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CE 94 13th Street West Case #21-037ra`r� »vim.,,.. �� ^ ��* J�•Ad -W' - rLJf \s '' ermit Reviews �� ity of Atlantic Beach Permit Number: ACC21-0026 Description:SHED Applied:4/14/2021 Approved: Site Address:94 W 13TH ST Issued: Finaled: City,State Zip Code:Atlantic Beach,Fl 32233 Status:AWAITING REVISION Applicant:<NONE> Parent Permit: Owner: HAVENS PETER Parent Project: Contractor:<NONE> Details: OWNER BUILDER LIST OF REVIEWS SENT DATE RETURNED DUE DATE TYPE CONTACT STATUS REMARKS DATE Review Group:AUTO 4/14/2021 4/14/2021 SUBMITTAL Permit Tech APPROVED COMPLETENESS Notes: ONE ATTACHMENT 4/14/2021 4/23/2021 4/28/2021 ZONING Zoning DENIED Notes: Sheds shall not exceed 12 feet in height.Plans show the height of the proposed shed greater than 12 feet.Please revise plans accordingly. 4/14/2021 4/27/2021 4/28/2021 BUILDING Building DENIED Notes: Correction Comments: 1.Submit drawings revised as we discussed to show the continuous tie-down criteria that we discussed at our walk through. 2.I did not measure height.It was noted by the Planning and Zoning department that height shall not be greater than 12ft.from grade.Be sure to call out the height on the resubmitted revised drawings. 4/14/2021 4/15/2021 4/28/2021 PUBLIC WORKS Public Works APPROVED W/CONDITIONS Notes: See Conditions of Approval that will be printed on Permit. 4/14/2021 4/15/2021 4/28/2021 PUBLIC UTILITIES Public Utilities NOT APPLICABLE TO DEPARTMENT Notes: Printed:Wednesday,27 October, 2021 1 of 1 * CENTRALSQUARE . i L:r t..)' i,, CITY OF ATLANTIC BEACH -.` 1:; 800 SEMINOLE ROAD s) ATLANTIC BEACH, PHONE (904)247-5800FL32233 7/9/2021 HAVENS PETER 94 W 13TH ST ATLANTIC BEACH, FL 32233-3418 Real Estate Number: 170805 0070 Case Number: 21-037 Location of Violation: 94 W 13TH ST, 18-34 17-2S-29E .091 ATLANTIC BEACH SEC H W 10FT LOT 5(EX N 52.7FT)LOT 6(EX N 52.7FT)BLK 58 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 94 W 13TH ST was conducted on 7/9/2021. The City of Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances: 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: A stop work order was posted on your property for installation of a shed with no approved permit. An after the fact application was received on 4/14/2021 but subsequently denied. To date,the unpermitted shed remains in the back yard and not revised application has been received to address the review comments. This letter requests that the noted violation(s) be corrected by submitting revised plans to alter the shed to meet the review comments or remove the shed from the property 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, A( Q 1C f , hereby swear and affirm that the above statement is true and accurate. J Sig , Angela Iriza (ldV"?5'"-- CODE ENFORCEMENT i` ' j�f Js ,i1f CODE ENFORCEMENT z CITY OF ATLANTIC BEACH, FLORIDA Z: NOTICE OF HEARING 10/4/2021 Case Number: 21-037 HAVENS PETER Certified Mail Return Receipt: 94 W 13TH ST 7013 1710 0002 1691 9059 ATLANTIC BEACH, FL 32233-3418 Property Address: 94 W 13TH ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 4, 2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 94 W 13TH ST, 18-34 17-2S-29E .091 ATLANTIC BEACH SEC H W 10FT LOT 5(EX N 52.7FT) LOT 6(EX N 52.7FT) BLK 58 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City 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. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on your property for installation of a shed with no approved permit. An after the fact application was received on 4/14/2021 but subsequently denied. To date,the unpermitted shed remains in the back yard and no revised application has been received to address the review comments. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact Page 1 of 2 • the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, _�, .\atf .{ , hereby swear and affirm that the above statement is true and curate. Angela Irizarry Code Enforcement Officer, City of Atlantic Beach ATTEST: n1.sV� Kim Flower, Records Clerk U.S. Postal ServiceTM -CERTIFIED MAILTM RECEIPT ul (Domestic Mall Only;No Insurance Coverage Provided) c-. For delivery information visit our website at www.usps.come rR ..D Postage $ r-R Certified Fee ru Return Receipt Fee Postmark O (Endorsement Required) Here Restricted Delivery Fee im (Endorsement Required) r-R Q r- Total Postage&Fees $ r-9 Sent To a f+a vcvns CG--.) ( -Q 3.7 O Street,Apt.No.; [� or PO Box No. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions Page 2 of 2 USPS Tracking® FAQs > Track Another Package + Tracking Number: 701 31 71 000021 691 9059 Remove X Your item was delivered to an individual at the address at 5:02 pm on October 7, 2021 in ATLANTIC BEACH, FL 32233. G Delivered, Left with Individual 0 October 7, 2021 at 5:02 pm CD Q 0- ATLANTIC BEACH, FL 32233 °a' x- Get Updates \/ Text & Email Updates u Tracking History n October 7, 2021, 5:02 pm Delivered, Left with Individual ATLANTIC BEACH, FL 32233 Your item was delivered to an individual at the address at 5:02 pm on October 7, 2021 in ATLANTIC BEACH, FL 32233. October 6, 2021, 6:43 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER October 5, 2021, 9:11 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information u See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQscp cp a 0- a) C) x- OWNER:ADDRESS:CITY:STATE:ZIP: HAVENS PETER 94 W 13TH ST ATLANTIC BEACH FL 32233-3418 COMPANY:ADDRESS:CITY:STATE:ZIP: TYPE OF CONSTRUCTION: REAL ESTATE NUMBER:ZONING:BUILDING USE GROUP:SUBDIVISION: 170805 0070 ATLANTIC BEACH SEC H JOB ADDRESS:PERMIT TYPE:DESCRIPTION: VALUE OF WORK: 94 W 13TH ST ACCESSORY SINGLE OR TWO FAMILY ACCESSORY SHED $2000.00 LIST OF CONDITIONS Roll off container company must be on City approved list . Container cannot be placed on City right-of-way. 1 PUBLIC WORKS ON SITE RUNOFF INFORMATIONAL Notes: All runoff must remain on-site during construction. 2 PUBLIC WORKS ROLL OFF CONTAINER INFORMATIONAL Notes: Roll off container company must be on City approved list. Approved list can be obtained at the Building Department at City Hall. Roll off container cannot be placed on City right-of-way. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION. ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES . ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY. 1 of 2Issued Date: 11/24/2021 PERMIT NUMBER ACC21-0026 ISSUED: 11/24/2021 EXPIRES: 5/23/2022 ACCESSORY PERMIT CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 FEES DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT BLDG 2ND PLAN REVIEW FEE 455-0000-322-1006 0 $50.00 BUILDING PERMIT 455-0000-322-1000 0 $65.00 BUILDING PLAN CHECK 455-0000-322-1001 0 $32.50 PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 $25.00 STATE DBPR SURCHARGE 455-0000-208-0700 0 $4.84 STATE DCA SURCHARGE 455-0000-208-0600 0 $3.23 WORK WITHOUT PERMIT 455-0000-322-1000 0 $175.00 ZONING REVIEW SINGLE AND TWO FAMILY USES 001-0000-329-1003 0 $100.00 TOTAL: $455.57 3 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL Notes: Full right-of-way restoration, including sod, is required. 4 PUBLIC WORKS RUNOFF INFORMATIONAL Notes: All runoff must remain on-site. Cannot raise lot elevation. 5 PUBLIC WORKS DECKING REMOVED INFORMATIONAL Notes: All old decking and debris must be removed from job site by Owner. 6 PUBLIC WORKS INFRASTRUCTURE INFORMATIONAL Notes: Any damage done to infrastructure must be repaired by Owner. 2 of 2Issued Date: 11/24/2021 PERMIT NUMBER ACC21-0026 ISSUED: 11/24/2021 EXPIRES: 5/23/2022 ACCESSORY PERMIT CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 DESCRIPTION ACCOUNT QTY PAID PermitTRAK $455.57 ACC21-0026 Address: 94 W 13TH ST APN: 170805 0070 $455.57 BLDG SUBSEQUENT PLAN REVIEW FEES $50.00 BLDG 2ND PLAN REVIEW FEE 455-0000-322-1006 0 $50.00 BUILDING $65.00 BUILDING PERMIT 455-0000-322-1000 0 $65.00 BUILDING PLAN REVIEW $32.50 BUILDING PLAN CHECK 455-0000-322-1001 0 $32.50 PUBLIC WORKS PLAN REVIEW $25.00 PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 $25.00 STATE SURCHARGES $8.07 STATE DBPR SURCHARGE 455-0000-208-0700 0 $4.84 STATE DCA SURCHARGE 455-0000-208-0600 0 $3.23 WORK WITHOUT PERMIT $175.00 WORK WITHOUT PERMIT 455-0000-322-1000 0 $175.00 ZONING PLAN REVIEW $100.00 ZONING REVIEW SINGLE AND TWO FAMILY USES 001-0000-329-1003 0 $100.00 TOTAL FEES PAID BY RECEIPT: R18126 $455.57 Printed: Wednesday, November 24, 2021 3:54 PM Date Paid: Wednesday, November 24, 2021 Paid By: HAVENS PETER Pay Method: CREDIT CARD 550641943 1 of 1 Cashier: CG Cash Register Receipt City of Atlantic Beach Receipt Number R18126 Final Plumbing Final Electrical Final HVAC CC Final Final Building* Swimming Pool Steel Swimming Pool Safety Electrical Grounding & Bonding Swimming Pool Final (Bldg) Swimming Pool Final (PW) Formed Columns/ Beams* Masonry Cell Fill Structural Steel* OTHER: OTHER: OTHER: OTHER: OTHER: Power Pole Silt Fence Piers/ Stem Walls Underground Plumbing Underground Electric Foundation/ Footing Slab** Retaining Wall Footing Driveway Sewer (Building Dept) Sewer Tap (Utilities Dept) Rough Electric* Rough Plumbing/ Top Out* Rough Mechanical* House Wrap Wall Sheathing Roof Sheathing Tie-down Framing Connections Rough Framing Roofing In Progress Window/Door In-Progress Insulation Ceiling Insulation Wall Exterior Lath Stucco Scratch Coat Exterior Siding In-Progress Brick Flashing & Ties Early Power Gas Rough Gas Final* * When all rough electric, plumbing, mechanical are complete but before any work is covered up. * When all gas piping is complete and wallboard is installed but before gas is attached to any appliance. All outlets must be capped and pipe pressurized at a minimum of 15 lbs. * For new living space: When all construction work including electrical, plumbing, mechanical, exterior finish, grading, required paving and landscaping is complete and the building is ready for occupancy, but before being occupied Additional inspections may apply to your project if your project contains these elements: INSPECTIONS REQUIRED FOR BUILDING PERMITS To verify compliance with building codes, inspections of the work authorized are required at various points of the construction. The following inspections are typically required for residential projects: Date: Initial: Date: Initial: _____________________________________________________ Permit Type ____________________________________________________ Permit No. __________________________________________________________ Job Address ____________________________________________________ Contractor POST THIS CARD WITH PERMITS AND PERMIT DOCUMENTATION IN FRONT OF BUILDING Construction Hours per City Code: 7am—7pm Weekdays; 9am—7pm Weekends Building Department Public Works/Utilities Fire Department Phone: 904-247-5826 Phone: 904-247-5834 Phone: 904-630-4789 Fax: 904-247-5845 Fax: 904-247-5843 Fax: 904-630-4203 * When forms and reinforcing steel, anchor bolts, sleeves and inserts, and all electrical, plumbing and mechanical work is in place, but before concrete is poured. * When all structural steel members are in place and all connections are complete, but before such work is covered or concealed. ** FORM BOARD ELEVATION CERTIFICATE MUST BE ON-SITE FOR SLAB INSPECTION Building Permit Application Updated10/9/ 18 ri, City of Atlantic Beach Building Department ALL INFORMATION 800 Seminole Road, Atlantic Beach, FL 32233 HIGHLIGHTED IN GRAY IS REQUIRED. Phone:904) 247-5826 Email: Building-Dept@coab.us Job Address: CT (/i ,6'( c2-,E. !" I e n7 A - Permit Number: C Legal Description 5 1 V - ( q VjY(7s RT1` Ac RE# /70g0J`0v 70 Valuation of Work(Replacement Cost)$ '2-7000 Heated/Cooled SF Non-Heated/C E Class of Work: ©New Addition EAlteration Repair Move Demo Pool Window/Do APR 1 2 2021x•_ Use of existing/proposed structure(s): Commercial (residential// If an existing structure,is a fire sprinkler system installed?: Yes IJNo CY: Will tree(s)be removed in association with proposed project? DYes(must submit separate Tree Removal Permit) No Describe in detail the type of work to be performed:Con54-cc-tuft-0 r\ O I541‘Aci SciTtAChtfe. Florida Product Approval# for multiple products use product approval form Property Owner Information FF Name `k-7" -.-0Y-e--e- ( Address C 4 W4 341 S.fre+ City Lr Gt,t1 ' • State f--L, Zip 3 .l-3 Phone QO L- 4Sl -`' t 5 E-Mail PP+e411 1Yyu.( •UJ M Owner or Agent(If Agent, Power d#'Attorney or Agency Letter Required) Contractor Information Name of Company se, t -Cil3; cA C=+ r Qualifying Agent \ _ • 7 Address `IL-f' Li ('-- ` t" City / 1c3..4-Cc. State t Zip 37-2-3 3 Office Phone cl'O {`6F,S( ' ' ".A5 Job Site Contact Number 'O4'- State Certification/Registration# E-Mail c7 -'X b(r<c,t/efi .- C3 rVl& { , CO Architect Name&Phone# t J Engineer's Name&Phone# Workers Compensation Insurer OR Exempt r'Expiration Date Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING,SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS,and AIR CONDITIONERS,etc. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. OWNER'S AFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECO5DING YO R NOTICE OF COMMENCEMENT. Signature of Owner or Agent) Signature of Contractor) Signed and sworn to(or affirme before me this 8 day of Signed and sworn to(or affirmeddbefore me this R day of F26 , ac»-1 ,by e+e 1-1-oiL'evs F ba1 by eke \gv€k,s t e.f o .1 Signature of Notary) SMITH ctar.7u:,ic-State c'7Icrida jr KARLA SMITH ersonally Known OR `C$r4 Commission=HH°IEEE Personally Known OR . `: Notary Public•State of Florida rti; +ny C^.mm.cx.ires Jai C.20.24 Commission K HH 018840 Produced Identificati Produced Identification My Comm.Expires Jul 8,2024Bort:EC tirraugk aticca Notary rssr. Type of Identification: Type of Identification: Bonded through National Notary Assn. ACC21-0026 ALL Owner Builder Affidavit HIGHLI HIED I ON HIGHLIGHTED IN City of Atlantic Beach Building Department GRAY IS REQUIRED. 800 Seminole Rd, Atlantic Beach, FL 32233y` D Phone: (904) 247-5826 Email: Building-Dept@coab.us PERMIT#: I. FLORIDA STATUTES;CHAPTER 489, FLORIDA STATUTES, PART 1 "CONSTRUCTION CONTRACTING" REQUIRES OWNER/BUILDER TO ACKNOWLEDGE THE LAW: DISCLOSURE STATEMENT FOR SECTION 489.103(7), FLORIDA STATUTES: STATE LAW REQUIRES CONSTRUCTION TO BE DONE BY LICENSED CONTRACTORS. YOU HAVE APPLIED FOR A PERMIT UNDER AN EXEMPTION TO THAT LAW. THE EXEMPTION ALLOWS YOU,AS THE OWNER OF YOUR PROPERTY,TO ACT AS YOUR OWN CONTRACTOR EVEN THOUGH YOU DO NOT HAVE A LICENSE. YOU MUST SUPERVISE THE CONSTRUCTION YOURSELF. YOU MAY BUILD OR IMPROVE A ONE OR TWO FAMILY RESIDENCE OR A FARM OUTBUILDING. YOU MAY '', ALSO BUILD OR IMPROVE A COMMERCIAL BUILDING AT A COST OF$25,000.00 OR LESS. THE BUILDING MUST BE FOR YOUR USE AND OCCUPANCY. IT MAY NOT BE BUILT FOR SALE OR LEASE. IF YOU SELL OR LEASE A BUILDING YOU HAVE BUILT YOURSELF WITHIN ONE YEAR AFTER THE CONSTRUCTION IS COMPLETE,THE LAW WILL PRESUME THAT YOU BUILT IT FOR SALE OR LEASE,WHICH IS IN VIOLATION OF THIS EXEMPTION. YOU MAY NOT HIRE AN UNLICENSED PERSON AS YOUR CONTRACTOR. YOUR CONSTRUCTION MUST BE DONE ACCORDING TO THE BUILDING CODES AND ZONING REGULATIONS. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT PEOPLE EMPLOYED BY YOU HAVE LICENSES REQUIRED BY STATE LAW AND BY COUNTY OR MUNICIPAL LICENSING ORDINANCES. II. INJURY LIABILITY;SINCE OWNERS MAY BE LIABLE FOR INJURIES TO WORKERS THEY HIRE,THE BUILDING DEPARTMENT SUGGESTS WORKER'S COMPENSATION INSURANCE BE PURCHASED. . III. IRS WITHHOLDING;OWNERS HIRING WORKERS BECOME EMPLOYERS AND SHOULD ALSO OBSERVE IRS WITHHOLDING TAX AND/OR FORM 1099 REQUIREMENTS ON THE WORKERS THEY EMPLOY ON THEIR IMPROVEMENT TRADES. IV. PENALTY; UNLICENSED CONTRACTORS CANNOT BE EMPLOYED UNDER ANY CIRCUMSTANCES. OWNERS BEING SUBJECT TO $5,000 PENALTY UNDER FLORIDA STATUTE NO. 455-228(1). AN "OCCUPATIONAL LICENSE" IS NOT ADEQUATE. THE OWNER SHOULD PHYSICALLY SEE THE COUNTY"CERTIFICATE OF COMPETENCY"OR THE FLORIDA"CONTRACTORS CERTIFICATE"TO ASCERTAIN IF A PERSON IS A LICENSED CONTRACTOR. CONTACT THE BUILDING DEPARTMENT(904- 247-5826 OR BUILDING-DEPT@COAB.US) IF IN DOUBT. V. ACKNOWLEDGEMENT; I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE DISCLOSURE STATEMENT AND THAT I COMPLY WITH ALL THE REQUIREMENTS FOR THE ISSUANCE OF AN OWNER-BUILDER PERMIT. Job Address: cm- GJe.64" )3 11 5tr e&f Owner Name: ye,f rQ// e,4L5 + _ L Phone Number: (04-—451— $4.S Mailing Address: 1 tie ,4 ( 3 J XRT City: /4.v.'L 1;/kirAG,h State: FL... Zip: 31233 Notarized Signature of Owner ,: ::--c--44---' The fore oing inn sstrument was acknowledged before me this 1 day of V.bf ill , 20‘, in the State of Florida, County of O,„,,dct Signature of Notary Public i, t, S.:.=::s---- 1 e""JENNIFER JOHNSTON 1 [ ] Personally Known OR [f roducIdentification I • = 14YCOAM93SI0N 81.40575791 cs` EXPIRE&°ci ben27.2°21 I Type of Identification: F L t 4 Q\ J `:Lt O4..„.'... Banded Tins Notary Palk UnduwMn 1 Updated 10/24/18 ACC21-0026 MAP SHOWING BOUNDARY SURVEY OF F,LOT ti, ULOCK 58, E:XCEP1 THE. NORTH 52.70 FELT TALI.([( TOGETHER WITH THE WESTERLY 10 FEET OF LOT 5, BLOCK 58, EXCEPT THE NORTH 52 70 FEET THERE.OF SECTION "H" ATLANTIC BEACH ACCORDING TO THEPLATTHEREOF AS RECORDED IN PLAT BOOK 18, PAGE 34 OF TI-4E CURRENT PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA. CERTIFIED T0: ROBERT J. FEGAN, STEWART TITLE GUARANTY COMPANY, WATSON & OSBORNE TITLE SERVICES, INC. AND RANK OF AMERICA, N.A. ORCHID STREET 50' AVW) 19.3(' (RI I 49._10•(U9 1OC, SLAV. 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OF A FLORIDA LJCENSEO SURVFTOR AND MAPPER ACC21-0026 0 IAN- 4,1 CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA NOTICE OF HEARING V ; 8/17/2022 Case Number: 21-037 HAVENS PETER Certified Mail Return Receipt: 94 W 13TH ST 7013 1710 0002 1691 9165 ATLANTIC BEACH, FL 32233-3418 Property Address: 94 W 13TH ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on September 1, 2022 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 94 W 13TH ST, 18-34 17-2S-29E .091 ATLANTIC BEACH SEC H W LOFT LOT 5(EX N 52.7FT) LOT 6(EX N 52.7FT) BLK 58 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City 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. Sec. 24-151. - Accessory uses and structures. (b) Accessory uses and structures by zoning district. (1) Within all residential zoning districts. 1. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on your property for installation of a shed with no approved permit. An after the fact application was received on 4/14/2021 but subsequently denied due to the plans showing the height of the existing shed exceeded the 12 feet height limited prescribed by COAB code. A revised application showing a reduced height was approved and a permit was issued for that shed on 11/24/2021. To date, no final inspection has been requested to verify that the existing shed height was reduced to meet code. Page 1 of 2 If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, Q\Q r k . c hereby swear and affirm that the above statement ai e and . • urate. a Irt Code EnfolIBIPnt Officer, y of Atl. tic Beach ATTEST: Vanessa Angers, Records Clerk Page 2 of 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Sure • Print your name and address on the reverse X .��- 0 Agent so that we can return the card to you. - 0 Addressee • Attach this card to the back of the mailpiece, B. Received by I. nted Name) C.�Date of gelivery or on the froWE if space permits. Y ) E o I z._'\_ 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes Hn, et'J If YES,enter delivery address below: 0 No Wf L$W. -1349\-0-1 FL 3l23 21--Q,7 II I I I I III 1111111111111111 I II II I I 3. Service Type 0 PriorityeiMail Express© ❑Adult Signature 0 Registered Expr ❑8dult Signature Restricted Delivery 0 Registered Mail Restricted ertified Mail® Delivery 9590 9402 5982 0062 6073 68 ❑Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery C Signature ConfirmationT"' 2. Article Number(Transfer from service label) ured Mail O Signature Confirmation - 7013 17 110 0002 1691 9165 ured Mail Restricted Delivery Restricted Delivery , , er S500) . PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7013 1710 0002 1691 9332 vs. Property Address: 94 W 13th Street Peter Havens Atlantic Beach, FL 32233 94 W 13th Street Atlantic Beach, FL 32233 Respondent. CASE NUMBER: 21-037 REAL ESTATE NUMBER: 170805-0 LEGAL DESCRIPTION: 18-34 17-2S-29E , .091, SECTION H, ATLANTIC BEACH, FL, W 10 FT LOT 5(Ex N 52.7 FT),LOT 6(Ex N 52.7FT)BLK58 ORDER ON CASE No. 21-037 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November 4, 2021, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the property located at 94 W 13th Street, Atlantic Beach, Florida. 2. Notice of the hearing was provided by certified mail. The Respondent was not present for the hearing. 3. The Respondent was issued a stop work order on February 1, 2021 citing violation of FBC Section 105 Permit 105.1 for having a large shed installed in his yard without a permit. The Respondent spoke with the City of Atlantic Beach and stated he did not think he needed a permit because the shed was not attached to the ground. The City of Atlantic Beach explained the necessity for the permit and the procedure to obtain a permit. On November 1, 2021, a revised building permit application was received by the building department of the City of Atlantic Beach. 4. A hearing was held at the November 4, 2021, Code Enforcement meeting. 5. The City of Atlantic Beach requested this matter be deferred to the January 6, 2022, hearing calendar for the City of Atlantic Beach to review and complete the permitting process. CONCLUSIONS OF LAW 6. The Respondent was provided proper notice of the violation and hearing. The City of Atlantic Beach received a permit application November 1, 2021, and requested time to review the permit and comments. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: THAT the City of Atlantic Beach shall review the permit and any further ruling shall be deferred until the January 6, 2022, public hearing. DONE AND ORDERED THIS 24TH DAY OF NOVEMBER,2021. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE • Kimberly " . lower, Records Clerk Suzanne . Green, Special Magistrate Executed this 24th day of November 2021. PLEASE NOTE: Florida Statutes § 162.11 requires that any appeal of this order must be filed in the circuit court for Duval County within 30 days of this Order's execution. 2 ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2,and 3.Also complete A. Sig,ature item 4 if Restricted Delivery is desired. / l� •ent • Print your name and address on the reverse X / i ❑A.dressee so that we can return the card to you. B r eceived by(Printed Name) C.1. e of Deli e ■ Attach this card to the back of the mailpiece, / or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No pe.--c r- .ft v eArl S • 3. Service rvice Type / — — D3 7 ss, I -'B'F!b n Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Dk a4?*kri a 241 0 Yes 7D1•R 171n Dnnn 161 9332 PS Form 3811,July 2013 Domestic Return Receipt CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7013 1710 0002 1691 9400 vs. Property Address: 94 W 13`h Street Peter Havens Atlantic Beach, FL 32233 94 W 13th Street Atlantic Beach, Florida 32233 Respondent. CASE NUMBER: 21-037 REAL ESTATE NUMBER: 170805-0070 LEGAL DESCRIPTION: 18-34 17-2S-29E .091,ATLANTIC BEACH, FL ,SEC H,W 10FT LOT 5 (Ex N 52.7FT)BLK 58 ORDER ON CASE No.21-037 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on September 1,2022, and the Special Magistrate having heard testimony under oath,received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the Property located at 94 W 13th Street, Atlantic Beach, Florida. ("The Property"). 2. Notice of the hearing was sent certified mail on August 17, 2022, and posted on August 22, 2022 for the September 1, 2022, Code Enforcement hearing. The Respondent did not appear, but has been in contact with the City of Atlantic Beach and made application for a variance for his shed height. 3. The Respondent was cited for violation of City of Atlantic Beach Code, FBC Section 105 Permit105 for failure to obtain a permit for a new or replacement fence or wall. 4. The City of Atlantic Beach provided evidence that the Respondent did make an application for a fence permit after receipt of the notice of violation and Special Magistrate Hearing. However, the permit has expired. The last inspection by the City of Atlantic Beach stated that the inspection failed due to the shed being in excess of 12 FT. 5. The Respondent did not appear. However, he contacted the City of Atlantic Beach regarding the status of his permit. The City of Atlantic Beach stated that the Respondent is appearing before the Community Development Board on October 18, 2022 regarding his request for variance. CONCLUSIONS OF LAW 6. The City of Atlantic Beach provided proper notice to the Respondent. The Respondent was in violation, but has submitted his shed height variance to the Community Development Board. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered:, A. The matter is deferred until the November 3, 2022 Code Enforcement hearing date. DONE AND ORDERED THIS I I!J-ti DAY OF SEPTEMBER, 2022. CITY OF ATLANTIC BEACH,FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: ql/ A\/4 S/l Vanessa A• :ers, Records Clerk Suzanne W. Green, Special Magistrate Executed this I V day of SEPTEMBER, 2022. PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this Order must be filed in the circuit court for Duval County within 30 days of this Order's execution. 2 -+ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY IN Complete items 1,2,and 3.Also complete A. Signature ' item 4 if Restricted Delivery is desired. �/ / af-Agent IN Print your name and address on the reverse X /� Addressee so that we can return the card to you. B. Rec ed by(Printed Name) C.pa-of D-livery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Y=s '1. Article {Addressed ,,to: /rye + If YES,enter delivery address below: 0 No n 1LF S 111 w 13k" . . 4 -I Gt t1 c, S2rac;ti i L 3223_3 3. S9ice Type ld Certified Maih 0 Priority Mail Express'" 0 Registered 0 Return Receipt for Merchandise 2 1 _v'j.7 0 Insured Mail 0 Collect on Delivery G V 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7013 1710 0002 1691 940n (Transfer from service la PS Form 3811,July 2013 Domestic Return Receipt City of Atlantic Beach Community Development Dept. 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 http://www.coab.us Order of the Community Development Board APPLICANT: Peter Havens 94 West 13th Street Atlantic Beach, FL 32233 FILE NUMBER: ZVAR22-0014 (RE#170805-0070) PUBLIC HEARING DATE: September 20, 2022 ORDER DENYING VARIANCE The above referenced applicant requested a variance as permitted by Section 24-65, from Section 24- 151(b)(1)(1) that limits sheds to a maximum 12 feet in height. An after the fact building permit was submitted and approved at 12 feet however, it was constructed higher. On September 20, 2022 a public hearing was held and said request was considered by the City of Atlantic Beach Community Development Board (CDB). Having considered the application, supporting and documents comments from the members of the public, the Community Development Board DENIED the approval of the variance. The Community Development Board made a motion to deny the variance, the motion to deny passed with a vote of 5-0. The CDB found that the request did not meet any grounds from Section 24-65(c) of the Land Development Regulations establishing grounds for approval of a variance. Per Section 24-65(g), no further action on another application for substantially the same request (same location) on the same property shall be accepted for three hundred sixty-five (365) days from the date of the denial. Appeals of a decision of the Community Development Board may be made to the City Commission by any adversely affected person(s). Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of this Order. The appellant shall present to the City Clerk a petition duly verified, setting forth that the decision being appealed is in conflict with or in violation of Chapter 24, Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach, in whole or in part, and specifying the grounds of the conflict or violation. The petition shall be submitted to the City Commission within thirty (30) days after the filing of the appeal with the City Clerk. The undersigned certifies that the above Order of the Community Development Board is a true and correct rendition of the Order adopted by said Board as appears in the record of the Community Development Board minutes. DATED THIS 22ND DAY OF SEPTEMBER 2022. 6 - W61,11� 0�_Ikn_'j manda L. Askew Planning and Community Development Director Js LAN CODE ENFORCEMENT S CITY OF ATLANTIC BEACH, FLORIDA , NOTICE OF HEARING 10/20/2022 Case Number: 21-037 HAVENS PETER Certified Mail Return Receipt: 94 W 13TH ST 7017 0660 0000 3856 5323 ATLANTIC BEACH, FL 32233-3418 Property Address: 94 W 13TH ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 3, 2022 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 94 W 13TH ST, 18-34 17-2S-29E .091 ATLANTIC BEACH SEC H W 10FT LOT 5(EX N 52.7FT) LOT 6(EX N 52.7FT) BLK 58 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City 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. Sec. 24-151. - Accessory uses and structures. (b) Accessory uses and structures by zoning district. (1) Within all residential zoning districts. 1. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve (12) feet in height. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on your property for installation of a shed with no approved permit. An after the fact application was received on 4/14/2021 but subsequently denied due to the plans showing the height of the existing shed exceeded the 12 feet height limited prescribed by COAB code. A revised application showing a reduced height was approved and a permit was issued for that shed on 11/24/2021 but the shed was never modified to match the approved plans. The applicant applied for a variance before the Community Development Board for Page 1 of 2 the height of the shed. This case was heard at the September meeting and was deferred to November due to the variance application. The variance was considered by the CDB in October and was denied. The applicant has requested more time to renovate the shed to lower the height after new building plans have been reviewed. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. I, (-- 1 of e , hereby swear and affirm that the above statement • r nd .'cur. e. An a Iriz arr// Code Enforce ent Officer, City antic Bea ATTEST: Vanessa Angers, Records Clerk Page 2 of 2 , CODE ENFORCEMENT CITY OF ATLANTIC BEACH, FLORIDA 4111, NOTICE OF HEARING POSTED ON PROPERTY AND Nor , , ATLANTICEACH CITY HALL p DATE: \O ' 133 10/20/2022 Case Number: 21-037 HAVENS PETER Certified Mail Return Receipt: 94 W 13TH ST 7017 0660 0000 3856 5323 ATLANTIC BEACH, FL 32233-3418 Property Address: 94 W 13TH ST ATLANTIC BEACH, FL Dear Respondent: You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special Magistrate on November 3, 2022 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800 Seminole Road, to answer and be heard on the following alleged violations on the property known as 94 W 13TH ST, 18-34 17-2S-29E .091 ATLANTIC BEACH SEC H W 10FT LOT 5(EX N 52.7FT) LOT 6(EX N 52.7FT) BLK 58 Atlantic Beach, Florida. The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16. International Property Maintenance Code/City 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. Sec. 24-151. - Accessory uses and structures. (b) Accessory uses and structures by zoning district. (1) Within all residential zoning districts. 1. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and twelve(12)feet in height. Only one(1)detached storage or tool shed shall be allowed on any single residential lot, and such structures shall be a minimum distance of five (5) feet from the rear and side lot lines. STATEMENT OF CODE ENFORCEMENT OFFICER: A stop work order was posted on your property for installation of a shed with no approved permit. An after the fact application was received on 4/14/2021 but subsequently denied due to the plans showing the height of the existing shed exceeded the 12 feet height limited prescribed by COAB code. A revised application showing a reduced height was approved and a permit was issued for that shed on 11/24/2021 but the shed was never modified to match the approved plans. The applicant applied for a variance before the Community Development Board for Page 1 of 2 the height of the shed. This case was heard at the September meeting and was deferred to November due to the variance application. The variance was considered by the CDB in October and was denied. The applicant has requested more time to renovate the shed to lower the height after new building plans have been reviewed. If the violation is corrected and then recurs or if the violation was not corrected by the time specified for correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If you desire to have witnesses subpoenaed or if you have questions regarding the procedure, please contact the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be secured at your expense. ,hereby swear and affirm that the above statement n _ . d = 'curate. A • - alriza , Code Enforce ent Officer,City isikbilantic B ATTEST: Vanessa Angers, Records Clerk Page 2 of 2 V SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ®Agent l• Print your name and address on the reverse X 2,„„):74.' i----x. 0 Addressee , so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery IN Attach this card to the back of the mailpiece, , . ) 1 or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No (14 tA) 1?)+11stru.te+ y M 1 LMI-4 F=�- '1 I r L 37733.,��`,I I?, 3. Servj.oe Type QIrtertified Mail', 0 Priority Mail Express'" ❑ Registered 0 Return Receipt for Merchandise 1 —(,) ,--1 0 Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. (Transfer Number 7017 0660 0000 3856 5323 (Transfer from ser PS Form 3811,July 2013 Domestic Return Receipt CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER City of Atlantic Beach, Florida, Petitioner First Class and Certified Mail Return Receipt Requested: 7013 1710 0002 1691 9516 vs. Property Address: 94 W 13th Street Peter Havens Atlantic Beach, FL 32233 94 W 13th Street Atlantic Beach, Florida 32233 Respondent. CASE NUMBER: 21-037 REAL ESTATE NUMBER: 170805-0070 LEGAL DESCRIPTION: 18-34 17-2S-29E .091,ATLANTIC BEACH, FL, SEC H,W 10 FT LOT 5 (Ex N 52.7FT)LOT 6(EX N 52.7FT)BLK 58 ORDER ON CASE No. 21-037 THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on November 3, 2022, and the Special Magistrate having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders as follows: FINDINGS OF FACT 1. Respondent owns the Property located at 94 W 13th Street, Atlantic Beach, Florida. ("The Property"). 2. Notice of the hearing was sent certified mail on October 20, 2022. The Respondent did not appear, but has been in contact with the City of Atlantic Beach and made application for a variance for his shed height. 3. The Respondent was cited for violation of City of Atlantic Beach Code, FBC Section 105 Permit105 for failure to obtain a permit for a new or replacement fence or wall. The last inspection by the City of Atlantic Beach stated that the inspection failed due to the shed being in excess of 12 FT. 4. The City of Atlantic Beach provided evidence that the Respondent did make an application for a fence permit after receipt of the notice of violation and Special Magistrate Hearing. However, the permit had expired and the subsequent request for a variance was denied. 5. The City of Atlantic Beach agreed to extend the time frame to either come into the height compliance of 12 feet or the shed would be sold. The Respondent has been in contact with the City of Atlantic Beach and through the testimony of the City of Atlantic Beach, agreed to the extension of time or selling of the shed. CONCLUSIONS OF LAW 6. The City of Atlantic Beach provided proper notice to the Respondent. The Respondent was in violation and through testimony from the City of Atlantic Beach, agreed to come into compliance or sell the shed by the January Code Enforcement hearing date. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach, Florida it is Ordered: A. The matter is deferred until the January 19, 2023 Code Enforcement hearing date. V DONE AND ORDERED THIS - -- DAY OF NOVEMBER,2022. CITY OF ATLANTIC BEACH, FLORIDA CODE ENFORCEMENT SPECIAL MAGISTRATE ATTEST: ‘0 Vanessa Angers, Records Clerk Suzannk W. Green, Special Magistrate Executed this ZA'day of NOVEMBER, 2022. 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