Amended Item 3A- Waiver 16-SAFW-241AGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Waiver No. 16-SAFW-241.
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
Request for a Waiver to allow a finish floor elevation of 6.75 feet, in lieu of
the minimum 7.5 feet as required by Code of Ordinances, Section 24-251(c),
at 1201 Gladiola Street.
SUBMITTED BY: Dan Arlington, Building Official ~
DATE: November 8, 2016
STRATEGIC PLAN LINK: None
BACKGROUND: A Building Permit was issued, subject to a FFE of 8.5 ft. 7 .5 ft. is the
minimum acceptable. Apparently, there was a miscommunication
between the builder and the surveyor. The surveyor provided a
benchmark at 6.60 ft., to which 1.9 ft. should have been added to
achieve 8.5 ft. The builder believed that the benchmark was the actual
FFE and built only slightly higher (6 .75 ft.)
This dwelling is in an AE Flood Zone, with a minimum Base Flood
Elevation (BFE) of 5 ft. The minimum BFE will be raised to 6 ft. with
the new FEMA maps . The as-built FFE of 6 .75 ft. is above the new
BFE and complies with current and future FEMA requirements.
The 6.75 ft . FFE does not comply with local Ordinance, Section 24-
251(c). The minimum FFE in Atlantic Beach is 7.5 ft. and an
additional 2.5 ft. (Freeboard) is required above the FEMA BFE in a
flood zone. Both provisions result in a minimum 7.5 ft. FFE.
The as-built FFE is .75 ft. (9 inches) too low, per COAB, Section 24-
251 (c). The Applicant is seeking relief from this requirement.
Note: Section 24-251(c) actually states "All lots and building sites
shall be developed such that habitable space is constructed at a
minimum finished floor elevation of eight and one-half (8.5) feet
above mean sea level...". This Section was written in 2010, using
Vertical Datum National Geodetic Vertical Datum of 1929 (NGVD,
1929). The current FEMA maps, effective June 3, 2013, changed the
vertical datum to Nmih American Vetiical Datum of 1988 (NAVD,
1988). The "8.5 feet" specified in COAB Code is in NGVD, 1929.
The conversion from NGVD to NAVD is -1.09 feet. For ease of use,
we specify 8.5 feet, NGVD is equivalent to 7.5 feet, NAVD.
BUDGET: None
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
RECOMMENDATION: To approve Waiver No . 16-SAFW-241, allowing a Finish Floor
Elevation of 6.75 feet, at 1201 Gladiola Street, in lieu of the minimum
7.5 feet , required in Code of Ordinances , Section 24-251(c); subject to
an updated Application for Waiver, signed by Mark F. Yaranon and a
fully executed Release Agreement, dated 11/08116, signed by Yaranon
and the Navy Federal Credit Union.
ATTACHMENT: Copy of Application for Land Development Regulations Waiver No.
16-SAFW -241 and COAB , Section 24-251; Photo of subject dwelling
with high-water mark, taken on October 8, 2016; draft Release
Agreement, dated November 8, 2016.
REVIEWED BY CITY MANAGER:_..:.....Pf...:..__c -~....=.a=-=4 ~~:....._C:LJ.=::...."-.. __ _
Sec. 24-251.-General requirements.
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
All required improvements shall be designed by a Florida registered professional engineer.
Construction plans shall be prepared in accordance with applicable local, state and federal standards.
Construction plans shall be approved by the city prior to construction of improvements, and issuance of a
building permit shall constitute approval to commence development. The requirements within this division
shall apply to all improvements and all development, as set forth herein, including improvements within
subdivisions, planned unit developments, approved site plans, and any other development projects,
including individual lots and parcels, where applicable . Construction plans shall address each of the
following requirements and shall provide sufficient information to demonstrate compliance with all
applicable requirements of these land development regulations, the Florida Building Code and any other
applicable state or federal regulations.
(a) Conformity to city policies. The division and development of land subject to these regulations shall
be in conformance with the goals, objectives and policies of the comprehensive plan as well as
all other applicable local, state and federal requirements regulating the division and development
of land .
(b) Use of natural features. The arrangement of Lots and blocks and the street system shall make
the most advantageous use of topography, shall preserve mature trees, other natural features
and environmentally sensitive areas, wherever possible.
(c) Soil and flood hazards. A final subdivision plat shall not be approved unless all land intended for
use as building sites can be safely and reasonably used for building purposes without danger
from flood or other inundation, or from adverse soil or foundation conditions, or from any other
menace to health, safety or public welfare . In particular, lands that are within the 1 00-year flood-
prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance
Administration, shall not be subdivided and developed until proper provisions are made for
protective flood control measures and stormwater management facilities necessary for flood-free
access to the sites . All lots and building sites shall be developed such that habitable space is
constructed at a minimum finished floor elevation of eight and one-half (8 .5) feet above mean sea
level or with two and one-half (2 .5) feet freeboard, whichever is greater.
Flood protection provisions shall be approved by the designated administrative official to assure
that fill or grade level changes will not alter the natural drainage or adversely affect other areas
downstream through added runoff or adverse impacts to water quality.
(d) General construction methods. All design and construction methods shall conform to the
requirements of these land development regulations and all design and construction standards
referenced therein including, but not limited to: Florida Department of Transportation Drainage
Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform
Minimum Standards for Design, Construction and Maintenance of Streets and Highways.
(e) Paving and drainage engineering plans shall demonstrate compliance with the stormwater
management provisions of section 24-66 of these land development regulations depicting all
necessary elevations, treatment of intersections, design grade of pavement, the width of right-of-
way, width and type of pavement. Topographic information depicting existing and proposed
ditches, swales, major drainage channels and other drainage facilities and systems shall also be
provided.
(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces , curbs,
swales, canals, shoulders, slopes, drainage structures and other items of major construction .
(2) Profile sheets of all Streets and underground structures to be constructed, together with
elevations shown for existing streets and utilities .
(3) A written design recommendation for asphalt and base course designs prepared by a Florida
licensed geotechnical engineer based on field testing of existing soils . Said design
Page 1
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
recommendation shall be submitted prior to the commencement of any street construction
or any construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers will be
required to prevent erosion and displacement of soil or sand, and shall be shown on paving
and drainage engineering plans, and shall be inspected and certified by a qualified erosion
and sediment control inspector prior to the commencement of any land clearing or
development.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
Page 2
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER
City of Atlantic Beach · 800 Seminole Road ·Atlantic Beach, Florida 32233
Phone: (904) 247-5826 · FAX (904) 247-5845 · http://www.coab.us
Date ~;'-"'0:::....<)....:-'1-=-D.:.....:./;___;:(;;:;._ .. __ FileNo.\,_ S~F,...f• 2..~\ Receipt _______ _
Section 24-46 (d) permits tbe City Commission to authorize limited Waivers, on a case-by-case basis, from a
specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with
such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of good cause, and
upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, wbicb conforms to
the general intent and spirit of these Land Development Regulations. In considering any request fo1· a Waiver
from these Land Development Regulations, the City Commission mayf r~u1~~'jll)!!l~s;flffl!!OJ!!4~te to
ensure that the intent of these Land Development Regulations is enfo~Jfd,.j l~,:1"'~Walv~ba11it'utf:::_l)l~clffY' any
requirement or term customarily considered as a Variance or any ~Ji1 lfement or term prolii~ite~l as a
Variance, and shall be considered only in cases where alternative admin~~ t,ve R_rocedures are not sbt for the
within the City Code of Ordinances. I u cr 1 4 ?016 II j:
L /1
1. Applicant'sName \3t!_OU ?ufne{ J , ___ ~~~-----~d
2. Applicant's Address J.2 486 £ f, C!._J(lt2o /, ~ P t?J_ \[,qc)(<S'D'7ll,'/7& .. ;7/_ c':l.Q;<;:l 5"
lc20I 01-&d,'o/a .Sf, .df/an-A't? 73ecu!l. 3. Property Location
4. Property Appraiset•'s Real Estate Number ---f/_71-L~--"'0::..:2~7.__~0"'--""0"-"0~0::.__ _____________ _
5. Cun·ent Zoning Classification Jf f ' 6. Comprehensive Plan Future Land Use designation ___ _
7. Requested provision(s) from which waiver is sought: floJ p 0 £' C\ol .'r'lelVT('C' $t?d)t~-l -R q. a~--1 {e_)
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8. Size ofPat·cel '70 ')(/DO 9. Utility Pt•ovidet· ~3.'-'-'Z,;c.__ -!..-'//!__ ____ '-= __ _
10. Pa·ovide all of the following infot·mation:
a. Proof of ownet•ship (deed Ol' ce1·tificate by lawyer· Ot' absta·act company Ol' title company that vetifies l'eCot•d
owner as above). If the applicant is not the owner, a lettet• of authorization from the ownet·(s) for applicant to
t·epresent the owner fot· all purposes t•elated to this application must be provided.
b. SUJ·vey and legal desCI'iption of lH'operty.
c. Requit'ed numbet· of copies (2)
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMA TlON PROVIDED WITH THiS APPLICATION IS CORRECf:
Signature of ownet·(s) ot• authorized person if owne•·'s authorization fot•m is attached:
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION
Name: ~(!0 71 j)U 7-t?c:?.-}
MallingAddt·ess: /d.. Lf (56 c;f. f2JCIR6J,~p /?{l Q..-1-ch,SD•1v.:J~ 7/. 0Q.::i.:J!:J
Phone: 901{-;S't(5-53~0Fax: ________ E-mail: tspu·lne .. /@ he/&uf< ,--ve·f
10. Statement of facts and any special reasons for the requested Waiver9 which. demonstrates compliance with
Section 24-46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically
describing how the request complies with the Conditions necessary for the City Commission to approve this
request. Please attach additional pages if needed.
------------------~~---···· -··----~
Dear Commissioners
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
Thank you for taking time to hear my request for waiver. I
recently built a house located at 1201 Gladiola St. I was attempting to
get the Certificate of Occupancy when I discovered I had overlooked a
city ordinance for the finish floor to be above FEMA requirements.
The finish floor is 1-1/2 feet above FEMA requirements but 8" below
Atlantic Beach ordinance. This was an oversight on my part but was
not done intentionally to break any ordinance. Please grant me a
waiver for this huge mistake I made. With the recent hurricane, and
all the high water we had the water level at its highest point was 2'
below finish floor.
Thank you for your time.
10/10/16
Scott Putnal
~jf~~~
Scott Putnal
From:
Date:
To:
"Arlington, Daniel" <darlington@coab.us>
Wednesday, October 12,2016 11:33 AM
"Scott Putnal" <sputnal@bellsouth.net>
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
Cc: "Reeves, Derek" <dreeves@coab.us>; "VanLiere, Nelson" <nvanliere@coab.us>; "Jones, Mike"
<mjones@coab.us>
Subject: 1201 GladioJa
Scott Putnal
Re: 1201 Gladiola St.
Atlantic Beach, Florida
Mr. Putnal,
The purpose of this letter is to fully describe the situation at the referenced address, with all of the facts in one
place, and the best path to solving the problem.
This single-family residence, Building Permit 15-SFR-2439, is located at 1201 Gladiola St.
This location is found on FIRM Panei12031C0408H, effective date: 6/03/2013, and is shown
in an AE-5 Special Flood Hazard Area (SFHA), BFE: 5 ft.
The revised, preliminary FIRM designates this location as AE-6, with the new BFE: 6ft.
The Freeboard in the City of Atlantic Beach is 2.5 ft., per Code of Ordinances, Section 24-251(c).
The building permit was issued, subject to a minimum Finish Floor Elevation (FFE) of 8.5 ft., calculated as
follows: 6.0 ft. + 2.5 ft. == 8.5 ft. (Minimum FFE)
Your recent "as-built" survey shows the FFE = 6, 75ft.
The new BFE= 6ft. was used knowing that this will soon be the future BFE, but BFE=5 ft. can still be used during
the transition period. Using BFE=5 ft., the following calculation can be used: 5.0 ft.+ 2.5 ft.= 7.5 ft. (Minimum
FFE), Per COAB, Section 24-251(c), 7.5 ft. is also the minimum FFE allowed anywhere in Atlantic Beach.
In summary, the FFE of this home is above the current FEMA BFE of 5 ft. and the future FEMA BFE of 6ft., but
below, both, the City minimum FFE and the required freeboard of 2.5 ft. for structures built in a SFHA.
The City has an agreement with FEMA and the National Flood Insurance Program (NFIP) that allows residents to
obtain Federal flood insurance. Granting this waiver may affect our standing with NFIP.
Additional research is needed to determine the consequences of this waiver for the City.
City Staff cannot approve this project with the as-built FFE; it must be reviewed by the City Commission through
the waiver process. Please find the Waiver Application at the following link and apply before October 24, for the
November 14 Commission meeting.
http:ljfl-atlanticbeach.civicplus.com/DocumentCenterNiew/1097
Sincerely,
Dan Arlington, CBO
10/13/2016
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AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
.::_~)(''{) Jl ~f)u /n c{ / is hereby authorized to act on behalf of
;::{ 11 ,,_, ~~ J /(y, ~ the owner(s) of those lands described within
the attached application, and as described in the tached deed or other such proof of ownership as may
be required by the City of Atlantic Beach in applying for a development permit.
BY:
Printed Name {
{/~d-.. ~-; V/i !/ ;) L) t
' Mailing Address
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""'"P,.--ho_n_e_____ Cell "' Fax Email
Stateof: f)DI,it.,UJ,_
Countyof: }){.,tV{)./
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I Signed and sworn before me on this / ·3 day of 2DI~~ ,by
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Identification verified:
Oath sworn: Jt! Yes
:p· { r t .
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My Commission expires:
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AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
DRAFT 11/8/2016
Prepared by and return to:
Brenna M. Durden
Lewis, Longman & Walker
245 Riverside Ave, Suite 150
Jacksonville, FL 32202
RELEASE AGREEMENT
This Release Agreement ("Agreement"), dated as of the __ day of _____ _
2016, is hereby entered into by MARK F. YARANON, an unmarried man, whose address is
1201 Gladiola Street, Atlantic Beach, Florida 32233 ("Yaranon").
RECITALS
WHEREAS, Yaranon is the fee simple owner of that certain parcel ofland located at 1201
Gladiola Street, within the City of Atlantic Beach, Florida, more particularly described as:
Lot 6, Block 211, Section "H", Atlantic Beach, according to plat thereof
recorded in Plat Book 18, page 34, of the current public records of Duval
County, Florida (the "Property"); and
WHEREAS, the single family residential structure ("Structure") constructed on the
Property has a finished floor elevation of six feet, nine inches (6'9"), North American Vertical
Datum of 1988 ("NAVD, 1988"); and
WHEREAS, Section 24-251 of the Code of Ordinances of the City of Atlantic Beach,
Florida, requires the finished floor elevation of the Structure to be seven feet, six inches (7'6")
NAVD, 1988; and
WHEREAS, the current minimum finished floor elevation under Federal Emergency
Management Act ("FEMA") requirements for the Property is five feet (5') NAVD, 1988; and
WHEREAS, the existing finished floor elevation of the Structure is above the minimum
NAVD, 1988 finished floor elevation mandated by FEMA requirements; and
00726923-2 1
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
DRAFT 11/8/2016
WHEREAS, Y aranon has provided evidence to the City that he has obtained flood
insurance coverage for the Structure; and
WHEREAS, in response toY aranon' s application to waive the requirements of Section 24-
251 of its Code and to allow a finished floor elevation of six feet, nine inches (6'9") NAVD, 1988,
the City has requested that Y aranon provide this Agreement to induce the City to approve the
waiver; and
WHEREAS, Y aranon has voluntarily agreed to provide this Agreement; and
WHEREAS, on the __ day of ___ , 2016, the City did conditionally approve
Y aranon' s waiver request, provided Yaranon executes this Agreement, joined in and consented to
by Y aranon' s lender, and records it in the current public records of Duval County, Florida.
NOW, THEREFORE, in consideration of the foregoing recitals, ten dollars ($1 0.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Yaranon agrees as follows:
1. The recitals set forth above are true and correct, form an integral part of this Release
Agreement, and are incorporated herein by reference.
2. Y aranon does hereby release and forever discharge, and covenants not to sue, the
City of Atlantic Beach, Florida, from any and all claims, injuries, demands, costs, penalties,
attorneys' fees, costs of litigation and causes of action of any kind whatsoever, now or hereafter
in existence, known or unknown, which Y aranon may have against the City and which are related
to events, omissions or circumstances arising from or related to the waiver approved by the City
for the Property, the finished floor elevation of the Structure or such other matters addressed in
this Agreement.
00726923-2 2
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
DRAFT 11/8/2016
3. This Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
4. Yaranon hereby submits to the jurisdiction of Duval County, Florida to enforce the
terms of this Agreement.
5. Yaranon affirmatively represents that he has had the opportunity to be represented
by independent counsel of his own choosing throughout all negotiations which have preceded the
execution ofthis Agreement and Yaranon acknowledges that he is satisfied with the representation
he has received.
6. Yaranon represents and warrants (a) that he has have availed himself of the
opportunity to secure independent legal advice concerning this Agreement and the terms contained
herein; (b) that his counsel has advised him of the legal consequences of the terms contained
herein, and of the alternatives and options hereto, the existence ofwhich is hereby acknowledged;
and (c) that this Agreement is given voluntarily and without duress or coercion.
7. In any suit or action to enforce or arising out of this Agreement or any of the terms
and provisions herein contained, the prevailing party shall be entitled to recover as part of its costs,
its reasonable attorneys' fees, including fees for paralegals, all collection costs and any costs,
expenses and fees for any administrative proceeding or appeal.
8. This Agreement is the result of the joint efforts and negotiations of the City and
Y aranon, with each being represented by legal counsel of its own choice, and neither Y aranon nor
the City are the author or drafter of the provisions hereof. Y aranon agrees that the rule of judicial
interpretation to the effect that any ambiguity or uncertainty contained in an agreement is to be
construed against the party who drafted the agreement shall not be applied in the event of any
disagreement or dispute arising out of this Agreement.
00726923-2 3
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
DRAFT 11/8/2016
9. This Agreement is binding upon Y aranon, his heirs, agents, successors, assigns and
all other legal representatives ofYaranon.
10. The invalidity of one of the covenants, agreements, conditions, or provisions of this
Agreement or any portion thereof, shall not affect the remaining portions hereof and this
Agreement shall be construed as if such covenant, agreement, condition, or provision had not been
included herein.
IN WITNESS WHEREOF, Yaranon has executed this Agreement on the date first
appearing above.
Witnesses:
Printed Name: -----------------------
Printed Name: -----------------------
MARK F. YARANON
an unmarried man
Acknowledged before me this ___ day of _____ , 2016, by MARK F.
YARANON, an unmarried man, who is personally known to me or produced identification
00726923-2 4
(Signature ofNotary Public)
(Print, Type, or Stamp Commissioned Name
ofNotary Public)
(Date Commission Expires/Serial Number
AMENDED AGENDA ITEM 3A
NOVEMBER 14, 2016
DRAFT 11/8/2016
MORTGAGEE JOINDER AND CONSENT
For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, the Navy Federal Credit Union, a corporation
organized and existing under the laws of the United States of America, ("Mortgagee"), the owner
and holder of that certain Mortgage dated October 21, 2016, in the original principal amount of
$276,925.00, given by Mark F. Yaranon, an unmarried man, ("Mortgagor") to the Mortgagee,
encumbering the real property more particularly described as follows:
Lot 6, Block 211, Section "H", Atlantic Beach, according to plat thereof recorded
in Plat Book 18, page 34, of the current public records of Duval County, Florida
(the "Property")
which is recorded in Official Records Book __ , Page , current public records of Duval
County, Florida (said mortgage, as may be modified is hereinafter referred to as the "Mortgage")
hereby joins in and consents to the granting of the foregoing Release Agreement, executed by
Mark F. Y aranon, an unmarried man, in favor of the City of Atlantic Beach, Florida, with the intent
that the Mortgage and Mortgagee's rights thereunder shall be subject to the Release Agreement.
IN WITNESS WHEREOF, this Mortgagee Joinder and Consent is made this __ day of
--------' 2016.
WITNESSES:
(Signature)
Print Name: -----------------------
(Signature)
Print Name: -----------------------
STATE OF _____ _
COUNTY OF -------
NAVY FEDERAL CREDIT UNION
By: ------------------------------(Signature
Print Name: -------------------------
Print Title: -----------------------
The foregoing instrument was acknowledged before me this __ day of ________ _
2016, by (print name), as of Navy
Federal Credit Union. He/She is personally known to me or has produced a
-----------------(state) driver's license as identification.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
00726923-2 5
(Signature)
Print Name: ------------------------My Commission Expires: _______ _