Loading...
330 Ocean Boulevard LETTER 01.08.2018 (Violation Sidewalk Setback)W. ALAN WINTER awi nter©winterlawflrm. com Vinter Law Pnrm PROFESSIONAL ASSOCIATION 310 THIRD STREET NEPTUNE BEACH, FLORIDA 32266 Monday, January 08, 2018 Derek Reeves, City Planner City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 TELEPHONE )904) 242 0222 FAX )904) 242-7051 By Certified Mail, Return Receipt Requested Re: Joanne Kane, 330 Ocean Blvd. Dear Mr. Reeves: This firm has the pleasure of representing Ms. Joanne Kane, a longtime resident of Atlantic Beach whose address is 330 Ocean Boulevard, Atlantic Beach, Florida, 32233. 1 am certain that you are aware of the development of a new residence at 340 Ocean Boulevard, just to the north of Ms. Kane's property. It is our position that that property is currently in violation of Atlantic Beach's side setback requirements and that the violation is patent and obvious. We request that the violation be immediately remedied and that the City of Atlantic Beach, through their authority, demand the correction. The violation is obvious and concerns permanent stairs that have been installed on the south side of the garage apartment. I know of no neighbor who will consent to a variance to allow the violation. It has been brought to my attention that the violation could be considered for a "waiver" of code compliance but this violation cannot be considered for such relief. A "waiver" would be only considered as a result of a mistake or an innocent minor deviation from approved plans. Having personally viewed the approved plans for this project at Atlantic Beach's Building and Zoning Department, I am well aware that the ingress/egress door for the garage apartment in this case was approved on the east side of the structure. The existing ingress/egress and stairs have been constructed on the south side of the structure in violation of Atlantic Beach codes. This deviation is nota `mistake'. This deviation is a patent and illegal effort that is either grossly negligent or intentionally undertaken. If the City of Atlantic Beach is going to allow this deviation through a "waiver then the City Page 1 of 2 and its employees would also be grossly negligent and may subject themselves to personal liability. I recognize that mere negligence would not subject persons and entities to liability, but gross negligence could have that exposure. I ask that your office forward to my office all documents that have already addressed this issue. Please forward to my office all future documents that are addressing the issue and the property located at 340 Ocean Boulevard. You may forward all documents to my email atk�QLe C\\�(q.Lg irM..q) . Ms. Kane and I intend to appear in person for all hearings that address this issue and therefore it is expected that you will direct notice to me either by regular mail at the letterhead address or by email. Thanking you in advance for your prompt consideration of this matter. \ WAW/rd Cc: Ms. Kane Ellen Glasser, Mayor City of Atlantic Beach W. Alan Winter, Esquire Fla. Bar No. 398713 Page 2 of 2