit was not issued in the manner required by the city ordinances;
3.The City improperly classified the proposed use of the applicant for permitting
purposes;
4.The City knowingly relied upon inaccurate information relating to Beaches
Diner in processing the permit,and provided incorrect information to the
appellant concerning the method used for calculating required parking,so as to
limit its response;
5.The permit as approved will create a non-conforming use under current city
ordinance section 24-161,and will place an offsite parking burden on the
surrounding neighborhood in violation of city ordinances;
6.The permit improperly relies upon parking spaces in the city's right of way;
7.Beaches Diner has vested rights in parking that is not provided for in this permit;
8.Any error alleged by any other appellant of this permit.
I have had an opportunity to do a preliminary review of the "record"that you
provided on March 31,2016.The City delegated responsibility in this application to a
private contractor and relied upon the report of Mr.Lindorff in issuing this permit The
materials that were provided to Mr.Lindorff while he was performing this function should
also be included in the record.Please consider this a request to supplement and
complete the record with all documents reviewed,provided to or relied upon by Mr.
Lindorff.Also,the record includes a March 29,2016 letter from Mr.Reeves to Mr.Hubsch.
Since this was prepared after the permit was issued,it was not relied upon in making the
decision to issue the permit,and is improperly included in the record.Please consider
this our objection to the inclusion of improper information in the record,and our
request that it be removed immediately and in all copies prior to their circulation to
the commission or others.
If you have any questions concerning this,please let me know.
Sincerely,
J WW eed,EsJq.
Copies furnished to:/
Jane West Law,6277 A1A South,Suite 101,St.Augustine/Fl/32080 (iane@janejwestlaw.com)
Theodore R.Hainline,Jr.,Esq.,1301 Riverplace Blvd.,Su/te 1500,Jacksonville,I^L 32207 (thainline@rtlaw.com)