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10-10-22 Special Commission Meeting Amended Agenda City of Atlantic Beach Amended Agenda Special Called Meeting of the City Commission Monday, October 10, 2022 - 5:15 p.m. Commission Chamber City Hall, 800 Seminole Road PLEDGE OF ALLEGIANCE Page(s) 1. PUBLIC HEARING ON WAIVER REQUEST (WAIV22-0004) Request for a waiver from Section 19-1 to allow a parking pad in city right-of-way at 725 Amberjack Lane. 1.A. City Attorney Procedural Reminders Waiver Hearing Procedures 3 - 9 1.B. Disclosure of Ex Parte Communications, if any 1.C. Swearing in of all persons who will speak * 1.D. City Staff Overview WAIV22-0004 Staff Report WAIV22-0004 Application 11 - 24 1.E. Applicant Presentation 1.F. Public Comments 1.G. Closing Comments/Rebuttal 1.H. Commission Deliberation and Action 2. ADJOURNMENT 3. CALL TO ORDER This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a ve rbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Page 1 of 24 Special Called Meeting of the City Commission - 10 Oct 2022 Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Friday prior to the meeting. Page 2 of 24 CITY OF ATLANTIC BEACH WAIVER HEARING PROCEDURES WAIV22-0004 (725 Amberjack Lane) Quasi-judicial proceedings, such as rezonings, uses by exception, variances and waiver requests, are not controlled by strict rules of evidence and procedure, but certain standards of basic fairness must be adhered to in order to afford due process. In quasi-judicial hearings, the parties must be able to present evidence, cross-examine witnesses and be informed of all of the facts upon which the Commission acts. The hearing must be fair and impartial and contain the following requirements:  Notice  Quasi-judicial hearings can be very informal. The record must be made at the hearing and the parties must be able to comment on the evidence or to introduce contrary evidence  Written decision. The decision must be based on the record as it is produced at the hearing and should include an analysis of the applicable statutes, ordinances, regulations and policies as well as the facts  Fairness protections require an unbiased decision maker and decisions are to be based on information presented at the hearing and made a part of the record Suggested Procedure for Waiver Hearing, WAIV22-0004  Mayor to Open Hearing  City Attorney – Procedural reminders/correspondence made part of record/swearing in of staff, applicant and any person(s) wanting to testify before Commission on this matter.  Disclosure by the Commission members of any ex parte communications (per Resolution 95-26, each Commissioner must disclose the subject of the communication and the identity of the person, group or entity who made the communication before final action).  Staff presents an overview of the subject matter and timeline of the application.  Applicant, and/or Applicant’s legal counsel, present the request and support for approving the waiver request and Applicant’s witnesses, if any, make presentations.  Public comments – 3 or 5 minutes, depending on number of speaker cards submitted to Clerk.  Closing comments/rebuttal by Applicant (may include cross-examination if requested).  Commission deliberation and action, based on provisions set forth in Section 24-190, Land Development Regulations, Waivers, which will be memorialized in the writing.  Commission may approve, approve with conditions or deny the waiver request.  Per Section 24-66, The city commission shall not approve a waiver unless: (1) Compliance with such provision(s) would be unreasonable; or (2) Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility. (c) A waiver shall not modify any requirement or term customarily considered as a variance. (d) A waiver shall be considered only in cases where alternative administrative procedures are not set forth within the city Code of Ordinances. (e) A waiver from the land development regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of these land Agenda Item #1.A. 10 Oct 2022 Page 3 of 24 development regulations. In considering any request for a waiver from these land development regulations, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced. REFERENCED CODE SECTIONS Sec. 24-66. - Waiver. (a) General. Except for those waivers authorized by section 24-190, where the city commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this chapter, the city commission may approve a waiver. (b) Conditions of waiver. An applicant seeking a waiver shall submit to the city commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The city commission shall not approve a waiver unless: (1) Compliance with such provision(s) would be unreasonable; or (2) Compliance with such provision(s) are in conflict with the public interest; or (3) Compliance with such provision(s) are a practical impossibility. (c) A waiver shall not modify any requirement or term customarily considered as a variance. (d) A waiver shall be considered only in cases where alternative administrative procedures are not set forth within the city Code of Ordinances. (e) A waiver from the land development regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of these land development regulations. In considering any request for a waiver from these land development regulations, the city commission may require conditions as appropriate to ensure that the intent of these land development regulations is enforced. REFERENCED CODE SECTIONS IN STAFF REPORT Sec. 19-1. - Construction within and/or use of city rights-of-way. (a) Except as expressly set forth below in article II of this chapter regulating utilities, and in article III of this chapter regulating communication services, the provisions in this article I shall apply to any construction within and/or use of city rights-of-way. (b) The following terms and phrases shall have the meanings given herein for purposes of this chapter 19. Words not otherwise defined shall be construed to mean the common and ordinary meaning. Agenda Item #1.A. 10 Oct 2022 Page 4 of 24 Construction means any use of, activity, placement, replacement, repair or installation performed by any person or entity other than the city within the boundaries of any city right-of-way, including, but not limited to, curb cuts; driveways; excavation activities; installation of pavers, poles, conduits, wires, cables, fencing, signage and sidewalks; structures or other improvements or fixtures; and landscaping activities. The term does not include pedestrian, bicyclist or vehicular use of the rights-of-way. Rights-of-way or public rights-of-way means land in which the city owns the fee or has an easement devoted to vehicular, bicycle and/or pedestrian movement, or required for use as a transportation facility, as that term is defined in F.S. § 334.03(21), and may lawfully grant access pursuant to applicable law and includes the surface, airspace over the surface and the area below the surface of such rights-of-way. "Public rights-of-way" shall not include (a) county, state or federal rights- of-way, (b) property owned by any person other than the city, (c) service entrances or driveways leading from the road or street onto adjacent property, or (d) except as described above, any real or personal property of the city, such as, but not limited to, city parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way. (c) Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation, the following: (1) Installation of mailboxes other than units prescribed by U.S. Postal Service Standards and Florida Department of Transportation Parking and Traffic Design Standards. (2) Decorative walls. (3) Retaining walls. (4) Buildings or structures of any kind. (5) Barriers or obstructions of any kind. (6) Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. (7) Fences. (8) Swimming pools. (9) Parking spaces or lots. (10) Landscaping of any kind, except sod, which is permitted provided the adjoining landowner maintains the sod. (11) Any other improvement, object or item requiring a permanent foundation or which cannot be removed readily. (12) Any improvement, object or item designed and intended for personal or private use and not for public use. (13) Security lights and street lights. (14) Any work, construction activity or item which creates an obstruction, whether permanent or temporary, to the free and complete use of the right-of-way. Agenda Item #1.A. 10 Oct 2022 Page 5 of 24 (15) Driveways, new, modified or replaced (see section 19-7). Sec. 19-2. - Permits and revocable licenses required. (a) Any person or entity desiring to undertake construction within and/or use of a right-of-way shall obtain, prior to commencement of any work, a permit for such activity issued by the city manager or his designee on terms and conditions as described herein, or in accordance with subsection (f) herein, the issuance of a revocable license. (b) Any such person or entity shall complete and file an application for such approval in the form prescribed by the city. (c) Fees for permits and revocable licenses shall be determined by resolution of the city commission. (d) No use of or construction in a right-of-way shall be permitted or licensed if that use or construction creates an obstruction barrier or safety hazard as defined by generally accepted engineering practices. (e) All requests for use of or construction within a right-of-way shall be evaluated based on the benefit of said use or construction to the general public and the degree to which the benefit to and convenience gained by a private property owner conflicts with or outweighs the benefit to the general public for the use of the affected right-of-way. (f) Revocable licenses are required for all improvements in the right-of-way which are not accepted for maintenance by the city. (g) All requests for revocable license agreements require approval by the city manager or his designee. (h) The permit or revocable license applicant shall be the owner or owners of the real property located adjacent to the affected right-of-way or a person designated by affidavit of said owner or owners. (i) Time limitations. (1) In no case shall construction commence on any improvement within any right-of-way before a permit and, if required, a license is issued. A permit issued by the city shall be valid for a period of up to one hundred eighty (180) days from the date of issuance. If a period in excess of one hundred eighty (180) days is required because of the scope of work, approval shall be obtained in advance of the issuance of the permit and the permit validation period shall reflect such extension. A permit shall not be extended more than three (3) times or for more than one (1) year from the date of issuance. (2) After issuance of the permit, the permittee shall notify the building department a minimum of two (2) business days prior to commencing construction. This notification will allow for scheduling of inspections. If a road closure is required, the permittee shall submit with the permit application a maintenance of traffic (MOT) plan to include all proposed road closures and an expected time duration for each closing. Road closures shall require separate approval by the public works department and public safety department and a minimum of three (3) business days' prior notification before the commencement or construction. Road closures of fewer than fifteen (15) minutes shall not require notification. Agenda Item #1.A. 10 Oct 2022 Page 6 of 24 (j) Application and other requirements. (1) Any person legally entitled to apply for and receive a permit and/or license under the provisions of this article shall make such application in writing to the city in a form/format provided for that purpose. Every applicant for a permit/license shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The city may require plans, specifications or drawings and such other information as it may deem necessary and pertinent prior to the granting of a permit/license. If the city determines that the plans, specifications, drawings, descriptions or other information furnished by the applicant are in compliance with this article, the rules and regulations of any other department having jurisdiction and any other laws, rules and regulations pertaining to work proposed to be done, it shall issue the permit/license applied for upon payment of the required fee. (2) The order, sequence and prerequisites for making applications shall be as designated by the city. (3) The applicant shall determine all potential utility conflicts during the design stage and shall show same on the plan and profile drawings submitted with the application. The plan and profile drawings shall be in accordance with utility plan guidelines or as specified by the city. (4) If it is determined that such work or activity within any right-of-way will not unreasonably interfere with the rights of the public or city, the city may issue a permit/license for such construction work or activity, upon such reasonable conditions as the city deems necessary for the protection of the rights of the public and the city. (5) Under all conditions prescribed in this section, the construction shall not proceed unless the statewide one-call toll-free telephone notification system or such other method established under the Underground Facility Damage Prevention and Safety Act, as now or hereafter amended, is notified not less than forty-eight (48) hours nor more than five (5) days in advance of beginning construction. Advance notification is waived when it is documented to the city that the excavation work is of an emergency nature involving the public health, safety or welfare. (6) All applicants shall give the full name, address, electronic mail address and telephone number of the person or organization making such application and all contractors expected to participate in the construction of the work; shall designate the place, extent, nature and purpose of such work or activity; and, if any paving, curbing, sidewalk, drainage feature, sewer or water main will be disturbed by such work, the city manager or designee may require that the application be accompanied by a deposit of money in such amount as shall in the opinion of the city manager of designee be sufficient to pay for the expense of repairing or restoring the same. Pavement replacement shall be in accordance with the conditions set forth in the permit and other standards of the city. Failure or neglect on the part of the applicant to carry out all work in compliance with the conditions set forth in the permit/license and other standards of the city shall be reason for revocation of the permit/license. (7) All applicants shall restore the rights-of-way to its previous condition. (8) All applicants shall verify the location and elevation of all underground facilities and shall protect said facilities from damage; in the event that any facilities are damaged, the Agenda Item #1.A. 10 Oct 2022 Page 7 of 24 applicant or applicants shall, at their sole expense, repair or cause to be repaired the damaged facilities to the satisfaction of the owner or operator of said facilities. (9) Upon the completion of the work authorized by a permit/license hereunder, the permittee/licensee shall refill all trenches and excavations. All openings in rights-of-way must be promptly filled with suitable material, free from rubbish and perishable matter, and thoroughly and evenly compacted throughout, ramming in thin layers while being put in or by flooding with water. Upon completion of the backfill, the permittee/licensee shall immediately place pavement, if applicable, in a safe condition for traffic by laying a temporary pavement, properly supported, having the top of the pavement flush with the pavement surface. Immediately after completion of work or any consecutive portion of it, the permittee/licensee shall remove from such street or sidewalk all unused material, refuse and dirt placed in the vicinity of the work resulting from its prosecution and restore the right-of-way to a condition satisfactory to the city, notifying the city of such action. In case the work is not completed within the time limited in the permit/license, the city may, if it deems necessary, take steps to return the surface to a safe condition. If an extension of time beyond such date is necessary for completion of the work, a new application must be obtained. All persons in charge of any work in the rights-of-way must retain and have in possession at all times while so engaged the permit/license as described in this section. If the city shall at any time within thirty (30) days after the sidewalks and/or pavement have been replaced or repaired determine that the work has not been completed in a workmanlike manner or otherwise fails to meet city standards, then, and in that event, the city shall cause the sidewalks, pavement or other surfaces within the right-of-way so defectively replaced and repaired to be properly replaced and repaired. All costs and expenses of so replacing and repairing such work shall be charged against the fund deposited by the person to whom the permit was granted to cut, disturb and excavate the pavement or sidewalks, for a period of one (1) year against defect. (k) Each applicant for a permit and/or license, as may be applicable, under this article shall: (1) Agree to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed or existence of any improvement under such permit or revocable license. The acceptance of any permit or revocable license under this article shall constitute such an agreement by the applicant whether such acceptance is expressed or not. (2) Pay a permit and engineering review fee and security deposit. Developers of major subdivisions may request to pledge assurances to the city in lieu of cash or check, and the city, in the sole exercise of the city manager's judgment and discretion, may accept or reject such assurances. (3) Furnish a certificate of insurance. (4) Keep the original copy of the permit or revocable license and an approved copy of the plan in the possession of the party actually doing the work and, when requested, exhibit such copy to the building official, duly authorized inspectors or, in the instances of county and state roads, to the respective inspectors representing these authorities. (5) Agree to perform the work in accord with the permit and/or revocable license conditions and the regulations established under this article. Agenda Item #1.A. 10 Oct 2022 Page 8 of 24 (l) Bond. A performance bond, or other financial security, in form, content and execution approved by the city, may be required to protect the city in the event the specified work is not completed or does not conform to the city's requirements, or when damages to the right-of-way have occurred. (m) Permit/license revocation. The city may revoke permits and licenses issued upon finding that: (1) The permit/license was issued by mistake of law or fact; (2) The permit/license is for work which violates the provisions of this article; (3) The permit/license was issued upon a false statement or misrepresentation by the applicant; (4) The permit/license violates any ordinance of the city or any state or federal law, rule or regulation; (5) The work is not being performed in accordance with the provisions of this article; (6) The certificate of competency or license of the permittee has become invalid by reason of expiration, suspension, revocation or otherwise; (7) The work is not being performed under the supervision of the holder of the certificate or license upon which the same was issued; (8) The work is not being done in accordance with the terms of the permit/license, the plans or the application upon which the same was issued; (9) Payment of the fees was not effected due to insufficient funds or any other reason; (10) The work performed is threatening or interfering with public welfare and safety; (11) The work performed is not in compliance with this article and/or city Code; or (12) The permittee is not in compliance with this article and/or city Code. Agenda Item #1.A. 10 Oct 2022 Page 9 of 24 Page 10 of 24 CITY OF ATLANTIC BEACH CITY COMMISSION IVIEETING STAFF REPOIIT‘ AGENDA ITEIVI:WAIV22—0004 Public Hearing WAlV22—0004 is a request For 21 waiver rt-om Section 19-:to al lo w aparking pad within the city I'igIIt»(>f»\vay at 725 Ainbeijaek Lane. SUBl\/IITTED BY:Scott \X/illiarns,]Di1'eclo1'of Public \\/orks 'l‘Ol)AY’S DATE:Oclober 5.2022 IVIEETING DATE:October 10,2022 BACKGROUND:The applicant is Brandon and Kelly Fanning,the propeny oof725 A|11be|jack Lane (RE #171195 0000).They have owned the property since 2016 and request ing, a waiver from Section 194 to allow a parking pad within the city right-—of—way in front ort he property . This property is sh Dr ~4 i....-.[735 "M 1' 72, _£7“located in the I-115:.-- Royal Palrns -no ..u,,s....n,.,D rneighborhood.""""Ii!3, It is sixnilar in size to the surrounding 750 lots in the area.730 72,, They are approxixnately 80’wide and 55 755 171195 93’in depth.745 735 .=*AI]1b6rj?Ck ..i.no i.-. 715 “ Lane is a 60’"”"’no es z'ight—of—way “W L» With a 24’ asphalt paved portion.On street parking is perrnitted on Amberjaek Lane. so t 740770760‘2 5':Su91 710 939! .e.r,-.s nu o Illivllarjack Ln“"4”i...a an‘:"""‘an -.a 91 760 748 3: 736 9)a; 4 72-1 712 9! 7a o 745 F‘!725 :V.../I\_,_ 9: 755 Agenda Item #1.D.10 Oct 2022Page 11 of 24 Section 19-](c)prohibits construction within city rights—of—way including “parking spaces orlots”.except as rnay be permitted by Section 19-2.Section 19-2 authorizes the city n-ianager or desi gne e toissueSI pert-nit or revocable license to undertake construction within the city rigl1t—of—way and stat es that"all requests for use of‘or construction within a right—o —way shall be evaluated based on th e ben efit ofsaid use or construction to the general public and the degree to which the bene?t to and conv enie nce gained by a private property owner conflicts with or outweighs the benefit to the general public fortheuseof the affected right—of—way.” On l\/lay 26,2022 the city placed a stop work order on this property for working (installing aparkingpad on the l‘ight—of—way)without a perrnit.Shortly after on June 1,2022 the applicant SI_lbl" I1illECl abuilding pern-tit for the replacen1ent ofan existing un perrnitted parking space and a porch with pave rs. Thisperrnit was approved and issued on June 7,2022.After n-ieeting with the property owner,it was d e t e rr n i n e d that the perntit was issued irl error as city staffwas unaware of the existence ofa parking pad theright- of—way and believed the pern-lit was to replace the driveway with pavers.Aerial iinages sho w thatthe original parking pad was constructed at some point between January 2020 and January 2 0 2 1 , withouta perrnit or approval froin the city. Based on Sections l9—1 and 19-2,city staff has denied the replacernent/continuance of t h e parkingpad within the right—of—way.The applicant/propeny owner is requesting a waiver in order to andreplace the existing parking pad with pavers. VVAIVERS where the city commission ?nds that undue hardship due to unreasonable practical difficulties tresultfront st 1 compliance vvitlt this chapter,the city commission may approve a waiver. The city commission shall not approve a waiver unless:Agenda Item #1.D.10 Oct 2022Page 12 of 24 (I)C‘o|npliance win.such p|'ovisi0n(s)vvould be unreasonable:or (2)coinpliancc wim such pr0\'is'|on(s):II1:in conflicl with me public inlcresl:or (3)C‘on1pliz|nce win.such p|‘0Visi0u(s)are 21 practical ixnpossibility. BUDGET:None REC()l\/ll\/IENDATI()N:COIhI11issio|1 to consider vvaiver \NAIV22~0OO4. A'I"FACHl\/lENT(S):Vvaiver Hearing Procedures Vvaivcr Application Building Perrnil Application REVIEVVED BY ITY NIANAGER:Agenda Item #1.D.10 Oct 2022Page 13 of 24 Page 14 of 24 LAND DI-EVEL()Pl\/[EDIT REGULATIONS INAIVER ';=ou-uuy- gnu)", a;=;= ;¢ _-5- usEo Ng_ Tr clty of Atlantic Beach PERM"-#Me 52 1. 00 93 Community Development Department ,soo serninole Road Atlantic Beach,FL 32233 (P)904-247-5800 |‘_‘l $300.00 A pp nc ati on Fee APPLICANT INFORMATION NAME Kelly Fanning /E»E .___ EMAIL keIIy.c.rannIng@gmaII.<om , ADDRESS 725 Amberjack Ln.PHONE #(904)635-0147 cmr Atlan Iaeach_STATE FL ZIP cope 32233 CELL or (904)535-0147 SITE INFORMATION ADDRESS 725 Am berjack Ln SUBDIVISION Royal Palms BLOCK 5 LOT11 RE»171 195090 LOT/PARCEL SIZE 7334 ZONING CODE R COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Parkirlg Place REQUESTED PROVISIONS FROM WHICH WAIVER IS SOUGHT Parking Place allowed to remain In clty's right—of— way PROVIDE ALL OF THE FOLLOWING INFORMATION: 1 .Proof of ownership (deed or certl?cate by lawyer or abstract company or title company that recordof owner as above. 2.Survey and legal descrlptlon of property. 3.Ifthe applicant is not the owner,provide a letter ofauthorizatinn from the owner(s)for appllca nt torepresent the owner for all purposes related to this application. 4.Please submit a written request for the waIver staung the reasons for the waiver and the facts whlch s u p p o r t thewaIver._ I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED Is CORRECT:slgnature of Property owner(s)or Auth orize d Agent,..«./‘K Kelly Fanning ‘ SIGNATURE OF I \.PRINT CIR TYPE NAME ' ‘SIGNATURE or APPLICANT (2)PRINT on TYPE NAME slgned and sworn before me on this J ‘v day of ‘\:-.«‘W l .I l l by state of , ,"V _, ‘ '« ‘ 1 R “".,Counfyof J“I Identi?cation veri?ed: tary Slgna yéeasmurenJOHNSTONmvcolwulsslouIvnuosrsnEXPIRES:cancer 27 2934sumacmmugh,pug,“'Cornrnlssicin explres , l l lIOathsworn:|:|Ves I l 1 5 LAND DEV REGULATION WAIVER 01.2 .Agenda Item #1.D.10 Oct 2022Page 15 of 24 Bu Id ng Perm 1:Appl cation City of Atlantic Beach Building Department 800 Seminole Road,Atlan Beach,FL 32233 Phone:(904)247-5826 Ernall uildln ~e I coa ia,m.,...iIn/ii/[H -‘ AL L INFDRIVIAY ION isREQUIRE D. Job Address;5 ‘re-11 A—t .FL l)°(:i?n?|l;N\.irt'iber: _ RE§O22‘°° 25 _,_AC Ls-gaiuescription L174’/-2 I(..Jt H1‘?j?I ,/r-.;vn-4',I 4 € 0 . 4 5 5. 02* valuation or Vvurk (Replacement C051)s_gejg ,,_,Heated/cooled sr 7411* 7 Non-i-leaned/ coaied,_ ,_7 -Class oiwork:I:lNew l3Addllion ljAiteraiion Repair [CIA/love i:iDemo i:il>ool Clwindow/Door.‘ting/proposed structureisl:llcommerciai i’esidentiai -ii an exist ‘lg structure,is a tire sprinkler system lnstaI|ed?:Lives m?o Describe in data I the type oi work to he perlormed: mfilru JI-.-..:p...I?.,2g 5;.“¢'(>..a..t.i../in Florida Product Approval 91 PTO ETK OINHEF nformatlon Name A n 4 Address 135 ~‘L‘(;BsA L_,,_ City A /state 71.zip»3>>J}Phone 1 -2;7 2 ‘ : ‘v n—-In-til -as-~ owner or Agent (II Agent,Power Attorney or Agency Letter Required) contractor Info in i n Name 0'Ccirrlpany Qual yirig Agent Address city state Office Phone Job site contact Number state certiiication/Registration :1 Email Archllecl Name &Phone or _, Engineer’:Name is.Phone iv _, Workers compensation Insurer on Exempt D Expiration Date Application is hereby made to obtain a permit to do the work and installations as indicated.I cerlily lhal no wor k orinstallat ion has commenced prior lo tne Issuance 01 a permit and met all work will be periormed to meet the slandards or all t h e lawsregulating construction In thls Jurlsdicliorl.I understand that a Separate permit must be secured for ELECTRICAL \NORK,PL UI VI BI NG SIGNS, WELLS,POOLS,FURNACES.BOiLERS,HEATERS,TANKS and AIR CONDITIONERS,etc. ror mult pie prnducls use p r o d u ct approvalIorrn OWNER'S AFFIDAVIT:I certliy lhal all the ioregoing lriion-nation is accurate and that all work will be done in com plia nce withall applicable laws regulating construction and zoning. VVARNING TO OVVNER YOUR FAILURE TO RECORD A NOTICE OF COIVIIVIENCEIVIEN T IVIAY RESULT IN YOUR PAVING TVVICE FOR IIVIPROVEIVIENTS TO YOUR PROPERTY.IF INTEND TO OBTAIN FINANCING,CONSULT VVITH YOUR LENDER OR AN ATTORNEY BEFO RERECORDlN OTICEOFCOIVIIVIENCEIVIENT. V_ //(signature of owner or Agent)‘(signaiure oi Conlrartoll Signed and sworn to ior a?lrrned)before me this i day or Signed and sworn to (or amrmed)beiore m e tnis T davof..bv[¥§LtLi .3023’by (Signature oi [ipa sonally km.i 1 re.-sanally xnown on i oduted ldenlillcalioiv i l Pmduced idemiiicauun Type oi lderi??catinn:Z L.O\,Yyue oi identintation. INGRAV Agenda Item #1.D.10 Oct 2022Page 16 of 24 PERI\/IIT NU IVI BE R RESO2 2— O026 ISSUED:6/ 7/ 20 22 EXPIRES:12 /4/ 20 22 RESIDENTIAL OTHER PERIVIIT CITY OF ATLANTIC BEACH sun SEIVIINOLE ROAD ATLANTIC BEACH.FL 32233 IVIUST CALL INSPECTION PHONE LINE (904)247-5814 BY 4 PIVI FOR NEXT DAY ALL VVORK IVIUST CONFORIVI TO THE CURRENT 6TH EDITION (2017)OF THE FLORID A BUILDI NGCODE,NEC,IPIVIC,AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES . ALL CONDITIONS OF PERIVIIT APPLY,PLEASE READ CAREFULLY. NOTICE:In addition to the requirements of this perrnit,there may be addltlonal restrictions applicable thisproperty that may be found in the public records of this county,and there may be additional permits required fr o m other governrnentai entities such as water management districts,state agencies,or federal agencies. DESCR P ON.VA LU E OFVVPERIVITTYPE. RESIDENTIAL OTHER SINGLE OR TVVO FAIVIILY RESIDENTIAL OTHER TYPE OF BUILDING USE JOB ADDRESS. remove concrete,replace $ 60o o>o ° 725 AIVIBERJACK LN ..existing pavers S U B DI VI SI O N CONSTRUCTIO GROU 171195 0000 ROYAL PA LI VI S UNIT01 COI\/IPANY:ADDRESS:CITY:STATE:ZIP: OVVNER:ADDRESS:CITY:STATE:ZIP: FANNING JOHN BRANDON 725 AIVIBERJACK LN ATLANTIC BEACH FL 32233 VVARNING TO OVVNER:YOUR FAILURE TO RECORD A NOTICE OF COI\/II\/IENCEI\/IENT |\/ IA Y RESULTll‘ YOUR PAYING TVVICE FOR |I\/lPROVEI\/IENTS TO YOUR PROPERTY.A NOTICE OF COIV IIVIE NCEI VIEN T IVIUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.IFYOU INTEND TO OBTAIN FINANCING,CONSULT VVITH YOUR LENDER OR AN ATTORNEY RECORDING YOUR NOTICE OF COI\/lI\/IENCEI\/IENT. LIST OF CONDITIONS Roll off container company must be on City approved list .Container cannot be placed on City rlght-of-way. 1 J PUBLIC WORKS 1 EROSION CONTROL INSTALLATION I INF OR MAT ION AL ‘fpiiiéé I ............wrgueroslari central measures must be Installed and approved prior to beginning my earth dmigrhing actlvltlas.Contact the Insp eczl -iii Llrie(sag-2-wu 533.4)‘to requas:an Erosion and Sedlrnent Cnritrol Inspection Iirlor to start dfuonstfuctlun. |PUBLIC WW.I I INF OR MAT ION AL oN SITE RUNOFF ‘L '6...,_, ANIrung?imust remain énaske during consgruciian. Issued Date:5/7/2022 1 of 2 Agenda Item #1.D.10 Oct 2022Page 17 of 24 CITY RESIDENTIAL '()TrI-IERPERIVI IT OF ATLANTIC BEACH 800 SEIVIINCILE ROAD ATLANTIC BEACH.FL 32233 PERIVIIT N UI VI BE R RESO2 2-0026ISSUED‘6/ 7/ 20 22 EXPIRES.12 /4/ 20 22 2 I PUBLIC WORKS I ROLL OFF CONTAINER INF ORI VIA TID NAL Notes: Rol|off container company must be on City approved Iisn Approved l|s(can be obtamed ax the auuding Deparlrnent at City Hall.R ol l Offcomamer cannot be placed on cuy rIght—Of—way. PUBLIC woRI<s«I RIGHT OF wAv RESTORATION INF OR MAT ION AL Notes: FuII r|gh(-of-way restorauon.Incluc?ng sad,Is reqmred. 5 PUBLIC WORKS RUNOFF INF OR MAT ION AL Notes: All runoff mus:remaIn on-site.cannon raise Iol elevaxion. 5 PUBLIC VVORKS DOCUIVIENT IM PERVIOUS AREA INF OR MAT ION AL Notes: Strongly suggesl thorough documenxauon of Irnpervmus areas be recorded. 7 PUBLIC wORI<s GRASS INF OR MAT ION AL Notes: Ful sue lo be grassed. 3 I PUBLIC WORKS REVISION l INF OR MAT ION AL Notes: Any plan change must be suIarnIued as a RevIsIon to che Bulldlng Department. 9 PUBLIC wORI<s INFRASTRUCTURE INF OR MAT ION AL Notes: Any damage done to Infrastructure must he repaIred by Owner. 10 I PUBLIC WORKS OTH ER PU BLIC WORKS CON DITION INF OR MAT ION AL Notes: All consxrucuon derarxs must be removed from Job site by Owner. DESCRIPTION ACCOUNT QUANTITV PAID Pw REVIEW BUILDING MOD on ROW oo1—oooo—329—1oon o 525.00 zoNINs REVIEW SINGLE AND 1’\/V0 FAMILV uses cIu1—ooao—32s—:oo3 a $100.00 To'rAL: $12s.ou Issued Date:6/7/2022 2 Of 2 Agenda Item #1.D.10 Oct 2022Page 18 of 24 RIGHT-OF-VVAY /EASEIVIENT PERIVIIT APPLICATION ,,,,,°RMA1.,o,,, City Of Atlantic Beach HI GH LI GH TE D INGRAVIS 500 semlnole Road,Atlantic Beach,FL 32233 REQUI RED. l'l>f(N|II1(t RESPCIHSIIIE IDA NUYIIVING ll)AND DBYAIMING tlllll V t(.I\'_AlES \ z>a>‘3 Job Address 7.15 A~.;L_e_r_,—-/4 Late ,4 £5 ,15,,\‘L Perm"Nurnber__ RESO22 —O026 _ Contractor Information Comnanv 70‘-"_"/‘»--/5.Quali?/lngAgenl Address ‘res A»-J«x..ri<lane city A4I..4c Ian State Fl.Zi p 1=>’3 Phone 79%’3a;—--2..9 Entaii 3,».Jaw F:-.,..3,9;».../.‘.4, State Certiflcatlon/Registration N Architect Pltone Enlail Engineer Phone Email Workers compensation insurer -on Exempt|:|Explratlon D at e.Perrfllltee declares that prior to filing this application they have ascertained the location of all existing bothaerial and underground and the accurate locations are shown on the sketches. o whenever necessary for the construction,repair,Improvement.maintenance,save and enicient operation . alterallunor relocation oi all,or any portion or said street or easement as determined by the Public works Director,an y orallsaidpoles, wires,pipes.(ables or other racilities and appurtenances authorized hereunder.shall be immediately fromsaid street or easement or reset or relocated hereon as required by the Public Works Director and at the e x p e n se orthe Fern-llltee unless reimbursement is authorized. -All work shall meet City at Atlantic Beach or Florida Department oi ‘rransportatlon Standards and be p er f o r m e d underthe supervision or ( Proje ct Superint endent) with (Company Name)3'45,‘-Phone qg_~ ; »30}-I7L1 -All materials and equipment shall be subject to nspectlon by the Public Works Director. All city property shall be restored to its original condition as Var as practical,in keeping with City specifica tions andthe manner satisfactory to Ihe City -A sketch ol plans cove 'ng det s 43!this installation,as well as a copy of a recent survey shall be made apartofthispermit. L rulztuous show 5 any lntrentn In lrnvzrvlons at no on owner‘;lot or In the (Ivy rtghtau?atav :10 I n hoIlltludoduvbth this I?h?kollor . -The perrnlttee shall commence actual construction in good faith within I days.it the oeeinning da te ismorethanan days rrorn date or permit approval then oerrnittee must review the permit with the Public Works Director tomakesureno changes have occurred in the area that would a?ect the permitted construction. -It is understood and agreed that the rights and privileges herein set out are granted only to the extent 0 ! theCity'sright. title and interest in the land to be Entered upon and used by the holder,and the holder will.at all times,assu me allriskol and lnderrl y,defend and save harmless the City oi Atlantic Beach from and against any and all loss,andcostoi expenses arising in any manner of the exercise or attempted exercises by the holder ol the aloresald r i andprivileges. 2 Public Works Director shall be notified 24 hours prior to starting work and again lmmt2d'at y upon co mp leti on. oate §/'33 ttee (signed in presence o u ; STATE OF FLORIDA,COUNYV OF DUVAL Yhe foregoing instrument was acknowledgerl this a 3.day or M («g 3 02:.;~2093* by :D\I\_,3 Egggin whopers (printed namegrr-ermltteel acknowledged that he/she signed the instrument voluntarily for the purpose expressed in II. eared b e f o r e meand ![I PBISDYIRIIV K1ID\Nl'ISignalg ary ,ate of F orlda t»rvToduced lderitlhtatiori (Type)TFL QL4 )H’\Appll(aIl:lr-5 ts.rormsxwmd um.at-r.rs\zouruluin mam airway Easelnenl permit Anrillcationxiarx Rzvision oate.IO/l/I3 Agenda Item #1.D.10 Oct 2022Page 19 of 24 '“ AL L INFORI VIATIO N Owner BuI der Aff davlt City of Atlantic Beach Building Department G R A Y ISREQUIRE D.800 Seminole Rd Atlantic Beach,FL 32233 Phone:(904)24'/~5826 Erna I.FLORIDA STATUTES;CI IAPTER 489,FLORIDA STATUTES,PART 1 "CONSTRUCTION CONTRACTING"RE QUI RES OWNER /BUILDER TO ACKNOWLEDGE THE LAW: DISCLOSURE STATEMENT FOR SECTION 489.103(7),FLORIDA STATUTES: STATE LAW REQUIRES CONSTRUCTION TO BE DONE BY LICENSED CONTRACTORS.YOU H A V E APPLIE DFORAPERNIITUNDERANEXEMPTIONTOTHATLAW.THE EXEMPTION ALLOWS YOU.AS TOWNER OF YOUR PROPERTY,TO ACT AS YOUR OWN CONTRACTOR EVEN THOUGH YOU DO NOT A LICENSE. YOU MUST SUPER E THE CONSTRUCT ON YOURSELF. YOU MAY BUILD OR MPROVE A ONE OR TWO FAM Y RESIDENCE OR A FARM OUTBUILDING.YOUMAY ALSO BUILD OR IMPROVE A COMMERCIAL BUILDING AT A COST OF $25,000.00 OR LESS. THE BUILDING MUST BE FOR YOUR USE AND OCCUPANCY.IT MAY NOT BE BUILT FOR S A L E ORLEASE. IF YOU SELL OR LEASE A BUILDING You HAVE BUILT YOURSELF WITHIN ONE YEAR AFTER CONSTRUCTION IS COMPLETE.THE LAW WILL PRESUME THAT YOU BUILT IT FOR SALE OR L E VVHICH IS IN VIOLATION OF THIS EXEMPTION. YOU MAY NOT HIRE AN UNLICENSED PERSON AS YOUR CONTRACTOR.YOUR CONSTRUCTION MUST BE DONE ACCORDING To THE BUILDING CODES AND ZONING REGULATIONS. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT PEOPLE EMPLOYED BY YOU [jA\lE LICE NSESREUIREDBYSTATELAWANDBYCOUNTYORIVIUNICPALLICENSINGORDINANCES. II.INJURY LIABILITY;SINCE OWNERS IVIAV BE LIABLE FOR INJURIES TO WORKERS THEY HIRE,THE DEPARTMENT SUGGESTS WORKER'S COIVIPENSATION INSURANCE BE PURCHASED.. III.IRS WITHHOLDING;OWNERS HIRING WORKERS BECOME EMPLOYERS AND SHOULD ALSO OBSER VE IRSWITHHOLDIN GTAXAND/OR FORIVI 1099 REQUIREMENTS ON THE WORKERS THEY EMPLOY ON THEIR IMPROVEMEN T TRADES. IV.PENALTY;UNLICENSED CONTRACTORS CANNOT BE EMPLOYED UNDER ANY CIRCUMSTANCES.BEINGSUBJECT To $5,000 PENALTY UNDER FLORIDA STATUTE NO.455—22s(1).AN "OCCUPATIONAL LICENSE"NO T ADEQUAT E. THE OWNER SHOULD PHYSICALLY SEE THE COUNTY "CERTIFICATE OF COMPETENCY"OR THE FLORIDA " CO NT RA CT OR S CERTIFICATE"TO ASCERTAIN IF A PERSON IS A LICENSED CONTRACTOR.CONTACT THE BUILDING DEP AR TM EN T (9oa— 247-5825 OR BUIID Lx—l)EF‘l UA .I S)IF IN DOUBT. V.ACKNOWLEDGEMENT;I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE DISCLOSURE S T A T E M E N T ANDTHATI COMPLY WITH ALL THE REQUIREMENTS FOR THE ISSUANCE OF AN OwNER»BUILDER PERMIT. Job Address:‘Z2 5 Amzgg,etc A l_.....,,A II-n -\i..Kama W,3 )'>3) Owner Name:.)_¢|-In Tam-my Phone Number:4 ~(I~75 Mamng Address:¢‘‘/Cilv:U "Stale:""ZIp:'f" Nomrlzed Slgnunlre of own The for Olng Insxr me n was acknowledged before me «ms g?gday oI 20334.:the State ofFlorida.County §_|/_\V "'L 1of —*"Signature 0'Notary Public 1 Personally Known on [LlzPFbduI:e denllflcalion ype of Idemmcauon:F L,D (_, JENNIFER JOHNSTON uvcouulsslou a HH oslsrn OOIREE:Dunbar 11.20:4 Bon?ud nu-u any has um-nun Llndnz ed m/2-um Bulldlng-Qggl@§oab.gS PERIVIIT RE SO2 2 0026 Agenda Item #1.D.10 Oct 2022Page 20 of 24 REso2 2- 0026REAPSHOWINGBOUNDARYSURVEY0355"” LOT no BLOCK 5 ACCORDING TO THE PLAT or lFI§©‘FAIL,IPA S ILIJNIIHI"QNIE AS RECORDED IN PLAT BOOK 30 .PAGE(S)so AND 50A OF THE C U R R E N T PUBLIC RECORDS OF DUVAL COUNTY.FLORIDA.- can-nvnzu TD:JOHN mumnon FANNING AND KELLY CASSIDY 1-uurumc, nus-r mmnxcm n-rm:INSURANCE comuuw.;_(‘FIRST INTERNATIONAL T!'I'l.'E.INC.AND J -“> unuuu wuo1.|zsAL1~:non-rcnca..,."F/r 4 -2‘2 n ||LOT 21 ,1 u BLOCK 5 =._“’T 5'35-20 2):"E 80.65’(1?)=1 .,..,‘, (’.=1.=ET5.2’S 55-4o'oo'E 50.50’I'M) \,:a'ussumr ran ommacs .9 umm um ~ LOT 10 BLOCK 5 m-usmaa Fa-1 uI:A-Mun:um ma s ACrnvsxsmu T '3,5 —~21.13‘2...E33 5 5.E. [3 ga3.V 2 A 3%. :‘a—x ,"D.°‘ In I '5§?cwp.:2-°’ LO T 5 E I —-5;'-a«..,,g?c .sYoa\*speck «=-.x 5 V:\ ~as «=.a * ~I §!R::c:,.%;..~°-7===i .-2:12 6 ‘K I g‘‘3 3? ¢E I gi :5.a'_ I L-n -V Q:__77- __ . _Q S \ I E _Z5_.BTR._,‘O ,, §5 i «z.sn-R 912.63‘.4 .uo,ue- 'T}- v/2'""2'~‘.’.‘3—'§é"~'§25¥‘”E$’.'é—“A‘5 .';;$'i,¢.’:”"‘ ea’-29 ‘o2"Ir 5 5 (12)L~a~=-a- ' ;~~.-W.._d .. ,(_,.E,:.550,AJIBEII’./A CK LAIVE K60’P/W) .......,‘°.'*.‘..’::.....-"‘-‘.,.,...**:”.:-.'.=;.'*:..:‘..?'..,'-3.‘:‘..':..'=...."*"......*°""......'*.a.°°%...'*'ns..'*.:a‘“..*z':“.'.?'15.-':":Lt..-.¢"..$*:.°'.~...'“*m*.*.°.‘.*."... °.‘.J‘.,-;'.-..*.;'**‘......' 9'"‘M“ \.:V :—».n A oc ATED sunvsvons mc. uun a znmunznlnc sulrvzvs sun auunma aouuamanucxsouwuz.FI_nRIuA 12210 oo44771 -34“ ,................ *"'~°'".......5.%-°°-......--'‘....=.:..'"-'--.....,'“*=M - = '. WW“........................_...... ._?..__ -'~.'.s..-:x:..°"---==..........-.............v......,‘.....‘. . . . . . . . , . . . . ...... 3.-h LB onus-mu I Hzazav CERTIFY nus sunvu-_-r WAS non:UNDER MY mnscr susvzr.-vusuou AND MEETS THE ummuwn 'YEl:I-INICAL srmmnns ran um:smwzvmc wuasunn m cvwrrsa s.:—n.o5o mucus»17.1252,Fumu mm smnm:472.r.s. ‘il’!l‘!!i="E"‘“§§§9§I‘ SCALE:—-as No!’nun wwuout YHE s|<:NA'ruRE AND ma oau:m,u_RAISED sum or A FLORIDA ucznszn sunvzvok AND u» =» =:n Agenda Item #1.D.10 Oct 2022Page 21 of 24 I P WORK cm or ATLANTICBEACH BUILDINGANDZONINGDEPARTMENT(904)2475826 NOTICE This building has been Inspected and. /GeneralConstruction Me;hamca| Concrete and Masonry Electricai Plumbing Gas Pipmg IS NOT ACCEPTED CORRECTAS NOTED BELOW,BEFORE ANV FURTHERWOR WTHW‘‘n 1""‘Kenn,’ V T ‘ »e>»~:M k “M5 ADDRESS:71'Hww -W D0 N01’REMOVE mus NOTICE Inspector:r‘I;.um, _ N Dale:_ Failure to respond to (rm Notice wnmnnodaY5W"''°’”"'"""“"°""°"“Hug lnrwarded lo the CODE ENFORCEMEN1 BOARD The pasting annis Placard by Its mmems sh Agenda Item #1.D.10 Oct 2022Page 22 of 24 Agenda Item #1.D.10 Oct 2022Page 23 of 24 Agenda Item #1.D.10 Oct 2022Page 24 of 24