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