Item 8BAGENDA ITEM # 8B
MAY 26, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for a Waiver from the City Code Section 19-5 to Allow a Vertical
Obstruction in the Roadway Safety Zone
SUBMITTED BY: Rick Carper, P.E., Public Works Directo~~,
DATE: May 13, 2009
BACKGROUND: On approximately March 19"', a Contractor working for Mr. Edward Morin at
1849 Seminole Road began tearout for a driveway replacement. The contractor was
stopped by the Public Works (PW) Crew Chief and told he must obtain a Right of Way
Permit for work in the City Right of Way. On March 20~' (Friday), a Right of Way Permit
application was submitted. The application was received and reviewed at Public Works on
March 23`° (Monday) with request for additional information forwarded to Mr. Morin by mail
on March 24`h (see attachment 2). On March 23ro, the contractor was on-site preparing to
complete the driveway. He was asked about the permit by PW personnel and told them
the application was submitted. Because the contractor and crew were familiar to the
Public Works personnel (had previously been the City's annual concrete repair contractor
for several years), they were allowed to proceed with the driveway work. On a subsequent
site visit, the PW Inspector observed the contractor preparing to pour a header curb at the
edge of pavement on the south side of 18`h Street. The Inspector did not question whether
the curb was permitted properly, but noted it was not properly formed and directed the
contractor to deepen the footer portion of the curb. Neither of the PW personnel involved
with this issue in the field is in the Building Permit Application Review chain. They were
not aware that additional information was required on this application.
The Right of Way permit for the driveway was never approved. No response was made to
City Review request for additional information on the Permit (see att. 2). Note that no
mention of curb was made on the Permit Application. Because no sketch of the proposed
work was provided, it was not noted at the time of review that the proposed driveway
modification exceeded the maximum driveway width of 22 feet as codified in Section 19-7.
On April 6"', a letter was sent from Public Works regarding installation of the header curb in
violation of City Code Section 19-5 (b) (1) and without permit (att. 3). On April 8"', Dan
Crowley, owner of Crowley Concrete, the contractor for Mr. Morin called to discuss the
curb, stating that it replaced a deteriorated railroad tie curb and was properly constructed,
including modifications request by City personnel. Mr. Crowley was told the curb was
installed without permit and was a code violation. He was also told the owner would have
to apply for a waiver to retain the curve.
On April 13"', the City Manager, Assistant City Manager and Public Works Director met to
discuss Mr. Morin's issue. Discussion included whether the 19-5 (b) (4) allowance for the
Director of Public Safety to waive the restriction was permissible. Determination was made
that a waiver at Staff level was not appropriate. On April 15"', Mr. Morin and a contractor
representative met with the City Manager and Public Works Director. Mr. Morin explained
the rationale for installing the curb, including pictures of the before and after condition (att.
5). Staff reviewed the Section 19-5 requirements including Mr. Morin was told it was not
within Staff authority to grant the waiver and that an application to the City Commission
was required. On May 5"' the application for waiver to keep the header /landscape
retention curb on 18"' street was received (att. 4).
May 25" 2009 Commission Meeting
AGENDA ITEM # 86
MAY 26, 2009
RECOMMENDATION: Deny approval of a waiver to two foot safety zone, and instruct the
applicant that the header curb must be removed. Regarding the excess driveway width,
the intent of Section 19-7 was to limit impervious surface area in the City right of way.
Because the applicant lives on a corner lot, he has significantly more than the 50%
pervious surface required, so, if requested by Mr. Morin, a waiver to the driveway width
restriction is recommended for approval.
ATTACHMENTS: 1. City Code Sect. 19-5 (b) (emphasis added) and 19-7 (f)
2. Right of Way Permit Application for Driveway with City Review Comments
3. PWD Letter dated April 6`~ addressing unauthorized installation of header
curb
4. Waiver application from Mr. Morin
5. Before and after installation pictures provided by Mr. Morin
BUDGET: No budget issues.
REVIEWED BY CITY MANAG~_
May 25"' 2009 Commission Meeting
AGENDA ITEM # 8B
MAY 26, 2009
Sec. 19-5. Intersections: sight distance requirements and safety zones.
(b) Safety zones. For purposes of this section, safety zone shall be defined as an unobstructed area along
the edge of the roadway intended for the recovery of errant vehicles, and also the edge of sidewalks or
designated pathways intended to provide for a safe area that is free of obstructions, which may create
hazards, bicycles or vehicles.
(1) Within rights-of--way. A safety zone extending two (21 feet from the edge of the roadwav aavement
or the edge of a sidewalk or uathwav, as aunGcable shall he maintained
(2) Within private property. tJn any private property, no landscaping or vegetation other than lawn grass,
and no property border, berm, retaining wall edging, timbers, posts or other type of obstruction shall be
constructed, placed, or permitted to remain within two (2) feet of the edge of the roadway pavement or edge
of sidewalk, or in any location that creates an obstruction or hazard to pedestrians, bicyclists or vehicles.
(3) Cause for removal of obstructions within safety zones. Upon fording by the director of public safety that
any obstruction or hazard exists within safety zones, the obstructions shall be immediately removed by order
of the police department. The city shall have the right to remove any trees, shrubbery, vegetation, berms,
walls, fences, structures or other objects in violation of this section, with or without prior notice. Removal
costs shall be charged to the owner, occupant or representative in an amount equal to the city's costs incurred,
plus a charge of one hundred (100) percent of said costs to cover the city's administrative expenses.
(4) Waiver to safety zones restrictions. Upon written request, accompanied by a site plan, the director of
public safety shall have the authority [to] waive the preceding restrictions, upon fording that no obstruction
or hazard to pedestrians, bicyclists or vehicles will be created.
Sec. 19-7. Constriction of driveways in rights-of-way.
(fj Maximum driveway width at the property line and through the right-of-way shall be 20 feet.
Maximum driveway width for circular drives shall be 12 feet, and circular drives shall only be
permitted on lots having at least 100 foot frontage.
May 25~' 2009 Commission Meeting
AGENDA ITEM # 8B
MAY 26, 2009
CITY OF ATLANTIC BEACH
DEPARTMENT OF PUBLIC WORKS
1200 SANDPIPER LANE
ATLANTIC BEACH, FLORIDA 32233-4318
TELEPHONE: (904) 247-5834
FAX: (904) 247-5843
SUNCOM: 852-5834
www.coab.us
April 6, 2009
Mr. Edward Morin -VIA CERTIFIED MAIL
1849 Seminole Road
Atlantic Beach, FL 32233
SUBJECT: Header Curb Installation in City Right of Way
Dear Mr. Morin:
This letter concerns the installation of header curb along 18"' Street. This work in the
City Right of Way was done without permit. Your contractor has replaced a portion of
your concrete driveway area and also installed approximately 70 feet of curb. After work
had been started without permit application, a Public Works representative questioned
the work in progress. The contractor ceased work and submitted a permit application
that stated only "Requesting Permission to Construct Driveway." This permit has not
been approved because no sketch of the proposed work was provided.
Constrution of vertical obstructions adjacent to the paved roadway is prohibited by City
Code Section 19-5 (b) (1): (see attached). Required corrective action includes removal
of the header curb on both sides of your driveway. Also you are required to complete
the permitting process by obtaining Right of Way permit for the driveway repairs. The
normal Right of Way Permit fee ($35) will be doubled because this work was performed
without permit.
Within 30 days of receipt of this letter, action to remove the header curb and obtain the
required building permit must be completed. Satisfactory documentation (survey or
photographs) of the action taken must be submitted to the Public Works Department not
later than May 13"' or this matter will be referred to the Code Enforcement Board.
If you have any questions regarding this matter, please contact me at 247-5834 or by e-mail
at rcarper(c~coab.us.
Sin ly,
~~ __~__-
f
Ri ~ .Carper, P.E.
Public Works Director
cc: Jim Hanson, City Manager
Alex Sherrer, Code Enforcement Officer
Mike Classey, Chief of Police
RC/Ls
AGENDA ITEM # SB
MAY 26, 2009
Sec. 19-6. Intersections: sight distance requirements and safety zones.
(b) Safety zones. For purposes of this section, safety zone shall be defined as an unobstructed
area along the edge of the roadway intended for the recovery of errant vehicles, and also the edge
of sidewalks or designated pathways intended to provide for a safe area that is free of
obstructions, which may create hazards, bicycles or vehicles.
(1) Within rights-of--way. A~afety zone eztendina two (2) feet from the edge of the roadwav
pavement or the wine of a sidewalk or nathwav. as applicable. shall be maintained.
(2) Within private property. On any private property, no landscaping or vegetation other than
lawn grass, and no property border, berm, retaining wall edging, timbers, posts or other type of
obstruction sha11 be constructed, placed, or permitted to remain within two (2) feet of the edge of
the roadway pavement or edge of sidewalk, or in any location that creates an obstruction or
hazard to pedestrians, bicyclists or vehicles.
(3) Cause for removal of obstructions within safety zones. Upon finding by the director of
public safety that any obstruction or hazard exists within safety zones, the obstructions shall be
immediately removed by order of the police department. The city shall have the right to remove
any trees, shrubbery, vegetation, berms, walls, fences, structures or other objects in violation of
this section, with or without prior notice. Removal costs shall be charged to the owner, occupant
or representative in an amount equal to the city's costs incurred, plus a charge of one hundred
(100) percent of said costs to cover the city's administrative expenses.
(4) Waiver to safety zones restrictions. Upon written regwest, accompanied by a site plan, the
director of public safety shall have the authority [to] waive the preceding restrictions, upon
finding that no obstruction or hazard to pedestrians, bicyclists or vehicles will be created.
AGENDA ITEM # 8B
MAY 26, 2009
APPLICATION FOR WAIVER FROM A PROVISION
OF TIE LAND DEVELOPMENT REGULATIONS
City of Atlantic Beach •800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247-5826 • FAX (904) 247-5845 http://www.coab.ns
Date c~ ~ D ~ File No. Receipt
Section 24-46 (d) parrots the City Commission to authorize limited Waivers, on a case-by-case basis,
from a specific provision(s) of the Land Development Regulations when it is demonstrated that
compliance with each provision(s) world be unreasonable, in conflict with the public interest, or a
practical impossibility. A Waiver from the Land Development Regulations may be approved only upon
showing of good cease, and upon evidence that an alternative to a specific provision(s) shall be
provided, which conforms to the general intent and spirit of the Land Development Regulations. In
considering any request for a Waiver from the Land Development Regalatfons, the City Commission
may require conditions as appropriate to ensure that the intent of the Regulations is enforced. A
Waiver shall not modify any requirement or term customarily considered 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 for the within the City Code of Ordinances. Land Development
Regulations includes zoning, subdivision, Building and construction and other regatations as set forth
within the City Code of Ordinances controlling the Use and Development of Land.
1. Applicant's Name _
2. Applicant's Address
3. Property Location
4. Property Appraiser's Real Estate Number / [O / U L 7 " UUU U
5. Current Zoning Classitkation ~ 2. 6. Comprehensive Plan Fatare Land Use designation
7.
8. Size of Parcel /l~/1~ Ili ,f/~'1~r~ ~~ / 9. Utility Provider L/ T B B ~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 sad snecificaily
describing how the request complies with_~e Conditions necessary for the City Commission to saarove this
nest. Please use second page if additional space is needed.
AGENDA ITEM # 8B
MAY 26, 2009
11. Provide all of the following information:
a. Proof o[ ownership. If the applipnt is not the owner, a letter of authorization from the owner(s) for
applicant to represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
G Reqaired number of copies (2)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or tyl
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Mailing Address:
Phone: 901 a~G a~io Faz: E-mail: GC/J~10~/ /1~® ~I~CRST. /~~
Additional comments:
Ref: April 6109 letter R.Carper/E.Morin Re: Header curb Inst. in city right of way on 18 th St.
1. I was unaware of requirements addressing driveway repairs And property retention curbs
bus left these matters to the eontnctor who Las mach work a with the city.
2. The 60 ft, cart was my solution to the never dig i>ecursio>m onto the lawn by vehicles
from the ~Beaeh Access Parking" which either uaifalo~wingly or in some caaca malicioasly
destroyed ~e turf and/or the irt~igation system . This had gotten to the level of major
ezpense on my part for landscape and e'Irigatioe repairs .
3. City Inspectors visited the site on isumera-~ oocaWO>.s to inspect rise worjc aueld on ene
oeeaaion instructed the contractor to deepen the ezcavatio>s fer the curb another 6". He
also iostracted the contractor to incrrauc fire KRc-bar" conteldtt . A last n~iantc check was
made with the city inspector who gave tie OK b poor the curb.
4. The style of the curb resclnbles tie "retention ptriac'~ that the city d ~ the area's
oat ~ front of City HaII / Fitsafpolice Stations -ialauds
S. TLe Railroad Ties had deteriorated to sack s state tLAt not only wen they a hazard but
that tiey degraded the aesthetic look of the area .
6. TLe "River Stone" ores of the driveway was replaapd wits concrete becaase fife loose
stones migrating on#o the stmt p~ted s Ord to strateboarders and bicyclists should
they encoas-ter one .This was made part of the driveway repairs • ,2.2ooi
AGENDA ITEM # 8B
MAY 26, 2009
01 li4ei st errM tie iaMtr~ dire li.B:'11iee l+Hi wldei rsislaised fie iatepihr dt tre
laws . I rspiaad free 11r ere es•rat+e ores sia~oe I feet s~ foa "1992°'
(2) suQ+amdiog Laos a ~ dre pc+aparty dispsrafely from neaby
,,.,o.,.,.ii-~ _ -
Dara~e fo i~we ssl~ irriptisw ~ d+am •d~iela otettrri~ tie "bait ~"
1ZR.Ties.. I ar aaMe is eodi~e fiese e~et fie os^sdart i^Rrai~ d baeria= art
of tie path lua . Tiffs ~ Arb wlfi ptsvest flsrtl~et ~ .
L.l (j) qI me 1+Oa1001b1C 1186 o2 ttiG p[apOtCy 88 ~D OUbC[
pROpOltiES I!i tjfE at+L'e.
(4) ona+ous e~oct of ~cnected after gla~bting ar ai~er develuptneat of We pcopaty or a5er
oonst<ucdan of ' ffio
parl~rry;" was is~iera~ted sort ti0e (? ? aita~ I
patciased tre property is `19t:7"
BP255U02
CITY OF ATLANTIC BEACH
Application Tracking Action Log Maintenance
AGENDA ITEM # 8B
MAY 26, 2009
Application number : 09 00000376
Application type RIGHT-OF-WAY PERMIT
Address 1849 SEMINOLE RD
Revision/Path/Step/Seq/Agency: A 01 00 PUBLIC WORKS
Type information, press Enter.
Action date 3/23/09
Action by LS LISA SHOWMAN
Action code FR DISSAPPROVED - 1ST REVIEW
Time spent (hours) .00
Correction report item Y Y=Yes, N=No
1 Add nem comment 2=Chang® comment 4=Delete comment
Opt Seq Comments
_ 1.00 Provide erosion and sediment control plans with
installation details and maintenance schedule.
_ 2.00 Provide construction site management plan, including
Right-of-Way Permit if using right-of-way for construction
parking.
_ 3.00 Provide measurements, type and sketch of work proposed.
F3=Exit F9=Add standard comment F12=Cancel
'~~
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AGENDA ITEM # 8B
MAY 26, 2009
E~~ ~ t CITY OF ATLANTIC BEACH
'~ CONSTRUCTION PERMIT WITHIN CITY RIGHTS OF WAY AND EASEMENTS
iiil~
800 Seminole Road 904247-5800
~'.. ~~#? Atlantic Beach, Florida 32233-5445 Fax 904247-5845
PLEASE SUBMtT (3) COMPLETE SETS OF PLANS WITH APPLICATIONS j
PERMIT #
Job Address ~,~~~ ~~,~'~'~'~~:.°' ISSUED BY THE CrrY
Permitee: _~ r; ~ x~ .;_~,;~~,; ~,,,~ Telephone # ~-~.,`-t/ ~ ~~,~ J 1,~
Permittee Address:l/(~ S ~~ ~,~{ ~~„ ~, ,~ ~, ~ nom, ~ ~ .~ ~ ~ ~
Requesting Permission to Construct: ~~''~~,;,w,, ~, } _~,•
V ~
Location: (Reference to Cross-Street) ~,.,,,,,- ., F / y~''~ ,~ ~'
a
1. Applicant declares that prior to filing this application he has ascertained the location of all existing utilities,
both aerial and underground and the accurate locations are shown on the sketches.
A Letter of Notification was mailed to the following UtilitieslMunicipalities:
Jacksonville Electric Authority Yes ( ) No ( ) Date:
Bell South Telephone Company Yes ( ) No ( ) Date:
Ferrell Gas Yes ( ) No ( ) Date:
Comcast
Yes ( ) No { ) Date:
2. Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation,
alteration or relocation of all, or any portion of said street or easement as determined by the Director of Public
Works, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized
hereunder, shall be immediately removed from said street or easement or reset or relocated hereon as
required by the Director of Public Works, and at the expense of the Permittee unless reimbursement is
authorized.
3. All work shall meet City of Atlantic Beach or Florida Department of Transportation Standards and be
performed under the supervision of ~ s,,,/ G~~,,,,,,~,-, ~ (Contractor's Project
Superintendent) located at ~ Telephone #: ~,! `~ ~-~~;~ ~ ,~
4. All materials and equipment shall be subject to inspection by the Director of Public Works or his designee.
5. All city property shall be restored to its original condition as far as practical, in keeping with city specifications
and the manner satisfactory to the city.
6. A sketch of plans covering details of this installation, as well as, a copy of a recent survey shall be made a
part of this permit Calculations showing any increase in impervious area on owner's lot or in the city
Right of Wav are to be included with this application
7. This permittee shall commence actual construction in good faith with days. If the beginning date is
more than 60 days from date of permit approval, then permittee must review the permit with the Director of
Public Works to make sure no changes have occurred in the area that would affect the permitted construction.
8. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the
City's right, title and interest in the land to be entered upon and used by the holder, and the Holder will, at all
times, assume all risk of and indemnify, defend, and save harmless the City of Atlantic Beach from and
against any and all loss, damage, and cost of expenses arising in any manner of the exercise or attempted
exercises by the holder of the aforesaid rights and privileges.
9. The Director of Public Works shall be notified twenty-four (24) hours prior to starting work and again
immediately upon completion.
OWNER
Signed: ~~"'
Before me this _
State Of Florida,
Notary Public at
My commission ~
SHIRLEY L. GRAHAM
Notary Public -State of Florida
rly Commission Expires Feb 14, 2011
Du~l!~'ssion ~ DD 518533
Bonded 8y National Notary Assn.
Known:
Produced
AGENDA I"Tf;M ~ 8H
MAY 26, 2009
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AGENDA ITEM ft 8B
MAY 26, 2009
AGENDA ITEM # 8B
MAY 26, 2009
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