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Certified Mail
May 5, 2009
City of Atlantic Beach Building Department
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5800
Fax (904) 247-5805
www.coab.us
Mr. and Mrs. John Morello,
1827 Tierra Verde
Atlantic Beach, FL 32233
RE: 2295 Oceanside Court, calculated average grade requirement
Dear Mr. and Mrs. Morello:
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This letter is in response to the survey created by All American Surveyors of Florida dated May 4, 2009,
signed and sealed by Michael A. Garrett, PSL, provided the City on May 4, 2009, for the above
property. The survey does not conform to City code as described in my letter to you dated April 10,
2009, which states in the definition of Average Calculated Grade that the grade "shall mean the average
elevation of the site, calculated prior to excavation, fill or Land balancing: ' It is my understanding from
our conference telephone conversation on May 4, 2009, with Sonya Doerr, City Planner, the survey was
created following the addition of fill to the site, which is not allowed by code.
Therefore, since the City has not been provided an accurate survey showing site conditions related
to the elevation of the property the City is revoking the current building permit as allowed by City
Code Sec. 6-17 (4) (a) which states, "The building official may revoke a permit of approval, issued
under the provisions of the code, in case there has been any false statement or misrepresentations
as to the material fact in the application or plans on which the permit or approval was obtained." A
new survey must be provided showing current elevations prior to any excavation, fill or Land
Balancing. Upon posting of the property, all work must stop until adequate information is obtained
to allow the permit to be reinstated. Please refer to my letter dated April 10, 2009, and provide a
survey of the property as indicated and required by City Code.
If you have any questions or need additional information, please let me know.
Sincerely,
Michael Gri , CBO, CFM
Building Official
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cc: Dean Davis, Contractor (Certified Mail)
Rick Carper, PE, Public Works Director
Sonya Doen-, AICP, Planning Director
David Thompson, Assistant City Manager
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3a„yes Hascn, City P,~u..°~~,-
Alan Jensen, City Attorney
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r ,. ` a 800 Seminole Road
"- Atlantic Beach, Florida 32233
•. ~, ~ , ~ r Telephone (904) 247-5800
~''i ~ Fax (904) 247-5805
www.coab.us
Apri110, 2009
Mr. and Mrs. John Morello,
1827 Tierra Verde
Atlantic Beach, FL 32233
RE: 2295 Oceanside Court, calculated average grade requirement
Dear Mr. and Mrs. Morello:
This letter is a follow-up to the meeting held Wednesday, April 8, 2009, and attended by Mrs.
Morello and City of Atlantic Beach staff, including myself, Planning Director Sonya Doerr, City
Engineer Rick Carper and City Manager James Hanson. As we discussed, the accuracy of the
Calculated Average Grade for the new dwelling currently under construction at 2295 Oceanside
Court is now in question. Issuance of the Building Permit was predicated on the assertion that the
Calculated Average Grade submitted as part of the review and permitting process was accurate.
Insomuch as there does seem to be a reasonable basis to request verification of the information
provided to the City, we ask that you please submit certified documentation to verify this
calculation. As discussed, there are two options, as indicated below, to accomplish this.
OPTION #1: Provide a copy of the original survey, as described by City of Atlantic Beach Code
Sec. 24-17 Calculated Average Grade (see attached), of the removed dwelling, which was certified
by a Florida Professional Land Surveyor (PLS), and demonstrating all elevation readings that
correspond to the one hundred (100) points included in the Calculated Average Grade matrix you
provided with your building permit application.
OPTION #2: Provide a new survey, as described by City of Atlantic Beach Code Sec. 24-17
Calculated Average Grade (see attached), certified by a Florida PLS, and consisting of one
hundred (100) points taken over the entire lot, as described on the attached page from the Land
Development Regulations, and provide new Calculated Average Grades for (a) all points spread
over the entire lot, and (b) all points located west of the Coastal Construction Control Line
(CCCL).
Please submit the product of either option by 12:OOpm on Monday, April 20, 2009. Upon receipt
and review of these documents, appropriate staff will make a determination as to whether or not
further design modifications are required in order for your structure to comply with the Atlantic
Beach maximum height restriction.
2295 Oceanside Ct (Morello)
May 9, 2009 page 2
Furthermore, it is strongly suggested that you continue construction with caution and consideration
that the currently approved height, may be found in error or may be found to be unsubstantiated by
required professional certification.
The City of Atlantic Beach staff is eager to have this matter resolved, and to that end, we offer any
assistance to you that is appropriate. However, failure to submit the required documents as
requested may result in the City of Atlantic Beach taking action to halt construction until this
matter is resolved. If you have any questions or need additional information, please let me know.
Sincerely,
~,//~
Michael Griffin, O, CFM
Building Official
cc: Rick Carper, PE, Public Works Director
Sonya Doerr, AICP, Planning Director
David Thompson, Assistant City Manager
James Hanson, City Manager
2
Garage, Public shall mean. a Building or portion thereof, other than a Private Garage, designed or used for
the parking, storage and hiring of motor vehicles. Public Garages shall be permitted only within commercial
and industrial Zoning Districts.
Garage Sale shall mean a temporary event for the sale of personal property in, at or upon any residentially
zoned property, or upon any commercially zoned property independent of any business licensed under this
Code to conduct retail sales upon such property. Garage Sales shall include, but not be limited to, the
advertising of the holding of any such sale, or the offering to make any such sale, whether made under any
other name such as yard sale, front yard sale, back yard sale, home sale, patio sale, rummage sale.
Government Use shall mean the Use of Lands owned by the Federal, State or local government used for a
purpose, which is related to governmental functions. Any Iawful activity is permitted without restriction.
Any Lands used by a government, which are converted to private ownership, shall comply with the
requirements of the particular Zoning District classification and the Comprehensive Plan.
Grade, Calculated Average shall mean the average elevation of a site, calculated prior to excavation, fill or
Land balancing. The average elevation of the site shall be determined. by superimposing a horizontal grid
composed of ten (10) equidistant lines by ten (10) equidistant lines, arranged such that the outer perimeter
lines shall be substantially aligned with the exterior Lot lines, over the existing site. At each of the
intersections of the lines of the grid, the existing grade elevation shall be determined by a registered Land
surveyor using standard practices. The average elevation of the site shall then be determined by adding the
one hundred (100) elevations as measured at the points of intersection of the grid together and dividing by
one hundred (100). This calculated average elevation shall be used for all determinations of Building heights
on that site and shall be recorded in the records of the City. Alternatively, and by mutual concurrence of the
property owner and the Building Official, on sites where the existing grade is predominantly flat, with few or
no variations of grade, the calculated average grade may be calculated by establishing the elevation at the
points of intersection of the exterior Lot lines plus one (1 } point at the approximate center of the property.
All points measured shall lie on or within the Lot lines of the property.
Grade, Developed Calculated Average shall be used for Lots with existing Structures or sites where a
Structure previously existed and no record or means of determining the Calculated Average Grade exists.
The Developed Calculated Average Grade shall be determined by superimposing a ten by ten grid of
elevation points aver the entire Lot. The average elevation of those points not lying within any portion of an
existing Structve shad be the Developed Calculated Average Grade for the purpose of Building height
measurements. Alternatively, and by mutual concurrence of the property owner and the Building Official, on
sites where the existing grade is predominantly flat, with few or no variations of grade, the Developed
Calculated Average Grade may be calculated by establishing the elevation at the points of intersection of the
exterior Lot Lines. All points measured shall lie on or within the Lot Lines of the property.
Grade, Finished shall mean the elevation of a site after all fill, Land balancing or site preparations have
been completed. Finished grade shall not be used in the calculation of allowable Height of Building.
Group Care Home shall mean any Dwelling, Building or other place, occupied by seven (7) or more
persons, including staff, whether operated for profit or not, which provides for a period exceeding twenty-
four (24) hours, one or more personal services for persons not related to the owner or administrator by law,
blood, marriage or adoption, and not in foster care, who require such services. The personal services, in
addition to housing and food services, may include but not be limited to personal assistance with bathing,
dressing, housekeeping, adult supervision, emotional security, and other related services but not including
medical services.
Guest House or Guest Quarters shall mean a Building or portion therein used only for intermittent and
temporary occupancy by anon-paying guest or family member of the occupant of the primary residence. A
Guest House or Guest Quarters shall not be converted to or used as a permanent Dwelling Unit, shall not be
rented for any period of time and shall not contain a Kitchen, but may contain a Kitchenette as defined
herein.
Initial Effective Date: January O1, 2002 11 Last amended Apri128, 2008
Ordinance Number 90-O1-172 by Ordinance 90-08-204