Exh 3BAGENDA ITEM 3B
FEBRUARY 24, 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
twenty-five feet. (Request continued from previous meetings.)
SUBMITTED BY: Sonya Doerr, AICP _~
Community Development Director
DATE: January 31, 2003
BACKGROUND: Staff has continued to attempt to identify options that may be available
to the owners of Wilson and Wilson Optical regarding signage for their business at 615
Atlantic Boulevard. The subject business is located on a 100-foot by 100-foot corner property.
A copy of the property survey is attached. The existing building is a nonconforming structure
in that the required front street side setbacks are not provided. (The survey indicates that the
building is located 6.2 feet from both the Atlantic Boulevard and Pine Street property lines.)
Approximately one-half of the Atlantic Boulevard frontage is occupied by the building with the
other half occupied by parking and driveway. Following is a summary of the types of signs
that are permitted by the Sign regulations.
., _
~ °~ ~ ~ ~-.
"~ ~~~`' ~"~ f An eight-foot high and ten-foot wide freestanding sign could be
.placed generally in this location at a distance of five feet from the
a= ?' front property line. If the five-foot setback is maintained, there
should not be an interference with sight distance for pedestrians or
traffic exiting the site and turning right onto Atlantic Boulevazd.
(The property owner has indicated that the chain link fence will be
removed.)
,_`\` ;
~~ 1 ~ An eight-foot high and ten-foot wide freestanding sign could
~, --~, also be placed generally in this location; however, a waiver from
` ~ ~, the five foot setback would likely be required since the building
~~ ~'~ is only 6.2 feet from the property line.
AGENDA ITEM 3B
FEBRUARY 24, 2003
The sign regulations would permit a maximum of 60 square feet of
fascia signage on the building. For example, a 20 square foot sign
could be placed upon the front side and 20 square foot signs could
also be place on each side of the building.
Bracket sign, fascia sign could be placed on
front of building.
BUDGET: No budget issues.
RECOMMENDATION: It is Staff's opinion that there are alternatives, which would
provide adequate signage for the business, in compliance with the sign regulations.
ATTACHMENTS: Property Survey.
REVIEWED BY CITY MAMA ER:
2
' AGENDA ITEM 3B
FEBRUARY 24, 2003
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AGENDA ITEM 3B
FEBRUARY 24, 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 twenty-
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 fve-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
Staff's 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:
AGENDA ITEM 3B
FEBRUARY 24, 2003
Ruth and Kelly Wilson
C/o Wilson & Wilson Optical
110 Solana Road
Ponte Vedra, FL 32082
December 12, 2002
City of Atlantic Beach
City Commission
800 Seminole Road
Atlantic Beach, FL 32233-5445
To Whom It May Concern:
We respectfufly 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 & Wilson Optical to remove an ofd sign and build a
new sign in 'rts place. Please notify us at the above address of the board's decision
regarding this request.
Sincerely,
~~~~~~~
Ruth Wilson
-.
RECEIVED
D~~: t b ?"02
OFFICE ~.Ir THE CITY CLERK
~' ~ TY ~ F ATLANTIC BEACTT AGENDA ITEM 3B
FEBRUARY 24, 2003
C.B. Date: Se tember 3, 2002 Defendants: MR. KELLY E. WILSON
P t)E'Y
MRS. RUTH WILSON
Case # 651-01 Location: 615 ATLANTIC BLVD
A/K/A 10-8 20-ZS-29E USD3 SALTAIR 5EC 1 LOTS 767, 768, 769, 770
RE# 170665-000-9
Violation:
CHAPTER 17, SEC 17-9 BUSINESS SIGN 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 Statutes 162-12. .
6. I did X did not speak with the owner X someone in 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
notfied 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 conceming the sign issue. I received a call the next day from a Mr. Taylor of
Taylor Signs, who said he was working with the Wiisons. In May of 2002, I contacted Taylor Signs
concerning the Wrlson 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.
July 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 3B
FEBRUARY 24, 2003
CITY OFATLANTIC BEACH
800 SE1buNOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
'TELEPHONE; (904) 247-5800
FAx: (904) 247-5805
SLINCOM: 852.5800
http://ci.atlandc-beach.fl.us
December 10, 2002
Ruth Wilson
Wilson & Wilson Optical
615 Atlantic Boulevard
Atlantic Beach, Florida 32233
Re: Replacement of nonconforming pole sign 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 er ovedrand~epignac'ed incorder to me to be
structural and engineering requirements of the Florida Building Code, then 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 si
regulations required that nonconforming signs be brought into compliance when there were an
changes to the structural supports of the si Y
removed, the new sign must comply with agnll applicab er Provisions ofrCha teo117sof is full
Y
Code, or alternatively, you have the right to seek a waiver from the City Commission of certain
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 or
bye-mail at sdoen(a~ci.atlantic-beach.fl.us with any questions.
Sincerely,
~~~_
Sonya D err, AICP
Community Development Director
cc: Don Ford, CBO, Building Official
Alexander Sherrer, Code Enforcement Officer
PAGE 2
CODE PRESENTATION SHEET
8. The latest inspection was made August 13. 2002.
9. The business sign violation(s) is still present X in compliance _.
10. In order to achieve compliance, it is necessary to correct the violation:
By remove moving the business sign.
AGENDA ITEM 3B
FEBRUARY 24, 2003
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 162.09
(2)(a) be fined $250.D0 dollars a day for every day past the compliance date, up to the full $2,500.00.
- 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 3B
FEBRUARY 24, 2003
Code Enforceme~__ Administrative Charges for Pres.__tation to t,
Pursuant to Florida Statute 162.07 (2j 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 Mee#ing: 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
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