##VIDEO ID:-PnFPaH07lM## well the west side of course front side west side beautiful Breeze of two we got the five is right there trees trees had got three number three hello what you do about that I track we got some s glue like we probably haven't used that much glue 20 years Sur for [Music] for for for for for for good afternoon um I'm Branda Duron I'm the serving a special magistrate for the city of Jacksonville Beach um and we're here on the U hearing on case number 24224 um the purpose and function of the Jacksonville Beach special magistrate heing in accordance with Florida Statutes chapter 162 and the City of Jacksonville Beach code of ordinances is to reach an equitable expedition to enforce the codes the city presents the violation and evidence to the special magistrate next the property owner is sworn in in response to the violation EV both the city and the property owner may call witnesses to provide scorn testimony relevant to the case this is a quasi judicial hearing not a public for individuals not called as sworn witnesses will not be heard thank you very much um at this time um we you will open up 24-22 and any people that are going to speaking on this i' like you to please raise your hand do you swear or affirm that the testimony you're about to give this matter is the truth the whole truth and nothing but the truth to help you God yes please take your name position Nikki bie cille Beach code enforcement ahead all right um good afternoon this is for number 24224 um for Stanley R Stanford LLC doing business as Champion cycling Incorporated um the property is located at 13033 Street North Jacksonville Beach B 32250 um the violation that the property owner was cited for was out outdoor display of merchandise um and sales the case was started back in June of 2024 um to today the property remains in violation um as you can see in exhibit a these are pictures of the bicycles um that the business that's where they're in business for bicycles sales rentals um as you can on these bicycles these have the company name on the cup holders also here is another picture of that rack this is another rack um I was told that these bicycles were customer repairs but I've seen these same bikes there for quite some time now it's another picture from August 13 um these are ebikes that are located on this sidewalk this was taken today as you can see um the violation remains of the same bikes just thank you if you would just describe the um the uh Provisions in the code that this is in violation yes the city does not allow outdoor um display of any type of merchandise um that the business Sals or rents um as stated in section 34 342b C and D um for permitted accessory and conditional uses only the use of outo outside display and sales of merchandise is not listed as a use in the C1 zoning District also under Section 34- 3116 other Land Development code States exclusive exclusivity of uses in zoning districts the permitted uses and conditional uses in the zoning districts established in article 7 zoning districts are exclusive and shall be permitted subject to the standards and procedures of the Land Development code sent um a couple of violation notices I've also spoken to employees there and explained to them um in regards to what the violation was um the response I got is that they have been doing this for over 20 years um if when we went back and looked at the um Google Maps it went as far back to maybe 2019 we saw a couple of times around 2015 and 2017 but um we didn't see where they had been allowed to um have the merchandise outside for the past 20 years and could you also tell me whether there's been any prior um warnings warning letters or notices of violation yes the violation notices were sent out um like I said they had ample notices and I've also spoken to them verbally okay thank you I me pre prior to this uh beginning in June no okay and so what you're saying is that it appears to you that they may've been in business there since 2015 um we went as far back to 2015 just to see was any type of outdoor display of the merchandise um so sporadically through each year there was either one rack with a small amount of bites it didn't increase until 2019 um other question I have right now is uh where in relation to Third Street are the racks located they are actually in a parking space they're in a parking space correct on on the property on the proper okay yes yes as you can see right here and do they oh yes I see that and do they face um does that face Third Street or is that on a corner this is the one of the last parking spaces in the front of the building and the front is faces Third Street correct okay okay are there others on on side of the building no this is the only location here and on the sidewalk also in the front of the building okay so that's the same building yes okay so they're on the sidewalk and in the parking spaces yes and these are your require parking spaces okay I don't have any other questions at this time um is there are there other people to speak in regards to this issue okay please come forward and for for the record please St your name pH please raise your right hand do you swear or affirm that the testimony about to given this matter is the truth the whole truth and nothing but the truth so help you on I do please say your name and address Philip J Foreman 12458 cach Drive Jacksonville Florida 32223 will you be speaking also yes okay please raise your right hand do you swear or affirm that the testimony about to give this matter is the truth the whole truth and nothing but the truth so help you out I do please state your name and address Brian corri uh reside at 13584 parara Drive Jacksonville Florida 32225 thank you could you please um let us know what your position in regards to the um notice of violation okay so um we opened that business in 1985 and in 2007 the prior owner sold the business to Brian and I and we've operated it since then turn key operation there was sorry there was no change any in the business at the time we've been operating in this fashion for that duration where we've been putting bikes outside the primary use of the bikes outside are the service work for the customers who brought their bikes in for repair we do have rental bikes stored outside which are the ones in the picture with our names on them those are your rental bikal bikes so you're saying that the that are out front are either bicycles you're working on yes correct or their rental bikes yes and why do you think that that is acceptable well we've done it now for over 30 years and it hasn't been a problem why is it now a problem well to the city they have a provision that doesn't allow for this only the uses that are listed under I believe it's C1 Z is that right yes correct so is that zone recently changed no no this has been a on what's the word I want to use this has always been part of the city ordinance it was just not enforced and why is it now being selectively enforced um it's not being selectively enforced so what happens is once a violation has occurred and you have one person excited for something they will go around the city and say what about this person what about that person so now we have to take a deeper look into to see how many people are actually in violation of this actual ordinance so it was not selectively enforced everyone throughout the city of Jacksonville that had any type of outdoor display of their merchandise or sales were also cited they came into compliance um you guys have been given the same um time and opportunity to come in compliance and have failed to do so that's why we're here today okay it just seems that for 30 years no one complain and now it's an issue I do understand you have rules but um you know again for 30 plus years there hasn't been a problem with how we've been conducting our business I understand that you know we don't have anything for sale out there there it's service work and it is a bicycle rack where you put a bicycle rack in so I mean the guys across the street you know the tire store their their service work is outside in the parking lot no were actually cited as well for their time where did you put your service work at at of business um I've taken pictures and I explained to you guys before there were where there were bicycles that actually had price tags on them so you you were putting out merchandise that was for sale these bikes that you're seeing are for repairs there was I didn't observe customer names saying that were repairs pickup dates so these bicycles being picked up cuz I was told that you don't have enough space in the inside once you put them in at night that you don't have the space to keep them inside and my suggestion was for you guys to either get a storage place to keep your bikes but you won't be able to keep them outside okay so that's not true every bicycle out there has a customer's name and number in contact and the you know the information of what we're doing to those bikes none of those bikes out there had price tags on them it's all service work but but you also heard Miss fever say that the city considers it to be a violation even if they are service bikes because they're still outdoor display and again it's a b bicycle rack I have customers that ride up it's more than a bicycle rack it's the bicycle rack is full of bicycles it's we're a successful business for for 30 years you know how many repairs I did this week just at that one store just this week I did over 100 repairs some of them we obviously half of them we do them on the spot because we have to do them on the spot because we have no space for them so in my average customer but I'm not sure that the fact that you don't have space is means that you don't have to comply with of the Land Development code you know we maybe there's some other way for you to provide this space okay um the automobile repair shop across the street is that the same zoning as we are I have to ask repair shs are not does not fall they can keep Vehicles outside it's actual okay so up in the State of Florida bicycle is a vehicle it's not a motorized in the State of Florida because that is why also salano that sell motorcycles they were I asked a question and I was told by my director who interprets the code because they are motorized vehicles they can keep those Vehicles outside bicycles or not you guys are a bicycle shop so the you're you're talking about Solano scooters correct I was just by there three days ago and they had seven scooters that had price tax on they are motorized vehicles that's what I just explained that I before they were cited I got clarification from our director in planning and zoning and was told that because those are motorcy motorized vehicles they did not fall up under this ordinance so a vehicle whether it's pedal powered or motor or motor operated two different Vehicles based on what the code and what the director explained to me and interpreted to me there is a difference between a bicycle and a motor motorized vehicle I find that hard to believe um because under the state laws a bicycle is recognized as a vehicle the city has their own ordinance as well so as far as having a bicycle rack for my customers when they visit the store to spend money and help me make a living what do you just my customer put the bicycle well you can have one rack one rack and why just one rack okay because if there's a customer that is coming up and each time that I have came even today I did not see this many customers all the customers that I saw came in a vehicle or they had a trailer that they brought their bikes onto a trailer or the back of their pickup trucks to bring the bikes in for service so didn't see each time I've never seen these customers these bikes are all also connected by a c we don't fix the bike on the spot they have to leave it I have 37 bikes that I have to repair in the next two days okay but you just asked if your customer was to come where they to park their bike these bikes are all connected by actual wire cable this isn't a custom this isn't a customer that just can't for service or to shop these are bikes that are actually being kept and brought out every single morning and I think one day I came and you guys were bringing all the bikes out and putting them in the R so these were not B at night okay but you just said when your customers come where are they to park none of these were customers you guys were bringing every single one of these bikes out and putting them in the bike rack and you took that photo today this picture was taken today okay what time was that this was at 11:30 and a customer was actually there with a bike on the back of a trailer correct to bring in okay so it sounds to me like it's a storage issue storage for the bikes that you rent storage for the bikes that can repair um that's a common problem for all kinds of commercial Ventures that they need to um they don't have enough space inside their store and so they start spreading outside and that is why um you know we have Provisions in the Land Development code that outside storage is very limited uh or display of of merchandise and so you know it's um seems to me that the issue is really storage there you know I know for instance that the Home Depot has outside display but they obtain that through a resoning of their property I for p it's called a PUD and in that PUD they're specifically authorized to have a limited amount of or certain amount I should say certain amount of outdoor storage um it's also my understanding although it's noted by that there are there is a provision in the Land Development code that also allows business to apply for um a limited number of times for outdoor display during certain times of the year six times a year that's another option but issue surrounding storage is not particular to you it is an issue that affects every business and um you know the code is very specific that only those uses that are listed in the particular zoning District that you're in only those uses are the ones that are permitted um or if you came to get a conditional use it's not it's not a conditional use that's listed either um I'm looking at the picture is apparent to me that these are not from the photographs that these are not all bicycles that are customers coming up riding their bike to your store to come inside I understand that but those bikes are customers repairs ma'am you're h we do a tremendous amount of retail or ret I'm sorry rent not rental but repair business we have a huge flow of obviously everybody rides bikes at the beach like I said I have probably by now because I've been here for an hour I guarantee you that I have six or eight more repairs and we do the bikes obviously in a cube so they have to leave the bike for a day or two those bikes right there on the right there the mass majority of those bikes they have not been in my shop for more than 7 to 10 days now once I do the repair it's amazing how many customers go when can I get my bike back when can I get my bike back as quick as we can get it but yes we do have some customers that say hey I'll come pick it up tomorrow and they don't show up for three or four or five days you know so that's why we're there we don't put super expensive you know we sell three four five multi th000 bikes those repairs I don't leave outside I've worked there for 30 years probably six or eight times in the last 15 years and we we throw a cable through them because of the homeless and I've had probably 25 bikes stolen out of that rack with the cable cut in the middle of the day that's what it's gotten to so I don't leave you know $1,000 $2,000 bikes outside at all those of course we bring them in at night and my stores 2100 ft and it's completely packed with repairs and and we do have customers that we know when we get a week behind we just get their name and number and say you know we'll call you when we know we can get to your bike in a day or two but I don't have any place to put your bike well I I do think that the way that I see it is that it is an issue of storage and it's the code doesn't allow you to store these bicycles Outdoors so um I'm going to um what is your recommendation for Miss beers for time to come into compliance okay so before I state that I want to um give a little bit more info about the six events so if there is um a time when they want to have an event they can apply with the planning and zoning department for for a tent event and that's for sales that's for any rentals that you know they want to advertise if they have rental bikes that they can apply six times a year with the um City to have a tent event for up to three days each six times up to three three days each time correct outside of that they would have to find other storage inside or in a storage unit for the bikes that they are repairing are there any um what about some additional storage on site are there any options under the code that would have to be with the planning department as far as like if they got a pod or something like that they would have to find out through our department if that is permissible correct because normally when we have pods the pods that people have are limited to 30 days um they are allowed to have a b one bicycle rack available for customers only that are riding up to their shop on a bicycle to have a place to park um that's also what we've told any other bike shop that is here in Jacksonville Beach they are allowed to take up that one parking space with one bicycle rack and that's for customers only to have a place to park their bike if they're coming for shop or to question about repairs so okay so um obviously these bikes or you tell me all these bikes are look the same are they those are those are rental bikes yes your onor the black are the men's and the the what about these those are all repairs go back to no those are rental bikes those are also rental bikes those are the rental bikes the next photo those are all repair bikes Flats Broken chains not ridable those are and those are all those are all broken ebikes those are broken those are customers ebikes that are that need repair and you notice we don't we don't allow them you know if it's a brand ebike that we do not sell liability wise our insurance company doesn't allow us to store you know uh off brand ebikes because batteries have been known to catch on fire and again you know sometimes I can't fix the bike on the spot it takes a day or two so we make the customer take the battery so during business hours we store the bike and this they're locked up and if you had a close enough here you can see you know those those flats and wires h off of them and you know again those are they're not Champion not for retail sale those are repair bikes so as I've said I'm going to rule in favor of the city and find that it is a violation of the Cod um it is apparent to me that it's a storage issue and I would encourage you to start exploring ways increase the space that you have available for storage other than in front of your store um you know so I'm G to go back to miss leers um do you have a recommendation for time for them to identify some storage and to come into compliance because there will be an order that says that you need to be in compliance within a certain number of days and um and if that's not the case you'll be back in front of me and at that point you there'll be some violation CLI assessed so is there is there a recommendation on the part of the city yes my recommendation would be 15 days to find additional storage after the 15 days for each day that the bikes are observed it would be a $250 per day may I ask a question yes you may I'm referring back to the salano cycles and their ebikes are we allowed to park a customer's repair that is an ebike outside I'm going to ask Miss if there's a distinction between eike storage outoors versus a non mized bicycle I would say that they would still have to keep those bikes store they're storing them overnight when the out when they're closed after hours so apparently there is no safety issue concerns if they're keeping them inside overnight after hours okay so his question was can he keep the ebikes outside repair bikes yes bikes your business outs and my answer was no you cannot not if you're still keeping those bikes inside after hours and you're Clos and you're keeping them inside what is the difference between you keeping them inside after hours and keeping them inside during business hours to have more retail space so again that that goes back to there is a storage issue for the business that the city has nothing to do with in regards to okay where you keeping your clarify the motorized ebike it's not gas powered as such as the scooters and the vehicles that salono Cycles have what about electric cars again that's a v that's a car we're talking about ebikes this is a b shop you guys are not in the business of a car lot um okay any other questions okay um although the city has recommended 15 days for storage I'm going to increase that 30 days for you to deter some options comp uh with the with the code requirements um thereafter the $250 per day be the assessed assessed fine um I will issue an order to this effect and um in the next few days and like I said I would encourage you to um start exploring options that might be available to you for storage um including uh contacting the planning department to determine whether or not a is a possibility I would also encourage you to explore the idea of the six events per year I think she M referred to those days is what the code is and don't see that you don't have stage available is anate excuse fora I appreciate your time and um thank you very much for being here today thank you thank you for extending the time thank you yes is there anything else that was the only I today the first okay thank you very the heing