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Amended Item 6A Consideration of Termination of CM- Resolution No. 17-02 Amended Item 6A January 9, 2017 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING COMMISSIONER SUBMITTAL AGENDA ITEM: Consideration of Termination of the City Manager SUBMITTED BY: John M. Stinson, Commissioner, Seat No. 2 REPORT DATE: 29th of December 2016 BACKGROUND: The chronological timeline and associated data related to the recommendation to terminate the employment of the City Manager are as follows: 1) On the 9th of December 2016, the Planning Director, Mr. Andrew DeCandis approved an Administrative Variance Application for 1144 East Coast Drive approving setbacks less than required by Code; 2) On the 15th of December 2016, Commissioner Stinson cautioned the City Manager about such an action; 3) On the 16th of December, the City Manager met with concerned residents, Mr. DeCandis and as a matter of happenstance, with Mayor Reeves. Subsequent conversations with the residents indicate the City Manager committed to requesting the City Attorney review the staff’s interpretation of the Code; 4) On the 22nd of December 2016, Commissioner Stinson met with City Manager Van Liere. During the meeting, Mr. Van Liere asked to discuss 1144 East Coast Drive. Mr. Van Liere conveyed to the Commissioner that he had referred this issue to the City Attorney and the City Attorney did not agree with the staff interpretation of the Code. He commented it was his intention to refer the Administrative Variance Application to the Community Development Board. There may be other historical information, not presented in this chronology and not available at the time of the drafting of this report. JUSTIFICATION: The chronology is factual and supported by the attachments to this submittal. Amended Item 6A January 9, 2017 BUDGET: RECOMMENDATION: An Administrative Variance Application was submitted to the City at a date unknown. Approval of the request by former Planning Director Andrew DeCandis was made on the 9th of December 2016. Mr. Van Liere met with residents on the 16th of December 2016. At no time did Mr. Van Liere make known to the residents that approval had been granted prior to the meeting for the variance application, but rather misled the residents to believe the variance was still being considered and further, he would seek the City !ttorney’s legal opinion on the matter. At some time between the 16th of December 2016 and the 22nd of December 2016, the City Manager did in fact request a review by the City Attorney. The application however, had already been approved and apparently provided to the developer, thus causing the City to incur unnecessary legal expenses to review an action already taken by the City Manager and his staff. The City Manager’s actions are deceptive in that at no time prior to the legal review did the City Manager inform the City Attorney the variance had been approved or delivered to the developer. On the 22nd of December, the City Manager met with Commissioner Stinson. During this meeting, the City Manager stated that the City Attorney had reviewed the opinion of the Planning Director and the City Attorney did not concur with his interpretation of the Code. The City Manager stated that the variance application would be referred to the Community Development Board. At no time did the City Manager make known to Commissioner Stinson that the variance had been granted, nor that the approved variance had been provided to the developer. The City Manager’s statements related to sending the Administrative Variance Application to the Community Development Board to each party were knowingly dishonest and therefore justify disciplinary action. None readily identifiable. It is recommended for the City Commission to: 1) Terminate the City Manager effective immediately. Amended Item 6A January 9, 2017 ATTACHMENTS: 1) A copy of the Administrative Variance Application dated the 9th of December 2016 approved by Mr. DeCandis; 2) A copy of the email dated the 15th of December 2016 between Commissioner Stinson and City Manager Van Liere regarding 1144 East Coast Drive; 3) Copies of all emails between any elected official of the City of Atlantic Beach and / or City Attorney Brenna Durden, and / or City Manager Van Liere and / or former Planning Director DeCandis, originating after the meeting between the City Manager, the Planning Director, the Mayor and the concerned citizens, on or after the 16th of December 2016 and through the 28th of December 2016 related to 1144 East Coast Drive; 4) A copy of email correspondence between City Manager Van Liere and Commissioner Stinson dated the 23rd of December 2016; 5) A copy of the email between Mayor Reeves and D.R. Repass of December 2016 in which Mr. Repass as legal counsel for OSSI Homes presents an approved Administrative Variance Application dated the 9th of December 2016 to Mayor Reeves. 6) Resolution No. 17-02. PRESENTATIONS: None at this time. APPROVAL: Approved to form and correctness by: John M. Stinson, City Commission, Seat No. 2 - - - - - - - - - - - - - - - - - - A T T A C H M E N T 1 I t e m 6 A J a n u a r y 9 , 2 0 1 7 A D M I N I S T R A T I V E V A R I A N C E A P P L I C A T I O N C i t y o f A t l a n t i c B e a c h C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t 8 0 0 S e m i n o l e R o a d A t l a n t i c B e a c h , F l o r i d a 3 2 2 3 3 - 5 4 4 5 P h o n e : ( 9 0 4 ) 2 4 7 - 5 8 2 6 F a x : ( 9 0 4 ) 2 4 7 - 5 8 4 5 E m a i l : B u i l d i n g - D e p t @ c o a b . u s S e c t i o n 2 4 - 4 8 ( h ) a l l o w s l h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r t o a p p r o v e m i n o r d i m e n s i o n a l v a r i a n c e s n o t t o e x c e e d 5 % o r t h e c o d e r e q u i r e m e n t . S u c h v a r i a n c e s c a n n o t c h a n g e l o t a r e a , h e i g h t a n d p a r k i n g s p a c e s . 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A T T A C H M E N T 1 I t e m 6 A J a n u a r y 9 , 2 0 1 7 F i l e N o t e : J u s t i f i c a t i o n f o r A d m i n i s t r a t i v e V a r i a n c e f o r 1 1 4 4 E a s t C o a s t , L o t 2 , B l o c k , C o r n e r L o t R e q u e s t : A d m i n i s t r a t i v e V a r i a n c e t o R e a r Y a r d a n d S i d e Y a r d f o r G a r a g e a n d S t r e e t S i d e Y a r d f o r c o r n e r l o t f o r t h e h o u s e . R e q u e s t w a s m a d e b e c a u s e t h e f i n i s h o n t h e h o m e w a s c h a n g e d d u r i n g c o n s t r u c t i o n a t t h e r e q u e s t o f t h e o w n e r f r o m c e d a r s h a k e s t o b r i c k v e n e e r . W h i l e s e t b a c k a s m e a s u r e d f r o m t h e s l a b i s c o n s i s t e n t w i t h t h e p l a n s , t h e a d d i t i o n o f t h e b r i c k c a u s e d t h e w a l l f a c e t o e n c r o a c h i n t o t h e 7 . 5 f t . h o u s e s e t b a c k o n t h e s i d e y a r d b y 3 i n c h e s a n d o n t h e g a r a g e i n t o t h e s i d e y a r d b y 3 . 4 i n c h e s a n d t h e g a r a g e i n t o t h e r e a r y a r d b y 2 . 7 i n c h e s . T h e a c t u a l S e t b a c k s f o r w h i c h t h e a d m i n i s t r a t i v e v a r i a n c e i s r e q u e s t e d a r e a l l l e s s t h a n t h e 5 % t h a t c a n b e a p p r o v e d a d m i n i s t r a t i v e l y b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r . A l l m e a s u r e m e n t s w e r e v e r i f i e d b y s u r v e y s i g n e d a n d s e a l e d b y T h o m a s H u g h e s , P . L . S ( F l o r i d a l i c e n s e n u m b e r 3 5 0 7 ) C a l c u l a t i o n s a r e a s f o l l o w s : H o u s e S i d e Y a l " d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e a t e r t h a n 7 . 1 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 7 . 2 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e c a n b e g r a n t e d . G a r a g e S i d e Y a r d - A c t u a l s e t b a c l < m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 5 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . I n t h i s c a s e t h e r e q u i r e d s e t b a c k s o n t h e s t r e e t s i d e a n d t h e o p p o s i t e s i d e o f t h e g a r a g e a r e u s e d t o c a l c u l a t e t h e a l l o w e d d e v i a t i o n a s p r o v i d e d f o r i n 2 4 - 4 8 ( h ) o f t h e L D C . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 4 . 7 1 f t . , t h u s t h e a d m i h i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . . G a r a g e R e a r Y a r d - A c t u a l s e t b a c l < m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 7 5 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c l < t o f a c e o f b r i c k i s 4 . 7 6 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . A c t i o n b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r - B e c a u s e t h e v a r i a n c e s n e e d e d a s f o r t h e a d d i t i o n o f t h e B r i c k f a c e t o t h e s t r u c t u r e w e r e w i t h i n t h e l i m i t s s e t i n t h e L a n d D e v e l o p m e n t C o d e S e c t i o n 2 4 - 4 8 ( h ) , t h e a d m i n i s t r a t i v e v a r i a n c e i s g r a n t e d . S i g n e d : ~ · - D a t e : 1 2 / 0 9 / 2 0 1 6 ~ e C a n d i s 1 P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r A T T A C H M E N T 1 I t e m 6 A J a n u a r y 9 , 2 0 1 7 R e v i s e d 1 2 - 1 6 - 1 6 F i l e N Q t e : J u s t i f i c a t i o n f o r A d m i n i s t r a t i v e V a r i a n c e f o r 1 1 4 4 E a s t C o a s t , L o t 2 , B l o c k / C o r n e r L o t R e q u e s t : A d m i n i s t r a t i v e V a r i a n c e t o R e a r Y a r d a n d S i d e Y a r d f o r G a r a g e a n d S t r e e t S i d e Y a r d f o r c o r n e r l o t f o r t h e h o u s e . R e q u e s t w a s m a d e b e c a u s e t h e f i n i s h o n t h e h o m e w a s c h a n g e d d u r i n g c o n s t r u c t i o n a t t h e r e q u e s t o f t h e o w n e r f r o m c e d a r s h a k e s t o b r i c k v e n e e r . W h i l e s e t b a c k a s m e a s u r e d f r o m t h e s l a b i s c o n s i s t e n t w i t h t h e p l a n s , t h e a d d i t i o n o f t h e b r i c k c a u s e d t h e w a l l f a c e t o e n c r o a c h i n t o t h e 7 . 5 f t . h o u s e s e t b a c k o n t h e s i d e y a r d b y 3 i n c h e s a n d o n t h e g a r a g e i n t o t h e r e a r y a r d b y 3 . 4 i n c h e s a n d t h e g a r a g e i n t o t h e s i d e y a r d b y 2 . 7 i n c h e s . T h e a c t u a l S e t b a c k s f o r w h i c h t h e a d m i n i s t r a t i v e v a r i a n c e i s r e q u e s t e d a r e a l l l e s s t h a n t h e 5 % t h a t ' t q n b e a p p r o v e d a d m i n i s t r a t i v e l y b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r . A l l m e a s u r e m e n t s w e r e v e r i f i e d b y s u r v e y s i g n e d a n d s e a l e d b y T h o m a s H u g h e s , P . L . S ( F l o r i d a L i c e n s e n u m b e r 3 5 0 7 ) C a l c u l a t i o n s a r e a s f o l l o w s : H o u s e S i d e Y a r d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e ~ t e r t h a n 7 . 1 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 7 . 2 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e c a n b e g r a n t e d . G a r a g e R e a r Y a r d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 2 5 f t . ( 5 % o f R e a r S B S f t + 5 % o f F r o n t S B 1 0 F t ) t o b e w i t h i n t h e 5 % r e q u i r e m e n t . I n t h i s c a s e t h e r e q u i r e d s e t b a c k s o n t h e s t r e e t s i d e a n d t h e o p p o s i t e s i d e o f t h e g a r a g e a r e u s e d t o c a l c u l a t e t h e a l l o w e d d e v i a t i o n a s p r o v i d e d f o r i n 2 4 - 4 8 ( h ) o f t h e L D C . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 4 . 7 1 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . . G a r a g e S i d e Y a r d - A c t u a l s e t b a c k m u s t b e e q u a l t o o r g r e a t e r t h a n 4 . 7 5 f t . t o b e w i t h i n t h e 5 % r e q u i r e m e n t . A c t u a l s e t b a c k t o f a c e o f b r i c k i s 4 . 7 7 f t . , t h u s t h e a d m i n i s t r a t i v e v a r i a n c e m a y b e g r a n t e d . A c t i o n b y t h e P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r - B e c a u s e t h e v a r i a n c e s n e e d e d a s f o r t h e a d d i t i o n o f t h e B r i e l < f a c e t o t h e s t r u c t u r e w e r e w i t h i n t h e l i m i t s s e t i n t h e L a n d D e v e l o p m e n t C o d e S e c t i o n 2 4 - 4 8 ( h ) , t h e a d m i n i s t r a t i v e v a r i a n c e i s g r a n t e d . D a t e : 1 2 / 1 6 / 2 0 1 6 S i g n e d : ~ A n d r e w T . D e C a n d i s , P l a n n i n g a n d D e v e l o p m e n t D i r e c t o r ATTACHMENT 1 Item 6A January 9, 2017 File Note : Ju stifi cation for Admin i strativ e Vari ance f or 1144 Ea st Co ast , Lot 2, Block, Corner Lot Re q u es t : Administrative Variance to Rear Yard and Side Yard for Garage and Side Yard and Front Yard for corner lot for the house. Request was made because the finish on the home was changed during construction at the request of the owner from cedar shakes to brick veneer. While City staff usually measure set back from the slab at ground level, the addition of the brick veneer caused the wall face to encroach then the norma l siding or stucco would into the rear and side setback of the Garage and the front and side setback of the house. The Land deve lopment code Section 24-48 (h) provides that the Planning Director may "grant minor dimensiona l variances or minor variances to development design standards" "Where such variance are requested for side setbacks on both .sides of a parcel the cumulative to be waived shall into exceed 5% for the required setback for a single side. The Code provides an example as follows: ''Fo r Exam p le, w h ere t he requi re d side set back i s a co mbined 15 ft., the maximu m p ermitted to be waived on a singl e si de o r cu mulat ive on b ot h sides i s 9 inches. Si m ila rly, f o r 20 foot front an d r ear se tba cks, the maxi mum p ermitted to be waived on eith er the front or rea r o r in co mbination is twelv e (12)_inch es ." Thus you can consider the setbacks on both side of the building to calcu late the 5% maximum setback but the setback cumulatively (both sides) cannot exceed what wou ld be allowable on both sides. The actual Setbacks for which the administrative variance is requested are all less than the 5% that can be approved administratively by the Planning and Development Director. All measurements were verified by survey signed and sea led by Thomas Hughes, P.L.S {Florida License number 3507} 5 Ft. Required Setback 4.75 ft. permitted Admin 4 .77 Actual {Within 5%) 2.76 inches from Setback 5 Ft. Required Setback 4.75 ft. SB permitted one side {1/2 inch short) Admin . 4.25 ft. SB permitted both sides considered Admin. 4.71 ft. Actual (Within 5%) 3.48 inches form Setback Q) "0 Vi ~ V) Q) 3 7.5 Required Side Setbacl~ 6.625 ft. permitted one side Admin 7.22 ft. Actual (Within the 5%) 3.36 inches from Setback Ca lculate d in 1 0th offoo t un le ss in di cate d by Inches 10 Ft. Required Side Setback 9.5 ft. permitted Admin 20ft. Actual (Not needed) ~ V) Q) ro "0 0Vi u Q) t;; t;; ro ro ·E w w 0 10ft. Required Side Setback 8.75 ft. Permitted One side Admin 10ft. Actual (not needed) Front 11t11 Avenue 20 Ft. Required Front Setback 19ft. requir-ed front Adm i n 19.71 Actual (Within the 5%) 3.25 inches from Setback House Re q u i red Setbacks • West Side_ 7 .5 ft. to meet code or 6.625 ft. to meet the Administrative Varia.nce Requirement. • East Side-lOft. to meet code or 8.75 to meet Administrative Variance Re~Uirement. • Front _ 20ft. to meet code or 19ft. to meet Administrative Variance ReqUirement. Garage Requ i re d Setback . . West Side-5 ft. to meet code or 4.75 ft. to meet Administrative Variance Requirement ~f calcftul~t5edfto~ 7o;~s~d:~~ ~r)age IS cons idered • . h 'd fand 4.25 ft. if calculated on setbacks for bot s1 es o garage. (10ft + 5 ft -5ft X 5% ­.75 · ·­· · . . I • • • • • East Side-lOft. to meet code or 9.5 ft. to meet the Administrative Variance Re~Utrement. • Rear Side _ 5 ft. to meet code or 4.75 to meet the Administrative Variance Requirement. summary of Calcul ations are as foll ows: · 1 t · the code by 3 25 inches and 3.36 inches respectively. Both House front yard and west side yard encroached mto the s:t.bac <~ se m. Wh ~h Administrative Variance was applied utilizing the code encroachments were less than the 5% allowed for an Admm1strat1ve Vanance~ e~ e setbacks on the single side where the encroachment occurred both met the 5% requirement. ------------------------- ATTACHMENT 1 Item 6A January 9, 2017 Back of the Garage encroached into the Sft. rear setback by 2 .76 inches. This encroachment is less than the 5% allowed for an Administrative Variance. The West Side of the Garage encroached into t he setback by 3.48 inches. When only the setbacks on the West Side was considered to calculate the setback, the setback was 112 inch short of meeting the administrative variance test. In order to meet the 5% allowed in the Administrative variance, both the east and west setbacks combined needed be considered. When this was done the setbacks meet the 5% administrative variance requirement. Action by the Planning and Developm ent Di r ector -Because the variances needed as for the addition of the Brick face to the structure were wit hin the limits set in the Land Dev elopment Code Section 24-48 (h), the administrative variance is granted. Date: 12/20/2016Signed: -------------------- AndrewT. DeCandis, Planning and Development Director ATTACHMENT 2 Item 6A January 9, 2017 Bartle, Donna From: jstinson@coab. us Sent: Thursday, December 15, 2016 3:55PM To: bruce.andrews@comcast.net; nvanliere@coab.us Cc: bdurden@llw-law.com Subject: Re: 1144 East Coast Drive Everyone I have been monitoring this issue by shared emails given to me by residents. The facts are: 1. The construction was permitted to include exterior stucco. 2. The home was knowingly built in violation of the permit to include brick exterior. 3. Subsequent surveys are contradictory and perhaps fraudulent at worst, grossly in error at best. 4. The limit to the authority ofthe City staffto grant a variance is to be within 5% of requirements, for a maximum of one variance per property. The variance required is outside the 5%. 5. It appears an administrative variance is being granted for more than one infraction. A variance for each side of the home is unique and separate from the other sides of the home. 6. This matter needs to be referred immediately to the Community Development Board. 7. Further action by staff outside the limits ofthe Code will initiate an immediate response to remove the ability for staff to grant any variances. 8. And, further action outside of sending this to the CDB will create distrust among the residents and ultimately, we all work for them, and at their discretion. I believe it will pay huge dividends for the voice of the people to be respected as well as the rules that govern our fair City to be adhered to. I suggest this be put on the agenda for the 9th of January for the Commission to discuss. Merry Christmas Kindest Regards John M. Stinson City Commission, Seat No. 2 Atlantic Beach, Florida On Thu, Dec 15,2016 at 3:08PM -0500, "VanLiere, Nelson" <nvanliere@coab.us> wrote: Mr. Andrews, If you would like to stop by City Hall, we can demonstrate the calculations for you. Today or sometime tomorrow would be good. Let me know if that is ok with you. Sincerely, Nelson Van Liere City Manager City of Atlantic Beach 1 ATTACHMENT 2 Item 6A January 9, 2017 904-247-5806 -----Original Message----­ From: Bruce Andrews [mailto:bruce.andrews@comcast.net] Sent: Thursday, December 15, 2016 2:58 PM To: Van Liere, Nelson Cc: Brenna Durden ; Reeves, Mitch Stinson, John Subject: Re: 1144 East Coast Drive All -regardless of the impervious surface calculations, I don't understand how it has been determined that the setbacks can be dealt with administratively. As noted in my comment below, the garage setbacks are NOT within the 5% administrative range. I'm just trying to understand how the code is being interpreted here. Giving an administrative variance under these circumstances would seem to give every builder in the future the option of encroaching 5 percent on the setbacks and be given administrative variances. I seriously doubt this was the intent of the code. Thank you, Bruce Andrews Sent from my iPhone >On Dec 15, 2016, at 9:48 AM, Bruce Andrews wrote: > > Mr. Van Liere ­ > > I am following up on the attached email from 12/3. I understand that > the new survey has been submitted. As expected, it shows different > measurements/setbacks from the earlier one. I have several comments: > > 1. The setback from the garage is out of compliance and outside the > 5% leeway for an administrative variance as follows -garage set back > 5 feet or 60 inches; 60 inches x 5% = 3" which is the "potential >variance ability"; current garage west side measurement is 4.71 feet­ > 5 feet set back= .29 feet over set back x 12 inches = 3.48 inches over set back. > Since the 3.48 inches is greater than the 3" administrative variance > ability, it needs to go to COB. > > 2. The side lot line on the house itself is also out of compliance. > > 3. The survey does not show the stepping stone sidewalks to the front > and side doors. I expect therefore that the pervious surface > calculation is inaccurate and should be reviewed. > > 4. The builder has been very careless with any attempts to comply > with our codes and remiss in providing accurate information to the > City. As such, I don't believe we should be giving administrative > exceptions. If they are given, I suspect that I and/or my neighbors > would appeal to the Commission. Any variances should go before the COB. > > Thank you again for your attention to this situation. > > Best regards, > Bruce Andrews > > -----Original Message----­ > From: Bruce Andrews [mailto:bruce.andrews@comcast.net] > Sent: Saturday, December 3, 2016 2:53 PM 2 ATTACHMENT 2 Item 6A January 9, 2017 > To: 'Van Liere, Nelson' > Cc: 'Brenna Durden' ; 'Reeves, Mitch' > > Subject: 1144 East Coast Drive > > Mr. Van Liere ­ > > Thanks again for your email and sharing with me your plans for further > reviewing the setbacks and impervious surface situation at 1144 East > Coast. I would appreciate the opportunity to meet with you to fully > understand the facts and your interpretation and application of our > building code before any decisions are made. I personally believe > that this should go before the Community Development Board and not be > dealt with administratively in light of the series of events that have > taken place to date. > > Once you have the > gathering that you > time to discuss. > > Best regards, > Bruce Andrews > 328 11th Street > revised survey and have done any other fact plan to, please contact me so that we can set up a > -----Original Message----­ > From: Van Liere, Nelson [mailto:nvanliere@coab.us] > Sent: Wednesday, November 30, 2016 5:44 PM > To: Bruce Andrews ; Reeves, Mitch > > Cc: 'Brenna Durden' > Subject: RE: Impervious Surface Calculations/COAB Required Setback > Concerns @ 1144 East Coast Drive > > Mayor Reeves and Mr. Andrews, > > You are correct in that we must examine all of the data before making > a determination. The builder still has some work to do on this if it > is to go forward. We will ensure that any decision will be supported by the > facts and the code as has been interpreted in the past. I would be happy > to meet with you, once I am satisfied I have all of the relevant facts > and data. > We will let you know what we > need has been provided. > > Thank you for your concern, > Nelson Van Liere, > City Manager > City of Atlantic Beach > 904-247-5806 > > > -----Original Message----­ determine when all of the information we > From: Bruce Andrews [mailto:bruce.andrews@comcast.net] > Sent: Wednesday, November 30, 2016 3:56 PM > To: Reeves, Mitch > Cc: Van Liere, Nelson ; 'Brenna Durden' > > Subject: RE: Impervious Surface Calculations/COAB Required Setback > Concerns @ 1144 East Coast Drive > > Mayor Reeves ­ > 3 ATTACHMENT 2 Item 6A January 9, 2017 > Thank you very much for sharing our concerns with Mr. Van Liere and > for your thoughts on the matter. > > Mr. Van Liere ­ > > I would be pleased to meet with you or have a call to discuss any of > the details of this issue if it would be helpful to your review. I > had brought the setback/survey by issue to the City's attention back > in September both by phone and email, so I'm sure your staff is aware > of the history here. > > Again, thanks to you all for looking at this issue and ensuring that > the integrity of our processes is maintained. > > Best regards, > Bruce Andrews > 328 11th Street > > -----Original Message----­ > From: Reeves, Mitch [mailto:mreeves@coab.us] > Sent: Wednesday, November 30, 2016 11:39 AM > To: Bruce Andrews > Cc: Van Liere, Nelson ; Brenna Durden > > Subject: Fwd: Impervious Surface Calculations/COAB Required Setback > Concerns @ 1144 East Coast Drive > > Bruce, > Thank you as a concerned resident for reaching out to me with your > concerns. > Both the telephone conversation and onsite visit provided interested > thoughts. > > After our discussion I did sit down with the City Manager to share >your concerns. Late yesterday afternoon I received the follow message > from the City Manager. > > "Fyi. The issue of the brick on the house at 11th and east coast is >not a done deal. New information may cause denial. Will fill you in later." > > Bruce, in the email below I used my cliff notes, and memory in sharing > our discussion comments. Please review all my comments and correct me > if I provided misinformation. I did just share some came from my > memory of our discussion. LOL > > Let me try and be perfectly clear the City Manager or any Staff > Members speaks for me. I have not approved or disapproved the actions > taken by the City. If that was shared it is not correct. > I do feel the City must make sure they have all the facts verified > before making quick ruling, approvals, or disapprovals. > > Again thank you for your time and let me encourage you to contact the > City Manager to meet with you. > > Thanks > > > Mayor Mitch Reeves > 800 Seminole Road > Atlantic Beach, Fl 32233 > mreeves@coab.us > Cell: 904-955-0101 4 ATTACHMENT 2 Item 6A January 9, 2017 > MReeves@coab.us > > > Begin forwarded message: > > From: <mreeves@coab.us> > Date: November 30, 2016 at 12:32:27 AM EST > To: Nelson Van Liere <nvanliere@coab.us> > Cc: Brenna Durden <bdurden@llw-law.com> > Subject: Impervious Surface Calculations/COAB Required Setback > Concerns @ > 1144 East Coast Drive > > Nelson, > > According to some concern AB residents the home being built at 1144 > East Coast Drive has been built outside the setbacks as required by > our City of Atlantic Beach . > > As I shared with you yesterday, and this morning I have been contacted > by several residents who have been following this issue and who were > expecting that our staff would address their concerns. Instead, it > seems that staff has chosen to ignore the obviously inaccurate survey > and to explain away the residents' concerns by citing their authority > to grant 5% variances. I don't know what the ultimate resolution to > this issue will be, but we should at least demand an accurate survey > and then carefully and thoughtfully decide how any violations of > setback requirements should be handled. > > Here is the series of events as of this week which as been shared with me. > > Builder initially submitted a stucco/wood shingle house to be built to > the minimum setback lines on the north, west and south sides of the property. > > Builder built a brick house (first level) that extends beyond several > set-back lines. > > Builder never submitted a revised plan reflecting change to brick > prior to building different house. > > Planning Department and Building Department were made aware of the > issue via numerous phone calls, meetings and e-mails (public record) > as early as September 2016. The change t9 brick and the related > impact on setbacks were all brought to the attention of staff. > > The concern residents suggest the Builder gave the city an inaccurate, > if not fraudulent, survey showing house was not over setbacks in > November > 2016 > > Planning Director and Building Department Director were made aware of > fraudulent survey again by concerned residents. > > Planning Director, Building Department Director and City Manager all > approved C.O. > > THIS SERIES OF EVENTS IF TRUE IS VERY TROUBLING TO ME! > > Suggested actions by the City of Atlantic Beach: > > 1). The City of Atlantic Beach needs to request a new survey from the > builder, or pay for an independent survey. 5 ATTACHMENT 2 Item 6A January 9, 2017 > > 2) If the home is found to not meet the required setbacks, The City of > Atlantic Beach shall require the owner to obtain a zoning variance > from the Community Development Board. There shall be no administrative > variance due to the previous fraudulent actions by the builder. > > 3) In addition, if the measurements are in fact incorrect, then the > impervious surface calculations will need to be recalculated and > removal of impervious surface will be required in excess of 50% > > Allowing builders to disregard our rules and regulations sets a bad > precedent and is harmful to the welfare of our community. This > situation has happened before in Atlantic Beach. A few years ago, a > similar situation happened in the 2000 block of Beach Avenue, and the > homeowner was required to obtain a zoning variance. > > The citizens of Atlantic Beach have a reasonable expectation that > there municipal employees will act in the best interest of all > citizens. The residents share the actions of this builder are clearly > fraudulent and represent an egregious action meant to mislead the City of Atlantic Beach. > > Final disturbing comment, both residents shared with me they were > advised I was in agreement with the actions taken by you and staff. > That statement is the "farthest from the truth", and needs to be corrected immediately. > > > Mayor Mitch Reeves > BOO Seminole Road > Atlantic Beach, Fl 32233 > mreeves@coab.us > Cell: 904-955-0101 > MReeves@coab.us > > </bdurden@llw-law.com</nvanliere@coab.us</mreeves@coab.us 6 Bartle, Donna From: jstinson@coab. us Sent: Friday, December 23, 2016 3:02PM To: nvanliere@coab. us Cc: bdurden@llw-law.com; jstinson@coab.us Subject: 1144 East Coast Drive ATTACHMENT 4 Item 6A January 9, 2017 Mr. VanLiere The last important topic of discussion in our meeting yesterday afternoon, and just before we commented on the coyote question, was 1144 East Coast Drive. During that conversation you relayed to me that the City Attorney recommended that this matter be referred to the Community Development Board. You also stated that you agreed with her opinion, that the matter would be referred to the CDB and that no administrative variance would be approved or issued. Today, I have been in contact with residents that believe that even prior to our meeting yesterday that the administrative variance had been granted as well as provided to the developer. I have not yet been provided with copies of the email thread between the City Attorney and the developer's legal counsel, but Ms. Durden has confirmed these facts. Apparently the developer is threatening litigation, which by the way I'm not concerned with, because I feel it is important to follow the letter of the "law" regardless of the issuance of the improper administrative variance. Based on the conversations I have had today, your office approved and issued this administrative variance on the 9th of December, exceeding the authority granted your office under the Charter, the Codes and Ordinances governing such action. This information causes me to wonder why these facts were not conveyed to Mr. Andrews or Mr. Lambertson when you met with them last Friday. And I refer you to my email about this subject prior to your meeting with them also. This contradictory information is very disturbing for me. I can see no reason you would not have communicated these facts to me yesterday. Because of these facts, I intend to request the Commission hold a special session prior to the expiration of the 30 day timing that might invalidate any appeal. The subject of this special meeting will be not only the improper application of the Codes, but also to discuss the actions and choices made that have put the City in this position. Kindest Regards John M. Stinson City Commissioner, Seat No.2 Atlantic Beach, Florida 1 ATTACHMENT 5 Item 6A January 9, 2017 Bartle, Donna From: D.R. Repass <dr@repasspa.com> Sent: Wednesday, December 28, 2016 7:49AM To: Reeves, Mitch Cc: bdurden@llw-law.com Subject: Re: Ossi Development, Inc. -Chris Lambertson Yes I'm not sure I understand the questions -The approval from the City is the signed variance that was attached to my email to you. I apologize for just now getting back to you as I am out of town this week. Thank you. D. R. Repass D. R. Repass, P.A. 111 Solana Road Suite B Ponte Vedra Beach, FL 32082 Tel. (904) 598-5260 Fax (904) 328-2080 dr@repasspa.com Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. Ifthe reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. On Dec 27,2016, at 2:03PM, Reeves, Mitch <mreeves@coab.us> wrote: I hope your holiday has been enjoyable and safe. I was following up to confirm you received my questions. I was advised your public records request is being processed and if you need anything else please feel free to contact me or our City Attorney. Mayor Mitch Reeves 800 Seminole Road Atlantic Beach, Fl32233 mreeves@coab. us<mailto:mreeves@coab. us> Cell: 904-955-0101 MReeves@coab.us<mailto:MReeves@coab. us> On Dec 24,2016, at 8:43AM, Reeves, Mitch <mreeves@coab.us<mailto:mreeves@coab.us>> wrote: Reference to the attached documents please share the date your client received approval from the City. Second what City Staff Member provided the signed documents and informed the 1 ATTACHMENT 5 Item 6A January 9, 2017 administrative variance had not been granted. Note I have requested the City Clerk by email to provided you with the public records request, which you were copied. I wish you and your family a Merry Holiday and Safe New Year. Mayor Mitch Reeves 800 Seminole Road Atlantic Beach, Fl32233 mreeves@coab. us<mailto:mreeves@coab. us> Cell: 904-955-0101 MReeves@coab. us<mailto:MReeves@coab.us> On Dec 22,2016, at 3:28PM, D.R. Repass <dr@repasspa.com<mailto:dr@repasspa.com>> wrote: Good afternoon Mayor Reeves: I represent Ossi Development, Inc. I understand Chris Lambertson has inquired about current houses being built by Ossi Development in Atlantic Beach and has made specific complaints about the brick facade installed at 1144 East Coast Drive. As you may know, the attached Administrative Deviation was properly issued for this approximate 3 inch encroachment. This matter should now be concluded as far as the City is concerned as the variance was properly issued. If the administrative variance had not been granted, replacing the existing brick with stucco or another less attractive facade would have cost Ossi approximately $30,000. This very circumstance is the reason for the administrative variance process. With regard to any complaints made by Mr. Lambertson, the City should know that Mr. Lambertson has tried to keep a $50,000 deposit made by Ossi Development on a purchase agreement for another parcel within the Atlantic Beach country club despite Mr. Lambertson not being able to provide clear title on the parcel being purchased. The parties are currently in litigation with regard to the entitlement of that deposit. Ossi Development has invested over $10,000,000 in real estate in Atlantic Beach within the last several years and has enjoyed a great partnership with the City of Atlantic Beach. We certainly hope that the spiteful and self serving complaints made by Mr. Lambertson do not damage Ossi's working relationship with the City of Atlantic Beach. Also, this email shall serve as a public records request, pursuant to Chapter 119, Florida Statutes, for any and all emails, letters and communications between Mr. Lambertson and i) Mayor Reeves; or ii) any employee of the City of Atlantic Beach during the calendar year 2016. Electronic delivery is acceptable. Thank you. <1144 East Coast approved Admin Variance waiver.pd:f> <1144 East Coast Survey.pdf> D. R. Repass D. R. Repass, P .A. 2 ATTACHMENT 5 Item 6A January 9, 2017 111 Solana Road Suite B Ponte Vedra Beach, FL 32082 Tel. (904) 598-5260 Fax (904) 328-2080 dr@repasspa.com<mailto :dr@repasspa.com> Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader ofthis e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 3 ------------------ -------------------- l ATTACHMENT 5 Item 6A January 9, 2017 - ADMINISTRATIVE VARIANCE APPLICATI01' City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.u Section 24-48(h) allows the Community Development Director to approve minor dimensional variances n< exceed 5% of the code requirement Such variances cannot change lot area, height and parking spaces. Pro· a copy of the lot survey or sketch showing ex.isting or proposed construction for the needed variance SECTION 1: JOB INFORMATION Jf{b Address: _JJ L{ L( 6& f [c;o.,'f) + Permit# RE# Legal Description: ~o -f 'L [3/ o tj( /'I Property Own.er Information,: Name: aS'S; t)/;Viffap;-;t?cf Email: 'Jroi@c7()$i oG-vCfvfJauq...---f £-vrn Fax: -'----'------­ Address: ll { '2 '? (LO sfu C!.A· / 5'u; -k l( City: t\k(Lwt B~State: K Zip: 3 '2 Z-6 Contractor Information Name: ...-. 0 J C ~ ,._.!v-4;vh./l1 k-LL Phone: (lVl/1 fb!o-3!.7'..:S~;5 ,- Email: ::Jrof~o<i s; pCtlfiuflrJ~""n--1-. &o"" Fax: .L---..L.--------­ Address: t ( I rz 'f; Q.O .5.fc'Yh-f/ ) <>:fL '-/ City:~lf,)L.\:?aJstate:a_ Zip:"'$ 2z.c, 1 SECTION 2: REQUESTED V ARJANCE Completed by Applic3Jli Completed by Staff 0 Front Yard Setback· ?~'> Required Setback: C ft Difference: ft ffRear Yard Setback Provided Setback: ft % of Required: %rn/Side Yard Setback O Other: _____________<;:«=·~~~...!.:.-"0~V~il-'...::.........,_:~~---- Reason for the Variance: __0=--"u..=-'-AJ""-"'(,'._;(l.'-=--'5~---~~-~,_.,_,_,)"-q.;_.U...::::L__ _____lf?L..._c(<_"---~1_::&:::__::{(_~------- OtJ l{)l) J e I hereby certify that all information provided within this application is correct. 'J~ o~~,. . . Print Name Date S j CTION 4: REVIK\V (to be completed by the Co: .unity pevelopment Director) After reviewing the requested administrative variance; cg:=r have found that it meets the requirements of Section 24-4801) and it is therefore approved .. /0 I have found that it does not meet the requirements of Section 24-48(h) and it is therefore denied. '' /;ldl~ ,, [iiq/!?e [GmnMrtnifY Development Director ~le ·l· NATURES Signa ~fOwner or Agent (if applicable) ATTACHMENT 5 Item 6A January 9, 2017 -J I I l I I i File Note: . Justification for Administrative Variance for 1144 i I East Coast Lot 2, Block, Corner Lot I ··.~ Request: Administrative Variance to Rear Yard and Side Yard for Garage and Street Side Yard for corner I ! lot for the house. Request was made because the finish on the home was changed during construction i I at the request of the owner from cedar shakes to brick veneer. While set back as measured from the ·f slab is consistent with the plans, the addition of the brick caused the wall face to encroach into the 7.5i ft. house setback on the side yard by 3 inches and on the garage into the side yard by 3.4 inches and the _, garage into the rear yard by 2.7 inches. The actual Setbacks for which the administrative variance is ' requested are all less than the 5% that can be approved administratively by the Planning and Development Director. All measurements were verified by survey signed and sealed by Thomas Hughes, P.L.S (Florida License number 3507) Calculations are as follows: House Side Yard-Actual setback must be equal to or greater than 7.1 ft. to be within the 5% requirement. Actual setback to face of brick is 7.2 ft., thus the administrative variance can be granted. l ' Garage Side Yard-Actual setback must be equal to or greater than 4.5 ft. to be within the 5% requirement. In this case the required setbacks on the street side and the opposite side of the garage are used to calculate the allowed deviation as provided for in 24-48 (h) of the LDC. Actual setback to face of brick is 4.71 ft., thus the administrative variance may be ~ranted .. Garage Rear Yard-Actual setback must be_equal to or greater than 4.75 ft. to be within the 5% requirement. Actual setback to face of brick is 4.76 ft., thus the administrative variance may be granted. Action by the Planning and Development Director-Because the variances needed as for the addition of the Brick face to the structure were within the limits set in the L~nd Development Code Section 24-48 (h), the administrative variance is granted."i Signed: §/. ----------Date:._...=1::o:2~/0~9'L:/2~0~1~6___ ~rew Y.DeCandis, Plannin~ and Development Director SCALE ? 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ATTri[T.Iol:..c;:" lJIIS SlsR\0, [Bj DENOTES CONCRETE @ -DENOTES \'lATER VALVE -DENOTES STOP SIGN 0 -DENOTES CABLE RISER ®DENOTES FND II.ONUMENTAllON AS NOTED \ 0 DENOTES FND X-MARK IN SIDEWALK 00.00 -DENOTES HARD ELEVATION 00.0 _ DENOTES SOFT ELEVATION ~t LOT 2BLOCK3 ZPAGE 4 T BOOK Z , PER P~. 71924-0000 ;;-1 -­ \ \ \ \ \ j_- 1\ UNJT NO. 1 SELVA M..ru;;~OK 23, PAGE 4PER PLAT PER m \ - CERTIFIED TO: OSSI H011.ES URVEYING, INC.BARTRAM TRAIL s DEVELOPMENT CONSULTANTS . VEYORS -PLriNNERS -LAND (904~ 284-2224LAND15~COUNTY ROAD 315 ~~O~g· lO~AX (904 284-2258 GREEN COVE SPRINg~• A.UTHORIZATION LB #69 1 CERTIFICI\TECDPYlliGHT © 2015 <C>< ATTACHMENT 5 Item 6A January 9, 2017 Sec. 24-48.-Community development director. The community development director shall have the following authorities and responsibilities: (a) To administer and implement this chapter and accomplish actions required by this chapter, including proper notices as specified in this chapter or as otherwise required; the receiving and processing of appeals. (b) To provide written instructions to applicants related to the required process for requests as required under this chapter and to assist applicants in understanding the provisions of this chapter. (c) To receive and initiate the processing of all zoning and land use related applications. (d) To maintain all records relating to this chapter and its administration, as may be set forth in this chapter or otherwise be necessary. (e) To recommend to the community development board and the city commission, amendments to this chapter and the zoning map, with a written statement outlining the need for such changes. (f) To conduct necessary field inspections required to advise the community development board and the city commission related to zoning and land use matters. (g) To review preliminary development plans, applications for certain building permits, including site and lot plans, to determine whether the proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter and the comprehensive plan. The building official's signature, stating approval, shall be required on all development plans before a building permit shall be issued. (h) To grant minor dimensional variances or minor variances to development design standards as set forth in this chapter, excluding changes to lot area, impervious surface area, height and parking, provided the requested variance is not more than five (5) percent from the standard or requirement requested to be waived. Such minor variances shall be granted only one (1) time for any particular requirement on a single property and shall be granted only with written justification as set forth within subsection 24-64(d) or as demonstrated to preserve a protected tree. Where such variances are requested for side setbacks on both sides of a parcel, the cumulative to be waived shall not exceed five (5) percent of the required setback for a single side. For example, where the required side setback is a combined fifteen (15) feet, the maximum permitted to be waived on a single side or cumulatively on both sides is nine (9) inches. Similarly, for 20-foot front and rear setbacks, the maximum permitted to be waived on either the front or rear or in combination is twelve (12) inches. ATTACHMENT 5 Item 6A January 9, 2017 Minor dimensional variances may also be authorized where an inadvertent surveying error has resulted in placement of a building not more than four (4) inches outside of a required building setback line. In such cases, a letter of explanation shall be provided by the surveyor, which shall remain part of the building permit file. (i) To post signs and provide for proper published notice of zoning requests in accordance with section 24-52, and to forward appropriate agenda information to be considered at the regular scheduled meetings of the community development board to members at least seven (7) days prior to the meeting date. Ul To recommend for hire such persons as necessary to assist in the fulfillment of the requirements of the office and delegate to these employees the duties and responsibilities assigned to the community development director as may be necessary to carry out properly, the functions of the office. (Ord. No. 90-10-212, § 2(Exh. A}, 3-8-10) ATTACHMENT 5 Item 6A January 9, 2017 BOUNDARY SURVEY LOT 2 BilOCK 14 AS SHOWN ON PLAT OFSUBDIVISION "A" ATLANTIC BEACH CURRENT PUBUC RECORDS OF DUVAL COUNTY, FL. I[BI DENOTES CONCRETE @ -DENOTES WATER VALVE p-DENOTES STOP SIGN @ -DENOTES CABLE RISER ®DENOTES FND MONUMENTA110N AS NOTED \ 0 DENOTES FND X-MARK IN SIDEWALK 00,00 -DENOTES HARD ELEVATION 00.0 _ DENOTES SOFT ELEVATION LOT 2BLOCK 2PAGE 4 T BOOK 23, PER PLA171924-0D00ll­1 \ \ \ \ \ _l - AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE GRAPHIC SCALE ( IN FEET) inch = 30 ft. UNE TABLE UNE CAlE OF 111lE, ZONING, EAsEMEifTs OR FREEOOI.I OS. EN'<IRDI&ENTALLY SEMSili\'E AREAS, 'MLDI..IFE lOcAL AGENCY, BOARD, AND COl!IIISSIOH OR OTHER ~.r;,,)\\\,&:i"~~P'\'JLAT VAU.I£S. U(P){I.I) LZ{P)(I.4) LJ(P){U) OIR£CllOH lENGlH NS3'42'GO"~ 50.00 SBJ"42'ooaw 50.00 __1 ss.,a·oo·u 1so.oo ALL BUILDING INA UNIT NO. 1 SELVA ~OOK za, PAGE 4PER PLAT -;;o:oo'(M) CERTIFIED TO: OSSI HOMES \ SURVEYING. INC.BARTRAM TRAIL DEVELOPMENT CONSULTANTS :vEYORS -PLANNERS -LAND (004~ 284-2224LANDl;O~COUNTY ROAD 315 SUITE O~~· lD~AX (004 26!1-2256 GREEN COVE SPRINGS, ~gRI'ZATION LB #60 1 CERTIFICATEcg:YRIGRT © 2015 \ - ATTACHMENT 6 Amended Item 6A January 9, 2017 RESOLUTION NO. 17‐02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA TERMINATING THE APPOINTMENT OF NELSON F. VAN LIERE, AS CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article III, Sec. 21 of the Charter of the City of Atlantic Beach requires the City Commission to Appoint a City Manager, and WHEREAS, Nelson F. Van Liere has served the City Commission from December 9, 2013 to the present time as either Interim City Manager or City Manager, and WHEREAS, Article II, Sec. 9 (11) of the Charter of the City of Atlantic Beach requires the City Commission to Appoint, remove and fix the compensation of all officers and employees appointed by the City Commission, and WHEREAS, the City Commission desires to terminate its contract with Nelson F. Van Liere as City Manager including compensation and benefits, NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida as follows: SECTION 1. Nelson F. Van Liere shall be terminated as City Manager for the City of Atlantic Beach, Florida, according to the terms of the Employment Agreement entered into between the City of Atlantic Beach, Florida and Nelson F. Van Liere on December 12, 2014, as set forth herein: a. The employment of the City Manager is terminated in accordance with the City Charter; b. Nelson F. Van Liere shall be paid as agreed in the Employment Contract dated December 12, 2014, including benefits, deferred compensation, earned sick leave, vacation, holidays, compensatory time, personal leave and other accrued benefits, if eligible, as of the date of the adoption of this Resolution; c. Nelson F. Van Liere shall only be eligible for employment or contractual agreement with the City of Atlantic Beach, Florida if approved by the City Commission by Resolution. Section 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this ATTEST: day of , 2017. Donna L. Bartle, City Clerk Mitchell Reeves, Mayor Approved as to form and correctness: Brenna Durden, City Attorney