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21 Jul 2020 CDB Agenda1,1 City of Atlantic Beach Agenda Community Development Board (CDB) Meeting Tuesday, July 21, 2020 - 6:00 p.m. Commission Chamber City Hall, 800 Seminole Road 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF MINUTES 2.A. Approve minutes of the June 16, 2020 regular meeting of the Community Development Board. 06.16.2020 CDB Minutes (draft) 3. OLD BUSINESS 4. NEW BUSINESS 4.A. UBEX20-0001 PUBLIC HEARING (Charles Curtis DeWitt) Request for a use -by -exception to allow on -premises consumption of beer and wine within the Commercial General zoning district at 425 Atlantic Boulevard. 425 Atlantic Boulevard UBEX20-0001 Staff Report 425 Atlantic Boulevard UBEX20-0001 Application 4.B. UBEX20-0002 PUBLIC HEARING (Forgotten City Bottling, Inc.) Request for a use -by -exception to allow on -premises consumption of alcohol within the Commercial General zoning district at 725 Atlantic Boulevard. 725 Atlantic Boulevard UBEX20-0002 Staff Report 725 Atlantic Boulevard UBEX20-0002 Application 4.C. UBEX20-0003 PUBLIC HEARING (Jeff Klotz) Request for a use -by -exception to allow on -premises consumption of alcohol in the Traditional Market place zoning district at 1820, 1830, 1844 and 1850 Mayport Road and 27 Edgar Street. 1800 Mavport Road UBEX20-0003 Staff Report 1800 Mavport Road UBEX20-0003 Application 1800 Mavport Road UBEX20-0003 Jason Burgess Email 4.D. ZVAR20-0010 PUBLIC HEARING (Kirk Tovey) Request for a variance from Section 24-70 of the city code to install additional sand dune fill at 1927 Beach Avenue. 1927 Beach Avenue ZVAR20-0010 Staff Report 1927 Beach Avenue ZVAR20-0010 Application 1927 Beach Avenue ZVAR20-0010 Applicant Email and Attachments 1927 Beach Avenue ZVAR20-0010 Bill Joy Email and Attachments 1927 Beach Avenue ZVAR20-0010 Steven Lee Email & Attachments Page(s) 3-7 9-16 17-31 33-41 43 - 82 Page 1 of 96 Community Development Board - 21 Jul 2020 4.E. ZVAR20-0011 PUBLIC HEARING (Adam Gray) Request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street). 0 14th Street ZVAR20-0011 Staff Report 0 14th Street ZVAR20-0011 Application 0 14th Street ZVAR20-0011 Applicant Email and Attachments 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT 83 - 96 All information related to the item(s) included in this agenda is available for review online at www.coab.us and at the City of Atlantic Beach Community Development Department located at 800 Seminole Road, Atlantic Beach, Florida 32233. Interested parties may attend the meeting and make comments regarding agenda items or comments may be mailed to the address above. Any person wishing to speak to the Community Development Board on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. Please Note: This meeting will be videotaped. To view the meeting video, contact the City Clerk's Office at (904) 247-5810 or send a request by email to Lori Diaz at Idiaz@coab.us. If any person decides to appeal any decision made by the Community Development Board with respect to any matter considered at any meeting may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which any appeal is to be based. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact City Clerk Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 96 Present: MINUTES Community Development Board (CDB) Meeting Tuesday, June 16, 2020 - 6:00 PM Commission Chamber Linda Lanier, Member Kirk Hansen, Chair Sylvia Simmons, Member Brian Major, Member James Mover, Member Jennifer Lagner, Member Absent: Mark Tingen, Member Also Present: Agenda Item #2.A. 21 Jul 2020 Brenna Durden, City Attorney (CA) Brian Broedell, Principal Planner Valerie Jones, Recording Clerk Amanda Askew, Planning and Community Development Director (PCDD) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approved minutes of the June 02, 2020 Special Called meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. ZVAR20-0006 PUBLIC HEARING (Carol Girardey) Request for a variance to increase the maximum fence height allowed in the side and rear yards from 6 feet to 8 feet and to increase the maximum fence height allowed in front yards from 4 feet to 8 feet at 318 Royal Palms Drive. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT COMMENT: Carol Girardey of 318 Royal Palms Drive presented a couple of letters in support of the variance from her neighbors. She said that she had issues with the neighbor behind her house and the neighbor to the south. This is why she installed the taller fence. Ms. Girardey said that the neighbor behind her has a lot Community Development Board (CDB) June 16, 2020 Page 3 of 96 Agenda Item #2.A. 21 Jul 2020 junk and there are rats in the back yard. She explained that she filed this variance after receiving a Notice of Violation letter from the City of Atlantic Beach. Mr. Major asked her if the higher fence helped and she said that it did. Ms. Girardey said that it helps with the noise from the neighbor and with the view of the trash from the neighbor behind her. Mr. Moyer asked if the neighbor with the trash lived in the house behind her house. Ms. Girardey said he does. He asked about the company who installed the fence without a permit. She said it was a company from Georgia. Ms. Lagner asked if the work was already completed at the time that the Stop Work order was posted. Ms. Girardey said that it was. Mr. Major asked Staff about the noise and Director Askew said that the City of Atlantic Beach has a noise ordinance which handles those complaints via the Police Department. They will respond to the complaint with several steps that escalate and fees that increase if the noise is not taken care of. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier said that it seems there are 2 issues: one is a law enforcement issue and one is a code enforcement issue. She said that she didn't believe this was a variance issue and if this was variance is approved for an 8 foot fence then that 8 foot fence is there forever. Ms. Simmons explained some of the history regarding the establishment of the 6 foot fence height. She did not see any grounds for approval of the variance. Chair Hansen agreed that the condition of neighbor's yard is distressing. But he also believes it is a Code Enforcement issue and not a variance issue. Ms. Simmons encouraged the applicant to follow-up with the Police Department in regards to the late night noise. MOTION: To DENY ZVAR20-0006 because it does not meet the criteria for approval. Motion: Linda Lanier Second: Sylvia Simmons Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons (Seconded By) For Brian Major For James Moyer For Jennifer Lagner For Motion passed 6 to 0. B. ZVAR20-0009 PUBLIC HEARING (Carlton Barber) Request for a variance to increase the maximum fence height allowed in rear yards from 6 feet to 8 feet and 10 inches at 410 Skate Road. Community Development Board (CDB) June 16, 2020 Page 4 of 96 Agenda Item #2.A. 21 Jul 2020 STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Ms. Lagner asked if people walk along the creek behind the applicant's fence. Planner Broedell said that they do and it is a pretty open path. Mr. Major asked about the privacy structure option that can be 8 foot high and 12 foot long. Planner Broedell explained that it can be a fence, trellis, landscape arbor, etc. APPLICANT COMMENT: The applicant was not present. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms Simmons didn't see any reason for approval of this variance. Mr. Moyer agreed with Ms. Simmons. The rest of the Board concurred. MOTION: To DENY ZVAR20-0009 because it does not meet the criteria for approval. Motion: Sylvia Simmons Second: James Moyer Linda Lanier For Kirk Hansen For Sylvia Simmons (Moved By) For Brian Major For James Moyer (Seconded By) For Jennifer Lagner For Motion passed 6 to 0. C. ZVAR20-0008 PUBLIC HEARING (Curaleaf, Brian Plewinski) Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution at 763 Atlantic Boulevard. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Major asked what the Florida Statues said regarding distance and Director Askew said that the State requires them to be treated the same as pharmacies. Mr. Moyer asked if there were any other dispensaries in the area and Director Askew said the closest one was in Jacksonville Beach. APPLICANT COMMENT: Brian Plewinski of 4101 Ravenswood Road, Suite 201, Fort Lauderdale, Florida said that he was representing Curaleaf and the property owner. Community Development Board (CDB) June 16, 2020 Page 5 of 96 Agenda Item #2.A. 21 Jul 2020 He explained that the placement of the church in an old movie theater has created an exception circumstance that prevents the property owner from the reasonable use of his property for a pharmacy or medical marijuana dispensary. Mr. Plewinski said that if the distance wasn't based on the property line but instead based on door to door, then it would probably be more than the 500 feet. He said that there be no adverse impacts from this use because there will not be treatment or consumption on the premises. Mr. Plewinski pointed out the alcohol store and restaurants serving alcohol that are closer to the church than the dispensary would be. Ms. Lanier asked where the company was location and Mr. Plewinski said he was not sure. Ms. Simmons asked Mr. Plewinski who he was representing and he said he was representing Curaleaf and the property owner (412 Boardwalk). PUBLIC COMMENT: Chair Hansen opened the floor to public comment. Former Mayor Mitch Reeves spoke against the approval of this variance. He pointed out that the owner of the property being discussed and the church are same. Elias Hionides of 47 1 lth Street and the owner of the property spoke in favor or the approval of this variance. He said that the dispensary will have full-time security, it will be monitored 24 hours a day and are probably more secure than most banks. Mr. Hionides said these facilities are not a place where people hangout but where patients come to get their medicine. BOARD DISCUSSION: Ms Simmons went over some of the history of how the marijuana dispensary code language was established. She felt like the facility location would be easily accessible for patients. Mr. Moyer said that he is not in favor of this variance. Ms. Lanier asked Staff if the measurement is always taken from the property line or the front door. Director Askew said that this code is written "to adjacent properties". She said that since they both share the same property line there is actually zero feet between them. Mr. Major felt like the code was designed to make dispensaries not be able to exist in the City. He spoke in favor of the approval of this variance. Ms. Lagner was not in favor of this variance. Chair Hansen said that approval of this variance cannot be based on the approval of a neighbor, in this case the church. He said he would have trouble approving this variance. MOTION: To DENY ZVAR20-0008 because it does not meet the criteria for approval. Motion: Linda Lanier Second: Jennifer Lagner Linda Lanier (Moved By) For Kirk Hansen For Sylvia Simmons For Brian Major Against James Moyer For Jennifer Lagner (Seconded By) For Community Development Board (CDB) June 16, 2020 Page 6 of 96 Agenda Item #2.A. 21 Jul 2020 Motion passed 5 to 1. 5. REPORTS There were no reports. 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:12 p.m. Attest: Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) June 16, 2020 Page 7 of 96 Page 8 of 96 Agenda Item #4.A. 21 Jul 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.A CASE NO. UBEX20-0001 Request for a use -by -exception to allow on premises consumption of beer and wine within the Commercial General zoning district at 425 Atlantic Boulevard LOCATION 425 Atlantic Boulevard APPLICANT Charles Curtis Dewitt DATE July 21, 2020 STAFF Brian Broedell, Planner STAFF COMMENTS The applicant is Mr. Dewitt, one of the owners of the Salt Air Inn and Suites located at 425 Atlantic Boulevard. The property is located within the Commercial General (CG) zoning district, which allows hotels. The hotel was built in 1946 and purchased by the current owners last year. The owners are currently renovating the hotel rooms and adding a courtyard area for guests. In preparation of completing the renovations and hosting guests, the applicant is requesting to serve beer and wine to guests on -premises. Section 24-112(c)(3) requires a use -by -exception for on -premises consumption of alcohol. Surrounding uses of the hotel include commercial businesses to the south, west, and east. To the north, directly across the street, is the Community Presbyterian Church. The nearest residential property is about 150 feet to the east. The Board may consider placing conditions on the use -by -exception if approved, such as condition of hours and noise levels. Chapter 3 of the code has existing regulations regarding alcohol: Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and Section 3-8 limits consumption of alcohol to: o Inside the building o Within a recreation area contiguous to the building o Within an outdoor seating area contiguous to the building °,Ilv✓ Community Presbyterian Church �.Ja umiuuuumuuum ;� "8'6r ; Salt Air Motel, Illlllllllnlilmlluiliuuuuuuuuululllluuuuuuuuuuilllll111111111))1111 ,10 w� „rV' ,Vujl III li,i V. IV uuuuu I; II�III r�� ° mm��Vllllllllllllllulllummllu�,u ulllllllllll'„' Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and includes that after 10:00pm on weekdays and after 11:OOpm on weekends noise violations are strictly enforced. Page 9 of 96 Agenda Item #4.A. 21 Jul 2020 SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use -by - exception (UBEX20-0001) to allow on -premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 425 Atlantic Boulevard provided: 1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use -by - exception (UBEX20-0001) to allow on -premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 425 Atlantic Boulevard provided: 1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 2 of 2 Page 10 of 96 USE -BY -EXCEPTION APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Charles Curtis DeWitt DBA Salt Air Inn and Suites ADDRESS 618 5th Street PROPERTY LOCATION 425 Atlantic Blvd RE# 170696-0000 LOT/PARCEL SIZE 17220 Agenda Item #4.A. 21 Jul 2020 FOR INTERNAL OFFICE USE ONLY FILE# Lt®l✓Xa0-cool 1 V t 1 0 7070 EMAIL visitsaltair@gmail.com CITY Neptune Beach STATE FL PHONE # 9044000175 ZIP CODE 32266 CELL # 9044000175 BLOCK # LOT # 834, 835, 836, 837, 850 ZONING CODE UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION REQUESTED USE -BY -EXCEPTION The obtain a beer and wine license and serve the Guests of the hotel alcohol in accordance with Florida and County Law Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used if desired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses. 2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B). 5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or colored attachments are submitted, please provide eight (8) copies. 6. Application fee of $400.00. ERE Y ERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent Charles Curtis DeWitt I AE OF APPLICANT PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this / 0 day of i e.42I_Ck�Z�^� La _ �%.J (tet-� K -..,t- Identification verified: Oath Sworn: Yes 18 USE BY EXCEPTION 07.08.2019 _.o,�wYa•. WILLIAMC.MEDLIN •,=•;; Commission #D0917974 .�� Expires November 4, 2023 - •? br q p"' Bonded Thru Troy Fein Insurance 800.355.7019 r7"ff Notary Signature y State of 2/10/2020 DATE DATE ty of,_ _ 7.&2( . Page 11 of 96 Agenda Item #4.A. 21 Jul 2020 EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Vehicle entrance and exit will be on the north side of the property. Vehicles will enter and exit from Sturdivant Ave. The south portion of the property will have a gate and entrance for pedestrian traffic. 2. Parking and loading spaces, where required, with particular attention the items in (1) above. Parking will be on the north side of the property, where the entrance and exit is on Sturdivant Ave. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested. There will not be any extra traffic, lighting, odor or excessive noise for this Use -by -Exception. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. The refuse, trash collection and service areas will be on the north side of the property, as they have been for years. The Use -by -Exception will not alter these services. 5. Utilities, with reference to locations, availability and compatibility. The utilities will remain the same. There will be no additional utilities required for the Use -by -Exception. 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. The Use -by -Exception will not need any type of screening or buffering as it will just be an extra service added to the existing hotel Guests. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District (see Signs and Advertising, Chapter 17). There will not be any signs needed for this Use -by -Exception. 8. Required yards and other open space, show building setbacks and area of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. Everything will follow the same guidlines for a standard business serving beer and wine to their Guests. 10. Other information you may wish to provide. We are not looking to add anything extra to our business. We are just wanting to have the ability to sell our Guests beer and wine to help monitor and regulate the amount of alcohol on property, while creating a more inclusive style hotel service. 18 USE 8Y EXCEPTION 07.08,2019 Page 12 of 96 MAP SHOWING BOUNDARY SURVEY OF Agenda Item #4.A. 21 Jul 2020 LOTS 834-837 AND 850, SECTION NO. 3, SALT AIR, AS RECORDED IN PLAT BOOK 10, PAGE 16 OF THE CURRENT PUBLIC RECORDS OE DUVAL COUNTY, FLORIDA. FOUND 454 CQNCRETE MONUMENT HO IDENTIFI511011T 7,0-OVFRNFAD UNE -- LOT 849 CERTIFIED TO: NANCY D. McGIRE THE GORDON BANK STEWART TITLE RICHARD T. MOOREHEAD, P.A. N 89'57'17" E 64.05 (MEASURED) LOT 833 0.0:- 5,7" TELPHONL RISER • x P01ER. HE� CLEANOUT LOT 850 0UN0 1' IRON PIPE NO 10ENTIHCATION GUY WIRES CO AIR %° CONDITIONED PAD ti 0' VI LAKEVIEW AVENUE (50' RICHT OF WAY) 100.00' (PLAT) 95.95' (MEASURED) LOT 851 z FOUND 454 CONCRETE MONUMENT NO IDENTIFICA110H LEGEND: R = RADIUS L = LENGTH ONE STORY MASONRY O Z U z73CD 'I LOT 852 LOT 853 LOT 854 0 P iD 0 5 3.3 N 90'70'00" W — 0 — FENCE = CONCRETE, . 92.0 2. FOUND 1J2• IRON PIPE .,� NO IOENIF1CATION 108,73' (MEASURED) FOUND 10-0 NAIL NO IDFNRfCAT10N BLOCK CORNER LOT 855 LOT 856 ACK FLOW PREVENTER LOT 857 LOT 858 ATLANTIC BOULEVARD (100' RIGHT OF WAY) NOTES: 1. BEARINGS ARE BASED ON THE ASSUMED BEARING OF N 90'00'00• W SOUTH BOUNDARY LINE OF SUBJECT PARCEL 7 RY GRAPHIC PI num: F1N1 Y THF CAP1R1NF11 1 ANnc III' VATHIM FT nnn 7nur ALONG THE X Art RWC0/11) niJ 1-W DATE REVISIONS DESCRIPTION Page 13 of 96 FOUND 4x4 CQ.ICRETE MONUMENT' NO I D EN R F I C A TI ON'y , B LOT 849 LOT 833 D. 64.05' (MEASURED) POWLR��N�� POLE iDW -OVERHEAD LINE — — — — — — JJ ND i' IRON PIPE NO IDENTIFICATION RES AN OUT 9 LOT 850 N 2e. TELEPHONESER- N9 a TWO STORY CONDIRONEF• 3MASONRY *' PAD B D t9' 1n (50 NK.111 DF 1xA1J 100.00' (PLAT) 99.85' (MEASURED) LOT 851 z 3.1=\ ONE STORY'': MASONRY 1 `; FOUND-4o,-�-� CONCRETE MONUMENT N0 IOENTIF1CAIION - - LEGEND: R >r RADIUS L LENGTH LOT 852 LOT 853 0 iD LOT 854 FOUND 10-D NAIL NO IOFNBFICAIION BLOCK CORNEA LOT 855 LOT 856 S' ACK FLOW N 90')0'00" W --X--- = FENCE a CONCRETE• NOTES: 1. BEARINGS ARE BASED ON THE ASSUMED BEARING OF N 90'0O'00' W ALONG THE SOUTH BOUNDARY LINE OF SUBJECT PARCEL 1 DATE 2R' 29'x' FOUND 1 2' IRON PIPE NO IDSI11F4CATION •, yi Y 1 Y r_ y _t j 108.73' (MEASURED) LOT B57 LOT 858 ATLANTIC BOULEVARD (100' RICHT OF WAY) 2. BY GRAPHIC PLO! IING ONLY THE CAPTIONED LANDS LIE WITHIN FLOOD `LONE X . AS SHOWN ON THE NATIONAL FLOOD INSURANCE MAP DATED JUNE 16, 1999, COMMUNITY NUMBER 120075, PANEL ___001 D. 3. T1115 SURVEY REFLECTS ALL EASEMENTS & RIGHTS OF WAY AS PER RECORDED PLAT &/OR TITLE COMMITMENT IF SUPPLIED. UNLESS OTHERWISE STATED, NO OTHER DILE VERIFICATION HAS BEEN PERFORMED BY THE UNDERSIGNED 4. THIS SURVEY NOT VALID WITHOUT THE EMBOSSED SEAL OF 11-14 CERTIFYING SURVEYOR. J013 i/ 903 I DATE OF FIELD SURVEY: 10-01-01 1 SCALE: 30' Agenda Item #4.A. 21 Jul 2020 REVISIONS DESCRIPTION 'RAY THOMPSON SURVEYING 1938 Southampton Rood Jacksonville, Florida 32207 (Phone) 904-396-3153 (Fax) 904-396-3156 CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY WM; MAO: UNO,P NY RESPONSIBLE. GIARGE AND Math 111E MINIMUM TECHNICAL STAND=.Ii6S AS SET FORTH BY 111E FLORIDA BOARD OF PROFESSIONAL SURVETF1RS .1110, 11AI+PI?46 1.4 CHAPTER 61617-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT 7G _EC110N 472472 f LOHILIA STAIUTES. RAYMOND THOMPSON REGISTERED SURVEYOR AND MAPPER # 6146 STATE OF FLORIDA LAND SURVEYS 0 CONS !RUCTION SURVEYS 0 SUBDIVISIONS Page 14 of 96 Agenda Item #4.A. 21 Jul 2020 Doc # 2019022873, OR BK 18673 Page 2204, Number Pages: 2, Recorded 01/29/2019 03:34 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $18.50 DEED DOC ST $9625.00 Preuared by and return to: Megan Staples Paralegal FOGEL LAW GROUP 2500 North Military Trail Suite 200 Boca Raton, FL 33431 561-393-9111 File Number: 18-666.1320 (Space Above This Line For Recording Dotal Special Deed This Special Warranty Deed made this i..P—t- day of January, 2019 between Nancy McGuire, whose post office address is 425 Atlantic Blvd., Atlantic Beach, FL 32233, grantor, and Beach Hospitality Services, Inc, a Florida corporation whose post office address is 618 5th Street, Neptune Beach, FL 32266, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sunt TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Duval County, Florida, to -wit: The land referred to herein below is situated in the County of Duval, State of Florida, and described as follows: Lots 834, 835, 836, 837 and 850, of the Plat of Section No. 3 SALTAIR, according to the Plat thereof recorded in Plat Book 10, Page 16, of the Public Records of Duval County, Florida. Parcel Identification Number: 170696-0000 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® Page 15 of 96 OR BK 18673 PAGE 2205 Signed, sealed and delivered in our presence: Witness Name: 4 6.4". ame: 6,1" 5(4dCJ eat) Agenda Item #4.A. 21 Jul 2020 State of Florida County oi: 3T) AiziLl The foregoing instrument was acknowledged before me this Z 4day of January, 2019 by Nancy McGuire, who [.� is personally known or [X] has produced a driver's license as identification. [Notary Seal] ,�s4V11,,, MEGAN STAPLES ° � eu `'4,State of Florida -Notary Public Commission # GG 268384 s;arm,,oe�; My Corntimiaaion Expires iai``4 January 01, 2021 ted Name: I!_& My Commission Expires: i12 Special lVarranry Deed - Page 2 DoubleTime® Page 16 of 96 Agenda Item #4.B. 21 Jul 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.B CASE NO. UBEX20-0002 Request for a use -by -exception to allow on premises consumption of alcohol within the Commercial General zoning district at 725 Atlantic Boulevard. LOCATION 725 Atlantic Blvd. (RE#171363-0000) APPLICANT Forgotten City Bottling, Inc. DATE July 21, 2020 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Forgotten City Bottling, Inc, on behalf of the owner of the property (Atlantic - Penman LLC) for the property located at 725 Atlantic Blvd. This property is zoned Commercial General (CG) and is located in the North Beach Shopping Center. They will be located in the tenant space that was formally Atlantic Beach Brewing Company. The applicant is seeking the use -by -exception for the on-site consumption of alcohol. The applicant is proposing a business that will contain a gift shop, alcohol sampling/sales, food sampling and the bottling of alcohol. The consumption of beer and wine in conjunction with a sit down restaurant is a permitted use in this zoning district. This use -by exception would permit the sale and consumption of alcohol onsite. The remainder of their proposed uses are permitted in the CG zoning district. Section 24-112(c)(3) requires a use -by -exception for on -premises consumption of alcohol. Atlantic Blvd. The multitenant shopping center has similar uses and zoning on the east, south and west. The property located to the north is residential. The Board may consider placing conditions on the use -by -exception if approved, such as condition of hours and noise levels. The Comprehensive Plan designates this area as Commercial which is intended to provide appropriate locations for neighborhood and community businesses providing services and retail sales for the City and the closely surrounding communities. Chapter 3 of the code has existing regulations regarding alcohol: - Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week Page 17 of 96 Agenda Item #4.B. 21 Jul 2020 - Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and - Section 3-8 limits consumption of alcohol to: o Inside the building or o Within a recreation area contiguous to the building or o Within an outdoor seating area contiguous to the building Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and includes that after 10:00pm on weekdays and after 11:OOpm on weekends noise violations are strictly enforced. SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use -by - exception (UBEX20-0002) to allow on -premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 725 Atlantic Blvd. provided: 1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-112(c)(3) in that the proposed use is found to be consistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use -by - exception (UBEX20-0002) to allow on -premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Commercial General (CG) zoning district at 725 Atlantic Blvd. provided: 1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-112(c)(3) in that the proposed use is found to be inconsistent with the uses permitted in the CG zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 2 of 2 Page 18 of 96 USE -BY -EXCEPTION APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Forgotten City Bottling Inc I ADDRESS 4121 Coquina Dr PROPERTY LOCATION 725 Atlantic blvd Unit 15 Agenda Item #4.B. 21 Jul 2020 FOR INTERNAL OFFICE USE ONLY FILE # UBEX20-0002 EMAIL Forgottencitybottling@gmaiLcom CITY Jacksonville STATE FL ZIP CODE 32250 PHONE # 904-674-9662 CELL # 904-674-9662 RE# BLOCK # LOT # LOT/PARCEL SIZE ZONING CODE UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION REQUESTED USE -BY -EXCEPTION Small Craft bottling/Consumption of Alcohol on premises Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used if desired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses. 2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B). 5. Required number of copies: two (2) copies of all documents that are not larger than 11x17 inches in size, if plans, photographs or colored attachments are submitted, please provide eight (8) copies. 6. Application fee of $400.00. HE: : Y ERT FY HAT Ay; INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent dri d/ Hubert Zachary 51d ATURE Of:(P ICANT PRINT OR TYPE NAME DATE 06/19/20 SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME DATE Signed and sworn before me on this Z2_ day of %TA Int u b,uY* . Zc�ckartj Identification verified: V L— 1)1-- Oath )L Oath Sworn: hl Yes 18 USE BY EXCEPTION 07.08.2019 ,7-0Z0 by State of �- ori c k County of YO.ANNIE ROSADO CARMONA :/ �" (�✓U-�— Notary Public, State of Florida Jotary Signature Comm GO 935756 0- 3 My comm. expires Dec. 1, 2023 1 My Commission expires Page 19 of 96 Agenda Item #4.B. 21 Jul 2020 EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Established Shopping Center location with multiple Restaurant/Bar, retail and warehouse locations. No change in any ingress or egress is proposed. 2. Parking and loading spaces, where required, with particular attention the items in (1) above. over 200 parking spaces. No change is proposed 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested. None 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. onsite dumpster location 5. Utilities, with reference to locations, availability and compatibility. JEAIAtlantic Beach for all utility needs 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. None 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District (see Signs and Advertising, Chapter 17). None 8. Required yards and other open space, show building setbacks and area of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan. This location was last occupied by a business that had alcohol consumption and brewery. FCS will conduct the same exact business type as previous tenant. Unit 15 is located in a building that already has several business that sell alcohol for consumption on premises. A longstanding business that has 4COP liquor licenses is directly across street from unit 15. 10. Other information you may wish to provide. See Attached. 18 USE BY EXCEPTION 07.08,2019 Page 20 of 96 Agenda Item #4.B. 21 Jul 2020 Item 10. Forgotten City Bottling Inc/DBA Forgotten City Spirits will conduct the exact same business type that previously occupied this unit. Forgotten City Bottling Inc is a Federally and State licensed Craft Distillery, distribution and bottle club company that has operated in St Augustine for 3 years with impeccable record of compliance and community partnership. There will be NO DISTILLERY/BREWERY OPERATIONS. FCB is a bottling ONLY operation. All products are bought/resourced from other Licensed Distillery companies worldwide. All Operations areas are NOT open to the public and have separate established entrances and exits. A giftshop, sampling, display and food area will be in the front section of the unit and open to the public. This area is segregated as required by Federal Law. Page 21 of 96 FX 60' Agenda Item #4.B. 21 Jul 2020 BAY DOOR EXIT DISTRIBUTION AREA OFFICE 30' OFFICE 4' <--- 6' ---> B/R HANDICAP B/R 42' ----->' FORGOTTEN CITY SPIRITS, INC 14'6" BOTTLING AREA RAISED FLOOR AREA 42' X 20' TASTING ROOM GIFT SHOP EXIT < 28' BAY DOOR <--- S' ---> DRY STORAGE FX 3' GARAGE DOOR 64 FX EXIT Page 22 of 96 Flonda Denalmeet of Stale Detftytlonppl..cnVtaktio / fyfositeLI. teilpue / Stettij lf, "s m.Vgfiy,Ltillty fteifue 1 Dtall by Entity Nam e Florida Profit Corporation FORGOTTEN CITY BOTTLING INC Filing Information Document Number P18000019796 FEI/EIN Number 82-4578683 Date Filed 02/27/2018 Effective Date 03/01/2018 State FL Status ACTIVE Principal Address 50 DIXIE HVVY #6B STAUGUSTINE, FL 32084 Changed: 04/30/2019 Mailing Address 4121 Coquina Drive Jacksonville, FL 32250 Changed: 04/30/2019 Registered Agent Name & Address Farah Law 6550 St. Augustine Road Suite 103 Jacksonville, FL 32217 Name Changed: 04/30/2019 Address Changed: 04/30/2019 Officer/Director Detail Name & Address Title President THOMPSON, KAHLA M 4121 Coquina Drive Jacksonville, FL 32217 Agenda Item #4.B. 21 Jul 2020 DIVISION OF CORPORATIONS Page 23 of 96 Title Secretary, Treasurer, Director ZACHARY, HUBERT M 4121 Coquina Drive Jacksonville, FL 32250 Annual Reports Report Year Filed Date 2019 04/30/2019 Document !manes ollack2RD AIIINQ IREf View ['Hoge PM, U.4 m:A Vili!VV1.1111,aq.)6 [,151- Y011'01,1 L.,,,a,cr.ent State, Dnof Corp, -..0 Agenda Item #4.B. 21 Jul 2020 Page 24 of 96 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIV OF ALCOHOLIC BEVERAGES & TOBACCO 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 FORGOTTEN CITY BOTTLING INC FORGOTTEN CITY BOTTLING INC 4121 COQUINA DR JACKSONVILLE FL 32250 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RON DESANTIS, GOVERNOR LICENSE NUMBER Agenda Item #4.B. 21 Jul 2020 850.487.1395 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION WSL6501486 ISSUED: 05/31/2020 DISTILLER OF SPIRITOUS BEVERAGES FORGOTTEN CITY BOTTLING INC FORGOTTEN CITY BOTTLING INC IS LICENSED under the provisions of Ch.565 FS. Expiration date : SEP 30, 2020 L2005310001773 DETACH HERE HALSEY BESHEARS, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIV OF ALCOHOLIC BEVERAGES & TOBACCO SERIES TYPE WSL6501486 DD CD The DISTILLER OF SPIRITOUS BEVERAGES Named below IS LICENSED Under the provisions of Chapter 565 FS. Expiration date: SEP 30, 2020 FORGOTTEN CITY BOTTLING INC FORGOTTEN CITY BOTTLING INC 56 S. DIXIE HWY UNIT# 5 SAINTAUGUSTINE FL 32084 ISSUED: 05/31/2020 DISPLAY AS REQUIRED BY LAW SEQ # L2005310001773 Page 25 of 96 2019-DSPBI-01293-A DEPARTMENT OF THE TREASURY — ALCOHOL AND TOBACCO TAX AND TRADE BUREAU BASIC PERMIT (Under Federal Alcohol Administration Act) 5. NAME AND ADDRESS OF PERMITTEE (Number and street, city or town, State and Zip Code) FORGOTTEN CITY BOTTLING INC 56 S DIXIE HWY UNIT 06 STAUGUSTINE, FL 32084 6. TRADE NAMES AUTHORIZED BY THIS PERMIT (Trade name approval does not constitute approval as a brand name for labeling purposes. If needed, list on reverse or use continuation sheet.) 7. PERMIT GRANTED FOR (ONE TYPE OF OPERATION ONLY) Agenda Item #4.B. 21 Jul 2020 1. PERMIT NUMBER FL -S-20075 2. DATE OF PERMIT 05/22/2018 3. REGISTRY NUMBER (if applicable) DSP -FL -20075 4. DATE OF APPLICATION FOR AMENDMENT 08/13/2019 Pursuant to the application of the date indicated in item 4, you are authorized and permitted to engage, at the above address, in the business of: a. iX b. c. d. Distilled Spirits - _ distiller X rectifier (processor) LJ warehouseman and/or LXJ warehouseman and bottler and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the distilled spirits so distilled or rectified, or warehoused and bottled, or the wines so rectified, Wine - producer and blender ❑ blender and while so engaged, to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the wine so produced or blended, Importer - importing into the United States the following alcoholic beverages: while so engaged, to sell, offer to deliver for sale, contract to sell or ship, in interstate or foreign commerce, the alcoholic beverages so imported, Wholesaler— Purchasing for resale at wholesale the following alcoholic beverages: while so engaged, to receive or to sell, offer or deliver for sale, contract to sell or ship, in interstate or foreign commerce, the alcoholic beverages so Purchased, This Permit is conditioned upon your compliance with the Federal Alcohol Administration Act; the Twenty-first Amendment and laws relating to its enforcement; all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with respect to them; the Federal Water Pollution Control Act; and, all applicable regulations made pursuant to law which are now, or may hereafter be, in force. This basic permit is effective from the date shown above and will remain in force until suspended, revoked, annulled, voluntarily surrendered, or automatically terminated. THIS PERMIT WILL AUTOMATICALLY TERMINATE THIRTY DAYS AFTER ANY CHANGE IN PROPRIETORSHIP OR CONTROL OF THE BUSINESS, unless an application for a new basic permit is made by the transferee or permittee within the thirty day period. If an application for a new basic permit is timely filed, the outstanding basic permit continue in effect until the application is acted on by the District Director, Alcohol and Tobacco Tax and Trade Bureau. THIS PERMIT IS NOT TRANSFERABLE. ANY CHANGE IN THE TRADE NAME, CORPORATE NAME, MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT, OR ANY CHANGE IN STOCK OWNERSHIP (MORE THAN 10%) MUST BE REPORTED TO THE NATIONAL REVENUE CENTER OR PUERTO RICO FIELD OFFICE WITHOUT DELAY. THIS IS AN REASON FOR AMENDMENT See Attached I1 ORIGINAL PERMIT ❑X AMENDED PERMIT DATE OF AMENDMENT SIGNATURE AND TITLE OF AUTHORIZED TTB OFFICIAL FOR JOHN J. MANFREDA, ADMINISTRATOR TTB F 5170.2 (1/2005) 06/11 /2020 Page 26 of 96 AUTHORIZED TRADE NAMES *Used for Contract Bottling or Packaging/Branding Purposes PERMIT NUMBER: FL -S-20075 REGISTRY NUMBER: DSP -FL -20075 TYPE TRADE NAME REASON FOR AMENDMENT Change in Premises Location Agenda Item #4.B. 21 Jul 2020 Page 27 of 96 2019-DSPBI-01293-A DEPARTMENT OF THE TREASURY ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB) REGISTRATION OF DISTILLED SPIRITS PLANT (Prepare in duplicate. See instructions below.) PART I - APPLICATION 3. TO: DIRECTOR, NATIONAL REVENUE CENTER, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 6. NAME AND PRINCIPAL BUSINESS ADDRESS OF APPLICANT (Name and street, city, county, State, and ZIP code. If rural address, show county, name or number of highway, approximate distance and direction from applicant's post office, and ZIP code.) 4. DATE 08/13/2019 Agenda Item #4.B. 21 Jul 2020 OMB No. 1513-0048 SERIAL NUMBER (Begin with "1" for original registration) 2019225 2. EIN 84-4578683 5. PLANT NUMBER DSP -FL -20075 7. PLANT ADDRESS (If different from address in Item 6) 56 S DIXIE HWY UNIT 06 FORGOTTEN CITY BOTTLING INC STAUGUSTINE, FL 32084 4121 COQUINA DR JACKSONVILLE, FL 32250 8. OPERATIONS TO BE CONDUCTED (Check applicable boxes) ❑ DISTILLER El WAREHOUSEMAN PROCESSOR WHO: ❑ DENATURES BOTTLES C MANUFACTURES ARTICLES 9. PURPOSE FOR WHICH FILED (Such as original registration, extension of premises, changes in equipment, etc. Give brief description of changes) Change in Premises Location 10. I am qor am notII required to fumish a bond under 27 CFR 19.151. I am not required to furnish a bond only if all of the following are true: I will withdraw spirits for deferred payment of tax under 27 CFR 19.235, I was liable for not more than $50,000 in distilled spirits taxes in the preceding calendar year, I reasonably expect to be liable for not more than $50,000 in such taxes during the current calendar year, and I have no operations or withdrawals involving spirits for industrial use. 11. This application includes: (1) this form; (2) the papers and documents (including revisions) which are being submitted for the first time, and which are listed in Items 11A and 11B; (3) the current papers and documents of the latest approved Form TTB 5110.41, Serial No. , which are listed in Items 11A-1 and 11B-1; and (4) the supporting organizational documents filed in connection with another establishment but incorporated in this application by reference, and listed below in Item 11C. 11A. PAGES ATTACHED TO THIS FORM: See attached 11A-1. PAGES FROM CURRENTAPPROVED FORM TTB F 5110.41: Not applicable - electronically filed 11B. ORGANIZATIONAL DOCUMENTS ATTACHED TO THIS FORM: 11B-1. ORGANIZATIONAL DOCUMENTS FILED WITH PRIOR (List each document) APPROVED FORM TTB F 5110.41: (List each document) Not applicable - electronically filed Not applicable - electronically filed 11C. ORGANIZATIONAL DOCUMENTS FILED IN CONNECTION WITH ANOTHER ESTABLISHMENT BUT INCORPORATED IN THIS APPLICATION BY REFERENCE: (List each document, and show the name or plant number under which filed) Not applicable - electronically filed Under penalties of perjury, I declare that I have examined this application, including accompanying documents, statement of security, and those documents incorporated in the application by reference, and to the best of my knowledge and belief it is true, correct, and complete. 12. SIGNATURE 113. TITLE Vice President PART II - NOTICE OF REGISTRATION Registration is approved, effective SIGNATURE AND TITLE OF TTB OFFICIAL, ALCOHOL AND TOBACCO TAX AND TRADE BUREAU DATE TTB F 5110.41 (11/2016) 06/11/2020 Page 28 of 96 COMMERCIAL LEASE by and between ATLANTIC -PENMAN, LLC, d/b/a North Beach Center as Landlord. and Forgotten Cita Liaour. Inc. as Tenant Dated: June 8, 2020 Agenda Item #4.B. 21 Jul 2020 Page 29 of 96 ARTICLE 1 BASIC LEASE PROVISIONS, DEFINITIONS ANI) IDENTIFICATION OF EXHIBITS 1.1 BASIC LEASE PROVISIONS A. SHOPPING CENTER AND ADDRESS: NORTH BEACH CENTER 725 Atlantic Boulevard Atlantic Beach. Florida 32233 B. LANDLORD AND ADDRESS AND TELEPI ONE NUMBERS: ATLANTIC -PENMAN. LLC 500 South 3rd Street Jacksonville Beach. Florida 32250 Telephone number: (904) 260-3080 Fax number: (904) 241-1301 C. TENANT AND CURRENT ADDRESS AND TELEPHONE NUMBERS: Forgotten City Lioour. Inc. 4121 Coctuina Drive Jacksonville FL 32250 90-1-674-9662 D: DATE OF LEASE: June 1 5.2_0_20 E. TENANT'S BUSINESS: Warehouse F. TENANT'S TRADE NAME: Forgotten Cit, Liquor. Inc. G. DEMISED PREMISES: Those premises erected or hereafter to be erected in the Shopping Center consisting of a store haying a floor area of approximately 4.936 square feet. and known as Space. Store. or knit Number 15 . H. LEASE TERM: .11 3 months (1 year and 1 month) [. COMMENCEMENT DATE: June 15. 2020 or day of possession of premises. (. ANTICIPATED DELIVERY DATE: June 10. 2020 K. ACTUAL DELIVERY DATE: The date the Demised Premises are actually delivered by Landlord to Tenant as pro).ided in Article 8 helm\. L. TERMINATION DATE: The expiration date of the Leas,,' Term. \\hich is exactly 13 months following the Commencement Date assuming the tenant has exercised their option. Either party (Landlord or Tenant) may terminate this agreement by giving a 60 day written notice to the other party through the duration of the lease and it's options. M. MONTHLY BASE RENT AND RENT ESCALATION: See Addendum N. PRE -PAID RENT: N/A O. SECURITY DEPOSIT: Four Thousand Nine Hundred Ninety -Seven and 71/100ths Dollars (54.997.71). (ha.s•e=0:111) Agenda Item #4.B. 21 Jul 2020 Page 30 of 96 P. Q. BROKERS AND ADDRESSES: Strategic Sites RENTABLE SQUARE FOOTAGE OF THE BUILDING COMPRISING SHOPPING CENTER: G 1.000 square feet R. TENANT'S PROPORTIONATE SHARE OF COMMON AREA MAINTENANCE COSTS. ETC.: 55.15/sctft currently. CAM is reconciled annually and adjusted thereto. GUARANTORS: I lubertZachar\ T. RENEWAL OPTION: Three (3) One (I) year option at market rate with a 5% cap. Renewal request must be submitted in writing by the Tenant to the Landlord at least one hundred eight) (I 80) days prior to the expiration of lease term. 1.2 IDENTIFICATION OF EXHIBITS. The exhibits set forth below and attached to this Lease are incorporated in this Lease by this reference and are hereby made a part of this Lease: EXHIBIT A Leal Description of Shopping Center EXHIBIT B Site Plan of Shopping Center EXHIBIT (' Building Layout EXHIBIT D Statement as to Commencement Date and Termination Date (Form) EXHIBIT E Rules and Regulations EXHIBIT F Plans and Specifications EXII[BII (i Landlord's Work EXHIBIT II Sign Criteria EXHIBIT I Unconditional Guaranty of ARTICLE 2 DEMISED PREMISES ant's l\'ork 2.1 LEASE OF DEMISED PREMISES. In consideration of the rents. covenants and agreements hereinafter reserved and contained on the part of Tenant to be observed and performed. Landlord demises and leases to Tenant. and Tenant rents from Landlord. the Demised Premises. The Demised Premises consist of that part of the Shopping Center, as legally described in Exhibit 'A.' which is attached to this Lease and made a part of this Lease. indicated or outlined in red on the site plan which is attached as Exhibit 'B' and made a part of this Lease and!or identified as Space. Store or Unit Number 15 on the building layout attached as Exhibit 'C' and made a part of this Lease. Said Exhibits 'B and Exhibit 'C" set forth the general layout of the Shopping Center and shall not be deemed to be a w arranty. representation or agreement on the part or Landlord that said Shoppin` Center is or will be exactly as indicated on said diagram. This Lease and the rights of the parties set forth herein shall create the relationship of 'landlord' and 'tenant' only between Landlord and Tenant: no estate shall pass out of Landlord: Tenant shall Ita‘e a usury interest only. not subject to levy and sale and not assignable except as specifically provided herein. ARTICLE 3 TERM 3.1 Duration and Commencement. The term of this Lease shall commence on the Commencement Date set forth in Section 1.1 L The Lease shall expire on the date specified in Section 1.1 L of this Lease unless sooner terminated as otherwise provided in this Lease. However. if Tenant actually commences to do business in. upon or from the Demised Premises irior to the Commencement Date established in Section 1.11. then the Commencement Date shall le the date Tenant commences to do business. ARTICLE 4 Agenda Item #4.B. 21 Jul 2020 Page 31 of 96 Page 32 of 96 AGENDA ITEM CASE NO. Request for a use -by place zoning district LOCATION APPLICANT DATE STAFF STAFF COMMENTS Agenda Item #4.C. 21 Jul 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.0 UBEX20-0003 '-exception to allow on premises consumption of alcohol in the Traditional Market at 1820, 1830, 1844 and 1850 Mayport Road and 27 Edgar Street. 1820 Mayport Road (RE#172075-0100) 1830 Mayport Road (RE#172075-0200) 1844 Mayport Road (RE#172236-0010) 1850 Mayport Road (RE#172075-0000) 27 Edgar Street (RE#172233-0000) Jeff Klotz July 21, 2020 Amanda Askew, Director of Planning and Community Development The applicant is Mr. Klotz, the owner of the property know as 1800 Mayport Road containing 1820, 1830, 1844 and 1850 Mayport Road and 27 Edgar Street. In July of 2019, the applicant rezoned the property from Commercial General (CG) to Traditional Market Place (TM) zoning district, which allows live entertainment indoors and non -amplified music. It also allows the on -premises consumption of beer and wine in conjunction with a full service restaurant where food is served to customers seated at tables/counters. During the rezoning process the applicant was also granted a use -by - exception for amplified live entertainment both indoor and outdoor. The applicant presented a mixed use development concept which combined retail, outside live entertainment, mobile food vending (food trucks), retail, taproom, brewery and lodging. The applicant is seeking the use -by -exception for the on-site consumption of alcohol. While this is a permitted use in a taproom/brewery and a sit-down restaurant, this use -by exception would permit the sale and consumption onsite with the mobile food vending and jy,„1111,1,1a am 69r,rui�im1,,, pup1mpmuu1 Page 33 of 96 Agenda Item #4.C. 21 Jul 2020 live entertainment. Section 24-116(c)(2) requires a use -by -exception for on -premises consumption of alcohol. Surrounding uses of the property include a church to the west, commercial businesses to the north and a single-family home and commercial business to the south. The residential property is located within the Commercial General (CG) zoning district. The Board may consider placing conditions on the use -by - exception if approved, such as condition of hours and noise levels. The Comprehensive Plan designates this property as the Marsh Oaks Business District and was identified during the 2018 Mayport Road Vision Implementation Plan for pedestrian friendly redevelopment. Chapter 3 of the code has existing regulations regarding alcohol: - Section 3-2 prohibits the sale of alcohol between 2:00 a.m. and 7:00 a.m. all days of the week - Section 3-7 requires sufficient lighting for the safety of patrons and employees during all times that the business is open, and - Section 3-8 limits consumption of alcohol to: o Inside the building or o Within a recreation area contiguous to the building or o Within an outdoor seating area contiguous to the building Additionally, Section 11-2(b) limits music or similar noise that disturbs the peace, quiet and comfort of neighbors and includes that after 10:00pm on weekdays and after 11:OOpm on weekends noise violations are strictly enforced. SUGGESTED ACTION FOR APPROVAL The Community Development Board may consider a motion to approve the requested use -by - exception (UBEX20-0003) to allow on -premises consumption of alcoholic beverages in accordance with Chapter 3 of this Code within the Traditional Marketplace (TM) zoning district at 1800 Mayport Road provided: 1. Approval of this use -by -exception is consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is in compliance with the requirements of Section 24-63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is consistent with Section 24-116(c)(2) in that the proposed use is found to be consistent with the uses permitted in the TM zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. SUGGESTED ACTION FOR DENIAL The Community Development Board may consider a motion to deny the requested use -by - exception (UBEX20-0003) to allow on -premises consumption of alcoholic beverages in Page 2 of 3 Page 34 of 96 Agenda Item #4.C. 21 Jul 2020 accordance with Chapter 3 of this Code within the Traditional Marketplace (TM) zoning district at 1800 Mayport Road provided: 1. Approval of this use -by -exception is not consistent with the intent of the Comprehensive Plan. 2. Approval of this use -by -exception is not in compliance with the requirements of Section 24- 63, Zoning, Subdivision and Land Development Regulations. 3. The requested use is not consistent with Section 24-116(c)(2) in that the proposed use is found to be inconsistent with the uses permitted in the TM zoning district with respect to intensity of use, traffic impacts and compatibility with existing industrial uses, commercial uses, and any nearby residential uses. Page 3 of 3 Page 35 of 96 Page 36 of 96 Agenda Item #4.C. 21 Jul 2020 USE -BY -EXCEPTION APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Jeff Klotz ADDRESS 645 Mayport Road PROPERTY LOCATION 1800-1850 Mayport Road RE# 172075-0000 BLOCK # Block #4 LOT/PARCEL SIZE 36,653 FOR INFERNAL OFFICE USE ONLY l::llE# EMAIL jklotz@theklotzcompanies.com CITY Atlantic Beach STATE FL PHONE # 904 514-1090 ZIP CODE 32233 CELL # 904 514-1090 LOT # South 1/2 of Lot 3 ZONING CODE UTILITY PROVIDER JEA/COAB COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION REQUESTED USE -BY -EXCEPTION To obtain a license to serve alcohol to the guests of the Cultural Corridor events in accordance with Florida and County Law. Statement of facts and special reasons for the requested Use -By -Exception which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A). The guide on page 2 of this application may be used if desired. Please address each item as appropriate to this request. PROVIDE ALL OF THE FOLLOWING INFORMATION (all information must be provided before an application is scheduled for any public hearing): 1. Site Plan showing the location of all structures (temporary and permanent), including setbacks, building height, number of stories and square footage, impervious surface area and existing and/or proposed driveways. Identify any existing structures and uses. 2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 3. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 4. Survey and legal description of property sought to be rezoned (Attach as Exhibit B). 5- Required number of copies: two (2) copies of all documents that are not larger than. 11x17 inches in size, if plans, photographs or colored attachments are submitted, please provide eight (8) copies. 6. Application fee of $400.00. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent efr SI OF A ±P (CANT, SIGNATURE OF APPLICANT (2) Signed and sworn before me on this Identification verified: Jeff D. Klotz 6/17/2020 PRINTORTYPE NAME DATE N/A PRINT OR TYPE NAME day of Oath Sworn: (. Yes II N ; „ Q a„ LISA A 5!NDER Public Stalr or Florida Commission k GO 27199.1 Expwe, Jnn 12, 2023 0 3orded through National Nolary Assn 18 USE BY EXCEPTION 07.08.2019 by Notary Signature My Commission expires DATE State of a - County of w,^ Page 37of96 EXHIBIT A The review of an application for a Use -by -Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Vehicle entrance will be on the North side of the property. The East and West sides of the property will be utilized as the entrances for pedestrian traffic. 2. Parking and loading spaces, where required, with particular attention the items in (1) above. Parking will be available in several areas in and around the site. Parking will be available directly on the property as well as, along Edgar and Robert streets. 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception being requested. There will not be any extra lighting, odor or excessive noise for this Use By Exception. 4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above. The refuse, trash collection and service areas remain the same. The Use By Exception will not alter these services. There is a dumpster located on site. 5. Utilities, with reference to locations, availability and compatibility. The utilities will remain the same. There will be no additional utilities required for the Use By Exception. 6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided between your use and the adjacent use. The Use By Exception does not trigger and will not require any type of screening or buffering. 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District (see Signs and Advertising, Chapter 17). There will not be any additional signs or exterior lighting needed for this Use By Exception. 8. Required yards and other open space, show building setbacks and area of open space on site plan. 9. General compatibility with adjacent properties and other property In the surrounding Zoning District as well as consistency with applicable provisions of the Comprehensive Plan, The Use By Exception will follow the same guidelines for a standard business serving beer and wine to their guests. 10. Other information you may wish to provide. 18 USE BY EXCEPTION 07.08.2019 Agenda Item #4.C. 21 Jul 2020 Page 38 of 96 VGS TO BE TURNED INTO ART BY PAINTING MURALS .MPLEILLUSTRATIONS) GRASS OVERFLOW EVENT PARKING ORT PARK 'IC BEACH, FL DINING, FAMILY ENTERTAINMENT & AIRBNB UNITS ROLL UP DOORS ART GALLERY, RETAIL SALES & AIRBNB UNITS PEDESTRIAN GATE AWNING AND TABLE SEATING 8' HIGH PRIVACY FENCE W/ / LANDSCAPING ROBERT STREET MOTOR CYCLE AND BICYCLE PARKING PEDESTRIAN ACCESS 1. W V. IU l JO ,„iil U. 11 I1. 11 ,, 1.11 111 Irdlr-)F Il, 11 '1111gy 1111/ EDGAR STREET C�L /I PEDESTRIAN GATE 4' HIGH PRIVACY FENCE LIVE ENTERTAINMENT STAGE LIVE ENTERTAINMENT STAGE WITH PERMANENT TENT AND TABLE SEATING 12' ACCESS GATE VARIOUS F&B VENDORS INCLUDING FOOD TRUCKS AND SHIPPING CONTAINERS MOBILE SHIPPING CONTAINERS WILL BE HOSTED TO PROVIDE FOOD OPTIONS (EXAMPLE ILLUSTRATIONS) EXTERNAL FENCING SHALL DEPICT FROM LOCAL AND REGIONAL GUEST 1 DATE. 6a—D1-1'7 A A Page 40 of 96 Agenda Item #4.C. 21 Jul 2020 Jones, Valerie From: jason@jasonaburgess.com Sent: Monday, July 13, 2020 9:56 AM To: jklotz@theklotzcompanies.com Cc: Askew, Amanda Subject: 1800-1850 Mayport Road Hi Mr. Klotz, I am unable to attend the Community Development Board meeting on July 21, 2020 but please let them know that you have my support. I have reviewed your Application and the plans would certainly make the eyesore across the street a nice addition to the area that seems to fit with the vibe of the new places like Reve and the Arts Market. Let me know if I can be of any help. I have copied the City email so this email can be introduced into the record. Sincerely, Jason Jason 4., e,urgess Attorney az LaW, t_evtriled Spectalo°st in a~usness 63x2 ruptcy b,' the American 6,o4rri of Cert,vi Subchapter V Cnaptei 11'Trustee for the. Middle and Norther Districts of Florida 1SS5 lM ayperrt iio d Atlantic Beach, Florida .32233 Phone 904.;7,,..1791 Fax: 9t34-3 7249'9 4 rPr t; ,i.ot'�, C 1v,,,+ d4, C9 rorrr fl' "TI'u'i.t e . ?a 4 ell as ar'ry fir,il1.sm° tte d °,' i'l it. i;: SAPiely" for O'pe iq r ,t Shr, ic(en.ded recyil ent anal. rira c intair iePaliy protected, cvrrffi:ientlal or pr ,ole„ ed information. If you are not the ori 'frjaI or intended ra.00,.rite Ile ad°Iised that y.ora 11.43''e error, and ti.rat any 7tior taken In reliance upon, cr' arv, arse, dne;semin®lion, forwarding, printing, SYor'ior copying of this email ri stri tly^ prohibited. Please notify the sencfel ;f this Wa'as received in erro and destroy the message, an attachment and allcapies. Virus -free. www .avo.cam Page 41 of 96 Page 42 of 96 Agenda Item #4.D. 21 Jul 2020 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.D CASE NO. ZVAR20-0010 Request for a variance from Section 24-70 of the city code to install additional sand dune fill at 1927 Beach Avenue. LOCATION 1927 Beach Avenue APPLICANT Kirk Tovey DATE July 14, 2020 STAFF Brian Broedell, Principal Planner STAFF COMMENTS The applicant is Kirk Tovey, the owner of 1927 Beach Avenue. A new single family house is under construction at this property and is nearing completion. The applicant is requesting to install additional sand seaward of the house (between the house and the beach) and two 20" tall retention walls to support the additional sand. In June of this year, the applicants received a field permit from FDEP to "construct a shore -normal 25 - foot long x 2 foot high timber retaining wall along the south and north sides of the dwelling; and to place approximately 100 cubic yards of sand fill material seaward of the dwelling. The retaining walls are to extend a maximum distance of 140 feet seaward of the Cal and the fill is to extend a maximum distance of 150 feet seaward of the CCCL. " However, this additional fill has not been approved by the City of Atlantic Beach because Section 24-70 of the City Code prohibits the altering of grade, elevation, or topography of any parcel (i.e. adding fill) except as to meet coastal construction codes or to meet required flood zone or stornwater regulations. As such, the applicants are requesting a variance from Section 24-70. Page 43 of 96 Agenda Item #4.D. 21 Jul 2020 ANALYSIS Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terns of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach." Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. The applicant states that the existing rear yard contours on the approved working drawings need to be adjusted based on the DEP requirements of the main foundation heights being several feet higher than the surrounding homesites. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant states that the storm water runoff from Beach Ave is directing itself downward toward the dunes in between our property (1927 Beach Ave) and the northerly neighboring property (1931 Beach Ave). (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant states that the existing dune contours create an unstable easterly yard due to erosion and irregular ground heights. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0010, request for a variance from Section 24-70 of the city code to install additional sand dune fill at 1927 Beach Avenue upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. Page 2 of 3 Page 44 of 96 Agenda Item #4.D. 21 Jul 2020 (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR20-0010, request for a variance from Section 24-70 of the city code to install additional sand dune fill at 1927 Beach Avenue upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 45 of 96 Page 46 of 96 1 VARIANCE APPLICATION City of Atlantic Beach Commm Deve_lopment Departmefit 800 Seminole Road Ai:tan-tic Beach., FL 2233 ifs)- 934- 247-SEGia APPLICANT INFORMATION NAME 17i3.,,,c, Toy ey Agenda Item #4.D. 21 Jul 2020 FOR INTERNAL OFFICE USE ONLY ZVAR20-001 0 EMART:irriTiriorn-raseiriOceariiC.CIDM ADD:RES5 927 Reach AVe CiTY Beach STATE -r 2PCODE 3s133 PROPERT tOCikTION 1927 'Hach As:a PHONE. 904_61 -3„.22 7.6, Cal 4 904,613-2276 RE# 1169691-0000 BLOCK* -LOT fir 52 north AR LOT/PARCEL SIZE ZONiNG CODE OTILiTY PROVIDER JEA COMPREHENSWE PLAN FUTURE LAND ii5E DESIGNATION F.,1,7 -0,7/7,17,7/e Y crtrNsIl7,-ttrc'7iY::W PROVISION TiOM WHICH V.:Pi:BANN:CT: 'CS ±Cr& rjElaa iYove dr t sand fill per ft-lttached DEP approved Dtk:21777 Homeowner's AssoctaVoci . „iicnitecturat Review Comte.e approvat re-qui:red tot rine proposed construction ,1 v'a. :ire -sr -this must be sub: Lt.J 4n :for Perm1t4 Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision, and Larrid Development- Requiartions, a coy which s attached. M this trepricationt Statement andittg ota.n must dearly describe and denial the Variance trat is requested. PO/OE ALL OF THE FOL—OWING .INFORMATIGN (ail information must be provided before an application is .scheduled for any public hearingfi Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies recordowner as above. 2. If the applicant is not the owner: .provide a letter of authorization from the owner(s) for applicant to represent the .owner(s) for all purposes related to this application_ 3„ Survey and Iegal description of property for which. V.ariantse is scritic,,rhrt. 4. Required number of copies: four (4) copies, except where original olans,botoarabhs or documents that are not larger than 11x1 7 inches are L.g,:.witted. pieasers-rou/de eight 18) copiescfany sus documents_ S. Application fee of $300.00. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT; Signature of Property Owner(s) or Authorized Agent SIGN R F APUC . SIGNATURE OF APPLICANT (2) Signed and sworn before mean this 11 day o Iden ification verified: Cj -P--)u\o()0 Oath Sworn: 12/Yes 0 No Kirk Tovey PRINT OR TYPE NAME PRINT OR TYPE NAME NORMA SAGET MY COMUISJQ 3 19. 4., 4' 2/1") . 7.' EXPIRES: Septem . ,,,, : , ' 2 ' ure Thru Notary Pubiic Ondenwite 79 VARIANCE APPLICATION 07.08.2019 ""."....."*Iclyr:OrTITrf-r.,cm expires 6/19/2020 DATE DATE by State of det. County of Page 47 of 96 Agenda Item #4.D. 21 Jul 2020 The f-"Ile`inc, arac,„ S.,774c frtrth C.rtr wkh? VA tin !Ira .".”v cheilr the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance; A Variance may be granted at the discretion of the Community Development Board, for the F<-1 1. Exceptional t000nraohiri conditions of or near the property_ Existing rear yard contours on the approved working drawings need to be adjusted based on the DEP requirements of the main foundation heights being several feet higher than the surrounding homosites. E 2_ Surrounding conditions or circumstances impacting the property disparately from nearby properties - storm water runoff from beach ave ts directing itself downward toward the dunes in between our property (1927) and the northerly. F:71 3. Exceptional circumstances preventing thc roescinaisiie use cf site property as crane perec! to other properties in the area. ??, 1!,s'f°}11," n2Qtc`rly ylr0 P:r7. irrr-fzulnr 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of /HiI.noverTief I iS upon 7ht-pioper iy. L 5. rregular shape of the property warranting special consideration. J 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request inacnordance with the. rreceilisir; to anci provisions of 1-hii7 Soetior and thrtgr,ietin nf f" "" rm,-•rly with the Purpose and Intent of this Chapter. b, Approval of Lesser Variances. The Community Development Board shall have the authority to approve a iessei Variance than requested if a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose arid Intent of this Chapter. Neaity Nenronformity. Nencenforminl ch=irai-teristics ef ne.rtsy 1 ,ne's chi octi,res orP-,,q,'"!1'1!: `!"!!! not strefincis fer epprevai of a Variance, d. Waiting period for re-submittai. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial, e,Tin.aooriio.i to pinolnryi: eth.mrice ctine,-,,!atnri hie/ the r Rel. -Ir. -1 the t ban performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community De91orment Director tti.-inn Pm -Sino of good ono time extorision riot to oxy-ood six (6l months, beyond which time the Variance shall become null and void. f. A Variance, whicl involve5 the Development of Land, shall be transferable and si iail run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 07.08.2019 Page 48 of 96 Agenda Item #4.D. 21 Jul 2020 ADDITIONAL_ COMMENTS see _tttachcdd DEP' ap dyed permits: for additional till and small landscape wails tinning Jest." west we have a storm water runoff plan in place to use our northerly side yard as a viable way to heap direct the Massive storm water 1 mots that occurs on beach avenue during a storm event. the 20" landscape walls will stabilize the rear property and guide the storm water to the eastward dunes. We have approval of the northerly neighbor of 1931 Beach ave. 19 VARIANCE APPLICATION 07.082019 Page 49 of 96 Page 50 of 96 Agenda Item #4.D. 21 Jul 2020 Jones, Valerie From: Swann, Steve Sent: Wednesday, June 24, 2020 11:57 AM To: Askew, Amanda; Broedell, Brian; Arlington, Daniel Cc: Williams, Scott Subject: FW: 1927 beach avenue Variance application Attachments: DU-474-FO.pdf; Tovey-eastward-elevation-plan.pdf; Field_Permit_Clerked 1-FILL- WALL.pdf; DEPfieIdPERMIT-fill-wall.pdf Follow Up Flag: Follow up Flag Status: Flagged FYI since you were not copied on this. - Steve From: RT Thompson [mailto:RT@thompsonoceanic.com] Sent: Wednesday, June 24, 2020 11:33 AM To: Swann, Steve; Irizarry,Angela; Williams, Scott Cc: Kirk Tovey; Scott James Subject: 1927 beach avenue Variance application Project address: Kirk Tovey residence (new single-family home currently under construction) 1927 Beach Ave. Atlantic Beach, FI. 32233 To whom it may concern, We have applied for a variance to add additional DEP approved fill Eastward of our home foundation and the addition of 2 landscape walls. 20" in height x 25 feet in length to help stabilize the property due to the natural unlevel sloping and existing steep contours. and create a storm water path due to the massive flooding along beach avenue during a rain event. Currently, the storm water flows Southward from the top of the hill around 20th street and flows downward (South) flooding 1931 and 1927 Beach Ave. the water then flows between the two properties toward the dune causing washouts and undermining for both properties. • We received permits from DEP for the additional fill and landscape walls. (see attached). • We proceeded to install the approved fill and the walls per the approved permit. • DEP main building permit DU -474 -FO, page 4, states approval for 208 cubic yards of imported fill. • The new DEP permit DU -7000276 is allowing for an additional 100 cubic yards of fill. • In total, we are approved to install 208cy + 100cy = 308cy of fill of which we have only installed approximately 50cy of total fill all together. The additional fill and landscape walls was verbally approved by Scott Williams of public works during a site visit last week. • Could you please provide the city ordinance limiting the restoration of sand dune on private property with an approved DEP permit for said scope? • Could we please move forward without a variance? Please don't hesitate to call me with any questions. We appreciate your help. Kind regards, 1 Page 51 of 96 Richard Thompson James & Son Builders. Inc. RTO.ThomosonOceanic.com 904.613.2276 2 Agenda Item #4.D. 21 Jul 2020 Page 52 of 96 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Water Resource Management, CCCL Program 2600 Blair Slone Rd., MS 3522 Tallahassee, FL 32399-3000 (850) 245-8336 Agenda Item #4.D. 21 Jul 2020 -7000276 - DU Permit Number; No, of Pages Attached: FIELD PERMIT PURSUANT TO SECTION 161.053 or 161,052, FLORIDA STATUTES FINDINGS OF FACT AND CONCLUSIONS OF LAW: The request for a permit was considered by the staff designee of the Department of Environmental Pmtection and found to be in compliance with the requirements of Chapter h2B-33, Florida Administrative Code (F.A.C.). Approval is specifically !United to the activity the stated location and by the project description, approved plans (if any), attached standard conditions, and any special conditions stated below pursuant to Paragraph 161.053(5), Florida Statutes. This permit may bc suspended or revoked in accordance with Section 62-4.100, F.A.C. PROJECT LOCATION: 1927_13each AVenue.Atlantic Beach at.DEP R-MON:DIIR-044 NO2.791N0329 PROJECT DESCRIPTION The Gplicant/perunee is authorized to onstruei a shore -normal 2.5 -foot koltio,2-fgot high limier rctairdAg waft_ _ along thc south and north sides of the dwelling; and tc place approximately 100 cubic yards of sand fill material seaward of the &veiling, The retaining walls arc to extend a maximum dtsignce of 140 feet award of the CCCL, and the 511 is tb extend a maximum distariccqj)F 1.5gfeLet__ seaward of the CCCL. SPECIAL PERMIT CONDITIONS: This permit is valid only after all applicable federal, state, and local permits arc obtained and dues not authorize contravention of local setback requirements or zoning or building codes. This permit and public notice shall be posted on the site immediately upon issuance and shall remain posted along with local approval until the completion of any activity authorized by this permit. Other special conditions of this permit include: 1. The sand fill mateLial is to be obtained from ti source landsvard of the C_CCL, mid sh_all_be compatible to the existinoand on the silo w both coloration and grain size, and it shall bo free M. -construction debris or other foreign manor No othgr activities are_a_p_thorized under th±is pgwinit. 3. No additional exterior lihting is authorized under this permit STANDARD PERMIT CONDITIONS: The permitte shall comply with the attached standard field permit conditions. APPLICANT INFORMATION: I hereby certify that I ass either: (la) the owner of the subject property or (lb) 1 have the owner's conserd to secure this permit on the owner's behalf; and that (2) I shall obtain any applicable licenses or permits which may be required by federal. slate, county, or municipal law prior to commencement of the authorized work; (3) 1 acknowledge that the authorized work is what I requested; and (4) 1 accept responsibility for compliance with 311 permit conditions. Applicant's Signature Date 06/09/20 Telephone No. _(9)4,) 560-9357 Applicant's Printed Name KEVIN PARTEL Address 4230 MYRTLE ST. 31. Augustine, FL. 320114 If applicant is an agent: Kirk A. & Karen M. Tovey 1927 Beach Ave, AtIantic6each, FL 32233 904) 887-8762 printed name qf reopkkry owner properly osvro'ry address properly t4ephOnc, no. DEPARTMENT FINAL, ACTION AND FILING AND ACKNOWLEDGMENT: This field permit 4 approved on behalf of the Department of En vi ro omen fa I Protection by the undersigned staff designee, and filed ne this date, pursuant to section 120.51 F.5„ with the ieslersigncd designated Deputy 1, reeeig5of which is hereby acknowledged. Sta.117Josignee 'Deputy C'leelr (+I -Pm 09 JUN 2020 ken' Citfrk Dote 11‘/U13LIC NOTICE IS ON THE BACK OF THIS PERMIF, EXPIRATION DATE: 09 JUN 2021 (Emergency permits issued pursuant to Section 620-33,014, F.A.C, are vaild for no more than ninety days and other field permits are valid for nu more than 12 months. The staff designee may specify a shorter time limit.) EMERGENCY PERMIT: YES X NO Approved tilting arc attached: V YES LH NO AND PUBLIC NOTICE CONSPICUOUSLY ON THE SITE DEP form 73-122 (Updated 8/15) itrhir,,copv-intirkassce Ike) (Fel Icoe, C,"opy.-.Ippl,catiii (Pink Copy -Stuff liesfgneel Page 53 of 96 Agenda Item #4.D. 21 Jul 2020 Page 54 of 96 Agenda Item #4.D. 21 Jul 2020 Page 55 of 96 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Water Resource Management, CCCL Program 2600 Blair Stone Rd., MS 3522 Permit Number: Tallahassee, FL 32399-3000 (850) 245-8336 Agenda Item #4.D. 21 Jul 2020 -7000276 - DU No. of Pages Attached: FIELD PERMIT PURSUANT TO SECTION 161.053 or 161.052, FLORIDA STATUTES FINDINGS OF FACT AND CONCLUSIONS OF LAW: The request for a permit was considered by the staff designee of the Department of Environmental Protection and found to be in compliance with the requirements of Chapter 62B-33, Florida Administrative Code (F.A.C.). Approval is specifically limited to the activity in the stated location and by the project description, approved plans (if any), attached standard conditions, and any special conditions stated below pursuant to Paragraph 161.053(5), Florida Statutes. This permit may be suspended or revoked in accordance with Section 62-4.100, F.A.C. PROJECT LOCATION: 1927Beach Avenue, Atlantic Beach at DEP R -MON: D1J R-044 N0279/N0329 PROJECT DESCRIPTION: The applicamiperntittee is authorized to construct a shore -normal 25 -foot lone x 2 -foot high timber retaining wall along the south and north sides of the dwelling; and to place approximately 100 cubic yards of sand 1i11 material seaward of the dwelling. The retainutg walls are to extend a maximum distance of 140 feel seaward of the CCCL and the fill is to extend a maximum distance of 150 feel seaward of the CCCL. SPECIAL, PERMIT CONDITIONS: This permit is valid only after all applicable federal, state, and local permits are obtained and does not authorize contravention of local setback requirements or zoning or building codes. This permit and public notice shall be posted on the site immediately upon issuance and shall remain posted along with local approval until the completion of any activity authorized by this permit. Other special conditions of this permit include: 1. The sand 011 material is to he obtained from a source landward of the CCCL, and shall be compatible to the existing sand on the site in both coloration and grain size, and it shall be free of construction debris or other foreign matter 2. No other activities are authonzed under this pennit. 3. No additional exterior lighting is authorized under this permit. STANDARD PERMIT CONDITIONS: The permille shall comply with the attached standard field permit conditions. APPLICANT INFORMATION: I hereby certify that I am either: (la) the owner of the subject property or (Ib) I have the owner's consent to secure this permit on the owner's behalf; and that (2) I shall obtain any applicable licenses or permits which may be required by federal. state, county, or municipal law prior to commencement of the authorized work; (3) I acknowledge that the authorized work is what I requested; and (4) I accept responsibility for compliance with all permit conditions. Applicant's Signature Applicant's Printed Name KEVIN PARTEL If applicant is an agent: Kirk A & Karen M Tovey printed name of property owner Date 06/09/20 Telephone No. (904) 669-9357 Address 4230 MYRTLE ST. St. Auoustine, FL 32084 / 1927 Beach Ave. Atlantic Beach, FL 32233 (904) 887-8762 property owner's address property owners telephone no. DEPARTMENT FINAL ACTION AND FILING AND ACKNOWLEDGMENT: This field permit is approved on behalf of the Department of Environmental Protection by the undersigned staff designee, and filed on this date, pursuant to section 120.52. F.S., with the undersigned designated Deputy recei t'which is hereby acknowledged. 71)0/1.41.4.04- 1C4&t 111144ifp(,' Isaac Morales SIM/Designee Deputy Clerk ! Planted Name ofDesignee Depu4' Clerk 09 JUN 2020 Date UBLIC NOTICE IS ON THE BACK OF THIS PERMIT. EXPIRATION DATE: 09 JUN 2021 (Emergency permits issued pursuant to Section 62B-33.014, F.A.C., are valid for no more than ninety days and other field permits are valid for no more than 12 months. The staff designee may .specify a shorter time limit.) EMERGENCY PERMIT: i_ YES X NO Approved plans arc attached: IV YES [ 1 NO AND PUBLIC NOTICE CONSPICUOUSLY ON THE SITE DEP form 73-122 (Updated 8/15)[WP'hiteCopy-Tallaim.rseeOfJice] (Yellow Cops -.applicant) [Pink Copy -Staff Designee] Page 56 of 96 October 23, 2015 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Kirk A. and Karen M. Tovey c/o Kevin Partel, President Coastal Consulting & Restoration, P.A. 4230 Myrtle Street St. Augustine, Florida 32084 Dear Mr. Partel: Notice to Proceed Issued Permit Number: DU -474 Permittee Name: Kirk A. and Karen M. Tovey Agenda Item #4.D. 21 Jul 2020 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control linc, has been approved by the Department of Environmental Protection, enclosed is the permit. However, construction may not commence until after the permittee complies with any preconstruction requirements described in Special Permit Conditions 1, 2, 4, and 5. Please read the permit and permit conditions including both the General Permit Conditions and any Special Permit Conditions closely before starting construction. General Permit Conditions 1(q), 1(r), and 1(s) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. The forms for the reports: 1(q) Periodic Progress Rcport (DEP Form 73-111), l(r) Foundation Location Certification (DEP Form 73-114B), and 1(s) Final Certification (DEP Form 73-11513) are available by clicking on the following link hitp://www.dep.state.t1.us/beaches/forms.htni#CCCL. Each form may be submitted electronically. The periodic reports are due in the office on a monthly basis. No progress reports are required until such time as construction activities have started. The permit will expire on October 23, 2018. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the permit for up to but no more than three years. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. l o n r. rlep. shoe.Jl. u.v Page 57of96 Kevin Parte', President October 23, 2015 Page Two The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 3522), by telephone at (850) 245-7680, or by email at david.l:riaer (d,den.state.tl.us. Sincerely, David A. riger, Permit Manager Coastal Construction Control Line Program Division of Water Resource Management DAK/dw I?nclosures cc: Permit Information Center Trey Hatch, FDEP Field Inspector City of Atlantic Beach Building Official Kirk A. and Karen M. Tovey, Property Owners wirer.(&/) sh(le Ji. us Agenda Item #4.D. 21 Jul 2020 Page 58 of 96 PERMITTEE Kirk A. and Karen M. Tovey c/o Kevin Partel, President Coastal Consulting & Restoration, P.A. 4230 Myrtle Street St. Augustine, Florida 32084 Agenda Item #4.D. 21 Jul 2020 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management 2600 Blair Stone Road - Mail Station 3522 Tallahassee, Florida 32399-2400 PERMIT NUMBER: DU -474 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line which are indicated in the project description, was filed by the applicant/permittee named herein on June 25, 2015, and was determined to be complete pursuant to rule on July 27, 2015. The proposed project is to be located landward of the 30 -year erosion projection and the existing line of construction established by major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; and that the work is expendable in nature and/or is appropriately designed in accordance with Rule 62B-33.005, Florida Administrative Code. The direct and cumulative impacts to the beach and dune system that will be caused by the seaward location of the proposed construction represent the maximum such impacts that arc acceptable to the Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward of the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes. EXPIRATION DATE: October 23, 2018 LOCATION: Between approximately 279 feet and 329 feet north of the Department of Environmental Protection's reference monument R-44, in Duval County. Project address: 1927 Beach Avenue, Atlantic Beach. Page 59 of 96 PERMITTEE: Kirk A. and Karen M. Tovey PERMIT NUMBER: DU -474 PAGE 2 PROJECT DESCRIPTION: Three -Story, Single -Family Dwelling and Garage Location relative to control line: A maximum of approximately 117 feet seaward, as measured to the southeast corner of the pile -supported balconies. 2. Exterior dimensions: Approximately 116.5 feet in the shore -normal direction (including seaward lanai) by 34.8 feet in the shore -parallel direction. 3. Type of foundation: Piles. 4. Finished floor elevation: +21.8 feet (NAVD), for the dwelling and the garage. Swimming Pool 1. Location relative to control line: A maximum of 109.6 feet seaward. 2. Exterior dimensions: The pool is approximately 12.8 feet in the shore -parallel direction by approximately 23.7 feet in the shore -normal direction. 3. Type of foundation: Piles. 4. Deck elevation of swimming pool: +21,3 feet (NAVD). 5. Bottom elevation of swimming pool: 115.3 feet (NAVD). 6. Maximum depth of swimming pool: 6 feet. Excavation/Fill 1. Total volume of excavation: Approximately l 36 cubic yards seaward of the control line. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 0 feet to 117 feet seaward of the control line. 3. Maximum depth of excavation: All excavation is associated with the swimming pool, piles, and grade beams. 4. Volume of fill to be placed: Approximately 344 cubic yards, including approximately 208 cubic yards of imported fill. See Special Permit Condition 4. Agenda Item #4.D. 21 Jul 2020 Page 60 of 96 PERMITTEE: Kirk A. and Karen M. Tovey PERMIT NUMBER: DU -474 PAGE 3 5. Location of fill to be placed: From 0 feet to 13.5 feet seaward of the control line. See Special Permit Condition 2. Other Structures/Activities 1. Demolition. See Special Permit Condition 3. 2. A paver pool deck within the covered lanai, varying in width from 5 feet to 30 feet wide around the pool, extending approximately 117 feet seaward of the control line as measured to the southeast corner. 3. A 4 -foot wide paver walkway along the south side of the dwelling. 4. A paver shower pad on the north side of the dwelling. 5. A 6 -foot high, frangible, CMU screen wall along the south property line, extending a maximum of 122.5 feet seaward of the control line. 6. A 4 -foot wide wooden dune walkover. See Special Permit Condition 5. 7. A 4 -foot high aluminum pool fence. See Special Permit Condition 2. 8. Landscape plantings and dune enhancement. See Special Permit Condition 6. 9. Exterior and pool lighting. See Special Permit Condition 7. SPECIAL PERMIT CONDITIONS: 1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall he staked out for the conference. Contact Trey Hatch at (904) 655-1765 to schedule a preconstruction conference. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence and the proposed pool. fence shall be determined during the preconstruction conference by the staff representative of the Department so as to provide maximum protection to the existing vegetation located on the site. Agenda Item #4.D. 21 Jul 2020 Page 61 of 96 Agenda Item #4.D. 21 Jul 2020 PERMITTEE: Kirk A. and Karen M. Tovey PERMIT NUMBER: D11-474 PAGE 4 3. All rubble and debris existing on the lot or resulting from new construction shall be removed and disposed of in a location landward of the coastal construction control line. 4. All imported fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration. All imported and excavated fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the imported sand shall be provided to the staff representative during the preconstruction conference. 5. The deck of the walkover structure shall be set to maintain a minimum elevation above the existing dune vegetation, and the width of the structure shall not exceed 4 feet. The piles for the walkover structure shall not be greater than 4 -inch by 4 -inch posts and shall not be encased in concrete. The walkover shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation. The optimum siting of the walkover structure shall be determined by the staff representative of the Department during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site and to avoid interference with public beach access and nesting sea turtles. 6. Prior to completion of construction activities authorized by this permit, the permittee shall plant a mix of a minimum of three native salt -tolerant species to restore any disturbed natural area seaward of the authorized structures. Dune restoration plantings shall consist of salt -tolerant species indigenous to the native plant communities existing on or near the site or with other native species approved by the Department. Sod composed of non-native grasses is not authorized seaward of a major structure or decks. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of Category I and II Invasive Species. 7. All lighting shall be installed and maintained as depicted in the approved lighting schematic. All fixtures on the seaward and sides of the dwelling shall be shielded and equipped with black baffles. Underwater pool lighting shall be amber or red LED or equivalent and provide no more than 1/2 foot candle per square foot of pool surface area. There may be a decrease in the wattage of each approved lamp and a decrease in the total number of each approved fixture without submitting a modified lighting plan for review and approval. However, if a fixture or Lamp is changed to a different type, manufacturer or catalog number for any reason, or if the location of any fixture is changed it shall be submitted for review and approval by the Department prior to installation. No additional permanent exterior lighting is authorized. Page 62 of 96 PERMITTEE: Kirk A. and Karen M. Tovey PERMIT NUMBER: DU -474 PAGE 5 CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. Done and ordered this 23rd day of October, 2015, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. 10/23/201.5 Deputy Clerk Date NOTICE OF RIGHTS State of Florida Department of Environmental Protection Tony D. McNeal, P.E., Administrator Coastal Construction Control Line Program Division of Water Resource Management This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under sections 120.569 and 120.57, Florida Statutes, before the deadline for filing a petition. On the fling of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: Agenda Item #4.D. 21 Jul 2020 Page 63 of 96 PERMITTEE: Kirk A. and Karen M. Tovey PERMIT NUMBER: DU -474 PAGE 6 (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition in accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57, Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will he only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205, Florida Administrative Code. Agenda Item #4.D. 21 Jul 2020 Page 64 of 96 PERMITTEE: Kirk A. and Karen M. Tovey PERMIT NUMBER: DU -474 PAGE, 7 Extension of Time Under rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension offline. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is riot available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Newspaper Publication The Agency will not publish or require the person requesting a permit to publish in a newspaper a notice of receipt of the permit application or notice of Agency action granting or denying the permit. Persons receiving a permit arc advised that interested parties who become aware of Agency action approving or denying the permit, or who observe work on the project within certain time frames without any prior notice, may have rights to petition for an administrative hearing under Chapter 120, F.S. For this reason, it may be in the best interest of the person proposing the activity to publish, at its expense, a one-time "Notice of Permit Issuance" in a newspaper of general circulation in the county where the activity is located meeting the requirements of Chapter 50, F.S. Agency staff can provide persons with the information for such a notice upon request. Persons who are substantially affected by the proposed action may petition for an administrative hearing within the time frames specified in the notice and Chapter 120, F.S. Agenda Item #4.D. 21 Jul 2020 Page 65 of 96 Agenda Item #4.D. 21 Jul 2020 Florida Department of Environmental Protection (DEP) Division of Water Resource Management Coastal Construction Control Lino Program 2600 Blair Stone Road, Mail Station 3522 Tallahassee, Florida 32399-2400 (850) 245-8338 General Permit Conditions Rule 62B-33.0155, Florida Administrative Code 1. The following general permit conditions shall apply, unless waived by the Department or modified by the permit: (a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall he grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative. (b) The permittee shall conduct the construction or activity authorized under the permit using exit -eine care to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures. (c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department until all construction or activities authorized or required in the permit have been completed and all project performance reports, certifications, or other documents are received by the Department and determined to be consistent with the permit and approved plans. (d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. (e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law. (f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats. (g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. (h) All full material placed seaward of the control line shall be sand which is similar to that already existing on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; shall be obtained from a source landward of the coastal construction control line; and shall be free of coarse gravel or cobbles. (i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless otherwise specifically authorized by the permit. (j) Any native salt -tolerant vegetation destroyed during construction shall be replaced with plants of the salve species or, by authorization of the Department, with other native salt -tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas — whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise — shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltineadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located. (k) All topographic restoration and revegetation work is subject to approval by the Department, and the status of restoration shall be reported as part of the final certification of the actual work performed. (I) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March 1 through October 31. (m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized. General Permit Conditions (May 31, 2007) Page I Page 66 of 96 Agenda Item #4.D. 21 Jul 2020 (n) All windows and glass doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45% or less through the use of tinted glass or window film. (o) The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign two copies of the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return both copies to the Bureau. The transfer request shall be provided on the form entitled "Permit Transfer Agreement" — DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not he transferred. (p) The permittee shall immediately inform the Bureau of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met. (q) For permits involving major structures or activities, the permittee shall submit to the Bureau periodic progress reports on a monthly basis beginning at the start of construction and continuing until all work has been completed. If a permit involves either new armoring or major reconstruction of existing armoring, the reports shall be certified by an engineer licensed in the State of Florida. The permittee or engineer, as appropriate, shall certify that as of the date of each report all construction has been performed in compliance with the plans and project description approved as a part of the permit and with all conditions of the permit, or shall specify any deviation from the plans, project description, or conditions of the permit. The report shall also state the percent of completion of the project and each major individual component. The reports shall be provided to the Bureau using the form entitled "Periodic Progress Report" — DEP Form 73-111 (Revised 6/04), which is hereby adopted and incorporated by reference. Permits for minor structures or activities do not require submittal of periodic reports unless required by special permit condition. (r) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Bureau prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to Chapter 472, F.S., and shall be based upon such surveys performed in accordance with Chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Bureau using the form entitled "Foundation Location Certification" — DEP Form 73-114B (Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable. The Department shall notify the permittee of approval or rejection of the Corm within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Bureau upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition. (s) For permits involving major structures, the permittee shall provide the Bureau with a report by an engineer or architect licensed in the State of Florida within thirty (30) days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B -33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Bureau in writing no later than 30 days following expiration of the permit. The report shall be provided on the forst entitled "Final Certification" DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated by reference. (t) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with Rule 62B-33.013, F.A.C. 2. The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use. 3. The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law, 4. This permit does not authorize trespass onto other property. 5. In the event of a conflict between a general permit condition and n special permit condition, the special permit condition shall prevail. 6. Copies of any forms referenced above can be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by telephoning (850)488-7708. General Permit Conditions (May 31, 2U07) Page 2 Page 67 of 96 VERED SHOWER PA) PO 131 BL 1r _ —I' II II JI PAVEREQ DECK 4±21.26M48B) -'4--- P R 2n th T co T;4 -�_ f IRS '1e z Z NORTHERN EXTENTS O 4' H. POOL FENCE 5 ISTI BE 'E OPOS D PA ER PAI 10 WI H & rd. FLOOR B LCONI S 5 e 0 B.R. PROPO — xx. S DEPI T SE ED z OUND ED FIL, PLACMENT CYDS OF FILL TED B HATC 52 O BREI K—AWAY C.M U. SC 4' FROH NEW *RADE —A 'fAY C.M.U. PIE FR M NEW GRADE 107 3.R. PLAN IEW REI I 91-0C:90 ITEM 618'808 /1 80.3'' RON — IRON ) , 14'-4" 1>f !)'-10" 1,77," 7, 9/4/16 1 ----- REMAINS 01 BULKHEAD EEN WALL 0 z FO ND 1/2 PIPE, NOOP(P +___ m 0— a) mN I I N '* N P' N 0. C8 8 • TEMP. SIL1 CONSTRUC ' FROM L F SEAWAI SOUTHERN EXTENTS OF 4 H. POOL FENCE Agenda Item #4.D. 21 Jul 2020 Jones, Valerie From: Bill Joy <wnjoy@mac.com> Sent: Tuesday, July 14, 2020 3:05 PM To: Askew, Amanda; Durden, Brenna; Arlington, Daniel Cc: Hayden Joy; John McManus; Steve + Tanya Lee Subject: Objection to ZVAR20-0010 and likely other additional Zoning Violations at 1927 Beach Ave Sent by email only. Please confine receipt. From: Bill Joy, Owner 1923 Beach Ave <wniov c?mac.com> +19709873030 To: Amanda Askew, Director of Planning and Community Development, City of Atlantic Beach, +19742475841 To: Brenna Durden, City Attorney, +19043536410 To: Dan Arlington, Building Official, +1904247581 Cc: John McManus, Property Manager, 1923 Beach Ave, +19049101108 Cc: Hayden Joy, In Residence at 1923 Beach Ave, +19709489322 CC: Steve and Tanya Lee, Owners, 1927 Beach Ave Date: July 14, 2020 Subject: Objection to ZVAR20-0010 and likely other additional Zoning Violations at 1927 Beach Ave, to wit: 1) Raised South Side Yard and other raised grade, latter possibly within building envelope and 2) New higher dune west of building construction east limit and 3) Resulting aesthetic and runoff issues which, individually and severally, should prevent issuing of a variance I write this to protest recent changes my northern neighbor at 1927 Beach Avenue which I cannot believe are allowed by zoning and for which variances should not be allowed as they detract from the neighborhood as well and negatively impact the adjoining properties and may cause severe erosion problems due to runoff because of the altered grade. I have been traveling since these changes were made and am still in Colorado so John McManus, who property manages 1923 Beach Ave., is also authorized to represent me, inform you and discuss these matters, including participating in the scheduled hearing on July 21, 2020 at 6PM of the Community Development Board. I am struggling to understand why the crazy things that are being done at 1927 Beach Ave. are necessary or desirable and cannot imagine they would be allowed, even as a variance. 1. YARD LEVELING AT 1927 SOUTH / 1923 NORTH PROPERTY LINE The first thing I notice is that, in the few months since I left, the contractor for 1927 Beach leveled their lot by putting a concrete block wall along the property line betweeen 1923 Beach and 1927 Beach and changing the south sideyard of their lot to be level to the property line, building a wall along the property line which then extends north across the front of the house. I bring this up because not only because it is egregious but also because it helps to understand the matter more immediately at hand, the buildup of the grade east of the house on their yard. i Page 69 of 96 I am not sure if you were aware of this or the extent of it, so here are some pictures - 2 Agenda Item #4.D. 21 Jul 2020 Page 70 of 96 0000000 IIID 0000000110011010 '101101:00,041i!0:111010:0001100,11,10:IIIV mnlwlwlw-uV it riilgb ! 0,01,111160100 °00111 Im0010,1�IIII f � 11II 11 11 111111 101 '00 00'11 :: 00100iiiiii0000. 11111111061000000061111 11111111 I 01106'1110000110,0010111010000000000111111 iiiuuVmiV l0liidl01ll01l01l111111IIIIIIIIIid 0000000000000060600 1110101111010110,000000000000000010 00:0000011001O111101.100.00.0.00001011.11,111.11.11,... 1�1 111111111111 111111111111FL °°„"""..0 u 1III1I11�1111110 I 1�Ii�YIj ' 1111111111111 pllwY�II 0111111111011111101,11'0.0A 4� owunu 0,uu00i,;0i,1I,11i1MiMll 11110 01111111010 1011 0" 001110 0000000000000000000000 10 ��IIVVhil�lhl�� '�,iuuIuI 41E S mvr10:1,0110d011111:01 ',AvuVMuIIwllIu'wpwVli'�m�"lVIm,�I�IhII YhM 111,1 III,NIrI iSi^II,^ Ig�lplIu��rP�l�liI�lMO'�1'' , ' �VmYtl'I" III 111.0,111% u11M 1:1111 „V f111000110110001 I XII)IJVpuIYV4uryl1IIn�PIpIr1 o1imI1mi0.1..111111„.„4„II111111111111111111 ""°""""' 0010W,000 I"I as NV 100;00,1000100,00” "°"0"'",01/000'0001.0'00000:000°00011' 0'0,1 IIhiIIP 001, lu00000010 °"0l/sl0i00' I1 111001""""""uy0yyVpVVjI(111161WVw14UANw1W}IN 011' ,00114010100a1- 110" w ri 0000101000, w 00.0010000011111111.10001:101:001000:1000000:00:00:00„„„#.0 ou10.010:00" 111111111111 1111 "1111110° 1,, 0100, dl 3 61'01 Agenda Item #4.D. 21 Jul 2020 Page 71 of 96 'lull uup�l ga, " 00001000000„ 1111, 1111'M 14mvl"� +rurlYlrlrlriYlmr IYIYuYi11QIhIY v,'ii"Ii Yl I°J��QrI r�Al10�Yr��Y!Vllld�fl)1Yi��u1oY miillllllff��h 11l1ld m l 11mV °!Immo°' 1 "YYY�1I1N psi","1'• g,(1011 mnlmdm 0 111111 1111" 1111111111111111111111111111111111 "111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1110 0000000000101R11,111,111,111,111,111,111,111,111,1, v tlN(vv I;0j0 vPrl llW10vI ��.,;'Iry xr°m °Gp hvvt,00. 111110, • 11,111111 moi °I IMI hi lt1VWfif , • '1111111111V0111'01n11V, VIII rI alp"' IIuIIIU d� f8 �IMf��" 1�1i�G11 IIII�I�N"u? cul 4 Agenda Item #4.D. 21 Jul 2020 Page 72 of 96 Agenda Item #4.D. 21 Jul 2020 This first picture is taken from the oceanside looking toward Beach Ave, with 1923 north side yard on the left and 1927 south side yard on the right. The existing grade here was even between the two lots. Now they have raised their side yard grade substantially. If I assume those blocks are 8" high they have raised the grade of their yard by approximately 8*5=40"=3"6" (so far). The second and third photo shows how this grade change appears not only in the side yard but also how a perpindicular wall was built to the north, filling and changing the grade both presumably with soil on the western street side of this wall and also with the sand fill to the east, ocean side. The final photo shows both lots from Beach Ave, with 1927 on the left and 1923 on the right. You can see that both lots are level with the street at that location, Before the latest alterations to 1927, they both then sloped gently to the east. I object to the 1927 owners raising their property in this way, changing the existing grade. It is not clear from their existing variance application if they are seeking approval for this change in that variance application as they describe the variance as "install small landscape wall to support additional DEP approved dune sand fill per the attached DEP approved permits.- This presumably refers to the wall on the property line is a north -south extension of the east -west wall in the third photograph above. I object to the north -south wall at the property line and the many runoff issues this can cause. If this east -west wall is considered part of this ZVR20-0010 the I specifically and separately object to that portion of the wall as it is being used to change the grade artificially causing runoff and other issues. I otherwise object to it as part -and -parcel of the structure which alters the grade in their south sideyard. I also object to them, when walking along the south side yard, appearing not say -6' tall and thus below the fence, but almost 4' taller, i.e. 8'6""-9'6" tall and thereby looming over the fence between us and staring down uncomfortably on anyone in my north side yard. I also would object to any raising of the boundary fence between our lots which would throw my house into shadow, and feel very uncomfortable walking in the walkway along the north side of my property, in the north side yard between the house and the boundary fence. I also object broadly to the potential runoff issues from a lot which now has no slope and is artificially at a higher grade with me and no longer slope for runoff as mine still does and theirs previously did. This applies to the raising of the south side yard, but also the raising of the part of the yard within the building envelope and just west of the east -west extension of the brick block wall, as there is new higher ground there which will change the runoff toward my yard, and can cause water to collect and flood over the east -west now higher grade on the boundary between our properties, artificially and newly, because of the grade change, dumping this water onto my property, and finally to the raising of the dune east of the new house, which I address further below. I object to any past or present variance for all of this grade change both a) in the sideyard and b) within (or any portion or if totality outside) the building envelope in front of the house, which is in the not enclosed as indoor space, and which is west of the north -south portion of the wall. I specifically refer, in this objection to Sec 24-66 of the CODE OF ORDINANCES of the City of Atlantic Beach which reads, in part— Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection or as required to meet applicable flood zone or 5 Page 73 of 96 Agenda Item #4.D. 21 Jul 2020 stonnwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. As I do not believe these changes are required "to meet coastal construction codes" nor are they required "to meet applicable flood zone or stonnwater regulations-, this topographic and elevation change should not be allowed. I note that the "pre -construction topographic survey- required by this paragraph would show that the topography/grade has been altered. I note that 24-68 Land clearing and alteration of site grade or topography specifically also says that grade changes are not allowed for the same reasons as in 24-66, and object that the requirements of 24-68 have not been met. I note that 24-82(k) General restrictions upon land, buildings and structures (k) Flood protection reads in part, "Flood protection provisions shall be approved by the designated administrative official to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.- As such approval would be needed for this grade change I object if such approval is not in hand. I further object to this change based simply on a variance, as such specific approval, beyond the variance, would be needed, and I see no basis for such an approval. The above objections are without limitation, as there may be other code or other type of variations which I am not vet aware. I specifically note that that Section 110 of the 2017 Florida Building Code, 6th Edition, reads in part that "Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.- The city, in all its broad powers, is therefore not estopped from enforcing these codes, despite any previous inspections, which do not provide approval of a violation. I would like to understand any additional process or separate complaint which might be needed to have the above, specifically issues east of the block wall which runs north -south in front of the house, fully addressed. If this format suits, please consider this email a formal complaint. If I need additional paperwork to fonn such a complaint, please let me know. 2. BIG PILEUP OF FILL EAST OF THE HOUSE I further object to the alterations made to the land oceanside east of their house, both aesthetically and for the runoff issues which would result. Here is a picture of the sand pile newly in front of their house looking from my front yard. The yard of my house and the neighbor to their north, Steve and Tanya Lee, were all level before this sand pile was added. 6 Page 74 of 96 • lllllll��IIIIIIIIIIIUIIIIIIII p ��uwuuuuuuuum uuuuuuum ��'il��l��llllllllllllllllll�� l l 1,�; ryuditlll� lllillllln pppp I1,Ip0U111111111111111111 bw.i�_ l LIa�:�pN rli 11111iuum ; mU'wq UUUU UII I fl!IV9uu Agenda Item #4.D. 21 Jul 2020 It is my understanding that the Toveys are building a wall to retain this sand pile, part of which exists set back from out property lines to north (Steve) and likely will be built also to the south (my side) of their property. In a large storm the grade alteration here will alter the runoff patterns. With Steve's and my properties now being artificially below Tovey's this can cause substantial erosion of our properties. I believe Steve+Tanya have separately provided video documentation of such erosive runoffs. I object to any variance for this sand fill because of the runoff issues it can cause with substantial incremental erosion of our adjoining properties as it dumps additional water toward us, especially in a large store. As above, I specifically refer to Sec 24-66 of the CODE OF ORDINANCES of the City of Atlantic Beach which reads, in part— Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection or as required to meet applicable flood zone or stornwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. As I do not believe these changes are required "to meet coastal construction cpdes" nor are they required "to meet applicable flood zone or stornwater regulations-, this topographic and elevation change should not be allowed. I note that the "pre -construction topographic survey- required by this paragraph would show that the topography/grade has been altered. 7 Page 75 of 96 Agenda Item #4.D. 21 Jul 2020 As above I again note that 24-68 Land clearing and alteration of site grade or topography specifically also says that grade changes are not allowed for the same reasons as in 24-66, and object that the requirements of 24-68 have not been met. As above I again note that 24-82(k) General restrictions upon land, buildings and structures (k) Flood protection reads in part, "Flood protection provisions shall be approved by the designated administrative official to ensure that grade changes will not alter the natural drainage or adversely affect other areas downstream through added runoff or adverse impacts to water quality.- As such approval would be needed for this grade change I object if such approval is not in hand. I further object to this change based simply on a variance, as such specific approval, beyond the variance, would still be needed. The above objections are without limitation, as there may be other code or other type of variations which I am not yet aware. As above, I also specifically note that that Section 110 of the 2017 Florida Building Code, 6th Edition, reads in part that "Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.- The city is therefore not estopped from enforcing these codes, despite any previous inspections. I also believe that this "tongue- of dune, with retaining walls north and south is an aesthetic eyesore, not only from our properties but from the beach and out of character with Atlantic Beach and thus should separately not be allowed for that reason. I object to this for the negative impact it has on our neighborhood and because it is out character with Atlantic Beach. Here is another photograph showing the extent of this change and to indicate why the runoff issues which may result because of the substantial grade change could be substantial especially in a large storm—this photo take from my property shows how I am now artificially a drainage for the grade -altered 1927 Beach back yard "sand pile 8 Page 76 of 96 Agenda Item #4.D. 21 Jul 2020 1 Iljljllluggp ,,,,,11,14,:111111111111111111111110111111011111111110!001116 SUMMARY For the aforementioned reasons and because of the many issues and objections noted, individually and severally, I request that variances for these modifications not be approved and that the violating structures be promptly removed, and that no future works be undertaken without proper permits or in violation of any applicable code or regulation. Sincerely, Bill Joy 9 Page 77 of 96 Page 78 of 96 Agenda Item #4.D. 21 Jul 2020 Jones, Valerie From: Steven Lee <steve872@gmail.com> Sent: Monday, July 13, 2020 5:41 PM To: Askew, Amanda; Arlington, Daniel; Home Subject: 1927 Beach Ave Case ZVAR20-0010 Attachments: cidB04A06C1-69F4-4677-9682-1 DE7B5FD8536-L0-001.jpg; ATT00001.htm; Video.mov; ATT00002.htm; image.jpg; ATT00003.htm; image.jpg; ATT00004.htm Dear Amanda Askew and Community Development Board Members I am Steven Lee M.D. living at 1931 beach ave .Directly to the north of construction at 1927 Beach Ave. I have been a resident of Atlantic Beach since 1982 when I bought the property under consideration 1927 Beach Ave. I built a home there so I am very familiar with the natural lay of the land. I was also very good friends with the prior owner Bob Grube who bought the home from me. I am also good friends with the present owners Karen and Kirk Tovey. In fact I help coordinate them buying the house. I look forward to having the Tovey family as friends and neighbors for many years to come. The natural lay of the land of the two lots to the south as well as the two lots to the north of 1927 are all fairly even. The lot at 1927 no longer follows the natural elevations of the land. As one of my neighbors correctly pointed out. "This lot land fill at 1927 Beach Ave is completely out of character for Atlantic Beach. " I strongly oppose any variance that would allow additional sand dune fill on the adjoining property directly to the south of me. My primary concern is that this increase in sand and dirt fill, added to raise the elevation of the lot will cause an increase in water run off, i.e.flooding to my property as well as that of my neighbors and the dunes. This obviously leads to a decrease in property values to those of us negatively affected. I was under the impression one could not add truckloads of dirt to raise one's property. I air against permitting the additional sand fill. Next door wanted to add a fire pit....so they raised the backyard by 2 1/2 to 4 feet to accommodate. Now that does not look good so they are raising the land even more. They are seen doing this june 8 th 945 am. 1 Page 79 of 96 upr '1111111 1111,111411 'I 111111111 IvY IV 'POMP' iIUICuuu,1111111 lll11ll �I�II !!pliup P11110 pi lluuuuimim liiuullim^^^ ^ "' YIIII111 IIIIIIIIIIIIIIIIIIIIIIIIIIII,IPNq!!!!!!1!!!(@ �,i� li(IIIIIIIII(I i�w iu nip II ppIIPp' u � Vl�l(��Nul m ,wu«mr u" dlNln�r y .0„.„10l( it°li 11llliiili IIVi✓I1i 10VI i ."w�'ilw �n� �n'AI4 IIIII� umiP°ot' rI, 110 i , "4hIIIMa4�,rv, ',401',10e,',',17 1 v!wrwww'�"�ovwwm�yN'�� iwn�mwy,wum�� iufteuouuuftftle fl 111 IIA�iu ull'I��I'Y�b.. NI�'I�I�Iprl 11' IVllluwwml"Ilgll Hl l)r �y�ry111Y11n'dii� �IyIIN1911iI Q11,,; i;;P„i% Nk Hi41dD91r� �nl4�fim wwiie^. vm b�I�V r ur ihwi4ri,� void �rV4^„''halilVWl^VFW^ �Iu ... 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LOCATION APPLICANT DATE STAFF STAFF COMMENTS Agenda Item #4.E. 21 Jul 2020 ZVAR20-0011 Request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street). Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (0 14th Street) Adam Gray July 14, 2020 Brian Broedell, Principal Planner The applicant is Adam Gray of FaverGray Homes, the owner of the lot and the future builder of a new single family home. The currently vacant lot is zoned Residential Single Family (RS -1), and is adjacent to the Residential Single Family (RS -2) zoning district._These zoning R'S 1,; R...Smm2 districts are verysimilar with the onlydifference between the two being the required side yard setbacks: RS -1 requires a setback of 7.5 feet on each side while RS -2 requires a total of 15 feet with a minimum of 5 feet on either side (i.e. 5' on one side & 10' on the other). The lot currently has 25 protected trees on it. The large majority of these trees are located along the eastern edge of the lot. The applicant has already received an approved tree removal permit in preparation of the new house. However, in an attempt to preserve additional trees, the applicant is requesting a variance from the required side yard setbacks of RS- 1 (7.5 feet each side) to construct a new house that would have side yard setbacks of 5 feet on the west side and 10 feet on the east side. In other words, the applicant would like to use the required side yard setbacks of the RS -2 zoning district. The applicant estimates that, by shifting the house 2.5 feet to the west, they will be able to save 3 oak trees and 2 palm trees that would otherwise need to be removed. In addition, the applicant has expressed that this will also increase the survival chances of several palm trees that have already been marked for preservation already. 141°I'"' lIN To summarize, the applicant is requesting this variance as he believes it from removal (see site plan on next page): could save -9" Laurel Oak, 12" Laurel Oak, 13" Live Oak, 18" Palm, 15" Palm, & 15" Palm I II you0111111111111111111111111111111111111111111111111111111111111111111111111111111111111110 411 umumlAuuuuuu��uu111uuuuu the following trees Page 83 of 96 1 rs5" Palm = X 2", 10" Palm = X 3: 1:2" Palm =X 4` 15" Palm = X 5 1ZZ' Palm = X IFIP: X 1-9" Palm = X t 1"Z' Palm = gym. �: marls r-Iairnl = A 1if1,5" Palm = X rduulll-alli. 1 1 TOTAL lin = 1146" of Palms 1.1- PPI IF'" 1 '-. Ila! gr Laurel Oak. = 144 1:Z" Laurel Oak, = ExlhiNt IC: Tree Mitigation 'Worksheet TOTAL lin = 31Y of Laurel Olarks I15' 113::" Live Oak =X 1 TOTAL in =211"" of Live Diks! A:: 15" Palm = [ Preserving ifil E: 12""Palm = [ Preserving ] C: 15' IPaim = [ Preserving ] D: 1 dIN" (Palm [ Preserving ] E Removed from List F: 14 (Palm''= [ P'rese'rving ] 115"" Palm = [ Preserving III H: 1'''" (Palm ''= [ Pr'ese'rving ] 14'" IPaJirn = [ Prese'riIng ] yll; 13"" Palm = I Preserving TOTAL IPreserurrll!g ANALYSIS .rv• w,tl�,ll c0,0. PP Ilk IPS 1 1314;rP it rPmmng 1r12 rousse Baan pmnr. 2" , . 1rie vast,: pirocemil ire CSsr,111d InelP &3 a the 'o!Ilo orTgl itre'es rttaam wP,nhere ss e:Lied'Crr r�Inl�an: Laurel oa1C - 4,13 Bre Oaks - mm16 Palms - 49 3 10 vuou, wti The maillati'rg'Unee sa rO°ra1 mW�momm'I rale Iw tl ttasm'Il unmm> a a1. Ire 1'cM1IlIa'�wlrwg II arts: IIIIIIII ... REE: II"1 k,Ie IwIllrool,',ET:tii:Tx 1"a'd'4"'1 wPlle!!Iriu•Ilry :;�Ir'7e,B::rl•..I':ril�l'•1 !AT !FT Owl. ro1un "a WI°114 1<, 1 1LlkllkkAAAAkkompAnymmumakkupPopdA INmv�IGWIIp��'"MI„ "M.hll"�IIm PAN, InuIII R, TT ... ;77 M r,:l �x� n '4 hIMl'nuTr1✓✓ Agenda Item #4.E. 21 Jul 2020 Section 24-65 states that "applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section." According to Section 24-17, Definitions, "[a] variance shall mean relief granted from certain terns of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. - Page 2 of 3 • Page 84 of 96 Agenda Item #4.E. 21 Jul 2020 Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant states that the current zoning for said lot is 7.5 feet side yard setbacks. FaverGray Homes is requesting a variance for 5 and 10 foot setbacks. The hope is to reduce the need to remove trees for the already approved tree removal permit in order to save existing trees that would have otherwise been removed. We feel shifting the proposed building could save some of the trees. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0011, request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street) upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. (5) Irregular shape of the property warranting special consideration. (6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property. Or, The Community Development Board may consider a motion to deny ZVAR20-0011, request for a variance to decrease the required side yard setback from 7.5 feet to 5 feet at Lot 2 Block 6 Atlantic Beach Parkway Unit No. 2 (currently 0 14th Street) upon finding this request is not consistent with the definition of a variance. Page 3 of 3 Page 85 of 96 Page 86 of 96 VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 APPLICANT INFORMATION NAME Adam Gray (FaverGray Homes) ADDRESS 415 Pablo Ave Suite 200 Agenda Item #4.E. 21 Jul 2020 FOR INTERNAL OFFICE USEONLY FILE # ZVAR20-0011 EMAIL agray@favergray.com CITY Jacksonville Beach STATE FL ZIP CODE 32250 PROPERTY LOCATION 014th Street Atlantic Beach FL 32233 RE# 170377-0000 BLOCK # BLK 6 PHONE # 904-502-2934 LOT # Lot 2 CELL # 904-502-2934 LOT/PARCEL SIZE 03113 AB PRKWY #02 ZONING CODE 15-83-16-25-29E UTILITY PROVIDER COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION RL PROVISION FROM WHICH VARIANCE IS REQUESTED Trying to mitigate demolition of existing trees Homeowner's Association or Architectural Review Committee approval required for the proposed construction ❑ YES El NO (if yes, thls must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-64 of the Zoning, Subdivision and Land Development Regulations, a copy of which is attached to this application. Statement and site plan must clearly. describe and depict the Variance that is reouested. PROVIDE ALL OF THE FOLLOWING INFORMATION (all Information must be provided before an application is scheduled for any public hearing): 1. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2. If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 3. Survey and legal description of property for which Variance is sought. 4. Required number of copies: four (4) copies, except where original nians, photographs or documents that are not larger than 11x17 inches are submitted. please provide eight (81 copies of any such documents. 5. Application fee of $300.00. HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent Adam Gray SIGNATURE FAPPLICANT7 PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) 6/22/2020 DATE PRINT OR TYPE NAME DATE Signed and sworn before me on this a3 day of .i"'e >a (1h4 Gr identification verified: 'Sort l(nAell SYDNEY KILtH CLEMENT r Notary Public State of Florida v; Commission W GG 19133)1 'Notary 5 • ature it," My Comm. Expires Mar 2EL 2022 ' � y f3o, /� 9n Bended through National Notary Assi . ? My Commission expires 1 ryy\ Oath Sworn: ❑ Yes fl No 19VARIANCE APPLICATION 07.08.2079 o2' by State of F(an da. County ofOava Page 87 of 96 Agenda Item #4.E. 21 Jul 2020 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. Grounds for approval of a Variance; A Variance may be granted at the discretion of the Community Development Board, for the following reasons. ❑ 1. Exceptional topographic conditions of or near the property. ❑x 2. Surrounding conditions or circumstances Impacting the property disparately from nearby properties. Current Zoning for said lot is 7.5' side yard setbacks. FaverGray Homes is requesting Variance to this property for 5' and 10' setbacks. The hope is to reduce the need to remove trees for the already approved tree demolition permit In order to save existing trees that would have otherwise been removed. We feel shifting the proposed buildings could save some of the marked trees. ia�r ❑ 3. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. ❑ 4. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. ❑ 5. Irregular shape of the property warranting special consideration. 0 6. Substandard size of a Lot or Record warranting a Variance in order to provide for the reasonable use of the property. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance with the preceding terms and provisions of this Section and that the granting of the Variance will be In harmony with the Purpose and Intent of this Chapter. b. Approval of Lesser Variances. The Community Development Board shall have the authority to approve a lesser Variance than requested If a lesser Variance shall be more appropriately in accord with the terms and provisions of this Section and with the Purpose and Intent of this Chapter. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. Waiting period for re -submittal. If an application for a Variance is denied by the Community Development Board, no further action on Another application for substantially the same request on the same property shall be accepted for 365 days from the date of denial. e, Time period to implement Variance. Unless otherwise stipulated by the Community Development Board, the work to be performed pursuant to a Variance shall begin within six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. A Variance, which involves the Development of Land, shall be transferable and shall run with the title to the Property unless otherwise stipulated by the Community Development Board. 19 VARIANCE APPLICATION 07.08.2019 Page 88 of 96 Agenda Item #4.E. 21 Jul 2020 ADDITIONAL COMMENTS; Please see the attached lot survey and surveys of current 7.5' offsets and proposed 10' and 5' offset conditions, 1 have included the foot print of the proposed building, you will see how some of the trees are now outside the edge of the slab. Thank you, Adam Gray 19 VARIANCE APPLICATION 07.08.2019 Page 89 of 96 MAP SHOWING SURVEY OF LOT 2, BLOCK 6, ATLANTIC BEACH PARKWAY UNIT NO. 2, AS RECORDED IN PLAT BOOK 15, PAGE 83 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, Trees with Property at 7.5 offset I I I I I LOT 3 rsue„z16,— _ -- (N84131'38"E 49.51' FIELD) NB4'27'00"S 50.00' 1 P1111 m, DIE o.vl p0 CPP /rte (iE9AR PAW LOT 1 0 I9 P IS PnL P x10.1 A/C A/C LOT 2 VACANT -+ i D oZ o Is. LIVE SO* 6i..iS PNA1 F 0 P M (7 O Y 40! b xi00 0 16' 584'27'00 0_i0 �2 lll.---------^^------ pyG N CM ,- 12' PNl• y 4C PNM s' div - Pp9+gWE, NO/CPY � PV p S Y PNM e•5 � ,00' 1 4.99..4 (S84123'59'9 49.83' FIELD) .10.01 x10.12 x9.97 x9.99 x9.94 14TH STREET sourAVER MWQ1VA71017 a9 R A.V1.Ra 1e ® 40' RIGHT OF WAY (PAVED) PAYEMPII ' NOTES 1. THIS IS A BOUNDARY SURVEY. 2. BEARINGS ARE BASED ON THE EAST UNE OF LOT 2 BEING SOUTH 05137'00" EAST (ASSUMED BEARING). 3. NO BUILDING RESTRICTION LINES PER PLAT. 4. BENCH MARK USED IS A MAGNAIL IN THE WEST EDGE OF PAVEMENT AT THE SOUTH PROPERTY UNE FOR RESIDENCE No. 1475 EAST COAST DRIVE. ELEVATION .a 9.55 N.A.V.0 1988. SET BENCH MARK AS SHOWN HEREON. THE PROPERTY DESCRIBED HEREON LIES IN FLOOD ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) AS WELL AS CAN BE DETERMINED FROM THE FLOOD INSURANCE RATE MAP No. 12031C0409J, REVISED NOVEMBER 2, 2018 FOR DUVAL COUNTY, FLORIDA. 'No7 04110 PA1RDOT 110 9GNANME 418) ME ORIGINAL RRED SEAL OFA M1OPoOA 110EN200 SURVEYOR AAD MAPPER. CHECKED: DRAWN BY: 5 FILE 2019-1707 2004-0691 THIS SURVEY MADE FOR THE BENEFIT OF F4,VERGRAY HO ES, LLC. DONN WA."80A'ISYRIGHT, P.S.M. FLA. UC. SURVEYOR AND MAPPER No. LS 3295 FLA. UG SURVEYING AND MAPPING BUSINESS No. LB 3872 BOATWRIGHT LAND SURVEYORS, INC. 1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 241-8550 DATE: DECEMBER 17, 2019 SHEET OF Agenda Item #4.E. 21 Jul 2020 Page 90 of 96 MAP SHOWING SURVEY OF LOT 2, BLOCK 6, ATLANTIC BEACH PARKWAY UNIT NO, 2, AS RECORDED IN PLAT BOOK 15, PAGE 83 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. Trees with Property at 1e' and 5' offset LOT 3 (99411'3914,49.51' 994'31'39" E 49.51' FlELD) 0 NB4°27'00" 50.00' 1Y PNM gNFON00� W3/R SIR P t/2' NON _ — fl� _ PNN 19• PNMT. ---Tore=` LOT 1 1S PNR� 584'27'00- FaR�i Nil J"" f ff47 jQ._Qo 9I c�td.°97�Q +fg-rs"m-� � PA�(Mt), 9.98 1U W 9 9. (584'23459"W 49.63' FIELD) x1a07 x10.11 x9A1 x9.99 x9.99 STREET 9N• "2q�0.7�"�® 14TH OF WAY (PAVED) PAWAENT. F1EV 40' RIGHT NOTES 1. THIS IS A BOUNDARY SURVEY. 2. BEARINGS ARE BASED ON THE EAST UNE OF LOT 2 BEING SOUTH 0537'00' EAST (ASSUMED BEARING). 3. NO BUILDING RESTRICTION ONES PER PLAT. 4. BENCH MARK USED IS A MAGNAIL IN THE WEST EDGE OF PAVEMENT AT THE SOUTH PROPERTY LINE FOR RESIDENCE No. 1475 EAST COAST DRIVE. ELEVATION = 9.55 9,4.9.5 1989. SET BENCH MARK AS SHOWN HEREON. THE PROPERTY DESCRIBED HEREON LIES IN FLOOD ZONE "X" (AREA OF MINIMAL FLOOD HAZARD) AS WELL AS CAN BE DETERMINED FROM THE FLOOD INSURANCE RATE MAP No. 1203100409J, REVISED NOVEMBER 2, 2018 FOR DUVAL COUNTY, FLORIDA. "HOT VAUD 99109981RE OSIATUR ANO ME ORIGINAL RAISED SEAL OFA 0.00DA LICENSED SURVEYOR AHO MAPPER.• CHECKED. DRAWN 8Y: SWC FIE 2019-1707 1991-UC9, N THIS SURVEY S MADE FOR THE BENEFIT OF FAVERGRAY HO ES, LLC. DONN W-BOATRIGHT, P.S.M. FLA. LIC. SURVEYOR AND MAPPER No. LS 3295 FLA. UC. SURVEYING AND MAPPING BUSINESS No. LB 3672 BOATWRIGHT LAND SURVEYORS, INC. 1500 ROBERTS DRIVE, JACKSONVILLE BEACH, FLORIDA 241-8550 DA1E: DECEMBER 17, 2019 SHEET OF Agenda Item #4.E. 21 Jul 2020 Page 91 of 96 HOMES POWER OF ATTORNEY Date: 6/22/20 I hereby name and appoint Adam Gray of FaverGrav Residential to be my lawful attorney-in-fact to act for me, and apply to the Division of Building Safety for a All GC's permit for work to be performed at a location described as: Block 6 Lot 2 Subdivision Name: RE: 170377-00, 03113 AB PRKWY #2; 15-83 16-25-29E Owner of Property: FaverGrav Homes LLC Project Address: 0 14th Street City: Atlantic Beach Zip Code: 32233 and to sign my name and do all things necessary to this appointment. Keith Fever (Contract9r fame) (Type o nt (Contractor Sig CGC 151298 (Contractor's License Number) The foregoing instrument was acknowledged before me this 22 day of June of 20 20 , by Kea+ C'a.t'/I- who isep rsonally known to me or who produced as identification and who did not take an oath. S,L1ci Rem C(ersem4- Nota6 Pubic (Print name) Notary ' ublic (Signature) Rev 03/13/13 Seal SYDNEY MAN CLEME Notary Public - State W P meq. Commission 0GG'983Ji °�' My Comm. Expires Mar 20, NE, Sanded through National Notary as,,, „ Agenda Item #4.E. 21 Jul 2020 Page 92 of 96 Agenda Item #4.E. 21 Jul 2020 Jones, Valerie From: Adam Gray <AGray@favergray.com> Sent: Tuesday, July 14, 2020 1:34 PM To: Broedell, Brian Subject: RE: Variance Request Attachments: 14th Street Tree Demo - Exhibit C With 5' and 10' offsets.pdf Brian, Please us the following narrative and attachment for the hearing as part of the variance notes and documentation. The primary goal of FaverGray Homes variance request is to save trees, as well as, give the currently ID trees on this property as "preserved" a increased chance of survival during construction. FaverGray Homes feels moving the house 2'- 6" to the west property line will most definitely give the currently identified trees as "Preserved" and the newly proposed trees for preservation the best possible chance of survival. We understand this lot is Zoned as RS -1 which requires a 7.5' side yard setbacks on both sides. We are requesting to shift the house 2'-6" to the west giving the side yard setbacks a 5-10 split, similarly to other zoned lots in Atlantic Beach. If approved, FaverGray Homes will contract with a local arborist who will trim and prune the trees as not to impact the vertical construction and give the trees the best chances of survival. We will also take measures to barricade the trees as to minimize any shock from construction that may occur. In summary: Shifting the house foot print 2'-6" to the West property line could help save the following trees that were otherwise scheduled for demolition: Laurel Oak = 9"(#13), & 12"(#14) Live Oaks = 13"(#16) Palms = 18"(#7), 15"(#9) & 15"(#10) The following tree survival rate will dramatically increase at the following locations: Palms = A, B, C, D, I, H, G. Thank you, 0-01010-0 Adam Gray c)11.,„(1 II11,1„N9 ,ru From: Broedell, Brian <bbroedell@coab.us> Sent: Tuesday, July 14, 2020 9:27 AM To: Adam Gray <AGray@favergray.com> Subject: Variance Request Adam, 1 Page 93 of 96 Agenda Item #4.E. 21 Jul 2020 Can you tell me which trees you will save for the lot on 14th Street? It will likely play a large role in the Board's decision. I have to get the staff report out by tomorrow morning, so any info will help. Thanks, IIIIIIIII"IllIIIIIII'III"µ:"aiiiw: apoi City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 (904)247-5822 bbroedellPcoab.us 2 Page 94 of 96 EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 List the species and diameter at breast height (dbh) of all trees identified on EXHIBIT 13 ID DBH SPECIES 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 "X"= -- removing preserving replacing 20 71 22 23 24 25 02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018 Agenda Item #4.E. 21 Jul 2020 FOR INTERNAL OFFICE USE ONL Y PERMIT # COMMENTS (for use. by City Staff) Page 95 of 96 LOT 3 FOUND i tr iRON PIPE, NO CAP (N 8431 38'1E: 49.51 F.ER,„,1)) N8427'007 1": 50.00' LI' PAW. .r EZ r 4'1 ?) .2" 20' OE OAK Agenda Item #4.E. 21 Jul 2020 FOUND 3/8° RES AR NO CAP vio' PALM DININ 13 tr. PIM LOFT 14" / 0,11 IN R001-1 19" 10,1 L 0 H 0 KITC1-4N 13" 1 rorrR SUITE x SUITE °..4 ' 12° SECOND FLOOR PLAN 1818 S. FT. (Ll/lN) 6., hmholAhh VA 0 4,N - 2 c '21'stlt>1E. 16- PA O. 0 W LIAJURO.,. Ofr 11- PAVER GRAY $PEC. S6 4"2:7' 00" W Ock„4„E4 9009 S. FT. r 3_IV) MON PIPE., NO CAP KLAYBR *§711144g Tel T904) 272-5339 FIRST FLOOR FLAN 193 SQ. FT (LIVING) 12" PALM /912P%9,11i. 1 11 MJ84 15" PAU; 11111111 "le PALM 4111111111111 FOUND 1/2."' OWN ,8 PPE, NO CAP 1?' PALh1 5' PM pmm PALM 0 h '1hht,1 50.00P 8 4 '2 ..3" 597W EigYy 97 areilltEc""' N10, 07 i9,17 iEiENCH MARK,; SET Mk -ANL SOW11, EDGE' Or g. '11Lif'iii _ F'1 P AVE,. ENT. ELEVATION 9.80 N.AVL). 1988 , 1AR Y' SURVEY A SED ON THE EA'S T tiNE OF )1:TH 4O R OF WAY (P A VED ) Page 96 of 96