CE 321 5th Street 18-094 le
141. 4# CITY OF ATLANTIC BEACH
�, 800 SEMINOLE ROAD
eta _ ATLANTIC BEACH,FL 32233
; PHONE (904)247-5800
r,
3/29/2018
CERTIFIED MAIL RETURN RECEIPT REQUESTED
70131710000216914085
JACKSON and GRACE ELIZABETH ALLEN
321 5TH STREET
ATLANTIC BEACH, 32233
Real Estate Number: 169859 0010 Case Number: 18-094
Location of Violation: 321 5TH STREET, Atlantic Beach,Florida
Dear Mr. and Mrs. Allen:
On August 14, 2014 The City of Atlantic Beach's Public Works Director sent you a letter regarding
impervious surface areas added to your lot without a permit which appeared to be causing storm water
runoff issues. Specifically, there were questions regarding a potential violation of the total impervious
surface area on the lot. Our records indicate this matter was addressed via a series of casual emails
between Mr. Allen and the Director. However, the Director never performed a site inspection, the
information provided was not verified, and a new permit was never issued. In addition, visual
inspections within the last sixty days indicate that the lot has also been altered in a manner that will not
allow the drainage plan attached hereto,to perform as approved.
On December 14, 2017 the City Manager sent you a second letter outlining these issues and requested an
updated survey that accurately reflects your lot's impervious surface. The letter also requested post-
construction topographical data as required by Chapter 24 of the City Code. To date, we have not
received a current survey illustrating the lot's impervious surface, post-construction topographical data,
or an amended storm water plan that would indicate compliance.
As a result, it appears that work has been performed without permits at 321 5th Street which are in
violation of The City of Atlantic Beach's Land Development Regulations. Specifically, additional areas
of impervious surface, landscaping, and grade changes have occurred without permits which have
altered the approved drainage plan for the lot and may exceed the allowed impervious surface.
VIOLATIONS
Florida Building Code:
Section 105 Permit 105.1 Required: Any owner or authorized agent who intends to construct, enlarge,
alter, repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any required impact resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such
work to be done, shall first make application to the Building Official and obtain the required permit.
Atlantic Beach Land Development Regulations:
Sec. 24-66. - Stormwater, drainage, storage and treatment requirements:
(a) Topography and grading. All lots and development sites shall be constructed and graded in
such a manner so that the stormwater drains to the adjacent street or an existing natural element
used to convey stormwater.
(b) Onsite storage. The applicant shall be required to provide onsite storage, such that there is no
increase in the rate or volume of flow to offsite, from every developed or redeveloped parcel, and
for any addition or modification that increases the impervious surface area on a developed lot by
ten(10) percent or four hundred (400) SF, whichever is smaller and provide documentations and
calculations to demonstrate compliance.
Sec. 24-67. -Development review and issuance of development permits:
(c) Site development plan required. A site development plan, drawn at a clear and legible scale,
shall be required for all new development,other than interior renovations, in accordance with the
following provisions:
(1) Single-family, two-family (duplex) or townhouse and structural alterations or
additions thereto, including swimming pools and accessory structures. A certified survey
and site development plan accompanied by the required application form and review fee
as established by the City Commission shall be submitted to the building department.
Each of the following items shall be addressed:
a.All driveways and parking.
b.All existing and proposed structures.
c. Setbacks, any platted building restriction lines and height of buildings.
d. Any jurisdictional wetlands or coastal construction control line, water bodies,
any required buffers or significant environmental features.
e. A pre-construction topographical survey, pursuant to Section 24-66, unless
waived in accordance with the provisions therein.
f. A summary table showing proposed impervious surface area, including all
structures, walkways, driveways, parking and equipment pads and any other
surface defined as impervious in Section 24-17.
Sec.24-106. -Residential,single-family district(RS-2):
(f)Building restrictions. Building restrictions within the RS-2 zoning district shall be:.
(1)Maximum impervious surface: Fifty(50)percent.
TO CORRECT
This letter formally requests the noted violations be corrected by providing the City a current site plan as
required in Sec. 24-67 in conjunction with stormwater run off calculations that are signed, sealed, and
certified by a licensed engineer within thirty (30) days of this notice. Current stormwater runoff
calculations should illustrate compliance with your previously approved drainage plan, per Sec. 24-66
and Sec. 24-106.
Please provide the requested information no later than June 15, 2018. Be advised that if the noted
violations are not corrected,this matter may by referred to the Code Enforcement Board.
Our goal is to keep neighborhoods looking well maintained while protecting property values and your
cooperation is greatly appreciated. Please contact me at (904) 247-5817 if you have any questions or
need additional information.
Sincerely,
Shane Corbin
Director of Planning and Community Development
Winter Law Firm
PROFESSIONAL ASSOCIATION
310 THIRD STREET
NEPTUNE BEACH, FLORIDA 32266
W ALAN WINTER TELEPHONE(904)242-0222
awinter@winterlawfirm.com FAX(904)242-7051
Monday, May 14, 2018
City Planner; Building and Zoning Department
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Re: Ocean Boulevard
To the City Planner:
As a concerned citizen living on Ocean Boulevard, I am aware that the
City required Mr. Andy Pitler to pay $1,200.00 for restoration efforts and sod for
the city easements on Ocean Boulevard and Third Street last year so that he
• could obtain his certificate of occupancy. We are now confronted with more
destruction of the easement on both Ocean Boulevard and Third Street and it is
my hope that the City will be consistent in their monitoring of this problem and
of the assessment of fees required to restore the easements.
I have included three photographs that show the traffic on the easement.
I will continue to document the destruction. Thank_ ing yo, in advance for your
consideration of this matter.
Si ce el
! � 1
•
W. Alan Winter, Es•uire
Fla. Bar No.398713
WAW/rd
Cc: photographs (3) RIEC IVE D
MAY 1 7 2018
Building Department
City of Atlantic Beach, FL
Page 1 of 1
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