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LOCATION: , 7516 Atlantic Beach, ET. 32233
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ATLANTIC BEACH,FLORIDA 32233-5445
sl TELEPHONE:(904)247-5800
FAX:(904)247-5805
SUNCOM:852-5800
http://ci.atIm1ic-beach.D.w
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August 7,2003
Mr. Craig Sutton
C/O Mr:Paul Eakin,Attorney at Law
599Atlantic Blvd, Suite 4
Atlantic Beach, FL 32233
Dear Mr. Sutton,
The purpose of this letter is to clarify your position in regard to your recreational boat in relation
to City Code: Chapter 24, Section 24-163 (2�Storage and parldng of vehicles and
equipment.
In May Of 2001, you requested a variance for the parking/storage of your recreational boat,
which was denied by the Community Development Board,consequently your appeal was also
denied, and you agreed to maneuver your boat in such a manner as to satisfy the City Code. Yet,
your boat has been observed to be in violation on numerous occasions and you've been issued 4
Courtesy Notices since agreeing to properly park/store your recreational boat in accordance with
City Code. These blatant violations to a code that you are quite familiar with cannot be ignored.
You are once again reminded that all parts of your recreational boat and its trailer must be kept
15 feet behind the edge of the road. This is the required 15-foot setback,per City Code, as
previously confirmed by your attorney, Mr. Paul Eakin and myself using a copy of the property
survey that you provided.
You are hereby notified that you will no longer be given courtesy notification, nor time to
correct,but rather future violations will result in Code Enforcement Action before the Code
Enforcement Board, which can levy fines of up to $500.00 per violation,per day.
If you have any questions concerning this matter,you can contact me at (904)247-5855
ALEXANDER 1. SHERRER
Code Enforcement Officer
C: Public Safety Director
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AGENDA
COMMUNITY DEVELOPMENT BOARD
CITY OF ATLANTIC BEACH
May 15, 2001
7:00 p.m.
1. Call to Order
2. Approval of Minutes of Meeting of April 17,2001
3. Recognition of Visitors
4. Old Business
a. Application for Variance filed by Kevin Byrnes to replat property and request a
variance from Section 24-105(d)(3), lot depth, for Lots 42, 44 and 46, Block 10,
Plat No. 1, Subdivision"A."
5. New Business
a. Application for Variance from Section 24-105(e)(2)filed by Robert Theis to
decrease the rear yard setback at 405 Seminole Road.
b. Application for Variance from Section 24-105(e)(3) filed by Robert Henderson to
decrease aide yard setback at 159 11" Street.
c... Application for Use by Exception filed by Brian D. Christy to operate a plumbing
contractor business in CG zoning at 1651 Mayport Road.
d. Application for Variance from Section 24-163(2)filed by Craig Sutton to allow
boat to be stored in front yard setback area at 1746 Beach Avenue.
e. Request from City Commission to determine if 50%landscaping requirement
should be lowered.
6. Reports and Announcements
a. Metropolitan Planning Organization report on Jacksonville Area Transportation
Study.
b. Report on MayportFlyover/Plaza Road issues
7. Adjournment
If any person decides to appeal any decision made by the Community Development Board at the
above meeting, he will need a record of the proceedings, and for such purpose, may need to
ensure that a verbatim record of the proceedings be made, which record shall include the
testimony and evidence upon which appeal is to be based.
Minutes of Community Development Board
May 15, 2001
Page 4
Mr. Grunwald moved to withdraw the motion; Mr.Frohwein seconded the motion.
Mr. Grunwald moved to recommend to the City Commission the approval of the Use by Exception
subject to the following:
1) To grant the use by exception to this applicant only;.
2) that the applicant construct a 6-foot privacy fence so that the neighbors cannot see through
it;
3) that the hours of operation be limited to 7:00 a.m. to 7:00 p.m.with the exception of
extenuating circumstances that require minor work; and -
4) that the lighting be deflected away from the residents.
Mr.Frohwein seconded the motion, which motion passed by unanimous approval.
Mrs.Walker reminded Mr. Christy that he is not allowed any outside storage.
d. Application for Variance from Section 24-163(2) filed by Craig Sutton to allow boat to be stored
in front yard setback area at 1746 Beach Avenue.
Mr. Paul Eakin introduced himself and stated that he was representing this application on behalf of Mr.
Craig Sutton. Mr. Eakin stated for the record that Mr. Sutton was in attendance.
Mr.Eakin distributed 13 photographs of the property to the Board. Mr. Eakin advised that on April 6,
Code Enforcement Officer Alex Sherrer cited Mr. Sutton for violation of Chapter 24, Section 24-163(2)
that states you can park your boat trailer behind the front yard building line. Mr. Eakin stated that Mr. -
Sutton has been parking his boat for the past 11 years in the same position on the same property as it
appears in the photographs. He further stated that the front yard building line is 20 feet in from the lot
lin or the legal boundary line.
Mr. Eakin advised that the special conditions and circumstances that exist that are peculiar to this Land,
structure or building involved, which are not applicable to other land, structures or buildings in the same
district, in that this situation occurs on Beach Avenue and where it occurs on Beach Avenue. He advised
that the boat in question is situatedon the south property line and there is a chain link fence along the
neighbor's property that prevents Mr. Sutton from moving the boat further back. Mr. Eakin stated that
when this boat is backed completely against the fence, it exceeds the setback requirements by
approximately 12 feet. He further stated that the property to the south of the building is 8 feet 6 inches
wide and the property to the north side of the building is 7 feet wide;therefore,neither side will
accommodate the boat which is 10 feet wide.
Mr.Eakin stated that Code Enforcement Officer Alex Sherrer advised him that there are through lots in
this district and if this boat and house were located on one of the through lots, Mr. Sutton would be
allowed to park his boat next to the street at the back of the lot. He further stated that the way the
ordinance reads,there is no rear yard setback that applies to the parking of boats.
Mr. Eakin stated that the photographs also demonstrate that due to the natural vegetation on the south
boundary line of the property and that the street is one way,you do not see the boat until you are almost
past it. Mr. Eakin noted for the record that he is act aware that anyone in this neighborhood has shown up
tonight in opposition to grant this variance request.
Mr. Eakin summarized that the lot is odd shaped, it is located on Beach Avenue,it is a ane-way street,it
hasnatural vegetation and there is no other place to park the boat. Mr. Eakin advised that to try to .
. . . a .
Minutes of Community Development Board
May 15, 2001
Page 5
enforce the literal interpretation of 24-163(2)would deprive Mr. Sutton of the same or similar rights of
property owners in the same zoning district that do not live on Beach Avenue,that do not have an
indentation in their side yard or that own a through lot. -
Mr. Eakin stated that Mr. Sutton could legally park his boat in the front yard if he turned it north/south
instead of hiding it behind the natural vegetation line east/west. He further stated that as a neighbor,Mr.
Sutton has done a wonderful job to not take advantage of the way the Ordinance reads by parking the boat
north/south. Mr. Eakin said that this situation has existed for I 1 years at this address and would request
that the Board give special consideration to this request.
Mr. Sutton stated that the uniqueness of this situation is the visual barrier,the one-way street, and the
hardship in the way the properties have been designated or divided.
Ms. Pillmore stated that she would like people to be able to park boats in their from yards.
Mr. Sutton stated that he respects the area.and has been a long time resident. He said that he thinks them
are a lot of situations where boats are parked in yards and are very unsightly. He further stated that he
does act want to be in that category and hoc acted in that manner for the last 11 years.
Mr. Frohwein moved to deny the request for variance. Mrs.Walker seconded the motion.
Mr. Grunewald suggested swinging the tongue of the trailer to the north and parking the boat at an angle.
Mr. Eakin responded that it would still have an aesthetic impact.
Mr. Eakin stated that the difference between this lot and the Section H case that cache before the Board
recently is that through lots exist in this neighborhood but not in Section H. He further stated that if Mr.
Sutton had act sold the lot behind him, he could legally park the boat on Ocean Grove. Mr.Wolfson
responded that it was Mr. Sutton's decision to replat the lot and sell the portion on Ocean Grove that
made it a through lot. He further stated that it is a replatted lot and,therefore,does not constitute a
through lot.
Mr. Frohwein stated that he does act see uniqueness in this situation. He said that it is an irregular lot
size but its narrowest dimension is wider than the common lot size of 50 feet in Atlantic Beach and that
the front of the lot is even wider. He further stated that he thinks the motion upholds the intent of the
Code and does not deprive the applicant reasonable use of his property.
Mr.Wolfson advised that the Board is in the process to revise Chapter 24. He stated that he finds it
difficult to grant a permanent change for the sake of a vehicle or a boat. He further stated that there is an
basis to grant a permanent change to this property at this time since the Commission is reviewing and
considering a change to the Code.
A vote was taken and the motion denying the variance request passed by unanimous approval.
a. Application for Variance from Section 24-105(e)(2) filed by Robert Theis to decrease the rear
yard setback at 405 Seminole Road.
Mr. Frohwein advised that the applicant revised his application to reduce the size of the proposed addition
from 12 feet to 7.5 feet. Mr. Theis advised that he would project 2 feet into the rear yard setback with this
reduced request.
I` APPLICATION FOR VARIANCE
NEXT MEETING DATE: FILING DEADLINE:
PLEASE TYPE OR PRINT IN INK APPLICATION FEE $75 . 00
TO REQUEST A VARIANCE FROM THE REGULATIONS INDICATED HEREIN, THE
APPLICANT MUST SHOW THAT THERE ARE UNNECESSARY HARDSHIPS IN
CARRYING OUT THE STRICT LETTER OF THE CODE.
Paul M. Eakin., Esquire Craig M. Sutton
Applicants Name Owners Name
599 Atlantic Blvd . , Ste . 4 1746 Beach Avenue
Address Address
Atlantic Beach , FL 32233 Atlantic Beach , FL 32233-5847
City, State , Zip City, State , Zip
Telephone : ( 904 ) 247-6565 Telephone : (904 ) 241-7366
Street address and legal description of subject property: Note:
Copy of deed and survey or plot plan indicating proposed
construction must be attached.
Street address is 1746 Beach Av@nue , Atlantic Beach , FL . - Legal
description is that shown on copy of survey attached hereto and
incorporated by. reference .
Zoning classification of property: RS-2
Section of code from which variance is sought: Chapter 24 , Section
24- 163 (2 )
Describe variance requested:
That the boat and boat trailer of Craig M. Sutton be allowed to
remain parked in its present location , where a boat of its size
has been parked for the past eleven (11 ) years .
Supporting data which should be considered by Board:
The configuration of the lot ; the photographs submitted herewith ;