36-Notice of Appeal-Jane WestMarch 4, 2016
The Honorable Donna L. Bartle
Clerk of City Atlantic Beach
City of Atlantic Beach
City Hall
800 Seminole Road
Atlantic Beach, Florida 32233
Jane West, Esq.
jane@janewestlaw.com
via electronic mail and
hand delivery
Re: Notice of Appeal of Administrative Decision
15-CVPR-2411 Gate Civil Review Approval issued 2/9/2016
Dear Clerk Bartle:
This firm represents Atlantic Beach Cares, LLC and Glenn Shuck with respect
to their joint appeal of the City of Atlantic Beach's Civil Review Approval (JOB ID #:
15-CVPR-2411) of the Prosser, Inc. application submitted on behalf of Gate
Petroleum Company for the development of an Automobile Service Station located
at 535 and 501 Atlantic Blvd.
This appeal is being brought pursuant to Sec. 24-49, Code of Ordinances of
the City of Atlantic Beach. My clients are both adversely affected persons in
accordance with Sec. 24-49. The LLC's members are both local residents that are in
close proximity to the proposed gas station. Glenn Shuck owns real property
located at 104 Sylvan Drive, Atlantic Beach, a mere 2 parcels away from the
proposed gas station.
Both clients will be adversely affected because the proposed development
will increase traffic congestion, pose increased threats to citizen safety, significantly
contribute to noise and light pollution, create a prominent source of visual and
cultural blight, pose considerable damage to the character of the community,
negatively impact existing commercial uses that are a cornerstone to the fabric of
6277 AlA South, St. Augustine, Florida
904.671.0505
www.janewestlaw.com
Atlantic Beach, contravene the City of Atlantic Beach's Mission and overall
negatively impact property values. As such, the City's approval of the gas station
violates Policies A.1.3 and A.1.11.1 of the Atlantic Beach Charter; Sections 24-2(a),
24-171 and 24-111(b) of the City's Land Development Regulations.
Pursuant to Sec. 24-49, my clients hereby request that the merits of this
appeal be heard at a public hearing within a reasonable period of time with proper
public notice as well as due notice to interested parties. Upon receipt of this notice
of appeal, please transmit the record upon which the approval was based to the city
commission together with a copy of this notice. In addition, please provide me with
a copy of whatever record you transmit to the City Commission.
As a procedural matter, Sec. 24-49 of your Code contains a flawed and/or
ambiguous term. Your Code's appellate process for review of administrative
decisions identifies an entity that currently does not formally exist at the City. The
role of "Community Development Director" is not a position that is currently
occupied by anyone at the City. For purposes of this appeal, I will assume that
Jeremy Hubsch, who holds the title of "Building and Zoning Director" is one in the
same as the "Community Development Director" identified in your Code. If for
some reason, this assumption is misplaced, please provide written clarification.
Enclosed herein please find a check in the amount of $50.00 as the filing fee
for this appeal. Thank you.
Respectfully,
Jaiic \,ti'cat
cc: Jeremy Hubsch, Building and Zoning Director
6277 AlA South, St. Augustine, Florida
904.671.0505
www.janewestlaw.com
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