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04-13-93 CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P. M., APRIL 13, 1993 Call to order ;Pledge to the Flag Roll Call ', 1. Approval of the minutes of the meeting of March 2, 1993. 2. Recognition of Visitors and Guests ~3. Old Business: ~a. Case No. 0022 -Charles Watson -update on condemnation ' concerning property located at 210 Mayport Road and adjacent property. Code Enforcement Inspector will give a report. I~b. Case No. 0049 -Chris Moale -update on action taken by Board January 5, 1993 concerning complaint filed by Chantell Hook of 150 12th Street, indicating Chris Moale contracted with her to remodel her home. Code Enforcement Inspector will give a report. ~'I4. New Business: a. Case No. 0056 - William Blackard, Jr. -owner of property ',located at 1595 Beach Avenue, in violation of Section 6-26, E;:cavation of Sand Dune - "Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished." b. Case No. 0057 - Mark Kredell -complaint filed regarding property located at 361 Third Street, in violation of Standard Mechanical Code Section 308.9.3, "Minimum size of the exhaust duct shall be 4 inches ID." (3" Duct installed by Mark Kredell at 381 Third Street) 5. Board Members Comments 6. Adjournment 1 1 MINUTES OF THE CODE ENFORCEMENT BOARD ~! MEETING HELD AT ATLANTIC BEACH CITY HALL ON APRIL 13, 1993 t'ALL TO ORDER Present: George Bull, Jr., Chairman Barbara Bonner Heywood Dowling, Jr. Edward Martin Kathleen Russell Suzanne Shaughnessy John Venn And: Suzanne Green, Prosecuting Attorney Alan C. Jensen, Legal Counsel to Board Don Ford, Code Enforcement Officer Karl Grunewald, Code Enforcement Officer Maureen King, City Clerk ~. Annrova~ of the minutes of the meeting of March 2. 1993. A motion was made, and seconded, to approve the minutes of March 2, 1993. Mr. Martin referred to Case No. 0052, Terry Kirton, and would like the minutes to reflect Terry Kirton should be referred to as "Ms." instead of " Mr." The question was called and the vote resulted in all ayes. The motion carried. g Recognition ^f vi~irors and Guests: There were no visitors or guests. ,~, Old Business Case No. 0022 - Charles Watson - update on condemnation concerning property located at 210 Mayport Road and adjacent property. code Enforcement Inspector will give a report. Don Ford reported he recently inspected the property. He passed out pictures which were taken July 22, 1991 when the property was first cited, and he passed out current pictures. He recommended the file be closed, and he reported Mr. Watson was in compliance. A motion was made, seconded, and passed to close the file on Case No. 0022 - Charles Watson. The secretary was asked to send Mr. Watson a letter of thanks for his cooperation. her to remodel her home. Code Enforcement Inspector will give a report. ~~ Karl Grunewald reported Chris Moale had been notified three times concerning the fine against him. Mr. Grunewald reported Mr. Moale moved. Mr. Grunewald recommended the city place a lien against Mr. Moale's property, and the Board concurred. 4. New Business: a. Case No. 0056 - William Blackard, Jr. - owner of property located at 1595 Beach Avenue, in violation of Section 6-26, Excavation of Sand Dune - "Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished." George Bull read the case hearing procedure for Case No. 0056 and asked witnesses to stand and be sworn in. Suzanne Green reported the City was given an easement by Mr. Blackard to construct a dune walkover. She reported excavation work was done on the dune which surrounds the dune walkover, and because of the excavation work the walkover was undermined. she presented a report from Nadeem G. Zebouni, P. E. (copy of report attached herewith) indicating due to the change in dune profile caused by the excavation, the original design to build the walkover would have to be changed. r~ Don Ford, Code Enforcement Inspector, displayed pictures of the excavated dune. He indicated Mr. Blackard had excavated a large amount of the dune. He indicated one picture was taken two years ago as the City was constructing the dune walkover, and the next four pictures were taken July 21, 1992 and indicated extensive excavation by Mr. Blackard. He indicated because of the excavation possible erosion problems might occur, and the dune capability to protect against storm had been diminished. Suzanne Green asked Mr. Ford if the dune contained vegetation, to which Mr. Ford replied the dune contained trees, and much vegetation. Suzanne Green asked how much of the dune had been diminished, to which Mr. Ford replied approximately 70$ to 80$ of the dune had been diminished. Mr. Blackard asked to see the pictures Mr. Ford had displayed, and the pictures were given to Mr. Blackard to examine. Mr. Blackard objected to the presentation of the report by Nadeem G. Zebouni, P. E. He objected because Mr. Zebouni was not at the meeting, and because he (Mr. Blackard) had not seen ^ the report. l -2- Suzanne Green proceeded to read Mr. Zebouni's report. George Bull asked why Mr. Zebouni was not present, to which Ms. Green ~', replied Mr. Zebouni was not able to attend the meeting. Mr. Blackard asked that the record reflect he was just handed the report from Nadeem G. Zebouni dated April 12, 1993 at 7:46 p. m., April 13, 1993. He indicated he thought Mr. Zebouni was not an expert and he objected to the report being admitted. Suzanne Green indicated the Code Enforcement Board had not been advised of any witnesses Mr. Blackard intended to present, to which Mr. Blackard replied there had not been a request for a list. (John Venn, Code Enforcement Board member, entered the meeting at 8:97 p. m.) Mr. Blackard asked that the matter be dismissed. He stated a prima faces case had not been made, to which George Bull indicated the Board intended to hear the case. Mr. Blackard felt he had not received notifications correctly, and a discussion ensued pertaining to the various letters that had been sent to him by the City. Whereas Mr. Blackard felt he had not been notified correctly, the Code Enforcement Officer (-, felt Mr. Blackard had been notified correctly. i George Bull stated the Board was not bound by strict rules of evidence, and he indicated his desire to proceed with the case. He indicated the Board would take into consideration everything that had been presented. Mr. Blackard presents his case: Mr. Blackard stated he had not been cited for working without a permit. He explained the work which was permitted was stopped July 21, 1992. He added he had been held up in construction with regard to renovation of his home for nine months. He felt the building permit he had obtained to renovate his home had nothing to do with excavating the dune, and he wanted the two items separated. He indicated his desire to complete renovations on his home. Mr. Blackard introduced as his witness Mr. Erik J. O1sen,P.E. He indicated Mr. Olson was experienced in civil, coastal, and oceanographic engineering. He presented a resume of Mr. Olson and he asked that this be Exhibit #1 (attached herewith). Mr. Olson felt Mr. Blackard was not in violation of Section 6-26. Mr. Bull asked on whose property the dune walkover would be built, to which it was determined it was Mr. Blackard's -3- property and he granted an easement to the City in 1986. Mr. Blackard Indicated the agreement was to have a walkway or a ~', path, not steps. Mr. Martin stated he attended the meeting to determine if harm was done to a dune by removing material from the dune. He indicated he did not want to discuss walkways. George Bull indicated the building permit was stopped because the dune was removed. He added he wanted to talk about the destruction of the dune, only. Suzanne Green explained the excavation that was done to the dune jeopardized the stability of the dune. Mr. Olson asked what Mr. Zebouni's report indicated, to which it was explained Mr. Zebouni's report indicated the dune crossover had to be built differently because the dune was undermined. Mr. Olson felt Mr. Blackard did not violate Section 6-26. He referred to the Coastal Construction Line and explained in detail that in his opinion the dune excavation would not cause harm during a 100 year storm. He explained the dune excavation would not jeopardize people that live across the street during a 100 year storm. ~ Suzanne Green asked Mr. Olson if he was familiar with the property prior to the excavation, to which Mr. Olson replied he was not familiar with the property prior to the excavation. Suzanne Green explained complete vegetation included 8 to 10 Palm Trees that had been excavated. Mr. Blackard explained he had been given permission by the City Attorney of the City of Atlantic Beach to take the trees down. Suzanne Green asked what cubic volume was involved in the excavation, to which Mr. Olson replied all the houses are on the dune ridge and the dune ridge was not jeopardized. Suzanne Green replied she felt the ocean would come through the dune now, because of the excavation that was done. She felt the dune would continue to erode. Mr. Olson agreed some stabilization needed to be done. Suzanne Green felt a determination should be made that the dune was not stable at the present time, since it had been excavated, to which Mr. Olson concurred. Mr. Martin asked Mr. Olson if the capability of the dune had been dimished to which Mr. Olson replied the protection (~~ capability of the dune had not been diminished. -4- Mr. Olson added the material that was area and some of it was used to fill Mr. Dowling asked Mr. Olson if it was he admits the dune was diminished (2) deal. Mr. Olson replied the dune was manner that it violated Section 6-26. excavated was kept in the in lower spots in the area. his testimony that (1) but it is not a big not diminished in such a Kathleen Russell asked if a retaining wall had been put up would there leave been as much structural damage, to which Mr. Olson replied he did not think the dune had changed - he added wind destruction had been inconsequential. Mr. Blackard indicated a little dirt had fallen down. He added it was his intent to make the dune look nice, and to fill it in, but he was told to stop work so the dune had been exposed. Afr. Blackard proceeded to show photographs of other properties nearby. Suzanne Green objected to photographs of other property. The Board indicated they did not want to see photographs of other property. Mr. Dowling asked what would it take to stabilize the dune, to which Mr. Olson replied it would require putting a veneer of sand over the dune and planting some type of vegetation. Mr. Dowling asked what would be the most effective vegetation to which Mr. Olson replied he did not know. It was determined no permit was obtained for the excavation from DNR or the City. Suzanne Shaughnessy asked Mr. Blackard why he excavated the dune, to which Mr. Blackard replied he excavated the dune because the vegetation was full of rodents, snakes, etc., and it was impossible to keep clean, and to make his yard usable and attractive. Suzanne Shaughnessy asked if the dune was taken down to the level of the backyard, to which Mr. Blackard replied the dune was taken down to the level of the backyard. Mr. Venn asked Mr. Blackard if he thought he did not need a permit to remove the vegetation and dirt, to which Mr. Blackard replied he thought he did not violate section 6-26 and therefore he did not need to do anything. He added he did not know why he had been stopped for nine months on the renovation of his home. Barbara Bonner asked Don Ford if there was a permit needed from the City to remove dunes, to which Mr. Ford replied the matter (~ was a field judgement call. If the city felt that too much -5- dirt was being taken the city would ask the property owner to come to the city hall. ~~ Mr. Blackard indicated he had photographs showing what had been permitted in the neighborhood, and would like them placed in record. Suzanne Green objected. The Board indicated their desire not to see the photographs. George Bull decided to allow the photographs. Suzanne Green gave an interpretation of Section 6-26: she explained Florida Statues gave municipalities power and authority to fine, replace, or stabilize dunes. She explained Florida statues and City Ordinances allowed the Board to enforce this authority. Mr. Blackard stated it was his intent to stabilize the dune and he would be happy to stabilize it. Mr. Blackard felt the city had failed to carry its legal burden that he violated Section 6-26. George Bull asked Don Ford if the reason Mr. Blackard's building permit was stopped was because of the dune activity, to which Mr. Ford replied in the affirmative. In oY.her words, Mr. Bull added, if the Board found in favor of the City the stop order would remain in force; if the Board found in favor of Mr. Blackard, the city would release the stop order on construction. Mr. Ford agreed. It was determined by Mr. Ford the dune could be stabilized without completing Lhe house. A motion was made by Mr. Martin to stabilize the ground forthwith. George Bull asked bon Ford the following question: if Mr. Blackard agreed to stabilize the dune, would the Building Department be satisfied, to which Mr. Ford replied in the affirmative. Mr. Bull asked if Mr. Blackard stabilized the dune would his building permit be reinstated as soon as possible, to which Mr. £o rd agreed. In other words, Mr. Bull stated, the city would be willing to set aside the violation against Mr. Blackard (if it was determined there was a violation) if Mr. Blackard would vegetate and stabilize the dune, and the building permit will be reissued. It was determined if Mr. Blackard agreed to stabilize the dune in a timely manner, the building permit would be released, and Mr. Blackard could continue to build. Mr. Blackard added he would like the dune stabilized to the satisfaction of Mr. Olson, to which the Board did not agree. Don Ford felt the -6- Building Department should review the work, not an outside person. Mr. Blackard then stated that he would stabilize the dune, but he did not think he had violated the code. He agreed to stabilize, but he stated he did not want to be tied up in administration. A discussion ensued concerning whether or not Mr. Blackard violated section 6-26. It was felt the City indicated they would accept one or two solutions, and it was felt the Board should move to make it possible for Mr. Blackard to stabilize the ground. A discussion ensued concerning whether Mr. Ford should approve the stabilization. Mr. Bull felt Mr. Ford should approve the stabilization only if Mr. Blackard was proved to be in violation. Mr. Bull explained the Board had the power to rule only on what tt~e city presented as its case at the meeting. It was determined a problem had ensued relative to who would approve the stabilization. P1r. Bull stated he had been involved in permitting approximately 25 cases for DNR. He felt he was capable of determining what stabilization was, and he offered to take it upon himself to make a judgement on what needed to be r, stabilized and how it was to be stabilized, as an independent agent. Mr. Ford indicated this would be acceptable to him. Mr. Bull restated the agreement: Mr. Blackard agreed to stabilize the dune in a timely manner and Mr. Bull will discuss with Mr. Blackard and Mr. Ford what constituted a timely manner in a separate meeting. The building permit will be reissued immediately after the three parties discuss the timely approach and all parties are in agreement. Mr. Dowling felt Mr. Blackard was 1n violation. But he indicated many violations occurred in the city of the same nature through permitted activities, and therefore he did not feel a fine should be set against Mr. Blackard. He felt, however, the Board's vote should indicate Section 6-26 had been violated by Mr. Blackard. Mr. Venn felt it was not necessary to cite a violation in the solution of the matter. A motion was made by Mr. Dowling, and seconded by Barbara Donner, that lfr. Blackard be found in violation of Section 6-26 and that the Board impose action as described by Mr. Bull as referenced above. ~' -7- It was determined the motion would not stop Mr. Blackard from getting a permit, and that Mr. Bull's proposal would be in t effect. The question was called and the vote resulted in 5-2, with George Bull and Edward Martin voting nay. The motion carried. 5. F.oard Ttember Comments: There being no further business the meeting adjourned at 9:30 p. m. George Bull, Jr., Chairman ('~ -e- DUNE WALKOVER STRUCTURE ON S 2XTEENTH STREET ATLANT=UC BEACH, FLOR=DA APR=L 12, 1993 FOR: C 2 TY OF ATLANT = C BEACH n 8 0 0 S EM t NOLE ROAD ~., ATLANTS C BEACH , FLOR =DA BY: NADEEM G. ZEBOUN=, P.E. 200 EXECUT2VE WAY, SU=TE 216 PONTE VEDRA BEACH , FLORSDA 3 2 0 8 2 ~ TEL. 285-9890 ~ (1 NADEEM ZEBOUNI, P.E. Tel: (904)285-9890 Fax: (904)285-1002 REPORT NO. O1 PROJECT: DUNE WALKOVER FIELD OBSERVATION REPORT DATE: 4/07/93 (10:00 A.M.) REPORT DATE: 4/12/93 (9:00 A.M.) CONTRACTOR: NEWMAN CONSTRUCTION WEATHER: SUNNY CLIENT: CITY OF ATLANTIC BEACH YOUR REFERENCE: 16TH STREET OBSERVED BY: NADEEM ZEBOUNI, P.E. OUR REFERENCE: 366 REASON FOR OBSERVATION: STRUCTURAL CONDITION SURVEY. PERSONS INVOLVED: DON FORD AND NADEEM ZEBOUNI ITEMS EXCHANGED: FROM FORD TO ZEBOUNI ( CONSTRUCTION DOCUMENTS, CITY MAP, AND A SURVEY. ) GENERAL INFORMATION: The dune walkover extends along an obstructed easement from the - corner of 16th Street and Beach Avenue to the beach ( See general location map in Exhibit "A" ). The construction documents for the dune walkover structure and the retaining wall were prepared by Connelly & Wicker, Inc., Consulting Engineers. The set consisted of three drawings and dated February of 1989. The elevation of the existing structures does not match those noted on the drawings. Construction started in•April of 1989•but~ was not completed because an Order of Temporary Injunction was issued on June 1, 1989. Photographs of the partially completed structure were taken by others ( See Exhibit "B" ) prior to demolition of the west end of the dune walkover. OBSERVATIONS: Photographs were taken during our inspection and are included in Exhibit "C" of this report. Photo "1" shows the west end location of the dune walkover. A wooden fence, approximately 6' high, has been constructed since the photos in Exhibit "B" were taken. Also, note that less palm trees exist between the obstructed easement and the single family residence south of the easement. It is my understanding that the dune was partially cleared and excavated (.See photos "2", "3", "4", "5" and "6" ). Three piles still remain in place at the west end of the obstructed easement ( See photo "7" ). The east end of the dune walkover is still intact ( See photo "8" ) including the retaining wall which runs into the excavated dune at its west end ( See photo "9" `_ ). Spread footing excavations were observed south of the existing retaining wall ( See photo "10" ). 200 EXECUTIVE WAY, SUITE 216 • PONTE VEDRA BEACH, FLORIDA 32082 CONCLUSIONS AND RECOMMENDATION: Section "A - A" on sheet "3" of the Exhibit "D" ) requires a minimum of 3'-0" fora retaining wall between 3' to 6' remaining retaining wall westward .of the be capable of withstanding the earth pry plus the pedestrian live load traffic. wall will be approximately 10 feet. construction documents ( See pile penetration below grade high. Construction of the existing retaining wall' must ;saute of the excavated dune The height of the retaining Due to the limited width of the easement and the remaining trees, deadmen can not be placed to resist the superimposed lateral loads. Hence, the required depth .of pile embedment•wi~ll be at least the length of pile above the lower grade elevation. The pile spacing must also be reduced to approximately 3' on centers which is half the spacing specified in the construction documents ( See Exhibit "D" ). The final design of the proposed retaining wall is beyond the scope of this report. Also, a new DNR permit might have to be obtained to complete the work. • In conclusion, based on the information in this report and my past experience, it is my opinion that the remaining retaining wall and dune walkover can be designed and constructed to meet current building code criteria. However, due to the change in dune profile caused 'by the excavation; twice as many and at least twice as long piles have to be used in comparison to the original design. Also, the 3' to 6', 3 x 6 T ~-- & G, treated lumber specified will have to retain approximately 10 feet of sand instead of 3' to 6'. The existing three piles may be used to reconstruct the demolished stairs and landings. The retaining wall will confine the sands and atop the ongoing erosion of the excavated dune. •Than you for selecting Zebouni Engineering to assist you during this phas~ of your project. If you have any questions or if I can be of and. fu they assistance, please let me know. -~- -~• . Zebouni, P.E. • ~ I EXH=B=T '•A" t ' :.. PP. 6T- 3--~_ N I ~ ~0 ~ a O 'M / ~ i ~ W ~ ~O 6 ~ q ~D. ~u 0 t Y ' ~ ~ Qz N ~ n s i m •J O 1 N I ~ d ~~ Z ~o :j Q ~i '~ s a .J p •6 V ~~ Q ~G i p ~ ~ O n , I ~.~ I a; h 2; ~ ~ i 1 ~ ~ ~ P. B. 20 I t I P. 20 ~ m I a ,a97 I01887 I . ~~~~~~ I P B. 1 S i I F 10 : ; ;~ 'I ~ I I ~ i :' I~ ~ ~ I' ~^ I ~O =IP.B. 15 ~ ~ ~ F.~ ~~ P 57 V I i Q I f Wil PB. 15 F B2 r a: N C m a i ~ ~ ~~j4 ~ ¢ o ~ O 74 • ~,._ ..~ ~^ ~ ,. j r ~ ~~ VE a H ~0^0~~~ (~ PB• 15 I I~ I//~~ I p 10 ~ PAaK 018J~ LO UBIi ~LN. / 007j1 a 0 1'~ 1 ti~ 2 „, Od2K111 G. (o / ~ /~' I ~. M ' OA L \~a ~ oJ1 P B. IS P. 93 LoT 3 0/889 /9 TH. ST. Z Q W U H H 'L a H d DUNE WALKOVER (, EXH=B=T "B'• l n n n EXH=BST •'C" l t (1 (1 ..1 .. ~~ n ,.I~~ a.. ` L ~ J A rJ. ti. ~ 1r ~_ 1• ~ t. •.,iR v. ,r • . .'1 .. S .~,~:} ~}~.n~y ~ ~;,plc ~t ~: n •'~~ ~i •rf ~ r/ff4 • ~~' ~~~f ~~ ..4.. ..3.• ~~5.. ~' n .. 6 .. sr $ rr rr7rr rr9rr (~ (, •.10.. n EXH=B2T "D" l ~ECr/ON Q-A ,vrs ~,c 1~ ~ ~ , ~~ #~ i Erik J. Olsen, P.E. B.S.C.E., M.E. Civil, Coastal and Oceanographic Engineering Mr. Oisen received his academic training from the University of Florida. As the Principal Engineer for Olsen Associates, Inc., Mr. Olsen performs engineering, permitting, and research functions related to hydraulics, coastal processes, environmental impact assessment, water and energy resources, and coastal management. Mr. Olsen's general experience includes the design and implementation of numerous coastal protective structures, beach erosion control investigations, tidal Intel stability analyses, flood insurance studies, hydrographic studies, marina design, navigation projects, and impact assessmen! of coastal development. He has provided consulting services related to unique Floating Nuclear Power Plant sitings, as well as preliminary design criteria for an ocean airport in the Virgin Island. He is particularly active in the evaluation and solution of large scale beach erosion problems, beach restoration, the assessment of effects of inlets on beaches, and the permitting of multi-faceted coastal projects. Mr. Olsen has acted as special consultant to both Erosion and Inlet Districts, counties, i municipalities, States and governmental agencies. He routinely acts as an expert witness on coastal engineering topics for both the private and public sector. Similarly, Mr. Oisen frequently makes educational presentations regarding Coastal Construction Regulations and other related matters to the Florida Bar, the State Chamber of Commerce Env(ron- mental Seminar, Engineering and Architect Professional Societies, etc. Mr. Olsen has directed numerous General Design Memorandums, Detailed Project Report and special studies for various Districts of the U.S. Army Corps of Engineers. He has likewise participated in the tormulat(on of three favorable Section 1-11 studies involving federal navigation project mitigation of adjacent shoreline damage. Mr. Olsen has authored papers concerning the Implementation of coastal construction regulation, beach nourishment design, and the effects of inlet stabilization on littoral processes. He is a member of the American Society of Civil Engineers, the Florida Engineering Society, the National Society of Professional Engineers, and is a registered professional engineer in the State of Florida, Georgia, South Carolina and North Carolina. Mr. Olsen presently acts as a Director to both the American and the Florida Shore and Beach Preservation Association. Mr. Olsen has acted as a contributing professional to both the State of Florida Comprehensive Beach Management and Inlet Task Forces. r, Olsen associates, inc. 4438 Herschel Street Jacksornille, FL 32210 (904) 387-6114 (Fax) 384.7368 Coastal Engineering