Friday, July 5, 2013
The Unchartered Waters of the Absurd
Thursday evening a couple of friends both had the same idea: If the use of concrete is what defines a permanent structure just remove the concrete. It seemed to be a fairly obvious solution. So I e mailed Mike Jones and Mike Griffin and 1) apologized for confusing the situation in the beginning by using the words pergola and trellis interchangeable (pergolas require a permit and trellises do not). 2) informed both of them that I would remove the concrete so that I had nothing permanent by the sidewalk 3) emphasized the fact that I am trying very hard to live with the city codes (at least the ones I actually know), Finishing with "this should resolve the issue". Famous last words. Mike Griffin informed me at 8:30 Friday morning that my trellis was NOT a permanent structure. It was however "a tent or canopy and allowed ONLY for a maximum of four days". The jump from "permanent structure" to "tent or canopy" was bizarre; unchartered waters of the absurd. Having thought the problem was resolved and finding this goodie in my e mail, I was painfully aware of two things: 1) There would never be enough permit applications to go through with this. Clearly, the city wasn't interested in solving the problem and giving me a trellis. If a solution was desired by the powers by that be, I wouldn't have an e mail about tents. and 2) At least ONE someone was going through an awful lot of trouble with the city code to find any and every reason to deny the trellis. Calling a plant trellis a tent is a stretch....but I was stuck working with what I had. So I e mailed all elected officials in Atlantic Beach to come to my house that afternoon to look at the trellis and discuss whether or not the city should be using city codes to harass and disenfranchise gardeners when I am surrounded by developers (literally three construction sites) who violate our city codes every day costing us thousands. Carolyn Woods actually came and we discussed everything. Jonathan Daughtery e mailed me that he had a meeting and did not offer to reschedule. Maria Mark and I played e mail tag and by the time we made plans, the final blow had been given. I didn't hear from Mark Breckenbraugh or the outgoing mayor Mike Bono. Carolyn agreed to talk to Mike Griffin and sort things out. I heard from Carolyn Tuesday and it was not good news. Mr. Griffin consulted with the City Manager, Jim Hansen, and he found a little piece of city code that says "Plant structures are not fences but shall be regulated as such". This little bit means 1) I did NOT need a permit and 2) My trellis can't be taller than four feet. So if I have raised gardens that are three feet high to go easy on my back, there is a chance that I am only allowed a one foot trellis. Not wanting another fight with the city, I'm working on some alternative gardening scenarios. None of them will be as attractive as what I had planned but laws are laws and they MUST be obeyed. So guest and delivery folks are forever doomed to walk up to my fence and have no idea where the entrance is because it is illegal to have an arbor in my city. My husband spent part of his Independence Day celebration removing my garden trellis.
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Sadly none of this surprises me. We seem to have plenty of time, resources (including police and in my case the CHIEF of police) to harass, intimidate, frustrate, threaten and in general make life hellish for citizens. Sure this kind of thing is not isolated to Atlantic Beach but whatever you want to call it, Atlantic Beach has a case of not very friendly and in general misuse of power operating in our small town.
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