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FW Objection to ZVAR20-0010 and likely other additional Zoning Violations at 1927 Beach AveEmail---- From: Bill Joy [mailto:wnjoy@mac.com] Sent: Tuesday, July 14, 2020 5:22 PM To: Askew, Amanda Subject: Re: Objection to ZVAR20-0010 and likely other additional Zoning Violations at 1927 Beach Ave I am in Colorado… will this meeting be online? On Jul 14, 2020, at 3:02 PM, Askew, Amanda <aaskew@coab.us <mailto:aaskew@coab.us> > wrote: We have received your email and it will be forwarded to the Community Development Board (CDB). Please note you are also welcome to attend the meeting on 7/21 at 6pm. From: Bill Joy [mailto:wnjoy@mac.com <mailto:wnjoy@mac.com> ] Sent: Tuesday, July 14, 2020 3:05 PM To: Askew, Amanda; Durden, Brenna; Arlington, Daniel Cc: Hayden Joy; John McManus; Steve + Tanya Lee Subject: Objection to ZVAR20-0010 and likely other additional Zoning Violations at 1927 Beach Ave Sent by email only. Please confirm receipt. From: Bill Joy, Owner 1923 Beach Ave <wnjoy@mac.com <mailto:wnjoy@mac.com> > +19709873030 To: Amanda Askew, Director of Planning and Community Development, City of Atlantic Beach, +19742475841 To: Brenna Durden, City Attorney, +19043536410 To: Dan Arlington, Building Official, +1904247581 Cc: John McManus, Property Manager, 1923 Beach Ave, +19049101108 Cc: Hayden Joy, In Residence at 1923 Beach Ave, +19709489322 CC: Steve and Tanya Lee, Owners, 1927 Beach Ave Date: July 14, 2020 Subject: Objection to ZVAR20-0010 and likely other additional Zoning Violations at 1927 Beach Ave, to wit: 1) Raised South Side Yard and other raised grade, latter possibly within building envelope and 2) New higher dune west of building construction east limit and 3) Resulting aesthetic and runoff issues which, individually and severally, should prevent issuing of a variance I write this to protest recent changes my northern neighbor at 1927 Beach Avenue which I cannot believe are allowed by zoning and for which variances should not be allowed as they detract from the neighborhood as well and negatively impact the adjoining properties and may cause severe erosion problems due to runoff because of the altered grade. I have been traveling since these changes were made and am still in Colorado so John McManus, who property manages 1923 Beach Ave., is also authorized to represent me, inform you and discuss these matters, including participating in the scheduled hearing on July 21, 2020 at 6PM of the Community Development Board. I am struggling to understand why the crazy things that are being done at 1927 Beach Ave. are necessary or desirable and cannot imagine they would be allowed, even as a variance. 1. YARD LEVELING AT 1927 SOUTH / 1923 NORTH PROPERTY LINE The first thing I notice is that, in the few months since I left, the contractor for 1927 Beach leveled their lot by putting a concrete block wall along the property line betweeen 1923 Beach and 1927 Beach and changing the south sideyard of their lot to be level to the property line, building a wall along the property line which then extends north across the front of the house. I bring this up because not only because it is egregious but also because it helps to understand the matter more immediately at hand, the buildup of the grade east of the house on their yard. I am not sure if you were aware of this or the extent of it, so here are some pictures— <image001.jpg><image002.jpg><image003.jpg><image004.jpg> This first picture is taken from the oceanside looking toward Beach Ave, with 1923 north side yard on the left and 1927 south side yard on the right. The existing grade here was even between the two lots. Now they have raised their side yard grade substantially. If I assume those blocks are 8” high they have raised the grade of their yard by approximately 8*5=40”=3’’6” (so far). The second and third photo shows how this grade change appears not only in the side yard but also how a perpindicular wall was built to the north, filling and changing the grade both presumably with soil on the western street side of this wall and also with the sand fill to the east, ocean side. The final photo shows both lots from Beach Ave, with 1927 on the left and 1923 on the right. You can see that both lots are level with the street at that location, Before the latest alterations to 1927, they both then sloped gently to the east. I object to the 1927 owners raising their property in this way, changing the existing grade. It is not clear from their existing variance application if they are seeking approval for this change in that variance application as they describe the variance as “install small landscape wall to support additional DEP approved dune sand fill per the attached DEP approved permits.” This presumably refers to the wall on the property line is a north-south extension of the east-west wall in the third photograph above. I object to the north-south wall at the property line and the many runoff issues this can cause. If this east-west wall is considered part of this ZVR20-0010 the I specifically and separately object to that portion of the wall as it is being used to change the grade artificially causing runoff and other issues. I otherwise object to it as part-and-parcel of the structure which alters the grade in their south sideyard. I also object to them, when walking along the south side yard, appearing not say 5-6’ tall and thus below the fence, but almost 4’ taller, i.e. 8’6"”-9’6” tall and thereby looming over the fence between us and staring down uncomfortably on anyone in my north side yard. I also would object to any raising of the boundary fence between our lots which would throw my house into shadow, and feel very uncomfortable walking in the walkway along the north side of my property, in the north side yard between the house and the boundary fence. I also object broadly to the potential runoff issues from a lot which now has no slope and is artificially at a higher grade with me and no longer slope for runoff as mine still does and theirs previously did. This applies to the raising of the south side yard, but also the raising of the part of the yard within the building envelope and just west of the east-west extension of the brick block wall, as there is new higher ground there which will change the runoff toward my yard, and can cause water to collect and flood over the east-west now higher grade on the boundary between our properties, artificially and newly, because of the grade change, dumping this water onto my property, and finally to the raising of the dune east of the new house, which I address further below. I object to any past or present variance for all of this grade change both a) in the sideyard and b) within (or any portion or if totallly outside) the building envelope in front of the house, which is in the not enclosed as indoor space, and which is west of the north-south portion of the wall. I specifically refer, in this objection to Sec 24-66 of the CODE OF ORDINANCES of the City of Atlantic Beach which reads, in part— Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. As I do not believe these changes are required “to meet coastal construction codes” nor are they required “to meet applicable flood zone or stormwater regulations”, this topographic and elevation change should not be allowed. I note that the “pre-construction topographic survey” required by this paragraph would show that the topography/grade has been altered. I note that 24-68 Land clearing and alteration of site grade or topography specifically also says that grade changes are not allowed for the same reasons as in 24-66, and object that the requirements of 24-68 have not been met. I note that 24-82(k) General restrictions upon land, buildings and structures (k) Flood protection reads in part, “Flood protection provisions shall be approved by the designated administrative official to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” As such approval would be needed for this grade change I object if such approval is not in hand. I further object to this change based simply on a variance, as such specific approval, beyond the variance, would be needed, and I see no basis for such an approval. The above objections are without limitation, as there may be other code or other type of variations which I am not yet aware. I specifically note that that Section 110 of the 2017 Florida Building Code, 6th Edition, reads in part that "Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.” The city, in all its broad powers, is therefore not estopped from enforcing these codes, despite any previous inspections, which do not provide approval of a violation. I would like to understand any additional process or separate complaint which might be needed to have the above, specifically issues east of the block wall which runs north-south in front of the house, fully addressed. If this format suits, please consider this email a formal complaint. If I need additional paperwork to form such a complaint, please let me know. 2. BIG PILEUP OF FILL EAST OF THE HOUSE I further object to the alterations made to the land oceanside east of their house, both aesthetically and for the runoff issues which would result. Here is a picture of the sand pile newly in front of their house looking from my front yard. The yard of my house and the neighbor to their north, Steve and Tanya Lee, were all level before this sand pile was added. <image005.jpg> It is my understanding that the Toveys are building a wall to retain this sand pile, part of which exists set back from out property lines to north (Steve) and likely will be built also to the south (my side) of their property. In a large storm the grade alteration here will alter the runoff patterns. With Steve’s and my properties now being artificially below Tovey’s this can cause substantial erosion of our properties. I believe Steve+Tanya have separately provided video documentation of such erosive runoffs. I object to any variance for this sand fill because of the runoff issues it can cause with substantial incremental erosion of our adjoining properties as it dumps additional water toward us, especially in a large storm. As above, I specifically refer to Sec 24-66 of the CODE OF ORDINANCES of the City of Atlantic Beach which reads, in part— Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. As I do not believe these changes are required “to meet coastal construction cpdes” nor are they required “to meet applicable flood zone or stormwater regulations”, this topographic and elevation change should not be allowed. I note that the “pre-construction topographic survey” required by this paragraph would show that the topography/grade has been altered. As above I again note that 24-68 Land clearing and alteration of site grade or topography specifically also says that grade changes are not allowed for the same reasons as in 24-66, and object that the requirements of 24-68 have not been met. As above I again note that 24-82(k) General restrictions upon land, buildings and structures (k) Flood protection reads in part, “Flood protection provisions shall be approved by the designated administrative official to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” As such approval would be needed for this grade change I object if such approval is not in hand. I further object to this change based simply on a variance, as such specific approval, beyond the variance, would still be needed. The above objections are without limitation, as there may be other code or other type of variations which I am not yet aware. As above, I also specifically note that that Section 110 of the 2017 Florida Building Code, 6th Edition, reads in part that "Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.” The city is therefore not estopped from enforcing these codes, despite any previous inspections. I also believe that this “tongue” of dune, with retaining walls north and south is an aesthetic eyesore, not only from our properties but from the beach and out of character with Atlantic Beach and thus should separately not be allowed for that reason. I object to this for the negative impact it has on our neighborhood and because it is out character with Atlantic Beach. Here is another photograph showing the extent of this change and to indicate why the runoff issues which may result because of the substantial grade change could be substantial especially in a large storm—this photo take from my property shows how I am now artificially a drainage for the grade-altered 1927 Beach back yard “sand pile”. <image006.jpg> SUMMARY For the aforementioned reasons and because of the many issues and objections noted, individually and severally, I request that variances for these modifications not be approved and that the violating structures be promptly removed, and that no future works be undertaken without proper permits or in violation of any applicable code or regulation. Sincerely, Bill Joy therefore not estopped from enforcing these codes, despite any previous inspections, which do not provide approval of a violation. I would like to understand any additional process or separate complaint which might be needed to have the above, specifically issues east of the block wall which runs north-south in front of the house, fully addressed. If this format suits, please consider this email a formal complaint. If I need additional paperwork to form such a complaint, please let me know. 2. BIG PILEUP OF FILL EAST OF THE HOUSE I further object to the alterations made to the land oceanside east of their house, both aesthetically and for the runoff issues which would result. Here is a picture of the sand pile newly in front of their house looking from my front yard. The yard of my house and the neighbor to their north, Steve and Tanya Lee, were all level before this sand pile was added. <image005.jpg> It is my understanding that the Toveys are building a wall to retain this sand pile, part of which exists set back from out property lines to north (Steve) and likely will be built also to the south (my side) of their property. In a large storm the grade alteration here will alter the runoff patterns. With Steve’s and my properties now being artificially below Tovey’s this can cause substantial erosion of our properties. I believe Steve+Tanya have separately provided video documentation of such erosive runoffs. I object to any variance for this sand fill because of the runoff issues it can cause with substantial incremental erosion of our adjoining properties as it dumps additional water toward us, especially in a large storm. As above, I specifically refer to Sec 24-66 of the CODE OF ORDINANCES of the City of Atlantic Beach which reads, in part— Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. As I do not believe these changes are required “to meet coastal construction cpdes” nor are they required “to meet applicable flood zone or stormwater regulations”, this topographic and elevation change should not be allowed. I note that the “pre-construction topographic survey” required by this paragraph would show that the topography/grade has been altered. As above I again note that 24-68 Land clearing and alteration of site grade or topography specifically also says that grade changes are not allowed for the same reasons as in 24-66, and object that the requirements of 24-68 have not been met. As above I again note that 24-82(k) General restrictions upon land, buildings and structures (k) Flood protection reads in part, “Flood protection provisions shall be approved by the designated administrative official to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.” As such approval would be needed for this grade change I object if such approval is not in hand. I further object to this change based simply on a variance, as such specific approval, beyond the variance, would still be needed. The above objections are without limitation, as there may be other code or other type of variations which I am not yet aware. As above, I also specifically note that that Section 110 of the 2017 Florida Building Code, 6th Edition, reads in part that "Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.” The city is therefore not estopped from enforcing these codes, despite any previous inspections. I also believe that this “tongue” of dune, with retaining walls north and south is an aesthetic eyesore, not only from our properties but from the beach and out of character with Atlantic Beach and thus should separately not be allowed for that reason. I object to this for the negative impact it has on our neighborhood and because it is out character with Atlantic Beach. Here is another photograph showing the extent of this change and to indicate why the runoff issues which may result because of the substantial grade change could be substantial especially in a large storm—this photo take from my property shows how I am now artificially a drainage for the grade-altered 1927 Beach back yard “sand pile”. <image006.jpg> SUMMARY For the aforementioned reasons and because of the many issues and objections noted, individually and severally, I request that variances for these modifications not be approved and that the violating structures be promptly removed, and that no future works be undertaken without proper permits or in violation of any applicable code or regulation. Sincerely, Bill Joy