CE 342 Seminole 2010 (2) yL`l rw� 0Code Enforcement 0 Seminole Road
Department
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F `ss1 Atlantic Beach,Florida 32233
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;) Telephone(904)247-5800
FAX(904)247-5805
December 7,2009
John C.Lane ET AL
342 Seminole Road
Atlantic Beach,FL 32233
RE: Notice of Violation of Atlantic Beach Code of Ordinances, Section 24-106(b)- Residential, Single-
family Districts(RS-2)at property known as: 342 Seminole Road,Atlantic Beach,0-15 16-2S-29E,
RE# 170431-0000
Dear Mr.Lane;
Please be advised,Atlantic Beach Code Enforcement has found the property at the above referenced
address to be in violation of Chapter 24, Section 24-106(b)—Permitted uses per City of Atlantic Beach Code
which states"The Uses permitted within the RS-2 Zoning Districts shall be as follows.(1)Single-family
Dwellings."
This letter requests the noted violation be corrected by terminating the rental/lease agreement within 45
days from receipt of this letter. If the violation is corrected and then recurs or if the violation is not corrected
by the time specified in this notice this case may be presented to the Atlantic Beach Code Enforcement
Board even if the violation has been corrected prior to the board meeting.The Code Enforcement Board may
impose fines up to$250 a day for each day the violation is not corrected.
A re-inspection will be done on/or before January 20,2010. To avoid having this Code Enforcement
case set for hearing,all listed violation(s)on this notice must be in compliance on or before the date
established by Atlantic Beach Code Enforcement.Upon completing the corrective action(s)required,it is
your responsibility to contact Atlantic Beach Code Enforcement and arrange for an inspection to verify
compliance.
It is our goal to enforce the codes and ordinances of the City of Atlantic Beach and protect the health,
safety and welfare of the City,and accordingly,your cooperation in this matter is greatly appreciated.Please
contact Atlantic Beach Code Enforcement at 904-247-5826 if you have any questions or need additional
information.
Sincerely,
Eddie Lopez,Code Enforcement Officer
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Compliance Investigation Form
Investigation Date of Request: (q
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FACode Enforcement\Compliance Investigation Form.doc Oct 9 2009
all mean one or more persons,related by blood, adoption or marriage, living and cooking together
as a single housekeeping unit, exclusive of household servants and minor children under the age of eighteen
(18). Persons living and cooking together in a domestic relationship and as an integrated single
I housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a
Family, provided that such alternative definition of Family shall not exceed two (2) persons. The term
Family shall not be construed to mean fraternities, sororities, clubs, convents or monasteries, or other types
of institutional living arrangements.
Family Day Care Home shall mean as defined by State law. (See also Group Care Home.) Pursuant to
Chapter 166.0445, Florida Statutes, the operation of a residence as a Family Day Care Home registered and
licensed with the Department of Children and Family Services shall constitute a permitted residential Use
and shall not require approval of a Use-by-Exception.
Fence shall mean any horizontal Structure constructed of wood, vinyl, lattice, masonry, wire, metal or
similar materials for the purpose of enclosing, screening or separating Land. Open frames, open trellises, or
similar open landscape fixtures, designed solely to support landscaping and plant materials shall not be
construed as a Fence.
Flood shall mean a temporary rise in the level of a body of water inundating areas not ordinarily so covered.
Flood Frequency shall mean the statistically determined average for how often a specific flood level or
discharge may be equaled or exceeded.
Floodway shall mean the channel of a watercourse and portions of the adjoining flood plane, which are
reasonably required to carry and discharge the regulatory flood.
Floor Area shall mean the sum of the gross horizontal areas of all floors of a Building or Buildings,
measured from exterior faces of exterior walls or from the center line of walls separating two (2) attached
Buildings.
Foster Home shall mean any establishment or private residence that provides 24-hour care for more than
three(3)children unrelated to the operator and which receives a payment,fee or grant for any of the children
receiving care, and whether or not operated for profit.
Future Land Use, as used in this Chapter, shall mean the Future Land Use as designated by the adopted
Comprehensive Plan Future Land Use map,as may be amended.
Garage Apartment shall mean a Dwelling Unit for not more than one Family, which is combined with a
Private Garage, allowed only as set forth within Section 24-88. A Garage Apartment shall not be leased or
rented for periods of less than ninety(90)consecutive days. Only one Garage Apartment shall be allowed on
a residential Lot, subject to the provisions of Section 24-88. Garage Apartments shall remain in joint
ownership with the Principal Use Structure.
Garage, Apartment Building shall mean a Building, designed and intended to be used for the housing of
vehicles,belonging to the occupants of an apartment Building on the same property.
Garage,Private shall mean a detached residential Accessory Structure or a portion of the Principal Building
used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and
personal property belonging to the occupants of the Principal Building. A Private Garage may contain
sleeping quarters, electrical service and plumbing, but shall not contain a Kitchen and shall not be converted
to or used as a Dwelling Unit. No Home Occupation shall be conducted with a Private Garage, unless
approved in accordance with the provisions of Section 24-159. A carport shall be considered as a Private
Garage. (See Section 24-151 (b)(1) iv.)
Initial Effective Date: January 01,2002 10 Last amended October 26,2009
Ordinance Number 90-01-172 by Ordinance 90-09-211
Existing legally established Lots of Record may exist, which do not meet the above requirements.
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Lots created after January 01, 2002 must comply with the Minimum Lot Size requirements in order to
obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.)
(e) Minimum Yard Requirements. The minimum Yard Requirements in the RS-1 Zoning Districts
shall be as follows.
(1) Front Yard: Twenty(20)feet.
(2) Rear Yard: Twenty(20)feet.
(3) Side Yard: Seven and one-half(7.5)feet.
(f) Building Restrictions. Building restrictions within the RS-1 Zoning Districts shall be as follows.
(1)Maximum Impervious Surface: Fifty(50)percent.
(2) Maximum Building Height: Thirty-five(3 5)feet.
Sec. 24-106. Residential, Single-family Districts. (RS-2)
(a) Intent. The RS-2 Zoning Districts are intended to apply to predominately developed areas of Single-
family Dwellings with platted Lots that are smaller than those in the RS-1 Zoning District. All
Development of Land and Parcels within the RS-2 Zoning Districts shall comply with the residential
Density limitations as set forth within the adopted Comprehensive Plan for the City of Atlantic
Beach,as may be amended.
(b) Permitted Uses. The Uses permitted within the RS-2 Zoning Districts shall be as follows.
(1) Single-family Dwellings.
(2) Accessory Uses. (See Section 24-151.)
(3) Government Uses,Buildings and facilities.
(c) Uses-by-Exception. Within the RS-2 Zoning Districts, the following Uses-by-Exception may be
permitted.
(1) Churches, subject to the provisions of Section 24-153.
(2) Public and private recreational facilities not of a commercial nature and of a neighborhood scale
intended to serve the surrounding residential neighborhood.
(3) Schools.
(4) Home Occupations, subject to the provisions of Section 24-159.
(d) Minimum Lot Size. The minimum size for Lots within the RS-2 Zoning Districts,which are created
after the initial effective date of these Land Development Regulations, shall be as follows.
(1) Lot or site area: 7,500 square feet.
(2) Lot width: Seventy-five(75)feet.
(3) Lot depth: One hundred(100)feet.
Existing legally established Lots of Record may exist, which do not meet the above requirements,
These Lots may be developed subject to all applicable Land Development Regulations; however, all
Initial Effective Date: January 01,2002 48 Last amended October 26,2009
Ordinance Number 90-01-172 by Ordinance 90-09-211
Lopez, Eddie
From: Griffin, Michael
sent. Tuesday, December 22, 2009 2:29 PM
To: Hanson, Jim; Thompson, David
Cc: Lopez, Eddie; Doerr, Sonya
Subject: RE: Please help
Attachments: 342 SeminoleRD.pdf
FYI
I indicating Single Family
scanned into above file the 1. Complaint 2. Letter of violation sent 3. Zoning nth mornin The property
4.Definintion of Family 5. Photo of site with four vehicles parked m yard early i
has until Jan 20, 2010 to be in compliance. Let me know if you have questions.
Mike G.
From: John L. Fletcher, CPCU, ARM, AAI [mailto:]Fletcher @fletcherstein.com]
Sent:Tuesday, December 22, 2009 12:17 PM
To: Hanson, Jim
Cc:Thompson, David; Griffin, Michael
Subject: RE: Please help
Translated: he's up the creek...
From: Hanson,Jim [mailto:jhanson @coab.us]
Sent:Tuesday, December 22, 2009 11:44 AM
To: John L. Fletcher, CPCU, ARM, AAI
Cc: Griffin, Michael; Thompson, David
Subject: RE: Please help
John;
The City recently sent another letter to the owner notifying them of our ordinance prohibiting more than two unrelated
people living in one house.As you know, Mike Griffin took charge of Code Enforcement after Alex Sherrer retired. He
noted that the City recently received a complaint about the property and sent our new inspector to check it out. He
found that there are five unrelated people living at this address. Mike was unaware of the previous notice Alex
apparently sent in September or October. However, it is clear that Mr. Lane needs to comply with our Code or he will be
taken to the Code Board which can impose fines of up to$250/day for a first offence and up to$500/day thereafter.
If you need anything else,just let me know.
Jim
From: John L. Fletcher, CPCU, ARM, AAI [mailto:]Fletcher @fletcherstein.com]
Sent:Tuesday, December 22, 2009 11:25 AM
To: Hanson, Jim
Subject: FW: Please help
Jim:
Can you let me know what sort of enforcement activity(if any) has taken place on this property(342 Seminole)?
Thanks Jim!
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