Item 8A.6AGENDA ITEM # 8A.6
DECEMBER 8, 2008
REQUEST #6: Debra and Ted Jackrel, Transit Plus, Inc. - 57 W. 9th Street
This property at the corner of Mayport Road and West 9th Street is well maintained, and otherwise
in compliance with the Corridor regulations. The Applicant has expressed in the attached
information that chain-link fence is need for security and visibility. No alternative plan for
compliance with the intent of the regulations has been offered. An open aluminum fence similar to
that used in other locations in the Corridor (see example on following page) could offer the same
degree of visibility and security.
AGENDA ITEM k 8A.6
DECEMBER 8, 2008
The U-Haul facility replaced their fence to meet the corridor fence regulations several years ago.
Full visibility and security are maintained with the new fencing.
.,. -
Section 24-46(d) permits the City Commission to authorize limited Waivers, on a
case-by-case basis, from a specific provision(s) of these Land Development Reg-
ulationswhen it is demonstrated that compliance with such provision(s) would
be unreasonable, in conflict with the public interest, or a practical impossibility.
A Waiver from these Land Development Regulations may be approved only upon
showing of good cause, and upon evidence that an alternative to a specific pro-
vision(s) of this Chapter shall be provided, which conforms to the general intent
and spirit of these Land Development Regulations. In considering any request
for a Waiver from these Land Development Regulations, the City Commission
may require conditions as appropriate to ensure that the intent of these Land
Development Regulations is enforced. A Waiver shall not modify any require-
ment orterm customariayconsidered as a Variance or any requirement or term
prohibited as a Variance, and shall be considered only in cases where alternative
administrative procedures are not set forth with the City Code of Ordinances.
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(P) 904.247.5826
(F) 904.247.5845
www.coab.us
DATE ? I `z 3 ~ ~~
FILE #
RECEIPT
1. APPLICANT'S NAME ~~~~~ cwt eC__ ~ 1 ~~- -~ L[~C ~~e~ ~ ~ ~~n~~~ ~~'~ ~rL~_ II
2. APPLICANT'S ADDRESS
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3. PROPERTY LOCATION -~ ~'t~S~ G' -t-~l S1vt'-N t' ~T~~onhc .~e'c~~, ~Z. S~'_2_.,~,~
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4. PROPERTY APPRAISER'S REAL ESTATE NUMBER 11,E _. 3~i 3`c? - Za - Zcf C 'tl~nh~ ~~ • ~~ -~F~ ~~t 1 C~nKr ~) ~~~
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5. CURRENT ZONING CLASSIFICATION ~~,,
6. FUTURE LAND USE DESIGNATION .~r~ i~rn~.~„~ C2 Yi ~ ~ c~ c'a
7. LDR provision(s) from which waiver is sought:
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8. SIZE OF PARCEL:
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PARCEL FRONTAGE 10;,2 PARCEL DEPTH ~(~ ~~'~ Sh¢nr- PARCEL AREA c~ (., ~!O sn Fr
9. UTILITY PROVIDER ~ ~ ~ ~ ~~ ,-~~ ~~~~ ~ Cc i~nc /L ~~.~14 1
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10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46(d) of
the Zoning and Subdivision and Land Development Regulations, and specifically describing_how the request complies with the
Conditions necessary for the Citv Commission to approve this request. Please use second page if additional space is necessary.
page I of 2
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11. Provide the following information. Applications will not be considered complete and will not
processed until all items have been received:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company
that verifies record owner as above). If the applicant is not the owner, a letter of
authorization from the owner(s) for the applicant to represent the owner for all purposes
related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2).
d. Application Fee (5150.00).
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(P) 904.247.5826
(F) 904.247.5845
www.coab.us
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT.
Signature of owner(s) or authorized person if owner's letter of authorization is attached:
PRINTED OR TYPED NAME(S) ~ E-~~c s~q Gj~,r~ ~ t ~ c~ ., ~ ~;-~_ l
SIGNATURE(S)
CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION:
NAME
i ADDRESS
~ PHONE
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E-MAIL
ADDITIONAL SPACE FOR QUESTION 10:
page 2 of 2
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
Debra and Ted Jackrel
13707 Little Harbor Court
Jacksonville, FL 32225
Re: Property (parking lots) located in Atlantic Beach, FL, at the corner of West 9th Street
and Mayport Road
Occupied by:
Transit Plus, Inc.
57 West 9th Street
Atlantic Beach, FL 32233
11 /23/08
Dear City Commissioners:
(To include: Mayor/Mayor Pro Tem/City Manager/City Attorney)
Good Morning. Please accept this letter of introduction as an addendum to the Application
for Land Development Regulation Waiver that we are seeking, concerning the
removal/replacement of the chain link fence that is located on our property. Rather than
making this a long letter that would require unnecessary time to review, I have chosen to
try to simplify our request via an outline format.
1. My husband and I own the property, described as Lots 1,2,3,4 Sec H Block 40,
located at the corner of Mayport Road and West 9th Street in Atlantic Beach, FL
2. We purchased these four lots: 7/29/99.
3. These lots were originally heavily wooded, snake infested, and had been home to
most of the homeless in Atlantic Beach for years. Cleanup of these lots was quite
time consuming, not to mention costly.
4. Variances were secured, to include meetings, fees, etc. for its use as an Auto
Dealership lot. We were given strict guidelines to follow, to include no advertising,
(which is a big request, when it comes to trying to sell vehicles)...mitigation of
trees....fencing rules, etc.
5. All approvals were obtained, and for the past 9 years, we have operated our
dealership under all of the strict guidelines placed upon us.
6. Clients that visit our lot are mostly Church groups, Transportation Companies,
Colleges, Individuals and Groups that involve conversions for the Physically
Challenged (our specialty), and State Officials, as we are the largest dealer in the
State of Florida that converts vehicles under the State of Florida DOT contract.
Vehicles such as those provided to JTA, Dial- a- Ride, Jacksonville Airport
Authority, Mayport Navy Base, etc. are just a few of our local clients
7. Range of costs of our buses are between $40,000, up to $130,000+, and while we
do not belittle the smaller independent auto dealers along the strip of Mayport Rd, it
needs to be clear that we are not selling $500 vehicles.
8. In order for us to be protected on our lots, we were forced to move our fence back,
away from the mandated minimum boundary lines, so that we would be able to
secure our property with a 6 foot fence. Protection of these costly vehicles was top
.'
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
priority, and thus, a chained link fence was approved and installed. In by doing so,
we were forced to waste land that normally would have housed more vehicles.
9. Our vehicles thus, need to be protected, but also visible, so that local police officers
can view our vehicles at all times. As much as we attempt to limit intruders, with the
size of our fence, the lighting at the facility, etc.....many still attempt to climb the
fence and sleep in, or under our vehicles. In an economic era where people are
steeling tires and batteries from vehicles on a daily basis, we feel we need this
protection.
10.As a Franchised dealership in the State of Florida, License # VF10015461 in order
to comply with our license, Insurance regulations are placed upon us. Without the
protection of a fence, and lighting, we would be unable to comply, nor obtain the
necessary insurance to protect our vehicles.
11. In order to make the area look presentable, near our fencing..... we planted sod
along the Mayport Road and West 9th Street corridors.[We doubt there are any
others that can claim the same in all of Atlantic Beach]. Most of the sod that was
planted was planted in the easement of the City of Atlantic Beach. We maintain this
area, as if it were our own, by fertilizing the grass, mowing in between the mowings
provided by the City, and watering. We mitigated with approximately 25+ Crepe
Myrtle Tree, added plantings, kept Palm Trees in the middle of our lots (that have
caused endless maneuvering nightmares) in order to comply with the mitigation
rules forced upon us back in 1999.
12. We keep our lots spotless, and have even forced the Maintenance Dept. of Atlantic
Beach to place a garbage can at the Bus Stop in the front of our property to help
minimize the extraordinary amount of debris and litter that frequents our property.
13. When the amount of vehicles became too great, rather than have our vehicles
parked in the streets, as our neighbors do, to no end, we purchased additional lots
on West 10th Street, to avoid conflict.
14. We have been the location for all local police officials to park IN our shrub beds,
ruining sprinkler heads, causing damage to our sod, to no end, while trying to
"catch" citizens that had been making illegal turns from Mayport Rd. onto West Stn
Street. [It should be noted that never once have we billed the City of Atlantic Beach
for those repairs]
15. We have been the source of people parking illegally on our sod, caring nothing for
the looks or personal property they are abusing. To no end, we have had these
discussions to try to educate the local business owners that are adjacent to us on
both sides of the street, about the beauty of an area, and how it affects us all when
not kept properly. While only yesterday, once again our beautiful sod has been run
over by heavy machinery and local gas company trucks, while attempting to install
gas lines on West 9th Street. No care to the ruining of sod, rather than placing the
dirt pile onto the cement area of the property that is the very property of the Linen
Co. that requested the gas lines to be installed in the first place. No one seems to
care, but WE DO. Our property, along W.9th Street, at this point, is a mess that is
both unsafe, and embarrassing to us to have clients see.
16. We have been the location for all local roofers from Mr. Romano's facility, illegally
parking in our driveway, depositing endless beer bottles and debris on our property,
backing into our water backflow piping and breaking them twice, backing into my
employees vehicles over the years, etc.
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
17. While it is obvious that everyone in Atlantic Beach is trying to beautify the Mayport
Rd. corridor, it should be noted that my husband and I have been trying for years to
accomplish this task for our whole neighborhood.
18. As are the needs of any dealership, in order to sell vehicles, exposure is a key
element. We spent the high cost of purchasing these lots on the corner of a major
roadway, in order to gain that exposure.
19. Recently, our view from Mayport Road has been severely limited when approaching
from the South end, as now approval for a Building (Corner of Mayport and W9th)
that houses a local Plumbing Supply Facility was approved and erected. They were
granted permission so that the building completely covers our exposure, as the
building was permitted to be built so very close to the Mayport Road boundary line.
20. It only came to our attention, in the summer of 2008, that an issue existed with our
chain link fence because it had become a prohibited use. We were notified by Mr.
Alex Sherrer, via certified mail. We were unaware of the nature of the City
Commission passing an ordinance back in 2003, or we would have attended the
meetings discussing this back in 2003. We replied to Mr. Sherrer, via letter
appealing to him that the removal of our fencing would be both an insurance issue,
as well as an exposure issue.
21. It was indicated to us that we could remove the chain link fence, and replace it with
an even more expensive, beautiful type fencing.
a) Our existing chain link fence is not damaged, rusted, or dented
b) Our existing chain link fence is not an eyesore, and is barely visible, if you
take a look at the pictures we have taken, and will provide at the upcoming
hearing.
c) Our exiting chain link fence is not "causing" the implied prostitution and drug
use along the Mayport Corridor. Had the fence been ugly, rusted, dented,
broken, etc, we might agree, but ours is not.
d) A wood fence would not beautify the look of Mayport road, as no rules as to
the types have been mandated, and we all know that stockade fencing is
NOT beautiful, yet would be an acceptable replacement according to the
rules.
e) A wood fence would make our property, that cost so much to purchase, to be
rendered useless as a dealership as:
1) NO Potential customers could view our vehicles for sale
2) Crime would run rampart, as no police officer would be able to see
into our lot, and view any intruders.
f) A wrought iron fence might have been another alternative, but
1) If you take a look at the view of a wrought iron fence from the angle
of a side view approaching the fence....[you can see my picture, as
well as those taken by Mr. Alex Sherrer], you will confirm that the lot
would not longer be visible unless you are directly in front of the
fence, which can never happen when driving by, as the angle view is
the one that attracts the attention of a prospective customer to the
lot, and no police officer is going to exit their vehicle to look into our
lot for protection.
2) This type of fencing is very costly, and in the economic situation we
are all facing ,this option would be affect us greatly.
g) Removal of all fencing would render us unprotected totally
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
h) Removal of chain link fencing, in order to beautify Mayport road, when the
very exact type of fencing has been approved, and erected by a residential
property, only a mere weeks ago.....directly across the street, seems unfair
i) We suggested added shrubbery to the front of the fencing that is along the
Mayport Road region. We were told, that while a good idea, in order to
comply with the new ordinance, the fence would have to be totally hidden.
Obviously this option is not acceptable for all the same reasons as
mentioned above. If adding a low shrubbed area would be more pleasing, we
have no complaint, but the shrubs would have to be low, so not to block the
vision into the lot.
We respectfully request that you view our facility to confirm, in your own minds, that we are
neat citizens, respective of rules, people's personal property, and the property of the City
of Atlantic Beach.
We ask that you see our sod, see our trees, see our planting beds in areas that will not
cause obstruction to potential clients, police officers, etc.
We ask that you see our chain link fence as
1) A necessity
2) A protection apparatus
3) A method of performing the task the city of Atlantic Beach originally permitted, that
of an auto dealership, and with that prior approval, in order to do so, we have to
have our products viewed from the street.
We respectfully request that you allow us this variance, and not require us to remove our
chain link fence.
Thank you for your attention to this matter. We look forward to meeting you at the
December 8th meeting.
Please make note that the case #365-08 has been placed in the name of Ted Jackrel,
solely, yet the property is owned by Debra and Ted Jackrel. This should be corrected for
your records.
Resp tfull i
aKd fed
AGENDA ITEM # 8A.6
DECEMBER 8, 2008
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AGENDA ITEM # 8A.6
DECEMBER 8, 2008
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AGENDA ITEM # 8A.6
DECEMBER 8, 2008
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AGENDA ITEM # 8A.6
DECEMBER 8, 2008
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