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CE 1525 Beach Ave Case #21-060 CITY OF ATLANTIC BEACH Cr z'� 800 SEMINOLE ROAD s ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 3/11/2021 DAVEY DONALD V TRUST 1525 BEACH AVE ATLANTIC BEACH,FL 32233 Real Estate Number: 170309 0010 Case Number: 21-060 Location of Violation: 1525 BEACH AVE, 5-64 16-2S-29E .300 ATLANTIC BEACH LOT 2,LANDS LYING ELY THEREOF BLK 62 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 1525 BEACH AVE was conducted on 3/11/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: A permanent basketball goal has been installed in the right-of-way of Beach Avenue in front of your home. Temporary,portable goals are permitted,but permanent non-portable posts are not permitted in the right of way. VIOLATION CODE: Sec. 19-1.Construction within and/or use of city rights-of-way. (c)Except as may be permitted in accordance with section 19-2 hereof,no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. This letter requests that the noted violation(s) be corrected by removing and relocating the post within ten (10)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- 5855 or airizarry@coab.us if you have any questions or need additional information. PI, Oto. \ zQII , hereby swear and affirm that the above statement is true and accurate. .-rely, s\..kas) V1. 'tj ()L125 Angela Irizarry CODE ENFORCEMENT Irizarry,Angela From: Irizarry,Angela Sent: Tuesday, March 23, 2021 3:01 PM To: 'Don Davey' Subject: RE: basketball hoop at 1525 Beach Avenue Good afternoon, I wish I were able to give you better news, but this section of the code does not have a variance provision that would allow us to grant any type of extension. I do not have the ability or authority to give permission to keep it there until your daughter is out of school. From: Don Davey [mailto:ddavey@demgt.com] Sent: Monday, March 22, 2021 2:50 PM To:Swann,Steve<sswann@coab.us> Cc: Irizarry,Angela <alrizarry@coab.us> Subject: RE: basketball hoop at 1525 Beach Avenue Thank you Steve. I thought the city would require an engineer to take a look at things before making any decisions. Sorry about that. Angela, I'll wait to hear from you. Thank you both for your consideration! Regards, Don Davey Wealth Engineer Disciplined Equity Management (904) 222-0280 office (904) 212-0058 efax Four Pillars of Investment Success CONFIDENTIALITY NOTICE: The information contained in this e-mail and attached document(s) may contain confidential information that is intended only for the addressee (s). If you are not the intended recipient,you are hereby advised that any disclosure, copying, distribution or the taking of any action in reliance upon the information is prohibited. If you have received this e-mail in error, please notify the sender immediately and delete it from your system. From:Swann, Steve<sswann@coab.us> Sent: Monday, March 22,2021 2:47 PM To: Don Davey<ddavey@demgt.com> Subject: RE: basketball hoop at 1525 Beach Avenue Hi Don. I typically don't get involved in code enforcement issues, but I understand you have had a discussion with Angela Irizarry regarding the letter. I'll forward this info to her and have a discussion with her about it. If you don't hear from her in a day or two,go ahead and give her a call back.—Steve 1 Steve Swann,PE City Engineer i "it fir# E. City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 0 904-247-5874 C 904-426-3338 From: Don Davey [rnailtorddavey@demgt.com] Sent: Monday, March 22, 2021 12:32 PM To: Swann, Steve Subject: basketball hoop at 1525 Beach Avenue Hi Steve! This is Don Davey from 1525 Beach Avenue. Last week I received the attached letter from Code Enforcement regarding my daughter's basketball hoop. Quick backstory: • We have lived at this address for 13 years and have had several portable basketball hoops over the years, all of which blew down into the street during heavy winds. • Four years ago,we had a pole installed 2.5 feet back from the edge of the road to provide safety/stability • Now that she is a starter on the Providence Middle School team, my daughter Kasey asked for a nice "Goalrilla" backboard for Christmas. • When I bought it, I instructed our handyman to install the new support 4.5 feet from the edge of the road, a full two feet east of the old pole's position • My friend George Mayforth is an engineer and graciously agreed to provide the attached photos to clarify the situation. My daughter absolutely loves this new hoop and uses it every day. Pushing it back to the required distance of 20 feet from the centerline of the road would make it completely unusable. I am not trying to be difficult, but is there any way the city could see clear to grant a variance to the current code,just until she is out of school in five years? I don't see how it can be seen to cause a safety threat to either vehicle or pedestrian traffic. I'd be happy to drop by to discuss this week if you have a free minute? Thank you so much for your consideration. Regards, Don Davey Wealth Engineer Disciplined Equity Management (904) 222-0280 office 2 (904)212-0058 efax Four Pillars of Investment Success CONFIDENTIALITY NOTICE: The information contained in this e-mail and attached document(s) may contain confidential information that is intended only for the addressee(s). If you are not the intended recipient,you are hereby advised that any disclosure, copying, distribution or the taking of any action in reliance upon the information is prohibited. If you have received this e-mail in error, please notify the sender immediately and delete it from your system. 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Click here to report this email as spam. 3 ii irk„lr'r' CITY OF ATLANTIC BEACH is- 800 SEMINOLE ROAD ii; '�' ATLANTIC BEACH, FL 32233 PHONE (904) 247-5800 ri JF31SCERTIFIED RETURN RECEIPT 7017 0660 0000 3856 5194 5/4/2021 DAVEY DONALD V TRUST 1525 BEACH AVE ATLANTIC BEACH, FL 32233 Real Estate Number: 170309 0010 Case Number: 21-060 Location of Violation: 1525 BEACH AVE, 5-64 16-2S-29E .300 ATLANTIC BEACH LOT 2,LANDS LYING ELY THEREOF BLK 62 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 1525 BEACH AVE was conducted on 3/11/2021 & 5/4/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: NATURE OF VIOLATION: A permanent basketball goal has been installed in the right-of-way of Beach Avenue in front of your home. Temporary, portable goals are permitted,but permanent non-portable posts are not permitted in the right of way. VIOLATION CODE: Sec. 19-1. Construction within and/or use of city rights-of-way. (c)Except as may be permitted in accordance with section 19-2 hereof, no person or entity shall undertake any use of or any type of construction within city rights-of-way, including without limitation,the following: (6)Permanent recreational structures of any kind, except no recreational structures whether permanent or temporary on streets listed in section 21-17 of the Code of Ordinances. This letter requests that the noted violation(s) be corrected by removing and relocating the post within ten (10)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- 5855 or airizarry@coab.us if you have any questions or need additional information. I,f:Wia\CA_ , jZZAZOIJ i'` ( , hereby swear and affirm that the above statement is true and 414 urate. rely, , \ • 111111W • ngela Iriet 4110 ' CODE ENFORCEMENT