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Home My WebLink AboutCE 2014-050City of Cape Canaveral ommunity & Economic Development Department NOTICE OF COMPLIANCE Virginia D Eberwein,'trustee 6t Elizabeth W. Eberwein, ET Al P.O. Box 477 Cape Canaveral, FL 32920 CASE NO: 2014-00050 LOCATION OF VIOLATION: 6811 N Atlantic Avenue, Cape Canaveral, FL 32920 PI: 24-37-23-00-00510.1-0000.00 RESPONDENT(S): Eberwein, Trustees, Your property was found in compliance on June 24, 2014, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-31, The Florida Building Code Adopted; The Florida Building Code 2007 edition. FLBC 105.1 Required Pennit(s); FLBC 109.1 General Inspection(s); Section 110-27, (b); Authority; Sec. 110-334 (C) (8) - Special exceptions permissible by board of adjustment. * Note: Merchandise "may nof' be displayed outside of the approved display area as described in your Special Exception #12-01. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222 LWe Sincer Alexander, Code Enforcement Officer C: David Lane, Business Owners 7510 N. Atlantic Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 w .cityofcapecanaveral.org • email: info@cityofcapecanaverel.org Ak- CITY OF CAPE CANAVERAL CODE ENFORCEMENT CASE FILE WORK SHEET ADDRESS: (DR11 City of Cape Canaveral Community & Economic Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2014-00050 A Florida Municipal Corporation, Date: 6/10/14 Complainant, V. Owners of the property located at: 6811 N Atlantic Avenue, Cape Canaveral, FL 32920 Respondent(s): AIA Beach Rentals, LLC C/O Daniel B. Pattillo Virginia D. Eberwein Trustee & Elizabeth W Eberwein, ET AL PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below istare to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITFHN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 6811 N Atlantic Avenue, Cape Canaveral, FL 32920 2. Name and address of owner(s) of property where violation(s) exist: AIA Beach Rentals, LLC & Virginia D Eberwein, Trustee Elizabeth W Eberwein, ET AL C/O Daniel B Pattillo R. A P.O. Box 477 6811 N Atlantic Avenue Cape Canaveral, FL 32920 Cape Canaveral, FL 32920 7510 N. Adantic Avenue a Pon Office Box 326 a Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 a Fax: (321) 868-1247 w ..dtyokapecanawral.org a email: info@cityokapemnaveral.org 2014-00050 Page 2 Numerous site visits have revealed continued violations of the conditions of your granted Special Exception No. 12-01, to allow outdoor display of the Rental Equipment and the Kayak Trailer. On numerous occasions staff has requested that you cease the display of the rental equipment outside of the allowable display area. You are in violation of condition 1, 2, and 4, of your granted Special Exception approved pursuant to Section 110-334 (c) (b) for retail establishments to display merchandise outdoors. 3. Description of Violation(s) at property: Section 110-27, (b); Authority The respective board rendering final decisions may impose reasonable conditions and safeguards on any approved rezoning, variance, special exception or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan. Such conditions and safeguards, when made part of the terms under which the rezoning, variance, special exception, or administrative appeal is granted, have the same force and effect as any other provision of this Code, and violation of same shall be deemed to be a violation of this Code and punishable by this Code. All final permits issued under this chapter may be temporarily suspended or absolutely revoked by majority vote of the board that rendered the final decision if the board later determines at a public hearing that either: (2) The applicant has committed substantial violations of the terms and conditions of any final permit; Sec. 110-334 (C) (8) - Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions, which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. Your Special Exception was granted by the Board of Adjustment with the following conditions and safeguards: 1. The display area shall be limited to 446 sq. feet in total area; 2. The display area shall be in substantial accordance with the site plan presented that depicts the location of the display areas; 3. Display shall be limited to beach rental equipment to include: surfboards, paddle boards, bicycles, canoes, kayaks, and (1) canoe/kayak trailer; and 4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. 2014-00050 Page 3 You have continually violated conditions (1), by placing the rental equipment near the sidewalk area; and (4), by not bringing all rental equipment into the buildings after operating hours. City of Cape Canaveral Code of Ordinances: Section 94-76, Temporary on-premises signs, (a) Temporary on-premises signs shall be permitted under the following conditions: (11) If the temporary sign is promoting products or services available on the premises, the sign may only be displayed during the normal business hours of the business located on the premises. Staff has observed the signage being displayed during non -business hours. 5. Recommendation(s) to correct the violation(s) described above: • Comply with the conditions as set forth by the Board Adjustment for the display of your rental equipment as stated above, and as depicted by the attached site plan showing the allowed display areas. • All temporary signage must be in compliance with the Section 94-76, (11), as stated above. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. k• e Alexand '_l�Q Code Enforcement Officer NOTIFICATION SUMMARY CASE NO 2014-00050 NOTICE OF VIOLATION 6/10/14 Dostal Service,. TIFIFD MAIL.., RECEIF (Domestic man umy; r+a msuranao bo.er.yc.•••-•••==i For delNery IMormatlon vlcir our wabib et www.uspa.com. S s t` Postage S•.4,e,- Grouted FSO R-eet Fee rUN 1°q�ma 0 fleWm (BX tamenr Required) . ED (EM neenees RequlrN) o gv� N —Virg—in-1—a-67—Eberwein, Trustee Elizabeth W Eberwein, ET AL ru c t P.O. Box 477 1- / Cape Canaveral, FL 32920 Nod I N -So ■ Complete Items 1, 2, and 3. Also complete fterrA if ReRhf fed Dellyery Is desired. ■ print your name and address on the reverse so that we Gen return the Gerd to you ■ Attach this card to the back of the mahPlece, or on the front if space Permits. 1. Mlcle Addressed to: Virginia D. Eberwein,Trustee Elizabeth W Eberwein, ET AL P.O. Box 477 Cape Canaveral, FL 32920 0. SI9 8, ❑ Agent X L ❑ Add. B. gqqq��vetl �nbd Nemo) 047:- M li f[ 02 D. IsdeS.set ,dresesr address nLT EI W If yES,eM-delivery atldrese below. �No Maire Lt PnorRy Melt Exprese' ❑ &ReturnReceiptfor lAedmO- 0. Reetrkbtl D.IWM? Pose Fee) Cl Ne 2. AniGie Numb- 7012 2210 0001 9744 8152 irrarlel-"arnica kbel, PS Form 3811, July 2010 ppmpppeRetum� NOTIFICATION SU AMARY CASE NO 201440050 NOTICE OF VIOL MON 6/10/14 U.S. Postal Service.M CERTIFIED MAIL. RECEIPT (Domestic Mall Onty. No Inaaranee Coverage Prov/d . For dellvery Information Nslt our weEslte at www.usps.com i � tactlan Detail by Entity Name Report Year Filed Date 2012 01/0712012 2013 04/12/2013 Document lmaaes Page 2 of 2 09/03/2013 — CORLCMMRES View image in PDF fomtat 04/12/2013—ANNUAL REPORT View image in PDF Tommi 01/07/2012—ANNUAL REPORT View image in PDF fomtat 08/29/2011 — Ronde Limited Liability View image in PDF format Covv a,h B and Pr vxav Po'oes SrotP or Fmrloa. oePaRmmt or Stas http://search.sunbiz.org/Inquiry/CorpomtionSearch/SearchResultDcW VEntityName/flal-11... 6/10/2014 2014/0 215:34 Manatee & Dcl hir Tours Here M^ K yak or Boat //A -RSFi S pie ri F'S"eS A�PC'G: 's?E:cR rY: S iie b � R1 one swy C.B.S. S t a to R o a d A•t A IxrJ W tl0 19�rx I roDflyn N CYi� eNrwwn rxr rxn'ax[ lar s FREDLUND and PACKARD Inc. VIRGINIA EBOWEIN engineers -land surveyors • MV Rp,m WM cM tlxfuLPD avrNU[ Fbx nplfx xiWl.J�rYiMOf 1, Yo Fp1 ))u [COOL. !CHID] 15051 6M.W* Ri LYYx FIIEMr rll] yFLiEW pRa/L/� - -.y' r xlxlwM I! Yi xMix LMIb 61Lllrtr /iVn) ` Y -YT IYYI[0 Di LOCIW !YM M VW ]WV5itl0. Grass }parking pzs-play = Arcgs not' drill -041 I 4v rill-04- av se,4e, Display Areas he+ 0 err aec 446 SIF lD G I N. Kl--I lant"t c. Ave_. r^ SpeL7.l Excepti;9 on %ue5{ a-01 City of Cape Canaveral, Florida Planning and Zoning Board March 28, 2012 STAFF REPORT Request: For a Special Exception to allow for the outdoor display of beach rental equipment at 6811 No. Atlantic Av. per Section 110-334(c)(8). Applicant Daniel Pattillo Owner of property: Virginia Eberwein Subject property: 6811 No. Atlantic Avenue; building also houses the Bald Strawberry and Flip Flop Pool and Spa Supplies. Future Land Use and Zoning designation: C-1, Commercial Surrounding zoning: North — C-1, Commercial East — Brevard County Commercial Zoning South — C-1, Commercial West — C-2, Commercial Surrounding uses: North and West—Cocoa Palms Mobile Home Park East — Yogis Food and Liquor Store South — Dollar and Thrifty Car Rental Summary The applicant has leased space at 6811 Atlantic (SR A1A) and is conducting a beach equipment rental business. The applicant is requesting a Special Exception for outdoor display. The ability to display "out of doors" the equipment available for rental is a vital part of marketing a business of this nature. Outdoor display for retail stores in C-1 Commercial Zoning District is allowed pursuant to a Special Exception. Section 110.334(c)(8): Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be considered the same as the floor area for the purpose of calculating oHstreet parking, setbacks, and lot coverage. The tenant space of 1338 square feet times 1/3 = 441 sf of outdoor display area. The location of the outdoor display area is depicted on the attached site plan. All rental Approved with the following additional conditions and safeguards imposed by the Board: The display area shall be limited to 406 sq. ft. In total area; The display area shall be in substantial accordance with the site plan presented that depicts the location of the display areas; Display shall be limited ad beach rental equipment to include: surfboards, paddle boards, bkycles, carves, kayaks, and (S) came/annik trailer; and All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. Denied for the following reasons: IX. Pursuant to Section 110-33, Cape Camaveral Code, any parry aggrieved by any final decision of the Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such appeal must be filed with the City Manager within ten (10) calendar days of the date of the Board of Adjustment's final decision. The City Manager shall schedulethe appeal forthe nett regular City Council meeting. The City Council shall hear and consider the appeal de novo and consider evidence and testimony ofany interested party. The Council shall have the right to eider affirm or reverse, in whole or in part, the decisions of the Board ofAdj=mcnt. The City Council's decision shall be final and subject to appeal to a Coun of Competent Jurisdiction. FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF ADJUSTMENT TO THE CITY COUNCIL Wrraw TEN (III) CALENDAR DAYS SHALL BE DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL, A copy of a Notice of Appeal form is attached to this order. Done and Ordered this the J- l day of yam' gf 20� Attest: -I Chairman Aa MO✓� RecoMing Secretary Board of Adjustment Special Exception Order Pase 4 of4 Detail by Entity Name Detail by Entity Name Florida Limited Liability, Comoan AIA BEACH RENTALS LLC Filina Information Document Number L11000098842 FEl/EIN Number 383850194 Date Filed 08/29/2011 State FL Status ACTIVE Effective Date 0829/2011 6811 North Atlantic Ave suite c cape canaveral, FL 32920 Changed: 0411212013 6811 North Atlantic Ave suite c cape Canaveral, FL 32920 Changed: 0411212013 PATTILLO, DANIEL Bl "S t+tt- 1218POTOMACDRIVE 4 Q1sif l.opI y MERRITT ISLAND, FL 32952 ,J r10 y 0 Authorized Person(s) Detail �µf.-"tss Name & Address Title MGRM LANE, DAVID 6811 North Atlantic Ave I2 -/J suite c cape canaveral, FL 32920 Page 1 of 2 http:Hsearch.sunbiz.org/Inquiry/CorpomtionSearch/SearchResultDetaillEntityName/flal-I1... 6/10/2014 Rocky Randels From: davidvlane@hotmail.com on behalf of David Lane <contact@alafunrentals.com> Sent: Monday, June 02, 2014 1:19 PM To: Rocky Randels Subject: Cape Canaveral Merchant for years Mr. Mayor: I have been a Cape Canaveral merchant for 3 years and have yet to meet your acquaintance or see you visit my shop. I expect this to be remedied very soon. You are invited to stop in as soon as you are free. Good day. David Lane AlA Beach Rentals 6811 N Atlantic Ave., Suite C Cape Canaveral, FI 32920 321-505-7455 shop phone 321-403-3793 cell website: www.alafunrentals.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Duree Alexander From: Ronald FRIEDMAN <rfriedman999@bellsouth.net> Sent: Friday, May 23, 2014 5:19 PM To: Duree Alexander Subject: City Codes FYI, the bicycle/kayak rental place had their bikes out near the sidewalk today (Friday), but no sense citing them ..... since the Radisson has been parking buses, cars, pick up trucks, and even a limo EVERY DAY on the grass along W. Centralfor the past 19 days, with some of the vehicles even parked on the grass overnight. So if "stafr' says that the Radisson's action are regular or often enough, then the bike/kayak rental place shouldn't be cited. oh ... I forgot -the bike/rental place is just a small business person, whereas the Radisson is a BIG business owned by a local bigwig. Ron Friedman Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Duree Alexander From: Ronald FRIEDMAN <rfriedman999@bellsouth.net, Sent: Monday, May 12, 2014 9:53 AM To: Duree Alexander Subject: City Codes Good morning Duree, 1. The bicycle/kayak rental place next to the pool supply place has started putting bikes and kayaks out front almost to the sidewalk. 2. 1 never heard back about Beachwave having a display more than 15' from the door 3. The Radisson has started parking cars, pickups, and buses on the grass on both W Central and Thurm. Ron Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing