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Attorney
May 5,2011 •
ar iKa
The Honorable Mike Borno S' =,.
Mayor of the City of Atlantic Beach
800 Seminole Road •
Atlantic Beach, FL 32233
Re: Donald and Karen Wolfson
1725 Beach Avenue
ZVAR- 2011 -01
Dear Mayor Borno:
This firm represents Robert M. Clements, who owns the residence located at 1739 Beach
Avenue, Atlantic Beach, and the legally non - conforming lot of record located directly across
Beach Avenue from his residence. We are aware of the above - referenced variance sought by
•
Don and Karen Wolfson and the Community Development Board's recent denial of that
variance. We also are aware of an appeal of that denial which is scheduled to be heard by the
City Commission on May 9.
By this letter on behalf of Mr. Clements, we wish to express his support for the
Wolfson's variance application and to request that the City Commission approve the variance.
Additionally, we also wish to express Mr. Clements' very serious concerns regarding the
Community Development Board's Order. Denying Variance. The Order's broad and generic
findings, together with the minutes from the, March 15, 2011 meeting of the Community
Development Board, clearly express a change in the City's position relating to the potential use
of legally non- confollning lots of record along the west side of Beach Avenue.
This change in the City's position runs contrary to the report of the City's professional
staff which, based upon "exhaustive research" of precedents and applicable Code criteria,
recommends approval of the Wolfson's variance. As noted by the staff, the Wolfson's lot is a
legally non - conforming lot of record of substandard size "[1]ike numerous other lots in the
vicinity." Staff observes that several such lots have received variances. Staff also cites Section
24- 64(d)(6) of the Code, which specifically lists as grounds for approval of a variance,
"Substandard size of a lot of record warranting a variance in order to provide for the reasonable
use of the property."
The Honorable Mike Borno
May5,2011
Page Two
The Community Development Board's Order Denying Variance does not address the --
staff's report, the "numerous other lots in the vicinity" similarly situated, variances approved for
such lots, or the specific criterion for approval of a variance in Section 24- 64(d)(6). Rather, the
Order lists as grounds for its denial a series of general findings, none of which are unique to the
Wolfson's lot.
Thus, the Community Development Board's Order Denying Variance clearly expresses a
change in the City's position regarding legally non- confoiuiing lots of record along the west side
of Beach Avenue, a change which directly and adversely affects "numerous other lots in the
vicinity." The Order identifies no factual findings (competent substantial evidence) or legal
findings which, based on identified Code criteria, are unique to the Wolfson's lot and distinguish
it from other lots similarly situated and from such lots previously granted variances.
In my 28 years of practicing land use law in northeast Florida, it is my experience that a
local government should take great care to avoid actions which disregard the recommendations
of its professional staff, disregard applicable precedents, and disregard Code criteria. This is
especially true when a local government is preparing to act in a manner which directly and
adversely affects many other properties similarly situated. Such actions always result in costly
litigation and, where constitutional issues are involved, can result in further liabilities on the part
of the local government.
We urge the City Commission to follow the recommendation of its professional staff and
to approve the Wolfson's variance.
Very truly yours,
41 11111;(-
R. Hamlin, Jr.
TRH /rp
cc: Mr. Robert M. Clements
The Honorable John L. Fletcher
The Honorable Paul B. Parsons
The Honorable Carolyn R. Woods
The Honorable Jonathan Daugherty
Alan Jensen, Esquire
JAX \1520660_1 -2-
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