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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 13:}G~- ~..r~i c. tt-c.r b.:.r~ C`+_ -..1 ~~ c. IC..~r~~;11 ~~ . ~z ~> G z z.~' 3. PROPERTY LOCATION -~ ~'t~S~ G' -t-~l S1vt'-N t' ~T~~onhc .~e'c~~, ~Z. S~'_2_.,~,~ Li`Y ~'lC_/ V~~ r><r - CSC. d: ~~ ~~c~ "'Ch b'NCc~t- . ~ ~ `L~ LvY°. ~~t -{~ ~ 4. PROPERTY APPRAISER'S REAL ESTATE NUMBER 11,E _. 3~i 3`c? - Za - Zcf C 'tl~nh~ ~~ • ~~ -~F~ ~~t 1 C~nKr ~) ~~~ Ir, 3a ~3$ - ~S -- ?_r.i~ Ri 2.-nri~ !~'G.d_ Sr~z_ra l.,z~r ~(~y, ~•:' j . , 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: (1C Il'liA.~ G. i .~F E? K+SS1v~xj G ~14.r. I ,/1 C_ ~~1C-~'~j '1'z' ~ (.i: G ~v~[~ h~~ - f Irv h c~ Gir` . ~ ,, ~a-~ ~~ J ~ry-- i + Z 8. SIZE OF PARCEL: 4~+ r ~- z PARCEL FRONTAGE 10;,2 PARCEL DEPTH ~(~ ~~'~ Sh¢nr- PARCEL AREA c~ (., ~!O sn Fr 9. UTILITY PROVIDER ~ ~ ~ ~ ~~ ,-~~ ~~~~ ~ Cc i~nc /L ~~.~14 1 Cis m t'~i ~~-~ 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 S 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 i ~ 3 ~-~> ~- L.~~~ -f-~z; f~_~ C_'t' J a C-ks~~, /, ~L~ f"'L 3 ~ 2 ~ S '' ~~ia~) ~(-'-t ~~~ 3 FAX C~i~~l) ~I -' Z ~(.~~ CELL ~Cluti) ~~~ _~? ~ ~~ ~, I TLY~c c C"i ~ '' 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 ~r ~~ f+i ;1 2 ~ s; >~' < < _ _ __ ST ]C] 2igS CAy 64 JtKkfDIlY1110~ FI 90 ~ 104ft I ;; Side View off W9th St ~~~ ~~ h ~~ n -Front view off Mayport Road AGENDA ITEM # 8A.6 DECEMBER 8, 2008 make ine proper iy iu~n ~a~, ~ ~~~ the fence. AGENDA ITEM # 8A.6 DECEMBER 8, 2008 ~ !qi 1'~ t.. `fir +.. `. ~! ~ +-;x'~h ~ , a{ ,. 9~ a i a:'. ~: ~~1 t ' ~ ~ ~ J.. q ':.~" 1 11. 1~a rt4. 1~~5 ' ,. • w ~' E ~~fi. ~ ! ~ ~~~ ' c ~ t ~ , ~.Hf ~ , . ~ h ~ ~ F ~ ~ • r ~ ~ , ` rl ~ i u11 r ~, c' 1 1 ~ Y t N 1 ~ k.. q , , q' • ~ it t'/ a f.^ ~ 1 , , tns _ tt ~. r r ;i vt ~~rv • Ft ~<`t ~Iqy..~.~} S 1,! ' r~/11 9 ~~ ~ ~ ~ 7 : RAF ~ ~! .) ' I d ~ ° ,~ 1~ t~ Pwr ~K J I { ,y yd ~ t y : planted and See set back offence- ' ' F*' ; r 1 ~ ~ v~~<.~y' st ~, tained by Transit Plus, approved in '99 ; ` ~ q ~ r ' '' ~~ ~ ~ ^ "~~~ in easement '', "~ ~~': ~ ~ ,t ~ ~ .'~,;,~. .. , _ : „~ AGENDA ITEM # 8A.6 DECEMBER 8, 2008 ~~~~. a.