Opinion
By Sandy Kerry
03-02-24
The proposed annexation of 766 Kenneth Ct has been riddled with problems and errors throughout the 15 month period when first submitted to the city on 11/2/22 and then for some unknown reason never acted upon. In fact emails between the city and agent for the property owner clearly show the intent was for it to be first heard at the Dec 14, 2022 PAB meeting, but it was not. It did not surface again until its scheduling at the August 9, 2023 PAB meeting, only to again be pulled from the agenda without explanation or notice.
A judge has ruled that LDC 1.03.05 means exactly what it says. Why then can the city not seem to grasp that or follow it? Because to do so would alter their plan to amend that very portion of the LDC which would allow greater density. This is why the city is seeking to amend this under the guise of “clarification”. Of course, they are appealing this judge’s ruling with your city tax dollars.
LDC 1.03.05 is very clear and anyone reading it can understand it. It states:
LDC 1.03.05 Construction or Demolition of Structures on Combined Lots
Wherever there may exist a single-family detached residential unit or, a duplex structure or any auxiliary building or structure … or any other improvement which was heretofore constructed on property containing one or more platted lots or portions thereof (excluding walls or fences), such lots thereafter constitute one building site and must be considered the “lot of record”, and no permit will be issued for the construction of more than one residential dwelling unit on the site.
766 Kenneth Ct had a prior home that crossed over 2 of the 3 lots on the site which the property owner had demolished and without following Nassau County procedure requiring pre & post inspections. This demolition does NOT negate LDC 1.03.05 which clearly includes a prior home on the property.
Just because the city disagrees or has a different interpretation, does not mean that it is not still in effect. It is the law. To follow and apply LDC 103.05 would actually mean that this annexation of 3 lots would only allow 2 homes to be built and only IF a variance is given by the BOA. Under Nassau County code with the 3 existing lots, 3 homes could be built. But the city planning staff have ignored this fact. Instead their recommendation to the city commission was to allow 4 homes rather than the 6 the property owner has requested. Sounds better doesn’t it? But in actuality only 2 homes could be built because of the underlying lot of record.
It should be noted here that the property owner also tried to subdivide the property in the county into 6 parcels improperly and was forced by the county to return it to its original plat of 3 lots to bring it into compliance. The city attorney in a letter to the city planner claims she was notified of this by the county just days prior to the PAB public hearing scheduled August 9, 2023. Yet this annexation was listed on the agenda and the meeting was never canceled, nor was prior notice given to the public that the annexation item had been pulled from the agenda. That’s because it never was! The agenda showed the Kenneth Ct annexation still on it and people showed up to speak, only to be told at the meeting that it was not being considered and had been pulled from the agenda. This is clearly a violation of due notice requirements for public hearings. In fact, one of the adversely affected parties, Vanezza Stubbs, when inquiring by phone about the status of this same meeting, was actually told by a city planner that the the annexation had been “pulled” from the agenda and so she did not attend. Yet there was in fact discussion about it at this meeting, though of course no action was taken by PAB. All this took place just 4 months prior to the 12/13/23 PAB meeting when it was again put back on the agenda. How could any citizen expect to follow this on and off again trail of notices (or lack thereof) for this annexation?
I urge all residents, both city and county, to attend the City Commission Meeting on this annexation next Tuesday March 5 at 6pm. Let your voices be heard: enough is enough! This is one island and we need to come together to save it from overdevelopment.
Sandy Kerry
Resident of Amelia Island
The views expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal Florida
