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Magistrate defers action on unpermitted tree, gives owners time to appeal and September deadline for shed
Summary
For property at 1890 Live Oak Lane, the magistrate deferred a final determination on a disputed magnolia removal to allow appeal to the Tree subcommittee, and set a Sept. 30 deadline for removing or addressing an unpermitted shed; staff explained mitigation could total $22,500 under current calculations.
At a hearing in Atlantic Beach, staff presented two code violations for the property at 1890 Live Oak Lane: an unpermitted tree removal (including a magnolia stump measured at 35.5 inches) and an unpermitted shed located inside the required five-foot rear setback. Staff described the mitigation calculation for the unpermitted tree removal as double mitigation at $150 per inch, which staff said totaled 150 inches and $22,500.
Property owners Genevieve and Robert Covington told the magistrate they purchased the home with the shed already in place and that the magnolia and an adjacent palm presented safety risks after past storms. They presented two arborist reports from the same certified arborist and asked the magistrate to consider the tree hazardous. The owners said they had planned to replace the shed only when they were financially able and asked for time to comply.
Abrielle Jeunesse of the Planning and Community Development Department explained the owners’ path to challenge staff’s interpretation: the Tree subcommittee of the Environmental Stewardship Committee can review whether the arborist reports and the facts qualify the tree as a safety hazard, and if the subcommittee finds the tree is a safety hazard under code, mitigation could be waived. Jeunesse advised the owners how to file the appeal so they could be heard by the subcommittee.
Magistrate ruling: The magistrate deferred a final enforcement decision on the magnolia so the owners could pursue an appeal to the Tree subcommittee and set a deadline of Sept. 30 for the owners to remove or bring the shed into compliance, with the possibility of a November 6 follow-up hearing if needed. Staff agreed to those timeframes and advised owners to initiate appeal paperwork within 30 days.
Next steps: Owners were instructed to file an appeal if they seek review by the Tree subcommittee and to begin arranging shed removal or variance/permit processes to meet the Sept. 30 schedule. Staff said that if the subcommittee finds staff interpreted the arborist letters incorrectly, it can declare the tree a safety hazard and recommend no mitigation.
The magistrate recorded the deferred action and set return dates to track compliance and any appeal outcomes.
