35-Notice of Appeal-EakinEAKIN
& SNEED
ATTORNEYS AT LAW
599 ATLANTIC BOULEVARD, SUITE 6
ATLANTIC BEACH, FL 32233
February 16, 2016
The Honorable Donna L. Bartle,
Clerk of City of Atlantic Beach
City of Atlantic Beach, Florida
City Hall
800 Seminole Road
Atlantic Beach, Florida 32233
PAUL M. EAKIN, P.A.
JEFFREY J. SNEED, P.A.*
BANDA DELANE NADEAU
*BOARD CERTIFIED
CIVIL TRIAL LAWYER
TELEPHONE: 904-247-6565
TELECOPY: 904-247-6535
Received
FEB 162016
Office of City Clerk
Re: Appeal of Administrative Decision Made By The Community
Development Director To The City Commission Of Atlantic
Beach
Dear Ms. Bartle:
Pursuant to Section 24-49, Code Of Ordinances Of The City Of
Atlantic Beach, Florida (Code)appeal is hereby made on behalf of
myself as the property owner located at 599 Atlantic Boulevard,
Atlantic Beach, Florida and on behalf of my client, Barry L. Adeeb
d/b/a The Beach Diner and Beach Diner, Inc. located at 501 Atlantic
Boulevard, Atlantic Beach, Florida of that certain decision of
Jeremy Hubsch concerning the granting of the Preliminary Site
Development Permit for Gate -Petroleum Company's project located at
501, 535 and 541 Atlantic Boulevard, Atlantic Beach, Florida.
I am an adversely affected person since I am an adjacent landowner
to the proposed project and consider it to be adverse to my best
interests as such. My client is a lessee of part of the property
comprising the development and its interest are adverse to that of
the permittee since my client believes that the proposed.
development would -adversely affect its business.
Since Section 24-49, Code does not indicate the procedures involved
at the public hearing contemplated under said Section, would you be
kind enough to forward to me the procedures to be followed by me
from this point forward.
Please advise the necessary directors and'staff of The City Of
Atlantic Beach of this appeal. since pursuant to Section 24-49(c),
Code, this appeal "...shall stay all work on the premises and all
proceedings in furtherance of the action appealed..." The stay of
all proceedings would necessarily include your staff further
processing the permittee's plans and application towards final
The Honorable Donna L. Bartle,
Clerk of City of Atlantic Beach
City of Atlantic Beach, Florida
February 16, 2016
Page 2
permit approval.
Please be sure that The Community Development Director is
immediately notified of the filing of this appeal so that he
transmits to the City Commission all of the documents, plans or
other materials constituting the record upon which his
decision/action was derived. I request a copy of what is
transmitted to the City Commission as the record in this matter at
the time it is transmitted to the Commission. I will pay for any
costs associated - therewith if proper under the Code.
Enclosed herewith please find my check in the amount of $100.00 as
the filing fee for this appeal. If there are any other costs
associated with the taking of this appeal, please advise me
accordingly.
Since.ely,
Pau M. Eakin
PM r /tjj
cc: Barry L. Adeeb
PAUL M. EAKIN, P.A.
599 ATLANTIC BOULEVARD, SUITE 6
ATLANTIC BEACH, FL 32233
«Y
,
DATE
TO THE ORDER OF
THE JACKSONVILLE BANK
JACKSONVILLE, FLORIDA 32225
1. DATE
INVOICE
AMOUNT 1
J
DOLLARS
DESCRIPTION
CHECKNO.
tDOa
63-1449/630
6025
CHECK
AMOUNT 8 a
v006025y C06301411991: 02050/0079v
Received
FEB 162016
Office of City Clerk