Item 8A AGENDA ITEM # 8A
OCTOBER 25, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Violation of conditions attached to a Waiver from the Land Development
Regulations granted November 24, 2009 to permit certain business activities out -of -doors in the
Commercial General Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza.
SUBMITTED BY: Sonya Doerr, AICP Michael Griffin, CBO, CFM
Community Development Director Building Official
DATE: October 07, 2010
BACKGROUND: The above referenced Waiver from the Land Development Regulations was
approved by the City Commission in November of last year, subject to the following conditions.
• Business hours shall be limited to Monday— Friday, 8:OOam- 5:00pm, and specifically no
operation of any equipment that generates noise, dust or airborne particulate shall be permitted
outside of these times.
• Work bay doors on the rear side of the building shall be closed during business hours except for
intermittent opening limited only to the time required to move items in and out of the building,
and at all times, dust and particulate matter shall be contained within the building.
• Outside activities shall be limited only to the cooling of work pieces and temporary placement of
pieces awaiting customer pick -up.
The business owner, Mr. Harold Mathews, assured the City Commission that compliance with these
conditions would not present problems for the way he needed to operate his business. During the
recent months neighbors have started complaining about work on weekends and weekdays outside of
the permitted time and the amount of noise corning from the property with the rear roll -up door open.
City staff has consistently observed that the business is in violation of the above conditions. Building
Official Griffin has visited the site and has directly advised the business owner that he is in violation
of the above conditions, upon which Mr. Mathews became very argumentative with Mr. Griffin. A
subsequent meeting with the property owners has yielded no improved results. It is staffs opinion that
it is appropriate for the City Commission to consider revocation of the granted Waiver.
The above conditions were imposed with the intent of making this business acceptably consistent with
the stated Intent and the Permitted Uses in the Commercial General (CG) Zoning District. Without
adherence to these conditions, it is Staff's opinion that this business is not consistent with the CG
District and in violation of Section 24 -111 (a) and (b) of the Land Development Regulations.
RECOMMENDATION: Motion to rescind Waiver from the Land Development Regulations granted
November 24, 2009 Atlantic Powder Coating located at 57 West Plaza.
ATTACHMENTS: None.
REVIEWED BY CITY M •
October 25, 2010 regular meeting