click read more for appeal letter to the City from our Attorney Jane West, filed March 4, 2016
Jane West, Esq. jane@ janewestlaw.com
The Honorable Donna L. Bartle
Clerk of City Atlantic Beach City of Atlantic Beach City Hall
800 Seminole Road
Atlantic Beach, Florida 32233
March 4, 2016
via electronic mail and hand delivery
Re: Notice of Appeal of Administrative Decision 15-CVPR-241 1Gate Civil Review Approval issued 2/9/2016
Dear Clerk Bartle:
This firm represents Atlantic Beach Cares, LLC and Glenn Shuck with respect to their joint appeal of the City of Atlantic Beach's Civil Review Approval QOB ID #: 15-CVPR-241 1) of the Prosser, Inc. application submitted on behalf of Gate Petroleum Company for the development of an Automobile Service Station located at 535 and 501 Atlantic Blvd.
This appeal is being brought pursuant to Sec. 24-49, Code of Ordinances of the City of Atlantic Beach. My clients are both adversely affected persons in accordance with Sec. 24-49. The LLC's members are both local residents that are in close proximity to the proposed gas station. Glenn Shuck owns real property located at 104 Sylvan Drive, Atlantic Beach, a mere 2 parcels away from the proposed gas station.
Both clients will be adversely affected because the proposed development will increase traffic congestion, pose increased threats to citizen safety, significantly contribute to noise and light pollution, create a prominent source of visual and cultural blight, pose considerable damage to the character of the community, negatively impact existing commercial uses that are a cornerstone to the fabric of Atlantic Beach, contravene the City of Atlantic Beach's Mission and overall negatively impact property values. As such, the City's approval of the gas station violates Policies A.1.3 and A.1.11.1of the Atlantic Beach Charter; Sections 24-2(a), 24-171 and 24-lll(b) of the City's Land Development Regulations.
Pursuant to Sec. 24-49, my clients hereby request that the merits of this appeal be heard at a public hearing within a reasonable period of time with proper public notice as well as due notice to interested parties. Upon receipt of this notice of appeal, please transmit the record upon which the approval was based to the city commission together with a copy of this notice. In addition, please provide me with a copy of whatever record you transmit to the City Commission.
As a procedural matter, Sec. 24-49 of your Code contains a flawed and/or ambiguous term. Your Code's appellate process for review of administrative decisions identifies an entity that currently does not formally exist at the City. The role of "Community Development Director" is not a position that is currently occupied by anyone at the City. For purposes of this appeal, I will assume that Jeremy Hubsch, who holds the title of "Building and Zoning Director" is one in the same as the "Community Development Director" identified in your Code. If for some reason, this assumption is misplaced, please provide written clarification.
Enclosed herein please find a check in the amount of $50.00 as the filing fee for this appeal. Thank you.
cc: Jeremy Hubsch, Building and Zoning Director
6277 AlA South, St Augustine, Florida 904.671.0505