38-Appeal of Permit 15-CVPR-2411ROGERS (TOWERS
Via email to: ihubsch a,coab.us
Mr. Jeremy Hubsch
Community Development Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5445
Emily G. Pierce 1301 Riv place Boulevard • Suite 1500
Jacksonville, Florida 3�7
904 . 346. 5787
EPierce@rtlaw.com
rtlaw.com
March 1, 2016
904.398.3911 Main
904. 396 . 0663 Fax
www.rtlaw.com
Re: Appeal of Permit 15-CVPR-2411/535 Atlantic Boulevard filed by Eakin & Sneed on
February 16, 2016
Dear Mr. Hubsch,
As you are aware, we represent Gate Petroleum Company ("Gate") with regard to the
proposed development of a parcel of land located at 535 Atlantic Boulevard in the City of
Atlantic Beach. We received notification from your offices that the above referenced appeal was
filed challenging the issuance of the Preliminary Site Development Permit issued by Mr. Hubsch
in his capacity as the Community Development Director on February 9, 2016.
We were provided a copy of the appeal and, having reviewed it, believe it to be facially
insufficient under applicable law. The appeal, as filed, fails to allege an error or to identify an
error upon which the appeal is based. Thus, the appeal does not comply with the City's
requirements as set forth in Section 24-46(g) of the Code of Ordinances. Further, the failure to
allege or identify the areas of controversy and the factual basis for the appeal puts Gate, as the
applicant, in the untenable position of having to prepare a defense without first having been
apprised of the basis of the appeal, in clear violation of the Due Process Clause of the Florida
and United States Constitutions. The appeal is fundamentally flawed and insufficient as a matter
of law.
For the above reasons, we hereby request that the City reject the appeal as filed.
Sincerely,
mily G. Pierce
cc: T.R. Hainline, Jr.