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CE 526 Selva Lakes Cir Case #20-074 „, r TOP WORK CITY OF ATLANTIC BEACH BUILDING AND ZONING DEPARTMENT (904) 247-5826 NOTICE This building has been inspected and work regarding: JC General Construction Mechanical - Concrete and Masonry -] Electrical Plumbing Gas Piping IS NOT ACCEPTED AND MUST CEASE CORRECT AS NOTED BELOW, BEFORE ANY FURTHER WORK: PQUe Y eV Po e 5-14T, Pee) l d?`o p-e r erx-4.-}” ADDRESS: S2 Srl va trke 5 C t cc -c' Please contact our department regarding this notice within 10 days. If you do not, this violation being forwarded to the CODE ENFORCEMENT DEPARTMENT. The posting of this placard by its contents shall serve as due notice. DO NOT REMOVE THIS NOTICE Inspector: --/Tij Date: 19 I Kai ,'.:*7� /_. .. 4 /M20 Irizarry,Angela From: Askew, Amanda Sent: Wednesday, May 6, 2020 10:36 AM To: Irizarry,Angela Cc: Broedell, Brian Subject: FW: 526 Selva Lakes Circle - variance Angela, Please follow up with this project to see if they have removed the patio. They were not successful in obtaining the variance. From:Askew, Amanda Sent: Monday, March 2, 2020 11:17 AM To: 'Linda Kristoff' Subject: RE: 526 Selva Lakes Circle -variance No problem. You have 30 days after the CDB approves the minutes ("final order"). The minutes will be approved at the next CDB meeting on March 11th. So you'll have 30 days after March 11th approval (April 10th). You have the option of adding a deck. As long as the deck is less than 30 inches it is exempt from setbacks. Decks are considered permeable if they are wood and elevated more than 2 inches off of the ground. Decks still require a building permit. "Impervious surface shall mean those surfaces that prevent the entry of water into the soil. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, patio areas, driveways, parking lots, and other surfaces made of concrete, asphalt, brick, plastic, or any surfacing material with a base or lining of an impervious material. Wood decking elevated two (2) or more inches above the ground shall not be considered impervious provided that the ground surface beneath the decking is not impervious. Pervious areas beneath roof or balcony overhangs that are subject to inundation by stormwater and which allow the percolation of that stormwater shall not be considered impervious areas.The water surface area of swimming pools shall be calculated as fifty (50) percent impervious surface." From: Linda Kristoff[mailto:lmkristoff@gmail.com] Sent: Monday, March 2, 2020 11:08 AM To: Askew, Amanda Subject: Re: 526 Selva Lakes Circle -variance Hi Amanda, Thanks for reaching out. Can you give me a day or two to discuss with my husband and others? How long do I have to apply? Linda Kristoff Sent from my iPhone 1 On Mar 2, 2020, at 10:24 AM, Askew,Amanda <aaskew@coab.us>wrote: Good morning Dave and Linda, As you are aware, the Community Development Board (CDB) did not approve your variance for your property at the Feb. 12th meeting. The code does allow a provision for you to appeal their decision to Commission. Please see the section below about the appeal process. "(b) Appeals of decisions of the Community Development Board. Appeals of a decision of the Community Development Board may be made to the City Commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the Community Development Board made under the authority of this chapter. Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the City Commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part,and specifying the grounds of the conflict or violation. A duly noticed public hearing,which shall be de novo, will be held by the City Commission at a date and time set by the City Manager or their designee, shall be scheduled within ten (10) business days from the date the appeal is filed." I've included the link for the appeal application. Please let me know if you want to go this route and we can start the process. https://fl-atlanticbeach3.civicplus.com/DocumentCenter/View/10005/Request-for-Appeal?bidld= Amanda L Askew, AICP Director of Planning and Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 2 7/21/2020 Property Appraiser-Property Details KRISTOFF DAVID) 7 Primary Site Address Official Record Book/Page Tile# 526 SELVA LAKES CIR 526 SELVA LAKES CIR 19018-00024 9417 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233 KRISTOFF LIMA M 526 SELVA LAKES CIR Property Detail Value Summary I RE# 172027-5596 Value Description 2019 Certified_2020 In Progress Tax District USD3 Value Method CAMA CAMA Property Use 0100 Single Family Total Building Value $185,999.00 $186,268.00 *of Buildings 1 Extra Feature Value $1,437.00 $1,452.00 For full legal description see Land Value(Market) $130,000.00 $135,000.00 Legal Desc. Land&Legal section below Land Value A ric.• $0.00 $0.00 Subdivision 04274 SELVA LAKES UNIT 02 lust(Market)Value $317,436.00 $322,720.00 Total Area 3510 Assessed Value $248,968.00 $322,720.00 The sale of this property may result in higher property taxes.For more information go to Cap Diff/Portability A mt $68,468.00/$0.00 $0.00/$0.00 Save 9 ur Homes and our Property Tax Estimator.'In Progress'property values, Exemptions $50,000.00 See below exemptions and other supporting information on this page are part of the working tax roll and are subject to change.Certified values listed in the Value Summary are those certified in Taxable Value $198,968.00 See below October,but may indude any official changes made after certification Learn how the Property Appraiser's Office values property. + Taxable Values and Exemptions-In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value Assessed Value $322,720.00 Assessed Value $322,720.00 Assessed Value $322,720.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead(HX) -$25,000.00 Homestead Banding 196.031(1)(b)(HB) -$25,000.00 Homestead Banding 196.031(1Xb)(H B) -$25,000.00 Taxable Value $297,720.00 Taxable Value $272,720.00 Taxable Value $272,720.00 . Sales History i Book/Page I Sale Date I Sale Price I Deed Instrument Type Code I Qualified/Unqualified Vacant/Improved 1 19018-00024 11/22/2019 I$356,500.00 I WD-Warranty Deed I Qualified Improved 16207-00512 1/3/2013 1$252,500.00 WD-Warranty Deed I Qualified Improved 115119-02433 12/30/2009 $255,000.00 WD-Warranty Deed I Qualified Improved 113550-00729 9/8/2006 $100.00 QC -Quit Claim Unqualified Improved 11075-02366 4/18/2003 '$233,000.00 WD-Warranty Deed Qualified Improved 08452-01787 9/27/1996 $134,300.00 WD-Warranty Deed Qualified Improved 08392-01020 7/1/1996 $1,290,700.00 I WD-Warranty Deed Unqualified Vacant 08326-00289 4/5/1996 $433,000.00 WD-Warranty Deed (Unqualified Vacant 08155-00196 3/30/1994 $500,000.00 SW-Special Warranty Unqualified Vacant 08063-00910 3/30/1994 $500,000.00 SW-Special Warranty Unqualified Vacant 08063-00905 3/13/1995 $1,413,400.00 WD-Warranty Deed I Unqualified Vacant Extra Features - LN I Feature Code I Feature Description I Bldg. I Length !Width I Total Units I Value I ', 1 I SFRR2 I Sun Room Fla Room 11 1 8 112 196.00 I$1,452.00 I + Land&Legal Land • Legal LN Code Use Description Zoning Front I Depth Category Land Land Land I LN I Legal Description I Units Type Value I I RES POND ID 3-7 UNITS PER , 1 43 11 17-25 29E I 1 0190 1 AC APUD 35.00 101.00 I Common 1.00 Lot 1$135,000.001 2 SELVA LAKES UNIT 2 I 3 LOT 100 I + Buildings - Building 1 Building 1 Site Address I Element I Code I Detail 526 SELVA LAKES CIR Unit Atlantic Beach FL 32233 Exterior Wall 16 6 Vertical Sheet Exterior Wall '16 16 Frame Stucco Building Type 0102-SFR 2 STORY Roof Struct 3 3 Gable or Hip Year Built 1996 Roofing Cover 3 3 Asph/comp Shng 1 Building Value $186,268.00 Interior Wall 5 5 Drywall Int Flooring 11 11 Cer Clay Tile Type Gross Heated I Effective Int Flooring 12 12 Hardwood Area Area !Area I Heating Fuel 4 4 Electric Base Area I 528 528 1528 I Heating Type 4 4 Forced-Ducted httpsi/paopropertyseerch.cq.net/Basic/Detail.asp)PRE=1720275596 1/2 t ��� CITY OF ATLANTIC BEACH `�. ' 800 SEMINOLE ROAD r 1 s ATLANTIC BEACH, FL 32233 4 PHONE (904) 247-5800 r 11 9' 7/21/2020 David Kristoff 526 Selva Lakes Circle Atlantic Beach, FL 32233 Real Estate Number: 172027 5596 Case Number: 20-074 Location of Violation: 526 SELVA LAKES CIR, 43-11 17-2S-29E SELVA LAKES UNIT 2 LOT 100 Atlantic Beach, Florida Dear Property Owner: Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing construction activities and also maintenance standards for property within the City. These standards are set forth in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. A code enforcement inspection at 526 SELVA LAKES CIR was conducted on 7/20/2020. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: VIOLATION CODE: FBC Section 105 Permit 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter,repair, remove, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,repair,remove, convert or replace any required impact resistant coverings, electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code,or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. NATURE OF VIOLATION: On December 31, 2020 a stop work order was placed on your property for installation of a patio without an approved City of Atlantic Beach permit. Subsequently the permit application was submitted and was denied. A variance request was submitted to the Community Development Board and was denied on 2/18/2020. As of 7/20/2020,the unapproved patio area has not been removed. This letter requests that the noted violation(s) be corrected by removing unapproved concrete and additional pavers added to the property within fifteen(15)days of the receipt of this notice. Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247- 58555 if you have any questions or need additional information. I, tq .12cLcc' 1 , hereby swear and affirm that the above statement is true and accurate. • direly, . gela Ir'Ail - CODE E : 'CEMENT ;O ' r*r Permit Reviews .)1///r.' City of Atlantic Beach Permit Number: ACC19-0094 Description: PAVER PATIO Applied: 12/31/2019 Approved: Site Address:526 SELVA LAKES CIR Issued: Finaled: City,State Zip Code:Atlantic Beach,Fl 32233 Status: RECEIVED Applicant:<NONE> Parent Permit: Owner:Kristoff David Parent Project: Contractor:<NONE> Details: OWNER BUILDER LIST OF REVIEWS SENT DATE RETURNED DUE DATE TYPE CONTACT STATUS REMARKS DATE Review Group:AUTO 12/31/2019 12/31/2019 SUBMITTAL Permit Tech APPROVED COMPLETENESS Notes: 12/31/2019 1/2/2020 1/15/2020 ZONING Zoning APPROVED Notes: 12/31/2019 12/31/2019 1/15/2020 BUILDING Building NOT APPLICABLE TO DEPARTMENT Notes: 12/31/2019 1/6/2020 1/15/2020 PUBLIC WORKS Public Works DENIED Received 1/2/20 Notes: No additional work can be done on this property. Documentation shows impervious areas are over the 45%allowed by City code. 12/31/2019 12/31/2019 1/15/2020 PUBLIC UTILITIES Public Utilities NOT APPLICABLE TO DEPARTMENT Notes: .11 Printed:Tuesday,07 January,2020 1 of 1 • TRU,r 14.,, MINUTES • Community Development Board (CDB) Meeting 7-- r" Tuesday, February 18, 2020 - 6:00 PM Commission Chamber Present: Linda Lanier,Member Kirk Hansen,Chair Brian Major,Member Mark Tingen,Member James Moyer, Member Absent: Sylvia Simmons, Member Jennifer Lagner,Member Also Present: Brenna Durden, City Attorney(CA) Brian Broedell,Principal Planner Valerie Jones, Recording Clerk Amanda Askew,Community Development Director 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 January 21, 2020 regular meeting of the Community Development Board. 3. OLD BUSINESS A. SIGN CODE Chapter 17 Chair Hansen switched the agenda order due to the number of speakers for the variance. This item was moved until after the variance. STAFF REPORT: City Manager Shane Corbin addressed the Board. He spoke about the Supreme Court case that caused the City to cease enforcement on parts of the code that are in conflict with the Supreme Court decision. City Manager Corbin explained that the Staff began the process when he was the Director and it has been a long process with several interruptions along the way. He said the City would like to get this done and have clear rules put in place before the upcoming political season. Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. BOARD DISCUSSION: Mr. Major asked Ms. Durden what the spirit of the Supreme Court ruling was. Ms. Durden said the Court was very clear about their concern for 1st amendment rights and the fact that many sign codes around the country made a distinction on the placement and size of a sign based on content. The Court found that Community Development Board(CDB) February 18,2020 there was no legitimate purpose in determining the size, time or place that you could have a sign based on content. Ms. Durden said this case arose out of temporary signs associated with a church regarding parking, service times, etc. She said the spirit of the Supreme Court ruling was to tell local governments that they can not regulate based on content. However, cities can limit the number, size, and duration as long as the sign regulations are content neutral. Ms. Durden said that finding a legal balance has been a challenge. She feels comfortable about the changes that Staff has made. Mr. Tingen asked about the signage for store front windows. Director Askew said it would be limited to 20 percent. Mr. Moyer asked about the bus stop signage. Director Askew said the one on Atlantic Boulevard was in FDOT right-of-way and not in the City. She said the one on Plaza would be limited to government-type signs. Ms. Lanier asked for clarification on multi-family development signs. Director Askew said that 3-units or more are currently allowed to have a sign and it is proposed to be changed to 11-units or more. Ms. Lanier asked if this was comparable to other municipalities. Director Askew said it was. She added that currently some of these signs were installed by the developer and were placed in the right-of-way, this sign code would eliminate that unless approved by Commission. Ms. Lanier asked about banners and Director Askew said that would fall under temporary commercial signs. Mr. Tingen asked if this code would apply to commercial vehicles parked in the right- of-way. Director Askew said if a vehicle was wrapped in a sign that was more than 20 percent then it would. She said that if the vehicle is regularly used in the conduct of business, depending on where it is parked, it may not be able to be parked in that area. Director Askew clarified that if, for example if there was a flag wrapped on a vehicle and it was advertising a business it would be considered a sign but if it was just a patriotic gesture it would be considered art. Ms. Lanier asked about a mural on the side of a building that has the logo or name of the business on it. Director Askew said that would be considered a sign whereas just a mural with no logos would be considered art. Mr. Major asked about the people who hold and flip signs. Director Askew said that would be considered freedom of speech, as long as that sign doesn't touch the ground. Mr. Major asked why the City logo had to be removed. Director Askew said that the City had considered changing the logo and if it's not changed in the Sign Ordinance then the City would not be able to update the signs without a variance or changes to the Sign Code. MOTION: Recommend referral as written to the upcoming workshop with the City Commission. Motion: Linda Lanier Second: James Moyer Linda Lanier(Moved By) For Kirk Hansen For Brian Major For Mark Tingen For James Moyer(Seconded By) For Community Development Board(CDB) February 18,2020 Motion passed 5 to 0. Ms. Lanier thanked the Staff for their hard work. Director Askew credited Planner Broedell for his hard work. Mr. Moyer and Mr. Major agreed. 4. NEW BUSINESS A. ZVAR20-0001 PUBLIC HEARING (Dave and Linda Kristoff) Request for a variance to increase the maximum impervious surface allowed on a residential lot to 69% to allow for the installation of a paver patio at 526 Selva Lakes Circle (Lot 100 Selva Lakes Unit 2). STAFF REPORT: Planner Broedell presented the information as explained in the staff report. He also provided a PowerPoint presentation. Mr. Moyer wanted to know if the percentage for impervious surface changed due to the retention pond. Planner Broedell said it did not. Mr. Moyer asked if there had been any flooding issues in the applicant's area. Planner Broedell said that a good portion of the eastern side of the neighborhood is within the 100 year flood zone along Sherman Creek which puts it at a greater risk of flooding. Mr. Major asked if there were any run-off retention structures to retain water. Planner Broedell said there were not. PUBLIC COMMENT: Chair Hansen opened the Public Hearing. Phil Heffner of 1034 Big Pine Key spoke in favor of variance request. Helen Urban of 543 Pelican Key spoke against the variance request. She explained her concerns and presented the Board with a detailed print out that explained her reasoning along with photographs. APPLICANT COMMENT: Linda Kristoff of 526 Selva Lakes Circle introduced herself. She said that she and her husband are new to the area and bought this home to retire. Ms. Kristoff said that the home was in disrepair inside and out. She said that the patio was cracked so they decided to replace it with pavers, contracted the job and began work. Ms. Kristoff did not realize she needed a permit for this type of work. She applied for a permit, but it was denied due to the impervious surface exceeding the allowed percentage. The job was nearly finished and the Kristoffs went ahead and had the contractor complete the work. BOARD DISCUSSION: Ms. Lanier asked Staff if due to the way the patio is built up off of the ground, are the pavers considered pervious. Planner Broedell said that they would not be considered pervious. Mr. Major asked about the retention pond. Director Askew explained that whenever a subdivision is designed, there has to be storm water retention. She said that they would have to go back and see what the calculations were and whether they went above and beyond the 62% allowed for the entire subdivision. Community Development Board(CDB) February 18,2020 Mr. Tingen asked about the Stop Work Order and why the work continued. Director Askew explained that the applicant's came in, they were told to stop work with the exception of moving pavers to prevent a trip hazard. The applicants were told that they would not be able to complete the job until they had gone through the variance process. Director Askew said that the applicants have completed the installation of the pavers. Mr. Moyer asked if the retaining wall was included in the calculations. Director Askew said that Staff has not seen the retaining wall. Chair Hansen said that he went and looks at the property and the impervious surface has increased. He said that the impervious surface was already over the limit and he would have a hard time granting a variance for more. Ms. Lanier said that even though it is obvious other homes in the neighborhood are over the impervious limit that doesn't give the Board a reason to approve this variance. Mr. Major asked if the code addressed homes next to retention ponds and the mathematical calculations in connection with what is in place right now. Director Askew said that Staff depends on engineers to provide these calculations. She said the previous pond did allow for a certain volume but she was not sure of how much extra was included to accommodate extra drainage. Mr. Major asked if there was language in the code that would allow the current requirement to be superseded by that design. Director Askew said there was not. APPLICANT COMMENT: Linda Kristoff asked if the fact that some neighbors have longer driveways, front patios, side patios and back patios plays into this. Chair Hansen said that the code allows 45% and the applicant is at 62% which was grandfathered in. Ms. Kristoff asked if she could file a continuance. Chair Hansen said that was not up to the Board. MOTION: To deny ZVAR20-0001 request for a variance to increase the maximum impervious surface since it does not meet any of the grounds for approval. Motion: Linda Lanier Second: Mark Tinges Linda Lanier(Moved By) For Kirk Hansen For Brian Major For Mark Tinges (Seconded By) For James Moyer For Motion passed 5 to 0. 5. REPORTS 6. PUBLIC COMMENT 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 7:14 p.m. Community Development Board(CDB) February 18,2020 Attest: OfmaiA l nd kj.iv Amanda Askew Kirk Hansen, Chair Community Development Board(CDB) r February 18,2020