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Exh 8A i~ AGENDA ITEM #8A JANUARY 13, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request from Wilson and Wilson Optical, located at 615 Atlantic Boulevard, to allow anon-conforming sign to be fully removed and re- installed in the same general location and at the existing height of hventy- five feet. SUBMITTED BY: Sonya Doerr, AICP Community Development Director Alexander Sherrer Code Enforcement Officer DATE: January 06, 2003 BACKGROUND: The owners of Wilson and Wilson Optical have requested a waiver from the sign regulations to allow a new nonconforming sign to replace an existing nonconforming sign. The sign has been the subject of Code Enforcement action since August of 2001, and was a nonconforming sign prior to the most recent revisions to the sign regulations, in that a portion of the sign cabinet extends into the right-of--way. The owners were advised that, in accordance with provisions addressing Nonconforming Signs, they would be permitted to keep the existing sign, provided that all portions of the sign extending into the right-of--way were removed, and further, that the existing sign complied with the engineering and wind load requirements of the Florida Building Code. The owners indicated that they intended to remove the portion of the sign that extends into the right-of--way, but they have been unable to provide evidence that the sign complies with the Florida Building Code. Section 17-14 (3) viii. of the City Code requires signs to be brought into compliance with the current sign regulations for: any change necessary for compliance with Florida Building Code requirements. With the adoption of the amended sign regulations in September of 2002, the subject sign is now'non- conforming with respect to height, placement within the required five-foot setback, encroachment into the right-of--way, and the sign also exceeds the maximum allowable Sign Face Area of eighty square feet. The sign is also presumed not to comply with engineering and wind load requirements of the Florida Building Code. The Applicant has not provided information related to the size of sign they wish to reconstruct, but it is Staffls understanding that they wish to maintain the 25-foot height, and place the new sign in the same general location with no encroachment into the right-of--way. BUDGET: No budget issues; however, as of this time, $2500 in fines have been accessed by the Code ' Enforcement Board. (The Applicant has previously paid $495.83 in administrative charges related to Code Enforcements actions.) RECOMMENDATION: Staff cannot find that the applicant has demonstrated a need for the requested waiver, and can find no justification to allow a Nonconforming Sign to be fully removed and reconstructed as a Nonconforming Sign. ATTACHMENTS: Documentation from the Code Enforcement Board, Staff and the Applicant REVIEWED BY CITY MANAGER: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 AGENDA ITEM #SA JANUARY I3, 2003 Ruth and Kelly Wilson CIo Wilson & Wilson Optical 110 Solana Road Ponte Vedra, FL 32082 December 12, 2002 City ofi Atlantic Beach City Commission 800 Seminole Road Atlantic Beach, FL 32233-5445 To Whom It May Concern: We respectfully request we be allowed to address the Atlantic Beach City Commission at the upcoming meeting Monday, January 13, 2003 regarding the issuance of a variance that would allow Wilson & Wi{son Optical to remove an old sign and build a new sign in its place. Please notify us at the above address of the board's decision regarding this request. Sincerely, ~~ ~ L:,U~~,-~~~-~s~ Ruth Wilson .J RECEIVED Dot: i b Z~flZ OFFICE ~~r 1'iiE CITY CLLRK AGENDA ITEM #8A JANUARY 13, 2003 December 10, 2002 Ruth Wilson Wilson & Wilson Optical 615 Atlantic Boulevard Atlantic Beach, Florida 32233 CITY OFATLt~NTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, ~-ORIDA 32233-5445 TELEPHONE; (904) 247-5800 FAX: (904) 247-S80S - SUNCOM: 852-5800 http://ci.atlantic-beach.fl.us Re: Replacement of nonconforming pole sibn at 615 Atlantic Boulevard Dear Ms. Wilson: I write in response to your phone call of yesterda . the subject of code enforcement action, must be fully re ovedland~e ll~aced incorcontinues to be structural and engineering requirements of the Florida Building Codepthen the replacement sine must comply with currently effective sign regulations. This is not a new provision of the sign regulations that were amended in November of this year; the previously effective sign regulations required that nonconforming signs be brought into compliance when there, were an changes to the structural supports of the si by removed, the new si 1~• Accordingly, if the existing pole sign is fully gn must comply with all applicable provisions of Chapter 17 of the City Code, or alternatively, you have the right to seek a waiver from the City Commission of ce provision of Chapter 17. Please be advised, however, that any such waiver could not exem t the sign from full compliance with the Florida Building Code. You may contact me at 247-5817 bye-mail at sdoerr(a?ci.atlantic_beach.fl us with any questions. or Sincerely, ~i~t~ Sonya D err, AICP Community Development Director i ' cc: Don Ford, CBO, Building Official Alexander Sherrer, Code Enforcement Officer i .. A I C BEACT'' AGENDA ITEM #8A f TY ~F' TZ,ANI' Jr1NUARY 13, 2003 C.B. Date: Se tember 3 2002 Defendants: MR. KELLY E. WILSON ~` . P ~ `r/ ~ ~~ MRS. RUTH WILSON Case # 651-01 Location: 615 ATLANTIC BLVD A/K!A 10-8 20-2S-29E USD3 SALTAIR SEC 1 LOTS 767, 768, 769, 770 RE# 170665-000-9 Violation: t CHAPTER 17, SEC 17-9 BUSINESS 51GN EXTENDING ABOVE CITY RIGHT OF WAY Owner Occupied: X Rental: Homestead: Yes No X ' • Code Enforcement Board Members: ~ ~ ~ ~ . 1. Inspection of the property revealed that a violation of the Code of the City of Atlantic Beach is present. Ownership of the property was determined through: Tax Records x Title Search Other 2. The code #{s) and nature of the violation(s) discovered are: CHAPTER 17, SEC 17-9 BUSINESS SIGN EXTENDING ABOVE CITY RIGHT OF WAY ' 3. The inspection was prompted as a result of a: Complaint X Routine Inspection _ Other ~ . 4. A violation notice was issued to the owner/occupant on: AUGUST 6, 2001 AND AUGUST 8, 2002 ' ~ 5. Notice to the owner-occupant was achieved by: Certified Mail X Delivery Posting of Property. The method of service meets with ' requirements of Florida Sfaiufes 162-12. 6. I did X did not ~ speak with the owner X someone ~n charge of the property concerning the violations. 7. Brief description: • In July of 2001 the City's Code Enforcement Office began to investigate all business signs within the ' jurisdiction of the City of Atlantic Beach for compliance with City Code. This investigation was prompted because of complaints received involving the condition and placement of business signs throughout the City. The business sign located at 615 Atlantic Blvd was one such sign and was found to be in violation of Chapter ' 17, Sec 17-12; Sign placed within the 5 ft setback and Chapter 17, Sec 17-9; Sign extending above the City's Right of Way.. A certified letter was mailed to Mr. Kelly Wilson on August 7, 2001 allowing 30 days for compliance. ' On December 12, 2002 the City Commission Grand-fathered all existing business signs with the exception of those that were found to be of a safety risk, were over 25% deteriorated, within 5 ft of power lines, and signs • protruding or overhanging into the City Right of Ways. All businesses signs that were Grand fathered were ' notified in writing. Those that were not Grandfather received either a phone call or a personal visit. Wilson and Wilson received a personal visit in January Of 2002 at which time Mr. Kelly Wilson said that his wife was handling everything concerning the sign issue. I received a call the next day from a Mr. Taylor of Taylor Signs, who said he was working with the Wilsons. In May of 2002, I contacted Taylor Signs concerning the Wilson Sign, and was told that everything was pending. I contacted the Wilsons and was told by Mrs. Wilson that times were tough but she would work with the Zoning Office about options. Juiy 3, 2002 no progress had been made towards compliance, a certified letter was mailed to the Wilsons allowing for 30 days to comply. The letter was received and signed for on July 8, 2002. AGENDA ITEM #8A PAGE 2 JANUARY 13, 2003 CODE PRESENTATION SHEET 8. The latest inspection was made August 13, 2002. 9. The business sign violation(s) is still present X in compliance _. ~ . 1 10. In order to achieve compliance, it is necessary to con-ect the violation: By remove moving the business sign. 11. I do X do not have a photograph of the property and violation as it existed on the property. It represents a fair and accurate representation of the property at the time it was taken. 12. I would estimate that 14 days for the sign removal would be sufficient time to correct the violation. 13. Further Comments: None. 14. Summary: Mr. And Mrs. Wilson have had more then sufficient time to bring their property into compliance with City Code and that the 14 days to correct the violation is for the removal of the sign. Any relocation or ~. replacement of the sign will have to be permitted and approved by both the Building and Zoning Departments. 15. Recommendations: That Mr. And Mrs. Wilson be found guilty for non-compliance, and per Florida Statute 162.07 (2) be . assessed the full administrative costs of conducting this hearing, and per Florida Statute 1fi2.09 ' (2)(a) be fined $250.00 dollars a day for every day past the compliance date, up to the full X2,500.00. If upon the 24'" day, the violation is not corrected, the City df Atlantic Beach be directed to have the sign removed and that all costs incurred be billed to Mr. And Mrs. Wilson. Respectfully submitted, Alex Sherrer Code Enforcement Officer AGENDA ITEM #8A JANUARY 13, 2003 Code Enforceme~._ Administrative Charges for Pres...tation to the Pursuant to Florida Statute 162.07 (2) the following charges for prosecuting this case before the Code Enforcement Board shall be charged to the violator provided he or she are found in violation. Code Enforcement Board Meeting: September 3, 2002 ' Case Number, 651-01: Mr. Kelly E Wilson & Mrs. Ruth Wilson, 615 Atlantic Blvd, Atlantic Beach, FL 32233 Code Enforcement Officer, $ 14.95 per hour x 13 hours = $194.35 t Code Enforcement Secretary, $ 10.00 per hour x 3 hours = $ 30.00 Code Enforcement Attorney, $125.00 per hour x 2 hours = $250.00 ' Postage, Certified Mail, $ 3.74 x 2 = $ 7.48 ' Copies, Xerox $ .10 x 140 pages = 14.00 ' Total Charges $495.83 September 3 2002 Alex Sherrer Code Enforcement Officer ' .• .. '~ 1 AGENDA ITEM #8A ' ~ JANUARY 13, 2003 .• ,. 1 ~ .. .._._....._ , .~ ___.. ...___..- --.._...... _... 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