Loading...
1515 Ocean Boulevard Complaint Ltr 05.31.2006 • .f�'�! L`J jjv� CITY OF ATLANTIC BEACH d i -;� 800 SEMINOLE ROAD S. ATLANTIC BEACH,FLORIDA 32233-5445 'SJ ,. g,,,.� _�,� �-� TELEPHONE:(904)247-5800 •J S) FAX: (904)247-5805 SUNCOM: 852-5800 www.coab.us May 31, 2006 Mr. & Mrs. Gerard Petroni 1879 Beach Ave Atlantic Beach, FL 32233 Subject: Atlantic Beach City Code, Chapter 24, Section 24-17 Zoning and Subdivision Regulations Dear Mr. & Mrs. Petroni, Duval County records identify you as the owner of the following property in the City of Atlantic Beach, Florida: Re: 1515 Ocean Blvd A/k/a: 16-2S-29E Mandalay Lots 1, 2 Blk 63 RE# 171868-0000 This is to inform you that the City of Atlantic Beach has received several complaints concerning your property at 1515 Ocean Blvd and that an investigation has been initiated by the Code Enforcement Office. It has been reported that more then two unrelated persons are residing at this address. This would be a direct violation of City Code, Chapter 24, Sec 24-17, which refers to single-family dwellings as one occupied by a family. By definition, a family shall mean one or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A social unit of not more then two (2) persons living and cooking together in a single housekeeping unit, though not related by blood, adoption, or marriage, shall be deemed to constitute a family. Should our investigation reveal a violation of City Code, you as the property owner will be held responsible. Furthermore, you are reminded as a property owner of your responsibilities to the community to maintain your property in good order, and that violations of City Code can result in fines of up to $500.00 per day, per violation from the Code Enforcement Board Should you have any questions or concerns involving this matter, you can contact me at (904) 247- 5855. „00,(Arde./7 ALEXANDE J. SHERRER Code Enforcement Officer C: Public Safety Director Sherrer, Alex From: Doerr, Sonya Sent: Monday, July 10, 2006 12:14 PM To: Sherrer, Alex Subject: 1515 Ocean Boulevard Alex, I have looked into this one(and I apologize if I confused this property earlier with the Petroni's oceanfront property, which is entitled to have a garage apartment.) I can find nothing in the property files where anything was ever approved for 1515 Ocean to contain anything but a single family residence (1959) with a garage addition (1977) and a pool (1972). There are various other permits that have been issued over the years updating roofing, plumbing, electrical, but none of these are for the purpose of creating a second dwelling unit, which would never have been permitted. The property is two lots, but it is developed as one property. All I can conclude is that the previous owner built the garage then converted it to a dwelling unit himself. ...in other words, it is an illegal dwelling unit, not some"grandfathered" use. The garage can contain any of the below, but not a Dwelling Unit. Garage,Private shall mean a detached residential Accessory Structure or a portion of the Principal Building used as a work or hobby space, for recreation or leisure activities, or for the storage of motor vehicles and personal property belonging to the occupants of the Principal Building. A Private Garage may contain sleeping quarters, electrical service and plumbing, but shall not contain a Kitchen and shall not be converted to or used as a Dwelling Unit. No Home Occupation shall be conducted with a Private Garage,unless approved in accordance with the provisions of Section 24-159. A carport shall be considered as a Private Garage. (See Section 24-151 (b)(1) iv.) Guest House or Guest Quarters shall mean a Building or portion therein used only for intermittent and temporary occupancy by a non-paying guest or family member of the occupant of the primary residence. A Guest House or Guest Quarters shall not be converted to or used as a permanent Dwelling Unit, shall not be rented for any period of time and shall not contain a Kitchen, but may contain a Kitchenette as defined herein. Sonya Doerr,AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. 1 July 18, 2006 Ms. Sonya Doerr City of Atlantic Beach Planning and Zoning 800 Seminole Rd. Atlantic Beach, FL 32233 RE: Request for enforcement of the zoning ordinance(s)to prohibit the use of the property located at 1515 Ocean Blvd. as a multi-unit rental dwelling in a single family district. Dear Ms. Doerr: Sometime around the middle of May, a neighbor and I initiated a complaint through Code Enforcement regarding a zoning violation pertaining to the illegal rental activity occurring at 1515 Ocean Blvd. We spoke with Mr. Sherrer and informed him that the property contained 2 separate rental units, and that we believed that the house had been further partitioned to create a 3rd rental apartment. We advised Mr. Sherrer that there are 3 separate families,totaling 5 non-related individuals, living in the 3 apartments. Mr. Sherrer's initial response was that no more than 2 non-related people could occupy the property but he indicated that he would need to talk to zoning, and possibly other departments,before any action could be taken. He indicated that he would follow up with us once he obtained more information. Listed below is a chronology of the events that have taken place so far, but before I elaborate, I do want to provide some additional facts about the property and the situation. The property is a ranch style home with a 2nd story element at the north end. There is no garage. The 2nd story element is a 1 bedroom apartment with a full size, fully equipped kitchen. A single female is living in the apartment with her boyfriend. The main house, which also has a full size kitchen, is occupied by a single male. There is a 3rd apartment under the 2nd story element which has a separate entrance on the north side of the home. This unit is being rented to a single female and her male companion. I am not sure what • type of cooking facilities this has but my neighbor is certain that it has cooking facilities. The property was purchased last year(June 2005), and the owner does not reside in the property. The previous owner owned the property for a long time (15-20 years). In the three years that I lived next door to the previous owner,the apartment was never rented. It was used occasionally by the owner's brother and his wife when they visited from Maine. There are other neighbors that have lived here much longer than I who will confirm that this apartment has never been a rental in the past. The new owner, after purchasing the home,has begun renting the 2nd apartment and the 3rd unit. He has essentially created a triplex in an area that is zoned for single family. The chronology of the events that have occurred so far are as follows: Mid May-A complain was initiated through Code Enforcement by myself and another neighbor concerning the rental activity at this location. We were told by Mr. Sherrer that he would do some investigation and follow up with us. 3rd week of May- I made a follow up call to Mr. Sherrer. He told me that he needed to talk with you,that you were out of town until the end of the week, and that he would contact me next week. Last week of May-Mr. Sherrer contacted myself and the other neighbor. He informed us that he had spoken with you and confirmed that this property was not a legal duplex. He told us that he was going to send a certified letter to the owner requiring him to reduce the number of occupants in the property to 2. He also told me there would be a$500 per day fine if there was a continuing violation after the 30 day period. July 10th-Approximately 6 weeks after the certified letter was sent, I made a follow up call to Mr. Sherrer, and to my surprise, was told me that the 2nd apartment was a legal apartment. This was surprising news to me because I thought that it had already been determined that this property was not a legal apartment. I asked him who gave him that information and he indicated that you had informed him of this. This sudden reversal of opinion was unexpected, especially when he had indicated that you had previously provided the opinion that it was not a legal duplex. I told him that I would contact you directly, and I did. When I spoke to you about this matter,you indicated that you were not sure about the specifics of the matter but that you would look into it and get back to me. You never did follow up with me. July 11th- I made a follow up call to Mr. Sherrer concerning some additional questions that I had on this matter. He told me that he had spoken with you that morning and that you had determined that this property was not a legal duplex, and that it had be created illegally sometime in the past. He also stated that either you or he had spoken with the owner about it that morning and that the owner told you that the tenants in the 2nd story apartment were supposed to have moved out by the 4th of July,but there was a delay getting into their rental. I was told that they would be out by the weekend of July 15th& 16th. July 18- Letter sent to City officials requesting enforcement action. As of today,the tenants have not vacated and there is no indication that they are planning to leave. I question whether the tenants in the 3rd unit have been addressed with the owner. Nearly 2 months have passed and there is absolutely no evidence that anyone is .planning to leave. I do not receive any follow up from anyone at the City as to what is going to be done. I am extremely frustrated with the lack of action or follow up on the part of the City. I am beginning to believe that, for whatever reason,the City is looking the other way. This is a serious breach of the zoning regulations and it needs to be addressed. At present,there are 5 non related individuals living in 3 separate units in this single family house. There are 3 dogs, 9 puppies, and 2 cats. There are 5 cars and 1 motorcycle. A 7-10 year old child has been seen jumping off of the roof into the swimming pool. My wife witnessed this on one of the occasions and my wife immediately confronted the party who was responsible for her care. The rental activity occurring next door is adversely affecting my quality of life and that of other neighbors. We feel that we are living next to a boarding house or commune. It is unimaginable that the owner, who is an Atlantic Beach resident, would rent this property as if it was a boarding house, with a complete disregard for the surrounding neighbors and the zoning regulations of the community. I do not know what has transpired since my July 11th conversation with Mr. Sherrer . Has any addition written notice been sent? Does further notice need to be sent?Is the owner being fined for the continuing violation?If not, why?When will the owner start incurring fines?What is to be done to prohibit the rental of these units in the future?Can the owner move into one unit and continue to rent the other?Is the City going to require the kitchens in the 2"1 and 3rd apartments to be dismantled? As you can see,there are many issues that need to be addressed. It is not just a matter of"reducing the number of renters to 2". Based upon my understanding of the situation, I would expect the following course of action to be taken. (1) In light of the fact that the owner has received written notice concerning the breach of the zoning ordinance previously, I am not sure whether additional notice(s) is required. If it is not required, I would expect the owner to be fined for each day that the property is out of compliance; however, if additional notification is required, I would send a FINAL NOTICE to the owner notifying them that they are in violation of the zoning regulations on 3 counts,namely(1) That they are renting an apartment that was created illegally in the past; and that they are prohibited from renting this apartment(2)They have created a 3rd rental apartment which is being rented illegally, and as such,they are prohibited from renting this unit; and(3),there are more than 2 unrelated people living in the house. (2) I would require that the tenants living in the 2 illegal units to vacate immediately. (3) I would require an immediate inspection of the property to assess the situation. I would request that additional kitchens in the property be dismantled. (4) I would advise the owner(who does not live in the property)that if he continues to rent the main house that he is not permitted to use the illegal units or allow any of the owners friends to use the other apartments. I think that dismantling the Kitchens is required because future enforcement of this provision is almost impossible if the other units remain intact. (5) I would give the owner the shortest period of time allowed to correct this situation since he was given notice over 2 months ago. I would begin imposing fines as soon as possible if this property is not brought into compliance The rental activity that is occurring next door is unacceptable. There are too many people,too many vehicles,too many animals, and too many people coming and going. The zoning regulations prohibit the way that this property is being rented, and I fully expect the protections afforded to me, and my neighbors,under our zoning ordinances to bring this property into compliance; furthermore, I fully expect the City to vigorously and expeditiously enforce the zoning regulations with respect to this matter. In closing, I would request that you provide me with a written response to my complaint, indicating what course of action that you intend to take and the time frame that you anticipate it will take to bring the rental activity at this location into compliance. I would appreciate status calls going forward regarding the progress of your efforts. Please let me know if there is any other action that I need to take at this point in order to get enforcement action from the City. Sincerely, wk Mark Jo son 175 15th Street Atlantic Beach, FL 32233 904-242-8606 Mjohnson12@sprynet.com Cc Mr. Jim Hanson Mr. Alex Sheffer j XV�Y�r� CITY OF ATLANTIC BEACH BUILDING AND PLANNING '„), 800 SEMINOLE ROAD { ` SSS` ATLANTIC BEACH,FLORIDA 32233-5445 -) TELEPHONE:(904)247-5800 J -t r- z FAX:(904)247-5845 :'.1`''''-..--:,'1:.--.„. : :'r http://ci.atlantic-beach.fl.us yr , 3 July 19, 2006 Mark Johnson 175 15th Street Atlantic Beach, Florida 32233 Re: Complaint regarding 1515 Ocean Boulevard (Lot 1 and Lot 2, Block 63, Mandalay subdivision) Dear Mr. Johnson: I have received your letter of complaint related to 1515 Ocean Boulevard. You have stated in your letter that I have not previously followed-up with you. We have spoken regarding this matter, and as I advised you at that time, this is a Code Enforcement issue, which pursuant to City Code and Florida Statutes must be investigated in accordance with procedures set forth in those regulations. I advised you that I would assist Mr. Sherrer with researching information related to your complaint, which I have done, and I know that he has spent considerable time looking into this matter. Code Enforcement, however, has no legal authority to demand entrance to a residence in this situation, and can legally enter the home only by invitation of the property owner. Both Mr. Sherrer and I have also spoken at length to the property owner, Mr. Petroni, who acknowledges that there is a second Dwelling Unit on the property within the attached addition, which he believes has existed since about 1977 based upon information provided to him by the previous owners. This would not be inconsistent with the City's permit records. Building permits were issued for a "residence addition” in February of 1977. (I have enclosed copies of those permits.) Unlike today, interior floor plans were not always required at that time, so it is impossible to verify whether the kitchen was added as part of that addition or at a later time. Mr. Petroni stated that the second dwelling unit existed as it now does when he purchased the property and when the property was owned by the previous two owners. As I advised previously, to my knowledge, this property has been zoned single-family since at least since 1982. I do not have zoning maps prior to 1982, but it in not entirely uncommon to find such second dwelling units in older houses in this area of the City, often created before the City was incorporated and prior to zoning. . Page two,Mr.Johnson July 19,2006 Given that permits were issued by the City for this addition, although it is not entirely clear exactly what was included in those permits, I need to consult with the City Attorney to determine whether there exists a vested right to maintain the existing second dwelling unit. Mr. Sherrer and I spoke again today with Mr. Petroni, who informed us that he is out of town until the middle of August. Mr. Petroni advised that he would open the home for inspection by Mr. Sherrer when he returned, and that it his intent to resolve any issues in accordance with City ordinances that may apply. Finally, as you may be aware, this property contains two legal Lots of Record, which could be redeveloped individually with each lot containing a new single-family residence. Sincerely, Q �azhh Sonya B. Doerr,AICP Community Development Director Enclosures cc: Alex Sherrer, Code Enforcement Officer Jim Hanson, City Manager Alan Jensen, City Attorney • July 20, 2006 Ms. Sonya Doerr City of Atlantic Beach Planning and Zoning 800 Seminole Rd. Atlantic Beach, FL 32233 RE: Complain regarding 1515 Ocean Blvd. Dear Ms. Doerr: Thank you for your prompt response to my letter. For the record,the only conversation that we have had was on July 10th,as stated in my letter. I have not spoken with you since that date. Your letter indicated that my complaint is a Code Enforcement issue. I contacted you because Mr. Sherrer is clearly taking direction from you, and since I am in disagreement with your position, I thought it would be appropriate to speak with you directly. Clearly, Mr.Sherrer is not going to enforce a Code violation if you are telling him that there is no violation:. Your letter did not address 2 aspects of my complaint.My complaint concerns a single family home that has a rental apartment and another unit which has been partitioned and rented. It also involves the number of un-related parties (5) living in the property. This aspect of the complaint continues to be ignored. It is clear from your letter that you are only addressing the duplex status. Even a duplex would only allow a total of 4 un-related people. I am certainly confused as to why the City keeps flip-flopping as to whether this is a legal duplex. Initially, it was determined that it was not a legal duplex and a letter was sent to the owner accordingly. On my follow up call of July 10th, I was told by Mr. Sherrer that it was a legal duplex. On my call of July 11th to Mr. Sherrer,he indicated that you told him that it was not a legal duplex;that you had spoken to the owner, and that the tenants in the 2nd floor apartment would be vacating. Today,judging by the tone of your letter, it appears that you are now defending the owner's right to rent the 211d apartment. First and foremost, none of the permits you provided in your letter to me included a permit for a kitchen or rental apartment. If someone was building a rental apartment there would be some evidence in your file that would indicate this. In your letter to me,you stated that Mr. Petroni believed that the 2nd rental unit"has existed since about 1977 based upon information provided to him by previous owners." You further state, "this would not be inconsistent with the City's permit records."That is not true. It is inconsistent with the City's permit records, as there is no permit for another apartment or kitchen. The kitchen was not added in 1977. As I stated in my letter of complaint,the previous owner, Mr. Billy Sprague,told me that he had added the kitchen during his ownership of the property. He acquired the property in 1988. Apparently, it was done without permits.Nevertheless, it was created after 1982,which is when the new zoning was established. Mr. Sprague added the kitchen to create a mother-in-law suite. It was never rented. There are 4 other neighbors who will confirm this fact. If the City allows this owner to commence renting this property as a multi-family rental when there is no history of previous rental and no evidence that the kitchen was permitted,the City is granting a duplex use of the property without going through the proper protocol. It would also be establishing a very dangerous precedent. Based upon your position, it is possible for someone to purchase a home that was built prior to 1982, install a kitchen without a permit, and begin renting that additional unit, claiming that has existed in the past. Since Code Enforcement is unable to gain access to the property, enforcement is impossible. The more important point though is, if this property was converted to a duplex legally in the past, and prior to 1982,the present owner has lost any vested right to its rental according to Sec 24-85 (d), (3) of our ordinance (see page 42, a copy of which is included with this letter)which addresses the discontinued or abandoned uses of non-conforming uses); it states, "Discontinuance of Nonconforming Uses. In the event that a Nonconforming Use of Land is discontinued or abandoned for a period of six(6)months or longer,any subsequent Use of such Land shall conform to the applicable Zoning District regulations as set forth within this Chapter as well as applicable provisions of the Comprehensive Plan." This property would clearly be a non-conforming use.This apartment has not been rented in the time since I purchased the home next door in August 2003. Other neighbors,who have lived here much longer than I,will sign an affidavit verifying that this apartment has never been rented.Any vested right to rent this apartment was extinguished long before the present owner purchased the property. In addition,when the property was offered for sale,the MLS information made no representation that this was a duplex or contained another rental apartment. The apartment was described as a "mother-in-law"suite.The listing agent and seller understood that this apartment could not be rented. If Code Enforcement is not permitted to enter the property,perhaps the signed affidavit or testimony of several neighbors would be sufficient to bring an action.I fmd it implausible that the City is powerless to investigate and enforce the zoning codes.I do not understand why the City is siding with this property owner when the evidence appears to be overwhelming that he is violating the zoning ordinances. Your position seems to be that since there is a kitchen in this property,that it must be a legal duplex, In closing,I would like to comment on your point that you made in your letter indicating that this property has 2 lots of record and that the owner has the right to build 2 single family homes. This property is located within the targeted area for the new zoning ordinance that is under consideration.I would anticipate that the owner would move quickly to get a building plan submitted prior to the adoption of the new ordinance in order to"grandfather"the plan.I would certainly expect that an expiration date be given for commencement of construction so that this, or any property owner,can not circumvent the new ordinance indefinitely.As to your other point about there being 2 separate building lots, I am under the impression that the common lot line between the 2 plated lots was vacated when the existing home was built over it.I certainly intend to do follow up research on this issue going forward and I will be monitoring the situation closely. In closing,I request that the 3rd rental unit be addressed,as well as the total number of individuals residing at the property. With the City Attorney's involvement in this matter,I would hope that a defmitive answer can be provided. I would also expect the other 2 unanswered aspects of the complaint to be provided at that time as well. Sincerely, M Mark Johnson 175 15th Street Atlantic Beach, FL 32233 904-242-8606 Mj ohnson12@sprynet.com Cc Mr. Jim Hanson, City Manager Mr. Alex Sherrer, Code Enforcement Officer Mr.Alan Jensen, City Attorney 21)06-08-11 14:09 ,KEY P 2/2 P/14/24 5PAed BANY / ERNAT/ONAL 07) Gid s See M . 0.937 4,Prisr0 zoo griler ....___ fd.„ e71-y_ 4/ /, 4.!1 .__. G�JR!//�J� --74/5 Abbe 7/f� .4e�rle�fo, AR• `Pea�'�m;.... e�s o .. . lh� cvlF� �-,� � w�� .. �.. awe . .. .. a 575,ey homes ...�• /6!S• ..���p�/ 3/ik! 41Q sol 7 ho!rL _... .. 2. 46'01-Mc. 4oi r/e044. aofi,�: S5470 r 1957. Illne, r ., .P . 'pu `cn59, , e . it cds edted . . _- X61.4111WoA4 f . 1�� 4514_c: Lis t /ems ._.. . ,U Gvd 4I s?~R .,U4. r c . /e. ..../...�0 SlWrgRA-1 . me/2e- eve- AAIL Ilk/0qt- vote See -1-h7; /5 emJ/7 tdMr we - /1/K- `1 er0gi_ Gfe- . o Ad . 1 NL pR°u --P13.--oPek- ... _ W.2�:. Rem..c c�0l� fiu, '{'' ,9,vd 4-iv o ..... �f. .. 'u" ``27K1517/71 St47 .. . .... . 4/ C .._...terr. . f i/ � ��� "rt. frgviiiY 0w4er 1515 OCEAN BLVD - MAIN KITCHEN - 8/8/06 : 1 t , 1 , . -., . . . . . ,., .-, . _ . ii 1 41 . t , ., . . •. . . • .... . .......... .. . . . . . ,...... i 1 , ' .I. i . , . . ., ,.._ . A- • 1 .- .,^ -7,r-. -• . -. .11•S . . IIII ,.. •' , ......... , ., . ....• . , 7 . '. 4.- # '. 4• _ _ . 4 . ....: i - _ .,.. . -. . --AR - -• •. 11.4.4..a... ' -41,111.711111Pi it 1.,.,, - ',...:.4.:,..-.4 or.' -.---",,-_,, , ..- q - . • . .,.... ;.-::::.;. ,..AA• -,.- •,,,, ‘,-.A.1.,.-,.-5...-.1%.'•' di,1 ir%,-.-.4-t0-1.71y1,4' 1'6....,.!...•..1.... I'..-4.„-.'.C:'.''/..''7,•_,-...4-'...-, - .'....., , ., 0 _ _ •''.' — ....P_.* _.., ..., . . 3r, . ,.. ,... . , . ....-- - ..„---- 1-------":"."----; ..„-- ...--- .. , --- ...,., . .... i .. ,.:..... .. - '...., . ....._. I , ,., - - .......,.. 3,-.---- t- .. , I . ,. .." , I ./- L 1515 OCEAN BLVD - SECONDARY KITCHEN - 8/8/06 g cs a. 010.0*011004100010 g' d 1515 OCEAN BLVD - UNSTAIRS KITCHENETTE - 8/8/06 i.-,, ....." 1 .. t e, K * '.--"' • 4 • .. , e!....... ,,._. _ , :-- !.....,-. . , ,...., . -. . ' , . _ .. .... ,,:d- _ • - k. \ -.- - 4-.47 .....z45•4:-'--; '`.. Vie, ._... _ . •- , , •- , . 4. .:7- - 4, _.. ..._ • i . .. . 4.a..,....' ..--...-1 1 • .. : , iiik...... . . N. ,-L..e. _. •44.i— ..14 . ... - \ Si ....4w4r114, ' . I r . . i.... ....._ , , . , -- , ....; ... , I . if ..f. „. . ,. ii .. . 1 I ' , ',.•' "'-. , f. ‘k‘ , , 11 - 1 ,. layhlitrak . _... . . . ,n . .. . . . riti A