RE 1927 Beach AvenueSee you then!
From: Steve Diebenow [mailto:SDiebenow@drivermcafee.com]
Sent: Monday, August 10, 2020 2:05 PM
To: Askew, Amanda; Broedell, Brian
Cc: Steve Diebenow; RT Thompson; Scott James; Kirk Tovey
Subject: 1927 Beach Avenue
Amanda,
Good morning and welcome back! Hope you had a great time on your
break.
Thank you so much for agreeing to meet with us at 1927 Beach Avenue on
Tuesday (tomorrow) at 10am.
In advance of our meeting I wanted to follow up on our last
conversation and provide you some additional information.
When we last spoke there were 3 issues of concern regarding the
topography of the:
1) northern boundary line;
2) southeastern corner near the pool; and,
3) backyard.
Before analyzing each issue below please note that the Integrated
Average of the Tovey property is 19.51 NAVD.
NORTHERN BOUNDARY LINE
Based on the first attached slide, the Approved Site Plan from page 3
of the Power Point you showed us last week, the grade of the Tovey
property (north of the BRL) and the property to the north of the Tovey
property (the Steven Lee property) are shown to be essentially “the
same”. When you and Brian see the northern property line of the Tovey
Property in person tomorrow I believe you will agree that the existing
condition today matches the Approved Site Plan.
SOUTHEASTERN CORNER NEAR THE POOL
Based on the second attached slide, the Revised & Approved Sheet A7
from page 5 the Power Point you showed us last week, I believe the point
you and Brian made was that the grade was shown as “the same” on either
side of the retaining wall. Admittedly the grade is shown to be “the
same” on either side of this drawing produced by the Structural
Engineer. Clearly this was a mistake because a significant grade change
between the Tovey residence and the property to the south was permitted
by both the City of Atlantic Beach and FDEP. However, in accordance
with the Code, the top of the retaining wall is only about 3’ above the
grade of property to the south of the Tovey residence. In addition, on
the first attached slide of the Approved Site Plan from page 3 of the
Power Point you showed us last week, the approved elevation of the
“Pavered Deck” on the Tovey property is shown to be 21.28’ and 21.28’
just south of the “Pavered Deck” along the entire southern property
line, including the southeastern corner near the pool. Furthermore, the
21.28’ exterior elevation is labeled throughout the approved permitted
set of plans for the Tovey residence. See the attached snippets from
the page A10 of the approved permit plans for the covered patio, the
pool and the entry. In addition, a 6” step down from the approved
Finished Floor Elevation (FFE) of the Tovey residence at 21.78’ is also
shown throughout the approved permit plans for the Tovey residence. See
the attached snippets from page A7 of the approved permit plans for the
entry, patio and the breezeway. We will have full sized copies
available for your review on site tomorrow. Despite the mistake on the
Structural Engineer’s drawing, the approved permit plans leave no doubt
that the approved exterior elevation of the southeastern corner of the
property near the pool is built as permitted at 21.28’.
BACKYARD
The final issue we discussed was the topography of the backyard. The
topography approved by the City of Atlantic Beach is shown on the
Approved Site Plan from page 3 of the Power Point you showed us last
week. The topography approved by FDEP is shown on the attached slide
called “Tovey-eastward-SITE-plan”. Recall that the purpose of the FDEP
review was to permit: 1) two (2) twenty-five foot (25’) landscaping
walls; and, 2) the fill to facilitate the stormwater system under the
backyard and orderly stormwater runoff. The final slide attached to this
email is an overlay illustrating the differences between the approved
topography by Atlantic Beach and the approved topography by FDEP. The
Atlantic Beach lines are colored BLACK and the FDEP lines are colored
BLUE. On average it appears that the approved FDEP topography is about
one foot (1’) above the approved Atlantic Beach topography. When you
visit the Tovey property tomorrow you will observe that the backyard
remains at or below the topography approved by Atlantic Beach.
CONCLUSION
I believe that after our visit tomorrow, you will concur that the
Northern Boundary Line is in compliance with the permits approved by the
City of Atlantic Beach.
Despite the mistake on the Structural Engineer’s drawing, I believe
that after our visit tomorrow you will concur that the Southeastern
Corner of the property was built in compliance with the permits approved
by the City of Atlantic Beach.
Finally, while we have yet to resolve whether the FDEP permit for the
backyard complies with the City of Atlantic Beach’s Code, I am hopeful
that we can at least agree on the difference between the two permits
that is illustrated on the last slide attached to this email.
We look forward to seeing you tomorrow. If you have any questions in
advance of our meeting, do not hesitate to call me on my cell phone.
Regards,
Steven Diebenow
Driver, McAfee, Hawthorne & Diebenow PLLC
One Independent Drive, Suite 1200
Jacksonville, Florida 32202
Direct: (904) 807-8211
Fax: (904) 301-1279
Cell: (904) 982-4425
E-Mail: sd@drivermcafee.com <mailto:sd@drivermcafee.com>
This e-mail is intended solely for the use of the individual to whom it
is addressed and may contain information that is privileged,
confidential or otherwise exempt from disclosure under applicable law.
If the reader of this e-mail is not the intended recipient, or the
employee or agent responsible for delivering the message to the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of this e-mail is strictly prohibited. If you have received
this e-mail in error, please notify us immediately by telephone and
return the original e-mail to us at the listed e-mail address. Thank
you.
萌뉿嗢홻꺝뎸곛撟し䡰룡쒴꩑ꪪࠨꀰ鼎灊U