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1875 Beach Avenue 15-ZVAR-1022 EmailsReeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Wednesday, February 18, 2015 9:14 AM To: Reeves, Derek Subject: Re: Variance Hearing Thank you. From Tracy's phone. On Feb 18, 2015, at 8:12 AM, Reeves, Derek <dreeves@coab.us> wrote: Tracy, I checked with Jeremy. He is fine with moving your variance to April. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a'-)coab.us From: Tracy Synan [mailtoasynanCcbicloud.com] Sent: Tuesday, February 17, 2015 10:46 AM To: Reeves, Derek Subject: Re: Variance Hearing Yes, you are right that I misunderstood in thinking that if I filed by the first Monday deadline it would be heard at the next meeting. We are out of town on March 17. Could we please hear it with the Jeremy extension to April 21? From Tracy's phone. On Feb 17, 2015, at 10:03 AM, Reeves, Derek <dreeves@coab.us> wrote: Mrs. Synan, I understand that there may be some confusion about when your variance application will be heard in front of the Community Development Board. Due to public noticing requirements, our deadline for variance applications is a few weeks before the next Community Development Board meeting. Your application and even the discussion about one occurred after the deadline for the February 17th meeting. Your application will be on the March 17th meeting. Mr. Hubsch will continue to allow the fence to remain as is while your variance is pending the March meeting. If you have any questions, please feel free to ask Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a)-coab.us Reeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Wednesday, January 28, 2015 1:59 AM To: jhubsxch@coab.us Cc: Eric Nottmeier; Reeves, Derek; Jones, Mike; Graham, Shirley; Walker, Jennifer Subject: Re: 1875 Beach Ave. fence Ponderings: What authority is there to stop work being performed in full compliance with an approved permit? Can anyone decide the permit was issued in error and stop the work? And who reviews those peoples' decision(s)? No one has to do anything to revoke the permit, except say it's no good anymore? And is there any time frame on the city's ability to decide to change its mind? If work that is being done in conformance with a permit can be stopped, then what is the purpose of the oddly -named "permit"? Tracy Synan From Tracy's phone. > On Jan 27, 2015, at 7:34 PM, Tracy Synan <tsynan(@icloud.com> wrote: > This message cannot be displayed because of the way it is formatted. Ask the sender to send it again using a different format or email program. multipart/related Reeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Tuesday, January 27, 2015 7:35 PM To: jhubsxch@coab.us Cc: Eric Nottmeier; Reeves, Derek; Jones, Mike; Graham, Shirley; Walker, Jennifer Subject: 1875 Beach Ave. fence Dear Jeremy, Thank you for taking the time to talk with me today. I know it was a busy and stressful day and quick meeting, so I just wanted to review and put this to "paper": An Atlantic Beach City employee talked to my husband about our fence, which tends to lean and pickets break as kids along the public access jump up and grab 'em. We have been replacing pickets and adding braces as needed, but we thought it would be a good idea to repair/replace it in such a way with thicker pickets and a cap so it would be sturdier and less amenable to folks pulling off pickets and hanging on it. It would solve the recurring problem, look a lot nicer, be more durable, and be more useful. I requested a permit to replace the existing fence with the same stockade style, in the same place, same height or shorter in parts, but thicker with the cap. I included a survey. The highlighted survey includes the "masonry wall" on which the fence sits. As many city officials have seen the fence and spoken to us about it (including walking it with my husband), and it is on a popular public access, I had no way to know that one of the city officials did not know part of the fence was on that wall. I truthfully, honestly, swear that I did not know it made any difference whatsoever that part of the fence was on the wall. In fact, before the permit was approved, I talked with Derek about height requirements. I did not (and still do not actually) understand what he was talking about having to do with a 4 -foot requirement somewhere. So we spoke, and I explained that I wanted to replace the fence only with same height or less, and he said that was fine. I confirmed it by e-mail. He approved my request to replace the fence --in the same place, with the same height. I know how strict the City can be, and I wholeheartedly tried to conform with its requirements. I hope you will consider that the City should not be able to tell me that I can do it, then change its position, when I relied upon that approval to spend a lot of money on it. If I had purposely withheld information or something had changed, then that would be different. But I disclosed everything, and the facts have not changed. If the City made a mistake, the City should stand by it (or at least pay to put it back the way it was before they made the mistake). I understand your point that non -conforming cannot be replaced with nonconforming. However, the fence I want to build is actually better than the conforming requirements, and not allowing it runs contrary to the purpose of that law or regulation. When I got home, I could see: (a) A shorter fence along a public access will only promote more grabbing of pickets and jumping from the walkway and pulling so as to make the fence an attractive nuisance and even more susceptible to vandalism, thus crummier than before. (b) The current non -conforming use is in line with adjacent properties, such that conforming use would not increase visitors' panoramic views of the Ocean. (c) A shorter fence diminishes the privacy and safety of our family, with two young girls. You can see our big windows, and you can see that the public access rail next to the fence would provide a great little step right up on a shorter fence, so those teens that have been smoking pot on the beach, or the sex offender down the street (google it), has much easier access. The height of our fence is essential to our privacy and safety. Also, I'm already tired of picking up cigarette butts and beer cans from the entry point and over the rail where the fence ends. Come by and see where beer bottles have been thrown off the walkway; there'd be a lot more trash if I wasn't cleaning it up. Significantly, our front door to our home opens on the south side of the house a few feet from the fence, facing the public access. (d & e) Note, it would have been permissible to replace the fence in a slower fashion, by calling it "repairs" and doing it piecemeal. I could easily have done this --as you know, I was replacing the fence panels every night for security reasons. So having this fence nonconforming is not actually a problem at all; it's the way it was done that the City has a problem with, however, it was only done that way because the City said it could be. Note also, it would have been permissible to repair the fence piecemail in this fashion and never replace it at all. So again, the fence being non -conforming is not really a problem at all. (f) No one complained about the fence height, and since it's been like that for decades, it's highly unlikely anyone will complain. And if they do complain, it is easily distinguishable as a repair, as well as being in a unique location, and exempted by the Grandfather clause had the City not made a (hopefully) rare City error. To sum it up, making us have a shorter, more vulnerable fence helps no one. It hurts our family. I tried to do the right thing in the right way --make a stronger prettier fence, actually shorter in some places --with full disclosure-- survey, open access, telephone call, e -mail --without circumventing the rules (no "repair" claim), and I am now paying lots more money. I'm very frustrated and hoping you will make this right. Thank you for your time. Sincerely, Tracy Syrian Reeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Tuesday, January 27, 2015 6:07 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit Thank you for taking time with me today. When I got home, I did see that you were correct in that there is some fencing remaining along the bottom, so my dog won't get out while we try to resolve things. Thank you for letting me know about that; it makes me feel better. Sincerely, Tracy Synan From Tracy's phone. On Jan 27, 2015, at 1:03 PM, Reeves, Derek <dreeves(@coab.us> wrote: Tracy, Mike called me about this and I went out and took a look at it. Unfortunately this is one of those occasions where we are not able to go out and look at every permit that comes in before approval and there was some confusion. The city's code limits fence height to 6 feet measured from grade. The permit application only referenced replacing a 6 foot wood fence with a new 6 foot wood fence. I did not know that the existing fence was built on top of a wall. Your existing fence could not be built under today's code and we cannot allow a new fence to be built taller than 6 feet. The new fence will have to be lowered to a height of no more than 6 feet including the height of the wall. The portions of the wall that are a retaining wall are treated a little different. The maximum height of a retaining wall is 4 feet. So any fencing added above the retaining wall can be no taller than 4 feet combined. You can locate the fence next to the retaining wall and have that portion be 6 feet tall as long as it is not attached to the retaining wall. I'm sorry for the confusion and we will work with you to correct everything. At this point, we need to get the plans revised and approved. Let me know how you would like to proceed. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreevesta'�coab.us From: Tracy Synan [mailto:tsynan@icloud com] Sent: Tuesday, January 27, 2015 12:12 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit Apparently he says it has to do with the fact there are a few panels of fence that are on the wall beside my house; I never heard anything about this before so I don't know what he's talking about. From Tracy's phone. On Jan 20, 2015, at 11:36 AM, Tracy Synan <tsynan@me.com> wrote: Thank you for returning my call and glad we could work it out. Per our conversation : The fence to be installed will be no taller nor extend any further than the existing fence. I mistakenly highlighted too far on the survey. I understand this will resolve the issue, and thank you again! From Tracy's phone. On Jan 20, 2015, at 9:52 AM, Reeves, Derek <dreeves@coab.us> wrote: Please find the comments related to your fence permit application at 1875 Beach Avenue. If you have any questions, please feel free to ask. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a)coab.us <1875 Beach Ave Zoning Review Comments.pdf> Reeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Tuesday, January 27, 2015 1:40 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit I mean put back the old fence on the retaining wall... Stick to the same plan on the part that is not on the wall? I can meet you out there if you'd like. I appreciate your quick response. Hopefully you can understand how extremely frustrated I am that I'm just trying to replace a broken fence with the same fence and it's been so much trouble. I'm sorry I'm sure you are frustrated too. From Tracy's phone. On Jan 27, 2015, at 1:03 PM, Reeves, Derek <dreeves@coab.us> wrote: Tracy, Mike called me about this and I went out and took a look at it. Unfortunately this is one of those occasions where we are not able to go out and look at every permit that comes in before approval and there was some confusion. The city's code limits fence height to 6 feet measured from grade. The permit application only referenced replacing a 6 foot wood fence with a new 6 foot wood fence. I did not know that the existing fence was built on top of a wall. Your existing fence could not be built under today's code and we cannot allow a new fence to be built taller than 6 feet. The new fence will have to be lowered to a height of no more than 6 feet including the height of the wall. The portions of the wall that are a retaining wall are treated a little different. The maximum height of a retaining wall is 4 feet. So any fencing added above the retaining wall can be no taller than 4 feet combined. You can locate the fence next to the retaining wall and have that portion be 6 feet tall as long as it is not attached to the retaining wall. I'm sorry for the confusion and we will work with you to correct everything. At this point, we need to get the plans revised and approved. Let me know how you would like to proceed. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(ci)-coab.us From: Tracy Synan [mailto:tsynan@icloud com] Sent: Tuesday, January 27, 2015 12:12 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit Apparently he says it has to do with the fact there are a few panels of fence that are on the wall beside my house; I never heard anything about this before so I don't know what he's talking about. From Tracy's phone. On Jan 20, 2015, at 11:36 AM, Tracy Synan <tsynan me.com> wrote: Thank you for returning my call and glad we could work it out. Per our conversation : The fence to be installed will be no taller nor extend any further than the existing fence. I mistakenly highlighted too far on the survey. I understand this will resolve the issue, and thank you again! From Tracy's phone. On Jan 20, 2015, at 9:52 AM, Reeves, Derek <dreeves coab.us> wrote: Please find the comments related to your fence permit application at 1875 Beach Avenue. If you have any questions, please feel free to ask. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a)-coab.us <1875 Beach Ave Zoning Review Comments.pdf> Reeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Tuesday, January 27, 2015 1:39 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit Can I just put back the old fence? I still have it. From Tracy's phone. On Jan 27, 2015, at 1:03 PM, Reeves, Derek <dreeves(@coab.us> wrote: Tracy, Mike called me about this and I went out and took a look at it. Unfortunately this is one of those occasions where we are not able to go out and look at every permit that comes in before approval and there was some confusion. The city's code limits fence height to 6 feet measured from grade. The permit application only referenced replacing a 6 foot wood fence with a new 6 foot wood fence. I did not know that the existing fence was built on top of a wall. Your existing fence could not be built under today's code and we cannot allow a new fence to be built taller than 6 feet. The new fence will have to be lowered to a height of no more than 6 feet including the height of the wall. The portions of the wall that are a retaining wall are treated a little different. The maximum height of a retaining wall is 4 feet. So any fencing added above the retaining wall can be no taller than 4 feet combined. You can locate the fence next to the retaining wall and have that portion be 6 feet tall as long as it is not attached to the retaining wall. I'm sorry for the confusion and we will work with you to correct everything. At this point, we need to get the plans revised and approved. Let me know how you would like to proceed. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a-coab.us From: Tracy Synan [mailto:tsynan@icloud com] Sent: Tuesday, January 27, 2015 12:12 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit Apparently he says it has to do with the fact there are a few panels of fence that are on the wall beside my house; I never heard anything about this before so I don't know what he's talking about. From Tracy's phone. On Jan 20, 2015, at 11:36 AM, Tracy Synan <tsynan me.com> wrote: Thank you for returning my call and glad we could work it out. Per our conversation : The fence to be installed will be no taller nor extend any further than the existing fence. I mistakenly highlighted too far on the survey. I understand this will resolve the issue, and thank you again! From Tracy's phone. On Jan 20, 2015, at 9:52 AM, Reeves, Derek <dreeves@coab.us> wrote: Please find the comments related to your fence permit application at 1875 Beach Avenue. If you have any questions, please feel free to ask. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(aD-coab. us <1875 Beach Ave Zoning Review Comments.pdf> Reeves, Derek From: Tracy Synan [tsynan@icloud.com] Sent: Tuesday, January 27, 2015 12:11 PM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit I just got a stop work order from Mike Jones! I do not understand... I thought we worked out that the fence was to be no higher than the existing fence. Do you have time to talk to me today? From Tracy's phone. On Jan 20, 2015, at 11:36 AM, Tracy Synan <tsynan@me.com> wrote: Thank you for returning my call and glad we could work it out. Per our conversation : The fence to be installed will be no taller nor extend any further than the existing fence. I mistakenly highlighted too far on the survey. I understand this will resolve the issue, and thank you again! From Tracy's phone. On Jan 20, 2015, at 9:52 AM, Reeves, Derek <dreeves@coab.us> wrote: Please find the comments related to your fence permit application at 1875 Beach Avenue. If you have any questions, please feel free to ask. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a-)-coab.us <1875 Beach Ave Zoning Review Comments.pdf> Reeves, Derek From: Tracy Synan [tsynan@me.com] Sent: Tuesday, January 20, 2015 10:50 AM To: Reeves, Derek Subject: Re: 1875 Beach Avenue Fence Permit I am not sure I understand. I am replacing the fence in the back yard that is already there with the same or similar fence, definitely not higher, maybe shorter in places. This talks about fence height...? Can I call you --when would be good?, or could you call me at your convenience? From Tracy's phone. On Jan 20, 2015, at 9:52 AM, Reeves, Derek <dreeves@coab.us> wrote: Please find the comments related to your fence permit application at 1875 Beach Avenue. If you have any questions, please feel free to ask. Derek W. Reeves Zoning Technician City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904) 270-1605 dreeves(a)-coab.us <1875 Beach Ave Zoning Review Comments.pdf>