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CE 1110 Scheidel Ct Case #22-096 Irizarry,Angela From: Askew, Amanda Sent: Wednesday, October 5, 2022 5:21 PM To: mskaff904@gmail.com Cc: Irizarry,Angela Subject: 1110 Scheidel St. Attachments: 1110 Scheidel Ct 2015 fence.pdf Good afternoon Mr. Skaff, As I mentioned on our phone call, I'm following up with you via email because we covered a lot of material. History recap: • The city received an inadvertent inquiry about the improvements (fence, pavers and porch) made to 1110 Scheidel Ct. • We have no building permit records for these improvements and a stop work order was issued for this property. There are several steps and/or ways to come into compliance with the stop work order: • Submit a building permit application for all unpermitted work (based on what was relayed and what can be seen on the property appraisers website, there could be some issues approving permit. However, without a copy of your survey and a site plan this cannot be verified. • If the building permit is denied because of zoning issues (lot coverage, fence height, setbacks, drainage, etc.) then the variance route is an available option. As I mentioned, variances can only be approved by the community development board if they find one of the six factors are meet as listed in section 24-65 (d). This is a link to those conditions: https://library.municode.com/fl/atlantic beach/codes/code of ordinances?nodeld=PTIICOOR CH24L ADEREARTIIIZORE DIV3APPR S24-6 • The application for a variance can be found at: https://fl- atlanticbeach3.civicplus.com/DocumentCenteJView/9752/Variance-Application?bidld=. The next steps after the variance process depends on the outcome of your request. • Prior to submission of a buildng permit, if you determine you will not get approval of your building permit for zoning reasons you can skip the buidling permit process and go straight to the varinace process. OR • Remove all unpermit improvements. I have copied Angela Irizarry, our code enforcment officer, on this email to keep her in the loop. As discussed, as long as you are working with the city to come to a resolution we will not schdule a hearing before the special magistrate. I encourage you to continue to communicate with us as we go through this procress. Attached is an older copy of the survey we have on-file for this property. As a starting point, I recommend you measureing and drawing in unpermit improvement to determine if a variance is necessary. This property is zoned Residential General Multi-family (RG-M). As outlined by section 24-108 the following are the setbacks and lot coverage: (e) Minimum yard requirements. The minimum yard requirements in the RG-M zoning are: (1) Front yard:Twenty (20) feet. (2) Rear yard: Twenty (20) feet. (3) Side yard: a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet on either side. b. Two-family (duplex) dwellings and townhouse: Seven and one-half(7.5) each side. c. Multi-family dwellings: Fifteen (15) feet each side. (f) Building restrictions. The building restrictions for the RG-M zoning district shall be as follows: (1) Maximum impervious surface: Forty-five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre- existing impervious surface percentage, provided the requirements of section 24-68 are met. (2) Maximum building height: Thirty-five (35) feet. SOOtEtDEL e4„ ala , 4 1104 SOiEIDEI „ "s .' 1 04 SktlEl ` • Other sections of the zoning code that might be applicable to these improvement include fence regulations (24-157 and the required on-site stormwater requirements (24-68). All of our codes can be found at https1/library_.munic_ode.comJfl/aslant c_beach/codes/code of ordinances Please free to contact myself or Ms. Irizarry if you have an questions. Amanda L. Askew, AICP 2 Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 3 Irizarry,Angela From: Irizarry,Angela Sent: Friday,January 6, 2023 2:32 PM To: Mitchel Skaff Subject: RE: 1110 Scheidel St. Good afternoon, I am just writing to check up on the status of survey and application for the fence and rear yard structure. Can you let me know if the survey is complete and if you are ready to submit? From: Mitchel Skaff[mailto:mskaff904@gmail.com] Sent: Friday,October 21,2022 9:26 AM To:Askew,Amanda <aaskew@coab.us> Cc: Irizarry,Angela<alrizarry@coab.us> Subject: Re: 1110 Scheidel St. Hi there, I have reached out to Boatwright Land Surveyors and am waiting on them to let me know which day they will be coming out to do the updated survey. They said it could take up to 3-4 weeks for it to be completed once the updated survey is done. I will keep you posted! Thank you, Mitchel Skaff On Fri, Oct 7, 2022 at 11:42 AM Mitchel Skaff<mskaff904@gmail.com>wrote: Thank you for the detailed email outlining my options. I want to be very proactive in resolving this issue and having this up to code and permitted. As you can imagine, deciding on what route to go is a bit overwhelming. I'd like to have someone come out to my condo that can tell me exactly what needs to be modified in order for it to be permitted because I'm unsure of each code and what exactly needs to be modified regarding the Pergola to correct the issues. Can you recommend someone from the city to come out that can tell me what changes need to be made or would I call a general home inspector or even a general contractor? Who is it that I need to reach out to that can tell me exactly what needs to be done to resolve this. I would appreciate any further help in getting this resolved. Kindly Mitchel Skaff 904-885-5700 On Wed, Oct 5, 2022 at 5:21 PM Askew, Amanda <aaskew@coab.us>wrote: Good afternoon Mr. Skaff, 1 ‘..el 'r' 3r...) Ir.', } CITY OF ATLANTIC BEACH � \ 800 SEMINOLE ROAD f.,In ATLANTIC BEACH, FL 32233 J PHONE (904) 247-5800 3/14/2023 SKAFF MITCHEL 1110 SCHEIDEL CT ATLANTIC BEACH, FL 32233-3515 Real Estate Number: 178958 0818 Case Number: 22-096 Location of Violation: 1110 SCHEIDEL CT 4, 38-2S-29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18 INT COMMON ELEMENTS O/R 12848-787 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A review of the records related to 1110 SCHEIDEL CT 4 was conducted on 3/13/2023. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: A stop work order was posted on the property or construction of a covered patio structure in the rear of the home and an 8 feet fence without a permit. To date,we have not received a building application for the fence or structure.Fences in excess of 6 feet require an approved variance from the Community Development Board. APPLICABLE CODES: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,remove, convert or replace any required impact resistant coverings, electrical,gas, mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Sec. 24-157. Fences,walls and similar structures. (a)Permit required. Issuance of a permit is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed out of materials that are customarily used for fences. Sec. 24-157. -Fences,walls and similar structures. (b)Height and location. (1)Within required front yards,the maximum height of any fence shall be four(4)feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples,with vertical rails no more than two(2)inches in width and spacing of at least four(4)inches may be constructed to a maximum height of five(5)feet except in cases as described in following subsection(2).Within required side or rear yards,the maximum height of any fence shall be six(6) feet. This letter requests that the noted violation(s) be corrected by submitting a permit application for the structure and fence within ten (10) days of the receipt of this notice. The 8 foot fence cannot be approved as Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. I, An6ecct,-- --c‘Ar(1 , hereby swear and affirm that the above statement is true and accurate. iiiily, ini4S(24"‘ 75-25________„, Angela Iriza CODE ENFORCEMENT Irizarry,Angela From: Irizarry,Angela on behalf of Code Enforcement Officer Sent: Tuesday, March 28, 2023 4:54 PM To: Genest, Abrielle Subject: FW: 1110 SCHEIDEL CT Attachments: 2022-1490 SS.pdf From:Skaff,Sandra [mailto:sskaff@bayada.com] Sent:Tuesday, March 28,2023 4:44 PM To:Code Enforcement Officer<code@coab.us> Subject: Fwd: 1110 SCHEIDEL CT Get Outlook for iOS From: Sandy Skaff<skaff4@aol.com> Sent: Monday, March 27, 2023 2:57 PM To: Skaff, Sandra <sskaff@bayada.com> Subject: Fwd: 1110 SCHEIDEL CT CAUTION:This email originated from outside of BAYADA.Beware of links and attachments. Sent from my iPhone Begin forwarded message: From: Kat Peet <kpeet@boatwrightland.com> Date: November 14, 2022 at 10:17:28 AM EST To: skaff4@aol.com Cc: mskaff904@gmail.com Subject: 1110 SCHEIDEL CT Admin Boa tnvright Durden Land Surveyors 1500 Roberts Drive Jacksonville Beach, FL 32250 Phone: 904-241-8550 Fax: 904-241-3346 1 • CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD 'I ' ATLANTIC BEACH, FL 32233 PHONE (904)247-5800 RI�r 5/5/2023 SKAFF MITCHEL 1110 SCHEIDEL CT ATLANTIC BEACH, FL 32233-3515 Real Estate Number: 178958 0818 Case Number: 22-096 Location of Violation: 1110 SCHEIDEL CT 4, 38-2S-29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18 NT COMMON ELEMENTS O/R 12848-787 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A review of the records related to 1110 SCHEIDEL CT 4 was conducted on 3/13/2023. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: A stop work order was posted on the property or construction of a covered patio structure in the rear of the home and an 8 feet fence without a permit. To date, we have not received a building application for the fence or structure. During our last conversation on March 29,2023 you indicated your intent to apply for a variance for the covered patio. To date,we have not received any applications from you. APPLICABLE CODES: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,remove,demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,remove, convert or replace any required impact resistant coverings, electrical, gas,mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Sec. 24-157. Fences,walls and similar structures. (a)Permit required. Issuance of a permit is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply with the following provisions.Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed out of materials that are customarily used for fences. Sec. 24-157. -Fences,walls and similar structures. (b)Height and location. (1)Within required front yards,the maximum height of any fence shall be four(4)feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples,with vertical rails no more than two(2)inches in width and spacing of at least four(4)inches may be constructed to a maximum height of five(5)feet except in cases as described in following subsection(2). Within required side or rear yards,the maximum height of any fence shall be six(6) feet. This letter requests that the noted violation(s) be corrected by submitting a permit application for the structure and fence within ten(10) days of the receipt of this notice or removing the unpermitted work. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. I, l71;l it , hereby swear and affirm that the above statement is true and accurate. S' Angela Iriz. el C)Alk?5--- CODE ENFORCEMENT Irizarry,Angela From: Mitchel Skaff <mskaff904@gmail.com> Sent: Thursday, May 11, 2023 11:09 AM To: Irizarry,Angela Cc: Mom Subject: Case 22-096 Update for 1110 Scheidel Ct Attachments: Variance app start.pdf Hi there Angela, I received your letter this morning notifying us again of the Code Enforcement violation. Wanted to provide a quick update that we have been working with Abrielle and Derek in order to properly fill out our Variance Application. We have the attached Variance Application started but again, there are a few areas we were not sure how to fill out and/or needed further details so that we could clearly state our case (our lot size vs standard, impervious surface calculations, etc). Abrielle and Derek have been extremely helpful here. I believe we are supposed to meet with Abrielle today, actually. The other caveat here is I am actually leaving for my honeymoon in Europe early next week,returning June 5th. Last we spoke to Abrielle, she said we should submit our Variance Application after May 29th so that we could either join the Board Hearing on June 20th or even July 18th if that was easiest. Hope this provides some clarity here, and I apologize for the delayed response. Will try to keep you more up to date on our progress! Kind regards, Mitch 0 1 !-,L1 n VARIANCE APPLICATION FOR INTERNAL OFFICE USE ONLY ' -.i ?‘ City of Atlantic Beach PERMIT# oei sl Community Development Department n r 800 Seminole Road Atlantic Beach, FL 32233 /01119‘1" (P) 904-247-5800 APPLICANT INFORMATION NAME Mitchel and Connor Skaff EMAIL mskaff904@gmail.com ADDRESS 1110 Scheidel Court CITY Atlantic Beach STATE FL ZIP CODE 32233 PROPERTY LOCATION PHONE# 904-885-5700 CELL# 904-874-9488 RE# BLOCK# LOT# LOT/PARCEL SIZE ZONING CODE UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION PROVISION FROM WHICH VARIANCE IS REQUESTED Pergola Homeowner's Association or Architectural Review Committee approval required for the proposed construction ❑ YES ❑ NO (if yes,this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations,a copy of which is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1.Proof of ownership:deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2.If the applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all purposes related to this application. 3.Survey and legal description of property for which Variance is sought. 4.Required number of copies:One(1)digital copy-additional paper copy is optional. 5.Application fee of$300.00. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT:Signature of Property Owner(s)or Authorized Agent Mitchel Skaff SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE Connor Skaff SIGNATURE OF APPLICANT(2) PRINT OR TYPE NAME DATE Signed and sworn before me on this day ofby State of County of Identification verified: Oath Sworn: ❑ Yes ❑ No Notary Signature 19 VARIANCE APPLICATION 08.25.2020 My Commission expires The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance:A Variance may be granted at the discretion of the Community Development Board,for the following reasons. 0 1. Exceptional topographic conditions of or near the property. ❑ 2. Surrounding conditions or circumstances impacting the property disparately from nearby properties. E 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. O 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. O 5. Irregular shape of the property warranting special consideration. Ix 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. Abnormally small lot per code enforcement.House sits on a hill, a. Approval of a Variance. To approve an application for a Variance,the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be in harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands,Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re-submittal. If an application for a Variance is denied by the Community Development Board,no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e. Time period to implement Variance. Unless otherwise stipulated by the Community Development Board,the work to be performed pursuant to a Variance shall begin within six(6)months from the date of approval of the Variance. The Community Development Director,upon finding of good cause,may authorize a one time extension not to exceed an additional six(6) months,beyond which time the Variance shall become null and void. f. A Variance,which involves the Development of Land,shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 08.25.2020 ADDITIONAL COMMENTS: My wife and I purchased this condo a year ago(it was previously a Habitat for Humanity property).We were so excited to live in Atlantic Beach.We both graduated from college,saved our money and couldn't wait to buy our first home together.All we wanted was to find a place we could afford at the beach. The pergola was the selling point for us as it was well-made and just beautiful,as you can see from the pictures,it's not any old pergola!We spend most of our time in that space entertaining friends and family! Unfortunately,it was not disclosed to us by the previous owner that it was not permitted before it was built. Since becoming aware of the issue,we have obtained a new Land Survey,spoken with Angela and Abrielle of code enforcement multiple times to get advice on next steps.We have also reached out to Public Works,as instructed.It has been suggested to us that we come before the board to plead our case and to ask for a variance,whereas we are able to keep our pergola with some adjustments. Regarding the pavers,we have been told that even if we removed all the pavers except for the driveway,we would still be at 47%impervious, which is still 2%over the code. We are requesting a hardship be considered regarding the size of our lot,we would like it to be known that our lot size,in comparison to other lots, told to us by code enforcement,is significantly smaller,allowing much less opportunity for design. Regarding the value of our condo,it would dramatically drop without the pergola,we would be paying a significant amount of our mortgage without the full value.It would be devalued tremendously along with the value of this neighborhood.We would likely be forced to sell our home and it would be catastrophic to us from a financial standpoint,as well as,personally. We are assurred this pergola adds value to this particular area of Atlantic Beach and certainly to our street. In closing,we cannot overstate how catastrophic losing the pergola would be for us personally and financially.We would be forced to strongly consider moving out of Atlantic Beach,which we have grown to love over the past year.We have built our lifestyle with out condo and Atlantic Beach itself. We certainly could not afford anywhere else in Atlantic Beach. So,we humbly ask that you please,please allow us to keep the pergola with whatever modifications you deem necessary.We cannot express how grateful and relieved we would be to be allowed to keep our pergola. Thank you for your time and consideration in this stressful matter. Mitchel and Connor Skaff 19 VARIANCE APPLICATION 08.25.2020 Irizarry,Angela From: Genest, Abrielle Sent: Friday, May 19, 2023 2:40 PM To: Irizarry,Angela Subject: FW: Variance application, etc for Skaff- 1110 Scheidel Ct. Attachments: Variance application.pdf; Land Survey Skaff.pdf;Warranty Deed- Mitchel and Connor Skaff.pdf FYI... From:Skaff,Sandra [mailto:sskaff@bayada.com] Sent: Friday, May 19, 2023 2:30 PM To: Genest,Abrielle <agenest@coab.us>; mskaff904@gmail.com Cc: Skaff, Sandra <sskaff@bayada.com> Subject:Variance application, etc for Skaff- 1110 Scheidel Ct. Hi Abrielle- Attached are the Variance Application, Land Survey, and Warranty Deed needed for the variance hearing. And below is the link to the pictures of the Pergola. (Please let us know if you are not able to view the pictures). https://drive.google.com/drive/folders/1YIgNJRtC3DsxHgrNkZx6a8F-Vx7EnCxh?usp=share link Can you please confirm that you received this email and let us know if anything else is needed to schedule the hearing? Thank you! Mitchel Skaff and Connor Millsaps Spread the word and earn a by referring a friend. Ctif� f Y BAYADA WE LOVE WHAT WE DO nom B CONFIDENTIALITY NOTICE:This email may contain information belonging to BAYADA and is protected by law.Do not forward,copy,or otherwise disclose to anyone unless permitted by BAYADA or required by law.If you are not the intended recipient,please notify the sender immediately. 1 z>3!mtre2d{s=6'n+oE,d.=q==Ax===o,B0(,vmIAt,oatt7c.o.!P.noc!vo!m=t1o:Jozo,:to.CL.DnocfT'-ozm:llloo566vti(,oonm:llra,o5I@5IrOA6@=,m:llo\o(,r@5@€@5x*t;5*!c=5o{It7)m!4NmNo5!,uro*Nozz6rnoc'm7t6)I3c=J!Fo6m7.@mo3!vm..t-mzm!5zcdvmzIcm0m!46rzoz-tI!vo;<!!ozttDo3€Td-7)znmt/!utnocmattm0Ittoqo,r=3E'ab3.occ=Lor'o(o3{otooot2o5I!oo9.o385'A<PF;: Fr=. 1iFi5€,--ZHgFg N"gF3;}EHF919.6*H >PE !O, r+63\JPd zrrf(,lvN(,(,\,m-)=ird=;lD=o'lr'tia)tircl,rrllo:l=lalrl9relsHt6ar l=l-ldlrloN13T'Irrlolc, ImlslNI?4, IlrlIm=Pn{=o,2(I,oo,a.!7CLo52f1o6't.D,Do-oEJ(n€o4.Dtrctc>-r)\osb=?rrib!tF:Jo=sF\,!^boo,flav(JItIC.Cvf.€3lrg9a3Ln3tcr.t, O,geooxE.6f,E3eESp€s-EFE€9=SgEFFE*-- s'EalcL (^ vrE F*FEAPo*Eii 5F3i tr;Fgi n;EE i trgFFF 6:E i; 3iRfa ?sE$ FFa8 E'8-_< J 33i F3.=L o-=oiJ a ll6a<.Dilq 3eo-I oi65 e aFf; gF!.n e g='Y o o39 e$Hi 3gF3 3Fg$ BPo dfiJE-E6FNE-orD:'br=i"eg€;E3a3BEHg3-==s xFt Sg *s [ * i isagg?FlF5q e i E3€ 3Eilrt+E g.3 iH€l F* [l+3 ii $!fld gI s ilxf *qSP€E 1$E=; rE 1gg 3B sEi a? $=0g Fis I $9do si3;o< s€a -t1il=x =^=z s-dps.o{t'D6=o'I-tnumEnm,=.ll-l:E-lFF2.nou3{6z!,oImIvlrlo7,mar{arct5o,c6o.o6Eab;to{).Do$,tr\\N==!9.(ro,8Efz={qct=1.EnUz3m-\ts\N!4,z-{ovI!mz3mtA(6\ Jag. 8.)o5./ cLn6r€fo3G) cr.D/a'.- d./' =^Js'3La J.iF<.<1g*nlP(lht,, Hl"g0mt,oooogo/L.FTo)I'ZVAR23-0016 ? 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On June 20, 2023 a public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board (CDB). Having considered the application, supporting and documents comments from the members of the public, the Community Development Board DENIED the approval of the variance. The Community Development Board made a motion to deny the variance, the motion to deny passed with a vote of 6-0. The CDB found that the request did not meet any grounds from Section 24-65(c) of the Land Development Regulations establishing grounds for approval of a variance. Per Section 24-65(g), no further action on another application for substantially the same request (same location) on the same property shall be accepted for three hundred sixty-five (365) days from the date of the denial. Appeals of a decision of the Community Development Board may be made to the City Commission by any adversely affected person(s). Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of this Order. The appellant shall present to the City Clerk a petition duly verified, setting forth that the decision being appealed is in conflict with or in violation of Chapter 24, Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach, in whole or in part, and specifying the grounds of the conflict or violation. The petition shall be presented to the City Commission within thirty (30) days after the filing of the appeal with the City Clerk. The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as appears in the record of the Community Development Board minutes. DATED THIS 21ST DAY OF JUNE 2023. Amanda L. Askew Planning and Community Development Director Irizarry,Angela From: Askew, Amanda Sent: Tuesday, July 11, 2023 11:03 AM To: Genest, Abrielle; Broedell, Brian; Irizarry,Angela Subject: 1110 Scheidel Court Just a heads up that 1110 Scheidel Ct. is going to file an appeal of the CDB decision. The due date for the appeal is 7/21. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 1 APP23-0002 Irizarry,Angela From: Askew, Amanda Sent: Monday, November 6, 2023 11:24 AM To: Mitchel Skaff; Connor Millsaps Cc: Irizarry,Angela Subject: 1110 Scheidel Court - Order of Denial Attachments: 1110 Scheidel Court APP23-0002 Order of Denial.pdf Good morning, Attached you will find the official record from your appeal hearing. It is an order affirming the denial of the variance by the Community Development Board by Commission. We'll also mail you a hard copy. Our process, is to send the order of denial to the applicant. We will wait 30 days before we move forward with code enforcement. This 30 day timeframe is to allow you the opportunity to appeal the decision by Commission to circuit court. If we haven't received notice that you are filing with circuit court, then we'll move forward with code enforcement process. However, you are welcome to contact me prior to the 30 day period if you are not appealing to circuit court and we can help you with the correction process. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning, Community Development& Building 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 1 BEFORE THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH IN RE: Appeal of Denial of Variance Application ZVAR23-0016 Mitchel Skaff and Connor Millsaps 1110 Scheidel Court ORDER AFFIRMING THE DENIAL OF VARIANCE ZVAR23-0016 BY THE COMMUNITY DEVELOPMENT BOARD This matter came to be heard upon the appeal of the decision of the Community Development Board, dated June 20, 2023, to deny variance application ZVAR23-0016 for an unpermitted covered porch and pavers at 1110 Scheidel Court(the"Subject Parcel"),timely filed pursuant to Section 24-49 of the City of Atlantic Beach's Land Development Regulations by the applicants,Mitchel Skaff and Connor Millsaps("Applicants")on behalf of themselves,dated July 17,2023. Having duly considered the record documents transmitted to this Commission, as well as both testimonial and documentary evidence presented at the appeal hearing on October 30, 2023, the City Commission of the City of Atlantic Beach hereby, FINDS AND DETERMINES: A. That the Applicant requested a variance to reduce the rear yard setback from the required 20 feet to 3.8 feet,reduce the southern side yard from the required 7 feet to 5 feet,reduce the northern side yard setback from the required 7 feet to 5.5 feet,increase the maximum lot coverage to 75.6% and to waive the requirement for on-site stormwater; and B. That the requested variance at the Subject Parcel at 1110 Scheidel Court does not meet any of the criteria in Section 24-65(c);and C. That an error was not made in the Community Development Board's decision to deny variance application, ZVAR23-0016. NOW, THEREFORE, based upon the foregoing, it is ORDERED by the City Commission: 1. The appeal of the Community Development Board's Order denying variance VAR23- 0016, taken by the Applicant, is hereby DENIED. 2. The denial of variance application ZVAR23-0016 is hereby AFFIRMED. Denied by the City Commission on October 30, 2023. Executed this 44-h day of November 2023. CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA C4ARTI4S F Mayor FILED WITH THE CITY CLERK this 6+41 day of November 2023. 4E2,1441-14., k i 4 DONNA L. BARTLE City Clerk Approved as to form and correctness: JAC:1-1S City Attorney 2 4 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE(904) 247-5800 CERTIFIED RETURN RECEIPT 7013 1710 0002 1691 0582 1/10/2024 SKAFF MITCHEL SENT VIA CERTIFIED 1110 SCHEIDEL CT AND REGULAR USPS MAIL ATLANTIC BEACH,FL 32233-3515 Real Estate Number: 178958 0818 Case Number:22-096 Location of Violation: 1110 SCHEIDEL CT 4, 38-2S-29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18 INT COMMON ELEMENTS O/R 12848-787 Atlantic Beach,Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for propertywithin the City. These standards are set forth h' in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16. A review of the records related to 1110 SCHEIDEL CT 4 was conducted on 1/10/2024. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATIONS: 1. Unpermitted fence a. Unpermitted fence—rear yard. Fencing has been installed in the back yard. This fence exceeds 6 feet in height. The maximum height permitted by code in the rear and side yards is 6 feet. b. Unpermitted fence—front yard. Unpermitted 6 ft fence installed in the front yard. The maximum height of fencing in the required front yard is 4ft. Applicable code: Sec. 24-157.Fences, walls and similar structures. (a)Permit required. Issuance of a permit is required for any new or replacement fence or wall and all new or replacement fences and walls shall comply with the following provisions.Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17.Fences must be constructed out of materials that are customarily used for fences. (b)Height and location. (1)Within required front yards,the maximum height of any fence shall be four(4)feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples,with vertical rails no more than two(2)inches in width and spacing of at least four(4)inches may be constructed to a maximum height of five(5)feet except in cases as described in following subsection(2). Within required side or rear yards,the maximum height of any fence shall be six(6)feet. 2. Unpermitted rear porch—A covered porch structure was added to the rear of the home without a permit. In accordance with the Florida Building Code, all new structures require a valid building permit prior to construction. Applicable code: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter,repair,remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. 3. Unpermitted rear porch—Setback Encroachment—The unpermitted structure encroaches into the rear and side setbacks. a. Setbacks i. Rear Setback—According to the survey, the unpermitted porch is only 3.8 feet off the rear property line ii. Side Yard Setback(south)—According to the survey,the unpermitted porch is only 5 feet from the south side property line iii. Side Yard Setback(north)—According to the survey,the unpermitted porch is only 5.5 feet from the north side property line. A variance application was considered by the Community Development Board for the setback encroachment on 6/20/2023 and was denied. The denial was upheld by the City of Atlantic Beach Commission on 10/20/2023. Applicable code: Sec. 24-108. -Residential, multi-family district(RG-M). (e)Minimum yard requirements. The minimum yard requirements in the RG-M zoning are: (1)Front yard: Twenty(20)feet.(2)Rear yard: Twenty(20)feet. (3) Side yard: b. Two-family(duplex)dwellings and townhouse: Seven and one-half(7.5)each side. 4. Lot Coverage—Lot coverage was increased from the previously approved 51%in 2006 to 75.6%due to the addition of the covered porch and the installation of pavers in the side and rear yard. A variance application was considered by the Community Development Board for the impervious surface area on 6/20/2023 and was denied. The denial was upheld by the City of Atlantic Beach Commission on 10/20/2023. Applicable code: Sec. 24-108. -Residential, multi-family district(RG-M). (f)Building restrictions. The building restrictions for the RG-M zoning district shall be as follows:(1)Maximum impervious surface: Forty-five(45)percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. 5. Storm Water Retention—In accordance with code, any addition of more than 250sq feet of impervious surface requires the installation of storm water retention on the property. Over 250sq feet of impervious surfaces was added to the property in pavers and the porch. A variance application was considered by the Community Development Board for the storm water retention on 6/20/2023 and was denied. The denial was upheld by the City of Atlantic Beach Commission on 10/20/2023. Applicable code: Sec. 24-68. - Stormwater, drainage, storage and treatment requirements. (b)Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (2)Projects which do not exceed the fifty(50)percent threshold described in subsection(1)above, but increase the impervious surface on the development parcel by more than two hundred fifty(250)square fee shall provide onsite storage of stormwater for the increase in the impervious surface area only. ACTION TO CORRECT: This letter requests that the noted violation(s) be corrected within 30 days of receipt of this letter by removing the rear porch, removing all unpermitted pavers and either obtaining a permit for the rear and front fences and reducing their height in accordance with code,or by removing the wood fencing in the front and rear yard. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 5855 or airizarry@coab.us if you have any questions or need additional information. P092,\01"-Zilt-wri -i , hereby swear and affirm that the above statement is true and accurate. Si ' I Angela Irizarry 41111 CODE ENFORCEMENT I i cart,, -A , - rn ✓ ,...i I...4 it '''' C. C.) 1 c/) n erl > iit' 13 S:Ti 0 I:, 0.-1 z il.-• n ,.. 4 171 r..5, r.) cm 0 Z 3 0 CTI rri = 0 = 4, 17.- - - '11 m 0 -0 -4 1-4 0 0 -• • , )o :...• 33 0 O t...) a A IN ia) 0 CO )0 IN Pa a) n.) 0 ::/14 CO = h.) k) ..-• 03 A .r. ..) rsia) g 04ri 0 -,J A,. 4 (73 .--- VW 's E..1 IIIIIIIIIIIIIIIIII L01-.• 1 w ... ..... ns -..1 H • =1.....••• h--, 1=1 —............ - CI 04 ,Lar o n H a .. x w —; 1-1 —.4 =IX ill E-I -- - Er 1,46........pq - C 71 0 M 2 111 4,4 =-..t.. cor. N. XI -1 14 ,.------ 0:1 Lu 1.,j nj ... –..K.„--r- r z A, I = _>_, ,, ,i..9tc,, r:, i • ..., ...A6 0 .... ...... & i.., -ew * C, V. '''" 4U X V S.C,-)• C) - co fil •,-%.0\ 7: 4:03-tm ° z D N2 rn o0a-• _ --, c -- t A 0 ... 0.),,::.-: CD . ,,•(.)"...I, 71cil a ........,:n nr,1)....., Fp, n.)'-' CO0 n -w ,.1,..) r- , .S. \ .Q. • —CQ a) > gt 6„,,,, 0 CP---Z)CO (/) , 00 I0 M = I-I 1,0 F N •-------,'"•,,' .t% US POSTAGE 3/19/2024 CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA SKAFF MITCHEL ET AL MILLSAPS CONNOR R/S 1110 SCHEIDEL CT ATLANTIC BEACH, FL 32233-3515 Dear Respondent: NOTICE OF HEARING Case Number: 22-096 Certified Mail Return Receipt: 7013 1710 0002 1691 8717 Property Address: 1110 SCHEIDEL CT ATLANTIC BEACH, FL 32233 You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on May 2, 2024 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 1110 SCHEIDEL CT 4, 38 -2S -29E SCHEIDEL COURT CONDOMINIUM UNIT 4 1/18 INT COMMON ELEMENTS O/R 12848-787 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida ,Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code / City Code of Ordinances Sec. 24-157. - Fences, walls and similar structures. (a) Permit required. Issuance of a permit is required for any new or replacement fence or wall, and all new or replacement fences and walls shall comply with the following provisions. Nonconforming fences shall not be replaced with nonconforming fences. The term fence and wall may be used interchangeably within this chapter, and shall mean as specifically defined within section 24-17. Fences must be constructed out of materials that are customarily used for fences. (b) Height and location. (1) Within required front yards, the maximum height of any fence shall be four (4) feet, except that open ornamental aluminum, iron or vinyl or wood fences, similar to the below examples, with vertical rails no more than two (2) inches in width and spacing of at least four (4) inches may be constructed to a maximum height of five (5) feet except in cases as described in following subsection (2). Within required side or rear yards, the maximum height of any fence shall be six (6) feet. • Rear fence height— rear yard. Fencing has been installed in the back yard without a permit. This fence exceeds 6 feet in height. No permit was issued for a fence height exceeding 6 feet and no variance was ever granted to exceed 6 feet in height. The maximum fence height permitted by code in the rear and side yards is 6 feet. • Unpermitted fence — front yard. 6 foot wood fence has been installed in the front yard without a permit. The maximum height of fencing in the required front yard is 4 ft. No variance was granted to exceed 4ft in height. Page 1 of 3 FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. • Unpermitted rear porch — A covered porch structure was added to the rear of the home without a permit. In accordance with the Florida Building Code, all new structures require a valid building permit prior to construction. Sec. 24-108. - Residential, multi -family district (RG -M). (e) Minimum yard requirements. The minimum yard requirements in the RG -M zoning are: (1) Front yard: Twenty (20) feet. (2) Rear yard: Twenty (20) feet. b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side. • Unpermitted rear porch — setback encroachment — The unpermitted structure encroaches into the rear and side setbacks. a. Rear Setback — According to the survey, the unpermitted porch is only 3.8 feet off the rear property line. b. Side Yard Setback — According to the survey, the unpermitted porch is only 5 feet from the south side property line. c. Side Yard Setback — According to the survey, the unpermitted porch is only 5.5 feet from the north property line. Sec. 24-68. - Stormwater, drainage, storage and treatment requirements. (b)Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (2) Projects which do not exceed the fifty (50) percent threshold described in subsection (1) above, but increase the impervious surface on the development parcel by more than two hundred fifty (250) square fee shall provide onsite storage of stormwater for the increase in the impervious surface area only. • Storm Water Retention — In accordance with code, any addition of more than 250sq feet of impervious surface requires the installation of storm water retention on the property. Over 250sq feet of impervious surface was added to the property consisting of pavers and the rear porch and no storm water retention was provided. Sec. 24-108. - Residential, multi -family district (RG -M). (f) Building restrictions. The building restrictions for the RG -M zoning district shall be as follows:(1) Maximum impervious surface: Forty- five (45) percent; provided, however, where lawfully existing structures and improvements on a parcel exceed this applicable percentage, redevelopment of such parcels or additions/modifications to such structures and improvements shall not exceed the pre-existing impervious surface percentage, provided the requirements of section 24-68 are met. • Lot coverage —Lot coverage was increased from the previously approved 51% in 2006 to 75.6% due to the addition of the covered porch and the installation of pavers in the rear and side yard. Page 2 of 3 STATEMENT OF CODE ENFORCEMENT OFFICER: This property was issued a stop work order on 9/27/2022 for the installation of a covered porch and wood fencing without a permit. The unpermitted porch encroaches into the side and rear setbacks. The porch and unpermitted pavers created additional impervious surface and increased lot coverage above the maximum allowed by code. The additional coverage of more than 250 square feet also triggered the code requirement for the installation of storm water retention which was not put in place. The project could not be approved as it was constructed. The respondent submitted a variance application to the Community Development Board for the impervious surface, storm water retention and set back encroachments. The request was heard at the 6/20/2023 meeting. The variance request was denied by the Board. The fencing was not included in the variance application. The respondent requested an appeal of the Community Development Board's decision of denial before commission. Their appeal was heard on 10/20/2023 by the City of Atlantic Beach commission and was denied. To date, the porch has not been removed. The pavers have not been removed. No permit application has been received for the fence. The rear fence exceeds the maximum height permitted by code and the front fence exceeds the maximum height permitted by code. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, f i , hereby swear and affirm that the above statement is td urate. 7 Angela Ir' y Code Enforcement Oicer, City of Atlantic Beach ATTEST: Stephanie Figueroa Records Management Specialist Page 3 of 3 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. • ature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, -ceived by(Prv iVue� 'C. D�7off DQlivery or on the front if space permits. 6Yt (1 Ill// C,,//7[TL 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes S t G ff H It C ht i E-4- L Al If YES,enter delivery address below: 0 No 21. — oq6 Ce- c � 111II III III11I IIIII 11I II II1 I 3. 0 Adult Sig lure 2, kriority Mail Express®ess® � e9istered Mail' ❑Adult Signature Rest�: 1e ❑Reistere ail Restricted ted 0 Certified Mail® De 9590 9402 5982 0062 6062 24 0 Certified Mail Restricted Delivery etur t for ❑Collect on Delivery Mer andise 2_ Article Number(Transfer from service label) ❑Collect on Delive ed Delivery 0 Signature Confirmation'"' "'Insured Mail 0 Signature Confirmation 70-12 1710 0002 16 91 8 717 Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ,