57 Plaza West (Atlantic Powder Coating) 10.13.2010 Condition ViolationBy Certified Mail
October 13, 2010
Harold Matthews
Atlantic Powder Coating, Inc.
57 West Plaza
Atlantic Beach, Florida 32233
Re: Notice Violation of conditions of Waiver from Land Development Regulations
Dear Mr. Matthews:
Over recent months the City has again received complaints that you are operating your business in a
manner that is in violation of the conditions placed on your business in November of 2009 as part of the
Waiver from the Land Development Regulations to permit certain activities to occur outside of the
enclosed building. The request was approved subject to the following conditions. (copied from the
enclosed original notice of approval sent to you November 24, 2009.)
Business hours shall be limited to Monday–Friday, 8:00am–5:00pm, and specifically no operation
of any equipment that generates noise, dust or airborne particulate shall be permitted outside of
these times.
Work bay doors on the rear side of the building shall be closed during business hours except for
intermittent opening limited only to the time required to move items in and out of the building, and
at all times, dust and particulate matter shall be contained within the building.
Outside activities shall be limited only to the cooling of work pieces and temporary placement of
pieces awaiting customer pick-up.
Please be aware that these conditions must be maintained on a continuing basis.
And please recall that you assured the City Commission that these conditions would be adhered to and
would allow you to operate as needed.
Over the last several months, we have received numerous complaints from nearby residents that these
conditions are continuously being violated, and City staff has routinely observed and documented that
rear bay doors are open during working hours and that other pieces of equipment and work items are
being kept outside on the West Plaza side of the building. Building Official Mike Griffin discussed this
with you directly several weeks ago, however, violation continues as of this date. The complaints have
been mostly related to your hours of operation outside of the Monday–Friday 8:00am–5:00pm time
frame and excessive noise from the rear of the building.
By Certified Mail
As we discussed last November, strict adherence to these conditions “on a continuing basis” is essential
in order for you to be in compliance with the uses permitted within the Commercial General (CG)
Zoning District, which are reproduced in part below.
Sec. 24-111. Commercial General Districts. (CG)
(b) Permitted Uses. It is not possible to list all potential permitted or prohibited general commercial
uses within this Section, but typical Uses permitted within the CG Zoning District shall include
neighborhood serving uses, which shall mean low intensity commercial uses intended to serve the
daily needs of residents of the surrounding neighborhoods. Such Uses shall not include
manufacturing, warehousing, storage or high intensity commercial activities, or commercial uses of
a regional nature, or such Uses that have the potential for negative impacts to surrounding
neighborhoods and properties due to excessive traffic, noise, light or extremely late hours of
operation or other factors that may adversely affect existing commercial uses or any nearby
residential uses.
………………………………………… Unless otherwise and specifically provided for herein, all
business activities, products for sale and services must be located within an enclosed Building properly
licensed for such Use.
You are requested to appear before the City Commission at their meeting on Monday, October 25, 2010
at 6:00pm at which time the City Commission will reconsider the Land Development Regulations
waiver that was granted to you last November.
Sincerely,
Sonya Doerr, AICP
Community Development Director
cc: Michael Griffin, CBO, CFM, Building Official
Jim Hanson, City Manager
Alan Jensen, City Attorney