Amended Item 8A- WAIV 17-0003AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
WAN17-0003
Request for a waiver as permitted by Section 24-46( d) to waive the
prohibition on exemptions from a tree permit for heritage trees as required
by Section 23-22 to allow the removal of a 30 inch Live Oak heritage tree
without a pennit at Atlantic Beach Subdivision A, west 35 feet lot 42, east
15 feet lot 44, block 10 (aka 391 8111 Street).
Derek W. Reeves, Planner _/.A--
July 19,2017
BACKGROUND: The applicant, John Finotti, the owner of 391 8111 Street is requesting to remove a 30
inch Live Oak designated as a heritage tree without a permit and without mitigation. The applicant and their
arborist contend that the tree is dead and should be removed as a safety hazard. The tree is located in the
front corner of the property and could drop branches or fall on the street and neighboring property. This
tree was designated as a heritage tree on January 12, 2015 by Resolution 15-01.
Section 23-22 provides a list of situations where tree removal can occur without a permit, including trees
that pose a safety hazard. Specifically exempted from this section are any coastal dune vegetation seaward
of the coastal construction control line and heritage trees. As a result, this tree cannot be removed without
a permit, unless a City Commission waiver is obtained.
One of the main requirements of a tree removal permit is mitigating for the removal of a tree by planting
new trees. The removal of a 30 inch Live Oak would typically require 15 inches of mitigation (1 inch for
every 2 inches removed), but because this tree is designated a heritage tree, the required mitigation is 30
inches (1 inch for every 1 inch removed). If the applicant desired to pay half of the mitigation as allowed
by Section 23-37, it would still be impractical to plant 15 inches of oak trees. The plantings have to be oak
trees as Section 23-33(f)(2)(a) requires oaks to replace removed oaks. Section 23-33(f)(l)(a) sets the
minimum planting size of oaks at four inches, meaning that tlu·ee to four trees would have to be planted.
The applicant and their arborist state that the tree was struck by lightning about four years ago and that has
caused the decline and death of the tree. The City hired an independent arborist to review the condition of
the tree. The City's arborist stated in their assessment (attached) that there was no signs of a lightning strike
and noted that lightning strikes are rarely fatal for Live Oaks. He went on to say that the decline and
imminent death of the tree is likely the result of construction damage. It should be noted that the
construction of this home was completed in 2003 and has no other significant permitted work since. The
neighboring prope1ty has been doing construction this year, but it's unlikely that project caused such a
sudden decline in the tree.
BUDGET: None.
RECOMMENDATION: To get Commission consensus to move item WAIV17-0001 forward to a
Public Hearing on August 14, 2017.
ATTACHMENTS: W AIV 17-0003 applicat~ /ty' s arborist letter.
REVIEWED BY CITY MANAGER: <~ ~
Amended Agenda Item 8A
July 24, 2017
HUFFMAN TREE SERVICE
P.O. Box 503 72
Jacksonville Beach, FL. 32240
904-241-0705-B
904-241-5621-Fax
July 13, 2017
To whom it may concern,
This arborist assessment letter is in regards to the current status
and condition of the (30" DBH) Live Oak (Quercus virginiana)
tree located in the front yard right side at the residence of 3 91 8th
Street Atlantic Beach, Florida 32233.
The tree is approx. 125 years old and is unfmiunately 90 percent
dead and in need of removal. There were no visible signs of
lightning as repmied (which is rarely fatal for Live oaks) so it is
most likely the result of construction damage.
If you have any further questions let us know.
Sincerely,
Robe1i M. Huffman
Cetiified Arborist
FL-5220A
Amended Agenda Item 8A
July 24, 2017
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 f-/7-/7 File No. _________ Receipt-----------
Section 24-46 (d) permits the 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 demonstt·ated 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, which conforms to
the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver
from these Land Development Regulations, the City Commission may require conditions as appropriate to
ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any
requirement or term customarily considered as a Variance or any requirement or term prohibited as a
Variance, and shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
1. ApplicanrsName ~~~~~~~~~~~~~·~-~~~~~~~~~~-~~~·~~~~~~~~~~~~~-
2. Applicant's Address _. -=.?...!...f.L...,/.--=:B_tf _ __:~_:_f_.--,~-,1~~~· _:(3:___:_• __!F!..__.:::_t-_='!=2.--==Z....---'1'--'3'---------
3. Property Location _rJ4t11t ~
4. Property Appraiser's Real Estate Number _ _,/~. &,"'--q'-L-_.9_¢"-"--0 __ .. __,_/_0---=0 _____________ _
5. Current Zoning Classification '{( .S 2-6. Comprehensive Plan Future Land Use designation ___ _
7. Requested provision(s) from which waiver is sought:
TU.I( ~r;ve.i .. r~ ~~d.
II:""'() I v ! 3 ,., I 8. Size of Parcel_.....:~_~---'"'"------>.....::~'""------9. Utility Provider
10. Provide all of the following infot·mation:
a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2)
d. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Amended Agenda Item 8A
July 24, 2017
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
~:::~CATION :To~~ r~ot+l
Mailing Address: ?f { 8 of!:: (f" • f.} . B. . OFL-'3' 2 'l. 11
Phone: 9al( .. ~, ( ~?yb7Fax: _____ ' _E-man:Jc.V\.V V.Y~of·/(~)11~/.G
10. Statement of facts and any special reasons for the requested Waiver, which demonstutes 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.
oiGod. {/
Amended Agenda Item 8A
July 24, 2017
Early Pi ety
CERTIFIED ARBORIST
June 29, 2017
John Finotti
391 8111 Street .
Atlantic Beach, FL 32233
Dear Mr. Finotti,
INTERNATIONAL SOCIETY
OF ARBORCULTURE
At your request I have inspected the 30 inch Live Oak in the southwest corner of
your property. This tree has been lighttiing struck about four years ago and is dead. ·
In my opinion this tree should be removed as soon as possible.
Should you have any fUJther questions please call.
Early Piety
President-Specialty Tree Surgeons, Inc.
ISA Certified Arbori"st #S0-0584A
"Specializing In Diagnosing Tree Disease"
5960 Philips Highway o Jacksonville, Florida 32216 o (904) 733 -4455 o Fax (904) 737-1630
Email: treesrus@att.net o www.specialtytree.info I
I I
Amended Agenda Item 8A
July 24, 2017
Prepared by:
Cilidie Hernandez
Gibraltar Title Services
4190 Belfort Road, Suite 350
Jacksonville, Florida 32216
File Number: 09-4660C
Record and Return to:
John Christopher Finotti
391 8th Street
Atlantic Beach, Florida 32233
009200280 OR BK 14979 Page 911'
Doc#2 • . ·
Number Pages: 2 M
Recorded 08J20/200K9 ~~~~~~¢coURT DUVAL couNTY
JIM FULLER CLER
RECORDING $18.50
DEED DOC ST $3675.00
-----------
General Warranty Deed
Made this August 19, 2009 A.D. By Kevin J. Byrnes, a married man, whose post
office address is: 147 14th Street, Atlantic Beach, Florida 32233, hereinafter called the grantor,
to John Christopher Finotti and Marisa Carbone, husband and wife, whose post office
address is: 391 8th Street, Atlantic Beach, Florida 32233, hereinafter called the grantee:
(Whenever used herein the terms "grantor" and "grantee" shall be construed to include masculine,
feminine, singular or plural as the co1_1text permits or requires and shall include the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars,
($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that
certain land situate in Duval County, Florida, viz:
The West 35 feet of Lot 42, and the East 15 feet of Lot 44, Block 10, PLAT
NO.1, SUBDIVISION "A", ATLANTIC BEACH, according to the plat
thereof as recorded in Plat Book 5, Page 69, of the current public records
of Duval County, Florida.
Said property is not the homestead of the Grantor(s) under the laws and
constitution of the State of Florida in that neither Grantor(s) or any members of the
household of Grantor(s) reside thereon.
Parcel ID Number: 169980-1000
Together with all the tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized
of said land in fee simple; that the grantor has good right and lawful authority to sell and convey
said land; that the grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances except covenants, restrictions and easement of record, if any, and taxes accruing
subsequent to December 31, 2008.
Amended Agenda Item 8A
July 24, 2017
File Number: 09-4660C
In Witness Whereof, the said grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered in our presence:
Witness Printed Name ~~>.! c___~ t' 12-1\..J.,.' .v't:l
State of Florida
County of Duval
--.!7?~@-"'~------------(Seal) Kefrtf BYJ'llCS
Address: 147 14th Street, Atlantic Beach, Florida 32233
______________ ,(Seal)
Address:
The foregoing instrument was acknowledged before me this 19th day of August, 2009,
by Kevin J. Byrnes, a married man, who is/are personally known to me or who has/have
produced a driver's license as identification.
IE HER NAND
My Commission Expires: _________ _
Notary Seal
DEED Individual Warranty Deed With Non-Homestead-hegal on Face
Amended Agenda Item 8A
July 24, 2017
MAP SHOWING SlJRVEY 0 F
THE WEST 35 FEET OF LOT 42 AND THE EAST 15 FEET OF LOT 44, BLOCK 10, ATLANTIC BEACH SUBDIVISION
"A" AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBUC RECORDS OF DUVAL COUNTY, FLORID A.
\ ~ 1. ~I -tl. I~\ LOT45 ~r ----;;;: --,
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NOTES:
1. THIS IS A BOUNDARY SURVEY.
2. NO BUILDING RESTRICTION UtlES AS PER PLAT.
3. HORTH PROTRACTED FROM PLAT.
-t.. AU. ANGlES /45 PER FIELD SURVEY.
5. BENCH MARK IS A fOUND J.IAG NAIL AND DISK, lB 3672
LOCA TEO IN THE YI'ESTERl Y PO\\-ER POlE AT lHE INlERS:::CllON
Of SHERRY DRIVE AND 8lh SlREET. El£VA110N ,.. 9.87,
N.G .V.O. (1929)
1HE PROPERTY SHOWN HEREON APPEARS TO UE IU FLOOO
ZONE ')(' (AAEA OUTSIDE lllE 600 'tEAR FlOOO PLAIN) AS
Yln.t. AS CAN BE DElERM INEO FROJ..I ll-IE •FLOOD INSURANCE
RATE MAP• cm.tMUUITY-PANEl tlUMBER 120075 0001 0,
RE\1SEO APRIL 17, 1989 FOR THE aTY Of Alt.ANllC BEACH,
FLORID A.
"'HOT VAUD Vo1THOUT niE SIGNATURE AND lHE
ORlQNAL RAISED SEAL OF A FLORIDA UCENSED
SURVEYOR AND l.tAPPER:
I
\
flNAL SURVEY: OCTOBER 6, 2003
LOT 39
ID 30 f
SCALE: 1" ~ 20'
THIS SURVEY WAS FOR THE BENEFIT OF
KEVIN J. BYRNES.
FLORIDA UC. SURVEYOR end MAPPER No. LS 3295
FLORIDA UC. SU.RVE'rlNG & MAPPING BU SIU ESS No. LB 3672
CHECKED BY:~
DRAWN BY:~ BOATWRIGHT LAND SURVEYORS, INC. DATE:
NOVEMBER II. 2002
ALE: 200l-S97 1500 ROBERTS ROAD , JACKSONVILLE BEACH, FLORIDA 241-8550 SHEET _L OF\._
f:.
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Amended Agenda Item 8A
July 24, 2017
Amended Agenda Item 8A
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Amended Agenda Item 8A
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Amended Agenda Item 8A
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