71- Paul Eakin letter re. appeal (00652388xBA9D6)PAUL M.EAKIN,P.A.
JEFFREY J.SNEED,P.A.*
BANDA DELANE NADEAU
EAKIN
&SNEED
ABOARD 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 15,2016
Brenna M.Burden,Esquire
245 Riverside Ave.,Suite 150
Jacksonville,FL 32202
bdurden@llw-law.com
City of Atlantic Beach,Gate Appeal
Paul M.Eakin
Re:
My Client:
Dear Ms.Durden:
I am writing you today in response to your request for my
client to identify the errors which are the bases for our appeal
of the City's issuance of the Preliminary Site Development Permit
to Gate Petroleum Company.The assignments of error are as
follows :
1.The City's permit was issued by officials 'without
authority to do so.
The City misclassif ied Gate's project under the City's
Zoning Code,thus allowing a more intensive use than permitted
under the Code .
2.
The City did not follow its own Code in reviewing and
issuing the preliminary development permit at issue.
3.
The City failed to properly interpret the relevant
portions of its own Code relative to the review and approval of
the application of the applicant.
4.
5.Any error alleged by any other appellant.
The City failed in its due diligence in accepting and
relying on the information supplied by the applicant in response
to the City's inquiries regarding "minor automotive service".
6.
Brenna M.Durden,Esquire
April 15,2016
Page 2
7.The City unlawfully delegated its authority and
responsibility to a third party contractor.
8.The City failed to apply its own Zoning Code in the
same fashion to the facts in this case as it had done in similar
cases in the past.
Since you were unable to cite to me any basis under statute
or ordinance for having to list assignments of errors as I have
just done,I also reserve the right to raise any other error I
believe committed by the City in regards to the Gate project that
I discover prior to the hearing before the City Commission of
Atlantic Beach.
On that point,I still object to you setting the hearing for
May 12,2016 beginning at 9:00 a.m.without all parties agreeing
to same and without a site having been agreed upon or even
selected .
Lastly,Section 24-49 (a)mandates that the "Community
Development Director shall,upon notification of the filing of
the appeal transmit to the City Commission,all the documents,
plans,or other materials constituting the record upon which the
action being appealed was derived".(Emphasis supplied).The
record submitted to me contained a letter from Derek W.Reeves to
Jeremy Hubsch dated March 29,2016.The permit was issued on
February 9,2016.I find it hard to believe that this letter of
March 29,2016 from Mr.Reeves to Mr.Hubsch would have entered
into anyone's consideration of the permit now being appealed.
What is most disturbing to me is the fact that when I inquired of
the City Clerk as to who prepared the record,I was informed that
Mr.Hubsch had "done it with the assistance of the new City
attorney".Of course,I had assumed that you reviewed the record
prior to its release anyway.
Brenna M.Durden,Esquire
April 15,2016
Page 3
This document must be removed from the record immediately and all
copies previously distributed recalled.Likewise,the Commission
should be advised that the facts and opinions expressed therein
were not considered by the City in making its decision.
Sincerely,
Paul/M.Eakin,Esq.
Jane West Law,6277 A1A South,Suite 101,St.Augustine,FL
32080 (i aneOi anewestlaw .com)
cc :
Theodore R.Mainline,Jr.,Esq.,1301 Riverplace Blvd.,
Suite 1500,Jacksonville,FL 32207 f tha inline @rt law .com)